LAWprep/Sample Notes/CLAT 2009

Entire study material has been developed in such a way that its not only easy to understand but also simple to mug up. Indias first ever study package which has most organized, systematic and simple notes to prepare CLAT exam. No surprise, 95% GK questions were from our notes in CLAT 08 exam. All other sections were also identical to our mock tests. Here, some of our notes given below. Start learning important ideas and prepare well for exams. All the best!

Sources of Indian Constitution

Country U.K. (England) Constitutional Provisions Borrowed Parliamentary System Bicameral Parliament Lower House More Powerful Powers of Speaker in Lok Sabha Prime Minister Council of Ministers Council of Ministers responsible to Lower House Single Citizenship Written Constitution Fundamental Rights Supreme Count Head of State (President) Judicial Review Concurrent List Centre-State Relationship Fundamental Duties 5-Year Plan (Non-Constitutional Feature) Emergency Provisions Federal System Residuary Powers Procedure of Constitutional Amendment. Concept of Directive Principles of State Policy. Originally borrowed from Spain

USA

Australia Erstwhile USSR Germany Canada South Africa Ireland

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Important Articles of The Constitution

ART 54 61 76 82 102 105 108 110 123 124 137 143 148 153 169 201 214 226 231 233 239 RELATES TO Election of President Impeachment of the President Attorney General for India Readjustment after each census Disqualification for membership Power, privileges of house of Parliament Joint sitting of both houses Definition of Money bill Power of President to promulgate Ordinances Establishment of Supreme Court Review of judgments by supreme Court Power of President to consult the Supreme court Comptroller and Auditor General of India Governors of States Abolition or creation of Legislative Councils Bills reserved for consideration High Courts Power of High Courts to issue certain writs A Common High Court for Two or more States Appointment of district Judges Administration of Union Territories

Few Controls Used By Parliament over Executive

Question Hour First hour of every Parliamentary sitting Starred questions are answered orally. Therefore supplementary questions can follow Unstarred questions are answered in written form Short Notice questions can be asked by giving less than 10 days notice Zero Hour Starts immediately after question hour Indian innovation. Any matter can be discussed during this time Half an Hour Discussion Short Duration discussions To clear some fact on a matter of sufficient public importance on which lot of debate has al ready taken place To discuss matters of urgent public importance Also known as two hour discussion

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Calling attention motion Adjournment motion Moved to call the attention of a minister to a matter of public importance To draw attention of Parliament to a matter of urgent public importance Motion needs support of 50 members to be admitted Rajya Sabha not permitted to move it No Confidence Moved to ascertain confidence of Lok Sabha in Council of Ministers If passed, C o M has to resign Needs support of 50 members to be admitted Can be moved in Lok Sabha only Motion

Writs
And

under

Article 32 (For Supreme Court)

Article 226 (For High Court)

Habeas the body of Mandamus Prohibition

Corpus

Order to the person who has detained another to produce the detainee before the court. This is issued in order to let the court know on what grounds he has been confined. It is to protect individual liberty

Means to produce

means

Commands a public or quasi-public legal person to perform his duty Issued by Supreme Court or High Court to an inferior court forbidding it continue proceedings in a case in excess of its jurisdiction or exercise jurisdiction which is not vested with it legally

We Command

Certiorari

Issued to a lower court after a case has been decided by it quashing the decision or order. Its object is to secure that the jurisdiction of an inferior court or tribunals is properly exercised

Quo authority

Warranto

Issued by the court to enquire into the legality of claim which a person asserts to a Public Office

means what is your

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Important Amendments
AME NDM ENT 1
st

YEAR

ARTICLE / SCHEDULE AFFECTED

REMARKS

1950

Inserted Art 31 A & 31 B. Added IX Schedule

Provided for several new grounds of restrictions to right to speech and expression, right to practice any profession or trade as contained in Art 19. it related to public order friendly relation to foreign states etc. IX schedule was added to give protection from challenge to land reform loss

2nd 4
th

1952 1955

81 31, 305, Schedule 31A, IX

Representation for election to Lok Sabha was readjusted. Restated private the States of compulsory for welfare acquisition legislation of like property. Scope

abolition of zamidari, planning, control over resources etc. was extended. Amended many provisions related to High Court. To clarify that the Parliament has the power to create a new state or Union Territory. Provision was made for formation of two states Punjab and Haryana

15th 18
th

1963 1966

226 3

24

th

1971

13 & 368

The object of the amendment was to clarify of the amendment that the Parliament has the power to amend every part of the Constitution. Including Fundamental Rights; came after Golaknaths case.

25 42 43

th nd

1971 1976 1977

Art 31

Came after Bank Nationalization Case Also called Mini constitution; made widespread changes in it after recommendations of Swarn Singh Committee.

rd

31D, 131A,

32A,

This Amendment omitted many Articles inserted by the 42nd Amendment Act. Some articles were Changed.

144A, 145. 44
th

1978

352, 22,

21, 132, 102,

The right to property was omitted from fundamental right and made legal right. armed rebellion was made one of the circumstances for imposing internal emergency. It was declared that a member who defects from his party would become subject to disqualification.

134, 134 A 52nd 1985 101, 190, 191, X

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Schedule 61st 75
th

1989 1994 2000 2003 2006

Art 326 Art 31 C

Voting Age reduced from 21 to 18 years To give effect to Taamil Nadus reservation for SC, ST & OBCs beyond 50%; after Indira Sawhney vs. UOI Case Unfulfilled reserved seats of a particular year to be carried forward.

81st 91st 93
rd

Art 75, 164 Art 15 (4); added 15 (5) Art

Limiting membership of council of ministers to 15% of total membership of the te as the case may be. Empowers Parliament & State Legislatures to make laws for reservation for SC, ST & OBCs in unaided educational institutions except minority educational institutions for higher education. Substituted word Bihar with Chattisgarh, Jharkhand

94

th

2006

164 (1)

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Concept: National Development Council

STATUS Established in August 1952 by an executive resolution on the

recommendation of the First Year Plan. Like Planning Commission it is neither a constitutional body nor a statutory body Sarkaria Commission recommended for its constitutional status under Article 263 of the constitution and should be renamed as National Economic and Development Council. COMPOSITION The NDC is composed of the following members. Prime Minister of India as its Chairman/Head All Union Cabinet ministers (since 1967) Chief Ministers of all states Administrators of all union territories Members of the Planning Commission OBJECTIVES Chief objective To secure Cooperation of states in the executive of the plan. To strengthen & mobilize the efforts and resources of the nation in support of plan To promote common economic policies. To ensure balanced and rapid development of all parts of the country.

FUNCTIONS Prescribe guidelines for preparation of the National Plan. Consider the National Plan as prepared by Planning Commission. Make an assessment of the resources required for implementing the Plan. Consider important questions of social & economic policy affecting National Development. Review the working of the National Plan from time to time. Recommend measures for achievement of the aims and targets set out in plan.

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Indian Political system: Points to remember - Module 04

The only State having Constitution of its own is Jammu and Kashmir. Constitution of J & K came into force On 26 January, 1957. Planning Commission is also known as Super Cabinet, Economic Cabinet Parallel Cabinet, and The Fifth wheel of the coach etc. The CAG is an officer of the Parliament and he is called Ears and Eyes of the Public Accounts Committee. Difference between an attorney general and a solicitor general? An attorney general is an officer appointed by the President of India under Article 88 of the Constitution. He represents the Union government in the Supreme Court. A solicitor general is with the law ministry and drafts the bills which become laws after being passed by Parliament. A solicitor general cannot appear in any court while an attorney general is the first person, by right, to address the Supreme Court. What is the difference between an Act and a statute? An Act is a law passed by parliament while a statute is law passed by Parliament or any other similar statutory body which has the right to do so. Council of Ministers is collectively responsible to - The parliament Person legally competent to declare war or conclude peace - The President Person who decides whether a Bill is a Money Bill or not - Speaker of Lok Sabha

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