Constitutional Law

Big Questions:

1. Explain the provisions retaining to appointment, powers and functions

of President of India.
2. Explain constitution and functions of Supreme Court and high Courts
specified in Constitution.
3. How Governor is appointed? What are powers of Governor and
grounds of removal of Governor?
4. Briefly explain Legislative administrative and financial relation between
Union and states.
5. Explain the provisions of Trade Commerce and Intercourse with
relevant exceptions.
6. Explain the provisions relating to emergency, it kinds and effects.
7. Explain the procedure of amendment in the constitution.
8. Explain the functions of Parliament proceedings and powers of
speakers of Parliament.
Short Answers

1. Election Commissioner.
2. Veto power.
3. Money bill.
4.
5. Financial emergency.
6. Public Service Commissions.
7. Writs.
8. Parliamentary privilege.
9. Advocate General and attorney General.
10. Advisory jurisdiction.
11. Council of Ministers.
12. Impeachment proceedings.
13. Rajya Sabha.
14. Administrative relations.
15. Financial relations.

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Constitutional Law:
1. Explain preamble and features of Indian constitution.
2. Explain fundamental right of equality with relevant exception and
leading cases.
3. Explain all fundamental freedom guarantee under Article 19 of
Constitution with relevant exception and leading cases.
4. Explain the provisions of Directive Principal of State policy and how it
defers from fundamental rights.
5. Explain the provision of appointment Powers and Functions of
President of India what is procedure of removal of President.
6. Explain constitution and function of specified in constitution.
7. Explain administrative legislative and financial relationship between
Union and the states.
8. Briefly explain the provision of Trade Commerce and Intercourse with
relevant exceptions.

Short Type

1. Preamble of constitution.
2. Definition of State.
3. Citizenship.
4. Protection of life and liberty.
5. Freedom against exploitation.
6. Freedom of religion
7. Educational and Cultural rights.
8. Fundamental duties.
9. Writs.
10. Governor
11. Emergency
12. Writs of Hebcas corpus
13. Double Jeopardy.
14. Public service commission.
15. Amendment in constitution.

Directive Principal of State policy in future programme specified in

Constitution called as ideals of Constitution. These provisions have been

specified from Articles 37-51. There is draft between DIRECTIVE

PRINCIPAL and fundamental rights on 3 points.

Directive Principal are not enforceable in the court. Fundamental

rights are enforceable in the court.

There is no legal force in AP. Directive Principal of State policy, in

fundamental rights there is legal force.

The Directive Principal there is discretionary power of the

Government to implement it or not. In fundamental rights there is

no discretion to Government.
 PROVISIONS OF DIRECTIVE PRINCIPAL OF STATE
Policy:

1. State can enforce any policy for promotion of welfare of the people.

2. State shall grant permission to earn their lively wood.

3. Natural resources to be distributed throughout the country.

4. State to minimize concentration of wealth in hands of few people.

5. There shall be equal pay for equal work for male and female

employees.

6. Children under 14 years age not be employed in industry and factory.

7. State to provide nutritious food to poor children in schools and medicine

to the needy.

8. Free legal aid to the provided to poor people.

9. State to encourage Gram Panchayat in villages to settle the dispute.

10. Right to work to be given to all the people above 18 years.

11. Right to education to be provided to all children from 1st April 2010,

it is a fundamental right.

12. Maternity benefits to the provided to all working women including

labour category.

13. Living wages to be given to work men in industries, but in India they

are paid minimum wages.

14. Workers to be allowed to participate in management policies.

15. Uniform Civil Court to be brought for all citizens in terms of judiciary.
16. Free and compulsory education to be provided to all children from

KG to PG.

17. State to protect economic interest of SC, ST, BC and weaker

sections by providing education and employment, therefore reservation

policy and brought into force.

18. State to encourage agriculture by providing facilities to farmers.

19. State to protect historical places, forest and wild life.

20. Judiciary to be made independent not under pressure of Govt.

21. State to maintain better relationship with other countries.

22. State to protect country from and people from internal violence and

external war.

This are the provision of Directive Principal and many policies have

been implement but some policies have not been implement looking into

the cultural demographic requirement of the people and the state.

Removal of President:
It is not impossible even though it is uncommon, President can also

be removed all procedure and it is called as impeachment proceeding.

Following are the grounds to remove a President.

When he became unsound mind person.

When there are charges of corruption.
When he commit act of grave misconduct.
When his term is expired.
 In order to remove President there is discussion in Parliament called

as impeachment proceeding after discussion voting is done from the

members if majority members vote in favour of removal then only

President is remove.

Protection of life and liberty (20, 21 and 20)

procedure establishment under law. This fundamental right includes

following rights.

Only case can be booked for crime in law is in force, no case can

be booked repelled law.

Every person to be given opportunity to prove himself as innocent.

Arrested person to be given reason for his arrest.

No person to be forced in the court to make incriminating

statements.

Any case to be proved beyond reasonable doubt.

Opportunity to be given to change the advocate or engage more

advocates in a case.

No trial can be done for more than 1 time for same offence against

jeopardy bee nobody

can be punished for 2 times for same offence.

 When there is no possibility of fair justice then Supreme Court or

High Court have power to transfer case from one court to other

court.

When there is pollution then case can be filed against it under article

21 sect it is violating right to life.

No punishment can be given for crime exceeding the limit mention

in the section.
There is right to every person to do any work and earn lively wood.
These are the points covered under protection of life and liberty.

Freedom against exploitation:

Exploitation means to take unfair advantage of the situation under

section 23 and 24 there is protestation against exploitation is fundamental

right. If there is exploitation then there, 11 remedy available under Civil

and Criminal Law.

1. Charging heavy rate of interact is exploitation.

2. Taking denotation under influence or pressure.
3. Employment of children under 14 year age.
4. Forcing the children for begging.
5. Forcing women or girl to call immoral activities.
6. Selling the goods in black marketing.
7. Taking excess work without payment of overtime allowances.

Therefore, exploitation include many points and effected person can

take remedy.
Educational and Cultural Right:-
There are educational and cultural right to people especially for

minorities specified under article 29 and 30, which include following

points:

Minorities have right to establish education intuitions and provide

education in any medium.

Management of the institution is carried by Minority person.

There is right to minorities to given admission to minority candidates

on preference basis and leftover sits they take other candidates.

Minority institution have right to frame additional rule.

Minority institution can conduct their own examination for entrance.

Cultural Activities
In this right citizen can do cultural activities which include
international jammer and spokes and to release movies of one contrary in
other contrary.
These are the educational and Cultural rights of citizen rights.
Pardoning power off president
Provisionary Estoppels
Doctrine of valuable legislation.
Write of certiorari
Doctrine of Pith submit.
Sovereign functions.
UPSC
Financial Engorges.
Collective responsibility
Executive powers.
Judicial accountability and judicial raw
Court of record.
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Constitutional Law

1. Explain provision of preamble and feature of Indian Constitution?

Ans: Indian constitution come into force from 26th January, 1950 called as

republic day. Constitution is the fundamental law of the country

Government have to function according to provision of constitution.

Preamble of constitution: - Preamble mean introduction or ideals of

constitution. If includes following points: -

1. Sovereign: It means no other country can interfere in internal matter

of India.

2. Secular: This constitution is secular and all citizens have liberty to

follow any religion.

3. Democratic: It means all powers are vested in public and they can

bring Government of choice by using voting right.

4. Justice: This constitution gives guarantee of Social, Economic and

political justices.

5. Opportunity: This constitution gives opportunity of thought,

expression, believe and worships to all the citizens.

6. Unity and integrity: This constitution mentioned unit and integrity of

the of the people and the country.

Features of Indian Constitution

1. Lengthy: This constitution is written and lengthily having 395

articles.

2. Rigid: It is rigid or pursuant because there is difficulty in making

amendment.

3. Flexible: It is also flexible because amendment can be done

according to article 368.

4. Federal: Powers are divided between Union and states.

5. Unitary: When emergency declare then all powers are vested in the

Central Gain.

6. Citizenship: In this constitution single citizenship is allow.

7. Fundamental rights: There are many fundamental rights given of

citizens.

8. Directive Principles: There are future programmes of Govt

specified in constitution called Directive Principle of state policy.

9. Fundamental duties: There are ten fundamental duties for citizens

specified under article 51A.

10. Independent Judiciary: S.C and H.C are established under

constitution and it is not under pressure of public or the Govt.

 11. Powers: It has specified powers of Parliament, Assembly,

President and Governors.

12. Relationship: There is relationship between Union and state

Union have to help the state whenever it is necessary.

Therefore, this constitution is having all the characteristic. This is

details about preamble and features of Indian constitution.

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Q.2. Explain provisions of fundamental right of equality with

reasonable restrictions and leading cases.

includes following:

1. Equality before Law and protection of Law: All citizens are equal in

the eyes of Law there is also equal protection under Law to all the

people.

Ex: If anybody commit murder, a new born child or minister or a

beggar then there is equal punishment under Law

Ex: There is theft in hurt or the building police have do the

investigation and take the case because law gives equal protection

to people.
 2. No discrimination of ground of sex, caste, community, place of

birth and religion: Under this right male as well as female have

equal on basis of caste religion.

Ex: A women have also right to taken any education or any

employment without discrimination.

3. Equality of opportunity in public employment: Public

employment means any service of Govt., Company, Corporation,

Institution, opportunity to be given to all eligible candidates.

Therefore, possessor is followed to select the candidates, such as

notification, examination and interview.

4. Prohibition of untouchability: In olden days there was practice of

untouchability people did not give equal treatment to harijans or

sudras it has been prohibited by passing untouchability Act.

Because there is equality.

5. Abolition of title: All titles such as Raju, Maharaja, Nawab, King

have been abolished because of equality.

Exceptions:

1. Immunity: President, Governor and Ambassador are above the

Law and there is no equality but it allow.

2. Personal Law: There is separate Personal Law of Hindu and

Muslims. Hindu is liable for bigamy, but Muslims is not liable for

bigamy which against equality.

 3. Reservation Policy: B.C.,S.C., S.T. get education and employment

with less performance is against equality. But permission on ground

of justification.

4. Welfare Activities: There are some welfare activities for poor

people, senior citizens, which is against equality but allowed under

law.

Ex: Rs. 2 K,G. rice on white ration card, free bus pass girls

students, pata to poor people, more interest to senior citizens it is

against equality.

Rajini Bal V/s Indian Airlines Corporation

There was a rule in Indian Airlines that air hostess cannot continue

in service after marriage. This rule was challenged in the court. Court held

that it is discrimination between male and female and set-aside the rule.

Bombay Education Society V/s State of Maharashtra

Court issued a circular that English medium school will not be given

grant. When case was filed that court held that grant to given any medium

school on grand of equality when it fulfill required condition and circular

was set-aside by the court.

Balaji V/s State of Karnataka

Petitioner was applicant having 80 marks he was not given seat

with 80 marks but S.C. candidates having 50 marks got the seat he filed
petition that it is against equality court dismissed the petition on the ground

that there is justification.

This is details about equality exceptions and relevant cases.

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Q.3 What fundamental freedoms guaranteed under Act 19 of

constitution. Explain your answer with reasonable restrictions and

relevant case laws.

Ans: Under Article 19 of constitution seven freedoms are given to citizens.

This freedom are subject to reasonable restrictions.

This freedom are as follows:

1. Freedom of speech and expression: Anybody can deliver public

address which is speech expression means writing books,

publication of newspaper, movies dramas, called as freedom press

or media.

Exceptions:

I. Defamation of any person or persons is prohibited.

II. Speech or expression to encourage for violence or effect unity and

integrity of the country is prohibited.

2. Freedom to form Assembly: Assembly means more number of

people come together they can form assembly for lawful purpose.

Such as marriage, functions, funeral, public address.

 Exceptions:

i. Assembly to do illegal Act called as unlawful assembly is

prohibited.

ii. When there is Sec 144 then Assembly is prohibited.

3. Freedom to form Union or Association: There is freedom to

form Union. Which is for indefinite period such employee Union,

Auto Union, businessman Union, etc.,

Exception:

1.

ga

2. In public interest govt can prohibited union such as student

union.

4. Freedom to move freely throughout territory of India: It is

freedom to people to go from one place to other place without

passport and without any reason throughout territory of India.

Exception:

1. When there is danger to security than movement can be

prevented.

2. When people are going to do illegal Act then it can be prohibited.

5. Freedom to reside and settle in any part of India: There is

freedom to reside temporarily or permanently in any part of the

country.
 Exceptions:

1. Prostitutes are not allowed to reside in good locality.

2. When there is punishment orders them such person is not

allowed to settle at that place.

6. Freedom to acquire hold and dispose property: Them is freedom

to earn the property enjoy it and transfer it.

Exceptions:

1. A person have to pay all the law taxes.

2. Govt. can acquire any property for public purposes by paying

compensation.

7. Freedom to practice any profession: There is freedom to every

persons to carry on trades business or profession.

Exceptions: -

1. There should be required qualification

2. It should not be illegal or immoral are prohibited under Law.

Cases:

Kaushalya v/s State of U.P.

filed a case that it is here profession court dismissed it on the ground

 Chiranjitlal V/s State of Maharashtra

Petitioner was owner of textile mills and he wanted to closed it

Govt. gave directions either to run mills or handover to Govt. The court

held that in public interest Govt can acquire property and dismissed the

case.

Gopalan V/s State of Tamil Nadu

Petitioner wanted to publish newspaper but Govt refused a license

on the ground that many papers are in circulation the court held it is

freedom expression and he should be given licence to publish newspaper.

This is details of fundamental freedom exceptions and relevant

cases.

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Q.4. Explain the fundamental right relating to protection of life and

liberty with relevant cases.

Ans: It is fundamental right of every person to protect his life and liberty

under Article 20, 21,22 it includes following points: -

1) No life or liberty can be deprived within due procedure established

under law.

2) Every person to be given opportunity to prove himself innocent.

3) No case to be booked unless law is enforce. It cannot be booked if

law repealed or withdrawn.

4) Any person to be arrested should be reasons for his arrest.

5) No person can be forced in court to give evidence against himself.

6) Court should give opportunity to engage more advocates in same

case or change the advocates.

7) Procedure have to be followed when any person is arrested. There

is procedure that he should be produce before magistrate for

remand within 24 hours. If magistrate give remand then custody can

be renewed. If bail is granted then he should be realised from

custody.

8) If any arrested person in police custody or jail in sick. Then he

should be taken to hospital for treatment.

9) There should not be trail of more than one time or punishment for

more than one

10) When any person is in prison and he wants to study or write the

books then he should be given opportunity.

11) Nobody can convicted for offence of particular person. Any crime

is personal matter and crime buried after death of criminal .

12) When anybody removes from services, then there is violence of

right to life and court can order to take him back in the job.

13) When there is excess pollution then it is violating right to life and

court gives remedy.

 Following are the leading cases relating to protection of life and

liberty:

Shankeri Prasad V/s Sate of Tamil Nadu

There are murder charge against petitioner he was acquitted after

trail later on somebody send photograph that he has committee crime and

court wants conduct trail again. H.C. applied rule double Jeopardy and

directed court not to conduct trail again.

Ramakrishna V/s State of U.P.

Petitioner was arrested and sent to jail under National Security Act.

He filed a case that liberty has been deprived without any procedure

Supreme Court held that under National Security Act or Emergency liberty

can be deprived without given any reason and this fundamental right not

enforceable.

Prabhakar V/s State of Maharashtra

Petitioner was in prison and he wrote a book he wanted to publish

the book but it was prohibited by the jail authorities. The court held that

this liberty which cannot be restricted.

These details about fundamental right of Protection of life and

liberty with relevant cases.

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Q5. Explain constitution and functions of H.C. and S.C.

Ans: S.C is highest court of the country. Situated in Delhi. There is one

Chief Justice and so other judges in S.C. Chief Justice get 1,20,000 lakhs

salary per months and other 1,00,000 salary per month. In addition to this

every judges get car, driver, servant security staff, banglow and other

facilities appoint all the judges. Following conditions should be fulfilled to

appoint S.C. judges.

1. He must be citizen of India.

2. If such person is H.C. Judge then minimum 5 years experience is

necessary.

3. Any advocate of S.C. having minimum 10 years standing.

Powers of S.C: Following are power of S.C. specified from Article 124 to

145.

1. Original Jurisdiction: Any matter of constitution can be directly filed

in S.C it can interpret and enforce any provisions of constitution.

2. Appellate-e-Jurisdiction: Appeal from every H.C is allowed to S.C.

in civil and criminal matters after hearing. There is power of S.C. to

confirm, alter and set-aside judgement.

3. Advisory Jurisdiction: President have power to take advice of Chief

Justice of S.C. in constitutional matter. Such advisor is not banding of

president.
4. Writ jurisdiction: A writ can be filed under Article 32 in S.C. for

enforcement of fundamental right S.C. can give proper remedy.

5. Miscellaneous power:

1) Chief Justice administration oath to president of India.

2) S.C. can give direction to H.C. judge of one H.C. to other H.C.

3) On advice of S.C. President can transfer judge of one H.C. to other

H.C.

4) It can make rules and regulations for all court in India.

5) It can punish for contempt of court.

6) It can make inspection of work of H.C.

Retirement age of S.C. Judge is 65 years. After retirement he should not

practices in any court.

High Court: 214 to 230 Articles

In every state there is a H.C. and it superior court of the state. In every

H.C. there is one Chief Justice and no of other judge according to

requirement. All judges are appointed by President of India. Chief Justice

or H.C. get salary 1,00,000 per months and other judge Rs.80,000 per

months. In addition to this every judge can get a car, driver, bungalow,

servant and security staff following are condition to appoint H.C. Judge.

1) He must be citizen of India.

2) Judge of District court having minimum 5 years experience.

3) Advocate of the H.C. having (10) years experience.

Powers of H.C.:

1. Original Jurisdiction: Any matter of court citation can be directly filed

in H.C it can interpret and enforce any provisions of constitution.

2. Appellate-e-Jurisdiction: Appeal from District Court, Labour Court,

State Tribunal, is allowed to H.C. There is power of H.C. to confirm,

alter and set-aside judgement of subordinate court.

3. Advisory Jurisdiction: Governor can to take advice of Chief Justice

of H.C. in constitutional matter. It is not banding of Governor.

4. Writ jurisdiction: Under Article 226 writ can be filed in H.C. for

enforcement of fundamental right. Appeal from H.C. allowed to S.C.

5. Miscellaneous power:

a) Chief Justice of H.C., administration oath to Governor of India.

b) H.C. can give direction to district court.

c) HC appoints sub-ordinate staff.

d) HC Judge make inspection f Sub-ordinate court.

e) It can punish for contempt of court.

f) HC can transfer sub-ordinate court Judge.

g) It can make rules to be followed by all court in state.

h) There is power of H.C. to admit appeal from district court and

decides it.

i) Judgement of H.C to be followed by Sub-Ordinate Court in similar

matters.
 Retirement of HC 62 years after retirement he can practice only

in S.C. and not other court.

This is details S.C. and H.C. in constitution.

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Q 6. How President is appointed? Explain his powers and functions.

Ans: President is head of Union Govt. President is elected by members of

Parliament and State assemblies following conditions to fulfil to appoint

President.

1) He must be citizen of India.

2) He should not be employee for any profit.

3) He should not be unsound

President get 1.5 lakhs salary per months and in addition to this a

Car, driver, bungalow, servant, security staff and other facilities. Term of

appoint of President is 5 years.

Powers of President:

1) Legislative Power: Any Law enacted by Parliament becomes Act

or law only after signature of President. President appoint, Prime

Minister, Central Minister, Speaker of Parliament and Vice

President, President can remove any minister.

2) Military Power: President has power to order military or defence

force. President can declare the war with any country or withdraw

the war.

3) Executive Power: President has powers to appoint some

administrative officers such as Election Commission, member of

U.P.SC, Member of Central Human Right Commission, Minority

Commission and finance Commission.

4) Rule Making Power: When parliament not in session and any law

is necessary then President can make such law or rule. It is in force

for six-month period and after that approval of Parliament is

necessary.

5) Emergency Power: President have power to declare emergency in

the country. In consultation P.M. and cabinet Ministers. President

can also withdrawn the emergency, if govt is not functioning properly

formed.

6) Financial Power: In order to introduce new tax or to borrow loan

from Foreign country or to drawn money from consolidated fund of

India. Prior permission of President is necessary.

7) Judicial power: President appoint all judge of S.C. and H.C.

president can transfer judge of one H.C. to other H.C. President can

also remove judge of H.C. or S.C. according to procedure.

 8) Miscellaneous powers:

a) President administrators oath to S.C. judge.

b) President can take explanation about administrative work from

P.M.

c) President alter or condone punishment given by any court.

d) President appoint Governor of every state and transfer Governor

from one state to other state.

e) President can address members of Parliament.

This detail about appointment and powers of President in Indian

Constitution.

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Q 7. Explain various provisions enshrined in constitution relating to

relationship between Union and States.

Ans: There is relation between Union govt and State Govt., which is

legislative, administrative, financial. It is specified from Articles 245 to 263

of the constitution. It includes following points.

1) Law of Central Govt: When Parliament pass any Act then all state

have to abolished it because there is legislative relationship.

2) Administrative Officers: Central Govt. appoint I.A.S. and I.P.S.

officers in all superior departments in the state to carry

administration. It is called as administrative relationships.

3) Representative from the States: They are elected from the states

has members of Parliament. Therefore all states have

representation in Parliament.

4) Governor: Central Govt. appoint Governor in every state and state

govt have to cooperate with Governor.

5) Taxation: There are some taxes collected in the state by Central

Govt. such as I.T., excise duty, custom duty and central sales tax, it

is financial relation between Union and State.

6) Disputes between states: When there is disputes between status

dispute.

7) : When any Govt is not functioning properly in the

rule till new Govt. is formed.

8) Discussion of State Matter: There is power of Union or Parliament

to discuss any important matter of the state and take decision.

9) Financial Assistance: When there is any problem in the state such

as Earthquake, flood, drought, storm, then C.M of State can demand

financial assistance from Union and it has to give it.

By above appoints it is clear that there is legislative, administrative

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Q 8. What are constitutional provisions relating to trade, commerce

and intercourse and relevant exceptions to it?

Ans: Them is freed trade, commerce and transportation throughout

territory of India. Regional restrictions are allowed in trade. Commerce

and Transportation. These restrictions are specified from article 301 to

307 of constitution. Which are as follows: -

1) Income Tax: When any trade or commerce is done and income

exceeds permissible limit then party have to pay income tax.

2) Sales Tax: When there is sale of the goods then seller have to pay

sales tax unless goods are exempted from sales tax.

3) Turn over Tax: When the total transaction is 40 lakhs are above

then party have to pay TOT tax.

4) Entry Tax: When goods are brought from any for sale within

municipal limit then party have to pay entry tax.

5) Excise Duty: When there is manufacturing of goods then

manufacturer have to pay excise duty.

6) Customs Duty: When goods are brought from other country in

India. Then party have to pay customs duty.

7) Entertainment Tax: When anybody is running theatre business

then he has to pay entertainment tax.

8) Permit: There should be permit of one or more states to a truck.

Entry of any truck without permit is prohibited.

 9) Licence: In order to start any business licence is necessary such as

municipal licences, sales tax licences.

10) Professional Tax: Professional Tax have to be paid by all

small businessman and service people.

These are reasonable restrictions even though trade,

commerce and transportation is allowed freely throughout territory

of India.

Short Answers:

2) Citizenship:

It is necessary to live in India for indefinite period. Detail of citizenship

is from article 5 to 11 of constitution. It is acquired by following methods.

1) By Birth: When child takes birth in India then by birth he get citizenship.

2) By Parents: Child may take birth in any country. Parents can brings

the child because they are the citizens of India.

3) By marriage: When girl of any country perform marriage with boy of

India. Then she gets citizenship.

4) By Annexation (Attached): When any territory is attached with India.

Then all people in the territory acquired citizenship.

5) By Resident 15 years: Citizen can enjoy all fundamental rights, get

any education, job, right to voting, right to contest election and future

generation get citizenship.

3) Definition of state:

The term state has been defined under article 12 state is having fixed

territory and population with in the territory state includes followings

points.

1) All Central govt and state govt Department.

2) Defence force of India.

3) All the courts in India.

4) All Public companies, corporation and institutions.

5) All Banks, Universities, Educational Institution, Zila Parishad and

Municipal Corporations.

6) Railway, State Transports, Airlines, come under definition of state.

When any case, is filed, against above authority, then state is one of

the party state does not includes shops and private industries.

4. Doctrine of Judicial Review:

Judicial review means of reconsider same matter. When there is error

in judgment, then some court or superior court can make judicial review.

It includes following point:

1) Party have to file petition for Judicial review.

2) It can be done by same court or superior court.

3) Copy of judgement to be enclosed with review petition.

4) Errors or mistakes to be mentioned in the petition.

 5) Judge make hearing of both sides.

6) Judge have power to reconsider the judgement and declare new

judgement by rectification of errors.

7) H.C. and S.C can overrule, earlier judgement under judicial review.

Therefore, purpose of Judicial review is to rectify the errors in

applications of law.

5. Fundamental duties:

In 1976 there was 42 amendments and article 51A have been added

and Ten fundamental duties have been mentioned for citizens. Which are

as follows:

1) To respect national flag.

2) To respect national anthem.

3) To respect women and mentioned there dignity.

4) To protect public and private property from violence.

5) To protect all the animals.

6) To protect all the forest.

7) To protect historical places.

8) To maintain healthy environmental.

9) To preserve human values.

10) To develop science and technology.

6. Doctrine of eclipse:

Any bill to be passes by Lok Sabha and Rajya Sabha and it should

be signed by President of India then is becomes law or the Act. Doctrine

of eclipse includes following points:

1) Bill is passed in Lok Sabha by majority.

2) Bill to be sent to Rajya Sabha for discussion and to pass it.

3) Rajya Sabha can return the bill with commendation.

4) Lok Sabha can again consider the recommendations and pass the

bill.

5) When Rajya Sabha reject the fill or did not pass, then Doctrine of

eclipse applicable.

Such bill cannot become the law, according rule of Doctrine of

eclipse.

7. Public Service Commission:

1) Union Public Service Commission.

2) State Public Service Commission.

UPSC: UPSC is having one Chairperson and five other members

appointed by President of India. If conduct all India level examinations for

I.A.S and I.P.S and select the candidates by conducting interview and
recommend to the Govt. For their appointment Central Govt appoint them

on Superior post in various states.

: It is every state. There is one Chairperson and five members.

This commission also conduct examinations, interview and recommend

the candidates for various administrative posts in the state.

8. Emergency:

President have power to declare emergency in the country or

president rule in the state. In consultation with Prime Minister and Cabinet

1) Emergency because of War 352 Article.

2) Emergency because of internal disturbance 356.

3) Financial emergency 360.

When India declare war on other country declare war with. India,

then this emergency can be declare. In 1962 there was War with china

and in 1971 war with Pakistan and this emergency was declared.

When there is disturbance in many parts of the country. Then this

emergency can be declared. In 1977 election of Indira Gandhi declare has

invalid by Allahabad High Court and there was disturbance in many parts

of the country. Then this emergency was declared.

Financial emergency declare when money value come down,

inflation increase and economic crime increase. Then it can be declares

so far this emergency was not declares in India.

Effect of emergency is all fundamental right. Suspending and no writ

petitions can be filed in court. It is like dictatorship in the country. For the

security of people and the country.

9. Amendment in constitution:

It can be done according to article 368. It includes following points:

1. Drafting of bill: Legal expert draft the bill according to direction

ministry.

2. Introduction in Lok Sabha: Speaker of Parliament writ the bill in

Parliament for discussion and debate.

3. Alternation: If member subject any alteration or change in bill then

they do it.

4. Second reading: After alternation again there is second reading of

the bill.

5. Voting: There is voting on the bill and more than 50% members

have to vote in favour of the bill then it is passed in Lok Sabha.

6. Introduction in Rajya Sabha: When Lok Sabha pass the bill then

it is introduce in Rajya Sabha for discussion again there is voting

Rajya Sabha and more than 50% members have to vote in favour

of bill. Then it is passed in Rajya Sabha

7. Signature President: When both house passed a bill then it is send

for signature of the President. After signature of President bill is

passed and there is amendment in constitution.

10. Writs:

Under Article 226 writ can be filed in H.C. and under Article 32

in S.C. for enforcement of Fundamental Right. There are five kinds of

Writs.

1) Writs of habeas-corpus: When there is arrest and detention done by

Public authority or Private party. Contrary to law or procedure then

this writ can be filed.

Ex: Police officers arrest a person and keep in custody for our

weak without taking remand from court. According to producers

arrested person should be produce before magistrate within 24

hours. There is violence of Producer and habeas corpus. Court may

order to realise arrested persons.

2) Writs of Maritimes: This writ is to force public officers to do legal

duty. When any public officer or department is not doing legal duty
 or causing unreasonable delay to do the duty. Then court may pass

order to do it. Under this writ.

Ex: A have applied to M.C. permission for construction of

house if permission not given without reason then court may order

to give permission and to do legal duty.

3) Writ of prohibition: This is judicial writ available from S.C. against

H.C. and H.C. from against Sub-ordinate court. When any court

entertain any case without justification then it is prohibited.

Ex: A Civil judge entertain taxation matter. There is no

jurisdiction of Civil and it is prohibited under this writ.

4) Writ of certiorari: This writ is also judicial unit. When any judge is

violating principal of natural justice. Then case is transferred to other

judge or other court under this writ.

Ex: Judge is relative of Advocate or the party appearing in that

case under this writ case will be transferred to other judge or other

court.

5) Writ of Quo-Warranto: When any public officers misuse his power

or do ultra vireos Act then it is control under this writ.

Ex: Principal of a college agave admission without following

reservation rule this is misuse of power and all admission can be

cancelled under this writ.

Therefore all this writs are to enforce F.R.

11. Kinds of constitution:

There are different kinds of constitution.

1. Written constitution and unwritten constitution: When any

constitution is written and it is clean on record then it is written

constitute our constitution

2. Federal Constitution: In this constitution powers are divided into

Union and the states. India constitution is federal.

3. Unitary Constitution: In this constitution all powers are vested in

Central Govt. And state had no powers or limited powers.

4. Communist Constitution: This constitution is China and there is very

less gap between rich and poor. A limit is given for property and

excess property is taken way by the Govt.

12. Governor:

He is the head of state Govt. appointed by President for five years

terms. President can remove governor at any time without giving any

reason. Governor get 1.25 lash salary and in addition to Bungalow, car,

staff, driver etc.

Powers of Governor:

1) Executive Powers: He appoint some executive such as Vice-

Chancellor of Universities in the State, Members of State Public

Service Commission, Members of State Women Right Commission.

 2) Judicial Powers: He administrative oaths to all H.C. Judges. He can

suspend appointment given by any court.

3) Legislative Powers: Any bill passed by assembly becomes laws

after signature of Governor.

4) Advisory Powers: Governor can take advice of Chief Justice of H.C.

in constitutional matters of Govt. Such advice in recondatory for

Governor.

13. Educational right of Minorities:

Minorities have following educational right under article 29 and 30.

If include Muslim Minorities and Christian Minorities. This right are as

follows:

1) They can establish educational institutions and give education in

any medium.

2) Then can do management of education institution.

3) They have right to do admissions to their own student and if seats

are vacant then they can give admission to others.

4) They can performance to their own people in employment.

5) They can make additional rules and regulations.

6) They can conduct their own entrance.

These rights are given to Minorities to promote their education.

14. Freedom of Religion:

There F.R of religion to all the citizens mentioned from Articles 25

to 28 of constitution. It includes following points.

1) Citizens have right to profess religion of their choice.

2) There is right to make conversion of religion.

3) There is right to publish book articles relating to religion.

4) There is right to deliver public addresses relating to religion.

5) There is right to perform religion ceremony.

6) Right to take religion procession.

7) Right to establish religion institution.

8) Right to create trust for religious purpose.

9) Right to give donation for religious purpose.

10) Right to perform marriage in any caste or religion.

16. Directive Principles of State Policy:

There are number of directive principle specified from Article 37 to

51. These are future programmes which govt may implement but can

challenged if not implemented. These provisions are as follows:

1) State can make the scheme for welfare of the people.

2) Equal pay to be given for equal work.

3) Maternity benefit to be given to women workers.

4) Free and compulsory education to be given to all children under 14

years age.

5) State to protect Forest, wild animals and historical places.

6) Nutritious food to be given to poor children in the school.

7) Reservation to be given to B.S., S.C., S.T., in education and

employment.

8) State to make uniform civil code for all the citizens.

9) National resources to be distributed throughout the country.

10) Judiciary to made independent not under pressure of govt. or

the people.

11) State to protect public and private property from violence.

12) Better wages to be given to workers to improve their standard

of living.

13) State to provide better environment to people by Minimising

population.

14) State to encourage agriculture by provide facilities to formers.

15) State to protect country from any war.

Therefore many

- - The End - -

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All the Best; from Law Students Federation