11 basic structure of constitution Flashcards
in which article in which part of the constitution grants the parliament to amend the constitution?
article 368 in part 20
when the constituent assembly was building the constitution, why did they refrain from voting on subject matters
because this voting and majority support creates a toxic environment where at the end everyone is unhappy with a lot of decisions, instead they chose to make amends till everyone was satisfied with the constitution
which articles are the protectors of the fundamental rights
article 13 that the laws inconsistent or in derogation with the fundamental rights are void
and article 32: the right to constitutional remedies
the old right to property was in which articles
article 19 (1)f
and article 31 (compensation regarding it)
which dpsp articles were antagonistic to right to property
39(B) raising standard of living specially for weaker section
39(C) concentration of wealth control
which articles collided in the shah bano case of 1985
article 14 where everyone is equal and article 25 the religious freedom
muslim men can make polygamous marriages which is against equality of women
also the article 44 which promotes the uniform civil code
in which socialist philosophy the landlord is the real oppressor
the fabian philosophy of england by js mill
which case is known as the first backward classes commission case?
champakam dorairajan case of 1951 which stated that in making article 46 come to life, the govt has thrown away articles 14 and 15
when was the first constitutional amendment? what was it about?
land reforms. 1951
which articles were added in the first CAA
31A and B, article 15(4)
what was in article 31A
that in cases of land reforms, article 31 other rules do not apply
what was in article 31B
it added a 9th schedule to indian constitution in which there would be no judicial review for the acts placed in this schedule
in which article was the heavily controversial 9th schedule added?
article 31 B
what was in article 15(4)
education reservation for backwards classes, and article 14 and 15 do not apply then
what was shankari prasad case 1951 against?
the relation of article 13 and 368 after the parliament passes first constitutional amendment act
what is doctrine of severability
aka doctrine of separability says that the part of an act which violates the law shall be considered void and the parts which are constitutional can stay. it dismisses and accepts parts of a contract or a law or an act.
what was the decision in the shankari prasad case of 1951
that the parliament is right in keeping 13 and 368 separate and with 368, parliament can make amendments it desires
how did the government handle the decision against it in the bela banergee case of 1953
they used the power of the 9th schedule
when did nehru die
27 may 1964
with which amendment did states like rajasthan and punjab put its LR acts in 9th schedule
17th amendment 1964
which case challenged to review the LR acts and shankari prasad decision but lost?
sajjan singh case in 1965
how many judges minimum are necessary in the constitutional bench
5
when was golaknath case
1967
who was the prime minister during golakhnath case
indira gandhi
how did the golaknath case change the article 368
it made it a subset of article 13 and limited its powers
who was the chief justice during the golakhnath case
K subbarao
what is the doctrine of prospective ruling
in this, without changing anything about the past laws or orders, the judiciary applies the new laws from that day forward that is the future from the decision without touching the previous rules
when was the india china war after independence
in oct nov 1962
who were the president and prime minister during indo china 1962 war
S Radhakrishnan and JLN
who had to resign after S radhakrishnan showed dismay for india defeat from china in 1962
defence minister VK krishna menon
who were the prime candidates for PM after nehru died on 27 may 1962
Morarji Desai and LB shastri
who was the president of INC who suggested LB shastri as the new pm
Kamraj aka the king maker
when was the indo pak war in time of shastri
1965
what did shastri ask the citizens of india in 1965 war
to have fast one day in a week as india was suffering from lack of basic resources
when did shastri die
on 11 jan 1966, the day of tashkent treaty
why did kamraj suggest indira gandhi as PM after shastri died
morarji desai was the strong candidate which threatened kamraj’s position in the party, and indira gandhi was considered to be the goongi gudia, a non threat which led to her becoming PM
morarji desai rejected the idea of indira gandhi as PM in 1966, what happened next?
there was a voting where IG won, and morarji desai was made the finance minister and deputy pm
who was the first deputy pm of india
sardar vallabh bhai patel, also home minister
who gave the slogan of “gair congress waad”
ram manohar lohiya
what was the reason of supreme court ruling against government in golakhnath case of 1967
congress won only 283 seats out of 522 and lost in 6 states. lost tamil nadu to m karunanidhi.
this government was weak and court automatically became stronger
who became president of india in 1967
zakir hussain
how did indira react immediately to golakhnath case of 1967
she understood the importance of popularity and working for poor. gave her 10 point programme which included nationalization of banks and insurance companies, urban land ceiling, privy purse end etc
when did zakir hussain die
1969
who took charge of president when zakir hussain died
VV giri who was the vice president
who were the presidential candidates in 1969
neelam sajeeva reddy and VV giri
when VV giri contested in presidential elections, he was in charge of the presidential seat. how did IG manage to get him contest elections?
new act called president act,1969 where if VP is not there, CJ of supreme court will take charge, and next in line is the senior most judge of SC
who was the first CJI who took charge of president
N Hidaytullah in 1969
who was the congress president who suggested NS reddy as the presidential candidate in 1969
S Nijalingappa
when was the only time a 2nd round of voting was done in presidential elections of india
in 1969 when VV giri won
how did the INC got affected after the presidential elections fiasco and falling of IG and Nijalingappa relationship in 1969
congress divided into two
INC(R) and INC(O)
when after the divide of congress in 1969, who came in support of indira gandhi
DMK leader M karunanidhi
when was the nationalisation of banks tried for the first time by indira gandhi
in 1969
what was the minimum needed capital for banks to be nationalised
50 crores
what were the two ways for compensation for banks to be nationalised which led to the RC cooper case against them
first was a mutual agreement
second was the decided amount by a tribunal which would be credited to the banks in 10 years
what was the result of the RC Cooper case of 1969
by a prospective ruling of 10:1, nationalisation bill was dismissed as a blow to IG
who was the lawyer in rc cooper case
nani palkhiwala
what happened to the privy purses abolition bill of 1970
it was passed in lok sabha but couldn’t in rajya sabha (lost by one vote)
how did indira gandhi react to the privy purse abolition bill of 1970 failing in rajya sabha
presidential order to change the definition of rulers in 366(22) which led to all the privy purse rulers being out of the definition
who took the case to the court against presidential order to change the definition of rulers in 1970
madhav rao sindhia
in which year did indira gandhi ask president vv giri to hold the LS elections early
1971
how many seats are there in lok sabha now
543
after the big win of IG in 1971 following her gareebi hatao slogan, with which country was a treaty made for protection against the oppression of USA
USSR
for 25 years
when was the indo pak war when bangladesh was made a new country
1971
the strong government of IG, which amendment act was made to fix the golakhnath case fiasco
24
what were the changes made in the constitution for amendment powers of parliament
added articles 13(4) and 368(3)
which made these separate from each other
which amendment was for the nationalisation of banks
25
compensation was changed to amount
which article was added by 25th caa
31C which made that laws made to give effect to DPSPs is bigger than 14,19 and 31
which articles were related to privy purses
291
362
366(22)
which articles were changed or removed related to privy purses by 26th caa
removed 291 and 362
changed 366(22) as rulers are those who used to get privy purses
which amendment of constitution led to the keshvanand bharti case
29th CAA of 1977 which put a lot of acts in the 9th schedule, including the kerala land reforms act which led to KB case
why did the keshwanand bharti case had a 13 judges bench i.e. all the judges at the time
because they used golakhnath case as a base which led to its review. the golakhnath case had 11 judges bench.
when was the KB case decision come
24 april 1973
how did IG react to the KB case ruling
she declared AN Ray, the leader of the opposition judges of the KB case, as the new CJI
which judges resigned when AN Ray was declared the new CJI
shalet, grover and hegde
who was the CJI during emergency
AN Ray, who always favoured the government and was never of the people
who wanted to review the KB case and how was it stopped
AN Ray
nani palkhiwala stopped it asking if there has been no review petition, how could they review it
when was the indira gandhi nehru case
1975
which constitution amendment of 1976 made article 368 stronger
42nd aka the mini constitution
what was in minnerva mills case of 1980
it was against the amending power granted to the parliament in 42nd caa of 1976
this case, sc made those new changes to article 368 i.e. the addition of (4)and(5) unconstitutional.
the limited power to amend the constitution was called the basic structure of constitution
what happened in vaman rao case and when was it
in 1981
acts in 9th schedule before 24 april 1973 are outside of judicial review, but everything else after in well within reach
