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1 P. constitutional framework > 11 basic structure of constitution > Flashcards

11 basic structure of constitution Flashcards

1
Q

in which article in which part of the constitution grants the parliament to amend the constitution?

A

article 368 in part 20

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2
Q

when the constituent assembly was building the constitution, why did they refrain from voting on subject matters

A

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

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3
Q

which articles are the protectors of the fundamental rights

A

article 13 that the laws inconsistent or in derogation with the fundamental rights are void
and article 32: the right to constitutional remedies

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4
Q

the old right to property was in which articles

A

article 19 (1)f
and article 31 (compensation regarding it)

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5
Q

which dpsp articles were antagonistic to right to property

A

39(B) raising standard of living specially for weaker section
39(C) concentration of wealth control

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6
Q

which articles collided in the shah bano case of 1985

A

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

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7
Q

in which socialist philosophy the landlord is the real oppressor

A

the fabian philosophy of england by js mill

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8
Q

which case is known as the first backward classes commission case?

A

champakam dorairajan case of 1951 which stated that in making article 46 come to life, the govt has thrown away articles 14 and 15

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9
Q

when was the first constitutional amendment? what was it about?

A

land reforms. 1951

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10
Q

which articles were added in the first CAA

A

31A and B, article 15(4)

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11
Q

what was in article 31A

A

that in cases of land reforms, article 31 other rules do not apply

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12
Q

what was in article 31B

A

it added a 9th schedule to indian constitution in which there would be no judicial review for the acts placed in this schedule

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13
Q

in which article was the heavily controversial 9th schedule added?

A

article 31 B

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14
Q

what was in article 15(4)

A

education reservation for backwards classes, and article 14 and 15 do not apply then

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15
Q

what was shankari prasad case 1951 against?

A

the relation of article 13 and 368 after the parliament passes first constitutional amendment act

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16
Q

what is doctrine of severability

A

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.

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17
Q

what was the decision in the shankari prasad case of 1951

A

that the parliament is right in keeping 13 and 368 separate and with 368, parliament can make amendments it desires

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18
Q

how did the government handle the decision against it in the bela banergee case of 1953

A

they used the power of the 9th schedule

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19
Q

when did nehru die

A

27 may 1964

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20
Q

with which amendment did states like rajasthan and punjab put its LR acts in 9th schedule

A

17th amendment 1964

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21
Q

which case challenged to review the LR acts and shankari prasad decision but lost?

A

sajjan singh case in 1965

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22
Q

how many judges minimum are necessary in the constitutional bench

A

5

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23
Q

when was golaknath case

A

1967

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24
Q

who was the prime minister during golakhnath case

A

indira gandhi

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25
Q

how did the golaknath case change the article 368

A

it made it a subset of article 13 and limited its powers

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26
Q

who was the chief justice during the golakhnath case

A

K subbarao

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27
Q

what is the doctrine of prospective ruling

A

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

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28
Q

when was the india china war after independence

A

in oct nov 1962

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29
Q

who were the president and prime minister during indo china 1962 war

A

S Radhakrishnan and JLN

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30
Q

who had to resign after S radhakrishnan showed dismay for india defeat from china in 1962

A

defence minister VK krishna menon

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31
Q

who were the prime candidates for PM after nehru died on 27 may 1962

A

Morarji Desai and LB shastri

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32
Q

who was the president of INC who suggested LB shastri as the new pm

A

Kamraj aka the king maker

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33
Q

when was the indo pak war in time of shastri

A

1965

34
Q

what did shastri ask the citizens of india in 1965 war

A

to have fast one day in a week as india was suffering from lack of basic resources

35
Q

when did shastri die

A

on 11 jan 1966, the day of tashkent treaty

36
Q

why did kamraj suggest indira gandhi as PM after shastri died

A

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

37
Q

morarji desai rejected the idea of indira gandhi as PM in 1966, what happened next?

A

there was a voting where IG won, and morarji desai was made the finance minister and deputy pm

38
Q

who was the first deputy pm of india

A

sardar vallabh bhai patel, also home minister

39
Q

who gave the slogan of “gair congress waad”

A

ram manohar lohiya

40
Q

what was the reason of supreme court ruling against government in golakhnath case of 1967

A

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

41
Q

who became president of india in 1967

A

zakir hussain

42
Q

how did indira react immediately to golakhnath case of 1967

A

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

43
Q

when did zakir hussain die

A

1969

44
Q

who took charge of president when zakir hussain died

A

VV giri who was the vice president

45
Q

who were the presidential candidates in 1969

A

neelam sajeeva reddy and VV giri

46
Q

when VV giri contested in presidential elections, he was in charge of the presidential seat. how did IG manage to get him contest elections?

A

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

47
Q

who was the first CJI who took charge of president

A

N Hidaytullah in 1969

48
Q

who was the congress president who suggested NS reddy as the presidential candidate in 1969

A

S Nijalingappa

49
Q

when was the only time a 2nd round of voting was done in presidential elections of india

A

in 1969 when VV giri won

50
Q

how did the INC got affected after the presidential elections fiasco and falling of IG and Nijalingappa relationship in 1969

A

congress divided into two
INC(R) and INC(O)

51
Q

when after the divide of congress in 1969, who came in support of indira gandhi

A

DMK leader M karunanidhi

52
Q

when was the nationalisation of banks tried for the first time by indira gandhi

A

in 1969

53
Q

what was the minimum needed capital for banks to be nationalised

A

50 crores

54
Q

what were the two ways for compensation for banks to be nationalised which led to the RC cooper case against them

A

first was a mutual agreement
second was the decided amount by a tribunal which would be credited to the banks in 10 years

55
Q

what was the result of the RC Cooper case of 1969

A

by a prospective ruling of 10:1, nationalisation bill was dismissed as a blow to IG

56
Q

who was the lawyer in rc cooper case

A

nani palkhiwala

57
Q

what happened to the privy purses abolition bill of 1970

A

it was passed in lok sabha but couldn’t in rajya sabha (lost by one vote)

58
Q

how did indira gandhi react to the privy purse abolition bill of 1970 failing in rajya sabha

A

presidential order to change the definition of rulers in 366(22) which led to all the privy purse rulers being out of the definition

59
Q

who took the case to the court against presidential order to change the definition of rulers in 1970

A

madhav rao sindhia

60
Q

in which year did indira gandhi ask president vv giri to hold the LS elections early

A

1971

61
Q

how many seats are there in lok sabha now

A

543

62
Q

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

A

USSR
for 25 years

63
Q

when was the indo pak war when bangladesh was made a new country

A

1971

64
Q

the strong government of IG, which amendment act was made to fix the golakhnath case fiasco

A

24

65
Q

what were the changes made in the constitution for amendment powers of parliament

A

added articles 13(4) and 368(3)
which made these separate from each other

66
Q

which amendment was for the nationalisation of banks

A

25
compensation was changed to amount

67
Q

which article was added by 25th caa

A

31C which made that laws made to give effect to DPSPs is bigger than 14,19 and 31

68
Q

which articles were related to privy purses

A

291
362
366(22)

69
Q

which articles were changed or removed related to privy purses by 26th caa

A

removed 291 and 362
changed 366(22) as rulers are those who used to get privy purses

70
Q

which amendment of constitution led to the keshvanand bharti case

A

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

71
Q

why did the keshwanand bharti case had a 13 judges bench i.e. all the judges at the time

A

because they used golakhnath case as a base which led to its review. the golakhnath case had 11 judges bench.

72
Q

when was the KB case decision come

A

24 april 1973

73
Q

how did IG react to the KB case ruling

A

she declared AN Ray, the leader of the opposition judges of the KB case, as the new CJI

74
Q

which judges resigned when AN Ray was declared the new CJI

A

shalet, grover and hegde

75
Q

who was the CJI during emergency

A

AN Ray, who always favoured the government and was never of the people

76
Q

who wanted to review the KB case and how was it stopped

A

AN Ray
nani palkhiwala stopped it asking if there has been no review petition, how could they review it

77
Q

when was the indira gandhi nehru case

A

1975

78
Q

which constitution amendment of 1976 made article 368 stronger

A

42nd aka the mini constitution

79
Q

what was in minnerva mills case of 1980

A

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

80
Q

what happened in vaman rao case and when was it

A

in 1981
acts in 9th schedule before 24 april 1973 are outside of judicial review, but everything else after in well within reach

1 P. constitutional framework (11 decks)

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