Constitution Flashcards
1
Q
which charter is called as the “the germ out of which the anglo indian codes were eventually developed?
A
charter of 1661
2
Q
which charter established the first mayor courts in the presidency towns of Calcutta madras and bombay?
A
chart of 1726
3
Q
battle of plassey date
A
1757
4
Q
first governor general
consti history
A
warren hastings
5
Q
What is taken from USA
A
fundamental rights
6
Q
What is taken from UK99
A
parliamentary system
7
Q
Ireland
A
DPSP
8
Q
Germen Reich
A
emergency
9
Q
the word socialist was inserted when and by which amendment?
A
42nd consti amendment act 1976
10
Q
what is an essential condition of a republic?
A
elected head of the state - the president is elected and not a heriditary position like the monarch
11
Q
salient features of the constitution
A
- lengthiest constitution in the world
- parliamentary form of government
total number of points:
12
Q
which article of the consti provides for universal adult sufferage?
A
art 326
13
Q
what does the parliament comprise of? which article
A
president, council of states (rs) and house of the ppl (ls) - art 79
14
Q
ordinance making powers provision
A
123 and 213
15
Q
sc appointment
A
124(1) - by the president
16
Q
hc appt
A
217(1) - president
17
Q
procedure for the removal of the judge
A
order of president
after - address by each house of the parliament supported by majority of the total membership of the house + majority of 2/3rd people present and voting
presented to the president in the same session
grounds: proven misbehavior and incapacity
18
Q
theory of two laws
A
ordinary and supreme (consti)
19
Q
when was judicial review first established in the world
A
marbury v. madison (USA)
facts:
20
Q
which article lays the power of judicial review
A
art 13
21
Q
the preamble contains in a nutshell the ideals and aspirations of the constitution - which case
A
golaknath v. state fo punjab
22
Q
preamble is the key to the minds of the makers of the constitution - which case
A
re berubari union and exchange of enclaves
23
Q
which case held that the preamble was a part of the consti
A
keshvananda bharti
24
Q
which 2 DPSP’s talk of economic liberty or which is the charter of economic justice
A
39(b) and 39(c)
25
which case held that democracy is a part of the basic structure
indira gandhi v. raj narain
26
democracy is people's power and state's power vests with the people
rc pondyal v. uoi
27
excel wear v. uoi
socialism
28
socialism means to provide decent standard of life and security from cradle to grave
ds nakara v. uoi
29
st xavier's college v. state of gujarat
secular state not exactly mentioned in the consti but consti makers wanted that
30
sr bommai v. uoi
secularism is a basic feature
31
aruna roy v. uoi
secularism means respecting understanding etc. different religions
32
article 1
india that is bharat shall be a union of states
33
which state amended the art a b c d states into states and union territories and it was a result of which act
7th amendment act
state reorganization act 1956
34
does the parliament have the power to cede the indian territory to a foreign state? - held in which case
no parliamentary legislation - can only be done through constitutional amendment - re president AIR 1960
35
agreement to refer the dispute between two foreign states (Related to boundary) to a tribunal does not require parliamentary legislation - which case
maganbhai v. uoi
36
which fundamental rights are available only to citizens
15
16
19
29 and 30
37
what are certain constitutional offices that could be occupied only by citizens
president
vice president
governor
judges of hc and sc
attorney gen
advocate gen of state
## Footnote
doubt: MLA's and MP's as well i think
38
39
which of the fundamental rights are only available to citizens?
15, 16, 19, 29 and 30
40
which offices under the consti can only be occupied by the citizens?
president
vice president
judges of SC and HC
attorney general
advocate general of state
governor
41
which article expressely confers power on the parliament to enact a law related to the citizenship and what act did it result into
article 11 and indian citizenship act 1955
42
article 5
citizenship by domicile
two critierions:
1. he was born in india
2.either of his parents were born in india
3. resided in india for the past 5 years
43
article 5
citizenship by domicile
two critierions:
1. he was born in india
2.either of his parents were born in india
3. resided in india for the past 5 years
44
pradeep jain v. uoi
only domicile of india is recognized by our consti, not the domicile of a state
45
article 6
persons who have migrated from pakistan to india
46
article 6 contents
compulsory condition - parents born in india
1. migrated to india before 19th july 1948 - has been residing in india ever since
2. migrated to india post 19th july 1948 - has been registered as citizen of india by an officer appt by the govt
application to be made - post six months of him living here in india
47
article 7
person shall not be citizen of india if he migrates to pakistan after 1st march, 1947
exception - ppl who come back to india on the basis of permit
48
fundamental righst which country
usa - bill of rights
49
maneka gandhi v. uoi
fundamental rights article 21
50
m nagraj v. uoi
fundamental rights are beyond the constitution. the consti merely recognises their existence
51
maneka gandhi v. uoi
widest interpretation to part III of the consti
law violating article 21 should also satisfy the test of reasonableness under article 14 and 19 of the consti
52
AK Gopalan
articles were mutually exclusive
overturned in maneka gandhi
53
which article of the international covalent on civil and political rights provides that all person deprived of their Liberty shall be treated with humanity and with respect for the inherent dignity of human persons
art 10
54
which article of the international covalent on civil and political rights provides that all person deprived of their Liberty shall be treated with humanity and with respect for the inherent dignity of human persons
art 10
55
in which year did India become party to the international covement on civil and political rights
1979
56
the term police power is used in which jurisprudence
america
57
which article provides that when the proclamation of emergency is made by the president the freedom guaranteed by article 19 or automatically suspended and will continue to be so for the period of emergency
art 358
58
under which article is national emergency proclaimed
352
59
which article empires are President to suspend the right to move to any Court for the enforcement of right confort by part 3 of the constitution accept articles 20 and 21
359
60
which amendment abolished the right to property as a fundamental right
44
61
which amendment abolished the right to property as a fundamental right
44
62
which articles were omitted as a result of the 44th amendment
19(1)(f) and 31
63
what is included in the definition of state as per article 12
Government and parliament of India
government under the legislative assembly of the state
local and other authorities within the territory of India
local another authorities under the control of the Government of India
64
other authorities under art 12 list of cases
1. university of madras v. shanta bai - bodies exercising sovereign and govt functions (bcs of ejusdem generis)
2. ujjambai v. state of UP - rejected overturned shanta bai
3. electricity board rajasthan v. mohan lal - all authorities created by consti or on whom power is conferred by a statute
4. sukhdev singh v. bhagatram - LIC, ONGC, IFC are all state within other authorities + body to be agency or instrumentality of state
5. RD Shetty v. international airport authority of india - upheld agency and instrumentality of the state test
65
# fundamental rights
whether a government company is a state under article 12
som prakash v. UOI - govt company is a state
66
# fundamental rights
whether a registered society fell under the definition of a state
ajay hasia v. khalid mujib - yes, provided it is an agency and instrumentality of the state
67
# fundamental rights
objective of art 13
uphold the paramountacy of the consti
68
# fundamental rights
which art provides for the power of judicial review
art 13
69
# fundamental rights
is article 13 retrospective in nature?
art 13 is prospective in nature - meaning that the laws are not void ab initio and are invalid only after the commencement of the constitution. all past acts are valid transactions.
70
are acts immediately before the commencement of the consti automatically valid or a declaration by the court is required to make it invalid
court needs to declare the past act invalid
71
keshavan madhavan menon v. state of bombay
art 13 - past acts will be prosecuted doesn't matter if act is in contravention to part 3, if an act has been committed in the past.
72
doctrine of severability
article 13 - to the extent of such inconsistency
73
doctrine of severability
Nordenfelt v. Maxim Nordenfelt Guns and Ammunition Company Ltd.
74
landmark judgements of doctrine of severability
1. ak gopalan v. state of madras
2. state of bombay v. FN balsara
75
doctrine of eclipse
a law immediately before the commencement of the consti which is violative of a FR does not become nullity it only becomes dormant and is overshadowed by the FR.
76
landmark judgements of doctrine of eclipse
1. deep chand v. state of UP - a post consti law contravening the FR is void ab initio
2. mahnedra lal jain v. state of UP - upheld deep chand v. state of UP
2. state of gujarat v. ambica mills - modified its view in deep chand and held that it is not a nullity for all purposes and in all cases
77
doctrine of waiver
a citizen cannot waive his fundamental right
78
doctrine of lifting the veil
to ascertain whether an act is inconsistent with the FR, the court can lift the veil to look at the history, purpose object, the mischief to be remedied.
79
