day 2 part 1: value addition to federal system and amendment of the constitution with basic structure

Question 1

the supremacy of the constitution which is a basic structure is indestructible according to whose interpretation

Answer 1

indestructible as laid out by the judiciary

Question 2

fyenman
federal features of the consti?

Answer 2

supremacy of consti
independent judiciary
written constitution
rigid consti
bicameralism

Question 3

fyenman
unitary features of the consti?

Answer 3

flexibility of consti
more powers with the centre
unequal rep of states in rs
executive is part of leg
ls is more powerful than rs
emergency powers
integrated judiciary
single citizenship
governor’s appointment
new states formation
all india services
integrated election machinery
veto over state bills
integrated audit machinery with cag
power to remove key officials
single consti for centre and state

Question 4

how is executive being a part of legis a unitary feature

Answer 4

against separation of powers

Question 5

how is single citizenship a unitary feat

Answer 5

only indian citizenship
no state citizenship like in usa

Question 6

is Lok Sabha represents india as a whole
what does RS represent

Answer 6

states of indian federation

Question 7

consti being rigid meaning?

Answer 7

amendment with special majority

Question 8

consti being flexible meaning?

Answer 8

amendment with simple majority

Question 9

basic feature principle first expounded in which case
imp

Answer 9

sajjan singh vs state of rajasthan
1964

Question 10

jo yaad nahi rahte wo basic features likh raha
thoda bol lena baar baar

Answer 10

welfare state (socio economic justice)
freedom of dignity of individual
harmony and balance between FRs and DPSPs
limited power of parliament to amend the consti (duh!)
effective access to justice
principle of reasonableness
powers of sc

Question 11

powers of sc which are basic structure of which 4 articles mentioned

Answer 11

32
136
141
142

Question 12

art 32? fyenman

Answer 12

constitutional remedy

Question 13

art 136? fyenman

Answer 13

discretionary power of sc to allow special leave petitions

Question 14

art 141? fyenman

Answer 14

sc law is binding on all courts in indian territory

very imp

Question 15

art 142? fyenman

Answer 15

sc
decree as necessary
for complete justice in matter pending

achche se samjho ise

Question 16

first time amending powers ko chheda sc ne kab?

Answer 16

shankari prasad case 1951

bola mast amend karo nehru sahab

Question 17

sajjan singh case 1965
in whose favour

Answer 17

govt
can amend everything even fr

Question 18

golakhnath case 1967
how to amend FR acc to sc?

Answer 18

funnily
it would required a new constituent assembly

Question 19

golakhnatch 1967

sc stance on 368 power for govt

Answer 19

art 368 gives method for amendment
not powers to govt

Question 20

when was ign vs raj narain case

Answer 20

1975

Question 21

which clause made by which amendment struck down by ign vs raj narain case of 75?

important

Answer 21

clause 4 of art 329A which was added by 39th caa 1975

Question 22

what was the nullified clause 4 of 329A by 39th caa

Answer 22

vp and the pm and speaker ke elections are beyond sc

Question 23

constitution, and not the parliament that is supreme

sc said in which case?

Answer 23

minnerva mills 1980

Question 24

new basic structures added by minnerva mills case?

Answer 24

judicial review and balance between FR and DPSP and limited amending power of parliament

Question 25

in which case was the line of 9th schedule judicial review was marked as 24 apr 1973?

Answer 25

waman rao case of 1981

Question 26

how many changes from 42nd caa did minerva mills case of 1980 strike down

Answer 26

2

Question 27

in which case rule of law added as basic structure

Answer 27

indra sawhney vs union of india 1992

Question 28

indiara sawhney case 1992 related to?

Answer 28

obc 27% reservation ko thik mana

quota should not exceed 50%

Question 29

in which case basic structure doctrine used even without constitutional amendment

Answer 29

sr bommai case of 1994

Question 30

sr bommai case 1994 about what

Answer 30

misuse of art 356: president’s rule in state

Question 31

what did sr bommai case sc declare regarding state policies

Answer 31

policies of state govt directed against an element of basic structure can also be valid ground for action against them acc to 356

Question 32

3 types of amendments

Answer 32

by simple majority
by special majority
by special majority of parliament and consent by atleast half the states

Question 33

93rd and 103rd caa?

Answer 33

for obs reservation
for ews reservation

Question 34

can a private member introduce a constitutional amendment bill

Answer 34

yes!!
who is a member and not a minister of in the house

Question 35

president’s permission before caa bill introduction?

Answer 35

No permission req

Question 36

provision for joint sitting of houses for caa bills?

Answer 36

no provisions
joint sitting only for ordinary bills

Question 37

which amendment made binding on pres to give assent to caa bill

Answer 37

24th of 1971

Question 38

time limit on caa bill that requires half the states to give assent

Answer 38

no time limit

Question 39

caa bills which need consent of half the states

teach fyenman
imp

Answer 39

1 election of president and its manner
2 extent of the executive powers of centre and state
3 sc and hc
4 dist of legis powers betn union and state
5 any of list of 7th sch
6 representation of states in parliament
7 power of parliament to amend const (i.e. art 368 itself)

Question 40

process of amendment trick

Answer 40

SLAAC

sepcial majority
legislative ratification (matlab state ka consent)
assent by pres
addition to the consti
challenge in court

Question 41

where is caa published

Answer 41

after assent in gazette of india

Question 42

process of amendment taken from which country

Answer 42

south africa