Miscellaneous Set 1 Flashcards
Which act made the first attempt to introduce a representative and popular element in the governance of India?
The Indian Councils Act 1909,
commonly known as the Morley-Minto or Minto-Morley Reforms,
was an Act of the Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the governance of British India
The Indian Councils Act 1909,
commonly known as?
Morley-Minto Reforms
The System of Dyarchy was introduced by
the Government of India Act (1919)
introduced as a constitutional reform by Edwin Samuel Montagu (secretary of state for India, 1917–22) and Lord Chelmsford (viceroy of India, 1916–21).
Dyarchy, also spelled diarchy, the system of double government introduced by the Government of India Act (1919) for the provinces of British India. It marked the first introduction of the democratic principle into the executive branch of the British administration of India. Though much-criticized, it signified a breakthrough in the British Indian government and was the forerunner of India’s full provincial autonomy (1935) and independence (1947). Dyarchy was introduced as a constitutional reform by Edwin Samuel Montagu (secretary of state for India, 1917–22) and Lord Chelmsford (viceroy of India, 1916–21).
Govt of India Act, 1919 also known as
Montague-Chelmsford Reforms act
introduced as a constitutional reform by Edwin Samuel Montagu (secretary of state for India, 1917–22) and Lord Chelmsford (viceroy of India, 1916–21).
Which act gave a separate representation to the Muslims during the British rule?
Indian Councils Act, 1909
The System of Communal electorate was introduced by
Indian Councils Act, 1909
Who was the advisor to the constituent assembly?
B.N. Rao
Who acclaimed that the Indian Constitution has been framed after ransacking all the known constitution of the world?
Ambedkar
The words ‘except according to the procedure established by law’ in article 21 were borrowed from?
Japanese Constitution
The preamble was prepared by
Pandit Jawaharlal Nehru
From which constitution was the concept of a 5-year plan borrowed?
the USSR
Who administered the oath to Pdt. Jawaharlal Nehru?
Lord Mountbatten
Which committee initially suggested two categories of rights: one justifiable (fundamental rights) and the other in the form of DPSP should be regarded as fundamental in the governance of country?
Sapru Committee
Who advised the framers of the Constitution to eliminate the original Due Process Clause of the American Constitution?
Justice Felix Frankfurter of the U.S. Supreme Court advised one of the chief architects of India’s Constitution, Sir Benegal Narsing Rau, to delete the words “due process of law”
The National Calendar was adopted on
22 March 1957
The national calendar based on the Saka Era, with Chaitra as its first month and a normal year of 365 days was adopted from 22 March 1957 along with the Gregorian calendar for the following official purposes: Gazette of India. News broadcast by All India Radio. Calendars issued by the Government of India
Who defined Preamble of Constitution as an Identity card of the constitution?
Palkhiwala
which constitution is called lawyers paradise and why
Criticism against the Indian Constitution because of its length and elaborate legal language is that it is “A Lawyers’ Paradise”. … They have made the constitution not only long but also extremely complicated. Ivor Jennings has described our constitution as a ‘lawyer’s paradise’.
Who said that ‘Preamble’ as “ the horoscope of our sovereign democratic republic”?
Horoscope of Indian Constitution (by KM Munshi),
Soul of the Constitution (by Thakurdas Bhargav)
and identity card of the constitution (by NA Palkhiwala).
which article was repealed by the constitutional 36 Amendment Act 1975?
Remove article 2A.
Formation of Sikkim as a State within the Indian Union.
India had extended the ‘exclusive economic zone’ of India up to a distance of ____ nautical miles into the sea from share baseline after the 40th amendment act, 1956?
200
40th amendment act, 1956
Enable Parliament to make laws with respect to the Exclusive Economic Zone and vest the mineral wealth with the Union of India.
An exclusive economic zone (EEZ) is a sea zone prescribed by the 1982 United Nations Convention on the Law of the Sea over which a state has special rights regarding the exploration and use of marine resources, including energy production from water and wind.[1] It stretches from the baseline out to 200 nautical miles (nmi) from its coast.
which article of the Constitution of India deals with formation of new states and alteration of names of existing states?
Article 3
which article of the Constitution of India defines the word domicile?
Article 5.
Sonia Gandhi acquired Indian citizenship by
By registration
what was introduced by citizenship Amendment Act 2005?
Overseas citizenship
foreigner can acquire Indian citizenship by applying to the government. this mode of acquiring citizenship is called?
Citizenship of India by naturalization
Overseas citizenship of India scheme came into force on
It was introduced by The Citizenship (Amendment) Act, 2005 in August 2005
when a part of the statue is declared unconstitutional depending provisions can be separated from the constitutinal part this doctrine is called?
doctrine of severability
The doctrine of severability means that a law is void only “to the extent of the inconsistency or contravention” with the relevant Fundamental Right according to Article 13 of the Indian Constitution.
What is meant by the doctrine of eclipse?
The doctrine of eclipse means that an existing law inconsistent with a Fundamental Right, though becomes inoperative from the date of the commencement
What is a ‘doctrine of waiver’?
Doctrine of Waiver says that Fundamental Rights are not absolute and are subject to certain reasonable restrictions and hence an individual cannot chose to get his fundamental rights waived, relinquished or abandoned.
The doctrine of Repugnancy essentially deals with
the conflict between the laws of Centre and State
What is doctrine of stare decisis?
a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. … Simply put, it binds courts to follow legal precedents set by previous decisions.
Stare decisis is a Latin term meaning “to stand by that which is decided.”
who among the following judges propounded the basic structure Doctrine in the kesavananda Bharati case 1973?
Chief Justice Sarv Mittra Sikri,
Justice Hans Raj Khanna’s
the concept of ‘equality before law’ is derived from the concept of ‘rule of law’ which was propounded by
Dicey
A. V. Dicey, was a British Whig jurist and constitutional theorist.
which government appointed The Mandal Commission to suggest the measures to advancement of backward classes?
the Janata Party government under Prime Minister Morarji Desai
The Mandal Commission, or the Socially and Educationally Backward Classes Commission (SEBC), was established in India on 1 January 1979 by the Janata Party government under Prime Minister Morarji Desai with a mandate to “identify the socially or educationally backward classes” of India.
which articles were introduced by the constitution first Amendment Act 1951
Article 15(4) says that, Article 15 shall not prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
article 15(3) reservation for woman & childhren was suitably amplified
It provided against abuse of freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide “special consideration” for weaker sections of society.
“Romesh Thappar vs The State Of Madras” leads to
provision limiting Article 19(1)(a) of Constitution of India against “abuse of freedom of speech and expression”
In 1950, a leftist weekly journal in English, Cross Roads, published by Romesh Thapar was banned by the Madras State for publishing critical views on Nehruvian policy, who petitioned the Supreme Court, which led to the landmark judgment in “Romesh Thappar vs The State Of Madras” on 26 May 1950.
which article was introduced by the constitutional 93rd amendment act 2005?
article 15 (5)
Article 15(5) moves a step ahead and empowers the country to make reservations with regard to admissions into educational institutions both privately run and those that are aided or not aided by the government. From this rule only the minority run institutions such as the Madarsas are exempted.
in which cases the question regarding reservation is considered by the supreme court for the first time
(State of Madras Vs. Smt. Champakam Dorairanjan AIR 1951 SC 226)
Court ruled that caste-based reservations as per Communal Award violate Article 15(1).
1st constitutional amendment (Art. 15 (4)) introduced to make judgment invalid.
Indira Sawhney & Ors v. Union of India. AIR 1993 SC 477: 1992 Supp (3) SCC 217 related to?
that reservation of appointments or posts under Article 16(4) included promotions
It was over ruled by SC and held that Reservations cannot be applied in promotions.
77th Constitution amendment (Art 16(4 A) & (16 4B) introduced to make a judgement as invalid.
M. Nagraj & Ors v. Union of India and Ors. AIR 2007 SC 71 held the amendments constitutional. 1. Art. 16(4)(A) and 16(4)(B) flow from Art. 16(4)
which article was omitted by the constitutional 44th Amendment Act 1978
the right to property accorded to every citizen in Article 19(1)(f) and Article 31
a law that retroactively changes the legal consequences of the actions committed or relationship that existed prior to the enactment of the law is called
An ex post facto law
(corrupted from Latin: ex postfacto, lit. ‘out of the aftermath’) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. … Such legal changes are also known by the Latin term in mitius.
Amnesty Law
a form of ex post facto law which decriminalize certain acts.
(Alternatively, rather than redefining the relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered
which of the following is the leading case right against self incrimination and testimonial compulsion
State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808: (1962) 3 SCR 10.
which was the first case in which compensation was awarded for the violation of article 21
Rudul Sah v. State of Bihar, (1983) 4 SCC 141
Mithu vs. State of Punjab is landmark case in SC held that _____punishment is voilative of?
Capital Punishment is voilative of Article 21
The Supreme Court in Mithu vs. State of Punjab struck down Section 303 of the Indian Penal Code, which provided for a mandatory death sentence for offenders who committed murder whilst serving a life sentence.[
What is Maneka Gandhi vs Union of India? Why is it a landmark case?
It was finally held by the court that the right to travel and go outside the country is included in the right to personal liberty guaranteed under Article 21. The Court ruled that the mere existence of an enabling law was not enough to restrain personal liberty. Such a law must also be “just, fair and reasonable”.
This case is a landmark judgement which played the most significant role towards the transformation of the judicial view on Article 21 of the Constitution of India so as to imply many more fundamental rights from article 21.
This case is always read and linked with A.K. Gopalan v. State of Madras case, because this case revolves around the concept of“personal liberty” which first came up for consideration in the A.K. Gopalan’s case.
JUDGES INVOLVED IN THE CASE-
This case was decided by a 7-judge bench of the Supreme Court in 1978.
The judges involved in the case were-
M.H. Beg, C.J. P.N. Bhagwati. Y.V. Chandrachud. V.R. Krishna Iyer. N.L. Untwalia. P.S. Kai asam. S. Murtaza Fazal Ali. FACTS OF THE CASE–
The factual summary of this case is as follows-
Maneka Gandhi was issued a passport on 1/06/1976 under the Passport Act 1967. The regional passport officer, New Delhi, issued a letter dated 2/7/1977 addressed to Maneka Gandhi, in which she was asked to surrender her passport under section 10(3)(c)of the Act in public interest, within 7 days from the date of receipt of the letter.
Maneka Gandhi immediately wrote a letter to the Regional Passport officer, New Delhi seeking in return a copy of the statement of reasons for such order. However, the government of India, Ministry of External Affairs refused to produce any such reason in the interest of general public.
Later, a writ petitionwas filed by Maneka Gandhi under Article 32 of the Constitution in the Supreme Court challenging the order of the government of India as violating her fundamental rights guaranteed under Article 21 of the Constitution.
ISSUES OF THE CASE–
The main issues of this case were as follows-
Whether right to go Abroad is a part of right to personal liberty under Article 21.
Whether the Passport Act prescribes a ‘procedure’ as required by Article 21 before depriving a person from the right guaranteed under the said article.
Whether section 10(3)(c) of the Passport Act is violative of Article 14,19(1) (a) and 21of the constitution.
Whether the impugned order of the Regional passport officer is in contravention of the principle of natural justice.
JUDGEMNT OF TEH CASE–
To the extent to which section 10(3)(c) of the Passport Act, 1967 authorises the passport authority to impound a passport “in the interest of the general public”, it is violative of Article 14 of the Constitution since it confers vague and undefined power on the passport authority. Section 10(3)(c) is void as conferring an arbitrary power since it does not provide for a hearing to the holder of the passport before the passport is impounded. Section 10(3)(c) is violative of Article 21 of the Constitution since it does not prescribe ‘procedure’ within the meaning of that article and the procedure practiced is worst. Section 10(3)(c) is against Articles 19(1)(a) and 19(1)(g) since it permits restrictions to be imposed on the rights guaranteed by these articles even though such restrictions cannot be imposed under articles 19(2) and 19(6). A new doctrine of post decisional theory was evolved. One of the significant interpretation in this case is the discovery of inter connections between the three Articles- Article 14, 19 and 21. This a law which prescribes a procedure for depriving a person of “personal liberty” has to fulfill the requirements of Articles 14 and 19 also.
due process of law vs procedure established by law
The difference between “due process of law” and “procedure established by law” is thatunder the American system, a law must satisfy the criteria of a liberal democracy. In India”procedure established by law”, on the other hand, means a law duly enacted is valid even if it’s contrary to principles of justice and equity.
right to life does not include right to die it has been held in case of
State v. Sanjay Kumar Bhatia
the Delhi High Court criticized section 309 of IPC as an ‘anachronism and a paradox’
P. Rathinam v. Union of India relates to?
Euthanasia
section 309 was held to be irrational and deserves to be effaced from the statute book to humanize our penal laws. It attempts to doubly punishing the man who is in tremendous pain and would be undergoing ignominy because of failure to commit suicide.
Soon, this was also overruled in the case of Gian Kaur v. the State of Punjab and it was held that the right to life does not include the right to die or the right to be killed.
on 9th March 2018 in the case of Common Cause (A Registered Society) v. Union of India a five-judge bench of the Supreme Court recognized and gave sanction to passive euthanasia and living will/ advance directive. The implication of this is that from now Right to Die with Dignity is a Fundamental Right.
capital punishment is not violative of Article 21 of the Constitution of India has been held in the case of
Bachan Singh v. State of Punjab
right of the state to deprive a person of his life in accordance with just, fair and reasonable procedure established by valid law.
Bonded Labour act 1976 was passed the legislature inspired by:
Article 23
the word Hindu referred in article 25 of the Constitution of India includes
Article 25 (2b) uses the term “Hindus” for all classes and sections of Hindus, Jains, Buddhists, and Sikhs. Sikhs and Buddhists objected to this wording that makes many Hindu personal laws applicable to them. However, the same article also guarantees the right of members of the Sikh faith to bear a Kirpan.
Protection of interest of minorities is described in Article____ of the constitution
29
DPSP are the conscience of the constitution which embody the social philosophy of Constitution was described by
Granville Austin.
Whereas BR Ambedkar described the directive principle as NOVEL FEATURES of the Indian constitution. Directive Principle of State Policy is the conscience of the Constitution that embodies the social philosophy of the Constitution” was said by Granville Austin.
Gandhian principles have been enumerated in the _______________ .
DPSP
The Gandhian principles are incorporated in the Constitution based on the socio-economic program enunciated by Mahatma Gandhi during the long-drawn freedom struggle. Important principles are the following:
Article 40: Organization of village Panchayats;
Article 43: Promotion of cottage industries;
Article 46: Promotion and protection of interests of educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation;
Article 47: Prohibition of consumption of intoxicating drinks and drugs which are injurious to health;
Article 48: Prohibition of slaughter of cows, calves and other milch and draught cattle and to improve their breeds.
who said the principles Directive Principles should be made the basis of all future legislation
Dr Bhimrao Ambedkar
separation of Judiciary from the executive has been provided in which of the following article of Indian Constitution
Article 50
equal justice and free Legal Aid the directive principle mentioned in
Article 39A
equal pay for equal work for both men and women has been laid down in the Indian Constitution in which article?
Article 39d
provision for just and humane conditions of work and maternity leave in the directive principles mentioned in which article
Article 42:
how many Directive Principles were added by the 42nd amendment of 1976
3
The 42nd Amendment added new Directive Principles, viz Article 39A, Article 43A and Article 48A.
The 42nd Amendment gave primacy to the Directive Principles, by stating that “no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights”.
The 43rd and 44th Amendments repealed the 42nd Amendment’s provision that Directive Principles take precedence over Fundamental Rights, and also curbed Parliament’s power to legislate against “anti-national activities”
The supremacy of dpsp over fundamental rights provided in which amendment
The 42nd Amendment
gave primacy to the Directive Principles, by stating that “no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights”.
The 43rd and 44th Amendments repealed the 42nd Amendment’s provision that Directive Principles take precedence over Fundamental Rights, and also curbed Parliament’s power to legislate against “anti-national activities”
which article requires the participation of workers in the management of industries
article 43a
provides that the state shall take steps by suitable legislation or in any other way to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.
the Doctrine to promote international peace and security is mentioned in which article of DPSP?
Article 51
after_________________article 45 of the constitution include childhood care and education to children below 6 years
86th amendment, 2002
under which part had the fundamental duties are mentioned in the constitution?
Part IV-A
how many fundamental duties are there in article 51a when it was introduced
10 Fundamental Duties
which fundamental duty was introduced by the 86th amendment act?
article 45 of the constitution include childhood care and education to children below 6 years
The 86th CAA added a fundamental duty which state that every citizen “who is a parent or guardian, to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years”. These are moral obligations on the citizens of the country and are non-justiciable.
the post of President of India is analogous to
The Queen of UK
which articles deal with the procedure of electing the president of India
Article 54-55
a person qualified for the election as a member of _____can become the President of India?
House of People (Lok Sabha)
the nomination of candidates for the election to the office of president was proposed by at least how many electors?
at least 50 electors as proposers and 50 electors as seconders
every candidate for the election of the office of vice president must deposit an amount ________as a security deposit
₹15,000
which articles of the Constitution of India deals with Gram Sabha?
Article 243A
which article contains the forms of oaths/affirmations to subscribe by the president of India before entering into office?
article 60
the Ashok Mehta committee recommended the
The 3-tier system of Panchayati Raj should be replaced by the 2-tier system:
Zilla Parishad at the district level, and below it, the Mandal Panchayat consisting of a group of villages covering a population of 15000 to 20000. … The Nyaya Panchayats should be kept as separate bodies from that of development Panchayats.
which part of the Indian constitution deals with the municipalities
Part 9A, & Schedule 12
Municipalities. Under the Indian Constitution 74th Amendment Act, 1992 has introduced a new Part 9A in the Constitution, which deals with Municipalities in an article 243P to 243 ZG. This amendment, also known as Nagarpalika Act, came into force on 1st June 1993.
Who among the following does not find mention in the 2nd schedule of the Indian Constitution?
Prime Minister.
Chief Ministers of states.
Attorney General.
Advocate General.
Ans = All of the above.
Manipur Speaker Yumnam Khemchand on Saturday disqualified (a)_______ as a member of the Assembly for defection to the (b)_______. Mr. Shyamkumar was elected as a Congress candidate in 2017, from the 7-Andro constituency.
(a) Thounaojam Shyamkumar
(b) BJP
does Indian President have any judicial powers?
Yes
He appoints chief Justice and the judges of Supreme Court and high courts.
He can seek advice from the supreme court on any question of law or fact .
However ,the advice tendered by the Supreme Court is not binding on the President.
He can grant pardon ,reprieve ,respite and remission of punishment ,or suspend ,remit or commute the sentence of any person convicted of amy offence:
In all cases where thr punishment or sentence is by a court material.
In all cases where the punishment or sentence is for an offence against a Union law ;and
In all cases where the sentence is a sentence of death
the only instance when the president of India exercise is the power of veto is related to?
Indian Post Office (Amendment) Bill.
In 1986 President Zail Singh exercised the pocket veto with respect to the Indian Post Office (Amendment) Bill. This bill intended to impose restrictions on the freedom of the press.
if the office of president Falls vacant except due to the expiry of his term is to be filled within?
6 months
which article deals with the pardoning powers of the president of India?
Article 72
which article declares that there shall be a Vice President of India?
Article 63
which article deals with the procedure of electing the vice president of India?
Article 66
the nomination of candidates for election to the office of vice president must be proposed by at least?
20 electors and 20 seconders
the resolution to remove Vice President of India can be moved in?
Rajya Sabha
(Article 67(b))
The Constitution states that the Vice President can be removed by a resolution of the Rajya Sabha passed by an effective majority (i.e., majority of all the then member of the house ) and agreed by the Lok Sabha with simple majority (Article 67(b)).
article 361 guarantees the privilege to President of India that he shall
Not be answerable to any court during the term of his office
article 74 (1) provides that
There shall be a Council of Ministers
with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice
The principle of collective responsibility has been held in which article?
Article 75(3)
according to which article the ministers shall hold office during the pleasure of the president?
Article 75
the tenure of the council of minister lasts
As long as it enjoys the support of the majority of members of Parliament
who appoints the speaker of the pro term of Lok Sabha
The President
anti-defection law is not applicable to whom?
Speaker
is the speaker of Lok Sabha intends to vacate his office before the expiry of the term he sends his resignation to whom?
Deputy Speaker of Lok Sabha
Who is the current deputy speaker of India?
M. Thambi Durai
in order to be the official leader of opposition in Lok Sabha, his party should have at least_____of the total strength of the house
10%
adjournment motion should be supported by not less than_____members of house
50
in which article the qualification of membership of parliament is provided?
article 84
the quorum to constitute a meeting of houses of parliament is mentioned in which article
Article 100
the speaker vote in Lok Sabha is called
Casting vote.
A casting vote is a vote given to the presiding officer of a council or legislative body to resolve a deadlock and which can be exercised only when such a deadlock exists.
in which session the President shall address the parliament?
According to Article 87 of the Constitution, the President is required to address a joint session of Parliament at the beginning of the session after each Lok Sabha election
The President also addresses a joint sitting of the Lok Sabha and the Rajya Sabha in the first session of Parliament every year.
which article provides a casting vote to the speaker in case of an equality of votes?
Article 100
which article deals with the disqualification of members of Parliament?
Article 102
Article 103(1) says that if any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of Article 102, the question shall be referred for the decision of the President and his decision shall be final.
If any questions arise as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of Article 102, the question shall be referred for the decision of the
The President
Article 103(1) says that if any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of Article 102, the question shall be referred for the decision of the President and his decision shall be final.
Rajya Sabha enjoys more power than Lok Sabha in case of
Setting up of new All India Services
powers privileges and immunities of Parliament and its members are provided under
article 105
which article of the constitution of India has the joint sitting of Lok Sabha and Rajya Sabha been provided?
Article 108
which article of the constitution disqualifies the holders of ‘office of profit’ from the member of parliament?
Article 102 (1) (a)
a money bill is defined in which article?
Article 110
an ordinance promulgated shall be laid before both houses of parliament and shall cease to exist at the expiration of _______ weeks from the reassembly of Parliament
6
The Contingency Fund of the state is operated by
The Governor
how many representatives of the Anglo Indian community can be nominated to state legislative assembly by the governor?
1
How many members the governor of a state nominates to the Legislative Council?
1/6th of its members
Protection of publication of proceedings of Parliament and State Legislatures is provided under
(Protection of Publication) Act, 1977
Panchayati Raj was first introduced in
2 Oct 1959
The Panchayat Raj system was first adopted by the state of Rajasthan
Who is the father of Panchayati Raj?
Balwant Rai Mehta
He is best known as second Chief Minister of Gujarat. Balwant Rai Mehta was a parliamentarian when the committee was established. He is credited for pioneering the concept the Panchayati Raj in India and also known as Father of Panchayati Raj in India.
which is the Apex body in Panchayati Raj system?
Zila Parishad
What is the lowest unit of the Panchayati Raj system?
Gram Sabha
which articles in the constitution deals with village panchayats
Article 40
which of the following system of Panchayati Raj was suggested by Balwant Rai Mehta committee
: Establishment of a 3-tier Panchayati Raj system -
Gram Panchayat at the village level,
Panchayat Samiti at the block level,
and District Parishad at the district level.
generally, the legislative council of a state is created or abolished on the recommendation of the?
Legislative Assemblies
Under Article 169 of the Indian constitution, Parliament may create or abolish the Council in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.
constitutional safeguards to the Civil servants are provided in which article
Article 311
Who is the current chairman of national water resources Council
PM of India
the governor of a state has no power to
a) Prorogue Assembly
b) Dissolve Assembly
c) Adjourn Assembly
d) Summon Assembly
c) Adjourn Assembly
which article of the Indian constitution deals with the appellate jurisdiction of the Supreme Court in connection with civil and criminal cases?
Article 133 read with Article 134
Article 133: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
Article 134: Appellate jurisdiction of Supreme Court in regard to criminal matters
under which article the Supreme Court has given power to review any judgement pronounced or order made by it previously?
Article 137
Article 137 of the Constitution of India, 1950, provides that subject to provisions of any law and rules made under Article 145, the Supreme Court has the power to review any judgment pronounced or order made by it. Under Supreme Court Rules, 1966 such a petition is to be filed within thirty days from the date of judgment or order and as far as practicable; it is to be circulated, without oral arguments, to the same Bench of Judges who delivered the judgment or order sought to be reviewed.
which article incorporates ‘doctrine of precedent’?
Article 141
The doctrine of precedent is expressly incorporated in India by Article 141 of the Constitution of India, 1950. Article 141 provides that the decisions of the Supreme Court are binding on all courts within the territory of India.
according to article ________the supreme court is a court of record
Article 129
the number of judges of the Supreme Court was increased by the Parliament for the first time in
1956
As the work of the Court increased and cases began to accumulate, Parliament increased the number of judges (including the Chief Justice) from the original 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, to 34 in 2019.
in which case the president had made his first reference to the Supreme Court for its advisory opinion (under article 143)?
The re Delhi Laws Act is a landmark judgment of the 7 Judge Bench of the Supreme Court
how many times the President of India made references to Supreme court under its advisory jurisdiction so far?
14
which article of the constitution provides for the appointment of Ad Hoc judges
Article 127
Article 127 of the Constitution of India provides for the appointment of an ad hoc(temporary) judge in the supreme court by the Chief Justice of India if there is a lack in a quorum(minimum number) of the Permanent judges in Supreme court.
the high court in each state consists of Chief Justice and___?
Such other judges as may be decided by President
which articles relate to the Highcourt relates to the high court’s power of superintendence or inferior courts and tribunals?
Article 227
determines that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction (except a court formed under a law related to armed forces)
the rules for regulating the practice and procedure of the Supreme court under article 145 made by
Supreme Court with the approval of President of India
by which amendment the clause related to all India judicial service was incorporated in article 312?
The Constitution (Forty-second Amendment) Act 1976
inserted an “all-India judicial services” provision into Article 312 that lays down the legal ground for the creation of All-India Services
the retirement age of a member of SPSC is
62 years
UPSC- 65 years
which is the largest committee of Indian Parliament?
Estimates Committee
The Estimates Committee is the largest parliamentary committee, consisting of 30 members who are elected by the Lok Sabha every year from amongst its members.
the annual report of UPSC is submitted to
the President of India
UPSC submits its annual report to the President of India, who further sends it to the Parliament for discussion.
Which article of the constitution provides for an election commission?
Article 324
Part XV
in which article the word Judicial review is mentioned?
Article 226
which part of the Constitution deals with amendment procedure?
Part XX
Article 368
that deals with the amendment of the Constitution. As per this article, Parliament may add, amend or repeal any provision of the constitution as per the procedure laid down for this purpose
which article says that the cabinet members shall not exceed 15% of the Parliament?
Article 75
Size of Council of Ministers - After the 1989 defeat of Congress, the first National Front government was formed by a coalition of Janata Dal and other local parties with outside support of Left and the BJP. This was a minority government under VP Singh. For the period from 1989 onwards the number of ministers were on the discretion of the Prime Minister and were done to placate the allies. Ministries were split into individual functions so that Ministers could be given their own fiefdoms to run. This also increased the power and stature of individual leaders and could lead to unstable governments and too many important people in the government to cater to. To resolve this, 91st Amendment introduced in 2003-04, capped the upper level of Ministers to 15% of the strength of the “popular house of the legislature” implying LS in case of Parliament and Vidhan Sabha in case of states. Exceptions were given for smaller legislature of Goa, Sikkim & Mizoram. This too was on a higher side compared to the recommendation of National Committee to Review the Working of the Constitution (NCRWC) of max 10%. I feel that even the 10% was higher but 15% is too much given that only 272 MPs are needed to form the government, which means that at the maximum possible there would be 1/3 of the government in the driving seat.
Anti-Defection Law - The anti-defection law was enacted in 1985 by the Rajiv Gandhi government and the intention was to remove horse trading and poaching of legislators by the parties. The law basically states that if a legislator elected on one party’s ticket, resigns and moves to another party, his election will be nullified and he has to seek fresh elections on another party’s ticket. However, if 1/3 of the party members left the party it did not qualify as defection. For smaller parties in the parliament, this was still a problem because smaller numbers of party members could still be poached by other parties without invoking the Anti-Defection law. To strengthen the Anti-defection law, this limit was increased from 1/3 to 2/3 members of the party in the 91st Amendment, thus making it more difficult for individuals and factions within the party to defect.
the first Constitutional Amendment was challenged in case of
Shankari Prasad vs. Union of India
The First Constitution Amendment Act, 1951 was challenged in the Shankari Prasad vs. Union of India case. The amendment was challenged on the ground that it violates the Part-III of the constitution and therefore, should be considered invalid
what was the original voting age in the constitution before the 61st amendment
21 years
by which amendment was the education transferred from Union list to concurrent list?
42nd Amendment 1976
by which amendment the advice of the council of the minister made binding on the president?
42nd Amendment 1976
Before the 42nd amendment, Article 74(1) stated that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions”. However, there was a slight ambiguity about whether the advice of the Council of Ministers is binding on the President.
(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advises. (The bolded text was added in by the Forty-second Amendment of the Constitution of India and came into effect on 3 January 1977.[1])
Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advises tendered after such reconsideration. (This para is added by the Forty-fourth Amendment of the Constitution of India in the year 1978)
(2) The question if any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
Bodo Dogri Maithili and Santhali have been included in the 8th schedule of the Constitution by which amendment?
92nd Amendment Act of 2003
the number of articles that were amended under the 42nd amendment?
53
which amendment of the constitution of India provides for National Commission for Scheduled caste and Scheduled tribes separately?
89th Constitutional Amendment Act, 2003
Provided for the establishment of a separate National Commission for Scheduled Tribes by bifurcating the existing National Commission for Scheduled Castes and Scheduled Tribes. The commission shall consist of a Chairman, Vice- Chairman and three other members.
which Constitutional Amendment provides for reservation in admission in private and unaided Institutions for the members of SCs and STs?
The 93rd Constitutional Amendment
The 93rd Constitutional Amendment allows the government to make special provisions for “advancement of any socially and educationally backward classes of citizens”, including their admission in aided or unaided private educational institutions.
in which amendment the power of Lok Sabha to amend the constitution was affirmed?
24th Amendment of 1971
It also amended Article 368 to provide expressly that Parliament has the power to amend any provision of the Constitution.
…
Twenty-fourth Amendment of the Constitution of India.
The Constitution of India (Twenty-fourth Amendment) Act, 1971
Enacted by Lok Sabha
Passed 4 August 1971
Enacted by Rajya Sabha
Passed 11 August 1971
it was done to abrogate the Supreme Court ruling in Golaknath v. State of Punjab. The judgement reversed the Supreme Court’s earlier decision which had upheld Parliament’s power to amend all parts of the Constitution, including Part III related to Fundamental Rights. The judgement left Parliament with no power to curtail Fundamental Rights. To abrogate the ruling, the government intended to amend article 368 to provide expressly that Parliament has power to amend any provision of the Constitution, thereby bringing Fundamental Rights within the scope of its amending procedure, and preventing review of those changes by the courts.
the limit of 20000 rupees for making an appeal to the Supreme Court in civil cases was abolished in which amendment?
30th Amendment
30th Constitutional Amendment Act,
1972 (w.e.f. 27.02. 1973): It provided that only such appeals can be brought to the Supreme Court which involves a substantial question of law. The valuation aspect of Rs. 20,000 for appeals in civil cases to the Supreme Court was abolished
which is the official language yet not included in schedule 8 of constitution
English
the doctrine of prospective overruling was first observed by Justice Subba Rao in case of
Golaknath Case
This principle, borrowed from the American Constitution, found its application first in the famous case of Golaknath v. State of Punjab
in very simple words, the implication of the invocation of the doctrine is that the decision of such a case would not have the retrospective operation but would operate only in the future, i.e., have the only prospective operation.
which Landmark case nullified the 42nd amendment which declared that amendments made under Article 368 cannot be questioned in a court of law?
In Minerva Mills v UOI,
clauses 4 and 5 of Article 368 were inserted by 42nd amendment and they were struck down as a violation of basic structure.
In Indira Nehru Gandhi Vs. Raj Narayan (AIR 1975) SCC 2299, the theory of basic structure was applied and reaffirmed.
in which case the supreme court held that the Laws in 9th schedule subject to Judicial review?
IR Coelho versus State of Tamil Nadu,
various laws placed in the Ninth Schedule were challenged on the ground that any law violating fundamental rights should be struck down as “unconstitutional” and that the court’s power of judicial review cannot be taken away.
all India service comes under article?
Article 312
of the Constitution for the creation of one or more All India Services common to the Union and State. The Indian Administrative Service and The Indian Police Service are deemed to be constituted by the Parliament in terms of Article 312 of the Constitution
what is the duration of zero hours in Lok Sabha?
The duration of zero hours in LOK SABHA is unspecified. Total time is allocated for ‘zero hours’ is 30 min…in which member gets three mins to raise the issue….and the. the session should complete before 1 pm. In Rajya Sabha, the total number of requests is not allowed to exceed seven on a single day.
which articles under Indian Constitution empowers President to appoint a Commission to investigate the condition of Backward classes and suggest ameliorative measures?
Article 340
the consolidated fund of India is created under article?
Article 266
The Consolidated Fund of India includes revenues, which are received by the government through taxes and expenses incurred in the form of borrowings and loans. …
It is also considered as the most important part of the financial statement.
The Provision for_______has been given under Article 343
Official Language of Union
Article 343 (1) of the Constitution of India states “The Official Language of the Union government shall be Hindi in Devanagari script.” Unless Parliament decided otherwise, the use of English for official purposes was to cease 15 years after the constitution came into effect, i.e. on 26 January 1965.
which article deals with the budget?
Article 112
which is the source of revenue of a Municipal committee?
Octroi, tax levied by a local political unit, normally the commune or municipal authority, on certain categories of goods as they enter the area. The tax was first instituted in Italy in Roman times, when it bore the title of vectigal, or portorium.
Its sources of income are taxes on water, houses, markets and vehicles (commercial only)paid by residents of the town and grants from the state government.
the maximum duration for which and emergency under article 356 can be imposed as
3 Years
It is imposed for an initial period of six months and can last for a maximum period of three years with repeated parliamentary approval every six months.The 42nd amendment act of 1976 extended the initial time duration of state emergency from 6 months to 1 year
The white paper is a?
Govt supplement on policy matters
To be recognized as National Party, a party must be recognized State Party in at least
4 states
A registered party is recognized as a national party only if it fulfills any one of the following three conditions: A party should win 2% of seats in the Lok Sabha from at least three different states. … A party gets recognition as a state party in four states.
matter of urgent public importance can be brought before the legislature by
Adjournment Motion
which article of the constitution provides that it shall we and our of every state to provide the adequate facility for instruction in the mother tongue at the primary stage of education?
article 350a
Who nominates persons for various parliamentary delegation to foreign countries?
The Speaker of Lok Sabha
schedule caste is defined in clause 24 of article_____ of Constitution of India
Article 366
the schedule tribe is defined in clause ____ of the article_____ of the constitution
Article 366 (25)
Who coined the word Gram Swaraj?
Mk Gandhi
Separate Commission for schedule caste and Scheduled Tribes were created by which amendment
Created by 66th Amendment & Bifurcated by 89th Amendment?
The National Commission for the Scheduled Castes and Scheduled Tribes came into being consequent upon passing of the Constitution (Sixty-fifth Amendment) Act, 1990.
On the 89th Amendment of the Constitution coming into force on 19 February 2004, the National Commission for Scheduled Tribes has been set up under Article 338A on bifurcation of erstwhile National Commission for Scheduled Castes and Scheduled Tribes to oversee the implementation of various safeguards provided to
The National Commission for STs has been created by inserting new Article 338A in the constitution, This statement is
true or false
True
first national commission for STs was constituted in?
2004, March
Which case is considered as a blow to Civil Liberties in India?
ADM Jabalpur Case
The 1975 ADM Jabalpur Case, also known as the habeas corpus case, is debatably most controversial decision of Supreme Court, where a constitutional bench unabashedly declared that under emergency provisions no one could seek the assistance of any court in India to try and save his liberty, life or limb threatened to be taken away by the State.
It all started with the ‘the state of UP vs Raj Narain’ verdict of Allahabad high court, where the court held Indira Gandhi guilty of election malpractices and invalidated her election and further barred her for 6 years from contesting elections.
While the High court judgment was appealed to SC, Indira Gandhi, faced by an unprecedented protest from an opposition united under J P Naryanan, invoked article 352 declaring National emergency on the grounds of threat from Internal disturbance.
Censorship muzzled the Press, the opposition was silenced and the common man terrorized. The government made extensive use of preventive detention, arresting people not because they have committed any offence, but on the apprehension that they may commit one.
Many cases were filed in the courts against it and 9 High Courts gave judgments that even during emergency the courts could entertain a writ of habeas corpus filed by a person challenging his/her detention
The Government (read Indira Gandhi) decided to appeal against these decisions to the Supreme Court. It was thus that the Constitutional bench of five Judges came to be constituted to hear case, dubbed as A.D.M. Jabalpur vs. Shukla.
Supreme Court applied doctrine of procedure established by law in letter but not in spirit and overturned the judgement by high courts, declaring that article 32 –the right to approach to court to defend fundamental rights- remains suspended under emergency.
The judgement thus closed the doors of judiciary for citizen during emergency.
Plz read about justice H.R Khanna…the only dissenting judge who disagreed with the other four members of his bench. He did so knowing fully well that he will be denied the chief justiceship of India because of his verdict and that was the case…Hameedullah Beg, his junior went on to become the CJI. The New York Times in an editorial wrote…someone will surely erect a monument to Justice H R KHANNA of the Supreme Court. For more details…plz refer to the June 2017 issue of The Caravan
according to the 7th schedule, the police is a
State Subject
the women’s reservation bill was first introduced in the parliament in
1996
The bill was first introduced in Parliament in September 1996. It was introduced again in 1998, 1999, 2002.
The current version of the bill was introduced in 2008 when the United Progressive Alliance (UPA) was in power.
On International Women’s Day this year, the bill was spoken about in the Rajya Sabha but not tabled.
The Women Reservation Bill aims at the reservation of ______% seats in Lok Sabha for women
33%
The women’s reservation bill was passed by the Rajya Sabha on
9 March 2010
Reservation of Women in Panchayats was introduced by
73rd Amendment
The 73rd Constitutional Amendment Act was passed by the Parliament in April 1993. The Amendment provided a Constitutional status to the Panchayati Raj Institutions in India through the insertion of Article 243 to Part IX of Indian Constitution
a sitting judge of Supreme Court or HC can only be removed through impeachment by both houses of Parliament with a 2/3rd majority and voting in favour of the motion
According to which article/act?
Judges Inquiry Act, 1968. .
The constitution provides that a judge can be removed only by an order of the president, based on a motion passed by both houses of parliament. The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968. … Under the Act, an impeachment motion may originate in either house of parliament.
Who is known as the architect of 9th schedule?
K. Thiruvenkatachari
which of the Constitutional Amendment Bill was introduced with the sole objective of ensuring that the order of Allahabad High Court against Indira Gandhi is nullified?
The Thirty-ninth Amendment of the Constitution of India, enacted on 10 August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975–1977.
Indira Gandhi was accused by Raj Narain for misusing the state machinery during her election polls.
After that, the Allahabad High court did find her guilty, by virtue of which dismissed her immediately from the Lok Sabha. The high court also barred her from contesting in future elections for 6 years and demanded her resignation from PM post. Indira appealed to the supreme court the same day and her case was accepted. The court granted her bail and allowed her to remain as Prime minister for 6 more months within which the said case would be completed, yet refused to reinstate her as a member of Parliament. Facing certain doom if the case went on in the supreme court as before, Indira Gandhi successfully recommends the President to declare a state of emergency the next night and began her rule by decree.
in which case the validity of the 39th amendment was considered by Supreme Court and Article 329 (A) was held unconstitutional
Indira Nehru Gandhi vs Raj Narain
The validity of the 39th amendment was considered by the Supreme Court in Indira Nehru Gandhi26 and Article 329A(4) was held unconstitutional. Khanna J. observed that Article 329A(4) violated the principle of free and fair elections which were an essential postulate of democracy and part of the basic structure.
Article 141A introduced by 42nd Amendment stipulated that the min number of judges of the SC who have to determine any question as to the constitutional validity of any central law was________ and the central state law could not be declared Constitutionally invalid unless a majority of 2/3rd of the 7
judges held so
8
Article 31C introduced by 42nd amendment which gave primacy to Directive Principles over Fundamental rights was struck down by the SC
Minerva Mills Case
which amendment ensures that the persons who had the benefit of accelerated promotion also get consequential seniority nullifying the view taken by SC in Union of India vs. Vripal Singh Chauhan?
85th Amendment, 2001
The main purpose behind the 85th Amendment Act, 2001, was to extend the benefit of reservation in favor of the SC/ST in matters of promotion with consequential seniority. The amendment has substituted, in clause (4A) of Article 16 of the Constitution, for the words ”in matters of promotion to any class” the words ”in matters of promotion, with consequential seniority, to any class”.
82nd amendment was passed to nullify the view taken by the Supreme Court that relaxation in qualifying marks or lowering standards was not permissible in which case
Ashok Kumar vs Union of India
Which amendment inserted a proviso in Article 355 to enable relaxation of qualifying marks and standards evaluation?
82nd Amendment, 2000
Permit relaxation of qualifying marks and other criteria in reservation in promotion for SCs and STs candidates.
which amendment nullified the view taken in Mandal case that reservation should not be made in matters of promotion?
77th Amendment
The Constitution (Seventy-Seventh Amendment) Act 1995 introduced clause (4A) pursuant to clause 4 of Article 16 of the Indian Constitution. Clause (4A) provides for the Scheduled Castes and Scheduled Tribes to benefit from the promotion in service.
Which articles were amended to nullify the infamous SC judgment in the ADM Jabalpur case (also known as Habeas Corpus Case)?
Article 359
T.T. Krishnamachari called the ________“veritable dustbin of sentiment”
DPSP
Dinesh Goswami Committee recommended?
Governmental funding of parliamentary elections
which case is known as the ‘first judges case’?
S.P. Gupta case (December 30, 1981) or
the First Judges Case:
It declared that the “primacy” of the CJI’s recommendation on judicial appointments and transfers can be refused for “cogent reasons.” The ruling gave the Executive primacy over the Judiciary in judicial appointments for the next 12 years
which case is known as the second judges case?
Supreme Court Advocates-on Record Association vs Union of India - 1993
which case is known as the third judges’ case?
Re-presidential reference 1999
which is the first case in which the scope and importance of fundamental rights under the constitution were interpreted by SC?
AK Gopalan Case VS State of Madras:
Ak Gopalan was a communist leader who was detained in the Madras Jail under Preventive Detention Act,1950 and challenged his detention by stating that his civil liberty was being hampered as he had the right to equality of law.
The supreme court examined that he was detained according to the procedure established by law and rejected his argument. The supreme court at that point of the time believed that each article was separate in the Indian constitution.
the supreme court considered the scope of freedom of speech and expression under Article 19 (1) (a) for the first time in which case?
Cross Roads Case
Thappar v. Madras
The Supreme Court of India agreed with a petition asserting that powers granted under the Madras Maintenance of Public Order Act, 1949 enabled the State to unconstitutionally restrict free expression. Romesh Thappar filed a petition challenging a decision by the State of Madras banning the entry and circulation of his leftist journal, Cross Roads, arguing that the State’s justification for the ban on the basis of “public safety” was too broad. The Court noted that such expansive restrictions were unconstitutional and that only narrow restrictions on freedom of expression were permitted.
Provisions Tada constitutionally valid by Supreme Court in which case?
KARTAR SINGH Vs. STATE OF PUNJAB
which amendment nullifies the effect of the Champakam Dorairajan case?
First Amendment 1952
This conflict between Fundamental Rights and DPSP came to the Supreme Court for the first time in Champakam Dorairajan Case (1952). Smt Champakam Dora
which article was introduced by the first Amendment Act 1951?
articles 31A and 31B.
Important Facts
The First Amendment Act amended articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376.
It inserted articles 31A and 31B. It inserted Ninth Schedule to the Constitution to protect the land reform and other laws present in it from the judicial review.
First Amendment Act had set the precedent of amending the Constitution to overcome judicial pronouncements to implement the programs and policies of the Government.
It placed reasonable restrictions on fundamental rights and added three more grounds of restrictions on freedom of speech such as public order, friendly relations with foreign states and incitement to an offense.
Article 19(1)(g) of the Constitution confers the right of citizens of India to practice any profession or to carry on any occupation, trade or business. The Amendment expressly provided that State trading and nationalization of any trade or business by the state is not being invalid on the ground of the violation of the right to trade or business.
In response to the verdict on the State of Madras v. Champakam Dorairajan’s case(1951), it made provision for special treatment of educationally and socially backward classes by adding the 9th schedule to the Constitution. It prevented the acts listed in the 9th Schedule from being subjected to judicial review
Why the first amendment was enacted?
The citizen’s right to freedom of speech and expression guaranteed by Article 19(1)(a) has been held by some courts to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence.
who led the 13 member constitution bench in Kesavananda case?
Justice Sikri
In which case the supreme court held that the procedure contemplated under article 21 must be right just and fair not arbitrary
Maneka Gandhi vs. Union of India (AIR 1978 SC 597)
opened up a new dimension and now a limitation is imposed upon the lawmaking itself. In other words, the procedure prescribed for law must also satisfy the test of reasonableness, fairness and justness.
according to justice Chinnappa Reddy, the great jurisprudence of Habeas Corpus build-up by the constitutional Courts was dealt a near-death blow in the case of?
ADM Jabalpur Case, also known as the habeas corpus case,
which case the supreme court held that the life and liberty of a citizen were mere bounties of the state and could be taken away by state whenever it pleases?
ADM Jabalpur Case, also known as the habeas corpus case,
which amendment was challenged in Sajjan Singh case?
17th Amendment 1964
Amend article 31A.
Amend schedule 9
To secure the constitutional validity of the acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution.
which amendment was passed to nullify the effect of the judgment in the Golaknath case?
The Constitution (Twenty-fourth Amendment) Act, 1971,
enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended Article 368 to provide expressly that Parliament has the power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent when a Constitution Amendment Bill was presented to him
The Supreme Court upheld the validity of the 24th Amendment in Kesavananda Bharati v. the State of Kerala in 1973.
in which of the cases Supreme Court held that the classification of pension is violative of Article 14?
D.S. Nakara & Others vs Union Of India
the doctrine of estoppel means
Estoppel is a judicial device in common law legal systems whereby a court may prevent or “estop” a person from making assertions or from going back on his or her word; the person being sanctioned is “estopped”.
Section 115 of the Indian Evidence Act defines estoppel: “When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing
the doctrine of estoppel is not applicable to fundamental rights.
this statement is true or false
True
case the supreme court held that right to remain silent is part of fundamental right?
Bijoe Emmanuel v. State of Kerala.
The appellants-three children belong to a sect called Jehovah’s Witnesses who worship only Jehovah-the Creator and none other.
2. They refused to sing the National Anthem: ‘Jana Gana Mana‘ because, according to them, it is against the tenets of their religious faith-not the words or the thoughts of the National Anthem-but the singing of it. They desisted from actual singing only because of their aforesaid honest belief and conviction but they used to stand up in respectful silence daily, during the morning assembly when the National Anthem was sung.
On August 11, 1986, the Supreme Court overruled the High Court of Kerala in the case of Bijoe Emmanuel v. the State of Kerala. The Court held that expelling the children based on their “conscientiously held religious faith” violated the Constitution of India. Justice O. Chinnappa Reddy stated: “No provision of law …obliges anyone to sing.” The Court noted that the right of free speech and expression also includes the right to remain silent and that standing for the national anthem showed proper respect. The Court ordered the school authorities to readmit the children.
in which case the supreme court held that the capitation fees is unconstitutional?
Mohini Jain v. the State of Karnataka
Mohini Jain v. the State of Karnataka, a 1989 Supreme Court of India case, occurred when the Government of Karnataka issued a notification that permitted the private medical colleges in the State of Karnataka to charge exorbitant tuition fees from the students admitted other than the “Government seat quota
Indian High Court Act was passed by the British parliament in the year of
1861
before the creation of Delhi High Court Delhi was under the jurisdiction of
Punjab & Haryana High Court
additional judges can be appointed under article 224 for the period of
Not exceeding 2 years
article 224 of the constitution of India
provides for the appointment of additional and acting judges. the period for appointment of additional judges of the high court as mentioned in article 224(1) is for such period not exceeding two years.
Delhi is made the national capital territory of India by virtue of which article?
article 239AA
which article deals with Public Service commission for Union and the states
Articles 315 to 323
in Part XIV of the Constitution of India provides for the establishment of the Public Service Commission for the Union and a Public Service Commission for each State.
which of the cases upheld the right against handcuffing?
Prem Shankar Shukla vs Delhi Administration
which case held the right against solitary confinement?
Sunil Batra Case
the prisoners’ case
in which case Supreme Court held that right to Legal Aid is a fundamental right
MS Hoskot case
in which case the supreme court struck down the rule which would terminate the service of air hostess on third pregnancy?
Air India v. Nargesh Meerza
Which article states “no tax can be levied and collected except the authority of law”?
Article 265
of the Constitution which states that “No tax shall be levied or collected except by the authority of law”. Therefore, each tax levied or collected has to be backed by an accompanying law, either passed by the legislative assembly or parliament.
Soma Roy Burman recently took charge of which position?
[Controller General of
Accounts]
What was the name of the Rover of ISRO Chandrayaan-2?
[Pragyaan]
The Taxation Laws (Amendment) Bill, 2019 amended which income tax act?
[Income tax act 1961]
- Which Typhoon came to Madagascar in 2019?
[Diane]
- Who was appointed Senior Security Advisor in Home ministry?
[K Vijay Kumar]
- Rajasthan high court is in which district?
[Jodhpur]
The Gandhi Nagar model village was built with Indian assistance in which country?
[Sri Lanka]
Bharatiya Poshan Anthem was written by which person recently?
[Prasoon Joshi]
Who has won William E. Colby Award for his book Midnight in Chernobyl?
Adam Higginbotham
The Union government approved the promulgation of an ordinance to amend the Epidemic Diseases
Act, 1897, under which in cases of attacks on healthcare workers, the investigation will be completed within
________days
30 days
Which Payments Bank has partnered with Mastercard to launch the debit cards?
.Paytm Payments Bank
What is the theme of the Earth Day 2020?
Climate Action
What is the rank of India in the global press freedom index?
142nd
Which mission was recently completed by NASA astronauts Andrew Morgan and Jessica Meir, and Oleg
Skripochka who returned to earth recently from the International Space Station?
Expedition 62
Which among the following organizations has released the Global Report on Food Crises (GRFC 2020)?
World Food Programme