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Constitutional Law > Unit 1 > Flashcards

Unit 1 Flashcards

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1
Q

Preamble is a part of the Constitution

A

Kesavananda Bharati v State of Kerala

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2
Q

Harmonious Construction

A

Minerva Mills

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3
Q

Judicial Review (case and article)

A

Marbury v Madison, 13 (2)

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4
Q

Basic structure doctrine mentioned for the first time

A

Sajjan Singh v State of Rajasthan

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5
Q

Doctrine of severability
Princicples were laid down in

A

RMDC v Union of India

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6
Q

Whether or not something is a basic structure will be determined when put to question to the court

A

Minerva mills and Indra Gandhi v Raj Narain

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7
Q

Rule of Law is a basic structure and cannot be amended

A

Kesavananda Bharati v State of Kerala

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8
Q

FR and DPSP to be considered harmoniously and cannot override each other

A

IR Coelho v State of Tamil Nadu

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9
Q

It is difficult to restrict the sovereign legislative power by judicial interference except so far as the express provision of a written constitution (judicial review)

A

AK Gopalan v State of Madras

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10
Q

FR comes above DPSP

A

state of Madras v Champakam

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11
Q

Harmonious Construction introduced in?

A

Quarashi Mohd. v State of Bihar
(also Kerala Education bill)

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12
Q

The Right to live human dignity, free from exploitation enshrined under Article 21 derives its life and breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Article 41 and 42

A

Bandhu Mukti Morcha case

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13
Q

Right to education is an FR well within in the meaning of article 21

A

Unnikrishnan v state of Andhra Pradesh

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14
Q

Determine what is part of the state and not

A

RD Shetty v international airport authority

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15
Q

Articles 19 and 21 were not mutually exclusive and had to be read in consonance, a link between 14, 19 and 21 was established

A

Maneka Gandhi v Union of India

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16
Q

Right to Sleep

A

Ramlila Maidan Incident

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17
Q

Right to Privacy

A

Justice K.S. Puttaswamy v. Union of India

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18
Q

Sabarimala Judgment

A

Indian Young Lawyers Association & Ors. v. The State of Kerala & Ors.

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19
Q

DNA, fingerprint and handwriting can be accepted and is not violative of article 20(3)

A

MP Chandra v Satish Chandra

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20
Q

Brain fingerprinting analysis, polygraph test, etc. and other scientific methods are not accepted and is violative of article 20(3)

A

Selvi v State of Karnataka

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21
Q

Caste cannot be the sole determining factor for reservations

A

MR Balaji v State of Mysore

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22
Q

Introduction of reservation

A

state of Madras v Champakam

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23
Q

OBC reservation is constitutional

A

Ashok Kumar Thakur v Union of India

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24
Q

Freedom of Religion which articles

A

25-28

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25
Q

Secularism is a basic feature and cannot be one away with

A

SR Bommai v Union of India

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26
Q

Aruna Roy v Union of India case facts

A

Validity of new education policy 2002 was challenged
provided value based education on the basis of all religions
held that study of religions in school education is not against secular philosophy of the constitution

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27
Q

What are the two freedoms given by art 25 (1)

A

freedom of conscience and freedom to profess, propagate and practice any religion

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28
Q

triple talaq case

A

Shayara Banno v Union Of India

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29
Q

Right to Print and Publish actual facts, history and contemporary views about any topic etc

A

Sakal Paper Ltd vs Union of India

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30
Q

Third Person Views: The views and opinions printed in the newspaper can be that of the author, editor or any third person not directly involved with the newspaper but given his views opinions under the direction of the author or editor

A

Express Newspaper vs Union of India

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31
Q

Enclosed within the rights of the press are the legal rights to distribute and circulate newspapers or related material for consumption

A

Pandit M. S. M. Sharma v. Shri Sri Krishna Sinha and Others

32
Q

freedom of press extended to include all such information that need to be made available to the public for prompt decision making, and not include only political and public information.

A

Thornhill vs Alabama

33
Q

The Press has the right to collect such information pertaining to public affairs or to sources of such information

A

New York Times vs US

34
Q

Freedom of press has three essential elements. They are?

A

Freedom of access to all sources of information
Freedom of publication
Freedom of circulation.

35
Q

The validity of the Newsprint Control Order, which fixed the maximum number of pages, was struck down by the Court holding it to be violative of provision of Article 19(1)(a)

A

Bennett Coleman and Co. v/s Union of India

36
Q

Security of the State is a reasonable restriction under Article 19 (2) of the Constitution. However, the words used in the impugned section of the Act are ‘public safety and public order’. The Court considered that the 2 terms have to be read together.

A

Romesh Thappar vs The State Of Madras

37
Q

he Court established that pre-censorship of press violates the liberty given to them and also violates the freedom of speech and expression.

A

Brij Bhusan & Anr. v. The State of Delhi

38
Q

Right to know is derived from the concept of freedom of speech.

A

State of U.P. v. Raj Narain

39
Q

Freedom of speech and expression includes the right to impart and receive information which includes freedom to hold opinions

A

Union of India v Association for Democratic Reforms

40
Q

Mandal Commission was set up under which article

A

340

41
Q

eleven ‘Indicators’ or ‘criteria’ for determining social and educational backwardness were grouped under three broad heads, they were?

A

Social, Educational and Economic.

42
Q

who decided to implement the recommendations of the Mandal Commission

A

VP Singh

43
Q

what % of the vacancies in civil posts and services under the Government of India shall be reserved for SEBC

A

27%

44
Q

when was constitution adopted

A

26th November, 1949

45
Q

power to amend article

A

368

46
Q

when was constitution enacted

A

26th January, 1950

47
Q

‘Secular’ added to the constitution by which amendment

A

42nd, 1977

48
Q

Intention to commit offence, is it an offence or not?

A

No, it is not

49
Q

Which amendment temporarily did away with Judicial Review?

A

42nd amendment

50
Q

Protection of milch cattle which dpsp

A

article 48

51
Q

Prohibition of milch cattle slaughter in Gujrat

A

State of Gujrat v Mirzapur Moti

52
Q

no connection between 19 and 21

A

AK Gopalan v State of Madras

53
Q

Constitutional Validity of 77th, 81st and 85th Amendment Act

A

M Nagraj v UOI

54
Q

“creamy layer” principle mentioned in which case

A

M Nagraj v UOI

55
Q

The Supreme Court clarified that the creamy layer doctrine has no relevance in SC/ST reservation.

A

Ashok Kumar Thakur v. Union of India, 2008

56
Q

In order to invoke “ejusdem generis”, there must be a distinct genus
through bodies named

A

Rajasthan Electricity Board case

57
Q

All authorities created by Constitution or statute on whom powers are conferred by law.

A

Rajasthan Electricity Board

58
Q

National Anthem Case

A

Bijoe Emmanual v state of Kerala

59
Q

petitioner challenged the validity of the Bombay Prevention of Bigamous Hindu Marriages Act, 1946, which states that bigamous marriages void and criminalize bigamy among Hindus

A

State of Bombay v. Narasu Appa Mali

60
Q

which article states that personal laws cannot be defined as laws under Article 13

A

Article 112

61
Q

‘Expressio Unius Exclusio Alterius’ meaning and case laws

A

The expression of one thing is the exclusion of the other
State of Bombay v. Narasu Appa Mali

62
Q

Whether it is for the Legislature to decide what constitutes social reform?

A

Yes, because in a democracy, the legislature is constituted by the will of the people and responsible for the state’s welfare and lays down the policy to achieve its inherent objective. Hence, the legislation, in its wisdom, decides social reform, not the court of law.

63
Q

case law on artistic freedom

A

Ramesh v Union of India

64
Q

Mosque is not equal to Islam, Babri masjid case

A

Ismail Faruqi v Union of India

65
Q

which amendment added Article 21A to the Constitution of India, requiring each state to provide free and compulsory education to all children between the ages of six and fourteen.

A

86th amendment

66
Q

Which amendment Act brought in a 10% reservation for Economically Weaker Sections (EWS) of society other than Backward Classes, Scheduled Castes, and Scheduled Tribes for admission to central government and private educational institutions and recruitment in central government jobs.

A

103rd

67
Q

which amendment added a provision in article 15 that the state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or scheduled tribes
(Central Educational Institutions (Reservation in Admission) Act, 2006 enacted)

A

93rd

68
Q

which amendment guaranteed Scheduled Castes and Scheduled Tribes reservations for promotion in government offices

A

77th

69
Q

which amendment restored various powers of the supreme courts and high courts. The act allowed the Judicial review of the presidents, governors, and Lok Sabha speaker’s elections

A

44th

70
Q

which article imposes an obligation on the State to provide free legal aid to ensure access to justice for all citizens

A

39A

71
Q

which article seeks to ensure humane work conditions and provide for maternity relief

A

42

72
Q

Uniform civil code article

A

44

73
Q

which article states that no government organ interferes or intervenes with the functions and core powers of the other organs

A

50

74
Q

Fundamental duties

A

Article 51 (A)

75
Q

SC held that doctrine of waiver does not apple to part 3 of the constitution

A

Behram v State of Bombay

76
Q

no estoppel against the constitution and no citizen could barter away FRs

A

Olga Tellis v Bombay Municipal Corporation

77
Q

Legal rights may be waived away

A

Jaswantsingh v Ahmedabad Municipal Corp.

Constitutional Law (1 decks)

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