Constitutional Law INDIA

Ans: Directive Principles are mentioned in Part 4 of Indian Constitution.  There are 15 directive principles and directive Principles are mentioned under Article 36 to Article 51 of Indian Constitution.  

Ans: The part 3 of Indian Constitution mentions about the fundamental rights. There are six fundamental rights i.e.,  Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and educational rights, Right to constitutional remedies. Part III of the Constitution is described as the Magna Carta of India.  Articles 12 to Article 35 are the fundamental rights of Indian Constitution.  Part 3 of Indian Constitution is taken from Constitution of USA. 

Ans: The part 2 of Indian Constitution mentions about the citizenship in Indian Constitution. The migrants can also be facilitated for citizenship in Indian Constitution.  

Ans: The union and its territory is mentioned under part 1 of Indian Constitution.   It mentions about the union and its territories i.e., states.  It mentions about the formation of states. 

Ans:  Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort).

Ans: 1.  Civil Law is a general law which solves disputes between 2 organisations or individuals. As per Civil Law the wrongdoer will have to compensate the affected organisation or individual. Civil Law deals with Property, Money, Housing, Divorce, custody of a child in the event of divorce etc. Criminal Law deals with offences that are committed against the society. It mets out varying degrees of punishment commensurate with the crime committed. Criminal Law will deal with serious crimes such as murder, rapes, arson, robbery, assault etc. 2. Civil Law is initiated by the aggrieved individual or organisation or also known as ‘plaintiff.  The Government files the petition in case of criminal law. 3.  In case of Civil Law, to start a case, the aggrieved party needs to file a case in the Court or Tribunal.  As per Criminal Law, to start a case, a petition cannot be filed directly in a court, rather the complaint should be first registered with the police, and the ...

Ans: Tribunal: Any body acting judicially for adjudicating cases of special purpose under special laws is Tribunal.   All courts are tribunals but all tribunals are not courts. They are quasi-judicial in nature. A person can go in court for the case of tribunal but not vice versa. E.g.: National Green Tribunal hears the cases related to Environment. Water dispute tribunals are quasi judicial in nature. Water dispute tribunals are created under Article 262. The Central Administrative Tribunals look into the cases pertaining recruitment conditions to public services and other such issues. The proceedings in the tribunals are generally faster than the proceedings in courts. Tribunals are not originally a part of the Constitution of India. They were introduced in 1985. Tribunals were constituted with the objective of delivering speedy, inexpensive and decentralised adjudication of disputes in various matters. Tribunals were included in 42nd Amendment Act, 1976. Part 14-A of I...

Ans: In India, freedom of the press is implied from the freedom of speech and expression guaranteed by Art. 19(1) (a). There is no specific provision ensuring freedom of the press as such. Freedom of press or media refers to the rights given by the Constitution of India under the freedom and expression of speech in Article 19(1)(a). Freedom of press and media is widely recognised in India. It does have reasonable restrictions under Article 19(2) to protect the safety of the people of the nation. The restrictions can be imposed in case of threats against: Sovereignty and integrity of India Security of the State Friendly relations with foreign states Public order, decency or morality Contempt of court Defamation Incitement to an offence World Press Freedom Day was celebrated on May 3rd which acts as a reminder for all governments to respect the rights of media and press institutions around the world. It also substitutes as a day for all media bodies to reflect on the restrictions imp...

Ans: A.V. Dicey developed the concept of Rule of Law in his book ' The constitution of England '. According to rule of law, the law make same effect and treat equally to everyone in same circumstances. According to rule of rule, law treats equally to everyone and no one is above law. Both government and citizens will get equal treatment by law in accordance with rule of law. This concept was seen in Indian Constitution in two places i.e.,one is in preamble and other is in Article 14. Article 14 says two things i.e., prohibit unequal treatment which is negative approach and demands equal treatment which is positive approach. To prohibit unequal treatment is equality before law and to demand equal treatment is equal protection of laws. Article 14(1) i.e equality before law is an English Law Concept. The rule of law will treat equally for any act or omission in equality before law. The example is lady Justice.  The lady Justice is blind folded which means that everyone is equal b...

Ans: The Election Commission is regarded as the guardian of elections in the country. In every election, it issues a Model Code of Conduct for political parties and candidates to conduct elections in a free and fair manner.

Ans: It comprises Articles from 324 to 329 A.   As per Article 329 given in Part 15 of the Indian Constitution, courts cannot interfere in elections. As per Article 328 given in Part 15 of the Indian Constitution, the legislature of a state will have the power to make provisions with respect to all matters relating to the elections to the House or either House of the State Legislature, including the preparation of electoral rolls. As per Article 327 given in Part 15 of the Indian Constitution, from time to time, the Parliament has the power to make provisions related to the elections of Legislature of a state, related to the elections of either House of the Parliament, delimitation of constituencies, preparation of electoral constituencies, etc. As per Article 326 given in Part 15 of the Indian Constitution, the elections to the Lok Sabha and state legislatures in every state shall take place based on universal adult suffrage. It means citizens of India who are not below the a...

Ans: Part XV of the Constitution of India consists of Articles on Elections. Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission. Under the supervision of the commission, free and fair elections have been held in India at regular intervals as per the principles enshrined in the Constitution. As per Article 324 given in Part 15 of the Indian Constitution, the control of elections, the direction and superintendence of the elections will be vested in the hands of the Election Commission of India.

Ans: Free and Fair Election: Election does not matter but the Election must be free and fair. It is important that in a democratic system,  the election must be impartial and transparent. Electoral results should show the aspirant of voters. Conditions that make election in India free and fair:  1.Universal franchise and Right to content. 2. Independent Election Commission.

Ans: As per Article 324 given in Part 15 of the Indian Constitution, the control of elections, the direction and superintendence of the elections will be vested in the hands of the Election Commission of India.

Ans:Som Prakash Rekhi vs Union Of India & Anr on 13 November, 1980 In this case, Bharat petroleum which is registered under companies act will also have the instrumentality of state. Thus, it is also state under other authorities. There are five criteria to determine state under this case and these are as follows:  1. Financial Resources of the state being the chief funding source. 2. Functional character being governmental in essence. 3. Plenary control residing in government. 4. Prior history of the same activity being carried out by the government and made over to the new body. 5. Some element of Authority or command must be possessed by body.

Ans:  The question arises that the body which is created under any statute but is created for commercial purpose will also be the state. The honourable Supreme Court said in this case that the body such as ONGC, LIC, IFC which were set up under special statutes will also come under other authorities.

Ans: Rajasthan State Electricity vs Mohan Lal & Ors on 3 April, 1967. In this case, Supreme Court held that it is not necessary that the body must perform governmental or sovereign functions and the body constituted under any law or constitution will be the other authority. Thus, the universities will also be state  according to this judgment.

 Ans: Ajay Hasia vs Khalid Mujib Sehravardi & Ors on 13 November, 1980. In this case ,the Supreme Court said that the determining test is not whether a body is formulated by or under a statute but the body is acting as instrumentality or agency of the state. If the body is acting as an instrumentality or agency of state,  it will be considered as state according to perspective of Article 12. In this case, there are six criteria of determining test which are as follows: 1. Whether entire share capital is held by the Government. 2. A great degree of financial assistance is by government. 3. Monopoly status is protected by state. 4. There is deep and pervasive state control. 5. If the functions are of public importance or related to governmental functions. 6. A department of government is transferred to corporation.

Ans: Local Authority is mentioned under section 3(31) of General Clauses Act. The reference of Municipalities,  Panchayats, etc are given in local authority.  All local self governing bodies are local authorities.  

Ans: The four parts that are considered as state under Article 12 of Indian Constitution are as follows:  1. Government and Parliament of India.  2. Government and Legislature of State 3. Local Authority  4. Other Authority  The first two authorities are confirmed having the instrumentality of the state and the ambiguous parts are the local authority and other authority.  

Ans:  The definition of State given in Article 12 of Indian Constitution is applicable only on Part 3 and Part 4 of Indian Constitution and will not be applicable on rest of the Constitution. 

Ans: Article 12 of the Indian Constitution & ‘Other Authorities’ The ‘Other Authorities’ mentioned under Article 12 means all such authorities that lie within the territory of India and are controlled by the government of India through its acts and amendments. Ramana Dayaram Shetty vs The International Airport  on 4 May, 1979 1. R.D Shetty v. Airport Authority of India – Five points were mentioned by Justice P.N. Bhagwati to understand if the ‘body’ in news is instrumental to be called as the ‘State’ under Article 12 or not: The International Airport Authority was constituted under Airport Authority of India Act, 1971. The Supreme Court also realized that the Central Government has many powers to exercise on International Airport Authority.  The chairman and other members are appointed by the Central Government in International Airport Authority. The Central Government was also empowered to transfer the management of various airports. The court has no interest about the so...

Ans: Article 12 defines ‘State’ as: 1. Legislative and Executive Organs of the Union Government: Indian Government Indian Parliament – Lok Sabha, Rajya Sabha 2. Legislative and Executive organs of the State Government: State Governments State Legislature – Legislative Assembly, Legislative Council of State 3. All local authorities Municipalities – Municipal Corporations, Nagar Palika, Nagar Panchayats Panchayats – Zila Panchayats, Mandal Panchayats, Gram Panchayats District Boards Improvement Trusts, etc. 4. Statutory and Non-Statutory Authorities Statutory Authorities Examples: National Human Rights Commission National Commission for Women National Law Commission National Green Tribunal National Consumer Disputes Redressal Commission Armed Forces Tribunal Non Statutory Authorities Examples:  Central Bureau of Investigation Central Vigilance Commission Lokpal and Lokayuktas The definition in Article 12 is only for the purpose of application of the provisions contained in Part III. ...

 Ans: Article 275 of Indian Constitution grants from the Union to certain States (1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants in aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States: Provided that there shall be paid out of the Consolidated Fund of India as grants in aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State: Provided further that there shall be paid out of the Consolidated Fund of India as grants in aid of the revenues of the State of Assam sums, capital and recurring, equivalent to...

Ans: Certiorari writ can be issued under public undertaking. 

Ans: Section 48A of Indian Constitution mentions about Environmental Protection which is directive principle of state policy. 

Ans: Section 39 A of Indian Constitution mentions about Free Legal Aid which is a directive principle of state policy. 

Ans: Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors, 2017. According to this case , right to privacy is also a fundamental right under Article 21 of Indian Constitution. 

Ans: Maneka Gandhi v. Union of India, AIR 1978 SC 597, was a landmark decision of the Supreme Court of India in which the Court significantly expanded the interpretation of Article 21 of the Constitution of India. It mentions right to travel abroad is under Article 21 of Indian Constitution.

Ans: Right of exhibition,  Right to show cinema film and Liberty of press,etc. 

Ans: Article 44 of Indian Constitution. 

Ans: Article 43A: Participation of workers in the management of industries. 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 organisations engaged in any industry. It is mentioned under 42nd amendment.  

Ans: Taxes on lands and buildings.  State list has 66 subjects. 

 Ans: Railways  Union list has 97 subjects.

  Ans: Article 138 of Indian Constitution mentions Enlargement of the jurisdiction of the Supreme Court:  (1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer (2) The Supreme Court shall have such further jurisdiction, and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court. Article 138 mentions Judicial review of Supreme Court. 

 Ans: Section 10(3) in The Passports Act, 1967 (3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,— (a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof; (b) If the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf: 5 [Provided that if the holder of such passport obtains another passport, the passport authority shall also impound or cause to be impounded or revoke such other passport.] 1[Provided that if the holder of such passport obtains another passport, the passport authority shall also impound or cause to be impounded or revoke such other passport.]" (c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, f...

Ans:Section 35 of AadhaarAct, 2016 : Penalty for impersonation of Aadhaar number holder by changing demographic information or biometric information. Whoever, with the intention of causing harm or mischief to an Aadhaar number holder, or with the intention of appropriating the identity of an Aadhaar number holder changes or attempts to change any demographic information or biometric information of an Aadhaar number holder by impersonating or attempting to impersonate another person, dead or alive, real or imaginary, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine which may extend to ten thousand rupees.

Ans: Section 25 in Arms Act 25. Punishment for certain offences— 20 [ (1) Whoever— (a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or (b) shortens the barrel of a firearm or converts an immitation firearm into a firearm in contravention of section 6; or 21 [***] (d) bring into, or takes out of, India, any arms or ammunition of any class or description in contravention of section 11, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. 22 [(1A) Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten ...

Ans:  Section 14B in The Foreigners Act, 1946 [ 14B. Penalty for using forged passport.—Whoever knowingly uses a forged passport for entering into India or remains therein without the authority of law for the time being in force shall be punishable with imprisonment for a term which shall not be less than two years, but may extend to eight years and shall also be liable to fine which shall not be less then ten thousand rupees but may extend to fifty thousand rupees.]

 Ans: 14A. Penalty for entry in restricted areas, etc.—Whoever— (a) enters into any area in India, which is restricted for his entry under any order made under this Act, or any direction given in pursuance thereof, without obtaining a permit from the authority, notified by the Central Government in the Official Gazette, for this purpose or remains in such area beyond the period specified in such permit for his stay; or tc" (a) enters into any area in India, which is restricted for his entry under any order made under this Act, or any direction given in pursuance thereof, without obtaining a permit from the authority, notified by the Central Government in the Official Gazette, for this purpose or remains in such area beyond the period specified in such permit for his stay; or" (b) enters into or stays in any area in India without the valid documents required for such entry or for such stay, as the case may be, under the provisions of any order made under this Act or any direct...

Ans: The bail is enlarged under section 439 of Cr.P.C. 

Ans:  Remission reduces the term of the imprisonment Respite  awards lesser punishment than original punishment by looking at the special condition of a convict Reprieve stays the execution of the awarded sentence for a temporary period.

Ans: The Chief Justice and Judges of the High Courts are to be appointed by the President under clause (1) of Article 217 of the Constitution in consultation with chief Justice of India and Governor.  

Ans:Part IXA of the Constitution was inserted by the Constitution (Seventy-fourth Amendment) Act, 1992. It contains provisions for local self government at the urban level.  The 74th Constitutional Amendment Act of 1992 established the Municipalities or Urban Local Governments system as a constitutional entity. In India, the phrase “Urban Local Government” refers to the process through which the electorate governs an urban region. 

 Ans:  The Vice-President shall be ex-officio chairman of the counsel of States and shall not hold any other office of profit: Provided that during any period when the Vice-President acts as President or discharges the functions of the President under Article 65, he shall not perform the duties of the office of chairman of the council of States and shall not be entitled to any salary or allowance payable to the chairman of the council of States under Article 97.

 Ans: Article 61 Procedure for impeachment of the President.- (1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. (2) No such charge shall be preferred unless- (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. (3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented as such investigation. (4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of t...

Ans: According to Article 58 of the Constitution, no person shall be eligible for election as President unless he is a citizen of India, has completed the age of thirty-five years and is qualified for election as a member of the House of the People.

Ans: According to section 57 of Indian Constitution,  a person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.

Ans: The President is elected by the members of an electoral college consisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of States and the Union Territories of Delhi and Pondicherry.

Ans: However, Article 50 of the Indian Constitution, as incorporated in the form of Directly Principles in Part IV, states that the state shall take measures to separate the judiciary from the executive in state-run services. The Indian Constitution's Article 50 suggests that it is intended to keep the judiciary and executive branches apart from one another. However, a thorough examination of Article 50 of the Indian Constitution's legislative history would show that its primary goal was always to take action to separate the executive from the lower courts.

 Ans: According to Article 48 of Indian Constitution,  the State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

  Ans: The instrument accession was signed by India for Jammu and Kashmir. 35A:Article 35A was an article under the Constitution of India that empowered the State Legislature of Jammu and Kashmir to define “permanent residents” of the state along with granting them special privileges. The article was revoked on August 5, 2019, through a Presidential order along with Article 370. 

 Ans: Article 29 and 30 Protection of interests of minorities (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them Right of minorities to establish and administer educational institutions (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice (1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause ( 1 ), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict...

Ans: Sexual offences are crime under Article 23 of Constitution. Article 23 of the Constitution amended in 2014 includes the following provisions:   Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Ans: 19(1)(b): A Person can get assembled without arms. 

Ans:  Laws inconsistent with or in derogation of the fundamental rights.- Article 13

Ans: According to Article 7 of Indian Constitution,   Rights of citizenship of certain migrants to Pakistan Notwithstanding anything in Articles 5 and 6, a person who has after the first day of March, 1947 , migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948

Ans: 30(2):  If the government is having an acquisition on any property of minority educational institution then the government should keep this in mind that a fixed price should be settled in a way that does not deter the rights minorities.  30(3) : The State shall not, differentiate among any educational institution on the ground that it is under the administration of a minority whether in terms of a religion or a language.

Ans: According to Article 30(1) of Indian Constitution,  al l minorities should have right to set up and govern educational institutions according to their own choice.

Ans: All citizens have the right to assemble peacefully and without arms. This right is subject to reasonable restrictions in the interest of the sovereignty and integrity of India and public order.

 Ex post facto law:  It states that a person can neither be punished for any offence which was at the time of commission not charged as an offence nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. Hence termed as Ex-Post facto Law.

Ans:  According to Dr. Jennings " Equality before the law means that among equals the law should be equal and should be equally administered, that like should be treated alike. The right to sue and be sued to prosecute and be prosecuted for the same kind of action should be same for all citizens of full age and understanding without distinctions of race, religion, wealth, Social status or political influence.

Ans:  Citizenship in India is governed by Articles 5 – 11 (Part II) of the Constitution. The Citizenship Act, 1955 is the legislation dealing with citizenship. This has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005. Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not jus soli (citizenship by right of birth within the territory).

Ans:  Article 5: Citizenship at the commencement of the Constitution This article talks about citizenship for people at the commencement of the Constitution, i.e. 26th January 1950. Under this, citizenship is conferred upon those  persons who have their domicile in Indian territory and  – Who was born in Indian territory; or Whose either parent was born in Indian territory; or Who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution. Article 6: Citizenship of certain persons who have migrated from Pakistan Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of the Constitution if – He or either of his parents or any of his grandparents was born in India as given in the Government of India Act of 1935; and (a) in case such a person has migrated before July 19th, 1948 and has been ordinarily resident in India since his migration, or (b) in case such as a...