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Influence of other constitutions

British Constitution

  • Parliamentary form of government
  • Idea of single citizenship
  • Idea of rule of law
  • Institution of Speaker and his/her role
  • Lawmaking procedure
  • Procedure established by law

US Constitution

  • US Bill of rights
  • Federal Structure of government
  • Electoral College
  • Independence of the judiciary and seperation of powers among the three branches of government
  • Judicial Review
  • President as supreme commander of armed forces
  • Equal Protection under law

Irish Constitution

  • Directive principles of state policy

Australian Constitution

  • Freedom of trade and commerce within the country and between the states
  • Power of the national legislature to make laws for implementing treaties, even on matters outside normal federal jurisdiction
  • Concurrent list
  • Terminology for the preamble

French Constitution

  • Ideals of liberty, equality and fraternity

Canadian Constitution

  • A quasi-federal form of government
    • a federal system with a strong central government
  • Distribution of powers between central government and state governments

Constitution of the Soviet Union

  • Fundamental Duties u/a 51-A
  • A constitutionally mandated planning commission to oversee the development of the economy

Other Constitutions

  • Germany
    • Emergency Provision
  • South Africa
    • Amendment of Constitution
  • Japan
    • Due procedure of law

Important Articles

Article Deals With
1 Name and Territory of Union
2 New States Formation, Alteration of Boundaries etc.
13 Laws inconsistent with or in derogation of Fundamental Rights
14 Right to Equality
15 Prohibition of Discrimination
16 Equality in case of Public Employment
17 Abolition of Untouchability
18 Abolition of Titles
19 Right to Freedom
19A Freedom of Speech & Expression
19D Right to move freely in India
19G Freedom to practise any profession
21 Right to Life and Personal Liberty
21A Right to Education
23 Prohibition of human trafficking and forced labour
24 Prohibition of child labour
25 Freedom to practise & propagate religion freely
29 Prohibition of Interests of Minorities
32 Remedies for enforcement of Fundamental Rights
44 Uniform Civil Code
50 Seperation of Judiciary from Executive
51A Fundamental Duties
72 Powers of President to Grant Pardons etc.
76 Attorney-General of India
78 Duties of PM
85 Sessions of Parliament, Prorogation & Dissolution
100 Voting in Houses
105 Powers and Privilege of MPs
106 Salaries and Allowances of MPs
109 Money Bills
112 Budget
148 Comptroller and Auditor-General of India
280 Finance Commission
312 All India Services
335 SCs and STs claim to Services and Posts
343 Official Language
352 National Emergency
356 President's Rule
360 Financial Emergency
368 Ammendment of Constitution

Schedules

List in the Constitution that categorise and tabulate bureaucratic activity and policy of the government

Learning Way

  • TEARS OF OLD PM
  • territory
  • emoluments
  • affirmation/oaths
  • rajya sabha
  • scheduled areas
  • other scheduled areas
  • federal provisions
  • official languages
  • land reforms
  • defection
  • panchayat
  • municipalities

Schedule 1

  • Article 1 and 4
  • List the states and territories of india
  • Lists any change to their borders and the laws used to make that change

Schedule 2

  • Lists the salaries of officials holding public offices, judges and CAG

Schedule 3

  • Forms of Oath
  • Lists the oath of offices for elected officials and judges

Schedule 4

  • Details the allocation of seats in Rajya Sabha per state or ut

Schedule 5

  • Provides for administration and control of scheduled areas and schduled tribes
  • These areas and tribes need special protection due to disadvantageous conditions

Schedule 6

  • Provisions made for administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram

Schedule 7

  • Article 246
  • The union, state and concurrent lists of responsibilities

Schedule 8

  • Article 344(1) and 351
  • The official languages

Schedule 9

  • Validation of certains acts and regulations
  • Land reforms

Schedule 10

  • Anti-defection provisions for MP and Members of state legislatures

Schedule 11

  • Panchayat Raj
  • rural local government

Schedule 12

  • Municipalities
  • urban local government

Writs

Power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen .

Habeas Corpus

  • You must have the body
  • Bring the detained person before the court so as to enable the court to decide the validity, jurisdiction or justification for such detention
  • Gopalan vs GoI

Quo Warranto

  • What is your authority
  • Used to judicially control executive action in the matter of making appointments to public offices under relevant statutory provisions

Mandamus

  • Command issued by a court directing an authority to perform a public duty imposed upon it by law
  • Bombay Municipality vs Advance Builders

Certiorari

  • inform
  • issued by Supreme Court (Art. 32)
  • issued by High Court (Art. 226)
  • direct inferior courts, tribunals or authorities
  • transmit to the court the record of proceedings disposed of or pending therein for scrutiny, and, if necessary, for quashing the same
  • But can not be called for an act or ordinance

Prohibition

  • issued when inferior court or tribunal
    • proceeds to act without jurisdiction or in excess of jurisdiction
    • proceeds to act in violation of rules of natural justice
    • proceeds to act under a law which is itself ultra vires or unconstitutional
    • proceeds to act in contravention of fundamental rights

Amendments

Amendment Year Importance
7 1956 Reorganisation of states on linguistic basis and abolition of class A, B, C and D states
42 1976 Fundamental Duties prescribed, India became Socialist Secular Republic
44 1978 Right to Property deleted
45 1980 Extended the period of SC/ST reservation for 10 more years (till 1990)
52 1985 Defection to another party after election made illegal
61 1989 Voting age reduced to 18 from 21
86 2002 Free and compulsory education to children b/w 6 and 14
101 2016 GST

FR, FD, DPSP

Fundamental Rights

  • Part III (Article 12-35)
    • |Article|Deals With| |-------|----------| |12|Definition of Fundamental Rights| |13|Laws inconsistent with or in derogation of Fundamental Rights| |14|Equality before law| |15|Prohibition of Discrimination| |16|Equality in case of Public Employment| |17|Abolition of Untouchability| |18|Abolition of Titles| |19|Right to Freedom| |19A|Freedom of Speech & Expression| |19B|Freedom to assemble peacefully and without arms| |19C|Freedom to form associations or unions| |19D|Right to move freely in India| |19E|Freedom to reside and settle in any part of the territory of India| |19F|Freedom to practice any profession, or to carry on any occupation, trade or business| |19G|Freedom to practise any profession| |20|Protection in respect of conviction for offenses| |21|Right to Life and Personal Liberty| |21A|Right to Education| |22|Protection against arrest and detention in certain cases| |23|Prohibition of human trafficking and forced labour| |24|Prohibition of child labour| |25|Freedom to practise & propagate religion freely| |26|Freedom to manage religious affairs| |27|Freedom as to payment of taxes for promotion of any particular region| |28|Freedom as to attendance at religious instruction or worship in certain educational institutions| |29|Protection of Interests of Minorities| |30|Right of minorities to establish and administer educational institutions| |31|Compulsory acquisition of property| |32|Remedies for enforcement of Fundamental Rights|