In Re : Berubari Union (1960) in this case supreme court said
that preamble is not the part of the Indian Constitution, Because it
came before the part of Indian constitution.
After the case of Keshwanand Bharti 24 April 1973 its define the
basic structure of the Indian Constitution and Supreme court said
that Preamble is part and parcel of Indian constitution (Integral part
of Indian Constitution).
[This InRe Berubari case is a landmark in indian constitutional law
because it clarified that any change to India’s territory needs a
constitutional amendment, not just an ordinary law reinforcing that
the Constitution’s basic framework can’t be altered casually.]
Indian Citizenship Act is the first law in India (1955).
अपरिग्रह यह एक जीवन मूल्य है जिस्मे कम से कम सामग्री में जीवन
व्यतीत करना होता है। In english it is termed as minimalism.
अचोर्य - किसी दूसरे की वस्तु पर नज़र नहीं रखना ।
Human Right Doctrine (1948 Dec 10) UN. – Universal Declaration of
Human Right - all men are born free and equal. Hansa Mehta
request change the word men to human.
NALSA vs Union of India (2014) – SC allow transgender to
human for equality.
Right to equality 14 to 18 in article 17 abolition is abolished 1949.
Sabrimala case, (justice Nagratna said wether women
untouchable for 3 days in a month?).
In article 18 – No title will be placed before any name.
Joseph Shine V Union of India 2018 – justice Nariman ‘ women
is neither the slave nor the property of the men’
{Husband ~ Husbandry}
{for application of foreign visa there were mention is that who is
your civil living partner}
Constitutional morality
sati pratha – Mohit V State of Rajasthan, Umi v Emperor
ERP – essential religious practice. (kya ye aapkey dharm ke mulya
me hai agar hai to isko fir constitutional morality se check kiya
jayega)
Protection of civil rights act 1955 – section 4 – in public place
who follow that religion where religious practice occurred can not
deny entry in that place for worship.
Justice Krishna Iyer and justice P.N. Bhagwati – a letter is
consider as a petition in case of violation of fundamental right, U/S
32 of Constitution of India.
In DPSP Plato ideal state is included.
Right to education article 45 is justiciable in nature but it is in dpsp,
reads with article 21
Mohini Jain v State of Karnataka – right to education for 6 to 14
year children. Free and compulsory education.
Dharmachakra pravartan – sarnath, first speech of Buddha after
enlightenment – sarnath.
Potti Sriramulu said that the state should be reorganised
according to linguistic manner.
First state formed according to linguistic manner is Andhra Pradesh.
Providing urban amminities to rural areas PURA – 2020 doctrine
given by [Link] Kalam.
Union of India v Rajendra N Saha 2021 - some article of co-
operative societies become inoperative by the Supreme Court of
India.
Tribunal :- Institutions with limited judicial powers. (eg NGT –
National Green Tribunal)
CAT – Central Administrative Tribunal.
Franchise :- मताधिकार it is a constitutional word.
PUCL v Union of India – voting right is a legal right. Because
Universal Adult Franchise here adult derives form Indian
majority act.
Schedule – Think of the constitution like a big rulebook. The article
(1 to 395) are the main chapters explaining the rules. But some
information is too long, too detailed, or too list-like to fit inside an
Article – so it’s put in a separate appendix at the end. These
appendices are called Schedules.
So schedule = an attached list or table that gives extrea
details/support to an Article.
Every Schedule is linked to some Article – it’s not standalone.