CS SHUBHAM MODI.

8087676157

➢ 395 ARTICLES, 22 PARTS & 12 SCHEDULE

➢ 26TH JANUARY,1950

PREAMBLE

Resolved to Constitute India into a

SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC Secure to all

Its citizen Justice, Liberty, Equality, Fraternity.

Structure of Constitution (Keshavananda Bharathi vs. State of Kerala)

➔ Basically federal with unitary features

-> Dual Government -> Citizenship

-> Distribution of Power -> Residuary Power
-> Independence of Judiciary -> Mode of formation
-> Written Constitution -> Position of state in federation
-> Rigid Procedure for Amendment ->Emergency power
->Supremacy of constitution

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STATE: - ARTICLE 12

(a) Government & (b) Government & (c) All local & other authority
Parliament of India Legislature of each State
I) within the territory of India
II) Under the control of GOI

Local Authority -> Municipality, District Board

Other Authority -> Body created by Constitution or Statue

3) Test for determining whether entity is an instrumental or agency of Govt.

Entire share capital Assistance of state Monopoly Deep & Function Dept.
held by Govt. To meet expenditure pervasive are of transfer
Of Corporation control public to
Importance corporation

4) ARTICLE 13

Article13 (1) Article13 (2)

Existing Law (Pre-constitutional Law) Future Law

Will become void to extent they are any law made inconsistent with
Inconsistent with fundamental right. Fundamental Right will be void.

5) DOCTRINE OF SEVERABILITY

➔ Only that part become void which is Inconstitute with FR.

➔ If void part can be separated and give effect to legislature intent then valid part will be legal
(otherwise whole law will be illegal and void).

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6) DOCTRINE OF ECLIPSE (Bhikaji Narain Dhakras vs. State of MP)

➔ Existing Law inconsistent with FR will be inoperative from date of commencement of

Constitution, will not be dead, will become dormant, eclipsed, but will become effective if
Fundamental Right is removed.

7) DOCTRINE OF WAIVER (Bashershar Nath vs CIT)

Not allowed/open to citizen to waive Fundamental Right.

8) RIGHT TO EQUALITY (ARTICLE 14)-Applicable to every person, citizen as well as sovereign.

Equality before Law (-ve term) Equal Protection of Law (+ve term)

Absence of special privilege in favor Equal should be treated equally.

Of any individual. Law cannot favor [e.g. Income Tax Slab].
Someone.

Legislative Classification (Ram Krishna Dalmiya vs Justice Tendulkar)

• Forbids class legislation not classification.

• Classification should show who are included & excluded.
• There should be Nexus (reasonable) relationship.
• Classification can be on ground of different basis i.e. geographical basic, object, occupation or the like.
• Single individual can be treated as a class.

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9) Prohibition of Discrimination on ground only of religions etc.

(ARTICLE15)

No discrimination No citizen shall be subjected Special provision

On ground only of to disability with regards to: - for women &
Religion, race, caste, (a) access to shop, public restaurant, hotels, children
Sex, place of birth, place of public entertainment.
Any of them b) use of wells, tanks, bathing Ghats, road or
Resort maintained out of wholly or partially ARTICLE 15 (3)
Statement

ARTICLE 15 (1)
ARTICLE 15 (2)

ARTICLE 15 (4) say that special provision for SC, ST, socially & education backward classes of citizen.

10) Equality of opportunity in matter of public employment (ALL CITIZENS)

(ARTICLE 16)

Equal opportunity in the Prohibits discrimination against

Matter of employment citizen on ground of religion, race,
Or appointment of caste, sex, place of birth or residence.
Office.

ARTICLE 16(1)

State can make prohibition for reservation of appointment or post for backward class.

11) ARTICLE 17 says untouchability is abolished & its practice is forbidden. It’s a punishable offence.
[ABOLITION OF UNTOUCHABILITY]

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12) ARTICLE 18 ABOLITION OF TITLE

State shall not give title like sir, Rai Bahadur etc.
(Military or academic titles can be given)

13) ARTICLE 19
FREEDOM OF SPEECH & EXPRESSION

➢ 19(1)(a) -> All citizen shall have right to freedom of speech & expression
• Right to make good or bad speech
• Right include not to speech
• Freedom of press & publish one’s opinion is also included
• Freedom of peaceful demonstration, dramatic performance, and cinematography included.

RESTRICTION :- (a) Sovereign and Integrity of India,(b) Security of State,(c) Friendly relation with foreign State,(d) Public
order,(e) Decency or Morality,(f) Contempt of Court,(g) Defamation,(h) Incitement of offence.
CASES

Bijoe Emmanuel K. A. Abbas Narmada Bachao Andolan

Vs vs vs
State of Kerala Union of India Union of India

Person cannot be Pre censorship of this right is not a license

Compelled to sing film is justified. To misrepresent order of
National Anthem. Court.

14) FREEDOM OF ASSEMBLY

➢ 19(1) (b) -> All citizen have right to assemble peaceful and without arms.
Reasonable Restriction -> (a) Sovereign and Integrity of India, (b) Public order

15) FREEDOM TO FORM ASSOCIATION AND UNION

➢ 19(1) (c) -> All citizen have right to become or not to become member of association.
Reasonable Restriction -> (a) Sovereign and Integrity of India, (b) Public order, (c) Morality

16) FREEDOM OF MOVEMENT

➢ 19(1) (d) -> Right to move freely throughout the territory of India. It does not include to travel abroad.
Reasonable Restriction -> (a) In the interest of the general public, (b) Protection of the interest of any schedule
tribe.

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17) FREEDOM OF RESIDENCE

➢ 19(1) (e) -> Right to reside and settle in any part of territory of India.
Reasonable Restriction -> (a) In the interest of the general public, (b) Protection of the interest of schedule tribe.

18) RIGHT TO TRADE, OCCUPATION, PROFESSION or BUSINESS

➢ 19(1) (f) -> All citizen have right to practice any profession, trade, occupation, business.
Reasonable Restriction -> (a) In the interest of the general public, (b) Professional or technical qualification,
(c)State can create monopolies.

19) PROTECTION AGAINST Ex-Post Facto Law [ARTICLE 20(1)].

➢ Applicable to criminal cases & substantive law.

➢ No individual will be convicted for acts done, when that particular act was
lawful.
➢ Law declaring an act illegal cannot have retrospective effect.

20) PROTECTION AGAINST Double Jeopardy [ARTICLE 20(2)].

➢ No person can be prosecuted and punished for the same offence more than once.

21) PROTECTION AGAINST Self-Incrimination [ARTICLE 20(3)]

➢ Accused can’t be compelled to state anything that goes against him.

Condition

He must accused There must be Compulsion should result in

Of an offence. Compulsion to giving evidence against
Be witness. Himself.

22) RIGHT TO LIFE & PERSONAL LIBERTY (ARTICLE 21)

• No person shall be deprived of his life or personal liberty except according to procedure established by Law.
• Procedure established by law means procedure established by statute or prescribed by Law of the state.
CASES

Philips Alfred Malvin [Link] Kharak Singh

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vs vs vs
Y.J Gonsalvis State of madras State of UP

Right to life include right Narrow meaning was given Personal liberty is not limited to
To make life meaningful. To expression personal liberty. Bodily restraint

• Right to travel abroad is included within expression ‘personal liberty’. (Satwant Singh vs Assistant Passport
Officer)
• Right to personal liberty includes right to bail, public interest, litigation, right to free legal.

23) RIGHT AGAINST ARREST (ARTICLE 22)

Safeguard

Person can’t be such person will have right should be produces in nearest magistrate
Arrested without to consult & defended within 24 hours of arrest excluding Time
Informing him by Lawyer. Of Journey (cannot be detained beyond
Grounds for such 24 hours)
Arrest

But the above safeguards are not applicable to alien enemies and
Person arrested or detained under preventive detention

Preventive Detention

Detention of a person Objective is not to punish neither offence is proved Person likely to commit
Without trial. But to prevent him from nor charge is formulated. Act forbidden by Law.
Doing it.

Safeguard against Preventive Detention

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Person cannot be detained beyond Parliament can prescribed Ground should be communicated to person
3 Month unless Advisory Board max. Period for detention. Detained & opportunity of making
Consisting High Court Judge Order. Presentation against order should be given.

If detention is valid -> 2 years imprisonment.

If detention is not valid -> Free immediately.

24) RIGHT AGAINST EXPLOITATION (ARTICLE 23 & 24)

➢ Applicable to citizen as well as non-citizen

1) Prohibition of Traffic in Human Being & forced Labour (ARTICLE 23)

Complete ban on traffic in human Traffic in human being means to Beggar means involuntary work
Being, beggar & forced Labour. Deal in men & women like goods. Without payment.

2) ARTICLE 24 prohibits employment of children below the age of 14 year in any factory or mine
[PROHIBITION OF EMPLOYMENT OF CHILDREN]

25) ARTICLE 21A [RIGHT TO EDUCATION] -> State shall provide free & compulsory
education to all children of the Age of 6 to 14 years.

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26) RIGHT TO FREEDOM OF RELIGION (ARTICLE 25 to 28)

ARTICLE 25 -> Follow & promote own religion ARTICLE 26 -> Maintain institution for religion purpose

I) Person has right to follow & promote his religion. Guarantee to every religious denomination of the
ii) Equal respect for all religion following right:-
I) Right to establish religious charitable purpose.
ii) Right to manage own affairs.
iii) Right to own & acquire movable and immovable
property
iv) Right to administer property.

ARTICLE 27-> No tax if charity towards religious ARTICLE 28 -> No religious instruction in any
Purpose. Education Institution.

I) Person can’t be compelled to pay tax. No religious instruction shall be provided in any
Ii) Proceeds of which are spent for expenditure Education Institution wholly maintained out of state
Of promotion of particular religion. Fund.

27) ARTICLE 29 AND 30 (CULTURAL AND EDUCATIONAL RIGHT]

➢ ARTICLE 29 -> I) All citizen in India have right to converse their language, script or culture.
ii) No citizen shall be detained for admission into any educational institution
Maintained by State on ground of religion, race caste, language or any of them.
➢ ARTICLE 30 -> I) All minorities have right to establish & administer educational institution
ii) State shall not discriminate any educational institution on ground of minority.

28) SUPPLEMENTARY PROVISION

ARTICLE 33 ARTICLE 33 ARTICLE 33

Power of parliament to restrict Parliament can identify any Parliament can by express provision
Or abrogate FR to member of person in services of union or state can restrict FR.
Armed forces, para. Military for act done during martial law.
Forces, police forces &
Analogous force.

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29) ARE FUNDAMENTAL RIGHTS ARE ARMENDABLE

1] 2] 3] 4] 5]

Fully amendable No power to amend 24th Parliament can 42nd

(368 ARTICLE) FR. (Golaknath vs State (Amendment) amend any part (Amendment)
(Shankari Prasad vs of Punjab) 1971 of constitution 1976.
UOI 1951) Parliament has power including FR but
To amend FR cannot alter basic unlimited power to
Structure or amend constitution
Framework of (during emergency)
Constitution.
(Keshavananda 6]
Bharathi Basic structure should
Vs State of Kerala) be preserved.
(Minerva Mill Ltd. Vs
UOI)

30) DIRECTIVE Not enforceable in courts.

PRINCIPLES
Court can declare Law invalid if it contravenes Directive Principles.

Court can’t compel Govt. to carry out Directives.

IMPORTANT OF DIRECTIVE PRINCIPLES

(a) Promotion of welfare of people (b) Organize Village Panchayats

(c) Equal justice and free legal aid (d) Just and Human condition for work
(e) Right to work, education. (f) Protection of environment
(g) Protection of places of National (h) Free and compulsory education for children
Importance.

If there is conflict between FR and DP, earlier FR will prevails, now Harmonious Construction is given

31) FUNDAMENTALS DUTIES

▪ Respect National Flag, Nation Anthem

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▪ To safeguard public property & to abjure violence.

▪ Uphold & protect sovereignty, unity of India.
▪ Improve national environment
▪ Including forest, lakes, rivers etc.
▪ Defend county.
▪ Value & Preserve rich heritage of our composite culture.
▪ To promote harmony & spirit of Brotherhood.
▪ Protect National Environment.

32) ORDINANCE MAKE POWER OF PRESIDENT (ARTICLE 123)

When both houses or one not President will take advice of Ordinance laid before Parliament
In session. Council of Minister. When reassemble.

Ordinance will cease if disapproved or not approved within 6 weeks.

33) ORDINANCE MAKE POWER OF GOVERNOR (ARTICLE 213)

(Same as of ordinance making power of Parliament) (Parliament is substituted with State Legislative)

GOVERNOR TO TAKE INSTRUCTION FROM PRESIDENT

Bill contain same provisions Governor thinks to reserve Act contains same provision
Which require approval of bills for consideration of require consideration of
President. President. President.

34) DISTRIBUTION OF LEGISLATIVE POWER

Territorial Subject Matter

Parliament -> Whole or part of India

State Legislative -> Whole or part of State Union (List 1) State (List2) Concurrent (List 3)

35) POWER OF PARLIAMENT TO MAKE LAW ON STATE LIST

In national interest during proclamation Breakdown of On request of Enforcing International

Of emergency constitutional machinery 2 or more state agreement

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36) RULES APPLIED TO INTEREST LEGISLATIVE LISTS

Harmonious Construction Pith and Substance Colorable Legislation

Entries in different list to be Particular law deals with subject what you cannot do directly cannot
Interpreted in a way to give in one list also touches subject do indirectly.
Effect to both & to avoid in another list then true object of
Conflict. Legislation is to be determined.

37) Delegated Legislation -> Legislation delegating power of law to other authorities like executive and judiciary.

38) FREEDOM OF TRADE, COMMERCE & INTERCOURSE

301 302 303 304 305

Trade, commerce & Parliament can impose Parliament cannot Taxation can be Constitution is
Intercourse in India is restriction in public prefer one State over be imposed for not affected by
Free. Taxation can be interest. Other. Goods coming Article 301
There. From another state except
President order

39) (REMEDIES) WRITS -> ARTICLE 32

• HABEAS CORPUOS

To have body, detained person to be produce before Grounds of detention to be

Magistrate within 24 hours (excluding communicated.
Time of Journey)

If not fulfilled, person will be set free

It is available to the person confined without legal justification.

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• MANDAMUS

Command Issued to direct any person, requiring him or Particular thing which is of
Corporation, Inferior, youth, court. It to do. Public duty.

Mandamus can’t be issued against the president or Governor (Discretionary remedy of court)

• PROHIBITION

Issue to inferior court. Preventing them to take it commands inactivity.

Jurisdiction not vested in it.

• CERTIORARI

Available to any person if judicial authority acts Issued by High Court

I) without or excess of jurisdiction.

ii) Contravention of Natural Justice.
iii) Error on face of record.

Issued after order is passed.

• QUO-WARRANTOR

What is your authorities? Asking to vacant office if he is a Issued when

Usurper.
Office is of public & substantive nature.
Created by Statue or by Constitution itself.
Respondent asserted his claim to office.
(Discretionary remedy of court)

40) CLASSIFICATION OF SUBORDINATE LEGISLATION

Executive Judicial Municipal Autonomous Colonial

Legislation Legislation Legislation Legislation Legislation

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SELFNOTES.

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