Atish Mathur

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§ Rule No 1: Democratic Mandate:
§ Before performing a higher democratic function, a minimum democratic mandate is essential.
§ Corollary: If democratic mandate does not exist then, function cannot be carried out by the authority

§ Examples:

§ Easy: AIS : To be a Minister, one must be an MP (if not now, within 6 months) WHY?

§ Moderate: Recommendations of the Finance Commission of India are NOT binding on the
government (WHY?)
§ Difficult: An Ordinance is a temporary law drafted by the Council of Ministers assented to by
the President in the absence of the Parliament. (WHY?)

ATISH MATHUR : Telegram : t.me/csepaper2atish

§ Rule no 2: Federalism:
§ Whenever there is a conflict between the Centre and the states, the Centre shall overpower the states. In
such a case, to make the states feel better, the Centre shall give the states a superficial appeasement.
(hollow candy)

§ C>S, Candy ----- > Hollow Candy

§ Examples :

§ Easy: AIS – Recruited by the Centre, Majorly working at the states. (C>S).
§ Candy? Hollow?

§ Moderate: Governor - Recruited by the Centre, Always working at the states. (C>S).
§ Candy? Hollow?

§ Difficult: President Election = (LS + RS + SLA)elected members ONLY

§ President Impeachment = (LS + RS) Elected and Nominated members

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 § Rule No 3 and 4 :

§ A. Inter Separation of Powers

§ B. Intra Separation of Powers

§ C. Inter Checks and Balances

§ D. Intra Checks and Balances

§ (refer diagram)

§ Examples –

§ Judge Removal

§ Conduct of a Judge

§ Conduct of an MP

§ Mandamus Writ

§ Constitutional Bodies

§ Joint Sessions etc.

ATISH MATHUR : Telegram : t.me/csepaper2atish

ATISH MATHUR : Telegram : t.me/csepaper2atish
 Laws that Laws that don't
amend the amend the
Constitution Constitution

Outside Art
Under Art 368 Ordinary Bill Money Bill Financial Bill
368

Not Affecting
Affecting states
states

Need to ask No Need to

states Ask states
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 Constitution

Schedules Preamble

Parts

Articles

Clauses

Sub-Clauses
Atish Mathur : Telegram : t.me/csepaper2atish
§ Basics:

§ Based on Objectives Resolution made by Pt. Nehru which was later adopted by the
Constituent Assembly in 1947
§ Mentions the objectives that the Constitution seeks to establish and promote
§ Has been amended once via the 42nd Constitutional Amendment of 1976

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§ WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

§ [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its

citizens:
§ JUSTICE, social, economic and political;
§ LIBERTY of thought, expression, belief, faith and worship;
§ EQUALITY of status and of opportunity; and to promote among them all

§ FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation];
§ IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

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§ Is the Preamble part of the Constitution – YES (Keshavanada Bharti v State of Kerala)
§ Is the Preamble enforceable in a court of law – NO
§ Can the Preamble be amended – YES

§ Can laws be made based on the Preamble – YES

§ Can laws be made SOLELY based on the Preamble – NO

§ Can laws be challenged SOLELY based on them violating the Preamble - NO

§ Can the SC rely on the Preamble for interpretation – YES
§ Can the SC solely rely on the Preamble for interpretation – NO

Atish Mathur : Telegram : t.me/csepaper2atish