Constitutional Law - II

Study Material
Prepared by:

Sameer Hussain (1729-15-831-010)

Sultan-ul-uloom College of Law, Banjara Hills, Hyderabad
Ph.No: 798-106-1494

Prepared
A Kind Note:by:
ThisSameer
is a self Hussain,
made study material useful for the topics in exam point of view,
Roll No: 1729-15-831-010
it is to be very clear that this do not claims to be a legal text of LL.B syllabi.
Material
Sultan-ul-uloom wasoftyped
College Law,speedily, spelling
Banjara Hills, mistakes imperceptibly may be avoided.
Hyderabad
Ph.No: 798-106-1494
 Constitutional Law

Big Questions:

1. Explain the provisions retaining to appointment, powers and functions

of President of India.
2. Explain constitution and functions of Supreme Court and high Courts
specified in Constitution.
3. How Governor is appointed? What are powers of Governor and
grounds of removal of Governor?
4. Briefly explain Legislative administrative and financial relation between
Union and states.
5. Explain the provisions of Trade Commerce and Intercourse with
relevant exceptions.
6. Explain the provisions relating to emergency, it kinds and effects.
7. Explain the procedure of amendment in the constitution.
8. Explain the functions of Parliament proceedings and powers of
speakers of Parliament.
Short Answers

1. Election Commissioner.
2. Veto power.
3. Money bill.
4.
5. Financial emergency.
6. Public Service Commissions.
7. Writs.
8. Parliamentary privilege.
9. Advocate General and attorney General.
10. Advisory jurisdiction.
Q5. Explain constitution and functions of H.C. and S.C.

Ans: S.C is highest court of the country. Situated in Delhi. There is one

Chief Justice and so other judges in S.C. Chief Justice get 1,20,000 lakhs

salary per months and other 1,00,000 salary per month. In addition to this

every judges get car, driver, servant security staff, banglow and other

facilities appoint all the judges. Following conditions should be fulfilled to

appoint S.C. judges.

1. He must be citizen of India.

2. If such person is H.C. Judge then minimum 5 years experience is

necessary.

3. Any advocate of S.C. having minimum 10 years standing.

Powers of S.C: Following are power of S.C. specified from Article 124 to

145.

1. Original Jurisdiction: Any matter of constitution can be directly filed

in S.C it can interpret and enforce any provisions of constitution.

2. Appellate-e-Jurisdiction: Appeal from every H.C is allowed to S.C.

in civil and criminal matters after hearing. There is power of S.C. to

confirm, alter and set-aside judgement.

3. Advisory Jurisdiction: President have power to take advice of Chief

Justice of S.C. in constitutional matter. Such advisor is not banding of

president.
4. Writ jurisdiction: A writ can be filed under Article 32 in S.C. for

enforcement of fundamental right S.C. can give proper remedy.

5. Miscellaneous power:

1) Chief Justice administration oath to president of India.

2) S.C. can give direction to H.C. judge of one H.C. to other H.C.

3) On advice of S.C. President can transfer judge of one H.C. to other

H.C.

4) It can make rules and regulations for all court in India.

5) It can punish for contempt of court.

6) It can make inspection of work of H.C.

Retirement age of S.C. Judge is 65 years. After retirement he should not

practices in any court.

High Court: 214 to 230 Articles

In every state there is a H.C. and it superior court of the state. In every

H.C. there is one Chief Justice and no of other judge according to

requirement. All judges are appointed by President of India. Chief Justice

or H.C. get salary 1,00,000 per months and other judge Rs.80,000 per

months. In addition to this every judge can get a car, driver, bungalow,

servant and security staff following are condition to appoint H.C. Judge.

1) He must be citizen of India.

2) Judge of District court having minimum 5 years experience.

3) Advocate of the H.C. having (10) years experience.

Powers of H.C.:

1. Original Jurisdiction: Any matter of court citation can be directly filed

in H.C it can interpret and enforce any provisions of constitution.

2. Appellate-e-Jurisdiction: Appeal from District Court, Labour Court,

State Tribunal, is allowed to H.C. There is power of H.C. to confirm,

alter and set-aside judgement of subordinate court.

3. Advisory Jurisdiction: Governor can to take advice of Chief Justice

of H.C. in constitutional matter. It is not banding of Governor.

4. Writ jurisdiction: Under Article 226 writ can be filed in H.C. for

enforcement of fundamental right. Appeal from H.C. allowed to S.C.

5. Miscellaneous power:

a) Chief Justice of H.C., administration oath to Governor of India.

b) H.C. can give direction to district court.

c) HC appoints sub-ordinate staff.

d) HC Judge make inspection f Sub-ordinate court.

e) It can punish for contempt of court.

f) HC can transfer sub-ordinate court Judge.

g) It can make rules to be followed by all court in state.

h) There is power of H.C. to admit appeal from district court and

decides it.

i) Judgement of H.C to be followed by Sub-Ordinate Court in similar

matters.
 Retirement of HC 62 years after retirement he can practice only

in S.C. and not other court.

This is details S.C. and H.C. in constitution.

*_ ( Law Student Federation )_*

Q 6. How President is appointed? Explain his powers and functions.

Ans: President is head of Union Govt. President is elected by members of

Parliament and State assemblies following conditions to fulfil to appoint

President.

1) He must be citizen of India.

2) He should not be employee for any profit.

3) He should not be unsound

President get 1.5 lakhs salary per months and in addition to this a

Car, driver, bungalow, servant, security staff and other facilities. Term of

appoint of President is 5 years.

Powers of President:

1) Legislative Power: Any Law enacted by Parliament becomes Act

or law only after signature of President. President appoint, Prime

Minister, Central Minister, Speaker of Parliament and Vice

President, President can remove any minister.

2) Military Power: President has power to order military or defence

force. President can declare the war with any country or withdraw

the war.

3) Executive Power: President has powers to appoint some

administrative officers such as Election Commission, member of

U.P.SC, Member of Central Human Right Commission, Minority

Commission and finance Commission.

4) Rule Making Power: When parliament not in session and any law

is necessary then President can make such law or rule. It is in force

for six-month period and after that approval of Parliament is

necessary.

5) Emergency Power: President have power to declare emergency in

the country. In consultation P.M. and cabinet Ministers. President

can also withdrawn the emergency, if govt is not functioning properly

formed.

6) Financial Power: In order to introduce new tax or to borrow loan

from Foreign country or to drawn money from consolidated fund of

India. Prior permission of President is necessary.

7) Judicial power: President appoint all judge of S.C. and H.C.

president can transfer judge of one H.C. to other H.C. President can

also remove judge of H.C. or S.C. according to procedure.

 8) Miscellaneous powers:

a) President administrators oath to S.C. judge.

b) President can take explanation about administrative work from

P.M.

c) President alter or condone punishment given by any court.

d) President appoint Governor of every state and transfer Governor

from one state to other state.

e) President can address members of Parliament.

This detail about appointment and powers of President in Indian

Constitution.

*_ ( Law Student Federation )_*

Q 7. Explain various provisions enshrined in constitution relating to

relationship between Union and States.

Ans: There is relation between Union govt and State Govt., which is

legislative, administrative, financial. It is specified from Articles 245 to 263

of the constitution. It includes following points.

1) Law of Central Govt: When Parliament pass any Act then all state

have to abolished it because there is legislative relationship.

2) Administrative Officers: Central Govt. appoint I.A.S. and I.P.S.

officers in all superior departments in the state to carry

administration. It is called as administrative relationships.

3) Representative from the States: They are elected from the states

has members of Parliament. Therefore all states have

representation in Parliament.

4) Governor: Central Govt. appoint Governor in every state and state

govt have to cooperate with Governor.

5) Taxation: There are some taxes collected in the state by Central

Govt. such as I.T., excise duty, custom duty and central sales tax, it

is financial relation between Union and State.

6) Disputes between states: When there is disputes between status

dispute.

7) : When any Govt is not functioning properly in the

rule till new Govt. is formed.

8) Discussion of State Matter: There is power of Union or Parliament

to discuss any important matter of the state and take decision.

9) Financial Assistance: When there is any problem in the state such

as Earthquake, flood, drought, storm, then C.M of State can demand

financial assistance from Union and it has to give it.

By above appoints it is clear that there is legislative, administrative

*_ ( Law Student Federation )_*

Q 8. What are constitutional provisions relating to trade, commerce

and intercourse and relevant exceptions to it?

Ans: Them is freed trade, commerce and transportation throughout

territory of India. Regional restrictions are allowed in trade. Commerce

and Transportation. These restrictions are specified from article 301 to

307 of constitution. Which are as follows: -

1) Income Tax: When any trade or commerce is done and income

exceeds permissible limit then party have to pay income tax.

2) Sales Tax: When there is sale of the goods then seller have to pay

sales tax unless goods are exempted from sales tax.

3) Turn over Tax: When the total transaction is 40 lakhs are above

then party have to pay TOT tax.

4) Entry Tax: When goods are brought from any for sale within

municipal limit then party have to pay entry tax.

5) Excise Duty: When there is manufacturing of goods then

manufacturer have to pay excise duty.

6) Customs Duty: When goods are brought from other country in

India. Then party have to pay customs duty.

7) Entertainment Tax: When anybody is running theatre business

then he has to pay entertainment tax.

8) Permit: There should be permit of one or more states to a truck.

Entry of any truck without permit is prohibited.

 9) Licence: In order to start any business licence is necessary such as

municipal licences, sales tax licences.

10) Professional Tax: Professional Tax have to be paid by all

small businessman and service people.

These are reasonable restrictions even though trade,

commerce and transportation is allowed freely throughout territory

of India.

Short Answers:

2) Citizenship:

It is necessary to live in India for indefinite period. Detail of citizenship

is from article 5 to 11 of constitution. It is acquired by following methods.

1) By Birth: When child takes birth in India then by birth he get citizenship.

2) By Parents: Child may take birth in any country. Parents can brings

the child because they are the citizens of India.

3) By marriage: When girl of any country perform marriage with boy of

India. Then she gets citizenship.

4) By Annexation (Attached): When any territory is attached with India.

Then all people in the territory acquired citizenship.

5) By Resident 15 years: Citizen can enjoy all fundamental rights, get

any education, job, right to voting, right to contest election and future

generation get citizenship.

3) Definition of state:

The term state has been defined under article 12 state is having fixed

territory and population with in the territory state includes followings

points.

1) All Central govt and state govt Department.

2) Defence force of India.

3) All the courts in India.

4) All Public companies, corporation and institutions.

5) All Banks, Universities, Educational Institution, Zila Parishad and

Municipal Corporations.

6) Railway, State Transports, Airlines, come under definition of state.

When any case, is filed, against above authority, then state is one of

the party state does not includes shops and private industries.

4. Doctrine of Judicial Review:

Judicial review means of reconsider same matter. When there is error

in judgment, then some court or superior court can make judicial review.

It includes following point:

1) Party have to file petition for Judicial review.

2) It can be done by same court or superior court.

3) Copy of judgement to be enclosed with review petition.

4) Errors or mistakes to be mentioned in the petition.

 5) Judge make hearing of both sides.

6) Judge have power to reconsider the judgement and declare new

judgement by rectification of errors.

7) H.C. and S.C can overrule, earlier judgement under judicial review.

Therefore, purpose of Judicial review is to rectify the errors in

applications of law.

5. Fundamental duties:

In 1976 there was 42 amendments and article 51A have been added

and Ten fundamental duties have been mentioned for citizens. Which are

as follows:

1) To respect national flag.

2) To respect national anthem.

3) To respect women and mentioned there dignity.

4) To protect public and private property from violence.

5) To protect all the animals.

6) To protect all the forest.

7) To protect historical places.

8) To maintain healthy environmental.

9) To preserve human values.

10) To develop science and technology.

6. Doctrine of eclipse:

Any bill to be passes by Lok Sabha and Rajya Sabha and it should

be signed by President of India then is becomes law or the Act. Doctrine

of eclipse includes following points:

1) Bill is passed in Lok Sabha by majority.

2) Bill to be sent to Rajya Sabha for discussion and to pass it.

3) Rajya Sabha can return the bill with commendation.

4) Lok Sabha can again consider the recommendations and pass the

bill.

5) When Rajya Sabha reject the fill or did not pass, then Doctrine of

eclipse applicable.

Such bill cannot become the law, according rule of Doctrine of

eclipse.

7. Public Service Commission:

1) Union Public Service Commission.

2) State Public Service Commission.

UPSC: UPSC is having one Chairperson and five other members

appointed by President of India. If conduct all India level examinations for

I.A.S and I.P.S and select the candidates by conducting interview and
recommend to the Govt. For their appointment Central Govt appoint them

on Superior post in various states.

: It is every state. There is one Chairperson and five members.

This commission also conduct examinations, interview and recommend

the candidates for various administrative posts in the state.

8. Emergency:

President have power to declare emergency in the country or

president rule in the state. In consultation with Prime Minister and Cabinet

1) Emergency because of War 352 Article.

2) Emergency because of internal disturbance 356.

3) Financial emergency 360.

When India declare war on other country declare war with. India,

then this emergency can be declare. In 1962 there was War with china

and in 1971 war with Pakistan and this emergency was declared.

When there is disturbance in many parts of the country. Then this

emergency can be declared. In 1977 election of Indira Gandhi declare has

invalid by Allahabad High Court and there was disturbance in many parts

of the country. Then this emergency was declared.

Financial emergency declare when money value come down,

inflation increase and economic crime increase. Then it can be declares

so far this emergency was not declares in India.

Effect of emergency is all fundamental right. Suspending and no writ

petitions can be filed in court. It is like dictatorship in the country. For the

security of people and the country.

9. Amendment in constitution:

It can be done according to article 368. It includes following points:

1. Drafting of bill: Legal expert draft the bill according to direction

ministry.

2. Introduction in Lok Sabha: Speaker of Parliament writ the bill in

Parliament for discussion and debate.

3. Alternation: If member subject any alteration or change in bill then

they do it.

4. Second reading: After alternation again there is second reading of

the bill.

5. Voting: There is voting on the bill and more than 50% members

have to vote in favour of the bill then it is passed in Lok Sabha.

6. Introduction in Rajya Sabha: When Lok Sabha pass the bill then

it is introduce in Rajya Sabha for discussion again there is voting

Rajya Sabha and more than 50% members have to vote in favour

of bill. Then it is passed in Rajya Sabha

7. Signature President: When both house passed a bill then it is send

for signature of the President. After signature of President bill is

passed and there is amendment in constitution.

10. Writs:

Under Article 226 writ can be filed in H.C. and under Article 32

in S.C. for enforcement of Fundamental Right. There are five kinds of

Writs.

1) Writs of habeas-corpus: When there is arrest and detention done by

Public authority or Private party. Contrary to law or procedure then

this writ can be filed.

Ex: Police officers arrest a person and keep in custody for our

weak without taking remand from court. According to producers

arrested person should be produce before magistrate within 24

hours. There is violence of Producer and habeas corpus. Court may

order to realise arrested persons.

2) Writs of Maritimes: This writ is to force public officers to do legal

duty. When any public officer or department is not doing legal duty
 or causing unreasonable delay to do the duty. Then court may pass

order to do it. Under this writ.

Ex: A have applied to M.C. permission for construction of

house if permission not given without reason then court may order

to give permission and to do legal duty.

3) Writ of prohibition: This is judicial writ available from S.C. against

H.C. and H.C. from against Sub-ordinate court. When any court

entertain any case without justification then it is prohibited.

Ex: A Civil judge entertain taxation matter. There is no

jurisdiction of Civil and it is prohibited under this writ.

4) Writ of certiorari: This writ is also judicial unit. When any judge is

violating principal of natural justice. Then case is transferred to other

judge or other court under this writ.

Ex: Judge is relative of Advocate or the party appearing in that

case under this writ case will be transferred to other judge or other

court.

5) Writ of Quo-Warranto: When any public officers misuse his power

or do ultra vireos Act then it is control under this writ.

Ex: Principal of a college agave admission without following

reservation rule this is misuse of power and all admission can be

cancelled under this writ.

Therefore all this writs are to enforce F.R.

11. Kinds of constitution:

There are different kinds of constitution.

1. Written constitution and unwritten constitution: When any

constitution is written and it is clean on record then it is written

constitute our constitution

2. Federal Constitution: In this constitution powers are divided into

Union and the states. India constitution is federal.

3. Unitary Constitution: In this constitution all powers are vested in

Central Govt. And state had no powers or limited powers.

4. Communist Constitution: This constitution is China and there is very

less gap between rich and poor. A limit is given for property and

excess property is taken way by the Govt.

12. Governor:

He is the head of state Govt. appointed by President for five years

terms. President can remove governor at any time without giving any

reason. Governor get 1.25 lash salary and in addition to Bungalow, car,

staff, driver etc.

Powers of Governor:

1) Executive Powers: He appoint some executive such as Vice-

Chancellor of Universities in the State, Members of State Public

Service Commission, Members of State Women Right Commission.

 2) Judicial Powers: He administrative oaths to all H.C. Judges. He can

suspend appointment given by any court.

3) Legislative Powers: Any bill passed by assembly becomes laws

after signature of Governor.

4) Advisory Powers: Governor can take advice of Chief Justice of H.C.

in constitutional matters of Govt. Such advice in recondatory for

Governor.

13. Educational right of Minorities:

Minorities have following educational right under article 29 and 30.

If include Muslim Minorities and Christian Minorities. This right are as

follows:

1) They can establish educational institutions and give education in

any medium.

2) Then can do management of education institution.

3) They have right to do admissions to their own student and if seats

are vacant then they can give admission to others.

4) They can performance to their own people in employment.

5) They can make additional rules and regulations.

6) They can conduct their own entrance.

These rights are given to Minorities to promote their education.

14. Freedom of Religion:

There F.R of religion to all the citizens mentioned from Articles 25

to 28 of constitution. It includes following points.

1) Citizens have right to profess religion of their choice.

2) There is right to make conversion of religion.

3) There is right to publish book articles relating to religion.

4) There is right to deliver public addresses relating to religion.

5) There is right to perform religion ceremony.

6) Right to take religion procession.

7) Right to establish religion institution.

8) Right to create trust for religious purpose.

9) Right to give donation for religious purpose.

10) Right to perform marriage in any caste or religion.

16. Directive Principles of State Policy:

There are number of directive principle specified from Article 37 to

51. These are future programmes which govt may implement but can

challenged if not implemented. These provisions are as follows:

1) State can make the scheme for welfare of the people.

2) Equal pay to be given for equal work.

3) Maternity benefit to be given to women workers.

4) Free and compulsory education to be given to all children under 14

years age.

5) State to protect Forest, wild animals and historical places.

6) Nutritious food to be given to poor children in the school.

7) Reservation to be given to B.S., S.C., S.T., in education and

employment.

8) State to make uniform civil code for all the citizens.

9) National resources to be distributed throughout the country.

10) Judiciary to made independent not under pressure of govt. or

the people.

11) State to protect public and private property from violence.

12) Better wages to be given to workers to improve their standard

of living.

13) State to provide better environment to people by Minimising

population.

14) State to encourage agriculture by provide facilities to formers.

15) State to protect country from any war.

Therefore many

- - The End - -

*_ ( Law Student Federation )_*

All the Best; from Law Students Federation