V-TEST-1

● Indian Constitution is a living document: allows changes if society demands- provides flexibility of
interpretation for both political class and the Judiciary e.g Basic structure doctrine.

● Government has the power to increase or decrease the reservation- Ministry of Home Affairs and the
Department of Personnel and Training instruct on Reservation for the Scheduled Castes, Scheduled Tribes,
and Other Backward Classes in services- Article 341(1): procedure for including a caste in “Scheduled Castes”;
State governments propose to modify the Schedule, and proposals if agreed by both the Registrar General of
India and the National Commission for Scheduled Castes then introduced as a Bill in Parliament.

● Directive Principles:
1) the goals and objectives that society should adopt
2) certain rights that individuals should enjoy apart from the Fundamental Rights
3) certain policies that the government should adopt

● Federation: Two governments; division of powers; written Constitution; supremacy of Constitution; independent
judiciary and bicameralism. term Federation is not mentioned in the Constitution. Article 1 describes India as
a ‘Union of States’.

● A high court powers over subordinate courts:

1) Governor consults HC in appointment, posting and promotion of district judges and in the appointments of
state judicial services
2) HC deals with posting, promotion, a grant of leave, transfers, and discipline of the members of the state
judicial service.
3) It can withdraw a case pending in a subordinate court if it involves a substantial question of law that requires
the interpretation of the Constitution and can either dispose by itself or determine the question of law and
return the case to the subordinate court with its judgment.
4) Its law is binding on all subordinate courts within its jurisdiction.

● High court as a court of record: the power to review and correct its own judgment.

● Article 131 Supreme Court of India has exclusive jurisdiction over center-state/ inter-state disputes.

● Article 25- Available to both citizen and non-citizen- covers both religious beliefs (doctrines) and religious
practices (rituals)- rights are subject to public order, morality, health etc.

● Article 20- Onlyfor criminal proceedings- protect against arbitrary and excessive punishment to a citizen or
foreigner - has three provisions: No ex-post-facto law; No double jeopardy; No self-incrimination including oral
evidence and documentary evidence but does not exclude compulsory production of material objects, give
thumb impression, specimen signature, blood specimens, and compulsory exhibition of the body.

● Article 33- Parliament(not state legislature) to restrict or abrogate the fundamental rights of armed forces,
paramilitary forces, police forces (even though state subject), intelligence agencies, and analogous forces.

● The Central administrative tribunals(CAT)- original jurisdiction over recruitment and all service matters of
public servants. Its jurisdiction extends to the all-India services, the Central civil services, civil posts under the
Centre and civilian employees of defense services but excludes the members of the defense forces, officers and
servants of the Supreme Court and the secretarial staff of the Parliament.

● National Emergency- Article 19 can be suspended only when the National Emergency is declared on the ground
of war or external aggression and not on the ground of armed rebellion- Article 359 authorises the president to
suspend the right to move any court for the enforcement of Fundamental Rights, (except for Articles 20 to 21)
during a National Emergency.

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 V-TEST-1

● Parliamentary government in India: 1)Presence of nominal and real executives; 2)Majority party rule;
3)Collective responsibility of the executive to the legislature; 4)Membership of the ministers in the legislature;
5)Leadership of the Prime Minister or the Chief Minister 6)Dissolution of the lower house- but Indian
Parliament is not a sovereign body like British Parliament.

● NRI is an Indian citizen and does not require a visa- OCI cardholder is a person registered under section
7A of the Citizenship Act, 1955. For OCI:
1) Multiple entry lifelong visa for any purpose
2) Parity with NRIs in respect of all facilities in economic, financial, and educational fields except in matters
relating to the acquisition of agricultural or plantation properties
3) Parity with NRIs in the matter of inter-country adoption of Indian children,
4) Parity with Non-Resident Indians (NRI) in respect of entry fees to be charged for visiting the national
monuments, historical sites and museums in India.

● Article 350-B- added by 7th Constitutional Amendment Act of 1956 in Part XVII for a Special Officer for
Linguistic Minorities- Constitution does not specify the qualifications, tenure, salaries and allowances, service
conditions and procedure for removal of the Special Officer for Linguistic Minorities

● Article 1- Indian territory can be classified into three categories: 1. States territories 2. Union territories 3.
Territories acquired by the Government of India at any time. The Territory of India includes all 3 where as
‘Union of India’ includes only states.

● Liberty, equality and fraternity cannot be divorced. Without equality, liberty would produce the supremacy of the
few over the many. Equality without liberty, would inhibit individual initiative.

● States Reorganisation Commission- Fazl Ali as chairman- K M Panikkar and H N Kunzru were members-
formed in Dec1953 and submitted report in Sept1955- broadly accepted language as the basis of reorganisation
but rejected the theory of ‘one language-one state’. It identified four major factors for reorganisation of states: 1)
Preservation and strengthening of the unity and security of the country, 2) Linguistic and cultural homogeneity,
3) Financial, economic and administrative considerations, 4) Planning and promotion of the welfare of the people
in state as well as of the nation as a whole.

● SC Vs HC writ powers
Supreme Court High Court
only for the enforcement of fundamental rights For the enforcement of any law
Under Art 32 that itself is a fundamental right Under Art 226
SC can’t refuse writs HC has discretion to accept or reject

● Zonal Councils: statutory (and not constitutional) bodies- established by the States Reorganisation Act of 1956,
except the North- Eastern Council which was created by North-Eastern Council Act of 1971- only deliberative
and advisory bodies- consist of Home minister of Central government, Chief ministers of all the States in the
zone, Administrator of each union territory in the zone- Each Chief minister acts as a vice-chairman of the
council by rotation, for a one year.

● The 102nd Amendment Act, 2018- constitutional status to National Commission for Backward Classes- added
Article 338B of the Indian Constitution)- under the Ministry of Social Justice and Empowerment.

● Article 49- Directive Principle of State Policy- directs the state to protect monuments, places and objects of
artistic or historic interest which are declared to be of national importance.

● Cession of Indian territory to a foreign state- only by amending the Constitution under Article 368- does not
require prior recommendation of the President- must be passed in each House by a special majority.

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● President’s Rule in a state- President dismisses the state council of ministers headed by the chief minister- the
President either suspends or dissolves the state legislative assembly- Parliament passes the state legislative bills
and the state budget- President cannot assume to himself the powers vested in the concerned state high court or
suspend the provisions of the Constitution relating to it.

● Government of India Act, 1919 ( Mongtagu-Chelmsford reforms)- introduced dyarchy at the provinces
(Government of India Act, 1935introduced Dyarchy at the centre)- bicameralism and direct elections in the
country- provided separate electorates to Sikhs, Indian Christians, Anglo-Indians and Europeans- provided for
establishment of a public service commission.

● Features of Democracy- final decision making power rest with those elected by the people- free and fair
election- each adult citizen must have one vote and each vote must have one value- democratic government rules
within limits set by constitutional law and citizens’ rights.

● Both the Parliament as well as the state legislatures can concurrently make a law of preventive detention.
However, Parliament has exclusive authority to make a law of preventive detention for reasons connected with
defence, foreign affairs and the security of India. The detention of a person cannot exceed three months unless an
advisory board reports sufficient cause for extended detention.

● Right to Information Act of 2005 created Central Information Commission and State Information Commission
at the state level. (no Information Commissions at the district level)

● State Public Service Commission- chairman and members are appointed by the governor but removed only by
the President.

● CBI- not a statutory body- derives power from the Delhi Special Police Establishment Act, 1946 but was not
created by it- conducts prosecution of cases under the Lokpal and Lokayuktas Act, 2013-Director of CBI
appointed on the recommendation of a three-member committee of the Prime Minister as Chairperson, the Leader
of Opposition in the Lok Sabha and the Chief Justice of India or Judge of the Supreme Court nominated by him.

● President’s Rule imposed if- Hung Assembly- constitutional direction of the Central government is disregarded
by the state government-Internal subversion-But Maladministration in the state won't attract president rule.

● Duty to cast a vote is not a fundamental duty.

● Habeas corpus-court orders that the arrested person should be presented before it.
Mandamus- issued when the court finds that a particular officeholder is not doing legal duty thus hampering
right of an individual.
Prohibition- issued by a higher court when a lower court has considered a case going beyond its jurisdiction.
Quo Warranto- If a person is holding office but is not entitled to hold that office.
Certiorari- the court orders a lower court or another authority to transfer a matter pending before it to the higher
authority or court.

● All states and UTs in India do not have a Lokayukta e.g. Jammu and Kashmir, Puducherry and Telangana- The
lokayukta and upalokayukta are appointed by the governor with consultation of the chief justice of high court,
and leader of Opposition in the state legislative assembly.

● Sardar Swaran Singh Committee, 1976- recommended fundamental duties to be included as a separate chapter
in the Constitution- Two recommendation were not accepted: 1.The Parliament may impose penalty or
punishment for non-compliance; 2.Duty to pay taxes should also be a Fundamental Duty

● The Constituent Assembly was composed roughly along the lines of the Cabinet Mission.

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● 86th Constitutional Amendment Act 2002- 1)Introduced article 21A making Right to Education a
Fundamental Right for children between 6-14 years age. 2)Added Fundamental Duty ‘to provide opportunities
for education to his child between 6-14 years age.

● (Elections = political competition)-Regular Elections incentivise political parties, if they raise public issues,
their chances of victory will increase.

● The term ‘law’ in Article 13 include the following- Permanent laws enacted by the Parliament or the state
legislatures-Temporary laws like ordinances- Statutory instruments in the nature of delegated legislation- Non-
legislative sources of law, that is, custom having the force of law.

● Indian Constitution has asymmetric federalism e.g special status to Jammu and Kashmir ( Art. 370) and the
North-East (Art. 371).

● Minerva Mills case,1980- Harmony and balance between the Fundamental Rights and the Directive Principles
is the basic structure of the Constitution.

● Lokpal and Lokayuktas Act (2013)- 1) Lokpal jurisdiction: Prime Minister, Ministers, MP and Union
government officers under Groups A, B, C and D- 2) Lokpal has a Chairperson with a maximum of 8 members of
which 50% shall be judicial members- 3)50% of the members of the Lokpal to be the SCs, the STs, the OBCs,
minorities and women- 4)The Chairperson and the members are selected by a Selection Committee consisting of
the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief
Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice of India and an eminent jurist to
be nominated by the President of India on the basis of recommendations of the first four.

● No. of Lok Sabha constituencies- Bihar: 40, Mahrashtra: 48, Gujarat: 26, West Bengal: 42.

● National Human Rights Commission- statutory body (not a constitutional)-constitute a chairman and four
members- chairman should be a retired chief justice of India, One members should be serving or retired judges of
the Supreme Court, One member should be serving or retired chief justice of a high court and two persons having
knowledge or practical experience with respect to human rights- The chairman and members are appointed by the
president on the recommendations of a six member committee consisting of the prime minister as its head, the
Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses
of Parliament and the Central home minister.

● State Human Rights Commission- can inquire into violation of human rights only in respect of subjects
mentioned in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the
Constitution.

● Dr. B. R. Ambedkar wasn't part of the interim government of 1946.

● The term ‘republic’ in our Preamble-vesting of political sovereignty in the people- the absence of any
privileged class and hence all public offices being opened to every citizen- India has an elected head called the
president.

● Charter Act of 1853- an open competition system for Civil Services.

● Portfolio system-introduced by Lord Canning in 1859-recognised by Indian Councils Act 1861

● Article 360- president to proclaim a Financial Emergency(never declared)- satisfaction of the president is not
beyond judicial review-repeated parliamentary approval is not required for its continuation.

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 V-TEST-1

● Constitution 96th Amendment Act, 2011- change of Oriya Language to Odiya Language in the 8th
Schedule of Constitution of India.

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