Constitutional Law

Ans: Minerva Mills' Case 

Ans: 51(A)(g) 

Ans: Any part without disturbing the basic structure.  

(A) Olga Tellis’ case (B) Mohini Jain’s case (C) Unnikrishnan’s case (D) In Re: Kerala Education Bill. Ans: Mohini Jain's Case

Ans: Article 227 in The Constitution Of India 1949:  227. Power of superintendence over all courts by the High Court (1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction (2) Without prejudice to the generality of the foregoing provisions, the High Court may (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and sha...

Ans: State Emergency or President Rule under Article 356 :  It is imposed for an initial period of six months and can last for a maximum period of three years with repeated parliamentary approval after every six months. The 42nd amendment act of 1976 extended the initial time duration of President Rule from 6 months to 1 year.

Ans:  Article  50 of Indian Constitution refers to about separation of Judiciary from the state.  Article 50 of the Constitution ensures entire independence of the judiciary as well as frees it from executive control. It comprises one of the Directive Principles of State Policy and states that the state shall take steps to separate the judiciary from the executive.

Ans: The judiciary is liberated to determine the appointments, transfers as well as salaries and amenities  rendered to the judicial officer or the judges. It is the liberty of the judiciary from the other institutions or organs of the State.

Ans: Meaning and Scope of Article 21 of Indian Constitution The right to life in Article 21 of Indian constitution does not mean animal existence or the mere act of breathing. It guarantees the right to a dignified life. Some of the rights that are currently included in the ambit of Article 21 includes (mentioned in Menaka Case): Right to live with human dignity. Right to the decent environment including pollution-free water and air and protection against hazardous industries. Right to livelihood. Right to privacy. Right to shelter. Right to health. Right to free education up to 14 years of age. Right to free legal aid. Right against solitary confinement. Right to a speedy trial. Right against handcuffing Right against inhuman treatment. Right against delayed execution. Right to travel abroad. Right against bonded labor. Right against custodial harassment. Right to emergency medical aid. Right to timely medical treatment in a government hospital. Right not to be driven out of a state. ...

Ans:  Article 21 states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thus, article 21 secures two rights: 1) Right to life, and 2) Right to personal liberty. This right is available to all citizens as well as non-citizens alike.  Supreme Court has described this right as the “heart of fundamental rights” According to Justice Bhagwati, Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Article 21 secures two rights: The right to life and the Right to personal liberty. Article 21 cannot be suspended during an emergency. 

Ans: The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. In eighty sixth amendment,  article 21 A of Indian Constitution was inserted and it mentions about right to compulsory education for both boys and girls from six to fourteen years of age. 

Ans: There are five articles in Right to freedom i.e., Article 19, Article 20, Article 21, Article 21 A and Article 22. 

Ans:  If everyone is not equal in eyes of law. If there is discrimination on the basis of religion and caste and it may be for titles, etc.  If there is unequality of opportunity in public employment means public employment has not the quota. If there is Untouchability for low castes and if titles are given on the basis of caste. 

Ans: Abolition of titles are mentioned under Article 18 and equality of opportunity in public employment are mentioned under Article 16 of Indian Constitution.  

Ans: The abolition of Untouchability is mentioned under Article 17 of Indian Constitution.  

Ans: There are five fundamental rights in right to equality.   1. Equality before law. 2. Prohibition of Discrimination . 3. Equality of opportunity in public employment.  4. Abolition of Untouchability . 5. Abolition of titles. Right against exploitation and Prohibition of discrimination are different.  

Ans: The next three fundamental rights are Right to freedom of religion, Cultural and Educational Rights, Right to constitutional remedies.  The first three fundamental rights were for individuals and the next three fundamental rights were for community.  

Ans: The first three fundamental rights are Right to Equality, Right to freedom, Right against exploitation.

Ans: The balancing of Fundamental rights is a constitutional necessity as every right gives rise to a corresponding duty . Besides, in a democratic setup participation of the citizens in the process of governance and nation building is a fundamental obligation. So, the fundamental rights are the one which empower us. Fundamental duties were not added in the original Constitution . It was added to the Constitution under Part IV A, Article 51 A by the 42nd amendment 1976. The fundamental duties are not binding and therefore, they do not impose an obligation in the strict sense. The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and uphold India's unity. Fundamental Rights are an integral part of the Constitution; hence, they cannot be taken away. Fundamental rights can be suspended during a national emergency.

Ans: The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. These guidelines must be kept in mind while formulating laws and policies for the people. However, it is not mandatory for the states to implement them.

Ans: National Emergency under Article 352 :  A national emergency modifies the quasi-federal system of government to a unitary one by granting Parliament the power to make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all state money bills are referred to the Parliament for its approval.  During an emergency, the term of the Lok Sabha can be successively extended by intervals of up to one year, but not beyond six months after the state of emergency has been revoked. Emergency can only be declared on grounds of "External aggression or war", also called as External Emergency & on the ground of "armed rebellion", also called as Internal Emergency. The President can declare such an emergency only on the basis of a written request by the Cabinet headed by the Prime Minister. State Emergency under Article 356 :  Emergency due to the failure of the constitutional machinery in the states. This is...

Ans:  In a crisis or in response to an emergency, martial law may be declared in order to maintain control over the situation . Martial law is a short set of regulations issued by military authorities in a designated area during a crisis when the civil government is deemed unable to function. There is no implicit mention of Martial Law in the Indian constitution with the exception of Article 34 which gives Parliament the power to indemnify persons in respect of acts done in territories where martial law was in force and to legitimize such actions.

Ans: A minority in the territory of a State means it is not the majority. Objectively, that means that an ethnic, religious or linguistic group makes up less than half the population of a country . Muslims, Sikhs, Christians, Buddhists, Jain and Zorastrians (Parsis) have been notified as minority communities under Section 2 (c) of the National Commission for Minorities Act, 1992. As per the Census 2011, the percentage of minorities in the country is about 19.3% of the total population of the country.

Ans: Human trafficking is the business of stealing freedom for profit. In some cases, traffickers trick, defraud or physically force victims into providing commercial sex. In others, victims are lied to, assaulted, threatened or manipulated into working under inhumane, illegal or otherwise unacceptable conditions. Article 23 of Indian Constitution mentions about Prohibition of traffic in human beings and forced labour.

Ans:  Article 20 mentions protection with respect to conviction of offences. First, it establishes that no one should be convicted for any offence other than those violating the law in force at the time of the commission of the offence and also, one couldn’t be penalised with a greater punishment than what existed at the time of the commission of the act. Second, no one could be convicted and punished more than once for the same offence involving the same set of facts. Third, no one should be compelled to produce such evidence and information which could be used against him during trial incompetent judicial tribunals.

Ans: Article 19 of Indian Constitution mentions protection of 6 rights concerning the freedom of  Speech and expression Assembly Association Movement Residence Profession 

Ans: The Article 17 of the Indian Constitution is important for the eradication of the practice of untouchability against the lower castes in the Indian society . Anyone still following or practising untouchability is considered as an offence which is punishable by law.

Ans:  Equality before law means that no one is above the law of the land. Thus it has slightly negative connotation. It means that law does not discriminate on the basis of birth, position, gender or other personal attributes. Thus, privileged, underprivileged and unprivileged are equal before law. Equal protection of law means that law provides equal opportunities to all those who are in similar circumstances or situations. This concept is slightly positive in connotation.

Ans: Derogation of fundamental rights ( Article 13)  Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right and at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.

Ans: On the basis of relationship between the centre and the units, the governments may be classified as unitary and federal. In a unitary government, all the powers of government are vested in the central government whereas in a federal government, the powers of government are divided between the centre and the states. 

Ans: A census counts the population of a nation, state, or other geographic region . It records information about the population's characteristics, such as age, sex, and occupation. The Census Act was enacted in the year 1948 to provide a plan for conducting population census along with the duties and responsibilities of census officers . The Government of India decided in May 1949 to take steps to develop a systematic collection of data on population size, its growth, etc.

Ans: At its core, the NRC is an official record of those who are legal Indian citizens. The National Register of Citizens (NRC) is an exercise by the Indian government to recognise and expel illegal immigrants pursuant to Section 14A of the Citizenship Act, 1955 read with the Foreigners Act, 1946. The National Register of Citizens (NRC) is meant to be a register of all Indian citizens whose creation was mandated by the 2003 amendment of the Citizenship Act, 1955. The Citizenship (Amendment) Act, 2019 has been notified on 12.12. 2019 and has come into force w.e.f. 10.01. 2020. Till Now, the Government has not taken any decision to prepare National Register of Indian Citizens (NRIC) at National Level. Further, Government decided to update the National Population Register (NPR) under the Citizenship Act, 1955 along with the first phase of Census, 2021.

 Ans: Foreigners Division Acquisition of Indian Citizenship (IC)  Indian citizenship can be acquired by birth, descent, registration and naturalization. The conditions and procedure for acquisition of Indian citizenship as per the provision of the Citizenship Act, 1955 are given below:  (1) By Birth (Section 3) A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents. A person born in India on or after 1st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth. A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.  An ?illegal migrant? as defined in section 2(1)(b) of the Act is a foreig...

Ans: Supplemental means completing or making an addition to, particularly to a document - for example, a supplemental complaint, supplemental claim, or supplemental proceeding. Supplemental means in addition to.  

Ans: Article 1 in the Constitution states that India, that is Bharat, shall be a Union of States. The territory of India shall consist of: The territories of the states, The Union territories and Any territory that may be acquired. The Government of India, whose legal name is "Union of India" as per Article 300 of the Indian constitution. The name of the union given in the Constitution is India i.e. Bharat.

Ans: The Constitution is considered the supreme law of a country because it serves as the foundation for the legal framework and governance of a nation. Constitutional law establishes rules and procedures by which governments legislate, or make laws . For example, the process for enacting new laws or amending existing laws, the method of amending the constitution and the number of terms or years a member of the legislative body may serve. Constitution is considered as Supreme law of the land because any laws made by the state government which is violating any of the rules or provisions of the Constitution will be considered void or it will have no effect.

Ans: Justice: Citizens cannot be discriminated against on the grounds of caste, religion and gender. Fraternity: Fraternity refers to a sense of brothers and sisterhood among the country's citizens and a sense of belonging . Article 14 to 18 aims to remove any social inequalities. Fraternity refers to a spirit of brotherhood among the people of the land . India is a land of immense diversity, so the spirit of brotherhood assures dignity to all citizens and the country's unity and integrity.

Ans:  Sovereignty of India : India is a sovereign state. It means that India is a supreme power and no internal groups or the external authority could undermine the authority of the Indian government . As a sovereign state, India is free from any kind or form of foreign interference in its domestic affairs. Socialist in Indian Constitution:  The word socialist was added to the Preamble of the Indian Constitution by the 42nd amendment act of 1976, during the Emergency. It implies social and economic equality. Social equality in this context means the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, or language. Secularity in Indian Constitution:  The word 'secular' was added to the preamble of the Indian constitution in the year 1976 by the 42nd amendment act. It means that the citizens have complete freedom to follow and practice any religion . Unlike countries like the United Kingdom and Pakistan, India does not have any official rel...

Ans: Preamble is an introduction or a preface, for instance to a book, a written document, speech, etc that explains its purpose. So, the preamble of Indian Constitution is an introduction of Indian Constitution.