Constitutional Law of India

[Edn. 2011(Pb)]

Contents

INTRODUCTION

· What is Constitution?	1
Q. Define Constitution	1
· Is Indian Constitution Federal?	1
Q. What are the federal features of Indian Constitution?	2

CHAPTER 2

SALIENT FEATURES OF THE INDIAN CONSTITUTION

Q. What are the salient features of Indian Constitution?

CHAPTER 3

THE PREAMBLE OF CONSTITUTION

Q. Define Preamble	7
¨ Ingredients of the Preamble	8
Q. What are the ingredients of the Preamble	8
· Preamble as Part of the Constitution	8
Q. Whether Preamble is a part of the Constitution?	8
¨ Objectives enshrined in the Preamble	8
1. Sovereign	8
Q. Define Sovereignty	8
2. Socialist	8
Q. Define Socialist	8
3. Secular	8
Q. Define Secularism	8
4. Democratic	9
5. Republic	9
6. Justice	9
7. Liberty	9
8. Equality	9
9. Fraternity	10
¨ Amendment to the Preamble	10
Q. Define Amendment procedure of the Preamble	10

CHAPTER 4

THE UNION AND ITS TERRITORY

· Article 1. Name and Territory of the Union	11
· Article 2. Admission or establishment of new States	11
· Article 3. Formation of new States and alteration of areas, boundaries or names of existing States	12
· Article 4 - Laws made under articles 2 and 3 to provide for the amendment of the First Schedule and the Fourth Schedule and supplemental, incidental or consequential matters	13

CHAPTER 5

CITIZENSHIP

1. Citizenship by Domicile	14
Q. Define citizenship by domicile	14
2. Citizenship of Migrants to India from Pakistan (Article 6)	15
3. Citizenship of Migrants to Pakistan (Article 7)	16
4. Citizenship of Persons of Indian origin residing outside India (Article 8)	16
· Article 9 - Person voluntarily acquiring citizenship of a foreign State not to be citizens	16
· Article 10 - Continuance of the rights of citizenship	16
· Article 11 - Parliament to regulate the right of citizenship by Law	16
¨ Citizenship Act, 1955	16
Q. Define provisions under Citizenship Act, 1855	16
1. By Birth	16
2. By Descent	17
3. By Registration	17
Q. Define Registration	17
4. By Naturalisation	17
Q. Define Naturalisation	17
5. By Incorporation of Territory	18
¨ Loss of Citizenship	18
Q. Define modes of loss of citizenship	18
1. By Renunciation	18
2. By Termination	18
3. By Deprivation	18
¨ Overseas Citizenship or Double Citizenship	19
¨ Can a Juristic person, company be a citizen of India	19
¨ One Citizenship in India	19

CHAPTER 6

FUNDAMENTAL RIGHTS

¨ Positive and Negative Rights	20
Q. Define State	21
¨ The Judiciary	23
¨ Clause (1). Existing Laws	25
(a) No Retrospective Effect	25
(b) The Rule of Severability	26
Q. Define the rule of severability	26
(c) The Doctrine of Eclipse	27
Q. What is doctrine of eclipse?	27
¨ Clause (2). Future Law	27
¨ Does the doctrine of eclipse apply to a post-constitutional law	27
Q. What are the post-constitutional law?	27
· Doctrine of Waiver	28
Q. Define doctrine of waiver with leading cases	28

CHAPTER 7

RIGHT TO EQUALITY

¨ Right to Equality and Equal Protection of Laws (Article 14)	29
Q. What is the difference between equality before law and equal protection of law?	29
· Legislative Classification	30
Q. Define legislative classification	30
· Test of Reasonable Classification	30
Q. Define guidelines enumerated in Ram Krishna Dalmia v. Delhi Admn	31
· New Approach to Equality	31
Q. Explain the E.P. Royappa case	31
Q. Explain the guidelines in case Vishaka case	33
· Equal Pay for Equal Work	34
Q. What is equal pay for equal work?	34
¨ Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15)	34
Q. Explain article 15	34
· On ground 'only'	36
Q. Define Indra Sawhney case	37
Q. What is backward or more backward classes?	37
¨ Equality of Opportunity in matters of public employment (Article 16)	39
Q. Define Article 16	39
Q. Explain the guidelines given by the Supreme Court in Indira Sawhney case	42
¨ Abolition of untouchability (Article 17)	45
Q. Define Article 17	45
¨ Abolition of Titles (Article 18)	45
Q. Define abolition of titles	45

CHAPTER 8

RIGHT TO FREEDOM

· Article 19. Protection of certain rights regarding freedom of speech etc	47
· Reasonable Restriction	49
¨ Freedom of speech and expression [Articles 19(1)(a), 19(2)]	49
Q. Explain the freedom of speech and expression	49
· Freedom of Propagation and Circulation	50
Q. What is freedom of press?	50
· Commercial Advertisements	50
· Freedom of Press	50
· Right against Tapping of Telephone Conversation	51
Q. Explain the right against tapping of telephone conversation	51
· Right to Fly National Flag and Sing National Anthem	51
· Right to Silence	51
· Right to Vote	51
Q. Define right to vote	51
· Right to Travel Abroad	52
· Censorship of Films	52
· Right to Telecast	52
· Right to Know	52
· Right to Information Act, 2005	52
Q. Explain the salient features of RTI, 2005	52
· Picketing, Demonstration and Strike	53
· Grounds of Restrictions	53
Q. What are the grounds of restriction under Article 19(2)?	53
¨ Freedom to Assemble [Article 19(1)(b), Article 19(3)]	53
¨ Freedom to form Association or unions [Article 19(1)(c), Article 19(4)]	54
¨ Freedom of Movement [Article 19(1)(d), Article 19(5)]	55
· Grounds of Restrictions	56
¨ Freedom of Residence, Articles 19(1)(e) and 19(5)	56
¨ Freedom of Profession, Occupation, Trade or Business Articles 19(1)(g) and 19(6)	57
Q. Explain the freedom of profession with the help of relevant cases	57
¨ Protection in respect of conviction for offences (Article 20)	58
· Article 20. Protection in respect of Conviction for offences	58
1. Ex post facto law: Article 20(1)	58
Q. Explain ex post facto law with the help of leading cases	58
2. Double Jeopardy Article 20(2)	59
Q. Define Double Jeopardy	59
· Prohibition against Self-incrimination - Article 20(3)	61
Q. What are the rights of an accused under Article 20(3)	61
(i) Accused of an offence	61
(ii) To be a Witness	62
(iii) Compulsion to give evidence "against himself"	62
¨ Protection of life and Personal Liberty (Article 21)	63
· Article 21. Protection of life and personal liberty	63
Q. Explain the facts in A.K. Gopalan case	63
· Right to Die Not included in article 21	67
Q. Whether right to die is included in right to life? Explain with the help of case laws	67
· Right to Education	68
Q. Define right to education	68
· Procedure Established by Law	70
¨ Right to Education (Article 21A)	70
¨ Prohibition against arrest and detention (Article 22)	70
Q. What is the difference between procedure established by law and due process of law?	70
Q. What are the rights of accused person under article 22?	72
¨ Preventive Detention laws (clauses 4 to 7)	73
Q. Explain preventive detention laws	73

CHAPTER 9

RIGHT AGAINST EXPLOITATION

· Article 23. Prohibition of traffic in human being and forced labour	75
(a) Begar	75
Q. What is Begar?	75
(b) Traffic in human beings	76
(c) Forced Labour	76
· Clause 2 of 23	76
· Article 24. Prohibition of employment of children in factories etc	76
Q. Explain Article 24	76

CHAPTER 10

RIGHT TO FREEDOM OF RELIGION

· Article 25. Freedom of Conscience and free profession, practice and propagation of religion	78
Q. Explain right to freedom of religion	78
· Restrictions on Freedom of Religion	79
Q. What are the restrictions on freedom of religion?	79
· Article 26. Freedom to manage religious affairs	80
· Article 27. Freedom as to payment of taxes for promotion of any particular religion	81
· Article 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions	81

CHAPTER 11

CULTURAL AND EDUCATIONAL RIGHTS

· Article 29. Protection of interests of minorities	82
Q. What are the cultural and educational rights?	82
· Article 30. Right of minorities to establish and administer educational institution	83
Q. Define the rights of minorities with the help of cases	83

CHAPTER 12

SAVING OF CERTAIN LAWS

· Article 31C. Saving of laws giving effect to certain directive principles

CHAPTER 13

RIGHT TO CONSTITUTIONAL REMEDIES

· Article 32. Remedies for enforcement of rights conferred by this Part	87
Q. What are the constitutional remedies?	87
Q. Define PIL with the help of case laws	88
· Article 33. Power of Parliament to modify the rights conferred by this part in their application to Forces etc	88
Q. What are the powers of Parliament relating to Forces?	88
· Article 34. Restriction on right conferred by this Part while martial law in force is in any area	89
· Article 35. Legislation to give effect to the provisions of this Part	89

CHAPTER 14

DIRECTIVE PRINCIPLES OF STATE POLICY

· Article 36. Definition	91
Q. Define the fundamentals in the governance of the country	91
· Article 37. Application of the principles contained in this Part	91
· Article 38. State to secure a social order for the promotion of welfare of the people	92
· Article 39. Certain principles of policy to be followed by the State	92
· Article 39A. Equal justice and free legal aid	93
Q. Define equal justice and free legal aid	93
· Article 40. Organisation of village panchayats	93
Q. Explain the organisation of village panchayat	93
· Article 41. Right to work, to education and to public assistance incertain cases	93
· Article 42. Provision for just and humane conditions of work and maternity relief	93
· Article 43. Living wages etc., for workers	94
Q. Explain the living wages for workers	94
· Article 43A. Participation of workers in management of industries	94
· Article 44. Uniform civil code for the citizens	94
Q. Define uniform civil code with the help of decided cases	94
· Article 45. Provision for early childhood care and education to children below the age of six years	94
· Article 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections	95
· Article 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health	95
· Article 48. Organisation of agriculture and animal husbandry	95
· Article 48A. Protection and improvement of environment and safe-guarding of forests and wild life	96
· Article 49. Protection of monuments and places and objects of national importance	96
· Article 50. Separation of Judiciary from executive	96
· Article 51. Promotion of international peace and security	97
¨ Relation between Fundamental Rights and the Directive Principles	97
Q. Explain the relation between fundamental rights and DPSP and also explain the supremacy over the other	97

CHAPTER 15

FUNDAMENTAL DUTIES

¨ Article 51A. Fundamental Duties	99
Q. Explain the fundamental duties	99
Q. Whether the fundamental duties enforceable on not?	100

CHAPTER 16

THE UNION EXECUTIVE

¨ (A) the President	101
• Article 52. The President of India	101
Q. Who is the executive head of the State?	101
• Article 53. Executive power of the union	101
Q. What are the executive powers of the union?	101
• Article 54. Election of President	102
Q. Define the process and manner of election of President	102
• Article 55. Manner of election of President	102
• Article 56. Term of office of President	103
Q. Define terms, eligibility and qualification for election as President	103
• Article 57. Eligibility for re-election	103
• Article 58. Qualification for election as President	103
• Article 59. Conditions of President's office	103
• Article 60. Oath or affirmation by the President	104
• Article 61. Procedure for impeachment of the President	104
Q. What is the procedure for impeachment of the President?	104
• Article 62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy	105
• Article 361. Protection of President	105
¨ (B) The Vice-President	106
Q. Define Vice-President and also explain election, terms and qualification required for Vice-President	106
• Article 63. The Vice-President of India	106
• Article 64. The Vice-President to be ex-officio Chairman of the Council of States	106
• Article 65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence of President	106
• Article 66. Election of Vice-President	106
• Article 67. Terms of office of Vice-President	107
• Article 68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy	107
• Article 69. Oath or affirmation by the Vice-President	108
• Article 70. Discharge of President's functions in other contingencies	108
• Article 71. Matters relating to, or connected with, the election of a President or Vice-President	108
¨ Powers of the President	109
Q. What are the powers of the President?	109
• Executive Powers of President	109
Q. Explain the pardoning power of President with the help of decided case laws	110
• Legislative Power of the President	110
Q. Explain the ordinance making power of President	111
• Article 73. Extent of executive power of the Union	112
¨ (C) Council of Ministers	113
Q. Define the election of Prime Minister and other Ministers	113
• Article 74. Council of Ministers to aid and advice President	113
• Article 75. Other provisions as to Ministers	113
Q. Explain in detail the S.R. Bommai case	114
• Article 78. Duties of Prime Minister as respects the furnishing of information to the President etc	115
Q. What are the duties of Prime Minister in respect of President?	115
¨ (D) Attorney-General For India	116
Q. Explain the Attorney-General of India	116
• Article 76. Attorney-General	116
• Article 77. Conduct of business of the Government of India	116

CHAPTER 17

THE PARLIAMENT

• Article 79. Constitution of Parliament	118
Q. How Parliament in constituted under article 19?	118
• Article 80. Composition of the Council of States	118
Q. Explain the composition of council of States	118
• Article 81. Composition of the House of the People	119
Q. Explain the composition of the House of the People	119
• Article 82. Readjustment after each census	120
• Article 83. Duration of Houses of Parliament	120
• Article 84. Qualification for membership of Parliament	120
Q. Explain the qualification for membership in Parliament	120
• Article 85. Sessions of Parliament, prorogation and dissolution	121
Q. Define the different sessions in Parliament with relevant case laws	121
• Article 86. Right of President to address and send messages to Houses	121
Q. Explain the office of Chairman and Deputy Chairman in council of States	122
• Article 87. Special address by the President	122
Q. When President address the said Houses of Parliament?	122
• Article 88. Rights of Ministers and Attorney-General as respects Houses	122
¨ Officers of Parliament	122
(A) Chairman/Deputy Chairman	122
Q. Explain the office of Chairman and Deputy Chairman in Council of States	122
• Article 89. The Chairman and Deputy Chairman of the Council of States	122
• Article 90. Vacation and resignation of, and removal from the office of Deputy Chairman	122
• Article 91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, chairman	123
Q. Define procedure for removal of the Chairman and Deputy Chairman?	123
• Article 92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration	123
(B) Speaker/Deputy Speaker	123
• Article 93. The Speaker and Deputy Speaker of the House of the People	123
Q. How are the Speaker and Deputy Speaker appointed in the House of the People?	123
• Article 94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker	123
• Article 95. Power of the Deputy Speaker, or other person to perform the duties of the office of, or to act as, Speaker	124
• Article 96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration	124
• Article 97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker	124
Q. Explain Speaker Protem	125
• Article 98. Secretariat of Parliament	125
¨ Conduct of Business	125
• Article 99. Oath or affirmation by members	125
• Article 100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum	125
¨ Disqualification of members	126
• Article 101. Vacation of Seats	126
• Article 102. Disqualifications for membership	126
Q. What are the disqualifications for membership to remove office?	126
Q. Explain the office of profit with the help of leading case laws	127
• Article 103. Decision on question as to disqualifications of members	128
• Article 104. Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified	129
¨ Powers, Privileges, and Immunities of Parliament and its Members	129
• Article 105. Powers, Privileges, etc., of the Houses of Parliament and of the members and committees thereof	129
Q. What are the powers and privileges of the member of Parliament?	129
¨ Parliamentary Privileges and Fundamental Rights	130
• Article 106. Salaries and allowances of members	130
¨ Legislative Procedure Articles (107-117)	131
• Article 107. Provisions in to introduction and passing of Bills	131
Q. What are the ordinary bills and what is the procedure of introduction and passing of bills	131
• Article 108. Joint Sitting of both Houses in certain cases	131
Q. When is the joint sitting of both Houses conducted by President	131
• Article 109. Special Procedure in respect of Money Bills	133
• Article 110. Definition of "Money Bills"	133
Q. Explain "Money Bills" what is the procedure for introduction and passing the Money Bills?	133
• Article 111. Assent to Bills	134
• Article 117. Special provisions as to financial Bills	134
• Distinction between Money Bills and Financial Bills	134
Q. Explain the distinction between Money Bills and Financial Bills	134
Q. Define Budget	135
• Article 120. Language to be used in Parliament	137
• Article 121. Restriction on discussion in Parliament	137
• Article 122. Courts not to inquire into proceedings of Parliament	137
Q. Explain Public Accounts Committee	138
Q. Explain Estimate committee	138
¨ Comptroller and Auditor-General of India (Articles 148-151)	139
• Article 148. Comptroller and Auditor-General of India	139
Q. Discuss in detail the office of CAG	139
• Article 149. Duties and powers of the Comptroller and Auditor-General	139
• Article 150. Form of accounts of the Union and of the States	139
• Article 151. Audit reports	139

CHAPTER 18

THE UNION JUDICIARY

• Article 124. Establishment and Constitution of Supreme Court	140
Q. How is Supreme Court established and constituted? Explain its detail with the help of case law	140
Q. What is the procedure to remove the judges?	143
• Article 128. Retired Supreme Court Judge	144
• Article 129. Supreme Court to be Court of Record	145
Q. What is court of record?	145
• Article 130. Seat of Supreme Court	146
¨ Jurisdiction of the Supreme Court	146
(A) Original Jurisdiction	146
Q. Explain the original jurisdiction with the help of case laws	146
• Article 32. Enforcement of Fundamental Rights	147
(B) Appellate Jurisdiction	147
• Article 132. Appellate jurisdiction of Supreme Court in appeals from High Courts incertain cases	147
• Article 133. Appellate jurisdiction of Supreme Court in appeal from High Courts in regard to civil matters	148
Q. What is the appellate jurisdiction of Supreme Court in civil cases as well in criminal cases?	148
• Article 134. Appellate jurisdiction of Supreme Court in regard to criminal matters	149
• Article 134A. Certificate for appeal to the Supreme Court	150
• Article 135. Jurisdiction and powers of the Federal Court	151
• Article 136. Special leave to appeal by the Supreme Court	151
Q. What is Special Leave Petition? Define with the help of case laws	151
Q. What are the guidelines which are enumerated with the Jagdish Chanana case?	152
• Article 143. Power of President to consult Supreme Court	154
Q. Explain the power of the President to consult Supreme Court? Also explain the leading case laws	154
• Article 141. Law declared by the Supreme Court to be binding on all courts	156
Q. Define the principle given in the Bengal Immunity case by Supreme Court	156
• Article 137. Review of judgements or orders by the Supreme Court	156
Q. Whether Supreme Court can review its judgments or orders?	156
• Article 138. Enlargement of the jurisdiction of the Supreme Court	156
• Article 139. Conferment on the Supreme Court of powers to issue certain writs	157
• Article 139A. Transfer of Certain cases	157
Q. What type of cases can be transferred from one High Court to another?	157
• Article 140. Ancillary powers of Supreme Court	157
• Article 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc	157
• Article 144. Civil and judicial authorities to act in aid of the Supreme Court	158
• Article 145. Rules of court, etc	158

CHAPTER 19

THE STATES

Q. Explain Governor, appointment of Governor and qualifications	160
Q. How can the Governor be removed from his office?	160
Q. Explain in details the powers of the Governor	161
Q. What is the difference between the pardoning power of the President and the Governor?	162
Q. Explain the ordinance-making power of Governor	162
Q. Explain the Council of States and what type of relationship exist between the Governor and tge Council of Ministers?	163
Q. Explain Legislative Assembly of State?	164
Q. Define Legislative Council	165
Q. Explain the qualification and disqualification for membership in State Legislature	166

CHAPTER 20

THE STATE JUDICIARY

Q. Judiciary is considered to be the guardian of Fundamental Rights – Explain	168
• Article 219. Oath or affirmation by Judges of High Court	169
• Article 220. Restriction on practice after being a permanent judge	169
• Article 221. Salaries etc., of Judges	169
• Article 222. Transfer of Judge from one High Court to another	170
Q. Explain the procedure of transfer of Judge from one High Court to another	170
• Article 223. Appointment of acting Chief Justice	170
• Article 224. Appointment of additional and acting Judges	170
• Article 224A. Appointment of retired Judges at sittings of High Courts	170
• Article 226. Power of High Courts to issue certain writs	171
¨ Writ jurisdiction of High Court	171
Q. Explain the writ jurisdiction of High Court	171
• Relation between Articles 32 and 226	172
Q. Explain the relation between articles 32 and 226	172
Q. Define “writ of certiorari”. Explain the grounds on which it can lie with the help of relevant case laws	172
Q. Define writ of prohibition and what is the difference between writ of certiorari and prohibition	174
Q. Explain the writ of mandamus?	175
Q. What are the grounds on which quo warranto can lie?	176
Q. Explain the Habeas Corpus. Who can apply their writ?	177
• When Habeas Corpus is refused?	177
• Article 227. Power of superintendence over all courts by the High Court	178
Q. Explain the superintendence power of High Court	178
• Article 228. Transfer of certain cases to High Court	179
Q. How can be a case transferred from one High Court to another High Court?	179
• Article 229. Officers and servants and the expenses of High Courts	179
• Article 230. Extension of jurisdiction of High Courts to Union territories	179
• Article 231. Establishment of a common High Court for two or more States	180
(D) Subordinate Courts (Articles 233-237)	180
Q. Explain the subordinate court	180

CHAPTER 21

THE UNION TERRITORIES

¨ Article 239. Administration of Union Territories	182
¨ Article 239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories	182
¨ Article 239AA. Special provisions with respect to Delhi	182
¨ Article 239AB. Provision in case of failure of constitutional machinery	184
¨ Article 239B. Power of administrator to promulgate Ordinances during recess of Legislature	184
¨ Article 240. Power of President to make regulations for certain Union territories	185
¨ Article 241. High Courts for Union territories	186
¨ Article 242. Coorg	186

CHAPTER 22

THE PANCHAYATS

¨ Article 243. Definitions	187
¨ Article 243A. Gram Sabha	187
¨ Article 243B. Constitution of Panchayats	187
¨ Article 243C. Composition of Panchayats	187
¨ Article 243D. Reservation of seats	188
¨ Article 243E. Duration of Panchayats, etc	189
¨ Article 243F. Disqualifications for membership	190
¨ Article 243G. Powers, authority and responsibilities of Panchayats	190
¨ Article 243H. Powers to impose taxes by, and Funds of, the Panchayats	190
¨ Article 243-I. Constitution of Finance Commission to review financial position	190
¨ Article 243J. Audit of accounts of Panchayats	191
¨ Article 243K. Elections to the Panchayats	191
¨ Article 243L. Application to Union territories	192
¨ Article 243M. Part not to apply to certain areas	192
¨ Article 243N. Continuance of existing laws and Panchayats	192
¨ Article 243-O. Bar to interference by courts in electoral matters	193

CHAPTER 23

THE MUNICIPALITIES

¨ Article 243P. Definitions	194
¨ Article 243Q. Constitution of Municipalities	194
¨ Article 243R. Composition of Municipalities	195
¨ Article 243S. Constitution and composition of Wards Committees, etc	195
¨ Article 243T. Reservation of seats	196
¨ Article 243U. Duration of Municipalities, etc	196
¨ Article 243V. Disqualifications for membership	197
¨ Article 243W. Powers, authority and responsibilities of Municipalities, etc	197
¨ Article 243X. Power to impose taxes by, and Funds of, the Municipalities	197
¨ Article 243Y. Finance Commission	198
¨ Article 243Z. Audit of accounts of Municipalities	198
¨ Article 243ZA. Elections to the Municipalities	198
¨ Article 243ZB. Application to Union territories	198
¨ Article 243ZC. Part not to apply to certain areas	198
¨ Article 243ZD. Committee for district planning	199
¨ Article 243ZE. Committee for Metropolitan planning	199
¨ Article 243ZF. Continuance of existing laws and Municipalities	200
¨ Article 243ZG. Bar to interference by courts in electoral matters	201

CHAPTER 24

THE SCHEDULED AND TRIBUNAL AREAS

¨ Article 244. Administration of Scheduled Areas and Tribal Areas	202
¨ Article 244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor	202

CHAPTER 25

RELATION BETWEEN UNION AND THE STATES

¨ Legislative Powers (Articles 245-255)	204
• Article 245. Extent of laws made by Parliament and by the Legislature of States	204
Q. Explain the extent of law making power of Parliament and State Legislature	204
Q. Define the doctrine of territorial means with the help of case laws	204
• Article 246. Subject-matter of laws made by Parliament and by the Legislatures of States	205
Q. Define the doctrine of pith and substance	205
Q. What is doctrine of colourable legislation? Also explain case laws	206
• Article 247. Power of Parliament to provide for the establishment of certain additional courts	207
• Article 248. Residuary powers of legislation	207
Q. Explain the Residuary Power of Parliament	207
• Article 249. Power of Parliament to legislate with respect to a matter in the State List in national interest	207
Q. When can the Parliament legislate on the State subjects?	207
• Article 250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation	208
Q. What is the procedure to legislate on the subject of State List by Parliament in case of emergency?	208
• Article 251. Inconsistency between laws made by Parliament under articles 249, and 250 and laws made by the Legislatures of States	208
• Article 252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State	208
• Article 253. Legislation for giving effect to international agreements	209
• Article 254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States	209
Q. Which law prevail in case of inconsistency between law?	209
• Article 255. Requirement as to recommendations and previous sanctions to be regarded as matters of procedure only	211
¨ Administrative Relations (Articles 256-263)	211
Q. Define administrative relations between Union and States	211
• Article 256. Obligation of the States and the Union	212
• Article 257. Control of the Union over States in certain cases	212
• Article 258. Power of the Union to confer powers, etc., on States in certain cases	213
• Article 258A. Power of the States to entrust functions to the Union	213
• Article 260. Jurisdiction of the Union in relation to territories outside India	213
• Article 261. Public acts, records and judicial proceedings	213
Q. Define full faith and credit.	214
• Article 262. Adjudication of disputes relating to waters of inter-State rivers or river valleys	214
Co-ordination between States	215
Q. Explain Zonal Councils in States	215
• Article 263. Provisions with respect to an inter-State Council	215
Q. Explain Inter-State Council	215

CHAPTER 26

FINANCE, PROPERTY, CONTRACTS AND SUIT

¨ CHAPTER 1-Finance	216
• Article 264. Interpretation	216
• Article 265. Taxes not to be imposed save by authority of Law	216
• Article 266. Consolidated Funds and public accounts of India and of the States	216
Q. Define consolidated fund in Union and States	216
Q. Explain public accounts of India and of States	216
• Article 267. Contingency Fund	217
Q. What is contingency fund?	217
• Article 268. Duties levied by the Union but collected and appropriated by the States	217
• Article 268A. Service tax levied by Union and collected and appropriated by the Union and the States	218
• Article 269. Taxes levied and collected by the Union but assigned to the States	218
• Article 270. Taxes levied and distributed between the Union and the States	218
• Article 271. Surcharge on certain duties and taxes for purposes of the Union	219
• Article 272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States	219
• Article 273. Grants in lieu of export duty on jute and jute products	219
• Article 274. Prior recommendation of President required to Bills affecting taxation in which States are interested	219
• Article 275. Grants from the Union to certain States	220
• Article 276. Taxes on professions, trades, callings and employments	221
• Article 277. Savings	221
• Article 278. Agreement with States in Part B of the First Schedule with regard to certain financial matters	221
• Article 279. Calculation of “net proceeds”, etc	221
¨ Finance Commission	222
Q. How is the Finance Commission constituted and what are the powers of the Commission?	222
• Article 280. Finance Commission	222
• Article 281. Recommendation of the Finance Commission	223

CHAPTER 27

THE STATE LIABILITY

¨ Article 299. Contracts	224
¨ Article 300. Suits and proceedings	224
Q. Explain in detail P&O Steam Navigation Co. case	225

CHAPTER 28

RIGHT TO PROPERTY

Q. Explain Right to Property as a legal right

227

CHAPTER 29

TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

¨ Article 301. Freedom of Trade, Commerce and Intercourse	229
Q. Explain freedom of trade, commerce and intercourse	229
Q. Explain Atiabari Tea Co. Ltd. case	229
Q. What principles enumerated by the Supreme Court in Automobile Transport Ltd. case?	230
¨ Article 302. Power of Parliament to impose restrictions on trade, commerce and intercourse	230
¨ Article 303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce	231
¨ Article 304. Restrictions on trade, commerce and intercourse among States	231
Q. What are the restrictions imposed on trade, commerce and intercourse among States?	231
¨ Article 305. Saving of existing laws	231

CHAPTER 30

SERVICES UNDER THE UNION AND THE STATES

¨ Article 308. Interpretation	232
¨ Article 309. Recruitment and conditions of service of persons serving the Union or a State	232
¨ Article 310. Tenure of office of persons serving the Union or a State	232
Q. Explain doctrine of pleasure with the help of relevant case laws	233
¨ Article 311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State	234
Q. How is a civil servant dismissed, removed or reduced in rank. Explain the procedure	234
Q. Define constitutional protection to civil servant. Explain in detail with case laws	234
Q. Define Civil Post	235
¨ Article 312. All-India Services	236
Q. Define All-India Services	236
¨ Article 315. Public Service Commissions for the Union and for the States	237
Q. How is the Public Service Commission in Union and State constituted?	237
¨ Article 316. Appointment and term of office of members	238
Q. How the members of commission are appointed and explain term also?	238
¨ Article 317. Removal and suspension of a member of a Public Service Commission	238
Q. Define the procedure of removal and suspension of a member of Public Service Commission	238
¨ Article 318. Power to make regulations as to conditions of service of members and staff of the Commission	239
¨ Article 319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members	239
¨ Article 320. Functions of Public Service Commission	239
Q. What are the functions of Public Service Commission?	239

CHAPTER 31

TRIBUNALS

¨ Article 323A. Administrative tribunals	242
Q. Explain the Administrative Tribunals	242
¨ Article 323B. Tribunals for other matters	243
Q. Explain L. Chandra Kumar case in detail	245

CHAPTER 32

ELECTIONS

Q. Free, fair and impartial election is necessary in any democratic country. Explain	246
Q. Explain T.N. Seshan case	247
¨ Article 329. Bar to interference by courts in electoral matters	248

CHAPTER 33

SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

¨ Article 330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People	249
¨ Article 331. Representation of the Anglo-Indian community in the House of the People	250
¨ Article 332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States	250
¨ Article 333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States	251
¨ Article 334. Reservation of seats and special representation to cease after seventy years	251
¨ Article 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts	251
¨ Article 336. Special provision for Anglo-Indian community in certain services	251
¨ Article 337. Special provision with respect to educational grants for the benefit of Anglo-Indian community	252
¨ Article 338. National Commission for Scheduled Castes	252
Q. How was the National Commission for schedule castes and schedule tribes constituted?	252
¨ Article 338A. National Commission for Scheduled Tribes	254
¨ Article 339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes	255
¨ Article 340. Appointment of a Commission to investigate the conditions of backward classes	255
¨ Article 341. Scheduled Castes	255
Q. Explain schedule caste and schedule tribes	255
¨ Article 342. Scheduled Tribes	256

CHAPTER 34

OFFICIAL LANGUAGE

¨ Article 343. Official language of the Union	257
Q. Explain the official language of the Union	257
¨ Article 344. Commission and Committee of Parliament on official language	257
¨ Article 345. Official language or languages of a State	258
¨ Article 346. Official language for communication between one State and another or between a State and the Union	258
¨ Article 347. Special provision relating to language spoken by a section of the population of a State	258
¨ Article 348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc	259
Q. Explain language to be used in the Supreme Court and in the High Court	259
¨ Article 349. Special procedure for enactment of certain laws relating to language	259
¨ Article 350. Language to be used in representations for redress of grievances	259
¨ Article 350A. Facilities for instruction in mother-tongue at primary stage	260
¨ Article 350B. Special Officer for linguistic minorities	260
¨ Article 351. Directive for development of the Hindi language	260

CHAPTER 35

EMERGENCY PROVISIONS

¨ Article 352. Proclamation of Emergency	261
Q. Explain national emergency and grounds thereof	261
Q. What are the consequences of the proclamation of national emergency?	264
Q. Define State emergency	265
Q. Explain in detail S.R. Bommai case	267
¨ Article 360. Provisions as to financial emergency	267
Q. Explain financial emergency	267

CHAPTER 36

AMENDMENT OF THE CONSTITUTION

¨ Article 368. Power of Parliament to amend the Constitution and procedure therefor	269
Q. Define the power of Parliament to amend the Constitution	269
Q. In which provision if amendment seeks any change, it requires the ratification by the legislature States?	269
Q. What major propositions are made by Supreme Court in the case of I.C. Golak Nath?	271
Q. Explain the Kesavananda Bharati case in detail	272
· Article Index	274
· Table of Cases	289