Union and its territory
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The document discusses provisions in the Indian constitution relating to states and territories of India. It states that India shall be a union of states as specified in the First Schedule. Parliament has the power to admit new states into the union or establish new states on terms and conditions. Parliament may also pass laws to form new states, alter boundaries or areas of existing states, or change the names of states. Any laws passed regarding new states or boundary changes must contain provisions to amend the relevant schedules of the constitution and can include other incidental provisions as deemed necessary by Parliament. Such laws will not be considered an amendment of the constitution under Article 368.
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The citizens of India are guaranteed certain basic fundamental rights by the state, which cannot be taken away from them except in cases of procedure established by law.
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In the absence of fundamental rights, the citizens may not be entitled to any basic human rights.
Thus to prevent this, the constitution-makers incorporated Part III of the Indian Constitution enumerating a list of rights that is to assured by the state.
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Non-Justiciable: Unlike Fundamental Rights, which are legally enforceable, Directive Principles are non-justiciable. Citizens cannot approach the courts to enforce these principles against the government.
Social and Economic Welfare: DPSP directs the government to work towards the welfare of the people by promoting social and economic justice. It encourages policies that reduce poverty, inequality, and promote overall well-being.
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Minority Rights: It encourages the protection of the rights and interests of religious and linguistic minorities.
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The life of a nation is dynamic, living, and organic its political, social and economic conditions are always subject to change.
Therefore, a constitution drafted in one era and in a particular circumstance may be found to be inadequate in another era in a different context.
It becomes necessary therefore to have machinery or some process by which the constitution may be adopted from time to time as per the contemporary needs of the nation. Such changes may be brought by different ways including formal method of amendment contained in Article 368 of the constitution. Article 368 of the constitution does not prescribe any express limitation upon the parliament’s amending power.
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This document discusses emergency provisions in the Indian Constitution from Articles 352 to 360. It defines national emergency, state emergency, and financial emergency. During a national emergency, the President can assume extra powers, suspend fundamental rights, and extend the term of the Lok Sabha. A state emergency allows the President to take over state administration. During a financial emergency, the President can issue financial directives and reduce salaries. The document provides examples of past emergencies in India and explains the impact of the 44th Constitutional amendment on emergency powers.
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Article 19 of the Indian constitution guarantees six fundamental freedoms to citizens of India: freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement, freedom to reside and settle in any part of India, and freedom to practice any profession. These freedoms are considered natural rights of citizens. The document also outlines Articles 20, 21, and 22 which protect citizens from conviction for offenses, protect life and personal liberty, and protect against arbitrary arrest and detention. Freedom of speech is subject to reasonable restrictions related to security, public order, relations with other countries, decency, contempt of court, defamation, and inciting offenses.
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This document discusses the rights of minority institutions under the Indian Constitution. It defines minority as a religious or linguistic group that is less than 50% of the state or national population. The Constitution protects the rights of minorities under Articles 29 and 30. Article 30 gives linguistic and religious minorities the right to establish and administer their own educational institutions. Several important Supreme Court cases have further defined and protected these rights. These include the rights to choose a governing body and staff, admit students of their own community, and have reasonable fee structures without being subject to reservation policies. The overall intent is to allow minorities to establish institutions that allow their children to receive the best general education.
Fundamental duties
The document summarizes the key aspects of the Indian constitution including:
- It is the longest written constitution in the world with 448 articles and 97 amendments.
- It was enacted on November 26, 1949 and came into effect on January 26, 1950.
- It establishes India as a sovereign, socialist, secular, democratic republic.
- The constitution guarantees citizens fundamental rights like equality, freedom of speech and religion.
- Citizens also have fundamental duties outlined in the constitution.
- The constitution draws from various other countries in aspects of its framework and provisions.
Can Fundamental Rights be amended under aticle 13(4)
The document discusses several Supreme Court cases related to whether constitutional amendments can limit fundamental rights in India. The key cases find that:
1) Constitutional amendments made under Article 368 are not considered "laws" under Article 13, so they are not void for abridging fundamental rights (Shankari Prasad case).
2) The power to amend the constitution is contained in Article 368, not other legislative powers, so amendments can limit fundamental rights (Kesavananda Bharati case).
3) However, amendments cannot alter the "basic structure" of the constitution, like its republican form or secular nature (Kesavananda Bharati case). This established the basic structure doctrine that limits the
Fundamental Rights (Article 19-24)
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Constitution of India: Union and its Territories, Citizenship and Official La...
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Can Fundamental Rights be amended under aticle 13(4)
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The constitution of india
1. The Constitution of India establishes the territory and governance structure of India as a union of states.
2. Parliament has the power to admit new states to the union or establish new states, alter the boundaries or names of existing states, or adjust the areas of states.
3. The Constitution defines Indian citizenship at the time of commencement, and the rights of citizenship of persons who have migrated from Pakistan or reside outside of India. Parliament has the power to regulate citizenship law.
Constitution of india a living document
1) The document outlines the key provisions of the Constitution of India. It establishes India as a sovereign, socialist, secular, democratic republic to secure justice, liberty, equality and fraternity for all citizens.
2) It details citizenship rights at the commencement of the Constitution for those born in India or with Indian-born parents/grandparents, and specifies rights for those who migrated from Pakistan.
3) It establishes fundamental rights of equality before law, prohibition of discrimination, equality of opportunity in public employment, abolition of untouchability and titles. The State cannot abridge these rights.
Article 370
Article 370 of the Indian constitution grants special autonomous status to Jammu and Kashmir. It allows Jammu and Kashmir to have its own constitution and limits the central government's legislative power to three areas: defense, communications, and foreign affairs. It was enacted as a temporary provision in response to the unique circumstances under which Jammu and Kashmir joined the Indian union. It provides Jammu and Kashmir greater autonomy compared to other Indian states.
Dr Mohan R Bolla
The document discusses the Sri Sankari Prasad Singh Deo v. Union of India and State of Bihar Supreme Court case from 1952 regarding the constitutionality of the Constitution (First Amendment) Act of 1951. The Act inserted Articles 31A and 31B into the Constitution to save land reform laws from legal challenges and validate certain existing laws respectively. The case examined the three methods for amending the Constitution - ordinary majority, special majority as per Article 368, and amendments requiring additional state legislature ratification. It aimed to determine if the First Amendment was validly enacted and within Parliament's constituent powers.
Jammu & kashmir
This document summarizes key aspects of Article 370 of the Indian constitution regarding the state of Jammu and Kashmir. It discusses the historical context for Article 370, including the accession of Jammu and Kashmir to India in 1947. It outlines the main provisions and special features of Article 370, such as Jammu and Kashmir having its own constitution and the limited applicability of parts of the Indian constitution to the state. The document also discusses the text of Article 370 and the autonomy it provides Jammu and Kashmir in certain matters compared to other Indian states.
Constitutionofindiaacts
The document outlines some key provisions in Part I of the Constitution of India regarding the territory of India and establishment of new states. It specifies that India shall be a union of states, lists the current states and territories in the First Schedule, and allows Parliament to admit new states or alter existing states by law. It also provides that any such law shall include amendments to relevant Schedules and may contain supplemental provisions regarding representation in Parliament.
Constitutional Law I- session 9.pptx
- The Union of India consists of States and Union Territories according to the Constitution.
- Originally, States were categorized as Part A, B, C, and D but were later placed on equal footing.
- Parliament has powers to admit new States, alter State boundaries, and acquire new territories for the Union.
- In the Berubari case, the Supreme Court ruled that ceding part of West Bengal to Pakistan as part of a border agreement required parliamentary approval since it involved altering State territory.
DIVYA.pptx
- The Union of India consists of States and Union Territories according to the Constitution.
- Originally, States were categorized as Part A, B, C, and D but were later placed on equal footing.
- Parliament has powers to admit new States, alter State boundaries, and merge States using simple majority.
- In the Berubari case, the Supreme Court ruled that Parliament has implied powers to cede some national territory to another country as ceding territory is an attribute of sovereignty under international law and India's preamble.
Copy of unit_02_notes
The document discusses the structure and principles of the US Constitution. It describes the six main goals laid out in the Constitution's preamble: forming a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defense, promoting general welfare, and securing liberty. It then outlines the four main principles of the Constitution: popular sovereignty, limited government, separation of powers, and federalism. Finally, it summarizes the seven articles of the Constitution and how they establish the three branches of government and their powers.
360̊ on Article 370
Article 370 of the Indian Constitution grants special status to Jammu and Kashmir. It allows the state its own constitution and decision-making rights over all matters except defence, communications and foreign affairs. Over time, several presidential orders have diluted some of the special provisions of Article 370. There is ongoing debate and disagreement between political parties over retaining, diluting or fully abrogating Article 370.
Fundamental rights
Fundamental Rights are incorporated in Articles 12-35 of the Indian Constitution. They provide basic facilities and claims of individuals that are recognized by society and enforced by the state. Fundamental Rights are the pillars of Indian democracy as democracy cannot exist without them. They include rights to equality, freedom of speech and expression, freedom of religion, and constitutional remedies. However, Fundamental Rights are subject to reasonable restrictions and can be suspended during an emergency.
the prohibition of simultaneous membership rules, 1950.pdf
The Prohibition of Simultaneous Membership Rules establish time limits for legislators who are elected to multiple legislatures. The rules state that if a person is elected to both Parliament and a State legislature, their seat in the State legislature will become vacant within 14 days of the election declaration being published in the Gazette of India or State Gazette, whichever is later. If a person is elected to legislatures of two or more States, their seat in all but one State legislature will become vacant within 10 days of the latest election declaration being published in the State Gazettes. The rules were created in 1950 under the powers granted by the Constitution of India.
the prohibition of simultaneous membership rules, 1950.pdf
The Prohibition of Simultaneous Membership Rules establish time limits for legislators who are elected to multiple legislatures. The rules state that if a person is elected to both Parliament and a State legislature, their seat in the State legislature will become vacant within 14 days of the election declaration being published in the Gazette of India or State Gazette, whichever is later. If a person is elected to legislatures of two or more States, their seat in all but one State legislature will become vacant within 10 days of the latest election declaration being published in the State Gazettes. The rules were created in 1950 under the powers granted by the Constitution of India.
Day 4 Notes
The document summarizes the key components of the United States Constitution. It outlines the three parts of the Constitution: the Preamble, the seven Articles, and the Amendments. The summaries provide an overview of the three branches of government established in Articles I-III and some of the other articles. It also briefly explains the amendment process and lists some notable amendments.
Constitution law
This document provides an overview of the Constitution of India including:
- It was adopted on November 26, 1949 and came into effect on January 26, 1950.
- It has 470 articles grouped into 25 parts and 12 schedules.
- The drafting committee was led by Dr. B.R. Ambedkar and included members from various legal and political backgrounds.
- It drew influence from several other constitutions while being tailored to India's needs.
- Parts I-IV cover the union, citizens, fundamental rights and directive principles respectively.
24th amendment of Indian Constitution ppp
The 24th amendment to the Indian constitution was enacted to override the Supreme Court's ruling in Golaknath v State of Punjab (1967). This ruling had determined that parliament did not have the power to amend parts of the constitution relating to fundamental rights. The 24th amendment expressly gave parliament the power to amend any part of the constitution by adding clause 4 to article 13, stating that article 13 does not apply to amendments made under article 368. It also updated article 368 about the procedure for amending the constitution. This ensured parliament had authority over fundamental rights amendments.
Administrative relationship between centre and state
Administrative relations between center and state from Article 256-263 during general ties, and from Article 352-360 during emergency and other provisions reflecting center state relations and predominance of Union government in India.
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the prohibition of simultaneous membership rules, 1950.pdf
the prohibition of simultaneous membership rules, 1950.pdf
the prohibition of simultaneous membership rules, 1950.pdf
the prohibition of simultaneous membership rules, 1950.pdf
Administrative relationship between centre and state
Administrative relationship between centre and state
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Union and its territory
- 2. Article 1 Name and territory of the Union 1. India, that is Bharat, shall be a Union of States. 2. The States and the territories thereof shall be as specified in the First Schedule. 3. The territory of India shall comprise
- 3. Article 2 Admission or establishment of new States Parliament may by law admit into the Union, or establish, new States on such terms and conditions, as it thinks fit.
- 4. Article 3: Formation of new States and alteration of areas, boundaries or names of existing States: Parliament may by law 1. Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; 2. Increase the area of any State; 3. Diminish the area of any State; 4. Alter the boundaries of any State; 5. Alter the name of any State
- 5. Article 4 : Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters (1) Any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary. (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.