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CA : Indian Constitution, Devolution Etc

CA : Indian Constitution, Devolution Etc

Section titled “CA : Indian Constitution, Devolution Etc”

2019-04-28 09:11 :37

Defamation

Section titled “Defamation”
  • Defamation is a false statement that harms reputation of a person, business group etc. It can be both a civil and a criminal offence section 499 of the IPC deals with both of them. Has been misused for harassment, impinges into Art 19, coerce media and political opponents.

Disqualification of Legislatures

Section titled “Disqualification of Legislatures”
  • CP Joshi #committee 2019 formed to examine role of speaker in cases of disqualification under 10th schedule. Recom : disq by the party and not by speaker.
  • Dinesh Goswami #Committee led to addition of following items to 10th schedule. 10th schedule was based on recommmendation of YB Chavan Committee.
    • Voluntary rejection of membership
    • not voting per party directions -> disqulaification.
  • Law Commission 170th #report said to exempt merger/split from disq criteria.
    • Pre-poll electoral front under anti-defection.
    • limit issuance of whip only when gov is in danger;
    • decision under 10th schedule in binding on the Prez/Gov
  • MP/MLA can be disq under ==Art 102/Art 191== for holding office of profit, unsound mind, undischarged insolvent, not IN citizen
  • SC said - Permanent Tribunal headed by retired SC judge hear cases of MLA/MP disqualification, except for exceptional circumstances petitions decided by Speaker in 3 months.

Interstate River water disputes

Section titled “Interstate River water disputes”
  • Mahajan #Committee was formed to solve the Belgaum dispute b/w Karnataka and Maharashtra. Maha did not agree w/ the recom of the reports.
  • ISRWD #Act 1956 : Act allows centre to set up an ad hoc tribunal for adjudication of dispute b/w 2 or more states. ==no time limit== for redressal, no common forum for discussion; Article 262 mentions redressal of disputes b/w states + union.
    • River Boards Act 1956 provides for the std of river boards for regulation and dev of inter state river and river valleys. Estd on request of state govt concerned.
  • Krishna water dispute : Maha, Karnataka and AP. Current dispute is AP is asking newely formed Telangana to be included in the water sharing deal as a separate entity.
  • 1966 division Haryana, Punjab opposed sharing waters of Ravi and Beas, 1976 centre allocated 3.5 million acre feet MAF to HAR out of 7.2 MAF, Eradi tribunal inc it to 3.83 MAF

Changes/ digitalisation of Judiciary

Section titled “Changes/ digitalisation of Judiciary”

  • Judiciaries Efforts during pandemic : e-filing and artificial intelligence enabled referencing; e-courts projects seeks to address judiciary’s digital deprivation.

  • Criminal Justice reforms : delay in disposal of cases leading to human rights violations of under trials and convicts; conviction orders are taking years to implement.

    • Reforms req : Fast Track Courts for certain offences, digitisation of documents, construction of new offences, classification of offences must be done in manner conducive to mgt of crimes.

  • PRS Legislative Research report says that during 15th LS 16% of its time was spent on disruptions. RS Lost 36% of its time.

    • Need : curb disorder in Parliament through strict enforcement of code of conduct. Productivity meter be created to check no of hours wasted.

Freedom of Religion/ Secularism

Section titled “Freedom of Religion/ Secularism”
  • Art 25 (1) ie freedom of religion is a negative liberty where state shall make sure that there is no interference or obstacle to exervising this freedom.
    • Shirur Mutt case doctrine of essentiality -> all essential rituals and practices would constitute a religion
    • Charles Taylor : Positive liberty is the ability to fulfill one’s purposes Negative liberty is the freedom from interference by others.

Uniform Civil Code

Section titled “Uniform Civil Code”
  • Uniform Civil Code UCC Article 44 for matter like marriage, divorce, adoption etc for all religious communities.
    • Lex Loci Report 1840, BN Rau Committee 1941 recom codification of laws.
    • Shah Bano case 1985 -> outlined a common civil code, Jordan Diengdeh v SS Chopra case -> urgency to implement UCC, Shayra Bano case 2017 -> Triple talaq declared unconstitutional, Sarla Mudgal case reiterated need for UCC.
    • Lata Mittal Case 1985 -> Hindu daughter have equal rights in parental property -> UCC could bring gender equality
    • Laws like Special Marriage Act, Contract Act, Civil Procedure code etc follow UCC.

Centres devolution to states

Section titled “Centres devolution to states”
  • Special category state recom 1st by Gadgil #committee. After the 14th Fin commission report it was removed against 42% devolution to states. Under it 90: 10.
Section titled “Right to life related issues viz Right to Internet, etc”
  • Kerala HC says access to internet is a fundamental right under Right to education Art. 21A; similar stance as UN HRC’s statement in 2016. SC says it is FR under Art 19 - freedom of speech.
  • ==Right to be forgotten falls under RT Privacy== Art 21. RTP is governed by the Personal Data Protection bill which talks about Right to be forgotten. Cocern is that bill provides for determination of data being personal or not on Data Protection Authority not on individual.
Section titled “Freedom of Speech and related issues viz Sedition etc”
  • Sedition #Act 124A of IPC : seen as restriction to Freedom of expression.
    • KedarNath Singh Case upheld its validity but laid down certain rules; Balwant Singh vs So Punjab Case said merely shouting slogan is not sedition
    • According to NCRB max number of sedition cases are from Assam and Jharkhand.
    • Need : make bailable, non-cognisable, raise the burden of proof, no malicious complaints.
  • IPC introduced in 1860 put forward by Macaulay replaced Mohammedan Criminal Law. Need - re-examine Sedition law, remove Blasphemy laws 295A, Criminal conspiracy, Section 149 on unlawful assembly, Section 377 etc
Section titled “Citizenship related issues viz Citizenship Amendment Act etc”
  • CAA amends the Citizenship #Act 1955 to grant citizenship to ==6 minority communities== from AFG, BAN, PAK after 6 years of stay in IN. OCI cardholders registration may be cancelled if they violate any law.
  • Renunciation of Indian citizenship was made easier. Provision was simplified to end within 60days, Mandatory to indicate reason for renouncing
  • New OCI card will not be required to register OCI every time new passport is issued.

Ipeachment of US prez vs Indian prez

Section titled “Ipeachment of US prez vs Indian prez”
  • Impeachment of US prez House of Rep has sole power of impeachment while Senate the Upper House has sole power to try all impeachments.
  • SL has a semi presidential system. Prez holds exec powers governs w/ a PM.
Section titled “Freedom of Religion Art 25-28 and related issues”

  • Gods, Corporations, rivers, animals - Juristic person only after consecration (Yogendra Nath case). Deities can ==own property, pay taxes, sue and being sued, do not have fundamental/ constitutional rights==. SGPC vs Somnath Das Case 2000, Dakor Temple Case 1887. ^7c7221

  • Ayodhya dispute : Article 142 invoked, travellers quoted were from Tieffenthaler 18th century missionary, William finch, Montgomery Martin - civil servant.

  • Sabarimaala Verdict. Challenges : probing essential religious practices, against article 26, permissible extent of judicial intervention in religious practices.

  • Savmidhan Divas on 26th Nov

Section titled “Reservation and related issue”
  • Creamy layer principle in SC ST quota for promotion :
    • Background : Centre and State was giving SC STs reservation in promotions, Indra Sawhney case SC said it was unconstitutional, Parliament brought the 77th amendment to reserved seats in promotion if community was not adequately represented.
    • In M Nagaraj case SC held its constitutionality by said that 3 criteria needs to be satisfied community should be socially educationally backward, not adequately rep and the policy should not affect overall efficiency in admn. New 2018 7 judge bench is the above case.
    • Centre asked SC in J Singh vs LN Gupta case court agreed that creamy layer applied to SC ST in order to prevent misuse of reservation, upheld M Nagaraja verdict.
    • Art 335 recognises special needs to be adopted for considering claims of SC and ST
  • Indra Sawhney case :
    1. criteria for group to qualify for reservation is “social and educational backwardness”.
    2. 50% limit to vertical quotas to ensure efficiency in administration can be exceeded in exceptional circumstannces
    3. 50% reservation is constitutionally recognised by 91st CAA.
    4. 102nd CAA 2018 added 338B, which deals with the structure, duties and powers of NCBC, and 342A that deals with powers of Prez to notify a particular caste as SEBC and the power of Parliament to change the list. Article 366 (26C) defines SEBCs.
  • Anglo Indian reservation in LS and SLA removed 104th CAA. Art 334 provided for reservation of seat for Anglo Indian Community. Father or any male line needs to be of European descent
  • SC said that ==Reservation in promotion is not a fundamental right== and cannot be claimed by an individual. Art 16 only empowers the state to make reservation in matters of appointment and promotion.
  • Consequential seniority : means when an SC/ST is promoted on the basis of reservation he/she will remain senior to the general candidate who has not been promoted.
Section titled “Right to minorities Art 29-30 and related issues”
  • SC said -> gov aided Minority Educational Insititutions MEIs in deciding appointment of teachers does not violate Art 30. Special Rights enjoyed by them - ==compensation if property taken by state RTE== is a fundamental right; they are ==not considered for reservation==, Under RTE MEIs are not required to provide 25% reservation for children (6-14); MEIs can have 50% seat reserved for minorities; can have separate admission process but it should be fair and cannot charge capitation fees.
  • Tulu is a language spoken in Dakshin Kannada/ Mangaluru area, Udupi in KTAKA and Kasargod in Kerala.

Right to Property

Section titled “Right to Property”
  • SC said that ==Right to Private property is a human right== and state cannot tresspass into it and them claim ownership of the name of adverse possession

Centre - States disputes

Section titled “Centre - States disputes”
  • Under Article 131 SC has original jurisdiction to deal w/ State Centre dispute. To qualify as a dispute under 131 it has to necessarily be b/w states and centre and involve question of law. Article 143 is about advisory jurisdiction
  • Govt of NCT 2021 Amendment #Act #important : Govt means the Lt Gov of Delhi, gives ==discretionary powers to LG in matters where SLA can make laws==, LG be necessarily granted opportunity to give opinion before decision of Delhi Cabinet.
  • Delimitation Comm as per 2002 #act will have 3 mem : serving or retired judge of SC as chair, CEC or EC nominated by Election Comm and SEC as ex-officio members.

5th and 6th Schedule, issues of tribes.

Section titled “5th and 6th Schedule, issues of tribes.”
  • Inclusion of state in 6th schedule will enable the state to own legitimate ownership rights ==over its natural resource== help make it self-sufficient.
    • It safeguards the rights of tribals through formation of Autonomous District Council ADC, special provisions under Art 244 and Art 275.
  • ADC has ==30 mem, 4 are nominated by the Gov rest elected on basis of adult franchise==, every autonomous region has a separate regional council. #important

Contempt of Court

Section titled “Contempt of Court”
  • Conditions for Curative Petitions are : Genuine violation of natural justice, Judge bias. Specifically mention the view taken on review petition, be sent to 3 senior most judges and earlier ones, penalty if case lacks merit. Roopa Hurra vs Ashok Hurra case.
  • Art 81 of Const defines house shall not consist of more than 550 elected mem including 20 from UT. Need for more seats : Every MP currently represents 16-18 lakh people, removing anglo IN reservation seat now only 543, seats have not been revised even after creation of states like UKD, ARUN leg assembly for DEL, PON.

Contempt of Court

Section titled “Contempt of Court”
  • Art 129 says courts can initiate contempt on its own. Art 142 grants the courts power to punish for contempt and the ==Contempt of Courts Act 1971 was passed which defines civil and criminal contempt==.
    • Consent of Attorney General is required to initiate contempt proceedings to save time from frivolous petitions.
    • When court itself initiates a contempt proceeding consent of AG not mandatory

Issues with OBC, SEBC etc 105 CAA

Section titled “Issues with OBC, SEBC etc 105 CAA”
  • Constitution does not define the criteria for recognition of Schedules tribes. Art 366 only provides process to define scheduled tribes. President after consultation with Governor in case of states notifies ST/SC.
  • 105 th CAA amends Art 342 A that allows states and UTs to prepare their own OBC/SEBC list. Centre will also maintain a list.
  • 125th amendment bill : financial and devolution of powers to autonomous councils under 5 th schedule

Constitutional postion of Cooperatives.

Section titled “Constitutional postion of Cooperatives.”
  • SC held that Co-operative banks come under SARFAESI act
  • SC passed order that working of cooperative within a state is under State list and parliament cannot make laws on it. It upheld 97th CAA but struck down a part of it.

Article 22 and issues related to it

Section titled “Article 22 and issues related to it”
  • Article 22 (1) fundamental right to be defended by a legal practitioner.

Other Facts

Section titled “Other Facts”
  • Prez addresses joint sitting of Parl at start ‘Motion of Thanks’ give account of legislative and policy achievements of the gov. Amendments can be brought in by members, if it fails to pass gov will dissolve.
  • Composite floor test : more than one person claims to form the govt and majority is not clear
  • Speaker of LS can suspend MPs but he can be un-suspended only after a motion is passed by the house
  • Excise duty of liquor is levied by states, does not come under GST, also land, electricity and petroleum products viz diesel, aviation turbine fuel.
  • Rule of Law index by World Justice Project, IN ranked 69 #report
  • Aided School teachers cannot become legislators, participate in politics would affect quality of education
  • Plenary Jurisdiction : have complete authority or absolute power to take action on a particular issue w/o limitations. Art 142 allows the enforcement of decrees and orders.
  • Union word was 1st used offially in 1946.
  • ==Speedy trial is a fundamental right== : HC of Bombay said in Bhima Koregaon case.
  • 51 A mentions respecting nat flag
  • National Flag was adopted on July22 1947 based on Swaraj flag made by Pingali Venkayya. 51A(a) deals w/ respecting Constitutional ideals and institutions. Flag Code 2002 says should be hand spun.
  • Externment Order prevents the movt of a person in certain cases. Can be granted to maintain law and order and also to protect interest of ST (Dhan Bahadur Ghorti Case).

Historical Underpinnings, Evolution Etc

Section titled “Historical Underpinnings, Evolution Etc”

2020-10-21 16:58:29

  • Indian Constitution adopted on Nov 26, 1949, came into effect on Jan 26, 1950.
  • Based on the Government of India Act 1935.
  • Constituent Assembly elected by elected members of Provincial Legislative Assemblies.
  • Took 2 years, 11 months and 18 days to draft the Constitution.
  • Combination of British, American, and French political systems.
  • Unique features include Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties.
  • Provides for federal structure with Union of India at the centre and states at periphery.
  • Provides for single citizenship for all Indian citizens regardless of religion, caste, or creed.
  • Provides for judicial review by the Supreme Court of India.
  • Provides for separate legislatures for union territories.
  • Provides for various Commissions for protection of rights of different communities, including Scheduled Castes, Scheduled Tribes, minorities, women, backward classes, and children.

Corresponding Chapters in Laxmikanth :

  • Chapter 1 : 1 - Historical Background
  • Chapter 2 : 2 - Making of the Constitution
  • Chapter 3 : 3 - Salient Features of the Constitution
  • Chapter 4 : 4 - Preamble of the Constitution
  • Chapter 6 : 6 - Citizenship.pdf
  • Chapter 7 : 7 - Fundamental Rights
  • Chapter 8 : 8 - DPSP
  • Chapter 9 : Fundamental Duties
  • Chapter 10 : 10 - Amendment of the Constitution
  • Chapter 11 : 11 - Basic Structure of the Constitution

PYQ

Section titled “PYQ”

2020-10-30 14:02:37

Comparison of Indian Constitution

Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force?2018
Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. KS Puttaswamy case2017
Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances?2016
Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.2015
Khap Panchayats have been in the news for functioning as extra-constitutional authorities, often delivering pronouncements amounting to human rights violations. Discuss critically the actions taken by the legislative, executive and the judiciary to set the things right in this regard.2015
Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard.2015
What do you understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.2014
Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution.2013

Answers

Section titled “Answers”
  1. Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute. Comment. (“भारत के सम्पूण्भ क्ेत्र में ननवास करने और नवचरण करने का असधकार स्तंत्र रूप से सभी भारतीय नागररको को उपल ं धि है, हकन् ये अ ु सधकार असीम नही हैं।” ं हिप्पणी कीजजए।) - 2022
  1. Critically examine the procedures through which the Presidents of India and France are elected. (भारत और फांस के राटिट्पनत के ननवा्भचचत होने की प्हरिया का आलोचनात्मक परीक्ण कीजजए । ) - 2022
  1. Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. (सं युति राज्य अमेररका और भारत सं नवदानो में, समता के अ ं सधकार की धारणा की नवशिटि नविेषताओ का ं नवश्ेषण कीजजए।) 2021
  1. ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (‘सं वैधाननक नैनतकता’ की जड सं नवधान में ही ननहहत है और इसके तात्त्वक फलको पर आधार ं रत है। ‘सं वैधाननक नैनतकता’ के ससधदांत की प्ासं गगक न्ाययक ननण्भयो की सहायता से ं नववेचना कीजजए।) - 2021
  1. (COMPARING Constitution) The judicial systems in India and UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices. (हाल के समय में भारत और यु. के . की न्ाययक व्यवस्ाएं अशभसरणीय एवं अपसरणीय होती प्तीत हो रही है। दोनो रा ं टिट्ो की न् ं ाययक काय्भप्णाललयो के आलोक में अ ं शभसरण तथिा अपसरण के मुख्ा नबदं ओु को आलो ं हकत कीजजए।) - 2020
  1. “Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power.” In the light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power? (“सं नवधान का सं िोधन करने की संसद की िक्ति एक पररसीगमत िक्ति है और इसे आत्यं नतक िक्ति के रूप में नवस्तृत नहीं हकया जा सकता है ।” इस कथिन के आलोक में व्याख्ा कीजजए की क्ा संसद सं नवधान के अनुछेद 368 के अंतग्भत अपनी सं िोधन की िक्ति का नविदीकरण करके सं नवधान के मूल ढांचे को नटि कर सकती है ?) - 2019
  1. (COMPARING Constitution) What can France learn from the Indian Constitution’s approach to secularism?(धम्भननरपेक्ता को भारत के सं नवधान के उपागम से फांस क्ा ससख सकता है?) - 2019
  1. (COMPARING Constitution) India and USA are two large democracies. Examine the basic tenants on which the two political systems are based. (भारत एवं यू. एस. ए. दो नविाल लोकतंत्र है। उन आधारभूत ससधिांतो का ं परीक्ण कीजजए जजन पर बे दो राजनीनतक तंत्र आधाररत हैं।) - 2018
  1. Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (हकन पररस्स्नतयो में भारत ं के राटि पट् नत के द्ारा नवत्ीय आपातकाल की उद्ोषणा की जा सकती है? ऐसी उद्ोषणा के लागू रहने तक, इसके अनुसरण के क्ा-क्ा पररणाम होते हैं?) - 2018
  1. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (ननजता के असधकार पर उच्चतम न्ायालय के नवीनतम ननण्भय के आलोक में, मौललक असधकारो के ं नवस्तार का परीक्ण कीजजए।) - 2017
  1. Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances? (‘उद्ेशिका (प्स्तावना)’ में िब ‘गणराज्य के साथि जुडे प्त्येक नविेषण पर चचा्भ कीजजए । क्ा वत्भमान पररस्स्नतयो में वे ं प्नतरक्णीय हैं ?) - 2016
  1. Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (चचा्भ कीजजए हक वे कौन-से संभानवत कारक हैं जो भारत को राज्य की नीनत के ननदेिक तत्व में प्दत् के अनुसार अपने नागररको के ल ं लए समान ससनवल सं हहता को अशभननयगमत करने से रोकते हैं।) - 2015
  1. Khap Panchayats have been in the news for functioning as extra-constitutional authorities, often delivering pronouncements amounting to human rights violations. Discuss critically the actions taken by the legislative, executive and the judiciary to set the things right in this regard. (खाप पंचायतें-सं नवधानेतर प्ासधकरणो के तौर पर ं प्काय्भ करने, असिर मानवासधकार उल्ंघनो की को ं हि में आने वाले ननण्भयो को देने के कारण खबरो ं में ं बनी रही हैं। इस संबंध में स्स्नत को ठीक करने के ललए नवधानमंडल, काय्भपाललका और न्ायपाललका द्ारा की गई कार्भवाइयो पर समालोचनात्मक च ं चा्भ कीजजए।) - 2015
  1. Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard. (क्ा स्च् पया्भवरण के असधकार में दीवाली के दौरान पिाखे जलाने के नवसधक नवननयम भी िागमल हैं? इस पर भारतीय सं नवधान के अनुच्ेद 21 के , और इस संबंध में िीष्भ न्ायालय के ननण्भय/ननण्भयो के , ं प्काि में चचा्भ कीजजए।) - 2015
  1. What do you understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (आप ‘वाक् और अशभव्यक्ति स्ातंत्रय’ सं कपिना से क्ा समझते है? क्ा इसकी पररसध में घृणा वाक् भी आता है? भारत में हफल् अ ें शभव्यक्ति के अन् रूपो से तन ं नक शभन्न स्तर पर क्ो है? च ं चा्भ कीजजए।) - 2014
  1. Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution. (सूचना प्ौद्योगगकी असधननयम की धारा 66A की इससे कसथित सं नवधान के अनुच्ेद 19 के उल्ंघन के सं दभ्भ में नववेचना कीजजए।)
  • 2013