Constitution of India (Saved pdf on c:\books)

Part	Section
1	(Articles:1,2) THE UNION AND ITS TERRITORY
2	(Art 5-11) CITIZENSHIP
3	(Art 12-35) FUNDAMENTAL RIGHTS
4, 4A	4: (Art 36-51) DIRECTIVE PRINCIPLES OF STATE POLICY 4A: (Art 51A) FUNDAMENTAL DUTIES
5	THE UNION.  Chapter 1. THE EXECUTIVE: (Art.52-73) The President and Vice-President (74, 75) Council of Ministers (76) The Attorney General for India (77, 78) Conduct of Government Business  Chapter 2. PARLIAMENT: (79-88)General (89-98)Officers of Parliament (99,100)Conduct of Business (101-104)Disqualifications of Members (105, 106)Powers, Privileges and Immunities of Parliament and its Members (107-111)Legislative Procedure (112-117)Procedure in Financial Matters (118-122)Procedure Generally  Chapter 3. LEGISLATIVE POWERS OF THE PRESIDENT: (123)Power of President to promulgate Ordinances during recess of Parliament  (124-147) Chapter 4. THE UNION JUDICIARY  (148-151) Chapter 5. COMPTROLLER AND AUDITOR GENERAL OF INDIA
6	THE STATES  (152) Chapter 1. GENERAL  Chapter 2. THE EXECUTIVE: (153-162)The Governor, (163,164)Council of Ministers, (165)The Advocate General for the State, (166-167)Conduct of Government Business  Chapter 3. THE STATE LEGISLATURE: (168-177)General, (178-187)Officers of the State Legislature, (188, 189)Conduct of Business, (190-193)Disqualifications of Members (213) Chapter 4. LEGISLATIVE POWER OF THE GOVERNOR (214-232) CHAPTER 5. THE HIGH COURTS IN THE STATES (233-237) CHAPTER 6. SUBORDINATE COURTS
7	THE STATES IN PART B OF THE FIRST SCHEDULE(—Omitted)
8	(239-242) THE UNION TERRITORIES
9	(243A-243O) Part-9 THE PANCHAYATS (243P-243ZG) Part-9A THE MUNICIPALITIES (243ZH-243ZT) Part-9B THE CO-OPERATIVE SOCIETIES
10	(244, 244A) THE SCHEDULED AND TRIBAL AREAS
11	RELATIONS BETWEEN THE UNION AND THE STATES (Art 245-255) Chapter 1. Legislative Relations (Art 256-263) Chapter 2. Administrative Relations
12	FINANCE, PROPERTY, CONTRACTS AND SUITS (Art 264-291) Chapter 1. Finance (Art 292,293) Chapter 2. Borrowing (Art 294-300) Chapter 3. PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS (Art 300A) Chapter 4. RIGHT TO PROPERTY

Salient Features of Constitution (sem-2)

1. Lengithest constitution in world: America, Australia, Canada, India: 7,128, 147, 443 Articles respectively.

2. Sovereign, Socialist, Secular democratic Republic

3. Parliamentary form of govt: Council of ministers are responsible for Lok Sabha(headed by PM)

4. Both Rigid and Flexible

Rigid: Tough to amend any provision in constitution

Flexible: requires legislative process to amend any provision

4. Fundamental Rights: Remedies habeas corpus, Mandamus, Quo-Warranto, Certirorari

5. Directive Principles of State Policy

6. Adult Suffrage: Every man,women above 18 years is given right to vote

7. Independent judiciary

8. Single Citizenship

Unlike America where there are 2 seperate state and central citizenship. India provides 1 citizenship, same rights to citizen whereever he resides.

9. Fundamental Duties

Preamble(Heart and Soul of Constitution)

Preamble We, the People of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Republic

Why preamble is needed?

Preamble tells about:
- Why we need constitution
- Principles(values, morals, principles, and objectives) of constitution
- How ideal constitution should be
- guide book for constitution
- Constitution's adoption date: Preamble has Constitution's adoption date, November 26, 1949.

Preamble is part of the Constitution

1960,Berubari Case the Supreme Court declared that the Preamble is not a part of the Constitution.
1973, Kesavananda Bharati vs State of Kerela Case, it held that the Preamble is a part of the Constitution

Amendable

Basic structure of the Preamble cannot be amended.
The Preamble has been amended once, through the 42nd Amendment Act of 1976. where "Socialist", "Secular" words added to Preamble.

Constitution

Basic Structure of Constitution(sem-2)

Supremacy of the Constitution
Republican and democratic system
Secular character of the Constitution
Separation of powers
Federal character of the Constitution
Rule of law
Independence of the judiciary
Parliamentary system of government
Principle of free and fair elections
Welfare state
Liberty
Sovereignty
Republic
Integrity
Equality
Fundamental rights

Directive Principles

These principles set out the fundamental principles of economic justice. They mandate that the state should promote equality of opportunity and prohibit the concentration of wealth.

Fundamental rights

These rights promote the idea of political democracy and limit the tyranny of the executive and arbitrary laws of the legislature. There are six fundamental rights

Independent judiciary

This is the third organ of government that conducts all the legal work. It is independent and unbiased.

Republic

People elect their representatives and elected representatives hold the supreme power

Secular

The government respects all religions and does not uplift or degrade any particular religion

Socialist

- Set of beliefs that all people are equal and should share equally in a country's money
- Socialist is opposite of Captalist

Sovereign

India is not subject to any foreign power and the state is free to legislate on any subject in conformity with the constitution.

Equality

This is considered to be the essence of modern democratic ideology

Parliamentary sovereignty and judicial supremacy

The Indian Constitution has a proper balance between these two principles. The Supreme Court has the power of judicial review and can cancel any Parliamentary law as unconstitutional.

Doctrine of Separation of powers(Sem-2)

This is not explicitly stated in the Indian Constitution. but its principles are embodied through the distinct functions between legislative, executive, and judicial branches
But, Article 50 specifically highlighting the separation of the judiciary from the executive
All 3 should have seperate powers:
- Executive(Enforces laws): Government
- Legislative(makes laws): Parliament
- Judicial(administers justice): Courts

This doctrine is well written in Constitution of US, but not in Indian constitution
Only President vests executive powers(written in Art 53), but none other is mentioned anywhere
But duties of all 3 bodies seperately are well written in Indian constitution.

Theory of separation of powers by Montesquieu
- Established in 1747 in book called "The Spirit of the Laws". it was well received in Great Britain and the American colonies
- No individual should have power over multiple offices ie central & state institutions should be independent
- 3 branches of govt(Legislative, Executive, Judiciary)
- branches of government should be dependent on each other so that no one power can exceed the others.
- Separation of powers is intended to prevent tyranny and preserve liberty

Federal, Unitary, Union

Unitary

Central govt holds all power, state are made subordinate to center

Federal

Meaning?

- A form of government where power is shared between a central government and state governments.
- Part 11 of the Indian Constitution, tells about "Relations between the Union and the States"

Essential Components of Federalism

Formation of states
Distribution of federal powers
Creation of institutions of shared rule
Dual government
Written constitution
Supremacy of the constitution
Independent judiciary
Rigidity of the constitution
Dual system of court
Division of public services

Quasi Federal

- A system where the central government has more power than the states
- India is considered a quasi-federal state because it has features of both a federal and a unitary system. - India has a strong central government, which is why it is considered quasi-federal. - The Supreme Court of India has also described the Indian Constitution as quasi-federal.

Characteristics of Quasi federal

- Clear divisions of powers b/w central and states: The state has power over local matters and the center has power over national matters.
- Judicial independence: An independent judicial body decides the rights of the units and keeps them within their limits.
- Single citizenship: Citizens can only have 1 citizenship. This helps to increase a sense of nationality and unity.
- Bicameral legislature: The legislature has two houses, chambers, or factions. The lower house usually represents the interests of the nation.
- Supremacy of constitution: A federal state derives its existence from the constitution.

Union

- The Union government has overriding powers in the subjects listed under the Concurrent List.
- The Union government cannot overrule the constitutional rights/powers of a state government except when presidential rule is declared in a State
- India is a federal union of 28 states and 8 union territories. The states and union territories are further divided into districts and smaller administrative divisions. Each state has a state government.

Federation

	Federation	Union
What	Self-governing regions are united under a federal government	Supremacy of the common government is recognized by states

Advantages of a Union over a Federation

- Raising revenue: Unions can raise a larger share of the revenue
- Long-term projects: Unions can take on long-term infrastructure and governance projects.

Fundamental Rights (Art 12-35)

In India, any person who is a citizen of India can claim fundamental rights
Fundamental rights are available against the state

Characteristics/Features of fundamental rights

Qualified: They are not absolute. This means although the Constitution guarantees certain fundamental rights and liberty to citizens, these rights are not unrestricted or absolute
Justiciable: If they are infringed(violated), an individual can go to court to have them enforced.
Not sacred or indestructible: They are not Sacred, permanent, or absolute.
Integral part of the Constitution: They are protected by the Constitution.
Right to equality: This is one of the chief guarantees of the Constitution.
Cultural and educational rights: These are for the conservation of the cultural practices of the citizens and the right to education.
Right against exploitation: This includes the prohibition of traffic in human beings and forced labor.

Fundamental Rights vs Ordinary Legal Rights

	Fundamental Rights	Ordinary Legal Rights
Can be changed	Protected by the constitution and are not easily changed. Are protected against invasion by the executive, legislature, and judiciary	Protected by ordinary law and can be changed or taken away by the legislature
Legal Standing	Higher	Lower wrt FR

Art.12 Definition

Art.13 Laws inconsistent with or in derogation of the fundamental rights

Delegated Legislation(sem-2)

Body made by a lower body or individual, such as a government department, minister, or local authority, under the authority of a higher body, such as Parliament.
Parliament can give power to another person or body to enact legislation

Why Delegated Legislation is formed?
- Parliament too busy in task
- Technicality of subject matter
- opportunity of experimentation
- emergency powers

Doctrine of Eclipse(Guarantee of fundamental rights)

Any law that is inconsistent with the fundamental rights guaranteed by the Indian Constitution is ineffective.
The law is not invalid, but is overshadowed by the fundamental right. The inconsistency can be removed by a constitutional amendment.
However, in India, it has been largely overlooked by legal theorists and practitioners.

Doctrine of Severability

if a law violates fundamental rights, but is separable from the rest of the law, then only that portion will be declared unconstitutional
The Doctrine of Severability has been adopted by many countries, including: United Kingdom, Australia, United States of America, Malaysia, India
The Doctrine of Severability was discussed in detail in the following cases: Vs Corp. Commissioner of Oklahoma, Ayotte Vs Planned Parenthood of N. New England

1. Right to Equality(Art 14-18):

14. Equality before law

The concept of equality means that no one should have special privileges based on birth, creed, or other factors. The fundamentals of equality before law come from the Magna Carta, a pact signed in the UK to prohibit the monopolistic power of states.

Rule of Law

All laws apply equally to all citizens.
No one is above the law, including government officials, wealthy people, and even the President. It also means that everyone is subject to the jurisdiction of ordinary courts of law, regardless of their position or status.
every citizen has a right to approach the courts in case laws are violated
The term "rule of law" originated in England and was adopted by India.
The Supreme Court interpreted Article 14 of the Indian Constitution in the case of E.P. Royappa v. State of Tamil Nadu (1973)

A.V. Dicey's concept of the rule of law:
Based on 3 principles (Law is Supreme, Everyone Equal before law, Constitution is created from ordinary law)

Modern concept of Rule of Law
All people and institutions are subjected to same law.

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

16. Equality of opportunity in matters of public employment.

17. Abolition of Untouchability.

18. Abolition of titles

2. Right of Freedom (Art 19-22)

19. Freedom of Expression/Speech

The right to express views and opinions on any issue through any medium.
This includes words, writing, printing, pictures, films, and movies.

Grounds of restrictions on freedom of speech and expression

Defamation
Contempt of court
Decency or morality
Security of the state
Friendly relationship between India with other country
Incitement for an offence
Public order
Maintenance of the sovereignty and integrity of India
Obscenity
Libel, Slander, Pornography, Sedition
Fighting words, Hate speech, Classified information, Copyright violation, Trade secrets

Freedom of the press:

The right to disseminate(spread) information
This includes the right to express one's opinion freely without fear through oral, written, electronic, broadcasting, or press.

Right to Information Act, 2005: This Amendment to the constitution was to protect freedom of the press.
This amendment gives Indian citizens access to information held by public authorities
The law aims to promote transparency and accountability in the functioning of public authorities
It has been used by citizens and the media to uncover corruption, government work progress, and expenses-related information
The RTI Act 2005 applies to the whole of India, except the state of Jammu and Kashmir.

Right to Information Act related case: Subhash Chandra Agarwal v Indian National Congress & Ors Court was considering the depth of right to information about the candidates contesting elections (Parliament or State Legislature) Subhash Chandra Agarwal wanted to know about antecedents of candidates contesting elections
The Election Commission asked candidates to provide all information(criminal charges or cases against them, educational qualifications)

Freedom to propagate or publish ideas

The right to seek, receive, and impart information and ideas of all kinds.

Right not to speak

The right to hold opinions without interference

Assemble peacefully/form association

Freely move and settle in any part of india

Acquire/hold/dispose property

20. Protection in respect of conviction for offences.

No one can be given punishment greater than what was provided in the law prevalent at the time of its commission.

Protection in respect of conviction for offences

a. No Ex-post-facto law: a law that changed from past

b. No Double Jeopardy: An individual who is convicted for offence once cannot be convicted again for the exact crime unless the same has been repeated by the same individual.

c. No self-incrimination: Situation in which an individual provides evidence or makes statements that may be used against them in a legal proceeding

21. Protection of life and personal liberty.

The right to live with human dignity
The right to livelihood
The right to privacy
The right to medical care
The right to a fair trial
Protection against arbitrary detention and torture
Freedom to make personal and individual decisions, such as: Marriage, Religion, Food, Clothing

Maneka Maneka v. Union of India
July 2, 1977, Maneka Gandhi was asked to surrender her passport by passport authorities for public intrests Maneka Gandhi filed writ petition in Supereme court stating right to personal liberty is voilated
Judegement: Personal liberty should be considered. No reason to ask passport unnccesarily. Article 21 includes the right to travel internationally.
Gandhi requested the grounds for the impoundment, but the government refused to provide them.
Supreme Court established the concept of post-decisional hearing to balance administrative efficiency with fairness to individuals

21A. Right to education.

22. Protection against arrest and detention in certain cases.

Rights of arrested person under Art-22

To be informed of groudns of arrest

To be defended by lawyer of his own choice

To be produced before majistrate with 24 hours

No detention beyond 24 hours except by order of majistrate

Preventive Detention(The imprisonment of a person without a trial or conviction to court)

Why needed?

The purpose of preventive detention is to prevent a person from committing a crime in the future, not to punish them for a past offense.
Preventive detention is often used to prevent further criminal acts. For example, a convicted criminal who has served their sentence but is considered too dangerous to release may be detained

Constitutional provision related to preventive detention

Article 22(4) of the Constitution states that no law can authorize preventive detention for more than three months. If an extension is needed, an advisory board must report that there is sufficient cause.

Article 22(1) of the Constitution guarantees the right to legal counsel.
Preventive detention can be used indefinitely, even in times of peace or non-emergency situations.
The District Magistrate or a Commissioner of Police can make the order.
The State Government must be notified of the detention, along with the reasons for the order.

Safeguards for preventive detention

Review by an Advisory Board
Communication of grounds of detention to the detenu
The detenu's right of representation
Producing the detainee before the nearest magistrate within 24 hours
No detention beyond 24 hours without the authority of a magistrate

Terrorist and Disruptive Activities (Prevention) Act (TADA) 1985

TADA has provisions for preventive detention

The act allows for up to 180 days of detention in police custody for investigation.
This period can be extended to one year if the Public Prosecutor applies for it.
The act also allows for detention without formal charges or trial for up to one year. TADA is an anti-terrorism law. Other anti-terrorism laws in India include:
Prevention of Terrorism Act (POTA) of 2002
Maintenance of Internal Security Act (MISA) of 1971
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) of 1974

3. Right against Exploitation (Art 23-24)

23. Prohibition of traffic in human beings and forced labour.

24. Prohibition of employment of children in factories, etc

4. Freedom of religion (Art 25-28)

25. Freedom of conscience and free profession, practice and propagation of religion

This right is subject to public order, morality, and health.

The judiciary has taken over the role of clergy in determining what religious practices are essential or non-essential.

Aligarh Muslim University Act of 1920 (AMU Act)?

Merged MAO College and another Muslim University Association into a single university.
The AMU Act was amended in 1951 to remove Islamic teachings.

Constitution guarantees religious freedom to all citizens, but state has clear power to regulate and control this freedom

Article 25(2) also empowers the state to regulate or restrict religious practices that are economic, political, or financial

26. Freedom to manage religious affairs.

27. Freedom as to payment of taxes for promotion of any particular religion

28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

5. Cultural & educational rights(Art 29-31)

29. Protection of interests of minorities.

a. Protects the interests of minorities and guarantees that citizens cannot be rejected from state-run educational institutions or government funds on the basis of religion or language.
b. It also prevents the state from imposing an external culture on citizens.
c. Citizens have the right to keep their own language, script, or culture.
d. State educational institutions and institutions receiving state aid cannot discriminate against anyone on the basis of race, caste, or other characteristics.
e. No discrimination would be done on the ground of religion, race, caste, language or any of them.

30. Right of minorities to establish and administer educational institutions.

Gives minority communities the right to establish and manage their own institutions.

[31. Compulsory acquisition of property. —Omitted.]

6. Saving of Certain Laws (Art 31A-31D)

31A. Saving of Laws providing for acquisition of estates, etc.

31B. Validation of certain Acts and Regulations.

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

[31D. Saving of laws in respect of anti-national activities.—Omitted.]

7. Right to constitutional Remedies (Art 32-35) (sem-2)

Remedies that citizens of India can use to protect their fundamental rights.

Writs

Writs are written orders issued by the Supreme Court of India to enforce constitutional remedies

2 types of writs

a. Prerogative writ:

This is a legal order that directs a government agency, official, or court to take a specific action

b. Judicial writ:

This is a legal document issued by a court or judicial officer

5 types of Prerogative writs

Habeas Corpus(means you have the body):
- A writ that challenges illegal detention or confinement
- Asks for immediate release of unlawful detention wheather in prison or pvt custody.
- Who can apply? Prison himself or his husband/wife/son/father on his behalf, can convey informal Communication, court will take action
- When can writ be issued? Person should be in custody. Order of arrest must be defective.
- When cannot be issued? if person is released, outside court jurisdiction, when person arrested under preventive detention law.

Mandamus:
- A writ that directs a public authority to perform its duties
- When writ can be granted? if rights are infringed. non performance of duty of public authority.
- 1983. Case(Punjab Engg College v Sanjay Gulati: SC ordered PEC to admit deserving candidates, failing to do so will get inquiry.

Prohibition:
- A writ issued by superior court that prevents a lower court from exceeding its jurisdiction
- When writ can be issued? Both absence and voilation of jurisdiction, natural justice, fraud.

Certiorari:
- Order by superior court to transfers a matter from an inferior court to it.
- Who can apply? Person whose legal rights are voilated.
- Case: Champalal vs Commissioner of Income Tax(1970): Writ was lying in High court

Quo-Warranto:
- A writ that enforces rights against any authority in the state, ie warrant againt the person. Cases:
1. Ram Sahay(Public servant in Legislative Assembly of MP) v Anand Bihari: Anand Bihari challenged authrotity of Ram Sahay to occupy office for long time.

32. Remedies for enforcement of rights conferred by this Part

[32A. Constitutional validity of State laws not to be considered in proceedings under article 32.—Omitted.]

33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

34. Restriction on rights conferred by this Part while martial law is in force in any area

35. Legislation to give effect to the provisions of this Part

Only available to Indian citizens

Prohibition of discrimination on grounds of race, religion, caste, gender, or place of birth
Equality of opportunity in matters of public employment
Protection of citizens' freedom
Rights of minorities

Can fundamental rights be suspended

1. President of India can suspend fundamental rights during a national emergency, state emergency, or financial emergency. Emergency caused by:

War External or internal aggression
Armed rebellion
Breakdown of constitutional machinery in a state

2. Fundamental rights can also be restricted in areas under martial law or military rule

Can fundamental rights be ameded

Parliament can amend the fundamental rights of citizens through a constitutional amendment.

The amendment must be passed by both Houses of Parliament with a special majority. This means that two-thirds of the members present and voting must approve the amendment

Some examples of constitutional amendments include:
44th amendment: Removed the Right to Property from the list of Fundamental Rights in 1978
86th amendment: Added provisions regarding the Fundamental Right of a child to free and compulsory education

Article 12(Meaning of state for purposes of fundamental rights)

The government and Parliament of India
The government and Legislature of each state
All local or other authorities within the territory of India

Meaning of law for purposes of fundamental rights

Fundamental rights are a group of rights that are protected by the Constitution. They are considered fundamental because they are so important for individual liberty that they should be beyond the reach of the political process. They are also enforceable in a court of law

They include protections against discriminatory law enforcement

Article 13 protects fundamental rights

Article 13

Makes any law that violates fundamental rights as null and void.
It also ensures that state governments cannot pass laws that violate fundamental rights

Article 31. Compulsory acquisition of property(Omitted) (sem-2)

44th Constitutional Amendment Act of 1978: - Right to property in India from a fundamental right to a legal right
Why it's removed from Fundamental Right?
The amendment was a response to the need for land reform. The government was unable to proceed with public infrastructure projects and reforms because people were going to court to prevent the acquisition of private property.
The Constitution guarantees the right to compensation equivalent to the monetary worth of property obtained through force. The expropriated owner must be paid for the value of their property

Doctrine of eminent domain

Government has eminenet power to take private property of indivisual for public use without the owner's consent.
Salus Populiest Superema lex(ie Welfare of People is paramount law).
Necessiata Public Major Est Quam(ie public neccesity is greater than private).

Cases

1. 1973 Keshavnand bharti vs State of kerela
2. 1954 Wazir Chand vs State of HP:
- Issue: Police taken possession of goods of petioner.
- Verdict: This is clear infrigment of Art-13 by J&K police.

Directive Principles of State Policy (DPSP) (Part IV. Art:36-51)

What? Ideals that the state considers when creating policies and laws.

Types of DPSP? Economic & Socialistic, Political and Administrative Justice and Legal, Environmental, Protection of Monuments, Peace and Security

How DPSP are related to Fundamental Rights?

Fundamental Rights vs DPSP The FR & DPSP are interpreted and applied together

Kesavananda Bharati vs State of Kerela

Kesavananda Bharati was the chief of Edneer Mutt(A monastic religious institution located in Kerala)
Bharati had some land in the Mutt which he owned. The Kerala state government passed the Land Reforms Amendment Act in 1969, As per this Act, the government could acquire some of the lands that belonged to the Mutt.
In 1970, Bharati went to Supreme Court against state govt amendment under: Article 14(Right to equality), Article 19(Freedom to acquire property)
Kerela govt told supereme court cannot amend the constitution of India
13 judges committee was formed to decide on verdict.
Judgement:
- After following Art-368(in constitution), any part of constitution can be amended, but no amendement is allowed which changes basic structure of constitution or changes its structure completely
- DPSP and FR are basics of constitution, and need to be understood deeply

	fundamental Rights	DPSP
Nature	negative or prohibitive	Affirmative
Enforceable	yes	No. Person cannot walk to court to get DPSP
Target	For citizens	For government

Fundamental Duties(Part:4A Art:51A)

What?

These are meant to remind citizens that the Constitution grants them fundamental rights, but also requires citizens to observe basic norms of democratic behavior.

Fundamental Duties are enforcable, that means The Parliament can impose penalties for failure to fulfill any of the duties

11 Fundamental Duties

Respect the Constitution
Protect the country's unity, sovereignty, and integrity
Cherish the ideals that led to India's independence
Develop scientific temper
Preserve the country's natural environment and composite culture
Safeguard public property
Avoid violence
Promote harmony and brotherhood among all Indians
Render national service when called upon
Provide education to children between the ages of 6 and 14

Source of Fundamental Duties

Concept of fundamental duties in the Indian Constitution was borrowed from the Constitution of the Union of Soviet Socialist Republics (USSR)
1976,42nd Constitutional Amendment Act added the duties to Part 4A of the Constitution. The Swaran Singh Committee recommended the addition.

Doctrine of Waiver

legal principle that allows a person to voluntarily give up or surrender their rights under certain circumstances

Found in section 63 of the Indian Contract Act, 1872

Cases

Basheshwar Nath v. Income Tax Commissioner (1959)

The Supreme Court ruled in the case of that it is impermissible for any citizen to waive their fundamental rights

Part-5. THE UNION

(Art52-73) CHAPTER 1.THE EXECUTIVE The President and Vice-President (sem-2)

Art-53. Executive power of the Union (sem-2)

Powers of President

1. Supreme Executive Powers: Supreme command of Defense of Forces is in his hands
2. Power of Appointment: Will Appoint: Attorney-General of India, Judges of SC, Comptroller & Auditor General, Governers of states, High court judges, Finance commission of India.
3. Diplomatic Powers: Can send/recv Ambassadors. International treaties done on name of president.
4. Power of Pardon: Power to reduce, alter punishment.
5. Summon any house: Summon any time and address both houses together.
6. Assent to Bills.
7. Emergency Powers

Art-54. Election of President (sem-2)

Elected by members of Electoral College(elected members of loks sabha, rajya sabha, legislative assembiles of state)
There should be uniformity in scale of representation of different states at election of president.
To calculate uniformity quotient is calculated by dividing state population with total elected members
Legislative assembly(Vidhan Sabha) at state = Lok Sabha at center
legislative council(Vidhan Parishad) = Rajya Sabha.

Art-61. Procedure for impeachment(Charging for wrongdoing) of the President (sem-2)

The impeachment process can be initiated by either house of parliament. Following conditions must be met:
- The charge must be for violating the Constitution
- The resolution must be moved after at least 14 days' notice
- The notice must be signed by at least one-fourth of the total number of members of the house
- The resolution must be passed by a majority

Art-72. Power of President to grant pardons, remit or commute sentences in certain cases (sem-2)

The President's pardoning powers are executive powers and are independent of the Judiciary.
President cannot exercise their power of pardon independent of the government
It is usually granted when the applicant accepts responsibility for the crime and has good conduct for a significant period of time after conviction or completion of sentence.
Pardon completely absolves the guilt of the offender.

Types of pardoning powers:
1. Remission: Reduction of amount of sentense. Eg: reduction from 2 years to 1.
2. Commutation: Exchange of 1 thing from another. Substitution of 1 form of punishment by another.
3. Respite: Awarding lesser punishment on special grounds. Eg: pregnancy of woman.

Cases:
1. Kuljeet Singh v Lt governor of Delhi:
- Case: Ranga,Billa murdered 2 innocent children & awarded death sentence by Session & High court. Both appealed president. President rejected petition without giving any reason. They appealed high court for asking reason of rejection
- Verdict of SC: Court ordered execution of both culprits.

Art 75. Other provisions as to Ministers(sem-2)

Doctrine of collective responsibility of cabinet

This holds ministers are jointly accountable for the actions and decisions of the government as a whole
Main components of doctrine:
1. Confidential discussions: Ministers should do free discussions before making a collective decision, that discussions should remain confidential.
2. Cabinet confidentiality: Cabinet members must not reveal the content of discussions which take place.

Art 76. Attorney General for India

He is country's highest law officer
Appointment:
  Appointed by the President of India on the advice of the Council of Ministers
  Indian citizen
  Either a High Court judge for 5 years, High Court advocate for 10 years and Eminent Jurist
  The President also fixes the AG's salary and allowances
  The AG holds office during the pleasure of the President
Duties
  Chief legal advisor to the government
  Appear on behalf of Govt before SC or HC
  Right of audience in all courts

Solicitor General of India(Not directly mentioned in the Constitution)

Appointed legal assistant to the Attorney General

(Art: 105,106)Powers, Privileges and Immunities of Parliament and its Members (sem-2)

Art 105. Powers, privileges the Houses of Parliament/Legislature

1. Freedom of Speech

- There is complete freedom of speech within 4 walls of parliament to member of parliament.
- No MP would be liable for any court proceedings to whatever said in parliament
- But outside if he makes any defamatary statement, he will be held himself liable.
No comments on conduct of judge of SC is allowed in parliament.

2. Right to publication of its proceedings

- No person/newspaper is liable to any court proceedings for publication of reports, votes, papers of matters discussed in Parliament

3. Right to exclude strangers & hokd secret sessions

- This right is inherited from England constitution. Parliament can hold secret sessions for important matters. But no session is held secret now, to keep public informed.

4. Right to punish members or outsiders for contempt

- A member may be suspended or expelled from house or sentensed o jail, but he can still contest elections.

(Art: 107-111)Legislative Procedure

Art-107. Provisions as to introduction and passing of Bills

What is Bill? A bill is a draft of a legislative proposal that is presented to Parliament for debate

Kinds of Bill?
- Public bills: Deal with matters of national interest.
- Private bills: Grant special powers, benefits, or exemptions to a person or persons.

4 types of bills:
- Ordinary bills: Deal with any subject other than financial matters.
- Art 111. Money bills
- The Finance Bill: Having financial budget
- Constitutional Amendment Bills

Procedure for Passing the Bill/Bill becoming the Law/ Reading Stages:
1. First Reading(Proposal and introduction):
- Bill is introduced in either of house(lok sabha or rajya sabha), by MP or Minister.
2. Second Reading(Discussion):
- Bill is examined. Members of Parliament discuss and debate its provisions, amendments suggested.
- Bill may be passed to committee for examination and debate.
3. Third Reading and Voting:
- With 2/3rd of yes voting, bill is passed in house.
4. To other House & President OR DEADLOCK:
- Bill is passed to other house for voting and similar process is repeated.
- Art 111. Bill is sent for president's Assent
Deadlock:
- if bill is passed in 1 house, but not in other, a deadlock is created.
- To resolve this constitution provides Art:108 joint sitting of houses.

Art-108. Joint sitting of both Houses in certain cases

Joint sitting is Called by president by summoning both houses.
If 2/3rd majority happens in joint sitting(with members present on day of sitting) bill is passed.
Speaker of Lok Sabha, or in his absence person determined by rules presides the joint sitting.

Art 109. Special procedure for Passing Money Bills

1. Money bill can only be introduced in Lok Sabha(not in rajya sabha) with recommendation from president
2. After money bill is passed in lok sabha, its sent to Rajya Sabha for its recommendation, Rajya sabha should return with 14 days with acceptance or rejection(with recommendation. if Rajya sabha does not return within 14 days, Bill is taken as passed from rajya sabha and moved further. That means in any case Rajya sabha can only hold money bill for Max 14 days.
3. Lok Sabha may take or reject all recommendations from Rajya sabha and pass to president for Assent.

Art 110. Definition of "Money Bills"

Money Bill can be passed any of following matter:
1. Tax: Impose, Abolish, Alter any Tax
2. Fund: Change, Withdraw, Usage of any of following.
- Consolidated Fund: Funded by Direct and indirect taxes, loans taken by the Indian government
- Contingency Fund: enables the government to meet unforeseen expenditure(Disasters). The fund is held by the finance secretary on behalf of the President, who requires legislative consent for fund withdrawal.

Decision whether it's Money Bill?
Speaker of lok sabha decides whether its money bill or not
When bill is sent to president a certificate is endorsed stating its Money bill.

Art 111. Assent to Bills

Even if both houses have passed the bill, it cannot become law without President's Assent.
President may either: Give Assent, withhold his assent, Return bill(if not monry bill) for reconsideration.
With or without changes, if houses gives bill to president for Assent, 2nd time he has to provide Assent.
If still president want to withhold the bill for 2nd time, He has to use Vetoing Power (in consent with ministry).

(Art 112-117) Procedure in Financial Matters

Art 112. Annual financial Statements

Annual Financial Statement (AFS) is the main budget document for the Republic of India. It is also known as the Union Budget of India
This is statement of the government's estimated receipts and expenditures for the financial year, which runs from April 1 to March 31
The AFS is presented to both houses of Parliament and is the basis for the Union Government's budget.
The AFS is presented in two parts: the Railway Budget and the General Budget.

What is Financial Bill?

Any bill relating to revenue & expenditure is Financial bill. 3 kinds of financial bills:
- Money bill
- Other Financial bill
- Bills involving expenditure

Money bill vs Financial bill

	Money Bill	Financial Bill
What	Contains matters of money	Apart from Money, other matters can be added
Originate in	Lok Sabha(with recommendation from President)	Lok Sabha(with recommendation from President)
Rejection	Cannot by Rajya Sabha	Can be rejected by rajya sabha

Provisions for Independent judiciary in constitution(sem-2)

1. (Art 121) No discussion in parliament of state legislature on conduct Judges

No disscussion can take place ion conduct in discharge of duties

Art 122 Power of President to promulgate Ordinances(LAW) during recess of Parliament

President can issue ordinances only when both houses of Parliament are not in session.
Only for circumstances require immediate action.

Rules about President's ordinance-making power:
- Can only present an ordinance for subjects on which Parliament has the authority to formulate laws.
- Ordinances have the same force and effect as an Act of Parliament
- maximum validity of an ordinance is 6 months and 6 weeks
- ordinance will expire after 6 weeks once both houses of the Parliament are in session
- A constitutional amendment cannot be made through ordinance route.

Can President misuse ordinance-making power: YES
Case: 1987 Wadhwa v State of Bihar:
- Bihar governor made 256 ordinances between 1967-1981.
- 69 of these ordinances were kept alive for 14 years with permission of president, which is unconstitutional.

2. (Art 124) Security of Tenure of Judges

SC judge can only be removed when:
1. Order of president(on proved misbehviour, incapacity) + 2/3 majority of each house
2. Parliament may investigate about misbehaviour.

3. (Art 124) Prohibition of practice post retirement

SC judge cannot appear or pled in any court or before any authority in India

4. (Art 124A,229) Appointment of judeges by Legal experts & Executive

A Executive is required to consult SC, HC judeges for Appointment of SC judge.

5. Salary of SC Judges is fixed not subject to vote of parliament

Salaries are charged on consolidation fund of India

6. (Art 129,215) SC & HC has power to punish person who contempts court

Provisions related to amending the constitution(sem-2)

Different articles in constitution can be amended by different ways.

1. Simple Majoiry: Art(169, 239A) can be amended by Simple Majority in parliament.
2. Special Majority: All articles which can be modified using special majority are laid dow in Art-368.
3. Special Majority & Ratification(approve aggrement) by 1/2 of States: Some Articles mentioned in Art:368 need special majority and ACK from 1/2 of states. Examples: Election of President, Extent of executive power of union & state, Any list in 7th schdule, Art 368 itself.

Art-368. Procedure for Constitutional amendement

Bill to amend constitution can be presented any house of parliament & need to be passed with 2/3 majority in both houses.
Bill then presented to President, who should provide assent to amend.
But to amend Art-368, you need Special Majority & Ratification(approve aggrement) by 1/2 of States

Cases Constitutional amendement

1965. Sajjan Singh vs State of Rajasthan(Challenged validity of 17th constitutional amendement 1964)

17th Constitutional Amendment: Made changes to balance state power and individual rights in land acquisition
Verdict: Chief Justice said Constitution makers have excluded fundamental rights when amending state powers.

1971. Golak Nath vs State of Punjab(Challenged validity of 17th constitutional amendement 1964)

Verdict: From this Date, Parliament does not have power to amend part-3 of constitution, which takes away fundamental rights.

1971. Keshavnand Bharti v State of Kerela(Challenged validity of 24th constitutional amendement 1963)

Challenged validity of land reform act 1963

39th Constitutional Amendment. 1975. Raj Narain(Defeated Opposition Candidate Rae Bareilly) v State of UP(PM Indira Gandhi guilty of electoral malpractices)

39th Constitutional Amendment (10/Aug 1975)
Placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts
Passed during the Emergency of 1975–1977. It was moved by the Congress government headed by Indira Gandhi to preempt a hearing by Supreme Court of India concerning the setting aside of Gandhi's election by the Allahabad High Court on the grounds of corrupt electoral practices
Later SC has turned down this amendment stating it voilates basic structure of Constitution(Rule of Law, Judicial review, Democracy)
History:
- 1969 (General Elections) Congress won Majority, formed the govt. 1971 party split and congress lost MPs due to internal division. Govt got dissolved in 1971.
- INC stood in power by taking support from outside parties as DMK, CPI(M). But it cannot stay long and elections happened on 1971.
Case(Filed in 1971):
- Raj Narain fougt against Indira Gandhi (Ra Bareilly) & lost,he filed case in Allahbad high court, that Gandhi has bribed election officers, used government employees as election agents.
- Raj Narain fought case for 4 years. Raj Narain(Shanti Bhushan), Gandhi's Lawyer(Nanabhoy Palkhivala).
Verdict(12/Jun 1975):
- Justice Jagmohanlal Sinha found Gandhi guilty of electoral malpractices. Sinha declared the election verdict in the Rae Bareilly constituency "null and void". and barred Gandhi from holding elected office for 6 years.
- The court order gave the Congress (R) twenty days to make arrangements to replace Gandhi in her official posts
- INC gone to Supreme court to challange verdict, but verdict was against INC.
Emergency(26/June 1975 to 21/Mar 1977 = 25 Months):
- With help of Article 352, President of India(Fakhruddin Ali Ahmed), upon the advice of Prime Minister Gandhi, declared state of emergency
- The government argued that the political disorder was a threat to national security. - This allowed govt to rule by Decree(Official order or decision made by a person with authority, like a government)
- Elections were cancelled, Press was censored, most of INC's opponents were jailed.
- Human rights voilation(illegal Forced Sterlization=Nasbandi) done by Sanjay Gandhi(Indira's Son)
Elections After Emergency(16-20/Mar 1977):
- Furore boiled, several leaders were released, while some kept in jail & Indira Gandhi called for elections.
- Janata Party & CFD won(298/543 seats) + 47 seats by allies. Indira loss Rai Baralliey to Raj Narain by 55000 votes
- Congress did scored single seats in Bihar, UP. Morarji Desai became 1st NON-CONGRESS PM
- During emergency Gandhi's Lawyer(Palkhivala resigned as her lawyer to protest against the decision)

1980. Minerva Mills Ltd vs Union Of India

Art:(124-147) CHAPTER 4. THE UNION JUDICIARY(sem-2)

Art:124 Establishment and constitution of the Supreme Court

Procedure for appointment of judges of supreme court

- President appoints Supreme Court judge with consultation from collegium(Closed group of the Chief Justice of India, the four most senior judges of the court)
- A Supreme Court judge holds office until they attain the age of 65 years
- They can be removed from office by an order of the Parliament on grounds of proved misbehavior or incapacity

Jurisdiction of Suprerme Court of India (sem-2)

1. (Art. 129)Supreme Court is court of record.

SC can punish for contempt(Civil or Criminal) of court
- Civil Contempt: Willful disobedience of judegement, direction, order of court.
- Criminal Contempt: Written, spoken, signs to lower authority of court.
- Case: 1994.Mohd Aslam vs Union of India:

- Kalyan Singh CM of UP made a statement that he will not allow any construction on disputed site(No court can do anything) except by congregation of Sadhus. Court found it contempt of court and Fined Rs 2000 & 1 day jail. it establblished No is above Court.

2. (Art. 131)Original Jurisdiction of Supreme Court

SC has original jurisdiction in any of following matters:
1. B/w Govt of India and 1 or more states
2. B/w 2 or more states
3. 1 state on 1 side and all other on other

3. (Art. 132)Appellate Jurisdiction of Supreme Court

SC is highest court of Appeal. This jurisdiction is divided in to 4 heads:
1. (Art 132(1)): Appeal in Constitutional Matters
2. (Art 133): Appeal in Civil Cases: if High court orders case should go to Supreme court if its question of general importance. High court issues a certificate for same.
3. (Art 134): Appeal in Criminal Cases: if High court orders case should go to Supreme court if its question of criminal importance. High court issues a certificate for same.
4. (Art 136): Appeal by Special Leave: SC is authorized to grant special leave to himself from: any judegement, case or matter.

4. Advisory Jurisdiction of Supreme Court

(Art. 143)Power of the President to consult the Supreme Court

if question of law, public importance arises before Predident, He can obtain opinion of SC. Court is bound to give opinion there on. Note SC is not bound to answer.
Till date 8 references are made to SC: 1951(Delhi law case), 1958(Kerela Education bill case), 1992(Cauvery dispute tribunal)

Art. 139A. Transfer of certain casesby Supreme Court(sem-2)

SC can transfer civil and criminal cases from one state high court to another.
Also from subordinate court to another state high court.

When case can be withdrawn from HC by SC:
- Questions of general importance.
- Same question is present before SC.

Cases:
1. 1986. Operation Blue Star. Shiromani Gurudwara vs Union of India:
- Case: Gurudware committe filed case for damages to gurudwara during operation in Punjab HC.
- Verdict: SC moved the case to Delhi HC to remove sentiments from case.

Art. 143. Power of the President to consult the Supreme Court(sem-2)

When a question of law or fact which has arisen or is likely to arise
Question of fact is a question that can be answered by referring to facts, evidence, and inferences drawn from those facts.
A question of law is an issue that can be answered by applying relevant legal principles

Art:(148-151) CHAP 5. COMPTROLLER AND AUDITOR GENERAL OF INDIA(sem-2)

Art 148. Comptroller and Auditor-General of India

- This is Supreme auditor institution of govt
- It is responsible for auditing all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government
- It is appointed by the President of India and can only be removed in the same manner as a Judge of the Supreme Court.
- CAG is appointed for a period of 6 years or until they attain the age of 65 years, whichever is earlier.
- Also called Guardian of the Public Purse, since It is responsible for ensuring that the government uses public money in a proper and accountable manner.
- The CAG's reports are placed before the Parliament and the state legislatures.

(Part-6)The States

(Art 153-162) Chap-2 The Governor

Art 162. Extent of executive power of the State

Powers of Governer(sem-2)

Executive powers: - Can appoint a chief minister
- Approve bills passed by the legislature
- Call legislative sessions.
Legislative powers:
- Can enact laws to facilitate the state government's business operations.
- He is head of houses of legislature, Nominates 1/6th of members of legislative assembly.
- Governer summons houses of legislature & may dissolve legislative assembly.
Ordinance(law) making power of governor:
- Similar to President in matters of bills.
Judicial powers:
- The governor can grant pardons, or remission of punishment. They can also suspend, remit, or commute the sentence of any person convicted of any offense at state level.
Financial powers:
- No money bill or other Financial bills can be moved in legislature without Governer's assent
- The governor can look over the state budget

Governer is mere constitutional head

Even all above powers are vested in him, he need to get advise council of ministers.

(Art 165)Advocate General of State

Appointment
  By the Governor of the state
  Judge of the High Court for 5+ years
  Not more than 62 years
  Enjoys office till pleasure of governor
Duties
  Provides legal advice to state government

(Art 214-232) Chap-4 CHAPTER V. THE HIGH COURTS IN THE STATES(sem-2)

Art 226. Power of High Courts to issue certain writs

Writs are used to enforce fundamental rights
High Courts can issue writs to any person or authority, including the government, within their jurisdiction. They can also issue writs outside their jurisdiction if the cause of action is partly or wholly within their jurisdiction

Art 227. Power of superintendence over all courts by the High Court

Superintendence(directing or overseeing the performance or operation of a person or group)
High Courts have the power of superintendence over all courts and tribunals within their jurisdiction.

Powers of superintendence include:
- Make rules for courts and prescribe fees
- Transfer of cases to high court
- Control over subordinate courts
- Appointment, consultation of district judges

(Part-11)Relation between Union & States

(Art 245-255) Chapter 1. Legislative Relations (sem-2)

There are 2 kinds of relationship: Territorial, Subject matter

(Art-245) Territorial Relationship

Parliament can make laws for whole territory of India

2. Subject Matter Relationship.

These are discussed in 3 lists: Union, state, Concurrent
Predominanace of Union List: In case of disaggrement, Union list prevails over other. Then concurrent and lastly State list.

	Union List	State List	Concurrent List
What	All subjects of national importance are mentioned here. Total 97 subjects	Subjects of local order. Total 66 subjects	Both union and state can make laws. Has 47 subjects.
Examples	defence, foriegn affairs, banking	Public Order, Police, local govt, public health, sanitation, argiculture, forest, education

Cases of Union, State, Concurrent Lists

1972. Union of India vs HS Dhillion.
- Question: Does parliament has power to impose wealth tax on argicultural wealth.
- Court Verdict: Check matter falls List-2(State) of List-3(Concurrent)? if matter is not in List-2, Unions can make decisions

1981. State of Haryana v International Tourism orporation.
- Case: State govt is imposing tax on passengers & goods carried by National Highways. But state govt is incompetent to do so.
- SC Verdict: State govt can levy taxes on roads maintained by state govt.

Doctrine of Pith(true nature) & Substance

if law passed by 1(state or union) encroaches into other's field, Court can apply this doctrine
Mere falling into other's field does not make law unconstitutional, Laws main purpose should not be unconstitutional.

Cases of Doctrine of Pith & Substance

1951. Balsara vs State of Bombay.
- Case: Bombay Prohibition Act(Restriction of sale of liquor in state) was challenged stating this law encroaches import of liquor on inter-state boundary, which is Central subject.
- Verdict: Though import falls in Union list, Bombay Prohibition Act will remain in force because pith & substance of act are valid.

1959. Deep Chand vs State of UP
- Case: State govt making changes in Motor Vehicle Act(1939) is invalid, because act was passed by center.
- SC Verdict: Since both union and state occupied same feilds, Union law will prevail, State law becomes void.

Art: 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest(sem-2)

Parliament can make law if Rajya sabha passes a resolution with 2/3rd majority for national intrest even if subject is under state law.
But these laws will cease after 6 months, since expiration is 6 months.

Art: 250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation(sem-2)

Parliament has power to make laws for any territory of India under emergency with matters from state list.
But these laws will cease after 6 months, after censure of emergency in 6 months.

Art: 252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.

if 2 or more states say legislature should make law from any matter of state list, then parliament can.

Art: 253. Legislation for giving effect to international agreements

Parliament has power to make treaties & international aggrements for any part of territory of India.

(Art 256-263) Chapter 2. Administrative Relations (sem-2)

Art: 256. Obligation of States and the Union

State should enforce union laws which are applicable to that state.
In case of failure of state machinery, Parliament is empowerd to make decisions from state list.

Art 257. Control of the Union over States in certain cases.

Railways, Military settlements construction and maintaince cost is given by center to state, state should obey.

Art 262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.

Parliament has power to enact laws to settle disputes relating to waters of inter-state rivers.

Art 263. Provisions with respect to an inter-State Council.

If any time it appears to Parliament, that inter state disputes can be settled by creating a council for:
- Inquriing cause, Investing & discussing, Making recommendations.

Financial Relations(sem-2)

- Finance commission to review position from time to time

Duties/Taxies levied by Union/Center but collected by state

1. Estate duty on property other than argicultural land
2. Taxes levied on goods carried by railway, sea or air
3. Taxes other than stamp duties in stock exchanges
4. Taxes on advertisements in newpaper
5. Interstate commerce and trade tax

Taxes levied by Union/Center & distributed b/w state & center

1. Income tax, corporation tax

Taxes levied by State & used by state

1. State, Municipality tax
2. employment, trades tax

FINANCE, PROPERTY, CONTRACTS AND SUITS (sem-2)

(Art 264-291) Chapter 1. Finance

Art 266. Consolidated Funds and public accounts of India and of the States(sem-2)

Consolidated Fund on India: Repository for all revenue received by the Government of India
Inflow from various sources such as income tax, customs, central excise, and non-tax revenue.

Art 268. Duties levied by the Union but collected and appropriated by the States(sem-2)

Stamp duties, excercise on medicines, toilet preparations

Art 268A. Service tax levied by Union and collected by the Union and the States.[Omitted.]

This is levied by Union, but collected by state.

Grants in Aid

Art 273.

This is levied by Union, but collected by state.

Art-280 Finance Commission

Appointment of Finance Commission in Art-280 to review position of financial relation b/w state and center from time to time.
Finance Commission is to recommend to President changes in distribution of taxes b/w states and union
Finance Commission is to define principles on which Union govt need to make grants/aids to states

Types of Grants/Aids

Art-273. Aid on duty on export of jute products for Assam, Bihar, Orrisa, West Bengal.

Art:285 Exemption of property of the Union from State taxation(sem-2)

Doctrine of immunity of instrumentalities

Both the State and Central (Federal) Governments possess immunity from being subjected to taxes imposed by the other.
This immunity applies to entities established by these governments, specifically Statutory Corporations established by them.
State has no power to lexy tax on Center's property & vicerversa.
Immunity is from Center's direct taxes, but not from indirect tax(Eg: Duties of Customs & Excise).
Examples:

1. Exemption from tax on electricity: State cannot charge tax on Center's construction(eg: Railways).
2. No tax on water

Art-286 Sale/Purchase of Goods which take place outside state

- Prohibits state to impose tax of sale/purchase of goods which take place outside state
- Central Sales Tax Act, 1955: Only Center can impose tax on import/export of goods outside india
- Central Sales Tax Act, 1956: Only Center can impose tax on interstate sale/purchase of goods

(Art 294-300)CHAPTER 3. PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS(sem-2)

Article 298

Government can enter into contracts to carry out its functions. The government and state governments are liable for any disputes or issues that arise from government contracts.

Art:299. Contracts

The government must fulfill certain formalities to enter into contracts. These formalities include:
  The contract must be in writing
  The contract must be executed by an authorized person
  The contract must be expressed in the name of the President or Governor
The President, Governor cannot be held personally liable for contracts made with person for purposes
But The government can be sued for civil wrongs committed by its officials

Cases:
1. Bihar EGF cooperative society vs sipahi singh: 1975-1976, fishery rights for Gangapath Islampur Jalkar were given to Sipahi Singh auctioneer at Rs. 165,000. Due to heavy loss sipahi singh requested for extension and govt aggreed 1976-1977 and 1977-1978, conditional on a deposit of Rs. 165,000. Later, the government changed its decision and settled the fishery rights with the Bihar EGF Cooperative Society. Sipahi Singh filed a writ petition under Article 226. High Court allowed the petition based on the doctrine of promissory estoppel(legal doctrine that allows a promise to be enforced even if it is not enforceable as a contract). SC rejected the petition stating no binding or enforceable contract between the State of Bihar and Sipahi Singh, as the requirements under Article 299 of the Constitution were not met, principle of promissory estoppel could not be applied in this case.

Art:300. Suits and proceedings

GoI may be sued for wrong acts done by servants of govt.

Cases

1962. State of Rajasthan v Vidhyawati
- Case: Driver of Govt of Rajasthan jeep was driving rashly after getting jeep back from service, hit a pedestrian and killed him. His wife went to court and sued govt.
- Verdict: SC held state responsible and awarded damages.
1990. Saheli v Commonder of Police
- Case: 9 year old boy was beaten to death by police officer.
- Verdict: SC held govt responsible and given 75k to mother.

Part 13

(Art 301-307)TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA(sem-2)

Art 301. Freedom of trade, commerce and intercourse

- Trade, commerce and intercourse(movement of goods) throuhout territory of India is absolutely free.
- Before united India, there were seperate states and taxes and barriers for trade b/w them

Cases

1951 Atiabari Tea Co. v State of Assam

Issue: Company grows tea in assam and exprts to calcutta. Passing thru assam tax was imposed. Company asked as per article-301, there should be no tax
Verdict: SC told yes, there should be no tax and made tax collection law as null and void.

Art 302. Power of Parliament to impose restrictions on trade, commerce and intercourse.

Parliament can impose restrictions on trade b/w states if it's needed in public intrest.

Art 304. Restrictions on trade, commerce and intercourse among States.

State can impose tax on goods from other state, if similar goods exists in state and is subject to taxes. This is to make no discrimination among goods from 2 or more states.
But to do so following is needed:
1. Sanction from President
2. law must be in public intrest
3. Restrictions imposed must be resonable.

Art 305. Saving of existing laws and laws providing for State monopolies

Art 307. Appointment of authority for carrying out the purposes of articles 301 to 304

Part 14

CHAPTER-1 SERVICES. SERVICES UNDER THE UNION AND THE STATES (sem-2)

Art 310. Tenure of office of persons serving the Union or a State

Doctrine of Pleasure

- A civil servant holds his office while President/crown is there.
- His services can be terminated anytime(without giving notice or compensation).
- All Civil Servants/Defense Persons hold office during pleasure of President.
- Member of state services hold office during pleasure of Governor.

Art-311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

Tenure of SC, HC judges Auditor General, Election Commissioner is not dependent on pleasure of president or Governer

Safeguards to Civil Servants / Govt Officials

1. No removal by Suordinate authority: Civil servant cannot be removed by person of lower authrotity who appointed him.
2. Resonable opportunity to defend:
- At enquiry Stage: Civil servant can question/examine witnesses produced against him.
- At punishment stage: dissmissal, removal, reduction in rank.

Is Safeguards avaialble to Defense Personal or Employees of Corporation, University?

- No. They are governed by Army act.
- Art:311 is only applicable to person holding civil post.
 - CIVIL POST: Post where there is relation of master and servant between State & person holding the post. His remeuration, Appointment everything is controlled by state.

Cases

1971. State of Punjab v Kishan Das
Case: Kishan Das was arrogant, negligant constable in punjab police. Case was filed for his negligance
Verdict: Court forfieted his service but denied for reduction in rank.

Part 15

(Art 324-329)Elections(sem-2)

Art 324. Superintendence, direction and control of elections to be vested in an Election Commission

- President of India appoints the Chief Election Commissioner and Election Commissioners
- Chief Election Commissioner and Election Commissioners serve for six years or until they reach the age of 65, whichever comes first. They receive the same salary and perks as Supreme Court judges.
- Chief Election Commissioner and Election Commissioners can be removed in same manner as judges of SC.

functions of EC:
- Allocating election symbols to political parties
- Settling disputes about granting recognition to political parties
- Advising the President on disqualifying MPs
- Advising the Governor on disqualifying MLAs
- Canceling polls if there are irregularities
- Requesting staff from the President or Governor for elections
- Supervising election machinery

Part 18

(Art 352-360)EMERGENCY PROVISIONS(sem-2)

Art 352. Proclamation of Emergency

3 Kinds of Emergency

1. National Emeergency:

Situation of Internal Threat(Armed rebellion), External war in whole or any part of India President can impose emergency, event before happening of such situations. President need to discuss with council of ministers
Effects of National Emergency:
a. Extension of powers of Center: Center's power is increased and it can direct states in matters
b. Parliament can legislate in state subjects
c. Money to be given to state can be changed
d. Extension of life of lok sabha: President may extend normal life of lok sabha by 1 year.
e. Suspension of Fundamental rights.

2. (Art. 356)Failure of constitutional machinery of state:

Governer can inform president that machinery has failed. Then president can make rules for state.

2. (Art. 360)Financial emergency:

if president is satisfied that financial emergy is there for India or some state, he may declare emergency.
44th Constitutional Amendment:
- it can exist for 2 months.
- President is required to consule council of ministers to impose emergency
- This was done to prevent indira gandhi situation where President declared emergency.
Effects of Financial Emergency: Salaries of people serving state, Judges of SC, HC may be reduced.

Part 20

Art 368. Power of Parliament to amend the Constitution and procedure therefore(sem-2)

Constitution can be amended by passing a bill in either house and passed with 2/3rd majority in both houses, and presented to president for assent.
Amendments can be made in following Artiles: 54, 55, 73, 162, 241, 279A
Article 13 cannot be changed.

42nd Amendment, 1976 to Art:368, 1976 (sem-2)

Giving Parliament unrestrained power to amend any parts of the Constitution, without judicial review
Before Amendment Presient was having sheer powers to become dictator by imposing emergency, without consultation with council Of ministers or PM, he can impose emergency, But after amendment he need to consult

Tax and Fee(sem-2)

	Tax	Fee
	Tax cannot be collected without authority of law	Fee can be collected
Compulsory	Yes. Taken from public for pulbic purpose.	No. This is payment of services provided
Usage	For any purpose	none
quid pro quo(something for something)	No	Yes. quid pro quo is essential element

PIL(Public intrest litigation) sem-2

Writ petition to protect public interest. For legal rights of a group of people or community. Anyone can file PIL. Letters/Telegrams are treated as writ petitions.

Cases where the court allowed PIL

1. Hussainara Khatoon vs. State of Bihar: First reported PIL in India, this case brought attention to the poor conditions of prisoners and undertrial prisoners. It established the right to speedy justice as a fundamental right.
2. Vishaka vs. State of Rajasthan: Defined guidelines defined sexual harassment, provided strategies to prevent it, and provided information on how to file complaints
3. M.C. Mehta vs. Union of India: pollution in the Ganges basin. The court ruled that the right to live in a pollution-free environment was part of Article 21
4. Parmanand Katara vs. Union of India: case required hospitals and doctors to provide immediate medical aid to road accident victims
5. Javed vs. State of Haryana: disqualified people with more than two children from holding certain panchayat offices
6. S.P. Gupta vs. Union of India: any member of the public or social action group can invoke the jurisdiction of the High Courts or the SC to seek remedies for violations of legal or constitutional rights

Is PIL a challenge to Locus Standi?

Locus Standi(Legal Standing)? Right of a party to bring a lawsuit or appear in court
Yes, PIL is a challenge to Locus Standi, because with PIL person files case broader/bigger audience rather than himself

Abuses of PIL

Abuses:
1. Frivolous(nonserious) petitions: Any nonserious PIL filed for personal gains
2. Political agendas: PILs can be used to target political opponents
3. Court crossing boundaries: PILs can lead to courts overstepping their boundaries and interfering with the legislative and executive branches
4. Enforcement challenges: even after court orders, PIL implementation is not complete, leading to limited impact
5. Overburderning courts: High volume of PIL
6. Target competitors: Parties with personal interests may use PILs to obstruct development projects

Allowed categories for PIL by Supereme Court

1. Neglected children
2. Labor: Bounded, nonpayment of minimum wages
3. Prisoners: harrasment, premature release, death, transfer
4. Women attrocities: Bride burning, rape, murder
5. Police: Againt police not registering case, harrasment by police, death in police custody
6. Villagers: Against villagers harrasing co-villagers(SC, ST, economically backward)
7. Environmental: Pollution, maintaince of forest, wildlife, heritage and culture

Constitutional Position of Prime Minister of India(sem-2)

He is constitutional head of the union's executive, often called "Keystone of Cabinet Arc".
Also called Primus Inter Pares (ie 1st among equals)

Powers of PM:
- recommendation of Minister to President. Dismissal of Minister
- His resignation means fall of entire cabinet.
- Portfolio allocation: The Prime Minister can assign portfolios to ministers.
- Cabinet chairman: The Prime Minister chairs the cabinet and conducts cabinet meetings.
- International representation: The Prime Minister represents the country at high-level international meetings.
- President-cabinet liaison: The Prime Minister acts as a link between the President and the cabinet

Constitutional Position of Speaker of Lok Sabha(sem-2)

Presiding officer of the Lok Sabha. He is member of house & elected for 5 years.
Can only be removed by special majority, has not right to vote except in case of tie

Auditor General (AG)(sem-2)

Appointed by governor of state and enjoys office during pleasure of governor.
qualifications are same as high court judge:
- Citizen of India
- Must be high court advocate for 10 years
- Must held judicial office for 10 years
Has right to speak in legislative assembly or council(Vidhan Sabha, Parsihad) but no voting rights