constitution 1, 2, 3
General Contents

 

Introduction and Preface to the Second Edition

Preface First Edition

Contents At-A-Glance

Detailed Contents

Abbreviation

Table of Cases

Index

THE CONSTITUTION OF INDIA
Volume 1

HISTORICAL introduction

CONSTITUTIONALISM

Preamble—Philosophy of the Constitution

PART I

THE UNION AND ITS TERRITORY

1. Name and territory of the Union

2. Admission or establishment of new States

2-A. Sikkim to be associated with the Union

3. Formation of new States and alteration of areas, boundaries or names of existing States

4. Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters

PART II

CITIZENSHIP

5. Citizenship at the commencement of the Constitution

6. Rights of citizenship of certain persons who have migrated to India from Pakistan

7. Rights of citizenship of certain migrants to Pakistan

8. Rights of citizenship of certain persons of Indian origin residing outside India

9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens

10. Continuance of the rights of citizenship.

11. Parliament to regulate the right of citizenship by law

PART III

FUNDAMENTAL RIGHTS

General

12. Definition

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

Right to Equality

14. Equality before 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

Right to Freedom

19. Protection of certain rights regarding freedom of speech, etc.

20. Protection in respect of conviction for offences

21. Protection of life and personal liberty

21-A. Right to education

22. Protection against arrest and detention in certain cases

index

General Contents

Introduction and Preface to the Second Edition

Preface First Edition

Contents At-A-Glance

Detailed Contents

Abbreviation

Table of Cases

Index

 

THE CONSTITUTION OF INDIA
Volume 2

Right against Exploitation

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

24. Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

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

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

Cultural and Educational Rights

29. Protection of interests of minorities.

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

31. Compulsory acquisition of property.

Saving of Certain Laws

31-A. Saving of laws providing for acquisition of estates, etc.

31-B. Validation of certain Acts and Regulations.

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

31-D. Saving of laws in respect of anti-national activities

Right to Constitutional Remedies

32. Remedies for enforcement of rights conferred by this Part.

32-A. Constitutional validity of State laws not to be considered in proceedings under Article 32

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.

PART IV

DIRECTIVE PRINCIPLES OF STATE POLICY

36. Definition.

37. Application of the principles contained in this Part.

38. State to secure a social order for the promotion of welfare of the people.

39. Certain principles of policy to be followed by the State.

40. Organisation of village panchayats.

Organisation of village panchayats.

41. Right to work, to education and to public assistance in certain cases.

42. Provision for just and humane conditions of work and maternity relief.

43. Living wage, etc., for workers.

43-A. Participation of workers in management of industries.

44. Uniform civil code for the citizens

45. Provision for early childhood care and education to children below the age of six years.

46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

48. Organisation of agriculture and animal husbandry.

48-A. Protection and improvement of environment and safeguarding of forests and wild life.

49. Protection of monuments and places and objects of national importance

50. Separation of judiciary from executive.

51. Promotion of international peace and security.

PART IV-A

FUNDAMENTAL DUTIES

51-A. Fundamental duties.

PART V

THE UNION

CHAPTER I—THE EXECUTIVE

The President and Vice-President

52. The President of India.

53. Executive power of the Union.

54. Election of President.

55. Manner of election of President.

56. Term of office of President.

57. Eligibility for re-election.

58. Qualifications for election as President.

59. Conditions of President's office.

60. Oath or affirmation by the President.

61. Procedure for impeachment of the President.

62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.

63. The Vice-President of India.

64. The Vice-President to be ex officio Chairman of the Council of States.

65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.

66. Election of Vice-President.

67. Term of office of Vice-President.

68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy.

69. Oath or affirmation by the Vice-President.

70. Discharge of President's functions in other contingencies.

71. Matters relating to, or connected with, the election of a President or Vice-President.

72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

73. Extent of executive power of the Union.

Council of Ministers

74. Council of Ministers to aid and advise President.

75. Other provisions as to Ministers.

The Attorney-General for India

76. Attorney-General for India.

Conduct of Government Business

77. Conduct of business of the Government of India.

78. Duties of Prime Minister as respects the furnishing of information to the President, etc.

Chapter II—Parliament

General

79. Constitution of Parliament.

80. Composition of the Council of States.

81. Composition of the House of the People.

82. Readjustment after each census.

83. Duration of Houses of Parliament.

84. Qualification for membership of Parliament.

85. Sessions of Parliament, prorogation and dissolution.

86. Right of President to address and send messages to Houses.

87. Special address by the President.

88. Rights of Ministers and Attorney-General as respects Houses.

Officers of Parliament

89. The Chairman and Deputy Chairman of the Council of States.

90. Vacation and resignation of, and removal from, the office of Deputy Chairman.

91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

93. The Speaker and Deputy Speaker of the House of the People.

94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.

96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker

98. Secretariat of Parliament.

Conduct of Business

99. Oath or affirmation by members

100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualifications of Members

101. Vacation of seats.

102. Disqualifications for membership.

103. Decision on questions as to disqualifications of members.

104. Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified.

Power, Privileges and Immunities of Parliament and its Members

105. Powers, Privileges, etc., of the Houses of Parliament and of the members and committees thereof.

106. Salaries and allowances of members.

Legislative Procedure

107. Provisions as to introduction and passing of Bills.

108. Joint sitting of both Houses in certain cases.

109. Special procedure in respect of Money Bills.

110. Definition of "Money Bills".

111. Assent to Bills.

Procedure in Financial Matters

112. Annual financial statement.

113. Procedure in Parliament with respect to estimates.

114. Appropriation Bills.

115. Supplementary, additional or excess grants.

116. Votes on account, votes of credit and exceptional grants

117. Special provisions as to financial Bills.

Procedure Generally

118. Rules of procedure.

119. Regulation by law of procedure in Parliament in relation to financial business.

120. Language to be used in Parliament.

121. Restriction on discussion in Parliament.

122. Courts not to inquire into proceedings of Parliament.

CHAPTER III—LEGISLATIVE POWERS OF THE PRESIDENT

123. Power of President to promulgate Ordinances during recess of Parliament.

CHAPTER IV—THE UNION JUDICIARY

124. Establishment and Constitution of Supreme Court.

125. Salaries, etc., of Judges.

126. Appointment of acting Chief Justice.

127. Appointment of ad hoc Judges.

128. Attendance of retired Judges at sittings of the Supreme Court.

129. Supreme Court to be a court of record.

130. Seat of Supreme Court.

131. Original jurisdiction of the Supreme Court.

131-A. Executive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws.

132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.

133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.

134. Appellate jurisdiction of Supreme Court in regard to criminal matters.

134-A. Certificate for appeal to the Supreme Court.

135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.

136. Special leave to appeal by the Supreme Court.

137. Review of judgments or orders by the Supreme Court.

138. Enlargement of the jurisdiction of the Supreme Court.

139. Conferment on the Supreme Court of powers to issue certain writs.

139-A. Transfer of certain cases.

140. Ancillary powers of Supreme Court.

141. Law declared by Supreme Court to be binding on all courts.

142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

143. Power of President to consult Supreme Court.

144. Civil and judicial authorities to act in aid of the Supreme Court.

144-A. Special provisions as to disposal of questions relating to constitutional validity of laws

145. Rules of Court, etc.

146. Officers and servants and the expenses of the Supreme Court.

147. Interpretation.

CHAPTER V—COMPTROLLER AND AUDITOR-GENERAL OF INDIA

148. Comptroller and Auditor-General of India.

149. Duties and powers of the Comptroller and Auditor-General.

150. Form of accounts of the Union and of the States.

151. Audit reports.

PART VI

THE STATES

CHAPTER I—GENERAL

152. Definition.

CHAPTER II—THE EXECUTIVE

The Governor

153. Governors of States.

154. Executive power of State.

155. Appointment of Governor.

156. Term of office of Governor.

157. Qualifications for appointment as Governor.

158. Conditions of Governor's office.

159. Oath or affirmation by the Governor.

160. Discharge of the functions of the Governor in certain contingencies.

161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

162. Extent of executive power of State.

Council of Ministers

163. Council of Ministers to aid and advise Governor.

164. Other provisions as to Ministers.

The Advocate-General for the State

165. Advocate-General for the State.

Conduct of Government Business

166. Conduct of business of the Government of a State.

167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.

CHAPTER III—THE STATE LEGISLATURE

General

168. Constitution of Legislatures in States.

169. Abolition or creation of Legislative Councils in States.

170. Composition of the Legislative Assemblies.

171. Composition of the Legislative Councils.

172. Duration of State Legislatures.

173. Qualification for membership of the State Legislature.

174. Sessions of the State Legislature, prorogation and dissolution.

175. Right of Governor to address and send messages to the House or Houses

176. Special address by the Governor.

177. Rights of Ministers and Advocate-General as respects the Houses.

Officers of the State Legislature

178. The Speaker and Deputy Speaker of the Legislative Assembly.

179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

182. The Chairman and Deputy Chairman of the Legislative Council

183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.

184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

187. Secretariat of State Legislature

Conduct of Business

188. Oath or affirmation by members.

189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualifications of Members

190. Vacation of seats.

191. Disqualifications for membership.

192. Decision on questions as to disqualifications of members.

193. Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified.

Powers, Privileges and Immunities of State Legislatures and their Members

194. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.

195. Salaries and allowances of members.

Legislative Procedure

196. Provisions as to introduction and passing of Bills.

197. Restriction on powers of Legislative Council as to Bills other than Money Bills.

198. Special procedure in respect of Money Bills.

199. Definition of "Money Bills".

200. Assent to Bills.

201. Bills reserved for consideration.

Procedure in Financial Matters

202. Annual financial statement.

203. Procedure in Legislature with respect to estimates.

204. Appropriation Bills

205. Supplementary, additional or excess grants.

206. Votes on account, votes of credit and exceptional grants.

207. Special provisions as to financial Bills.

Procedure Generally

208. Rules of procedure

209. Regulation by law of procedure in the Legislature of the State in relation to financial business.

210. Language to be used in the Legislature.

211. Restriction on discussion in the Legislature.

212. Courts not to inquire into proceedings of the Legislature.

CHAPTER IV—LEGISLATIVE POWER OF THE GOVERNOR

213. Power of Governor to promulgate Ordinances during recess of Legislature.

Chapter V—The High Courts in the States

214. High Courts for States.

215. High Courts to be courts of record.

216. Constitution of High Courts.

217. Appointment and conditions of the office of a Judge of a High Court.

218. Application of certain provisions relating to Supreme Court to High Courts.

219. Oath or affirmation by Judges of High Courts.

220. Restriction on practice after being a permanent Judge.

221. Salaries, etc., of Judges

222. Transfer of a Judge from one High Court to another.

223. Appointment of acting Chief Justice.

224. Appointment of additional and acting Judges.

224-A. Appointment of retired Judges at sittings of High Courts.

225. Jurisdiction of existing High Courts.

226. Power of High Courts to issue certain writs.

226-A. Constitutional validity of Central laws not to be considered in proceedings under Article 226.

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

228. Transfer of certain cases to High Court.

228-A. Special provisions as to disposal of questions relating to constitutional validity of State laws.

229. Officers and servants and the expenses of High Courts.

230. Extension of jurisdiction of High Courts to Union territories.

231. Establishment of a common High Court for two or more States

232. [* * * * *]

Chapter VI—Subordinate Courts

233. Appointment of District Judges.

233-A. Validation of appointments of, and judgments, etc., delivered by, certain District Judges

234. Recruitment of persons other than District Judges to the judicial service.

235. Control over subordinate courts.

236. Interpretation.

237. Application of the provisions of this Chapter to certain class or classes of magistrates

PART VII

238. The States in Part B of the First Schedule.

PART VIII

THE UNION TERRITORIES

239. Administration of Union territories.

239-A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.

239-AA. Special provisions with respect to Delhi.

239-AB. Provisions in case of failure of constitutional machinery.

239-B. Power of administrator to promulgate Ordinances during recess of Legislature.

index

general contents

Introduction and Preface to the Second Edition

Preface First Edition

Contents At-A-Glance

Detailed Contents

Abbreviation

Table of Cases

Index

 

THE CONSTITUTION OF INDIA

Volume 3

240. Power of President to make regulations for certain Union territories.

241. High Courts for Union territories.

242. Coorg.

PART IX

THE PANCHAYATS

243. Definitions.

243-A. Gram Sabha.

243-B. Constitution of Panchayats.

243-C. Composition of Panchayats.

243-D. Reservation of seats.

243-E. Duration of Panchayats etc.

243-F. Disqualifications for membership.

243-G. Powers, authority and responsibilities of Panchayat.

243-H. Powers to impose taxes by, and Funds of, the Panchayats.

243-I. Constitution of Finance Commission to review financial position.

243-J. Audit of accounts of Panchayats.

243-K Elections to the Panchayats.

243-L. Application to Union territories.

243-M. Part not to apply to certain areas

243-N. Continuance of existing laws and Panchayats.

243-O. Bar to interference by courts in electoral matters.

PART IX-A

THE MUNICIPALITIES

243-P. Definitions.

243-Q. Constitution of Municipalities.

243-R. Composition of Municipalites.

243-S. Constitution and composition of Wards Committees, etc.

243-T. Reservation of seats.

243-U. Duration of Municipalities, etc.

243-V. Disqualifications for membership.

243-W. Powers, authority and responsibilities of Municipalities, etc.

243-X. Power to impose taxes by, and Funds of, the Municipalities.

243-Y. Finance Commission.

243-Z. Audit of accounts of Municipalities.

243-ZA. Elections to the Municipalities.

243-ZB. Application to Union territories.

243-ZC. Part not to apply to certain areas.

243-ZD. Committee for district planning.

243-ZE. Committee for Metropolitan planning.

243-ZF. Continuance of existing laws and Municipalities

243-ZG. Bar to interference by courts in electoral matters

PART X

THE SCHEDULED AND TRIBAL AREAS

244. Administration of Scheduled Areas and Tribal Areas.

244-A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

PART XI

RELATIONS BETWEEN THE UNION AND THE STATES

Chapter I—Legislative Relations

Distribution of Legislative Powers

245. Extent of laws made by Parliament and by the Legislatures of States.

Separation of Power

246. Subject-matter of laws made by Parliament and by the Legislatures of States.

247. Power of Parliament to provide for the establishment of certain additional courts.

248. Residuary powers of legislation.

249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.

250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.

251. Inconsistency between laws made by Parliament under Articles 249 and 250 and laws made by the Legislatures of States.

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

253. Legislation for giving effect to international agreements.

254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.

255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

Chapter II—Administrative Relations

General

256. Obligation of States and the Union.

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

257-A. Assistance to States by deployment of armed forces or other forces of the Union.

258. Power of the Union to confer powers, etc., on States in certain cases.

258-A. Power of the States to entrust functions to the Union.

259. Armed Forces in States in Part B of the First Schedule.

260. Jurisdiction of the Union in relation to territories outside India.

261. Public acts, records and judicial proceedings.

Disputes relating to Waters

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

Co-ordination between States

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

PART XII

FINANCE, PROPERTY, CONTRACTS AND SUITS

Chapter I—Finance

General

264. Interpretation.

265. Taxes not to be imposed save by authority of law.

266. Consolidated Funds and public accounts of India and of the States.

267. Contingency Fund.

Distribution of Revenues between the Union and the States

268. Duties levied by the Union but collected and appropriated by the States.

268-A. Service tax levied by Union and collected and appropriated by the Union and the States.

269. Taxes levied and collected by the Union but assigned to the States.

270. Taxes levied and distributed between the Union and the States.

271. Surcharge on certain duties and taxes for purposes of the Union.

272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States.

273. Grants in lieu of export duty on jute and jute products.

274. Prior recommendation of President require to Bills affecting taxation in which States are interested.

275. Grants from the Union to certain States.

276. Taxes on professions, trades, callings and employments.

277. Savings.

278. Agreement with States in Part B of the First Schedule with regard to certain financial matters.

279. Calculation of "net proceeds" etc.

280. Finance Commission.

281. Recommendations of the Finance Commission.

Miscellaneous Financial Provisions

282. Expenditure defrayable by the Union or a State out of its revenues.

283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.

284. Custody of suitors’ deposits and other moneys received by public servants and courts.

285. Exemption of property of the Union from State taxation.

286. Restrictions as to imposition of tax on the sale or purchase of goods.

287. Exemption from taxes on electricity

288. Exemption from taxation by States in respect of water or electricity in certain cases

289. Exemption of property and income of a State from Union taxation.

290. Adjustment in respect of certain expenses and pensions.

290-A. Annual payment to certain Devaswom Funds.

291. Privy purse sums of Rulers.

Chapter II—Borrowing

292. Borrowing by the Government of India.

293. Borrowing by States.

Chapter III—Property, Contracts, Rights, Liabilities

Obligations And Suits

294. Succession to property, assets, rights, liabilities and obligations in certain cases.

295. Succession to property, assets, rights, liabilities and obligations in other cases.

296. Property accruing by escheat or lapse or as bona vacantia.

297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.

298. Power to carry on trade, etc.

299. Contracts.

300. Suits and proceedings.

Chapter IV—Right To Property

300-A. Persons not to be deprived of property save by authority of law.

PART XIII

TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

301. Freedom of trade, commerce and intercourse.

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

303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce

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

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

306. Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce.

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

PART XIV

SERVICES UNDER THE UNION AND THE STATES

Chapter I—Services

308. Interpretation.

309. Recruitment and conditions of service of persons serving the Union or a State.

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

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

312. All-India services.

312-A. Power of Parliament to vary or revoke conditions of service of officers of certain services.

313. Transitional provisions.

314. Provision for protection of existing officers of certain services.

Chapter II—Public Service Commissions

315. Public Service Commissions for the Union and for the States.

316. Appointment and term of office of members.

317. Removal and suspension of a member of a Public Service Commission.

318. Power to make regulations as to conditions of service of members and staff of the Commission.

319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.

320. Functions of Public Service Commissions.

321. Power to extend functions of Public Service Commissions.

322. Expenses of Public Service Commissions.

323. Reports of Public Service Commissions.

PART XIV-A

TRIBUNALS

323-A. Administrative tribunals.

323-B. Tribunals for other matters.

PART XV

ELECTIONS

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

325. No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on grounds of religion, race, caste or sex.

326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.

327. Power of Parliament to make provision with respect to elections to Legislatures.

328. Power of Legislature of a State to make provision with respect to elections to such Legislature.

329. Bar to interference by courts in electoral matters.

329-A. Special provision as to elections to Parliament in the case of Prime Minister and Speaker.

PART XVI

SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.

331. Representation of the Anglo-Indian community in the House of the People

332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.

333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States

334. Reservation of seats and special representation to cease after sixty years

335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.

336. Special provision for Anglo-Indian community in certain services.

337. Special provision with respect to educational grants for the benefit of Anglo-Indian community.

338. National Commission for Scheduled Castes and Scheduled Tribes

338-A. National Commission for Scheuled Tribes.

339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes

340. Appointment of a Commission to investigate the conditions of backward classes

341. Scheduled Castes.

342. Scheduled Tribes.

PART XVII

OFFICIAL LANGUAGE

Chapter I—Language of the Union

343. Official language of the Union.

344. Commission and Committee of Parliament on official language

Chapter II—Regional Languages

345. Official language or languages of a State.

346. Official language for communication between one State and another or between a State and the Union.

347. Special provision relating to language spoken by a section of the population of a State.

Chapter III—Language of the Supreme Court, High Courts, etc.

348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

349. Special procedure for enactment of certain laws relating to language.

Chapter IV—Special Directives

350. Language to be used in representations for redress of grievances.

350-A. Facilities for instruction in mother-tongue at primary stage.

350-B. Special Officer for linguistic minorities

351. Directive for development of the Hindi language.

PART XVIII

EMERGENCY PROVISIONS

352. Proclamation of Emergency.

353. Effect of Proclamation of Emergency.

354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.

355. Duty of the Union to protect States against external aggression and internal disturbance.

356. Provisions in case of failure of constitutional machinery in States.

357. Exercise of legislative powers under Proclamation issued under Article 356.

358. Suspension of provisions of Article 19 during emergencies.

359. Suspension of the enforcement of the rights conferred by Part III during emergencies.

359-A. Application of this Part to the State of Punjab.

360. Provisions as to financial emergency.

PART XIX

MISCELLANEOUS

361. Protection of President and Governors and Rajpramukhs.

361-A. Protection of publication of proceedings of Parliament and State Legislatures

361-B. Disqualification for appointment on remunerative political post.

362. Rights and privileges of Rulers of Indian States.

363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.

363-A. Recognition granted to Rulers of Indian States to cease and Privy purses to be abolished.

364. Special provisions as to major ports and aerodromes

365. Effect of failure to comply with, or to give effect to, directions given by the Union.

366. Definitions.

367. Interpretation.

PART XX

AMENDMENT OF THE CONSTITUTION

368. Power of Parliament to amend the Constitution and procedure therefor

PART XXI

TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List

370. Temporary provisions with respect to the State of Jammu and Kashmir.

371. Special provision with respect to the States of Maharashtra and Gujarat.

371-A. Special provision with respect to the State of Nagaland.

371-B. Special provision with respect to the State of Assam.

371-C. Special provision with respect to the State of Manipur.

371-D. Special provisions with respect to the State of Andhra Pradesh.

371-E. Establishment of Central University in Andhra Pradesh.

371-F. Special provisions with respect to the State of Sikkim.

371-G. Special provision with respect to the State of Mizoram.

371-H. Special provision with respect to the State of Arunachal Pradesh.

371-I. Special provision with respect to the State of Goa.

372. Continuance in force of existing laws and their adaptation.

372-A. Power of the President to adapt laws

373. Power of President to make order in respect of persons under preventive detention in certain cases

374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.

375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution.

376. Provisions as to Judges of High Courts.

377. Provisions as to Comptroller and Auditor-General of India.

378. Provisions as to Public Service Commissions.

378-A. Special provisions as to duration of Andhra Pradesh Legislative Assembly.

379–391. [Rep. by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Sch.]

392. Power of the President to remove difficulties

PART XXII

SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS

393. Short title

394. Commencement

394-A. Authoritative text in the Hindi language.

395. Repeals.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

EIGHTH SCHEDULE

NINTH SCHEDULE

TENTH SCHEDULE

ELEVENTH SCHEDULE

TWELFTH SCHEDULE

appendix-I THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954

appendix-II RE-STATEMENT, WITH REFERENCE TO THE PRESENT TEXT OF THE CONSTITUTION, OF THE EXCEPTIONS AND MODIFICATIONS SUBJECT TO WHICH THE CONSTITUTION APPLIES TO THE STATE OF JAMMU AND KASHMIR

appendix-III EXTRACTS FROM THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978

appendix-iv THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT) ACT, 2002

appendix-v THE CONSTITUTION (EIGHTY-EIGHTH AMENDMENT) ACT, 2003

appendix-vi The Protection of Human Rights Act, 1993

appendix-viI The National Commission for Minorities Act, 1992

appendix-viiI Universal Declaration of Human Rights, 1948

appendix-ix International Covenant on Civil and Political Rights, 1966

appendix-x International Convention on the Elimination of all Forms of Racial Discrimination, 1966

appendix-XI The commissions for protection of child rights act, 2005

index

 

 

detailed contents

THE CONSTITUTION OF INDIA

Volume 1

HISTORICAL introduction

 

Viceroy’s statement, 16th May, 1946

Statement issued on 25th May, 1946

Statement in regard to Indian Policy

Lord Mountbatten as Viceroy

His Majesty’s Government’s statement on Method of Transfer of Power

British Parliament passed Indian Independence Act, 1947—Two Dominions created

Nehru’s statement, 14th August, 1947

Lord Mountbatten becomes Governor-General

India becomes an independent State

India becomes member of the British Commonwealth

Order passed by the Governor-General under the Indian Independence Act

Members of the Indian Civil Service

Lapse of paramountcy of British Crown

Position of the Rulers of Indian States

Indian States and the Constitution

Derecognition of Rulers

CONSTITUTIONALISM

Constitutionalism

Constitution making in different countries—American example

Colonial Governments and Dominions (Canada)

Australian Constitution

Dominion State—Statute of West Minster, 1931—India denied Dominion status

Position after the Second World War, 1945

Importance and emphasis placed on economic and social values—Position of women and human rights

Objectives before the Constituent Assembly

Objection to the Draft Constitution

Our Constitution—A resume

Preamble—Philosophy of the Constitution

Constitution—What is ?

Constitution emanates from people

Fundamental Rights and Directive Principles

Preamble—Key to understanding of the Constitution

India—A sovereign democratic republic

Preamble—A part of the Constitution

Secularism

Secular States

Freedom of thought, liberty of conscience

Academic matters—Prescription of courses of study

Republic—Meaning

Democracy—Different concepts examined

Essential rights and liberties in free democracy

Democracy under the Constitution

Democracy not just majority rule

Social democracy

Socialist democratic republic

Capitalist Government

Socialist Government

Parliamentary democracy and sovereignty

Justice

Independence of judiciary

Sense of injustice

Social justice

Equality of opportunity aspect of social justice

Economic justice

Political justice

Public policy

Liberty

Civil liberty

Religious liberty

Equality

Equality interpreted in different senses

Equality—A basic feature of our Constitution

Fraternity

Fraternity and reservation

Doctrine of ‘police power’—Difference between ‘police power’ and ‘taxing power’

PART I

THE UNION AND ITS TERRITORY

 

1. Name and territory of the Union

Territory—Necessity for a State

India—Union of States

Acquisition of foreign territory

Territory of State

National and territorial waters

Sub-soil beneath territorial land

Territorial atmosphere

Land, mineral underlying ocean within the territorial waters

Jurisdiction over territorial sea

Continental shelf

Treaties about air space

Act of State—Acquisition of territory—Effect of on rights of persons

Escheat

Property of State

2. Admission or establishment of new States

2-A. Sikkim to be associated with the Union

Scope of the Article.

3. Formation of new States and alteration of areas, boundaries or names of existing States

Scope of Article 3

Changes in the State after the Constitution

Cession of territory

4. Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters

Article 4—Effect of

PART II

CITIZENSHIP

5. Citizenship at the commencement of the Constitution

Citizen—Meaning of

Overseas citizen of India—Meaning of

Citizenship and nationality

Aliens and citizens

Principles of citizenship

Domicile—Meaning of

Domicile and residence—Different concepts

Domicile—Principles for determination of

Domicile of a State of India

Residence requirements for admission in medical colleges

Municipal laws to determine citizenship

Citizenship at the commencement of the Constitution—Articles 5 to 10

Indian citizenship—Animus manendi essential

Determination of citizenship—Forum for.

Dual citizenship

6. Rights of citizenship of certain persons who have migrated to India from Pakistan

Articles 5 & 6

7. Rights of citizenship of certain migrants to Pakistan

Migration—Meaning of

Migration and domicile

8. Rights of citizenship of certain persons of Indian origin residing outside India

9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens

Foreign State—Meaning of

Acquisition of citizenship of a foreign State

Person—Whether a foreigner

10. Continuance of the rights of citizenship.

11. Parliament to regulate the right of citizenship by law

Scope of the Article

Citizenship Act

(a) Foreigner refused citizenship—Writ not maintainable.

(b) Regulation of movement of foreigners in Indian territory—Every house- holder is duty bound to inform police about arrival or stay of foreigners in his house.

Power to expel foreigners

Accused, a Pakistani national staying in India without any document—Deportation of

Extension of stay by foreigner—Order of deportation

Admission to foreign students—Rational policy to be framed

Preventive detention of foreign national

Foreign national involved in criminal conspiracy

Citizen of India voluntarily acquiring citizenship of foreign country—Order to quit India

Citizenship by naturalization

Citizens—Rights and obligations

Fundamental duties

Freedom only for citizens

Equality in the treatment of foreigners

Commonwealth citizenship—Status of

Loss of citizenship

Corporation—Not a citizen

Foreign company—Right of Citizenship under Article 19 of the Constitution

Persons subject to Army Act—Citizenship of

Refugees—Historical tradition of India

Refugee—Interpretation of

Recognition of refugees

Reception and residence of alien—Discretionary with the State

Right to enjoy asylum

Refugees from Bangladesh—Acquisition of citizenship

Protection of refugees

Right of refugees to return to their country

Implementation of International Humanitarian Treaties and Conventions in India

Principles of Non-refoulment

Principles for enforcement of Humanitarian Law

PART III

FUNDAMENTAL RIGHTS

General

Bill of Rights—In history

Bill of Rights—Need not be a Bill of Human Rights

Background of our fundamental rights

Universal Declaration of Human Rights

Human rights—Individual as the focal point

Civil rights of persons

Some rights to remain independent of social control

Natural rights

"Human rights"—Concept and meaning of

History of the Human Rights Movement

Human rights represent a vital expression of values

Human rights—A vibrant issue

Worldwide acceptance of the ideology of human rights

Universal influence of human rights movement

Universality about human rights

Fundamental rights

Directive Principles and Fundamental Rights—Reconciliation between

Fundamental rights under the Constitution

Liability and restrictions

Reasonableness of restrictions

Economic, Social and Cultural Rights

Rights fundamental even though not mentioned in Article 19

Rights and Duties—Conceptual features

Machinery for enforcement of fundamental rights

12. Definition

State—Meaning of

Duties and functions of the State

State and its instrumentality

Local bodies—Meaning of

Control of India—Meaning of

State not quasi-judicial body

Judiciary not included in State

Corporation when agency of Government

Tests

When corporation—Instrumentality or agency of State

Actions of public corporation to be relevant not arbitrary

Summary test

Statutory Authority

Government companies

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

Legislative powers not absolute

Article 13—Limitations to legislative powers

Law' and 'laws in force'

Bye-laws of co-operative society—Do not have status of a statute

Amendment of the Constitution—Not law

Customs and Usages

Personal laws

Constitution is not retrospective

Article 13 (1) and temporary statute—Expiry of

Pre-Constitution Laws

Constitutional validity of laws

To the extent of inconsistency—Law is void

Lack of legislative competence

Effect of change in Constitution

To the extent of

Void—Meaning of

Severability

Effect of amendment of Constitution

Waiver of fundamental rights

Right to Equality

14. Equality before law

Rule of law

Rule of Law—Laid down in a conference within the framework of U.N.E.S.C.O

Rule of Law under the Constitution

Independent judiciary necessary

Public policy

Exercise of jurisdiction—Power and duty

Exercise of power—Conditions precedent to

Discretionary power

Discretionary power and abuse of power

Public orders—Interpretation of

Orders—Bona fide

Orders—Passed on satisfaction

When authority has reason to believe

Orders under dictation

Order passed under wrong provision

Natural justice—Part of the constitutional guarantee

Necessity of giving a reasoned order

Quasi-judicial body to give reasons

Natural justice—Order giving reasons

Communication of orders

Justice must be seen to be done

Reasonableness and fair play

Procedural fairness in selection procedure

Doctrine of legitimate expectation

Doctrines of promissory estoppel and legitimate expectation

Policy decision—Must be made fairly

Policy decision—Cannot be assailed on ground of mere denial of legitimate expectation

Rights to equality

Equality—Legal and Real

Regulatory statute

Inequality not favourable to fraternity

Dignity and equality of status and opportunity

Scope of Article 14—Equal Protection Clause

Essentials and limits of equal protection

Equal Protection Clause

Equal protection and taxation

Service tax—Imposition of

Classification in regard to retiral/pensionary benefits

Concept of equal treatment does not countenance repitition of wrong action

Guarantee of equal protection as against State

Remedy directed against State only

When directed against individual action

Discrimination by decision of Courts

Article 14—Executive officer

Intention of officer applying law relevant

Reservation and Preference—Substantially different concepts

Affirmative action and reservation

Protective umbrella of reservation

Classification not forbidden by Article 14

Doctrine of arbitrariness is not a new doctrine

Equal protection and classification

Economic action and classification

Charging different rates for mutation of property

Latitude to legislature

Limits of classification

Over-inclusive and under-inclusive classification

Classification—Similarity not identity

Classification based on Race and Gender

Classification based on language

Classification and morality

Selecting date—Classification

Classification—State and Municipality

Classification—Educational qualification

Dissimilar treatment

Classification—Historical reasons

Classification—Geographical reasons

Single person

Classification—Procedural Law

Special procedure—Special Courts

Two remedies and recovery of public dues

Pending cases

Classification under different laws

Classification in discretionary power

Classification in delegated power

Classification in regard Land Acquisition case

Classification in regard to illegitimate children

Classification in regard to animals for slaughter

Ban on slaughter of bulls and bullocks below the age of sixteen years

Prescription of Dress Code for Nurses in Indian Military Nursing Service

Information about terrorist act to police—Any person can be compelled to give information

Compensation to victims of offence

Restrictions on disclosure of information under the Atomic Energy Act, 1962

Imputation of bias of Judge

Adverse comments in judgments against persons who were not before the Court

Onus to prove breach of Article 14

Hearing of appeal—Powers of Appellate Court

Appointment of Public Prosecutor and renewal of their terms

Construction of Tehri Dam—Well informed decision taken by Government not to abandon the project cannot be interfered with by Court

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

Concept of "Secularism"

Right to equality not absolute

Scope of the Article

Articles 14, 15 and 16 compared

Discrimination on ground of religion

Residence and place of birth

Discrimination on ground of sex

Gender equality—A basic human right

Problem of gender equality

Judicial response to gender justice

Discrimination on grounds of gender

Sensitivity towards gender bias

Female education and gender equality

Rights to degraded women under the Constitution

Basic economic rights to women in the family

Sexual harassment

Violation of fundamental rights of gender equality

Effective enforcement of basic rights of gender equality

Measures to check sexual harassment of working women

Adoption of measures of affirmative discrimination in favour of women

Article 15 (4)—Object of

Article 15 (4)—Exception to Article 15 (1)

"Class" and "Caste"—Meaning of

Classes of citizens

Class of citizen does not include caste or religion

Social backwardness

Economic backwardness—Poverty test

Poverty and social backwardness

Educational backwardness

Caste system in India

Any backward class of citizen—Interpretation of

Backward class—Criteria for identification

Backward classes and backward class of citizens—Difference between

Article 16 (4) relates not to backward class but 'class of citizen inadequately represented in service'

Ignorance of merit on quantum of handicapness

Judicial review of reservation

Castes—Relevancy in ascertaining backwardness

Grant of caste certificate

Admission on basis of caste certificate

Cancellation of caste certificate

Special status to Scheduled Castes

Objectives of reservations

Reservation—A means to offset inequality and achieve equality

Representation and its adequacy

Reservation—Test of reasonableness

Identification of creamy layer in backward class

Positive and affirmative action and positive discrimination—Concept of

Reservation—Proportion

Place

Admission to Colleges

Whether the policy of the Government can be subjected to judicial review ?

Extent of judicial review

Issuance of writ for reservation under Article 16 (4)

Reservation provisions attracted till before Constitution (77th Amendment) Act, 1995 and Constitution (81st Amendment) Act, 2000 only at the stage of initial appointment

Job reservation and promotion before the aforesaid two Constitution Amendments Act

Future vacancy does not attract reservation

Protective reservation in super-speciality courses

Claim in maintenance of efficiency of administration

Judicial Officers Cadre and Reservation Rule

Reservation of seat for member of Scheduled Tribe

16. Equality of opportunity in matters of public employment

Directive Principles

Scope of the Article 16

Articles 14 and 16 compared

Equality of status and of opportunity

Equality in employment

Object of Article 16

Appointment to sensitive posts

Article 16 (1)—Scope of

Appointment—Lack of transparency

Appointment—Discrimination

Appointment—False information given in application form—Rejection of candidature

Appointment—Withdrawal of offer

Appointment in substantive vacancy

Appointment—Reservation of posts of District Munsifs for women

Preference in competitive selection

Equality of pay for identical work

"Increment" and "Pay revision"—Distinguished

Regularisation of services

Regularisation of services of probationer

Termination of services of probationer

Termination of services of Badli worker

Ad hoc promotion

Parity in promotional avenues

Fixation of seniority

Deputationist—Right of absorption in the borrowing department

Deputationist—Reversion of

Correction of date of birth in service records

Transfer

Transfer—Political interference

Transfer of army personnel—Interference by Courts

Resignation and its withdrawal

Resignation and voluntary retirement—Distinction between

Article 16 (2)

Article 16 (3)—Basis of classification—Residence requirement

Educational qualification on basis of classification

Article 16 (4)—(i) Purpose and object

(ii) Whether exception to Article 16 (1)

(iii) Article 16 (4) and efficiency

(iv) Backwardness

(v) Scheduled Castes and Scheduled Tribes

Pay scale—Entitlement

Pay revision

Fixation of different dates for extending benefit of enhanced stipend

Departmental enquiry and criminal trial—Can go on simultaneously

Disciplinary proceedings—Appeal against punishment

Compassionate appointment

Carry-forward' rule in reservation

17. Abolition of Untouchability

Untouchability

The Protection of Civil Rights Act, 1955

Right of equality to Harijan and abolition of untouchability

Worship in temples—Exclusion of certain persons

Offence of insult on the ground of untouchability

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989—Validity of Section 18

18. Abolition of titles

Conferment of titles

Right to Freedom

19. Protection of certain rights regarding freedom of speech, etc.

Concomitant rights

Article 19 in relation to other Articles in Part III

Fundamental freedoms—Restrictions on

Restrictions—Reasonable tests

freedom of speech and expression

Restriction on freedom of speech

Restrictions before constitutional Amendment of Clause 19 (2)

Balancing interests

Freedom of speech under the American Constitution

American decisions

Right of free speech

Court is the custodian of rights of citizens

Suspension of fundamental rights

New judicial approach in administration of justice

Freedom of Speech

Freedom of speech under Article 19 (1) of the Constitution—Scope of

Freedom of expression

Hoisting of National Flag by citizens on their premises

Right to express views and sentiments

Freedom of propagation of ideas and views

Restrictions on freedom of expression

Right of propagation of views and ideas

Right to publish and circulate with complete freedom

Right to publish speech—Denial is violative of Article 19 (1) (a)

Right of Journalist to publish report of Court proceedings

Freedom of expression necessary for the progress of advocacy

Public opinion

Freedom of discussion

Political freedom

Social justice and enforcement of laws

Press to cater to the communication needs of the society

Press in the role of a social scientist

Freedom of communication

Importance and responsibility of the press

Freedom of Press—Trial by media

Freedom of Press

Curtailment of the freedom of the press

Newspapers

Law reports—Whether a newspaper

Media reports and public advocacy

Restriction of publishing views in newspaper

Investigative reporting

Restriction may be put on Right of Association

Restriction on Right of Freedom of Speech—Impact on Newspapers

Levy of tax on newsprint

Freedom of speech not confined to the territory of India

Abuse of freedom of press

Expression by Artists

Protection to literary activities

Autonomy as regards determination of fee structure in private unaided professional colleges

Academic freedom—Freedom in universities

Freedom of circulation

Commercial speech—Advertisements

Control over newspapers by restricting advertisements

Prohibition of advertisement—Test of reasonableness

‘Compelled speech’ or ‘must carry provisions’ in advertisements

Right to information—A fundamental right

Right to seek and receive information

Right to information with reference to elections

Courts as sentinel to protect fundamental rights

Right to information—Public interest vis-a-vis national and public security

Right to information about war

Right to information—Kargil infiltration

Legal literacy—A pre-condition to maintain rule of law

Justice achieved through newspaper

Freedom not absolute

Publication of illegal and false matter—Effect on Newspaper

Imposition of restrictions in interest of public order

Taking photographs of Court proceedings

Pre-censorship and restriction on liberty of press

Sedition—Article 19 (1) (a)

Public order

Prohibitory order to maintain communal harmony

Loudspeaker

Freedom of speech and morality

Indecency

Obscenity

Movies as a means of communication

Movies

Exhibition of films on Doordarshan

Pre-censorship of films

Restrictions in Cinematograph Act for screening of films

Defamation and libel

Contempt of Court

Incitement of offence

freedom of assembly

Freedom of assembly

Freedom of assembly in Article 19

Right of assembly in England

Public meetings in England

Public meetings on public streets in India

Demonstrations

Demonstrations by Government Servants

Unlawful Assembly

Freedom of association

Freedom of Association—Meaning of

Political party

Trade Unions

Students’ Union—Election of

Right to form association

Right to form association—Not absolute right

Fulfilling object not essential

Right of Government servant to form association

freedom of movement

Freedom of movement

Inter-State travel

Right to travel abroad

Restriction on right to travel abroad

Restriction on movement and isolation of AIDS patient

Domiciliary visits

Surveillance

Right to move throughout India—Reasonableness of restrictions

Right to Shelter—A Fundamental Right

Need for National Housing Policy

Shelter—National Rent Tribunal

Right to encroach

Removal of encroachment of pavement dwellers by Municipality—Principles of natural justice to be followed

Eviction of hutment dwellers from lands belonging to Port Trust

Right to shelter—Statutory tenancies

Problem of Slums

Externment orders

to practice any profession or carry any
occupation trade or business

Right to livelihood—A part of right to life

Freedom to carry on business etc

Rights can be claimed against State only

Calling or occupation

Right to work

Education as a trade/occupation

Profession

Professional misconduct

Medical profession

Teaching doctors—Prohibition of private practice

Practising medicine without necessary certification or qualification

Legal profession

Right to carry on business inherently pernicious and dangerous to the society

Gambling

Trade in Liquor

Right to carry on trade on street pavements

Right to hawk or squat

Right of hawker for street trading

Right to carry on business by squatting on pavements of public streets

Hawking may be prohibited near hospitals

Hardship of hawker if prevented from carrying on business

Rehabilitation of evicted hawkers—Formation of policy

Rules, guidelines and regulation framed by the Government for the tourism industry—Whether violative of the right to carry on such business

Running of restaurant—Whether prevention thereof is an infringement

Prohibition on sale of eggs within Municipal limits—Not an unreasonable restriction on right to trade

Limitation by Municipality

Preservation of public property

Unauthorised construction on public roads

Validity of constructions on pavements or roads

Freedom to contract

Contract with Government

Contract for supply of High Security Registration Plates for motor vehicles—Tender for

Judicial review in the matter of contracts

State monopoly

Nationalisation

Marketing legislation

Licensing

Export or import licence

Licence fee

Licence fee for business

Judicial review of restriction

Discretionary exercise of power placing restrictions

Restraints not to be excessive

Restrictions

Reasonableness of restrictions

When restrictions held unreasonable

Judicial Review

Restriction and Prohibition

Trade creating pollution not allowed

Sale of food items in tetra packets and poly bags inside the zoo

Issue of licence to Rickshaw owners—Restriction on

Non-renewal of licence of Rickshaw pullers

Hoarding and black-marketing

Industries

Right to close down business

Retrenchment of workmen

Price fixation—Legislative function

Price fixation—Fair Price

Price Control

Freezing of Stocks

Loss of producer

Price Permits

Price fixation—A guideline

Price Control—Margin of profit

Price fixation—Zonal basis

Minimum wages

Payment of gratuity to workmen

Levy of tax

Retrospective imposition of tax

Levy of penalty

20. Protection in respect of conviction for offences

Ex post facto laws

Law in force—Meaning

Scope of Article 20 (1)—Convicted of an offence

Rape—Definition cannot be enlarged to include all forms of penetration

Forms of punishment

What is not prohibited by Article 20 ?

Framing of charge—Depriving accused to produce material evidence

Extent of prohibition

Offence—Meaning of

Double jeopardy

Article 20 (2) of the Constitution and Section 300, Cr.P.C.—Distinction between

Rule against double jeopardy

Autrefois

Scope and ambit of the guarantee

Both prosecution and punishment necessary

Protection against conviction for same offence

Section 403, Cr.P.C.—When attracted?

Offences committed in separate and independent transactions

No subsequent trial for the same offence

Many distinct offences committed in the same transaction

Subsequent trial for a distinct offence under Section 300 (2), Cr.P.C—Consent of the State Government necessary

Subsequent trial for same facts when the first Court was incompetent to try the offence

Barring of subsequent trial—Conditions for

Bar of second trial—Requirement

Detention for arrears of land revenue

Applicability of Section 300, Cr.P.C

Trial for major offence when barred by trial for minor offence

Retrial for same offence barred till conviction or acquittal remains in force

Second trial while conviction or acquittal in force

Appeal—Jurisdiction of High Court

Acquittal or conviction of an accused—No bar for trial of another accused

Continuing offence—Bar of second trial

Cases not amounting to acquittal—No bar for fresh trial

Case dismissed due to misjoinder of charges—Does not amount to acquittal

Act or omission constituting offence under two or more enactments

Same act constituting offence under more than one enactment

Stopping of proceeding under Section 249 (old) of Cr.P.C

Restoration of case dismissed in default

Cognizance of second complaint

Second complaint by proper person or authority

Withdrawal by one complainant—Subsequent trial for other offences

Where proceedings are void ab initio

Withdrawal of a complaint in summons case

Withdrawal from prosecution—No bar to second trial

Wrong name in complaint—Second complaint with correct name not barred

Compounding of offences in a compoundable case

Consequences happening afterwards making the offence graver

Acquittal in case of invalidity of sanction

All accused to be tried jointly

Order approving final report—No bar for second trial

Magistrate not empowered to review or recall his judicial order

Order of dismissal of complaint not set aside

Prohibition of subsequent trial for same offence under Section 300 (403 old) of Cr.P.C

Guarantee only against same offence

Issue Estoppel

Plea of autrefois acquit—When could be raised

Rule of issue estoppel and res judicata

Binding nature of an earlier finding

Binding effect of finding of criminal Courts in quasi judicial proceedings

Lack of local jurisdiction

Prosecution and conviction

Accused—Who is ?

Accused presumed to be innocent

Protection against self-incrimination

Concept of inviolable right of silence in India

Right of silence in the English system

Right to remain silent during interrogation

Freedom of speech implies right to remain silent

Protection against testimonial compulsion under Article 20 (3)

Article 20 (3) and Section 161, Cr.P.C

Accused of any offence

Accusation of offence—Essential condition for application of Article 20 (3)

Accused making statement voluntarily while in police custody

Incriminatory and compelled testimony—Difference between

Any person

What is protected by the guarantee

Presence of counsel during interrogation

Self-incrimination

Compulsion under Article 20 (3)

Compelled testimony

Third person may be incriminited—No protection under article

Summoning of documents—Specimen handwriting, thumb impression etc. of accused and Article 20 (3)

Search and seizure and Article 20 (3)

Issue of search warrant without preliminary inquiry—Legality of

Search warrant—Whether violative of Article 19 (1) (f) of the Constitution

Illegal search and seizure—Quashing of proceedings

21. Protection of life and personal liberty

Scope and ambit of Article 21

Article 21—'Life' meaning

Right to life and liberty—Very wide in scope and applicability

Jurisprudence of personhood—Scope of

Right to life—Includes freedom from noise pollution

Life and liberty under Article 21 of the Constitution

Right to life—Facets of

Land development plans

Right to life—Payment of salary to employees of Public Sector Under-takings

Smoking in public places—Banning of

Erection of advertisement hoardings—Regulation of

Notification banning the training and exhibition of animals in circuses—Whether violative of the right of life

Unlawful possession of property

Entitlement of citizens to a life of dignity

Right to shelter springs from right to residence

Indecent beauty contest—Offence under Article 21 of the Constitution

Right to education is implicit in right to life

Rights for a decent life under Article 21 of the Constitution

Right to get water—A part of right to life

Right to dignified and civilised life—Problem of water logging

Right to life—Project of beautification and cleaning of river bed area

Security of life of citizen—Freedom from fear and threat

Licence for acquisition of firearms

Personal liberty

Constitutional philosophy of personal liberty

Personal liberty and democracy

Right to life with dignity

Freedom of people and security of State

Protection of personal liberty under Article 21

Remedy under Article 21 available to non-citizens also

Provisions for safeguarding fundamental rights

Protection of the individual from oppression and abuse by the law enforcing officers

Personal liberty and preventive detention

Personal liberty—Deprivation—Does not take place in case of identifica-tion and deportation of foreigner

Compelling a person to submit himself to blood test—Interference with right of personal liberty

Delay in registration of F.I.R—Compensation for

Illegal incarceration and compensation

Liability of Government for tortious act

Claim of compensation in public law and private law

Family pension and compensation—Award of

Insufficient proof of illegal detention—Not entitled for compensation

Accused involved in a number of cases—Deprivation of personal liberty

Curtailment of personal liberty and freedom

Due process of law

Personal liberty and due process of law

Procedure established by law does not require every step in the procedure to be prescribed

Substantive law

State made law and not rules of natural law

Right to move freely throughout the territory of India

Right to move about freely

Surveillance of persons

Right to use of public roads for locomotion

Mass agitations and restraints on personal liberty

Regulation of traffic—Power of Commissioner of Police to 'regulate'

Bundh—Meaning of

Entails restriction of free movement

Results in stoppage of transport system

"Bundh"—No locomotion possible

Calling of bundh by political party is a fundamental right

Damage to public property during hartal—Recovery of compensation

Freedom of movement—Provision for wearing protective head gear

Travel by sleeper coaches during day time by short distance commuters

Freedom to go abroad

Passport—Importance of

Refusal to issue passport

Right to travel abroad—Impounding of passport

Right to live with human dignity

Free and fair trial

Speedy trial

Purpose of criminal justice

Fundamental right of speedy trial

Fundamental right for speedy trial conferred by Article 21 of the Constitution

Rights to speedy and expeditious criminal trial

Justice delayed is justice denied

Delay in speedy trial causes mental anguish

Inordinate delay in trial—Violates Article of 21 of the Constitution

Suspended animation without cause for a long period—Effect of

Delay in trial—Entitlement of accused to bail

Delay in trial of undertrial prisoners

Delay in trial of corruption cases

Delay in trial and mounting arrears of cases

Delay in trial due to lawyers' strike

Delay in execution of death sentence

Judicial compassion and compensation for mental agony

Open trial

Article 21 and prisoners

Fundamental rights of under-trial prisoners under Article 21—Not absolute

Fundamental rights and convicts

Overcrowding of prisons

One man in one cell in prison

Problem of overcrowding—Remedial measures

Solitary confinement of prisoners

Convicts not wholly denuded of their fundamental rights

Complaints of insubstantial food and inadequate clothing

Medical treatment of prisoners

Health of prisoners—Society’s obligations

Right of reading and writing available to a prisoner

Prisoner entitled to send welfare letters to prisoners in the other prisons whether such prisoners are his relative or not

Attendance of prisoner—Can or cannot be procured to answer the charge in investigation?

Communication needs of prisoners

Citizen’s access to information and interviews with prisoners—To be controlled and regulated

One interview with family members—Legality of the rule

Removal of document from jail

Hard labour is a part of punishment

Equitable wages to prisoners

Deduction of expenses from the wages of prisoners by the State

Inhuman treatment and oppressive measures

Leg-irons to under-trials—Prohibition of

Vices amongst prisoners

Reform in prisons and prisoner by Commission

Prison visits—Categories of

Appointment of non-official visitors to check mal-administration

Prevention of diseases amongst prisoners

Open air prisons

Premature release—Guidelines

Release of under-trial prisoners on bail

Parole—Grant of

Accused sentenced to undergo life imprisonment under Section 302 and seven years’ imprisonment under Section 397—Right of furlough

Grant of furlough

Parole during pendency of appeal

Recividism—Check of

Right of release on furlough—A substantial and legal right

Parole or furlough—Breach of conditions

Remission—Grant of

Claim of remission

Remission of sentence and gravity of offence

Remission dependent on good conduct of prisoner

Age factor—Acceptable and reasonable basis for classification for remission

Benefit of remission—Not available for bail period

Set off in case of sentence of life imprisonment

Forfeiture or cut in remission

Cancellation of remission on when prisoner convicted

Illegality of detention

Non-production of under-trial prisoner in Courts on remand dates

Inhuman treatment before execution of death sentence

Justice to victim of crime

Voting rights of prisoners

Provisions in election law to exclude persons with criminal background

Restriction on voting by a prisoner

Categorization of prisoners

"Handcuffing"—Meaning of

Minimum freedom of movement cannot be denied

Articles 14, 19 and 21—Handcuffing of prisoners

To fetter prisoners in iron is inhuman

Guidelines for use of handcuffs by Police

Handcuffing of prisoners—Approval of Court to be obtained

Handcuffing between prison and Court—Necessity of judicial approval

Handcuffing of social worker—Violative of Article 21 of the Constitution

Handcuffing of Chief Judicial Magistrate

Handcuffing of undertrials

Compensation to victim for handcuffing

Right to engage lawyer

Right to legal aid

Access to justice

Right to legal aid

Right of choice of lawyer for legal defence

Accused to be informed of his right for free legal aid

Baning prescriptions for free legal aid to prisoners

Payment of fees to a lawyer for free legal service

Right to standard legal education

Balancing of right to legal aid with social justice

Right of a detenu to consult a legal adviser

Approach to Court for enforcement of fundamental rights

Relief for violation of Article 21 of the Constitution

Infringement of human rights—Writ for compensation

Marriage—Personal liberty, procreation of children

Rights of parents

Right to procreation of children

Right of abortion

Abortion right —A part of woman's rights

Abortion—When permissible ?

Protection of foetus in the gestation period

Abortion or killing foetus is a sin

Protectable interest of the foetus

Abortion cannot be forced on minor girl

Minor girl—Right to marriage and to conceive

Conflicting nature of right to conception, right to abortion and right to birth

Status of the unborn child

Child in a womb regarded as a person in existence

Equal protection to unborn offspring

Right of the unborn child to birth

Sons born after partition

Son en ventre sa mere

Right to object to alienation of property

Adoption—What is ?

Adoption—Right and necessity

Adoption—A religious duty

Custom as a source of right of adoption

Article 21 as a source of right of adoption

Method of adoption in England

General effect of adoption

Validity of adoption

Adoption under International Law

Law of Adoption in India

Adoption by a Hindu converted to Christianity

Adoption and marriage

Proprietary effect of adoption

Adoption and inheritance

Alienation of property—Right of adopted son

Doctrine of "relation-back"

Right to life includes right to livelihood

Right to carry on an occupation

Right to shelter—A basic right

Rehabilitation of disabled persons

Right to privacy—A basic right

Right to privacy in India

Right to privacy in public law

Right to privacy—Scope of

Police surveillance

Right to privacy vis-a-vis freedom of press

Right of privacy and doctor-patient relationship

Right to love and marry

Right of cohabitation

Shift in tradition of marriage and fidelity

Right to cohabitation

Cohabitation and criminal law

Cohabitation—Legal and personal problems

Cohabitation—As an alternative to marriage

Cohabitation and Hindu Law

Cohabitation and contract

Cohabitation—Increase of pregnancy and illegitimate births

Right to privacy—Sexual autonomy of women

Right to privacy—Use of contraceptives

Right to privacy vis-a-vis right of procreation

Telephone tapping—Serious invasion to right of privacy

Suicide

Causes for committing suicide

Right to die

Validity of Section 309, Indian Penal Code

Right to end one's own life

Attempt to commit suicide—Section 305, I.P.C. not unconstitutional

Sufferings of persons and result as a failure of attempt to suicide

Suicide and social trauma

Suicide and Euthanasia—Distinguished

Euthanasia

Right to shelter—A fundamental right

Need for National Housing Policy

Shelter—National Rent Tribunal

Right to encroach

Removal of encroachment of pavement dwellers by municipality—Principles of natural justice to be followed

Eviction of hutment dwellers from lands belonging to Port Trust

Right to shelter—Statutory tenancies

Problem of Slums

Article 21 and Section 302, I.P.C.–Guidelines for inflicting capital punishment

Right to life and jurisprudence of personhood

Provision of medical services and discharge of constitutional obligation

Provision of medical services in trains

Access to medical treatment

Public health—Exploitation of patients

Right to cure ailments through religious practices including "faith healing"—Cannot be claimed as fundamental right

Professional obligations to save life and legal impediments

Health insurance of workmen—A fundamental right

Medical treatment abroad

Manufacture of drugs and formulations injurious to health

Provision of adequate medical facilities

Reimbursement of medical expenses to a Government employee permissible

Deformity caused by polluted water—Free medical treatment

Protection of health of workmen

Vaccination—Public health etc

When bail to be given

Information of grounds of arrest and right to bail

No bail without arrest or appearance

Principles governing bail

Successive bail applications

Interim bail

Interim bail during pendency of bail application

Law regarding disposal of bail application

Bail under Proviso (a) to Section 167 (2) Cr. P.C

Proviso (a) to Section 167 (2), Cr. P.C.—Mandatory

Rejection of bail application of co-accused

Bail on the basis of parity

Personal liberty and bail on same day

Right to get bail application expeditiously decided if possible on same day under Article 21 of the Constitution

Bail of undertrial prisoners—Grant of

Accused charged with gruesome murder—Bail not to be granted

Transfer of case by Sessions Judge to Additional Sessions Judge for trial—Power of Sessions Judge to grant bail

Anticipatory bail vis-a-vis ordinary bail

Court's power to grant anticipatory bail unfettered

Special case if to be made out

Anticipatory bail not to be granted on mere asking

Grant or refusal of anticipatory bail—Relevant considerations

Blanket anticipatory bail

Grant of anticipatory bail without lodging of F.I.R

Anticipatory bail after issue of process

Anticipatory bail only in non-bailable offence

Earlier application not pressed—Maintainability of subsequent application for anticipatory bail

Anticipatory bail—Duration of

Co-accused granted bail—Whether ground for granting anticipatory bail

Material considerations for cancellation of bail

Cancellation of anticipatory bail

Need for reform of the present bail system—Present system of bail a source of great hardship to the poor

Need for reform

To keep in jail for indefinite period

Torture in police custody—General

Torture synonymous with darker side of human civilisation

Prohibition of torture lacks constitutional authority

Torture means both physical and mental pain or suffering

Custodial torture—Assault on human dignity

Torture by police in custody

Torture in custody causing death—A murderous act

Protection of people from excesses of the State

Use of third degree methods in custody

Use of third degree methods by police—Prohibition of

Custodial violence and abuse of police powers

Methods of torture

Police torture disastrous to human rights awareness

Mental agony in police station

Arrest of women by police and violation of modesty

Lack of ocular evidence in cases of police torture or custodial death—Effect of

Injury caused by police—Presumption under Section 114-B, Evidence Act

Blinding of undertrials by police

Physical mutilation in police custody

Compensation—Appropriate and effective remedy for redressal

Custodial death—Worst kind of crime in a civilised society

Death in policy custody—Entitled for monetary compensation under Articles 32 and 226 of the Constitution of India

Immunity of State in cases of custodial deaths

Police atrocities and compensation by Apex Court

Monetary compensation for infringement of fundamental rights

Death in police custody and compensation

Death in police custody—Manipulation of police records deprecated

Torture and death in other departments apart from police—Liable for compensation

Grant of anticipatory bail to Police Officer responsible for custodial death

Compliance of non-bailable warrant against police personnel in case of custodial death

Custodial death and compensation

Punishment

Aims and objects of punishment

Considerations in sentencing policy

Rival theories of punishment

'Reparation'—Meaning of

Power of clemency

Remission of sentence

Claim of set-off under Section 428, Cr. P.C

Interference in punishment by High Court/Tribunal

Death sentence

Death sentence—Invokation of Article 21

Combination of sentence of death with fine—Legality of

Execution of death sentence

Speady trial

Prison Justice & Courts

Burden of Proof

21-A. Right to education

Welfare Scheme of State—Implementation of mid-day meal to children in schools

22. Protection against arrest and detention in certain cases

Arrest—Meaning of

Liberty of subject and arrest

What constitutes arrest?

Arrest in two categories

Power to arrest

Arrest on credible information

Credible information—Connotation of

How Constitution protects arrest?

Freedom from arrest ?

Unlawful arrest

Sections 56 and 57, C.P.C.—Object of

Delay in investigation

Arrested person has right of medical examination

Detention of an accused

Exclusion of the time taken in journey from place of arrest to the Court

Escape of accused detained beyond 24 hours—No offence

Accused not produced within 24 hours and recording of confession

Defence by own counsel

Access of accused to legal adviser

Free legal assistance to accused

Right to be defended by a pleader

Right to have a counsel applies in appeals

Right to have counsel of his choice

When accused unrepresented—Duty of Court

Counsel for indigent accused

Cases not covered by Section 304—Non-supply of pleader

Indigent accused—Right to be defended at State expenses

When consent repudiated by the accused?

Counsel appointed not furnished with brief

Accused ill and unrepresented

Defence counsel not supplied with papers

Counsel for accused ill—Case to be adjourned

Representation in Juvenile Court

Right to be defended before Courts where lawyers not allowed to appear

Power-of-attorney-holder—No independent right to appear without permission of Court

Opportunity of cross-examination to counsel of accused

Preventive justice and punitive justice

Purpose and intent of preventive detention

Safeguards in use of preventive detention

Preventive detention of a foreign national—Elements involved

Preventive detention and imprisonment—Difference between

Constitutional validity of Preventive Detention Act

Public order

Limitation on the power of State

Preventive detention—Serious invasion of personal liberty

Liberty of individual—Important

Preventive detention in emergency

Detention under Preventive Detention Act

Preventive detention and subjective satisfaction

Two imperatives

Preventive detention to maintain internal security

Power of detention not quasi-judicial

Affidavits on behalf of State

Sources of information

Grounds

Some irrelevant and non-existent grounds

Several grounds

Vague grounds

Past conduct may be considered

Single act

Observance of Section 50, Cr.P.C.—Mandatory

Order of detention—Specification of period of detention not necessary

Detenu's right to get copies of documents

Delay in supplying materials

Communication of grounds of arrest—A constitutional safeguard

Detenu's right to get information

Delay in making detention order

Prevention detention—Delay in arresting detenu

Right of detenu to make representation

Prevention detention—Delay in forwarding representation

No delay in Governments deciding representation

Unexplained delay in deciding representation

Representation to be dealt with early

Exercise of power by Government to revoke detention order on representation made by detenu

Detenu and fundamental rights

Grounds to be communicated without delay

Effect of non-communication

Material particulars not communicated

Internal security

Advisory Board—Confirmation of detention

Proceedings before Advisory Board

Successive representations by detenu challenging the order of detention

Treatment of detenu

Detenu to consult a legal adviser

Sub-clause (6)

Sub-clause (7)

Preventive detention and criminal trial

Nature of preventive detention and criminal procedure

Preventive detention order when detenu in jail

Preventive detention—Successive orders

Release of arrested person

Denial of benefit of juvenile offenders is an exception

Monetary compensation and exemplary cost in mischievous arrest

subject index

qqq

 

 

THE CONSTITUTION OF INDIA

Volume 2

Right against Exploitation

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

Forced labour

Peonage or bonded labour

"Bonded labour"—Connotation of

Forced labour—Ambit and scope of

State's right regarding involuntary servitude

Begar is a form of forced labour

Act of depriving a person of the choice of alternatives is called ‘force’

"Begar"—Meaning of

Prohibition of traffic in human beings and begar

Bonded Labour Act

Bonded labourer—Identification and rehabilitation

Conscious obligation of employer not to force system of bonded labour

Relief by State in conditions of drought

Exploitation of migrant workmen and suo motu action by Supreme Court under Article 32 of the Constitution

24. Prohibition of employment of children in factories, etc.

Problem of child labour

Causes of failure of legislative measures to eliminate child labour

Employing child labour is an offence

Child labour—Compensation to be paid by the offending employer

Public interest litigation—Child labour in match factory

Child labour in hazardous employment—Prohibition of

Prohibition of child labour—Various directions given by Supreme Court

Right to Freedom of Religion

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

Secularism—A basic feature of the Constitution

Sources of concept of secularism

Secularism—Acquisition of Ram Janam Bhoomi/Babri Masjid—Not unsecular

Secular State

Religious ideas—General

Freedom of belief

Scope of Article 25

Freedom of conscience

Religious tolerance

Ex-communication

Propagate Tenets

Religion—‘Hinduism’—How different from ‘Jainism’

Mahant—Position of

Limitation on the freedom

Public order

Morality

Separation of politics and religion

State's right to interfere in religious practice

Religion—What it means?

Practice of religion

Right to freedom of religion—Necessary component of the Constitution

States have leeway in regulation of religion

Management of temple—Is a secular act—Can be controlled by State

Tolerance in practice of religion—Necessary for unity of the country

Right to worship

Essential part of religion

Essential practice of religion

Integral part of religion

Religious freedom—Use of loudspeakers

Religious opinion—Interference of Government

Discrimination on ground of religion

Right of propagation of religion

Right to superstitions—Protection under Articles 26 (c) and (d)

Religion and marriage

Cow slaughter on Id-ul-Zuha (Bakri Idd day)—Not an essential religious practice in Muslim Law

Right to bury dead bodies

Shifting of graves

Growing beard—Not an essential part of Islamic religion

Taking photographs of Muslim women for photo identity cards for electoral purposes

Archaka (priest) of temple—Abolition of hereditary right to appointment

Section 144 of Code of Criminal Procedure

26. Freedom to manage religious affairs.

Freedom to manage religious affairs—Scope

Religious practice

Conditions to be satisfied by religious denomination

Ananda Marga—A religious denomination

Persons belonging to Ramakrishna Mission or Ramakrishna Math—A religious denomination

Article 26 (c) and 26 (d)—Power to acquire and manage property

Management of property—Religious denomination

Management by religious denominations

Freedom to manage property

Acquisition of land for samadhi for development purposes

Acquisition of religious place—Criteria for

Right of State to acquire property of religious denomination

Immunity from acquisition to a place of religious worship

Math property—Applicability of ceiling laws

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

Imposition of Fee

Imposition of assessment on land held by a religious denominational institution

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

Scope of the Article

Study of religious philosophy and culture in educational institutions

Singing of National Anthem vis-a-vis fundamental right

Cultural and Educational Rights

29. Protection of interests of minorities.

General object of Articles 29 and 30

Citizen—Meaning of

Minority—Constitutional concept

Minority community—Identification of—To be on State basis

Enforcement of Illegal Migrants (Determination by Tribunals) Act, 1983—Act facilitated illegal migrants to remain in State of Assam

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

Minority educational institution—Right conferred by Article 30

Article 30—Two rights

"Establish"—Meaning of

Minority

Additions to list of minorities—Conceding to claims by different sections of society—Would be sowing seeds of multinationalism in India

Linguistic and religious minority

Minority not foreigners

Establishment and administration by some minority community

Establishment of minority educational institutions

Anglo-Indian Schools

Commercialisation of education—Charging of capitation fee by unaided minority educational institutions

Obligation of Courts to protect the rights of minorities

Identification of minority educational institutions

Recognition of minority educational institutions

Regulatory powers of the State

Minority educational institution—Aid or recognition—Grant of

Education as a fundamental right

Directive principles of State policy and fundamental rights

Right to education—Implicit in right to life

Right of child to education—Making primary education compulsory

Right of backward classes to admission in educational institutions

Academic standards—Prescription of

Irregularities in admission

Falling educational standards and control of examination and results

Discrimination between private and Governmental institutions

Right to free education is not an absolute right

Pay of teacher of private institution

Rights of management to appoint qualified persons

Education—Whether 'Service' under the Consumer Protection Act

Award of compensation/damages in public law action

No fundamental right to claim higher education

Residence requirements for admission in medical colleges

Region-wise classification for admission to medical colleges

Right of the students for admission in medical colleges

Legal education and free legal aid

Political intervention in educational institutions

Extra-curricular activities—An integral part of education

Right of teacher to vote and contest election

Discipline among teachers

Imparting of education in religions in educational institutions

Administrative committee

Minority institution—Admission to student of minority community

Fee structure—Capitation fee

Minority institution—Right to appoint teachers

Discipline

Role of headmaster to maintain discipline

Stay in hostel after closure of university not proper

Affiliation

Right to institution for affiliation and imposing of conditions

Compulsory affiliation of minority institution—Not permissible

Minority institution—State funding

Acquisition of property of minority institution

31. Compulsory acquisition of property.

Compulsory acquisition of property

Legislative power—Acquisition of property

Eminent domain—Meaning and concept of

Property—Meaning of

Property right to use and enjoy

Building Regulations—Object is to regulate construction activities

Acquisition—Conditions of

Deprivation of property—Land acquisition by Government

Compensation—Principles

Compensation—Computation of

Acquisition of right of user in land

Acquisition and Requisitioning

Agrarian reform—Concept of

Acquisition of property for agragarian reform

Provisions for seizure and confiscation under the Forest Act

Granting wages to prisoners who are subject to hard labour under Court’s orders and deductions therefrom

Exemplary costs for non-payment of land acquisition compensation

Assignment of land

Acquisition of assigned land—Compensation

Assigned land—Prohibition on transfers and alienation

Saving of Certain Laws

31-A. Saving of laws providing for acquisition of estates, etc.

Agrarian reforms—Object of

Constitutional validity

Amalgamation of Co-operative Societies

Acquisition—Meaning of

Jagirs

Inams

Estate—Meaning of

Personal cultivation

Ceiling—Second proviso

Rights

31-B. Validation of certain Acts and Regulations.

Article 31-B to be read with Ninth Schedule

Amendments to Acts in Ninth Schedule

Control orders not immune

Distinction between Article 31-A and 31-B

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

Article 31-C and its validity

Nexus

Compensation

31-D. Saving of laws in respect of anti-national activities

Right to Constitutional Remedies

32. Remedies for enforcement of rights conferred by this Part.

Writs—Introductory

Scope of Article 32

No territorial jurisdiction

Erroneous decisions—Article 32

Exhaustive of other remedies

When Court refuses to exercise power

Who can apply under Article 32

Against whom writ goes

Intervenor

Habeas Corpus

Nature and Object of Habeas Corpus

Res judicata—Successive petitions for Habeas Corpus

Who can move?

Relevant time for determining validity of detention

Habeas corpus—Onus

Stay in habeas corpus proceeding against preventive detention

Scope of the order

Habeas corpus—Non-citizen

Habeas corpus—Fugitive criminal

Prisoner of War

Convicts and prison conditions

mandamus

Mandamus—Nature of

Certiorari and mandamus

Mandamus and injunction

Mandamus against Legislature

Mandamus against Ministers

Mandamus against State

Mandamus against Executive Authorities

Mandamus against companies/statutory corporations

Mandamus—Applicant’s substantial interest

Requirement for issue of mandamus

Public duty to be performed

Refusal to exercise jurisdiction

Discretionary power—Not validly exercised

Mandamus—Against acts ultra vires

Applicants must come with clean hands

Universities and Educational Institutions

Compassionate appointments

prohibition

Writ of Prohibition

Position of Writ of Prohibition in India

Nature of writ

Prohibition and certiorari

Jurisdiction—Supervisory

Prohibition and Appeal

Prohibition—Purpose of

Acquiescence

Jurisdiction—Want of

Stage at which prohibition goes

Quo warranto

Writ of quo warranto

Office to be of a public nature

Re-appointment

Void confirmation order

Writ not a matter of course

Motive of appointing authority

Quo warranto—Conduct of petitioner

Who can apply (Municipal Board)

certiorari

Judicial review—Administrative actions

Exclusion of Judicial Review

Certiorari—Scope of

Certiorari—Supervisory jurisdiction

Excess of Jurisdiction

Jurisdictional and collateral facts

Excess of power

On what grounds will certiorari lie

When record to be produced

Errors of law—Within jurisdiction

natural justice

Natural justice—Fundamentals of

Concept and aim of natural justice

Natural justice in administrative functions

Not embodied rules

Natural justice—Limits of

Natural justice—Statutory procedure

Non-observance of natural justice—Effect of

Test of prejudice and natural justice

Immediate action—Necessary

Depriving person of his property—Notice—Necessity of

Natural justice and Bias

Natural justice—Investigation and enquiries

Natural justice—Prima facie case

Natural justice—Duty to hear

Natural justice—When facts admitted

Party heard at appellate stage—Not sufficient

Natural justice—Presenting the case

Natural justice—Audi alteram partem—Hearing

Statutory bodies—Hearing fairly

Adjournment

Natural justice—Evidence before both parties

Natural justice—Cross examination

Natural justice—Personal hearing

Necessity of giving reasons

32-A. Constitutional validity of State laws not to be considered in proceedings under Article 32

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

Power to Parliament to modify the rights conferred by Part III in their application to forces.

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

Martial law and suspension of habeas corpus.

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

CIause (b)—Law in force in the territory of India

Effect of clause (c)

PART IV

DIRECTIVE PRINCIPLES OF STATE POLICY

36. Definition.

State

Rights against the State

37. Application of the principles contained in this Part.

Directive principles

Directive principles—Utility in interpreting the Constitution

Fundamental rights and directive principles compared

Primacy as between Part III and Part IV

Object of directive principles

Non-enforceability of rights in Part IV

Obligations of the State in regard to fundamental rights

Directive principles—Reasonable restrictions on fundamental rights

Conflict between Part III and Part IV

38. State to secure a social order for the promotion of welfare of the people.

Welfare State

Welfare State and Welfare Society

Welfare State—Avowed purpose of Constitution

Duties of State—Provision of sports stadium for public

39. Certain principles of policy to be followed by the State.

Material resources

Distribution

"Common good" and "unjust enrichment"

General insurance business

"Equal pay for equal work"

Welfare of women and children

Custody of minor child

Women as victims of violence

"Traffic in human beings"

Violence against women

Rights of a Hindu wife

Sexual harassment of working women

Dignity of women upheld by the Apex Court

Rape

"Cruelty"—Definition of

Determination of cruelty—Factors for

Illegal sale of babies—Procedural safeguard

Imposition of corporal punishment on the child

Children as victims of crime—International scenario

Children as victims of crime—Its dimensions

Violence against children

Sexual exploitation of children

Prostitution—Meaning of

Concern of judiciary towards sexual abuse

Child prostitutes

Measures to retrieve women from prostitution

Amendment of Dowry Prohibition Act—Steps to curb exploitation and suppression of women

Rescue and rehabilitation of child prostitutes

Exploitation of children in any form is objectionable

Use of children by criminal gangs

Child marriage—Legality and validity of

Child marriage—A social evil

Issuance of directions by Court

39-A. Equal justice and free legal aid.

Directive principles—Article 39-A

Equal justice and free legal aid

Imposition of Additional Court-fee on appeals or revision to Tribunals—Not void and inoperative

40. Organisation of village panchayats.

Organisation of village panchayats.

41. Right to work, to education and to public assistance in certain cases.

Right to work

Right to education

Students’ Unions

42. Provision for just and humane conditions of work and maternity relief.

Welfare measures

Disablement benefits

Education

Prison reforms

Maternity benefits

Right to health and safety

43. Living wage, etc., for workers.

Fair wage

Living wages

Decent standard of life

Discrimination—Not permissible

Co-operative societies of workmen—Grant of exemption

43-A. Participation of workers in management of industries.

Workers' participation in management of industries.

44. Uniform civil code for the citizens

Uniform Civil Code for the citizens.

45. Provision for early childhood care and education to children below the age of six years.

Importance of education

Provision for free and compulsory education for children

Public schools—Fixation of fees

Grant-in-aid

Rights of minorities

46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

Weaker sections—Meaning of

47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

Public health

Medical treatment while travelling in trains

Duties of doctor and discretion in choosing treatment

Negligence of doctor

Test of medical negligence

Error of judgment of doctor is not negligence

Question of delay or negligence by doctor

Failure to prove negligence by doctor—Complaint dismissed

Operation—Negligence to be established

Immunity to medical practitioner for negligence

Compensation to consumer for injury suffered

American medical malpractice litigations

Courts have an obligation to grant relief

Family planning programme—Decrees passed on failure of sterilization operations—Need for devising a welfare fund or insurance scheme

Ampoule of injection—Not fit for human consumption—Complainant entitled to compensation

Compensation for negligence causing physical pain and mental anguish

Contaminated syrup—Compensation to complainant

Actionable negligence in prescribing wrong medicine

Default in supply by attendant—Liability for compensation

Performance of second operation without consent of complainant

By-pass surgery—Deficiency of service

Prohibition and trade in liquor

48. Organisation of agriculture and animal husbandry.

Organising of agriculture on modern lines

Prevention of cow slaughter

48-A. Protection and improvement of environment and safeguarding of forests and wild life.

Love of nature

Fundamental Rights and Directive Principles providing for protection of environment—To be read together

Protection of environment

Disturbance of basic environment elements—Hazardous to life

Environmental pollution—Causes of

Protection of people from pollution

Tapping of natural resources and ecological balance

Environmental care and conservation

Environmental Courts/Tribunals—Difficulties of complex technology

Environmental Law and locus standi

Environmental protection—Consciousness for

Environmental protection—A constitutional mandate and commitment

Society's interaction with nature and effect on humanity

Environment safeguard under the Constitution

Free and unpolluted environment—Court's intervention

Hygienic environment—An integral facet of right of healthy life

Industrial development vis-a-vis protection of environment

Nuisance—An interference in enjoyment

Necessity of policy decision for ecological balance

Establishment of forest based industries

Effects of pollution and nature-destruction crimes

Controlling the monster of pollution

Protective measures to control pollution

Precautions in laying pipeline to protect ecology and environment

Protection of life and personal liberty

Public nuisance by pollution of rivers

Public nuisance by manufacturing contaminated and adulterated tea

Adequacy of punishment for violation of Environment Protection Laws

Safeguards under Article 32 for preservation of fundamental rights

Right to environment and right to livelihood flow from right to life

Right to Life—Manifold attributes

Domestic garbage and sewage

Right to use water prevails over other needs

Changing needs of the society—Evolution of new law

Sustainable development

Sustainable development and ecology—A balancing concept

Air pollution defined

Effects of air pollution

Air pollution control in residential area

Water and Air Acts—A complete Code for prevention and control of water and air pollution

Precautions to avoid Air pollution

Exemption to industries causing air pollution—Ultra vires the Air (Prevention and Control of Pollution) Act

Relocation of industries to prevent annihilation of inhabitants

Banning of limestone quarries

Ban on old commercial vehicles

Noise pollution

Disastrous noise violative of constitutional guarantee under Article 21

Right to sleep and leisure

Interference of noise with sleep and rest

Health hazards of noise pollution

Ban on manufacture of fireworks creating noise beyond permissible limits

No inherent right to manufacture fireworks that creates sound pollution

Sound pollution during Azan

Noise by aircrafts

Excessive noise—A war of decibels

Noise pollution by vehicles

Pollution of water

Pollution by health care establishments

Pollution by discharge of sewage into river

Shrimp culture farming

Law relating to users of highways involves give and take

Consumption of plastic and its effect

Neon lights—A source of health hazard and environmental nuisance

Principles on environmental protection

Precautionary principle and the polluter pays principle

The precautionary principle—New burden of proof

Assimilative Capacity Principle replaced by the Precautionary Principle

Salient principles of sustainable development

Customary International Law and Domestic Municipal Law

Closure of workshop

Compensation—Liability of polluting industries

Offence by company

Lack of public response to pollution crimes

Public Interest Litigation for ecological imbalances

49. Protection of monuments and places and objects of national importance

50. Separation of judiciary from executive.

Independence of the judiciary

"The State"—Meaning of

Separation of powers

Judiciary—Guardian of the rule of law and temples of justice

Deep-rooted faith in impartiality of Judges

Judicial system—Conditions for efficient working

Judicial activism

Functions of the Court

Powers of High Court under Article 226

Powers of High Court to do justice

Judicial restraint

Rule of stare decisis

Appointment of Judges—Not an executive act

Woman as a Judge

Judicial Officers—Should not indulge in fanciful litigations

Adequacy of strength of Judges

Transfer policy of Judges

Post-retirement appointment of Judges

Appointment as Inquiry Commission of a retired Judge

Subordinate judiciary—Control by High Court

Validation Acts

51. Promotion of international peace and security.

Promotion of international peace and security

Municipal Law and International Law

Section 86, Civil Procedure Code, 1908 and the Doctrine of Sovereign Immunity

PART IV-A

FUNDAMENTAL DUTIES

51-A. Fundamental duties.

Fundamental Duties—Purpose of

Fundamental Duties—Indirectly cast a duty on the State

Fundamental Duties—Enforcement of

Directions to States/Central Government

Protection of environment—Duty of

Protection and preservation of environmental ambience—Encroachment of indiscriminate construction of residential-cum-commercial complexes by Development Authority

National Anthem—Deletion of word ‘Sindh’ therefrom

PART V

THE UNION

CHAPTER I—THE EXECUTIVE

The President and Vice-President

52. The President of India.

President of India

Role of President

Position of President under the Constitution

President to appoint Ministers on advise of Prime Minister

53. Executive power of the Union.

Executive power

American presidential and British Cabinet System

Constitutional position of the King in England

American President and British Prime Minister

British Cabinet system adopted by our Constitution

Parliamentary form of Government

54. Election of President.

Electoral College.

55. Manner of election of President.

Manner of election of President.

56. Term of office of President.

President when enabled to continue in office after expiry of term.

57. Eligibility for re-election.

58. Qualifications for election as President.

Scope of the Article

Article 58 (1) to be read with Article 71 (3)

Person qualified under Article 58—Not complying with the requirements—Not a candidate

Oath—Whether necessary to be taken by a Presidential candidate

Expression ‘Is qualified for election as member of the House of the People’—Meaning of

Disqualification relating to ‘office of profit’

59. Conditions of President's office.

Pension to retiring President.

60. Oath or affirmation by the President.

61. Procedure for impeachment of the President.

Impeachment of President.

62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.

Provision regarding time limit mandatory

Maxim ‘Impotentia excusat legem’—Applicability of

Word ‘Otherwise’—Implication of

Term of office and election to fill vacancy

63. The Vice-President of India.

64. The Vice-President to be ex officio Chairman of the Council of States.

65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.

Officer of President—Mid-term vacancy in.

66. Election of Vice-President.

Amendment by the Constitution (Eleventh Amendment) Act, 1961—Effect of.

67. Term of office of Vice-President.

68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy.

69. Oath or affirmation by the Vice-President.

70. Discharge of President's functions in other contingencies.

Discharge of President's functions in certain contingencies

Discharge of the functions of President

Disqualifications whether attracted to person discharging the functions of President

71. Matters relating to, or connected with, the election of a President or Vice-President.

Election petition against election of President and Vice-President

Challenge to President's election

Effect of election declared void

72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

Pardoning power of President and Governor

Judicial review of President’s order

Right of oral hearing

73. Extent of executive power of the Union.

Extent of executive powers

Scope of Articles 73 and 162

Executive power—Limitation on exercise of

Nature of executive power

Executive Power—Not arbitrary—Rule of law

Enforceability of non-statutory administrative rules or instructions

Policy of Government—Liable to be changed

Council of Ministers

74. Council of Ministers to aid and advise President.

Cabinet—Meaning of

Importance of majority in Parliament

Bagehot’s—Description criticised

Prime Minister—Appointment of Ministers

Position of Prime Minister

Prime Minister’s influence—Reasons for

Appointment of Prime Minister

Choice of Prime Minister on fall of Government

Prime Minister—Dismissal of

Deputy Prime Minister

Prime Minister and his cabinet

Prime Minister—His individuality

Death/resignation of Prime Minister

Prime Minister—Selection of his minister

Reshuffling of the cabinet

Leader of the House

Whip

75. Other provisions as to Ministers.

Council of Ministers

Prime Minister—Power to dissolve Parliament

Parliament dissolved—Office of the Prime Minister

Joint and collective responsibility of Ministers

Individual responsibility of Ministers

Agreement to differ

Shadow cabinet

Minister—Resignation of

Minister's oath of secrecy

Minister of State

Enquiry against Ministers

Dissolution of Parliament—Effect on Article 75

Opposition—Role of—In Cabinet system

The Attorney-General for India

76. Attorney-General for India.

Position of Attorney General.

Conduct of Government Business

77. Conduct of business of the Government of India.

Conduct of Government Business

State represented by various Departments can only speak with one voice

78. Duties of Prime Minister as respects the furnishing of information to the President, etc.

Principle of collective responsibility.

Chapter II—Parliament

General

79. Constitution of Parliament.

Bicamerial Legislature.

80. Composition of the Council of States.

Composition of Council of States.

81. Composition of the House of the People.

82. Readjustment after each census.

Allocation of seats

Articles 82 and 327—Difference between

Territorial constituencies—Changes in

83. Duration of Houses of Parliament.

Term of Legislatures

Duration of Legislatures

84. Qualification for membership of Parliament.

Manner of oath.

85. Sessions of Parliament, prorogation and dissolution.

Meeting, adjournment, prorogation and dissolution of Parliament—Summoning of Parliament

Session of Parliament

Effect of prorogation upon proceedings in Parliament

Dissolution of Parliament

86. Right of President to address and send messages to Houses.

Right of President of address and send messages to Houses of Parliament

Messages from President

87. Special address by the President.

Special address by President.

88. Rights of Ministers and Attorney-General as respects Houses.

Officers of Parliament

89. The Chairman and Deputy Chairman of the Council of States.

90. Vacation and resignation of, and removal from, the office of Deputy Chairman.

91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

93. The Speaker and Deputy Speaker of the House of the People.

Office of Parliament—Lok Sabha Speaker and Deputy Speaker

Conventions about Speakers

Speaker Pro-tem

Oath by Speaker

94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.

96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker

Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.

98. Secretariat of Parliament.

Secretary General of Lok Sabha.

Conduct of Business

99. Oath or affirmation by members

Oath or affirmation by members.

100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Scope of the Article.

Disqualifications of Members

101. Vacation of seats.

Vacation of seats.

102. Disqualifications for membership.

Scope of Article 102

Office—Interpretation of

"Office of profit

Holding office of profit—Disqualification for election

Disqualification for membership of Municipality

103. Decision on questions as to disqualifications of members.

Decision on question of disqualification of member.

104. Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified.

Expression ‘Sitting or voting as a member’.

Power, Privileges and Immunities of Parliament and its Members

105. Powers, Privileges, etc., of the Houses of Parliament and of the members and committees thereof.

Freedom of Speech in the American Constitution

Freedom of Speech under the Indian Constitution

Immunity

Parliamentary privilege in the House of Commons—Arrest general, warrant

Punishment for contempt by House of Commons

General warrants of Arrest—Powers of House of Commons

Freedom of members from arrest

106. Salaries and allowances of members.

Legislative Procedure

107. Provisions as to introduction and passing of Bills.

Validity of law

Prorogation, dissolution of House and lapse of Bills

Prorogation and adjournment

Expression ‘Bill pending’

108. Joint sitting of both Houses in certain cases.

109. Special procedure in respect of Money Bills.

Special procedure as to Money Bills.

110. Definition of "Money Bills".

111. Assent to Bills.

Assent to Bills.

Procedure in Financial Matters

112. Annual financial statement.

113. Procedure in Parliament with respect to estimates.

114. Appropriation Bills.

115. Supplementary, additional or excess grants.

116. Votes on account, votes of credit and exceptional grants

117. Special provisions as to financial Bills.

Procedure Generally

118. Rules of procedure.

Scope of the Article

Rules subject to fundamental rights

Effect of Article 124 (5)

Rules of Procedure—Interference by Courts

119. Regulation by law of procedure in Parliament in relation to financial business.

120. Language to be used in Parliament.

Language to be used in Parliament.

121. Restriction on discussion in Parliament.

Restriction on discussion in Parliament.

122. Courts not to inquire into proceedings of Parliament.

CHAPTER III—LEGISLATIVE POWERS OF THE PRESIDENT

123. Power of President to promulgate Ordinances during recess of Parliament.

Legislative power of the President and the Governors—Historical background

Necessity for issue of Ordinance

Nature of Ordinance making power

Ordinance is Law—Article 13

CHAPTER IV—THE UNION JUDICIARY

Courts and Legislature

Interpreter of Constitution

Social Legislation

Due Process Clause

Presumption of constitutionality

Judicial doubts on constitutionality of Acts

Judicial review when absolutely necessary

Court's interference—Principles

Judicial restraint—When absolutely necessary

Who can challenge the constitutionality of a Statute

Consequences of a statute being void

Effect of subsequent grant of legislative power

Unconstitutional law

Casus omissus

Severability

Courts—Legislative process

Competence of Legislatures

Court and Legislatures

Morality and constitutionality of Statutes

Law relating to economic activities

Judicial decisions and legislature

Sovereign immunity

Court and Foreign Affairs

Courts and Aliens

Courts and political questions

Justiciability

Courts and acts of States

Courts and International Law

Bar to interference by Courts in disputes arising out of certain treaties, agreements, etc

Validation Acts—Retrospective effect

Validating Tax Acts—Retrospective

Courts and Subordinate Legislation

Courts and delegated legislation

Courts and Bye-laws

Rules

Invalid Rule—Effect of no challenge

Courts and Freedom of Press

Courts and Article 14

124. Establishment and Constitution of Supreme Court.

Judicial Power

Independence of Judiciary

Criticism of Judges

Judiciary—Immunity of Judges

Judges to be protected

Establishment and constitution of Supreme Court

Supreme Court—Appointment of Judges

Under the Constitution

Oath taken by the Judges

Transfers

Justiciability of appointments and transfers

Resignation

Removal of a Judge

Removal of Judge—Impeachment

Prohibition to plead or act in any Court

125. Salaries, etc., of Judges.

Salaries etc. of Judges.

126. Appointment of acting Chief Justice.

Appointment of Acting Chief Justice—Need for consultation.

127. Appointment of ad hoc Judges.

128. Attendance of retired Judges at sittings of the Supreme Court.

129. Supreme Court to be a court of record.

Court of Record.

130. Seat of Supreme Court.

Seat of Supreme Court.

131. Original jurisdiction of the Supreme Court.

Original jurisdiction

Scope of Article 131

Parties to Suit under Article 131

Private Party—Under Article 131

State and Government—Distinction

Rights of State Government

Dispute between Government and State

Limitation in regard to disputes under Article 131

Legal right

Nature of orders which Supreme Court may pass

Union and Inter-State disputes

Applicability of Articles 131 to remedy under Article 226

131-A. Executive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws.

132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.

Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.

133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.

Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

Other proceedings

Civil proceedings

134. Appellate jurisdiction of Supreme Court in regard to criminal matters.

Scope of Article 134

Making of disparaging remarks against lower Court—Expunction of

Plea not urged before trial Court or High Court—Cannot for first time be permitted to be raised in Supreme Court

Appeal—Locus standi

Appeal against acquittal—Two views possible

Subsequent appeal

Preventive detention—Order quashing detention reversed—Whether detenu to serve remainder period

134-A. Certificate for appeal to the Supreme Court.

Certification

Certificate—Grant of

Effect of Certificate

Acquittal

Criminal proceedings

Question of facts

Substantial question of law

New plea

Subsequent events

Interlocutory order

Wide amplitude of Article 133

Judgment—Meaning of

Final order

135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.

Jurisdiction and powers of the Federal Court under existing law to be exercised by the Supreme Court—Article 135, Article 134, 134-A.

136. Special leave to appeal by the Supreme Court.

Special leave to appeal to the Supreme Court

Application for leave and final hearing

Codonation of delay in filing statutory appeals

Refusal of special leave to appeal

Dismissal at stage of special leave without reasons by a non-speaking order—No res judicata, no merger

Dismissal of special leave petition by a speaking or reasoned order—No merger but rule of discipline and Article 141 attracted

Grant of special leave petition

Revocation of leave

Untrue statements

Tribunals

Administrative Tribunals

Military tribunals

Income-tax Tribunals

Tribunals constituted under the inter-State Water Disputes Act, 1956—Locus standi before

Awards under the Industrial Disputes Act

Interim injunction—Interference in

Arbitration award—Rate of future interest

Grant of bail

Cancellation of bail

Appeal against acquittal

Appeal against conviction—Principles for exercise of power by Supreme Court

Appeal against conviction—Accused acquitted of charges—Acquittal of co-accused though no appeal preferred by him

137. Review of judgments or orders by the Supreme Court.

Review of judgments or orders by the Supreme Court—Article 137.

138. Enlargement of the jurisdiction of the Supreme Court.

Enlargement of the jurisdiction of the Supreme Court.

139. Conferment on the Supreme Court of powers to issue certain writs.

Remedies for enforcement of rights conferred by Part III.

139-A. Transfer of certain cases.

Transfer of certain cases.

140. Ancillary powers of Supreme Court.

Power of Supreme Court to mould relief.

141. Law declared by Supreme Court to be binding on all courts.

Decision of Supreme Court—Binding nature

Larger and smaller Benches

Decision overruled—Effect of

Obiter dicta

Prospective operation of judgment

Principle of stare decisis

Jurisdiction to reconsider and revise decision

Powers of Supreme Court to correct mistakes

Precedents

Previous decisions—Overruling of

Decisions of English Courts

142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

Powers of the Supreme Court

Power to do "complete justice"

Regularization of services

143. Power of President to consult Supreme Court.

Advisory jurisdiction

Value of advisory opinion

144. Civil and judicial authorities to act in aid of the Supreme Court.

Scope of the Article

"All authorities"

"In aid of the Supreme Court"

Orders of Supreme Court—Enforcement of

Articles 141 and 144

144-A. Special provisions as to disposal of questions relating to constitutional validity of laws

145. Rules of Court, etc.

Rules of the Court

Intervention

Practice of the Court

Practice and Procedure of Court

Judges make law

Prospective declaration of law

Dissenting judgment

Advocates practising before Supreme Court

Appeal as of right and by leave—Distinction between

146. Officers and servants and the expenses of the Supreme Court.

Officers and servants and the expenses of the Supreme Court.

147. Interpretation.

CHAPTER V—COMPTROLLER AND AUDITOR-GENERAL OF INDIA

148. Comptroller and Auditor-General of India.

Comprtoller and Auditor-General.

149. Duties and powers of the Comptroller and Auditor-General.

150. Form of accounts of the Union and of the States.

151. Audit reports.

PART VI

THE STATES

CHAPTER I—GENERAL

152. Definition.

State and People

Society and State—Meaning of

Concept of State—Changes

State—Meaning in the Constitution

Sovereignty

State and Government

Classification of Governments

(1) Monarchy

(2) Dictatorship

(3) Theocracy

(4) Limited Monarchy

(5) Republic

(6) Capitalist Government

(7) Socialist Government

Aspects of Government

Political power—Division of

CHAPTER II—THE EXECUTIVE

The Governor

153. Governors of States.

Governor.

154. Executive power of State.

Executive Functions and Powers

Executive power—Exercise of

Executive power not dependent on legislation

Executive power of the Governor

Delegation to subordinate authorities

Judicial review of executive action

Chief Minister and other ministers are public servants

155. Appointment of Governor.

Appointment of Governor.

156. Term of office of Governor.

Term of office of Governor

Governor can continue to hold office after expiry of his term till successor enters office

Chief Justice—Role of

157. Qualifications for appointment as Governor.

158. Conditions of Governor's office.

159. Oath or affirmation by the Governor.

160. Discharge of the functions of the Governor in certain contingencies.

Governor a component part of Legislature

Governor's powers

Exercise of powers by Governor after dissolution of Legislative Assembly

Office of Governor whether employment

Governor when acts in his discretion

Exercise of powers and functions by Governor in ex officio capacity

State Executive

161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

Scope of Article 161

Council of Ministers—Advice of

Exercise of power under Article 161

Remission of sentence

Effect of pardon/remission of sentence

Mercy petition—Delay in disposal off

Power of Court to interfere

162. Extent of executive power of State.

Extent of executive power

Power to issue Rules under Article 162

Government offices—Location of

Council of Ministers

163. Council of Ministers to aid and advise Governor.

Council of Minister in a State

Appointment of Minister

Administration of tribal areas—Constitution of District Council/Mara Autonomous District Council (MADC)—Exercise of ‘pleasure doctrine’ by Governor of Mizoram

164. Other provisions as to Ministers.

Appointment of Chief Minister/Minister

Swearing in of Council of Ministers

Minister subordinate to Governor

Power of Chief Minister

The Advocate-General for the State

165. Advocate-General for the State.

Advocate-General for the State

Additional Advocate-General

Status and responsibility of Advocate-General

Advocate General/Additional Advocate General—Undermining the office of

Conduct of Government Business

166. Conduct of business of the Government of a State.

Conduct of Government Business

Order of Government—Not expressed in name of Governor—Resiling by subsequent Government

167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.

Duties of Chief Minister.

CHAPTER III—THE STATE LEGISLATURE

General

168. Constitution of Legislatures in States.

Functions of the Governor.

169. Abolition or creation of Legislative Councils in States.

170. Composition of the Legislative Assemblies.

Composition of Legislative Assemblies

Proportionality of representation

171. Composition of the Legislative Councils.

Functional or vocational representation

"Electorate"—Meaning

Graduates constituency

Teachers constituency

Allocation of seats in the Legislative Council

172. Duration of State Legislatures.

Duration of State Legislature.

173. Qualification for membership of the State Legislature.

Oath or affirmation.

174. Sessions of the State Legislature, prorogation and dissolution.

Prorogation and dissolution of State Legislature

Dissolution of Legislative Assembly—Validity of

175. Right of Governor to address and send messages to the House or Houses

176. Special address by the Governor.

Special address by the Governor.

177. Rights of Ministers and Advocate-General as respects the Houses.

Appointment of a non-member as Chief Minister/Minister.

Officers of the State Legislature

178. The Speaker and Deputy Speaker of the Legislative Assembly.

179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

182. The Chairman and Deputy Chairman of the Legislative Council

183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.

184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

187. Secretariat of State Legislature

Secretarial staff.

Conduct of Business

188. Oath or affirmation by members.

Oath or affirmation by members.

189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualifications of Members

190. Vacation of seats.

Expression ‘Becomes’

Resignation by member

Absence for a period of sixty days

191. Disqualifications for membership.

Provisions of Article 191 or Article 102.

192. Decision on questions as to disqualifications of members.

Scope of the Article.

193. Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified.

Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified.

Powers, Privileges and Immunities of State Legislatures and their Members

194. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.

Scope of the Article

Privileges, powers and immunities—Nature of

Scope of the Article

Freedom of speech in the State Legislature

Freedom of speech in British Parliament

Speech made in contravention of Article 211

Immunity conferred by Clause (2)—Clause (2) wider than Clause (1)

Contempt against Judges

Right to publish proceedings of Legislature

Publication under authority of the House

Expression "in respect of anything said"—Meaning of

"Proceedings"

Immunity—Importance of

Powers—Meaning of

195. Salaries and allowances of members.

Salaries and allowances.

Legislative Procedure

196. Provisions as to introduction and passing of Bills.

Prorogation and dissolution

Expression ‘Bill pending’

197. Restriction on powers of Legislative Council as to Bills other than Money Bills.

198. Special procedure in respect of Money Bills.

199. Definition of "Money Bills".

Money Bill and other Financial Bills

Fees

Deputy Speaker’s power to certify Money Bills

200. Assent to Bills.

Assent to Acts by Governor.

201. Bills reserved for consideration.

Procedure in Financial Matters

202. Annual financial statement.

203. Procedure in Legislature with respect to estimates.

‘Demands’

Governor—To act on recommendation of Council of Ministers

204. Appropriation Bills

Effects of the Appropriation Act.

205. Supplementary, additional or excess grants.

Scope of the provisions.

206. Votes on account, votes of credit and exceptional grants.

207. Special provisions as to financial Bills.

Procedure Generally

208. Rules of procedure

Rules of Procedure

Procedure of Independence

209. Regulation by law of procedure in the Legislature of the State in relation to financial business.

210. Language to be used in the Legislature.

211. Restriction on discussion in the Legislature.

Restrictions on discussion in the legislature.

212. Courts not to inquire into proceedings of the Legislature.

Courts not to inquire into proceedings of the Legislature.

CHAPTER IV—LEGISLATIVE POWER OF THE GOVERNOR

213. Power of Governor to promulgate Ordinances during recess of Legislature.

Governor’s power to promulgate Ordinance

Ordinance not open to challenge

Ordinance not invalid on ground of non-application of mind

Ordinance not replaced by Act embodying terms of the Ordinance—Effect of

Ordinances—Successive promulgation

Re-promulgation of Ordinances by Governor without getting them replaced by Acts—Practice of

Chapter V—The High Courts in the States

214. High Courts for States.

Establishment of High Courts

Enrolment of Advocates

215. High Courts to be courts of record.

Court of record

Relationship between Supreme Court and High Courts

Contempt of Court—Powers of High Courts

Motion of criminal contempt—Consent of Advocate-General

216. Constitution of High Courts.

High Court—Power to invest it with general jurisdiction

Strength of High Court Judges

Fixation of Judge strength

217. Appointment and conditions of the office of a Judge of a High Court.

Appointment of the office of a Judge of a High Court

Tenure of a High Court Judge

Dispute—Age of Judge

Qualification for appointment as a Judge

Expressions "judicial office" and "judicial service"—Meanings of

Judicial Officers—Duties and expectations from

High Court Judge—Not a Government servant

High Court Judge—Power of

Judge on Commission

Resignation by Judge

Removal of Judge

When office of Judge is vacated

218. Application of certain provisions relating to Supreme Court to High Courts.

219. Oath or affirmation by Judges of High Courts.

Taking of oath by Judges of High Courts

Oath on transfer

‘Subscribed’

‘Before the Governor or some person appointed in that behalf’

‘According to the form set out........’

Precedents

220. Restriction on practice after being a permanent Judge.

Right of High Court Judges to practise after ceasing to hold their office

Post-retirement appointment of Judges

Judiciary and legal profession

221. Salaries, etc., of Judges

Salaries, leave, pension, etc. of High Court Judges.

222. Transfer of a Judge from one High Court to another.

Transfer of High Court Judge

Transfer upon creation of a new State

223. Appointment of acting Chief Justice.

Acting Chief Justice—Entitlement to higher ceiling of pension.

224. Appointment of additional and acting Judges.

Additional and acting Judges.

224-A. Appointment of retired Judges at sittings of High Courts.

Appointment of retired Judge

Articles 224 and 224-A

225. Jurisdiction of existing High Courts.

Jurisdiction of the High Courts

Admiralty jurisdiction of High Courts

Chief Justice—Powers of—It is prerogative of Chief Justice to distribute both judicial and administrative business of High Court

Right of intra Court appeal

Trial of election petition—High Court’s power to frame rules

Trial of election petition—Rules framed by the High Court when in conflict with the provisions of the Civil Procedure Code

Appeal against judgment of single Judge before Division Bench—Maintainability of

Administrative decision by High Court—Review of

Establishment of Bench of High Court away from principal seat

226. Power of High Courts to issue certain writs.

Jurisdiction of the Courts

History of Writs

Writ of mandamus—Pre-eminently a public law remedy

Relief not confined to named writs

Writ petition—Maintainability of

Writ jurisdiction—Giving directions beyond pleadings/points raised by parties

Distinction between Article 32 and Article 226

Power of High Court—Under the Constitution

Constitutional validity of statutes—Determination

Writ jurisdiction—Court not to decide academic issues

Quashing of F.I.R.—After filing of charge-sheet

Territorial jurisdiction

Writ against whom

Article 226—Jurisdiction cannot be taken away

Locus standi—Share holder

Locus standi—Acquisition of land

Locus standi—Public Interest litigation

Locus standi to enforce constitutional remedies

Who may file petition under Article 226 ?

Public Interest Litigation—Evolution of

Public Interest Litigation—Meaning of

Public Interest Litigation—Principles of

Public Interest Litigation—Extent of jurisdiction

Public Interest Litigation—Conditions for maintainability

Public Interest Litigation—Locus standi of petitioner

Public Interest Litigation—Service matters

Public Interest Litigation—Management of temples

Public Interest Litigation—Persons not authorised to use siren or red light on cars using them

Public Interest Litigation—Regulation of traffic due to general movement of VIPs

Freedom fighters—Pensionary benefit

Transfer—Interference by Court

Importance of P.I.L. to control administrative actions

Public Interest Litigation for ecological imbalances

Public Interest Litigation—Withdrawal of

Remedy—Breach of Article 19—Bodies incorporated—Article 19 guarantees rights only to citizens

Stranger

Aggrieved person

Rate payer

Not appellate jurisdiction—Article 226

To whom writs can be issued?—Statutory body

To whom writs can be issued?—Against Legislature

Proper parties to writ petition

New plea—Not raised before lower Court/Tribunal—Cannot be raised for the first time in writ petition

Withdrawal of writ petition—Effect

Appellate jurisdiction

Interim orders

Ancillary relief

High Court's order—Writ not to be dismissed in limine

Necessity of giving reasons

Alternative remedy

Payment of money paid under mistake

Alternative remedy—Tax matters

Delay

Delay in pronouncing judgment

Article 226—Admission to Colleges

Increase in admission capacity

Institutional reservation

Lowering of minimum qualifying marks at the post-graduate level of medical education

Allegation of use of unfair means in examination

Education—Granting interim relief by interim orders—Propriety of

Article 226—Election matters

Article 226—Labour Courts

Article 226—Interference with award of Labour Court/Industrial Tribunal

Article 226—Departmental enquiries

Article 226—Disputes relating to contracts

Custody of minor child—Habeas corpus petition against

Res judicata

Judicial review—Exercise of powers

Restitution—Meaning and scope

Power of recalling orders

Writ petition for compensation

226-A. Constitutional validity of Central laws not to be considered in proceedings under Article 226.

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

Power of superintendence over all Courts by the High Court.

Scope of Article 227

Article 227 and Section 115, C.P.C

Quashing of prosecution—Article 227 and Section 482, Cr. P.C

Power of High Court to transfer proceedings

Who may apply under Article 227

Territorial jurisdiction

Extension of time by High Court under Article 227 for deposit of arrears of rent

Alternative remedy

Article 227—Not appellate jurisdiction

Maintainability of appeals

228. Transfer of certain cases to High Court.

Object and purpose of

"Interpretation"—Meaning of

Article 228—Conditions necessary for applicability of

Expression "substantial question of law as to the interpretation of the Constitution"

‘Court subordinate to the High Court’

"Necessary for disposal of the case"—Meaning of

Splitting up of case to decide constitutional questions

Article 228 and 227—Powers of High Court compared

228-A. Special provisions as to disposal of questions relating to constitutional validity of State laws.

229. Officers and servants and the expenses of High Courts.

Officers and servants and the expenses of the High Court

High Court Service

230. Extension of jurisdiction of High Courts to Union territories.

Common High Court for two or more States

Extension or exclusion of jurisdiction of High Court

Union Territory—Different from State

231. Establishment of a common High Court for two or more States

232. [* * * * *]

Chapter VI—Subordinate Courts

233. Appointment of District Judges.

Appointment of District Judges

Clauses (1) and (2) of Article 233

Initial appointment of District Judges under Article 233

Consultation with High Court

Transfer

Retirement age

Rules invalid if contrary to Article 233

233-A. Validation of appointments of, and judgments, etc., delivered by, certain District Judges

Scope of Article 233-A.

234. Recruitment of persons other than District Judges to the judicial service.

Scope of the Article

Subordinate judiciary—Below District Judge

235 Control over subordinate courts.

Scope of the Article

Control—Meaning and extent of

Conditions of service

Disciplinary jurisdiction

Deemed confirmation of probationer

Confirmation and Promotion

Seniority

Compulsory retirement

Punishment—Termination of service

Dismissal

Appeal

236. Interpretation.

Scope of the Article

"Senior Subordinate Judge"

"Judicial service"

237. Application of the provisions of this Chapter to certain class or classes of magistrates

Magistrates exercising judicial powers.

PART VII

238. The States in Part B of the First Schedule.

PART VIII

THE UNION TERRITORIES

239. Administration of Union territories.

Article 239—Scope of

Union Territories

Union Territory of Delhi as a Part C State—A separate entity

Service of Union Territory Employees Rules, 1966

Status of the Administrator

Powers of the Lt. Governor

President's role as the Executive Head

239-A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.

Article 239-A

Legislative power with respect to Part C States

Administrator of Union Territories—Position of

239-AA. Special provisions with respect to Delhi.

Articles 239-AA and 239-AB.

239-AB. Provisions in case of failure of constitutional machinery.

239-B. Power of administrator to promulgate Ordinances during recess of Legislature.

Scope of the Article.

subject index

 

 

DETAILED contents

 

 

THE CONSTITUTION OF INDIA

Volume 3

240. Power of President to make regulations for certain Union territories.

Scope of Article 240.

241. High Courts for Union territories.

Article 241, Clause (2)—High Courts

Judicial Commissioners

Judicial Commissioner—Whether can act as arbitrator without President’s permission

242. Coorg.

PART IX

THE PANCHAYATS

243. Definitions.

Panchayats—Constitutional institutions

Village Panchayats—Organisation of

Village—Definition and concept of

Panchayat, Panchayat Area, Intermediate Level, District—Definitions and significance of

Delegation of powers

Judicial scrutiny

243-A. Gram Sabha.

Gram Sabha—Definition of

Gram Sabha—Object for constitution of

Gram Sabha—Powers and functions

Gram Sabha—Quorum for meeting of

243-B. Constitution of Panchayats.

Constitution of Panchayats.

243-C. Composition of Panchayats.

Composition of Panchayats.

243-D. Reservation of seats.

Reservation of seats in Panchayats.

243-E. Duration of Panchayats etc.

Duration of Panchayats.

243-F. Disqualifications for membership.

Disqualifications for membership of Panchayats.

243-G. Powers, authority and responsibilities of Panchayat.

Powers, authority and responsibility of Panchayats.

243-H. Powers to impose taxes by, and Funds of, the Panchayats.

Powers to impose taxes by, and funds of, the Panchayats.

243-I. Constitution of Finance Commission to review financial position.

Constitution of Finance Commission to review financial position of Panchayats.

243-J. Audit of accounts of Panchayats.

Audit of accounts of Panchayats.

243-K. Elections to the Panchayats.

Elections to the Panchayats

‘Election symbol’

243-L. Application to Union territories.

243-M. Part not to apply to certain areas

243-N. Continuance of existing laws and Panchayats.

243-O. Bar to interference by courts in electoral matters.

Powers of Court to review the elections to the Panchayats

Panchayat elections—Election process once started cannot be halted

Panchayat elections—Challenge to rejection of nomination paper

PART IX-A

THE MUNICIPALITIES

243-P. Definitions.

Municipality.

243-Q. Constitution of Municipalities.

Transitional areas

Transition of an urban area into a rural area

Population as a relevant factor

Industrial township

243-R. Composition of Municipalites.

Tenure of Mayor—Not co-terminus with that of Municipal Corporation.

243-S. Constitution and composition of Wards Committees, etc.

243-T. Reservation of seats.

Ascertainment of Backward Classes for reservation

Rationale for reservation

Election to local bodies—Reservation of seat for backward community

President/Chairperson of Municipality

243-U. Duration of Municipalities, etc.

Tenure of Mayor vis-a-vis tenure of Municipal Corporation

Municipal Council—Dissolution of

Supersession of Municipal Council—Non est order passed by Minister—Effect of

Dissolution order of municipal council—Challenge to

Decision to replace municipal council by a municipal corporation—Factors for

Abolition of Municipal Council and constitution of Municipal Corporation—Article 243-U does not apply

Constitution of local self-Government—Change in governance—Does not entail discontinuance of development projects

243-V. Disqualifications for membership.

Qualifications for election to Municipal Council

Municipality elections—Disqualifications

Municipality membership—Restrictions

243-W. Powers, authority and responsibilities of Municipalities, etc.

Fee

Imposition of taxes

243-X. Power to impose taxes by, and Funds of, the Municipalities.

243-Y. Finance Commission.

243-Z. Audit of accounts of Municipalities.

243-ZA. Elections to the Municipalities.

243-ZB. Application to Union territories

243-ZC. Part not to apply to certain areas.

243-ZD. Committee for district planning.

Scope of the Article

Constitution of the District Planning Committee

Section 3, Bihar Regional Development Authority Act, 1981—Validity of

243-ZE. Committee for Metropolitan planning.

243-ZF. Continuance of existing laws and Municipalities

243-ZG. Bar to interference by courts in electoral matters

Survey permissible

Delimitation of constituencies and allotment of seats

Challenge to election

PART X

THE SCHEDULED AND TRIBAL AREAS

244. Administration of Scheduled Areas and Tribal Areas.

Fifth Schedule—Object of

Fifth Schedule—Applicability of

Executive power of State—Subject to legislative power under Clause 5 (1) of Fifth Schedule

Administration and control—Article 244 (1)

Sixth Schedule—A self-contained Code

Government land in Scheduled Area—Transfer in favour of its instrumentalities

Government land in Scheduled Area—Transfer to non-tribals for public purpose

Transfer of immovable property by Scheduled Tribes

Protection from exploitation—Para 10 of Sixth Schedule—Validity of regulations

Consultation with Council of Ministers—Para 14 of the Sixth Schedule

Transitional provisions—Paragraphs 19 and 12 of the Sixth Schedule

Amendments of provisions of the Sixth Schedule

244-A.Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

PART XI

RELATIONS BETWEEN THE UNION AND THE STATES

Chapter I—Legislative Relations

Distribution of Legislative Powers

245. Extent of laws made by Parliament and by the Legislatures of States.

British Parliament

Parliament does not bind successors

Federalism—Meaning of

Federal theory

Sovereignty in federal system

Federal responsibilities

Indian federalism—Co-opertive federalism

Government of India not strictly federal

Constitutional provisions

Federation and unitary system

Separation of Power

Separation of power—Doctrine of

No separation of power under the Constitution

Role of Parliament

Question put in Parliament and State Legislatures

Legislatures under the Constitution

Tax on entertainment—Power of State Government to levy tax on cable television

Establishment of University—To provide consultancy, to establish exami-nation centres, to institute degrees, diplomas, certificates, etc—Not contemplated under the constitutional scheme

Luxury tax on turnover of tobacconist—Levy of

Green tax on motor vehicles—Constitutional validity of

Life time tax (one time tax) on motor vehicles—Constitutional validity of

Powers of Legislature to enact retrospectively

Retrospectivity of laws

Powers of legislature—Rendering judicial decision ineffective by enacting valid law on topic within its legislative field

Conditional legislation

Distinction between conditional and delegated legislation

Delegation of legislative power

Guidance—Nature and extent of

Excessive delegation

Removal of difficulties

Delegation of power—Condition precedents

Scheme and policy

Essential legislative functions—Modification etc

Subordinate legislation

Subordinate legislation—Penalties

Delegated legislation—Subordinate legislation

Legislative Control—Safeguards provided by legislature

Effect of failure to "lay"

Subordinate legislation—Consultation

Sub-delegation of legislative power

Bye-Laws—Subordinate legislation

Publication of—Subordinate legislation

Subordinate legislation—Challenge to

Regulations by statutory bodies—Master and servant

Rules and Regulations—No difference

Departmental Regulations

Rule—Retrospective effect

Rule—As if enacted in the Act

Rules and administrative directions

Executive orders—Instructions

Statutory rules and general instructions

Amplitude of rule making power

Executive orders—Court Rules

Notification—Fundamental rights

Legislation and Rules of Evidence

Delegated legislation—Rules—Validity

Subordinate legislation—Natural Justice

Estoppel against legislation

Substitution of, by invalid rule

246. Subject-matter of laws made by Parliament and by the Legislatures of States.

Distribution of Legislative powers

Policy document

Division of Legislative Power

Enactment of laws

Validity of legislative enactment with reference to Article 19

With respect to—Meaning of

Distribution of legislative power

Legislative entries

Extent of Union legislation

Extension of laws

Extent of State legislation

Validation Acts

Some topics of Legislation Administration of Justice

Aliens, Expulsion and Extradition

Citizenship—Entry 17

Loss of citizenship

Currency, coinage and legal tender

Legislation on public order

Education, Medium of Instruction and Syllabi

Entertainment

Foreign jurisdiction—Entry 16, List I

Highways—Entry 23

Industries

Taxing power—Legislative competence

Tax—Elements of

Levy of market fee on tobacco

Inquiries, Surveys etc

Labour and Industrial Disputes

Land, landlord etc

Local-Self Government

Lotteries, Betting and Gambling

Mines and Minerals

Passport

Pilgrimages

Piracies—Entry 21, List I

Planning, Monopolies

Ports

Preventive detention

Public debt

Railways

Development of inter-State rivers and river valleys

Shipping etc

Natural gas

Electricity

Trade and Commerce—Entries 41, List I, 26, List II & 33, List III under Entry 41, List I

Stamp duty

Scheduled Castes and Scheduled Tribes

Conflict/inconsistency between two laws

247. Power of Parliament to provide for the establishment of certain additional courts.

248. Residuary powers of legislation.

Residuary Power.

249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.

Power of Parliament to legislate with respect to a State subject in the ‘national interest’.

250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.

Power of Parliament to legislate in matter of State List in Emergency.

251. Inconsistency between laws made by Parliament under Articles 249 and 250 and laws made by the Legislatures of States.

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

Powers of Parliament to legislate for two or more States.

253. Legislation for giving effect to international agreements.

Legislation for giving effect to International Agreements

International treaty—When can be implemented

254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.

Scope of Article 254 (1)

Concurrent power in List III

Assent of the President

Extent of repugnancy

Proviso to Article 254

Doctrine of occupied field

Pith and Substance

Matters incidental to effectuation of legislative purpose

Ancillary matters

Colourable legislation

Fraud on the Constitution

Implied repeal

Judicial review of legislations

255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

Chapter II—Administrative Relations

General

256. Obligation of States and the Union.

Union to give directions to State Government

Executive power of the State vis-a-vis executive power of the Union

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

Control of the Union over States in certain cases

Scope of Articles 256 and 257

Scope of Article 257 (4)

257-A. Assistance to States by deployment of armed forces or other forces of the Union.

258. Power of the Union to confer powers, etc., on States in certain cases.

No distinction between powers of President and the powers of the Union.

258-A. Power of the States to entrust functions to the Union.

Relationship of agent not created.

259. Armed Forces in States in Part B of the First Schedule.

260. Jurisdiction of the Union in relation to territories outside India.

261. Public acts, records and judicial proceedings.

Nature of Article 261—Prospective

Full faith and credit

Execution of final judgments/orders

Judgment of a foreign Court—When conclusive

Status of a ‘foreign decree’

Disputes relating to Waters

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

Scope of the Article

Adjudication of disputes relating to waters of inter-State rivers

Co-ordination between States

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

Setting up of an inter-State Council.

PART XII

FINANCE, PROPERTY, CONTRACTS AND SUITS

Chapter I—Finance

General

264. Interpretation.

265. Taxes not to be imposed save by authority of law.

Definitions—Tax

"Levy"—Meaning of

Duties

Impost

Ad valorem Tax

Countervailing duties

Cess

Tax and Fee

Court-fees.

Nature of tax

Fees and Prices—Different from tax

Licence fees

Eminent domain distinguished

Taxation and acquisition of property

Taxes as debts

Interest on arrears of tax

Direct and Indirect Taxes

Double taxation

Power to tax

Extent of taxation

Limitation imposed by Article 265

Taxation laws and Article 13

Tax and Religion

Taxation by bye-laws

Territorial nexus

Delegation of taxing power

Delegation of taxing power—Municipal authorities

Local authority

Invalidity of tax—Refund

Taxing law may be made retrospective

Name of tax—Relevance

Validation of a tax

Levy of tax for purpose of Act

Taxing statute—Exercise of power—Colourable

Tax and motive

Taxation entries

Financial relation between Union & States

Taxing Statutes—Classification—Article 14

266. Consolidated Funds and public accounts of India and of the States.

Revenue and non-revenue

Budget

Appropriation

267. Contingency Fund.

Distribution of Revenues between the Union and the States

268. Duties levied by the Union but collected and appropriated by the States.

Union State—Financial Relations.

268-A. Service tax levied by Union and collected and appropriated by the Union and the States.

269. Taxes levied and collected by the Union but assigned to the States.

Taxes levied and collected by the Union but assigned to the States.

270. Taxes levied and distributed between the Union and the States.

Taxes levied and collected by the Union and distributed between Union and the States.

271. Surcharge on certain duties and taxes for purposes of the Union.

Power to increase federal tax by surcharge

Surcharge—Meaning and purpose of

Additional surcharge—A distinct charge

Expression ‘at any time’

272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States.

273. Grants in lieu of export duty on jute and jute products.

274. Prior recommendation of President require to Bills affecting taxation in which States are interested.

275. Grants from the Union to certain States.

276. Taxes on professions, trades, callings and employments.

Taxes on professions, trades, callings and employments.

277. Savings.

Saving.—Article 277.

278. Agreement with States in Part B of the First Schedule with regard to certain financial matters.

279. Calculation of "net proceeds" etc.

280. Finance Commission.

281. Recommendations of the Finance Commission.

Miscellaneous Financial Provisions

282. Expenditure defrayable by the Union or a State out of its revenues.

Expenditure defrayable by the Union or State out of its own revenue.

283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.

284. Custody of suitors’ deposits and other moneys received by public servants and courts.

Custody of suitor’s deposits and other moneys received by public servant.

285. Exemption of property of the Union from State taxation.

Exemption of property of the Union from State taxation

Taxation by State on Union property

286. Restrictions as to imposition of tax on the sale or purchase of goods.

Restrictions as to imposition of tax on the sale or purchase of goods

Luxury tax

287. Exemption from taxes on electricity

288. Exemption from taxation by States in respect of water or electricity in certain cases

289. Exemption of property and income of a State from Union taxation.

Exemption of property and income of a State from Union taxation

Exemption from excise duty

Union taxation

Tax on Income

Corporation Tax

Customs

Wealth Tax

Gift Tax

290. Adjustment in respect of certain expenses and pensions.

290-A. Annual payment to certain Devaswom Funds.

291. Privy purse sums of Rulers.

Chapter II—Borrowing

292. Borrowing by the Government of India.

Executive power to borrow.

293. Borrowing by States.

Chapter III—Property, Contracts, Rights, Liabilities

Obligations And Suits

294. Succession to property, assets, rights, liabilities and obligations in certain cases.

Succession to property, assets, rights, liability and obligations in certain cases.

295. Succession to property, assets, rights, liabilities and obligations in other cases.

Succession to property, assets, rights, liabilities and obligations in other cases.

296. Property accruing by escheat or lapse or as bona vacantia.

Escheat and bona vacantia—Connotations of and Legislative history.

297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.

298. Power to carry on trade, etc.

Executive power—To carry on trade

Government trading not governmental purpose

Trade with Government—Subject to Part III

Inviting tenders

Citizens have no trade with Government

Trading by Government—Principles

Blacklisting

Power to dispose-off property

299. Contracts.

Executive power of the Union and each State extends to the making of contracts

Contracts made under the Statute

Contract with Government

Submission of tender documents

Implied contract

Tender conditions—To be adhered to scrupulously

Government not bound to accept the higher bid

Government contracts—Policy

Fixation of pre-qualifications of tenderers

Judicial review

300. Suits and proceedings.

Suits against Government under the Constitution

Reasons for non-suability of State

Suability of the United States of America

Act of State

Sovereign and non-sovereign functions—Distinction between

Test for sovereign and non-sovereign functions

Immunity of State for its sovereign acts

Change in concept of sovereign immunity

Statute binding on State

Promissory estoppel

Illegal and tortious acts

Abuse of power by public authorities

Negligent act of Government officials

Compensation—Concept of

Compensation—Object of

Claim in public law for compensation for unconstitutional deprivation of fundamental rights

Quantum of compensation

Chapter IV—Right To Property

300-A. Persons not to be deprived of property save by authority of law.

Bye-law of Co-operative Housing Society—Prohibition of transfer of property by members to non-members—Not violative of Section 10, Transfer of Property Act

Bye-law of Co-operative Housing Society—Not placing absolute restric-tion on right of transfer—Does not offend Article 300-A of Constitution

Power-of-attorney authorising attorney to transfer any immovable property—State amendment authorising Registrar to refuse registration of such document—Invalid and unconstitutional

PART XIII

TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

301. Freedom of trade, commerce and intercourse.

A concept of freedom of trade etc. and intercourse within the territory of India

Article 301 of Indian Constitution and Section 12 of the Australian Constitution

Article 301—Tax laws

Trade—Compensatory tax and fee

Freedom of trade and regulations

Regulatory fee

Discriminatory taxation

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

Scope of.

303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce

Restrictions on Legislative powers of the Union and States with regard to trade and commerce.

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

Restrictions on trade, commerce and inter-course among States

Reasonable restrictions

Onus on State to prove restrictions are reasonable

Regulation and prohibition

Article 304—Proviso

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

Saving of existing law and laws providing for monopolies.

306. Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce.

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

PART XIV

SERVICES UNDER THE UNION AND THE STATES

Chapter I—Services

308. Interpretation.

309. Recruitment and conditions of service of persons serving the Union or a State.

Recruitment and conditions of service of person serving the Union or a State

Article 309—Subject to Articles 310 and 311

Master and Servant

Contract of Service

Contract of Employment

To service under Government and service under a Government

When post held under Government

Government Servants

Status of Government Servant

Civil Servant to follow—Policy of Government

Defence Service

Civil Service

Civil Service and Civil Post

Post—Meaning of

Civil Post

Civil Posts—Classification

Temporary

Quasi-permanent Servant

Officiating

When post held in substantive capacity

Conditions of Service

Conflict between two sets of mandatory Rules

Amendment of Rules

Draft Rules

Alteration of rules—Unilaterally

Rules—Classification of employees

Retrospective Question—Rules under Article 309

Pay Scales

Lien

Lien on post

Abolition of Post

Effect of abolition of post

Cadre

Recruitment

Advertisement

Recruitment from two sources—Quota Rule

Recruitment—Select List

Recruitment—Qualification

Selection—Recruitment

Interview

Qualifying marks

Selection Committee must keep record

Experts opinion

Power to relax Recruitment Rules

Appointments—General

Appointment by direct recruitment—Time limit of joining post and extension thereof

Appointment to permanent post

Appointment to temporary post

Ad hoc appointment

Appointment on approval

Regularisation of ad hoc/temporary employees

Date of appointment

Appointment by transfer

Termination of service

Appointment on Probation—Meaning of

Probation—Termination of service

Probationer—No stigma

Probationer's services—Seniority

Probationary period—Extension of

Probationary period—Expiry of

Termination of service—Temporary servants

Article 311—When applicable?

Confidential Entries—Effect of

Adverse Entry—Non-communication—Effect of

Performance

Quota—Seniority

Promotion on basis of educational qualifications

Seniority

Promotion—Article 16

Promotion—Conditions of Service

Promotion—Basis of

Executive power to promote

Promotion—Postponement of

Classification of employees

Alteration of seniority list by Court

Power to relax rules

Salary—Suit for

Salary—Limitation

Transfer

Retirement—Compulsory retirement of Judges

Principles governing of compulsory retirement

Compulsory retirement—Based on Rules

No stigma

Public interest to be proved

Superannuation—Age of

Fixing the age of retirement—Principles

Retirement not removal from service

Retirement—Reducing the age of—Effect of

Date of Birth

Retirement benefits—Pension, Gratuity etc

Government servants and fundamental rights

Civic position of public officials

Right to make demonstration

Strike

Disciplinary proceedings and simultaneous criminal proceedings

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

Tenure post—Concept of

Tenure of Civil Servants

Doctrine of Pleasure—Limits under Article 310

Difference between Articles 309 and 310

Exercise of Pleasure—Delegation of

Compensation for premature termination of contractual service

Reinstatement and pay for period of absence from duty

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

Article 311—Scope of

Appointment on the basis of false caste certificate—Termination of service

Constitutionality of statutes contravening Article 311

Holding of civil post—Determinative factors

Article 311 not confined to permanent servants

When Article 311 is attracted

Employees of Statutory Bodies

Adoption of U.P. Government Servants (Disciplinary and Appeal), Rules, 1999 by Government Company/Corporation—Effect of

Dismissal by authority subordinate to appointing authority

Power to hold inquiry into the charges may be delegated

Termination of service on giving notice—Validity of

Termination of service—When not stigmatic

Article 310 and Article 311

Transfer on account of misbehaviour—Whether stigmatic

Discharge in terms of contract or conditions of service

Compulsory retirement

Abolition of Post—Effect of

Dismissal without enquiry

Communication of order

Equity jurisdiction—Exercise of

Absence on medical grounds—Whether grave misconduct warranting dismissal from service

Punishment—Removal and Dismissal

Meaning of removal and dismissal etc

Reduction in rank—Reversion

Motive or foundation for reversion

Reversion of persons officiating

Seniority List and Reversion

Reversion—Retrospective

Reversion—Misuse of power

Suspensions

Suspension pending enquiry—When comes to end

Disciplinary proceedings—Initiation of

Departmental Enquiry—Enquiry and Enquiry Officer

Preliminary enquiry

Departmental Enquiry—Quasi-judicial

Reasonable opportunity

Mode of service of charge-sheet

Article 311 (2) and exclusion of principles of natural justice

Supply of the Inquiry Report to the delinquent employee

Question of penalty not justiciable

Form of order imposing punishment

Official record

Departmental proceedings and criminal charge

Effect of order of Government contrary to law—Article 311

Communication of dismissal orders

Reinstatement and payment of back wages

Appeal

Termination of service of probationer

Withholding of pension—Validity of

312. All-India services.

All India Services

Judicial Services

Police Services

312-A. Power of Parliament to vary or revoke conditions of service of officers of certain services.

Scope of the Article.

313. Transitional provisions.

‘Until other provision is made’

"Laws in force"

"Laws in force"—Continuance of operation of U.P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947 and U.P. Police Regulations framed under Police Act, 1861

Member of High Court staff—Power to dismiss vests in Chief Justice

314. Provision for protection of existing officers of certain services.

Scope of the Article.

Chapter II—Public Service Commissions

315. Public Service Commissions for the Union and for the States.

Public Service Commission.

316. Appointment and term of office of members.

Appointment and term of office of members.

317. Removal and suspension of a member of a Public Service Commission.

Removal and suspension of members and Chairman.

318. Power to make regulations as to conditions of service of members and staff of the Commission.

Powers to make regulations as to conduct of service of members and staff of the Commission.

319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.

Prohibition as to holding of offices on ceasing to be members.

320. Functions of Public Service Commissions.

Functions of Public Service Commission

Power of Public Service Commission to short list candidate for appointment

Selection of candidates by U.P. Public Service Commission prior to formation of State of Uttaranchal

Competitive examination conducted by Public Service Commission—Adoption of scalling system to eliminate variation in marking standards of different examiners

Re-evaluation of answer books

Marks for viva voce test

Consultation with Commission

Non-compliance of provisions of Article 320 (3) (c)—Effect of

321. Power to extend functions of Public Service Commissions.

322. Expenses of Public Service Commissions.

323. Reports of Public Service Commissions.

Reports of Public Service Commission.

PART XIV-A

TRIBUNALS

323-A. Administrative tribunals.

Scope

Tribunal and Enquiries

Tribunals not Courts

Tribunals, Courts, Instrumentalities of State

Judicial and legal acts—Difference

Judicial and quasi-judicial functions

Quasi-judicial and administrative acts

Direction from higher authorities in quasi-judicial matters

Administrative act—Natural Justice

De facto Officers and Judges—Decisions by

Final order of Administrative Tribunal—Power of modifying or annulling under Article 371-D (5)

Execution of orders of Tribunals

323-B.Tribunals for other matters.

PART XV

ELECTIONS

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

"Election"—Meaning of.

Purpose of elections.

Use of elections.

Political participation.

"Elector"—Meaning of

Electors of Representatives

Democracy

Right to elect—A statutory right

Representative principle

Freedom of speech in conduct of election compaign

Vote—Duty to

Election of Representatives

Right to know is a basic right

Classification of voters

Voters—Qualifications

Women suffrage

Property-rights

Fitness tests

Member and his constituency

Rights to recall.

Position of voters

Selection of candidates by party

Candidate when deemed to be set up by political party—Mechanism for ascertaining

Right to contest election—Whether fundamental

Political parties

Party alignments

Representative Government

Symbols

Right of political party for reservation of symbol exclusively for it

Right to contest election to local bodies on a particular specified symbol

Symbols—Dispute about

Voting by Machine

Electoral roll

Electoral rolls for parliamentary constituencies

Allocation of seats and delimitation of constituencies

First Schedule

Filling of seats in the House of the People and parliamentary constituencies

Total number of seats in Legislative Assemblies and Assembly constituencies

Second Schedule

Total number of seats in the Legislative Assembly of Sikkim and assembly constituencies

Disqualification for registration in an electoral roll

Allocation of seats in the Legislative Councils

Third Schedule

Fourth Schedule

Notification for general election to the House of the People

Notification for general election to a State Legislative Assembly

Notification for biennial election to the Council of States

Election Schedule

Qualifications and disqualifications

Qualifications for membership of a Legislative Assembly

Qualifications for membership of a Legislative Council

Election disqualification—Fixing different periods of conviction and imprisonment for determining

Disqualification for dismissal for corruption or disloyalty

Disqualifications for Government contract etc

Disqualification for office under Government company

Disqualification for failure to lodge account of election expenses

Removal or reduction of period of disqualification

Disqualification arising out of conviction and corrupt practices

Election disqualification—Suspension of sentence and conviction against candidate seeking to contest election

Corrupt practice in elections—Restrictions on speech

Corrupt practice in elections—Evidence and proof

Corrupt practice in elections—Collaborators of

Removal of disqualifications

Elections—Superintendence of

Election Commission and Election Authorities—Governed by the Representation of the Peoples Act

Powers of Election Commission

Election Commissioner—Power to review

325. No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on grounds of religion, race, caste or sex.

Election—Introducing religion into politics.

326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.

327. Power of Parliament to make provision with respect to elections to Legislatures.

328. Power of Legislature of a State to make provision with respect to elections to such Legislature.

329. Bar to interference by courts in electoral matters.

Judicial review of orders of Election Commission

Election Commission—Whether a Tribunal

Jurisdiction of High Court over the Election Commission

Challenge to Election

Corrupt practices in election

Limitation for filing election petition

Stay of elections whether could be made

329-A. Special provision as to elections to Parliament in the case of Prime Minister and Speaker.

PART XVI

SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.

Reservations for Scheduled Castes and Scheduled Tribes

Reservation for job vis-a-vis reservation for seats in elections

Effect of reservation under Article 330

Double member constituency

331. Representation of the Anglo-Indian community in the House of the People

Reservation for Anglo-Indians

Anglo-Indian community

332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.

Reservation under Article 332.

333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States

334. Reservation of seats and special representation to cease after sixty years

335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.

Claims of Scheduled Castes and Scheduled Tribes

Balance between reservation and efficiency

Reservation in posts involving skill and merit

336. Special provision for Anglo-Indian community in certain services.

337. Special provision with respect to educational grants for the benefit of Anglo-Indian community.

Grants to Anglo-Indian educational institutions.

338. National Commission for Scheduled Castes and Scheduled Tribes

National Commission for Scheduled Castes and Scheduled Tribes

Powers

Protection and welfare of Scheduled Castes and Scheduled Tribes

338-A. National Commission for Scheuled Tribes.

339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes

340. Appointment of a Commission to investigate the conditions of backward classes

Desirability of a permanent statutory body to examine complaints of over-inclusion/under inclusion of Backward Classes.

341. Scheduled Castes.

Scheduled Castes

Articles 341 and 342—Object of

Scheduled Castes and Scheduled Tribes—Definition of

Presidential Notification—Purpose of

Presidential Notification—Scope of

Expression "in relation to that State"

Permissibility of subsequent variation by the President

Powers of the Court

342. Scheduled Tribes.

Scheduled Tribes

Tribal community—Meaning of

Caste certificate

Scheduled Tribes—Considerations for issue of caste certificate

False caste certificate

Scheduled Tribe—Cancellation of community certificate

Migration—Effect of

Conversion—Effect of

Re-conversion

PART XVII

OFFICIAL LANGUAGE

Chapter I—Language of the Union

343. Official language of the Union.

Article 343.

344. Commission and Committee of Parliament on official language

Commission on official language.

Chapter II—Regional Languages

345. Official language or languages of a State.

346. Official language for communication between one State and another or between a State and the Union.

347. Special provision relating to language spoken by a section of the population of a State.

Special provision relating to language spoken by a section of the population of a State.

Chapter III—Language of the Supreme Court, High Courts, etc.

348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.—Article 348

Authoritative text

Language of High Court

349. Special procedure for enactment of certain laws relating to language.

Chapter IV—Special Directives

350. Language to be used in representations for redress of grievances.

350-A. Facilities for instruction in mother-tongue at primary stage.

Facilities for instructions in mother tongue at the primary stage.

350-B. Special Officer for linguistic minorities

351. Directive for development of the Hindi language.

Directive for development of the Hindi language.

PART XVIII

EMERGENCY PROVISIONS

352. Proclamation of Emergency.

Proclamation of Emergency

Proclamation of Emergency in England

Proclamation of Emergency—Publication of resolutions of both Houses of Parliament

353. Effect of Proclamation of Emergency.

Effect of Proclamation of Emergency

Proclamation of Emergency in India

354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.

355. Duty of the Union to protect States against external aggression and internal disturbance.

‘Aggression’—Ambit and scope of

Duty of the Union to protect States against external aggression and internal disturbance

356. Provisions in case of failure of constitutional machinery in States.

Failure of constitutional machinery

Effect of failure to comply with, or to give effect to, directions given by the Union

Dissolution of Assembly

Power to issue proclamation under Article 356

Scope of judicial review of Article 356

357. Exercise of legislative powers under Proclamation issued under Article 356.

Exercise of Legislative powers under Proclamation issued under Article 356.

358. Suspension of provisions of Article 19 during emergencies.

359. Suspension of the enforcement of the rights conferred by Part III during emergencies.

Suspension of the enforcement of the rights conferred by Part III during emergency

Suspension of Fundamental Rights

Emergency—Effect on the right under Article 32

Fundamental Rights—Where cannot be suspended

Suspension of Fundamental Rights during Emergency—44th Amendment of the Constitution—Effect of

Suspension of Fundamental Rights vis-a-vis suspension of their enforcement

Articles 358 and 359—Difference between

Clause 1-A of Article 359

Whether Presidential Order has to comply with Article 14

Duration of Emergency—Not justiciable

359-A. Application of this Part to the State of Punjab.

360. Provisions as to financial emergency.

PART XIX

MISCELLANEOUS

361. Protection of President and Governors and Rajpramukhs.

361-A. Protection of publication of proceedings of Parliament and State Legislatures

361-B. Disqualification for appointment on remunerative political post.

362. Rights and privileges of Rulers of Indian States.

363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.

363-A. Recognition granted to Rulers of Indian States to cease and Privy purses to be abolished.

364. Special provisions as to major ports and aerodromes

365. Effect of failure to comply with, or to give effect to, directions given by the Union.

366. Definitions.

Cess.

367. Interpretation.

Constitutional law—Meaning of

Constitution—Meaning of

Conventions

Constitution derives authority from people

Nature of our Constitution

Constitution and Statutes—Distinction

Constitution—Supreme law

Basic structure of the Constitution

Judicial review

Interpretation by Courts

Historical or contemporary interpretation

Principles of interpreting Constitution

(a) Broad and liberal manner—Not in a pedantic sense

(b) Spirit of the Constitution.

(c) Prospective—Every statute is prima facie

(d) Two constructions

(e) Ambiguity

(f) Speeches

(g) Liberal construction

(h) Every word to be considered

(i) Casus omissus—Whether permissible to supply

(j) Powers under the Constitution

PART XX

AMENDMENT OF THE CONSTITUTION

368. Power of Parliament to amend the Constitution and procedure therefor

Amendment of the Constitution

Machinery for amendment of the Constitution

Parliament, power to amend fundamental rights examined

Golaknath’s case—Amendment of Fundamental Rights

Constitution (24th Amendment) Act, 1971—Amendment of Articles 13 and 368

Supreme Court held Amendment valid—Keshavanand Bharti’s case

Constitution (26th Amendment) Act, 1971—Abolition of privy purses—Constitutional validity

Constitution (32nd Amendment) Act, 1973—Constitutional validity of Clause (3) and Clause (5) of Article 371-D

Validity of Para 7 of the Tenth Schedule as introduced by the Constitution (52nd Amendment) Act, 1985

Amendment by Parliament under its constituent power

Article 13—Law did not exclude law under constituent power of Parliament

Power to amend before amendment located in Article 368 and not in Article 97 Union List Seventh Schedule

Limitation to the power to amend the Constitution—Basic structure cannot be amended

Doctrine of severability

PART XXI

TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List

370. Temporary provisions with respect to the State of Jammu and Kashmir.

371. Special provision with respect to the States of Maharashtra and Gujarat.

371-A. Special provision with respect to the State of Nagaland.

371-B. Special provision with respect to the State of Assam.

371-C. Special provision with respect to the State of Manipur.

371-D. Special provisions with respect to the State of Andhra Pradesh.

Historical background of enactment of Article 371-D

Presidential Order—Meaning and interpretation

Andhra Pradesh (Regulation of Admission) Order, 1974—Scope of

Andhra Pradesh (Regulation of Admission) Order, 1974—Expression ‘course of study’

371-E. Establishment of Central University in Andhra Pradesh.

371-F. Special provisions with respect to the State of Sikkim.

371-G. Special provision with respect to the State of Mizoram.

371-H. Special provision with respect to the State of Arunachal Pradesh.

371-I. Special provision with respect to the State of Goa.

372. Continuance in force of existing laws and their adaptation.

Scope of

Article 372—Object of

Nature of orders passed by Rulers of Indian States—When law?

Common Law of England

Priority of debts due to the State

Privy Council decision not binding on Supreme Court

372-A. Power of the President to adapt laws

373. Power of President to make order in respect of persons under preventive detention in certain cases

374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.

Savings to maintain continuity.

375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution.

376. Provisions as to Judges of High Courts.

377. Provisions as to Comptroller and Auditor-General of India.

378. Provisions as to Public Service Commissions.

378-A. Special provisions as to duration of Andhra Pradesh Legislative Assembly.

379–391. [Rep. by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Sch.]

392. Power of the President to remove difficulties

PART XXII

SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS

393. Short title

394. Commencement

Commencement of the Constitution.

394-A. Authoritative text in the Hindi language.

395. Repeals.

Scope of.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

EIGHTH SCHEDULE

NINTH SCHEDULE

TENTH SCHEDULE

ELEVENTH SCHEDULE

TWELFTH SCHEDULE

appendix-I THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954

appendix-II RE-STATEMENT, WITH REFERENCE TO THE PRESENT TEXT OF THE CONSTITUTION, OF THE EXCEPTIONS AND MODIFICATIONS SUBJECT TO WHICH THE CONSTITUTION APPLIES TO THE STATE OF JAMMU AND KASHMIR

appendix-III EXTRACTS FROM THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978

appendix-iv THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT) ACT, 2002

appendix-v THE CONSTITUTION (EIGHTY-EIGHTH AMENDMENT) ACT, 2003

appendix-vi The Protection of Human Rights Act, 1993

appendix-viI The National Commission for Minorities Act, 1992

appendix-viiI Universal Declaration of Human Rights, 1948

appendix-ix International Covenant on Civil and Political Rights, 1966

appendix-x International Convention on the Elimination of all Forms of Racial Discrimination, 1966

appendix-XI The commissions for protection of child rights act, 2005

Subject Index