Polity
3)(Quasi,Bargaining,Cooperative,Centralizing)=(Wheare,Jones,Austin,Austin)
4)Parliamentary Democracy Features - PM/CM heads CoM, CoM part of real executive, real executive separate from nominal executive, executive responsible for legislature, legislative control over executive
5)Presidential Democracy Features
8)Features of Parliamentary Sovereignty
9)Features of Judicial Supremacy
10)Features of Independent and Integrated Judiciary
11)Features of Secular State - Preamble + ( 14 + 15 + 16 ) + (25 + 26 +27 +28 + 29)+ (44)
12)Significance and Challenges of UAF
13)Types of FR,DPSP,FD,IB,Amendments,Emergencies, Local Self Government, CSOs, territories, Special Provisions for States
14)(Un-Indian, Un-Gandhian, Elephantine, Paradise of Lawyers, Borrowed, Copy of 1935 Act) = (Laksminarayan Sahu, T Prakasan, HV Kamath, HK Maheshwari, BR Ambedkar, BR Ambedkar)
15)Democracy Manifestations - Free,Fair and Periodic Elections held by an Independent Election Commission, UAF and equality of civic rights, Rule of law and Indepedent Judiciary
16)Republic Manifestations - Head of State is Elected, Vestage of political authority in the people, Absence of any privileged class, All public offices open to all people
17)Justice = Equality + Fairness ; Liberty = Absence of restraints + Opportunities for development of individual personalities
18)Features of Equality - Preamble + ( 14 + 15 + 16 + 17 + 18) + (325 + 326)+ (39)
19)(Soul/Key/Jewel/Yardstick to measure worth, Resembles US DoI/Contains Solemn resolve that only a revolution can alter, horoscope, dream) = (Pandit Thakur Das Bhargava, M Hidyatullah, KM Munshi, AK Iyer)
20)Preamble part of C?- BU case 1960, KSB case 1973, LIC India case 1995
21)Preamble can be amended - BU case 1960, KSB Case 1973
22)Art 2 = Admitted states + Established states; Art 3 = merging part or whole of states + increase/decrease area of state + alter boundary of state + alter name of state
23)Can Govt cede territory ? - BU case 1960; What about can Govt settle boundary dispute with foreign state ? - unless it involves ceding terrirtory, exec action suffices
24)(Dhar, JVP, Fazl Ali) = (Admin convenience, Not linguistic basis, 1)Unity and security 2)Linguistic and Cultural Homogeneity 3)Fin, Econ and Admin considerations 4)Planning, Promotion of welfare of state + nation peoples
25)Exclusively citizen rights - 15,16,19,29,30; + Only citizens can 1)Vote in elections to SLA/LS 2)Contest in elections to SL/P 3)Be Prez, VPrez, JoSC, JoHC, AtG, AdvG + Only citizens have FDs ; Both citizen and friendly aliens = 14,20,21,21A,22,23,24,25,26,27,28; Only friendly aliens and not enemy aliens = 21,22
26)Constitution - (a) persons domiciled in India; (b) persons migrated from Pakistan; (c) persons migrated to Pakistan but later returned; and (d) persons of Indian origin residing outside India. ; Citizenship Act 1955 - birth, descent, registration, naturalisation, incorporation of territory + renunciation, termination, deprivation
27)Disc between citizen rights in India - Art 15 (state can provide special benefits or give preference to its residents) + Art 16 (Parliament has prescribed residential qualification only for appointment to non-Gazetted posts in AP and TL) + Art 19 (right of outsiders to enter, reside and settle in tribal areas is restricted)
28)FD - (+) Educate on national vs antinational activities + role of citizens, Citizens-Conscious of duties, engagement in nation building - dignity, Judiciary- Determine constitutionality of laws wrt claims of violation of 14 and 19; (-) Disparity with FR, Vague, Non-Justiciable (moral precepts), Superflous (lack of confidence), Only citizens
29)(conscience, novel features, like instrument of instructions given to governors/governor generals under GOI 1935) = (Austin, Dr Ambedkar, Dr Ambedkar )
30)DPSP - (+) Seek to establish social and economic democracy, Enable continuation of policy under different governments, Fill gap of social and economic rights under Part III, State- instruments of instructions underlining basic principles of new socio economic order aimed to be established by Constitution, Judiciary- Determine constitutionality of laws wrt claims of violation of 14 and 19, Opposition parties, citizens, contesting parties manifestos-yardstick to gauge worth/performance (-) Disparity with FR, Vague, Non-Justiciable (moral precepts), Illogically arranged, Too conservative, introduce constitutional conflict b/w 1)Prez and PM 2)Gov and CM 3)GoI and GoS
31)Champakam Dorairajan case (1951) (FR>DPSP but FR amendable => FR amended to implement DPSPs in 1st CAA, 4th CAA and 17th CAA) + Golaknath case 1967 (FR not amendable => Stating FR can be amended and JR cannot invalidate amendments on grounds of contravention of any DPSP {Art 31C} in 24th CAA, 25th CAA and 42th CAA) + Minerva Mills case 1980 (Constitution is founded on bedrock of balance between FR and DPSP, goals of DPSP must be achieved without violating FR, however 14 and 19 are subordinate to 39 b and c) => 31 abolished by 44th CAA
32)Shakari Prasad case (1951) (13 applies to ordinary laws so FR can be amended; 31 abolition upheld) + Golaknath + KSB case 1974 => FR can be amended but without affecting basic structure of constitution............ Indira Gandhi Nehru case 1975 (PM and Speaker election outside JR in 39th CAA) => Beyond constituent power of P under A368 => No limitations on power of P under A368 and CAAs cannot be invalidated as unconstitutional on any ground in court in 42nd CAA + Minerva Mills Case