Showing posts with label 0601. Show all posts
Showing posts with label 0601. Show all posts
Saturday, 12 November 2022
Saturday, 1 October 2022
LC 0601 Constitutional Law II : One Day Law Revision
Constitutional Law II : One Day Law Revision : Short Notes for all Modules
Module 1 : Making of the constitution
https://www.youtube.com/watch?v=T9TZDo7LnZA
Module 2
https://www.youtube.com/watch?v=GSyQtiAS5Zo&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=2
https://www.youtube.com/watch?v=2pQOyHGOW6M
https://www.youtube.com/watch?v=E5YXaJr8ZY8&t=43s
Module 3
https://www.youtube.com/watch?v=fimxgn0nKO8&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=1
https://www.youtube.com/watch?=GSyQtiAS5Zo&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=2
Article 12 and 13
https://www.youtube.com/watch?=v8FFjtBOovqg&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=17
Article 14 to 18
https://www.youtube.com/watch?v=PdutVKNl8QM&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=16
Article 19
https://www.youtube.com/watch?v=y0m8pBEJBEo&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=15
Article 20 to 22
https://www.youtube.com/watch?v=iIfc1u3GM9I&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=14
Article 23 and 24
https://www.youtube.com/watch?v=yZWU89EeC2Q&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=13
Article 25 to 28
https://www.youtube.com/watch?v=Y7LISwQ4Y4g&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=12
Article 29 and 30
https://www.youtube.com/watch?v=mxASs8p2e1o&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=11
Article 32 to 35
https://www.youtube.com/watch?v=xVczkIC3Ppw&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=10
Article 36 to 51
https://www.youtube.com/watch?v=jhRhR7lwlcw&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=9
Article 368
https://www.youtube.com/watch?v=TygomG5QJmk&list=UUdO6e6lXhguAWJ1QhCWZM9Q&index=8
https://www.youtube.com/watch?v=2pQOyHGOW6M&t=1430s
https://www.youtube.com/watch?v=sY-L9m_lwTU
https://www.youtube.com/watch?v=sY-L9m_lwTU&list=UUdO6e6lXhguAWJ1Qh
Preamble
Preamble
Idea came from : USA
Language : Australia
Introduction or Preface of Indian Constitution
NA Palkhiwala Called it as Preamble "Identity card of Indian Constitution"
Based on the objective resolution moved by Pandit Jawahar Lal Nehru.
Amended only once , added 03 words by 42nd constituent assembly in 1976
- Socialist
- Secular
- Integrity
- The Idea of Justice , Social , Economic or Political taken from Russian Revolution
- The Idea of Fraternity , Equality and Liberty taken from French Revolution
Amenability of Preamble : Article 368 : Keshavanand Bharati Case (1973)
Supreme court held that "Preamble is part of Constitution and can be amended Subject to the basic structure remains in tact, i.e. Basic Features / Structure of the Constitution cannot be changed.
Constituent Assembly in India and framing of the Constitution
Constituent Assembly in India and framing of the Constitution
First meeting held of 09 Dec 1946
Muslim League was not present : 206 / 297 were present.
Interim President : Sachidanand Sinha
Permanent President : Dr. Rajendra Prasad (Dec 11)
13 Dec 1946 : Pandit Jawahar Nehru - Given Objective was called later as Preamble
Muslim League met at Karachi 31 Jan 1947 and release not to join Indian Constituent Assembly
Situation became delicate
S
The Indian Independence Act, 1947
The Indian Independence Act, 1947
All Parties accepted the Mount Batten Plan
Two Commissions : Chairman of both - Sir Cyril Reddiffe
To see through the partition and fix the international boundaries of the nations to be
India : 552 small and Big States
Governor General of India : Sir Lord Mount Batten
Prime Minister : Pandit Jawaharlal Nehru
Home Minister : Sardar Vallabh Bhai Patel
Instrument of Accession - Goa - Portuguese , Pondicherry - French
J&K , Junagarh , Hyderabad - > Independent State
Pakistan
Governor General of Pakistan : Mohammad Ali Jinnah
Prime Minister : Liaquat Ali Khan
The Mountbatten Plan, 1947
The Mountbatten Plan, 1947
The Lord Mountbatten plan 03 Jun 1947. Solution of Indian Political Problems
India : India + Pakistan
- Bengal + Punjab : Partition
- North west frontier Province , Syshet District of Assam -Referendum
- Sindh and Baluchistan - Legislative Assembly
Pakistan
- Separate Constituent Assembly
- Liberty to Join either India or Pakistan or to be independent
The Cabinet Mission Plan, 1946
The Cabinet Mission Plan, 1946
Clement Atlee Sent the Cabinet Mission comprising of 03 Committee members
- Sir Stafford Crips
- AV Alexzender
- Lord Pethick Lawarence
- The aim was to find out the way how to transfer the power peacefully
Provisions
- Rejected the demand for Pakistan
- 3 Groups of Provisions : Group A , Group B , Group C
- Elections - 01 Seat for 01 Million population
The Cripps’ offer of 1942
Birtish Government Sent Crips Mission in March 1942. Led by Sir Stafford Crips
Why Was Crips Mission Sent
- Because of reverses faced by Britishers in World war (were loosing in South East Asia) ,
- Japan reached very nearer to India and Indian Co-operation was required to Britishers
- Pressure on Britain from Allies USA, USSR, China (In Second World War in favor to get Indian Co-operation)
- Indians were demanding : Immediate power should be transferred
Main Proposals
- Dominion Status
- After the end of war , Constituent Assembly
Different from Past Proposals
- Now Solely in India Hands
- Earlier Mainly - The making of Constitution
Why Crips Mission failed
- Various parties had objection to the proposals on different points
Congress Objection
- No Dominion status but Full Independence
- Absence of any plan for immediate transfer of powers
Muslim League
- Criticized the Idea of Single Indian Union rather were in creation of Pakistan as separate country
Mahatma Gandhiji
- Termed this scheme as a post dated cheque
Sunday, 25 September 2022
Saturday, 2 July 2022
LC 0601 Demand for a Constitution framed by a Constituent Assembly
Demand for a Constitution framed by a Constituent Assembly
Whenever we learn the India polity, we always tend to see the Indian Constituent Assembly
1934 MN Roy the pioneer of Communist movement of India put forward the demand of Constituent Assembly for India for the first time
1938 On be half Indian National Congress, Jawaharlal Neharu declared that Constituent Assembly of Free India must be framed without outside interference, by Constituent Assembly elected on the basis of Adult Franchise
1940 The demand was finally accepted in the principle by the British Government in what is know as 'August Offer' of 1940
1944 Sir Stafford Cripps, a member of the Cabinet, Came to India with a draft proposal of British Government of the framing of Independent Constitution to be adopted after World War II
This proposal was refused and rejected by Muslim because they were demanding Autonomous two states with two separate constituent assembly
Saturday, 11 June 2022
Syllabus LC 0601 Constitutional Law I
|
Module 01 |
Making of
the Constitution : 1.
Demand for a Constitution framed by a
Constituent Assembly 3.
The Wavell Plan of 1945 4.
The Cabinet Mission Plan, 1946 6.
The Indian Independence Act, 1947 7.
Constituent Assembly in India and framing of
the Constitution: a)
Formation of the Constituent Assembly of India
b) The
issues before the Constituent Assembly c)
Passing of the Constitution d) Dr.
Ambedkar’s warning and anxiety about the working of the Constitution e)
Date of Commencement of the Constitution |
|
Module 02 |
Basic Concepts, Preamble, Territory of India and Citizenship : |
Basic Concepts under the Constitutional Law :
1. Concepts
of Constitutional Law and Constitutionalism
2. Forms
and characters of various models of Constitution 3. Salient features of
the Constitution of India Preamble to
the Constitution of India :
1. Meaning
of the Preamble
2. Object,
Purpose and Scope of the Preamble
3. Contents
of the Preamble
4. Utility
of Preamble in interpretation of the Constitution
5. Whether
Preamble is part of the Constitution?
Union and its Territory (Articles 1 to 4) :
Citizenship of India :
1. Constitutional Provisions (Articles 5 to
11) :
a) Importance
of Citizenship under the Constitution of India
b) Citizens
by Domicile
|
|
c)
Citizens by Migration d) Citizens
by Registration e)
Termination of Citizenship f)
Dual Citizenship 2. The Citizenship Act, 1955 : a)
Introduction, Objects and Reasons of the Act b) Citizenship
by Birth c)
Citizenship by Descent d) Citizenship
by Registration e)
Citizenship by Naturalisation f)
Citizenship by Incorporation of territory g) Cessation
of Citizenship h) Deprivation
of Citizenship i)
Expulsion of Foreigner |
|
Module 03 |
General Principles
Relating to Fundamental Rights (Articles 12 and 13) : 1.
Concept of Fundamental Rights – Their Origin
and Development 2.
History of the demand for Fundamental Rights
in India 3.
Justiciability of Fundamental Rights - a)
Laws inconsistent with fundamental rights b) Unconstitutionality
of Statute c)
Doctrine of Eclipse d) Doctrine
of Severability e)
Waiver of Fundamental Rights 4.
Concept of State and its Importance 5.
Concept of Law and Law in force 6.
Whether the Constitution Amendment Act is law
under Article 13? |
|
Module 04 |
Right to Equality
(Articles 14 to 18) : 1.
Equality before law and Equal protection of
Law 2.
Permission of Reasonable Classification but prohibition of Class legislation 3.
Article 14 Strikes at Arbitrariness 4.
Prohibition of discrimination against citizens
5.
Right to Access to Public Places 6.
Special provisions for women and children 7.
Special provisions for Backward Classes 8.
Equality of Opportunity in Matters of Public
Employment 9.
Requirement as to Residence in State 10. Reservation
of Posts for Backward Classes 11. Reservations
in Promotion 12. Carry
Forward of Reserved Vacancies 13. Percentage
of Reservation - Rule of rounding up 14. Abolition
of Untouchability 15. Abolition
of Titles |
|
Module 05 |
Right to Freedom
I (Article 19) : |
|
|
1.
Freedom of Speech and Expression and
Reasonable Restrictions on it 2.
Freedom of Assembly and Reasonable
Restrictions on it 3.
Freedom to form Association or Union and
Reasonable Restrictions on it 4.
Freedom of Movement and Reasonable
Restrictions on it 5.
Freedom of Residence and Settlement and
Reasonable Restrictions on it 6.
Freedom of Profession, Occupation, Trade and
Business and Reasonable Restrictions on it 7.
Right to Property - a)
Pre- 1978 Position - Article 19(f) and 19(5);
Eminent Domain; Article 31; Inter-relation of Article 31, Article 14 and Article
19(1)(f) b) Present
Position - Article 31 A, Article 31 B, Article 31 C, Article 300 A |
|
Module 06 |
Right to Freedom II
(Articles 20 to 22) : 1.
Protection in Respect of Conviction for
offences - a)
Protection against Ex-post Facto Law b) Guarantee
against Double Jeopardy c)
Privilege against Self-Incrimination 2.
Protection of Right to Life and Personal
Liberty - a)
A. K. Gopalan to Maneka Gandhi b) Relationship
between Articles 19, 21 and 22 c)
Due Process of Law d) Extended
view in post Maneka Gandhi period 3.
Right to Education - Evolution and Importance 4.
Protection against Arrest and Detention - a)
Protection against Arrest b) Protection
against Preventive Detention c)
Laws Authorising Preventive Detention |
|
Module 07 |
Right against
Exploitation (Articles 23 and 24) : 1.
Traffic in Human Beings 2.
Begar and Similar forms of Forced Labours 3.
Compulsory Services for Public Purpose 4.
Prohibition of Employment of Children |
|
Module 08 |
Right to Freedom of
Religion (Articles 25 to 28) : 1.
Concept of Secularism 2.
Freedom of Conscience and right to Profess or
Practice and Propagate religion 3.
Freedom of Religion of Religious Denomination 4.
Freedom from Paying of Taxes for Promotion of
any Religion 5.
Annual Payment to certain Devasworm Funds
(Article 290A) 6.
Prohibition of Religious Instructions in
Educational Institutions |
|
Module 09 |
Cultural and
Educational Rights (Articles 29 to 30) : 1.
Concept of Minority 2.
Protection of Interest of Minorities 3.
Right of a Minority to Establish Educational
Institution |
|
|
4. Regulation of Minority Educational
Institution |
|
Module 10 |
Right to
Constitutional Remedies (Articles 32 to 35) : 1.
Enforcement of Fundamental Rights 2.
Procedure in Enforcement of Fundamental Rights
3.
Power to issue Writs, Directions or Orders –
Types of Writs 4.
Comparison between Article 32 and Article 226 5.
Public Interest Litigation 6.
Fundamental Rights during Emergency 7.
Power of Parliament to Modify Fundamental
Rights with respect to some Forces 8.
Fundamental Rights during operation of Martial
Law 9.
Legislation to give effect to Fundamental
Rights |
|
Module 11 |
Directive Principles of State Policy
(Articles 36 to 51) and Fundamental Duties (Article 51A) : 1.
Nature and Importance of Directive Principles 2.
Inter-relationship between Fundamental Rights
and Directive Principles. 3.
Directive Principles of State Policy 4.
Fundamental Duties – Nature and Importance |
|
Module 12 |
Amendment of the
Constitution (Article 368) : 1.
Power and Procedure of Amendment 2.
Amendment / Change by Simple Majority 3.
Amendment by Special Majority 4.
Amendment by Special Majority with
Ratification by Majority of States 5.
Amendment of Fundamental Rights 6.
Basic Structure Doctrine |
Recommended Readings:
1. M.
P. Jain, Indian Constitutional Law,
LexisNexis (2015).
2. D.D.
Basu, Constitutional Law of India,
LexisNexis (2013).
3. Narendra
Kumar, Constitutional Law of India,
Allahabad Law Agency (2015).
4. H.
M. Seervi, Constitutional Law of India,
N.M. Tripathi.
5. Arvind
Datar, Commentary on Constitution of
India (3 Vols), LexisNexis (2010).
6. Sathya
Narayan (Ed), Selected Work of S.P. Sathe
(3 Vols), Oxford University Press (2015).
7. M.P.
Singh, V.N. Shukla’s Constitution of
India, Eastern Book Company, (2013).
8. Sujit
Chaudhry, Madhav Khosala and Pratap Bhanu Mehta, The Oxford Handbook of the Indian Constitution, Oxford University
Press.
9. Granville
Austin, Working of a Democratic
Constitution- The Indian Experience, Oxford University Press.
10. Gautam
Bhatia, The Transformative Constitution:
A Radical Biography in Nine Acts, Harper Collins Publication, India. 2019.
11. Madhav
Khosala, The Indian Constitution
(Oxford India Short Introductions), Oxford University Press, 2012.
12. Sudhir
Krishnaswamy, Democracy and Constitutionalism
in India – A Study of the Basic Structure Doctrine, Oxford University
Press.
13. S.B.
Shiva Rao, The Framing of the Indian
Constitution, Vols. I and V, the Indian Institute of Public Administration,
New Delhi (1966).
H.R. Khanna, Making of India’s Constitution, Eastern Book Co., Lucknow.
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