KLSU NOTES LLB Repeated QUESTIONS, Summaries of Constitutional Law

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CONSTITUTION LAW-I

3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW

UNIVERSITY

MOST IMPORTANT PREVIOUS YEAR QUESTIONS

ALONG WITH ANSWERS

By

ANIL KUMAR K T

Mob: 9584416446

Karnataka State law university 3 and 5 Years LLB.

ANIL KUMAR K T LLB COACH

Constitution Law-I

Most important questions (Pattern of 10 and 6 marks)

1. Define constitution? Explain the kinds of constitution.
2. Preamble meaning, importance, objectives and values enriched the preamble.
3. Is the preamble is a part of the constitution explain?
4. Write a note on constitutionalism.
5. Explain Salient features of Indian constitution?
6. Explain the modes acquisition of citizenship.
7. Define state under article 12.
8. Explain pre constitution and post constitution laws.
9. Explain doctrine of severability and doctrine of eclipse. 10.Explain judicial review under article 13. 11.Explain general equality clause under article 14. 12.Explain judicial interpretation on equality. 13.Explain equal opportunity reservation under article 16. 14.Explain constitutional provisions on untouchability under article 17.
10. Write a note on freedom of speech and expression. 16.Write a note on freedom of assembly.
11. Explain freedom of association, freedom of movement and freedom of residence. 18.Explain freedom of trade or business on reasonable restrictions. 19.Explain Expost facto law – double jeopardy. 20.Write a note on self-incrimination under article 20. 21.Explain the rights of arrested person. 22.Explain preventive detection laws under article 22.
12. Explain freedom of religion enriched Indian constitution. 24.Write a note on judicial interpretation. 25.Explain restrictions on freedom of religion. 26.Explain constitutional and educational rights of minorities. 27.Explain various kinds of writs?

1.Define constitution? Explain the kinds of constitution. Introduction: T he basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it. A written instrument embodying the rules of a political or social organization. Definition: The Oxford English Dictionary defines a constitution as "a body of fundamental principles or established precedents according to which a state or organisation is governed". The Collins dictionary says a constitution consists of "the fundamental principles on which a state is governed, especially when considered as embodying the rights of subjects". Types of Constitution

1. Written and unwritten constitution An unwritten constitution is a type of constitution that is not contained in one single document. This type of constitution is partially written and partly oral. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. The British constitution is the best example of an unwritten constitution. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. Although it can actually be amended when found necessary. 2. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament.

On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. The enactment or amendment of an ordinary law is usually by simple majority vote in the relevant parliament that has authority to make or amend such law. However, the procedure for amending a rigid constitution may include a two third majority vote of members of the central government legislature, as well as a two-third majority vote in two-third of the state legislatures in such country, and sometimes ratification by the people in a referendum and so forth.

3. Unitary and Federal Constitution A unitary constitution one of the types of constitution which provides that governmental powers should be concentrated on the single central government, which does not share powers with other body in the country, but delegates powers to regional, local government and other subordinate bodies. Put in a different way, in a unitary constitution, all government powers are concentrated in the central or national government as the only source of authority from which powers emanates. A country operating a unitary system of government usually adopts a unitary constitution. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. On the other hand, a federal system of government is an association of free states where power is constitutionally shared to the federal, state and local councils, and with each tier of government exercising its constitutionally assigned powers and functions. 4. Democratic constitution The word “ democracy ” is derived from a combination of two Greek words “ Demos ” meaning people, and “ kratia ” meaning “rule” or “ government “. Democracy is a government of the people, who participate in government either directly, or through representatives. A true democratic government must be a government made up of the generality or representatives of the people. It must also be a government formed and installed by the people.

o Nature of Indian State o Statement of its objectives o Date of its adoption History of the Preamble to Indian Constitution ▪ The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947. ▪ Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous. Components of Preamble ▪ It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India. ▪ Preamble declares India to be a sovereign, socialist, secular and democratic republic. ▪ The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation. ▪ The date is mentioned in the preamble when it was adopted i.e. November 26, 1949. Key words in the Preamble ▪ We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power. ▪ Sovereign: The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations. ▪ Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side.

o It was added in the Preamble by 42nd^ Amendment, 1976. ▪ Secular: The term means that all the religions in India get equal respect, protection and support from the state. o It was incorporated in the Preamble by 42 nd^ Constitutional Amendment, 1976. ▪ Democratic: The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election. ▪ Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state. The factors which help in achieving this objective are: o Justice: It is necessary to maintain order in society that is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It comprises three elements, which is social, economic, and political.

• Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.
• Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.
• Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities. o Equality: The term ‘Equality’ means no section of society has any special privileges and all the people have given

o Through the Berubari case , the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law. ▪ Kesavananda Bharati Case: In this case , for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that: o The Preamble of the Constitution will now be considered as part of the Constitution. o The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution. o So, it can be concluded that preamble is part of the introductory part of the Constitution. ▪ In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India. 3.Is the preamble is a part of the constitution explain? Amendment of the Preamble 42 nd^ Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution. o As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended. o As of now, the preamble is only amended once through the 42 nd^ Amendment Act, 1976. The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd^ Amendment Act, 1976.

o ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’. o ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’. The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the following two cases. o Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges. o Through the Berubari case , the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law. ▪ Kesavananda Bharati Case: In this case , for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that: o The Preamble of the Constitution will now be considered as part of the Constitution. o The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution. o So, it can be concluded that preamble is part of the introductory part of the Constitution. In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India. 4.Write a note on constitutionalism.

India has several salient features that distinguish it from constitution of other countries Some of its salient features are mentioned below: Lengthiest written constitution

• Constitution can be classified into written constitution such as that of America or unwritten constitution such as that UK.
• The constitution of India is a written constitution which happens to be the lengthiest written constitution in the world.
• It is comprehensive, elaborate and a detailed document
• The factors that have contributed to this phenomenon are: geographical factors (vastness of country and diversity), Historical factors (Influence of GoI, 1935), Single constitution for both centre and state and dominance of legal luminaries Drawn from various sources
• It has borrowed most of its provisions from the constitution of various other countries as well as from the Government of India act,

1935. Ex: structural part from GoI, 1935, independence of judiciary from USA, Fundamental Rights from USA etc

• Though it is borrowed, the Indian constitution-makers made sure the borrowed features were made suitable to Indian conditions. Ex : Though we borrowed cabinet form of governance from UK, the cabinet is not all-supreme as in the case of UK. Preamble of the constitution
• The Preamble consists of the ideals, objectives and basic principles of the Constitution.
• The salient features of the Constitution have developed directly and indirectly from these objectives which flow from the Preamble
• It asserts India to be a Sovereign Socialist Secular Democratic Republic and a welfare state committed to secure justice, liberty and equality for the people and for promoting fraternity, dignity the individual, and unity and integrity of the nation.
• The Preamble is the nature of Indian state and the objectives it is committed to secure for the people.

Democratic system

• The authority of the government rests upon the sovereignty of the people. The people enjoy equal political rights.
• Free fair and regular elections are held for electing governments India is a republic
• The Preamble declares India to be a Republic.
• India is not ruled by a monarch or a nominated head of state. India has an elected head of state (President of India) who wields power for a fixed term of 5 years.
• After every 5 years, the people of India indirectly elect their President. Union of states
• Article I of the Constitution declares, that “India that is Bharat is a Union of States.” Fundamental Rights and duties:
• The Constitution of India grants and guarantees Fundamental Rights to its citizens.
• The constitution of India confirms the basic principle that every individual is permitted to enjoy certain basic rights and part III of the Constitution deals with those rights which are known as fundamental right.
• The Six FR include- Right to Equality; Right to Freedom; Right Against Exploitation; Right to Freedom of Religion; Cultural and Educational Rights and Right to Constitutional Remedies (Art. 32).
• The fundamental rights are justiciable and are not absolute. Reasonable constraints can be imposed keeping in view the security-requirements of the state.
• A new part IV (A) after the Directive Principles of State Policy was combined in the constitution by the 42nd Amendment, 1976 for fundamental duties. Directive Principles of State Policy:

• They are entitled to equal rights and freedoms, and equal protection of the state. Integrated Judicial system
• The Constitution provides for a single integrated judicial system common for the Union and the states.
• The Supreme Court of India works at the apex level, High Courts at the state level and other courts work under the High Courts. Independent Judiciary
• It is necessary to secure the philosophical foundations of the rule of law and democracy
• Firstly, the Constitution makers created a separate Judiciary independent of Legislature and Executive.
• Secondly, the Constitution has ensured complete independence of Judiciary in the matters of administration and finances. Amending the Constitution of India:
• Amending the Constitution of India is the procedure of making modifications to the nation’s fundamental law or supreme law.
• The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India.
• This procedure guarantees the sanctity of the Constitution of India and keeps a check on uninformed power of the Parliament of India. Judicial Review:
• The judiciary has significant position in Indian Constitution and it is also made independent of the legislature and the executive.
• The Supreme Court of India stands at the peak of single integrated judicial system
• It operates as defender of fundamental rights of Indian citizens and guardian of the Constitution. Basic Structure doctrine:

• The basic structure doctrine is an Indian judicial norm that the Constitution of India has certain basic features that cannot be changed or destroyed through amendments by the parliament.
• The basic features of the Constitution have not been openly defined by the Judiciary.
• At least, 20 features have been described as “basic” or “essential” by the Courts in numerous cases, and have been incorporated in the basic structure.
• In Indira Gandhi v. Raj Narayan case and also in the Minerva Mills case, it was witnessed that the claim of any particular feature of the Constitution to be a “basic” feature would be determined by the Court in each case that comes before it. Secularism
• In no other country of the world so many religions co-exist as in India. In view of such diversity the Constitution guarantees complete freedom of religion to all.
• The citizens of our country are free to follow any religion and they enjoy equal rights without any distinction of caste, creed, religion or sex.
• The State does not discriminate against anyone on the ground of his religion, nor can the State compel anybody to pay taxes for the support of any particular religion.
• Everybody is equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
• The Constitution regards religion as a private affair of individuals and prohibits the State from interfering with it. The Constitution also grants various cultural rights to minorities. Independent bodies
• Constitution has setup various independent bodies and vested them with powers to ensure the constitutional provisions. Ex: Election Commission, CAG, Finance Commission
• These institutions have been provided with security of tenure, fixed service conditions etc to ensure that they are not susceptible to the whims of either the legislature or the executive. Emergency provisions

4. By Registration 5. By Naturalization 1. By Birth 1. If a person is born in the territory of India, he shall be a citizen of India. 2. A person born on or after 26 January 1950 but before 1 July 1987, irrespective of the citizenship of parents. It is called jus soli (right of soil). 3. A person born on or after 1 July 1987 but before 3 December 2004. Either of the parents of the person born should be a citizen of India at the time of birth. It is called jus sanguins (right of blood or descent). Citizenship is granted to a person on the basis of the Indian nationality of any of the parents, immaterial of the fact that at which place the child took birth. 4. A person born on or after 3 December 2004. Both the parents of the child born should be a citizen of India at the time of birth. 5. A person shall not acquire citizenship of India if any of his parents is envoy (foreign diplomat) or enemy alien or an illegal immigrant. 2. By Acquisition or Incorporation of Territory 1. If any territory or state becomes part of India, then the central government shall declare it as part of the Union of India by issuing official Gazette.

2. Many territories such as Goa, Sikkim, Puducherry, Daman and Diu became part of India, and their population became citizens of India. 3. By Descent 1. If a person is born outside India on or after 26 January 1950, but before 10 December 1992 will be considered as a citizen of India. But subject to the fact that his father must be a citizen of India at the time of birth. 2. If a person born on or after 10 December 1992 but before 3 December 2004, either of the parent (mother or father) must be having citizenship of India. After the Citizenship Amendment Act, 2003, the government passed an order stating that a child born shall not be Indian merely because of his descent. The government mandated compulsory registration within one year of birth. Its time can be extended by the government as per requirement. 4. By Registration 1. If a person is of Indian origin, who was ordinarily a resident of India for seven years before making an application for registration. 2. If a person is married to a person of Indian citizenship and is ordinarily residing in India for seven years before making the application for registration. 3. If a person is minor and parents are a citizen of India.