USHA JAGANATH LAW ACADEMY Registered office: No. 32, Narmadha Nathi Street, Mahatma Gandhi Nagar, Madurai - 625 014. Ph: 9994449004, 9994449001. Email: CONSTITUTIONAL LAW- 1 BY P, Jaganathan, MA., MBA., MMM., ML., (Contracts)., ML,(Admn., & Lab. Laws)., (Gold Medalist, & University Rank Holder in Law for dll the three years of Law degree Coursé) Usha Jaganathan,M.A., M.A., ML., J.P. Arjun, M.A., M.B.A., LL.M., AdvocatesCONSTITUTIONAL LAW- I (NEW BATCH) ‘EXAMINATION FOR DEC/JAN 2024 LL. ‘MOST IMPORTANT AND MOST EXPECTED CHAPTERS AND QUESTIONS -SIMPLE LANGUAGE ‘UNIVERSITY QUESTIONS 1. “Indian Constitution is neither Unitary nor Federal but a mixture of both”. Discuss. 2. Define “Federalism” and discuss how far this principle is applicable to Indian Constitution. 3. “The constitutional system of India is basically federal but of course, with striking unitary features” - Comment. Answer Constitution may be Unitary or Federal. ‘Under the Unitary Constitution the powers of the Government re centralised in one Government, generally the Central Government. (E.g., UK Constitution). In the Federal Constitution, there is a division of powers between the Central and the State Government and both are independent in their own spheres. (Bg.U.8.A Constitution). A. CHARACTERISTICS OF FEDERAL CONSTITUTION Federalism means dividing powers between the Central and Regional Governments.1. Suy Constitution: In federal Government, Constitution is supreme So all the executive, legislative and judicial powers of the Federal and Regional Government are under the control of the Constitution. 2. Written Constitution: A federal Constitution must be a written Constitution. 3. Rigid Constitution: A federal Constitution must be rigid. It means that the power of amending the Constitution must not be easy. 4. Distribution of Powers: The distribution of powers is an essential feature of federalism. 5, Independent Judiciary: For the existence of a federal system, legal supremacy is essential. 6. Bicameralism: ‘Two Houses should be present in the legislature at the Centre. B. INDIAN CONSTITUTION Indian constitution fulfils all federal characteristics with certain unitary provisions like emergency, appointment of governors by President etc., So Indian constitution is called quasi federal. Brie2. BASIC FEATURES AND SALIENT FEATURES OF THE INDIAN CONSTITUTION (Basic features of the constitution or Nature and characteristics of Indian constitution) 1. Indian Constitution is a lengthy constitution - Discuss. 2. What are the Basic features of the Indian constitution ? 3. Explain the Nature and characteristics of Indian constitution. Answer A. INTRODUCTION The 24th and 42nd Amendments and Golaknath vs St of Punjab, and Kesavananda Bharati vs St of Kerala describe the Basic Features of the Indian Constitution. B. BASIC FEATURES OF THE CONSTITUTION 1. Indian constitution is a borrowed constitution. It is the Jengthiest constitution. 2. India éonstitution is supreme. The legislature, the executive and the Judiciary are subordinate to Indian constitution. 3. Im Indian constitution, all religions are equal. Indian constitution is secular in nature. 4. In Indian constitution, there is separation of powers. The legislature enacts law. The executive enforces law. The judiciary prevents misuse of law. They are independent. 5. India has its own constitution and so India is called Republic10. 11, i: ‘There are two governments in India. There is Central government in Delhi headed by President and Prime Minister. There is State government in each State headed by Governor and Chief Minister. ‘There is Free and fair elections. C. SALIENT FEATURES OF THE CONSTITUTION At present, the Indian Constitution contains 448 articles in 25 parts and 12 schedules. It is a Sovereign, Democratic, Republic, Secular and Socialistic Government. ‘There is general election to the central parliament and state assemblies once in 5 years and sometimes in between the 5 year period. Rulers are elected by voting. So India is called a Democratic country. All persons of 18 years of age can vote in elections. ‘There are two governments namely central government and state government. So it is called federal government. All religions are equal. So it is called Secular constitution ‘There are Fundamental rights to every citizen of India. If any law is illegal, it is corrected by Judiciary. Constitution through Directive Principles of State Policy gives guidelines to rulers as how to rule India India has threat of war by enemy nations. To manage this, there is emergency provisions in the Indian constitution. ‘The articles in Indian constitution can be changed by amendments. The amendment is both rigid and flexible.12, There is Independent and impartial judiciary. Potrte 3. RIGHT TO EQUALITY (Art. 14) (CLASS LEGISLATION AND REASONABLE CLASSIFICATION) ‘UNIVERSITY QUESTIONS 1. Equatity before Law means all persons rich or poor, Hindu or Mustim - all are equal before law. 2. Equal Protection of Laws - means all equal persons must be treated equally. Answer Equality before Law and Equal Protection of Laws are known as “Rule of Law” in England and “Due Process Clause” in USA. I. EXAMPLES OF “NO VIOLATION OF EQUALITY” 1. If there is reasonable classification like for high mark students only medical college admission and not for low mark Students, then it is not violation of Equality. 2. Peopit th batkward areas can be favoured. 3. In between people and government, government can be favoufed. 4. Tax payment limits are Valid. 5. Special Courts and Special Procedure for high political Jeaders is valid. 6, Reservations for women backward classes, and SC& ST are valid.7 Division of Courts as Criminal and Civil - is valid. I. EXAMPLES OF “VIOLATION OF EQUALITY” Law on skin color, hair color.etc., is unreasonable classification. Awarding titles to persons like Sir, Bhahadur, etc.,is unreasonable classification. Arbitrary actions and decisions are unreasonable classification. If division is on religion, race, caste, sex or place of birth, it is invalid, If there is inequality in public employment , it is invalid. If Untouchability is practiced, it is invalid. If special titles are given only to some citizens, it is invalid. Nationalisation of banks by fixing limit of Rs 50 crores is invalid equality. II. NON APPLICABILITY OF EQUALITY In the following cases, equality doctrine is not applicable. No criminal proceeding can be initiated against the President or the governor. President cannot be arrested. MLAs and MPs cannot be arrested during Parliament and Assembly meetings.4. The diplomatic representatives cannot be arrested. Case laws 1 Vs Tendulkar ‘The Supreme Court held that there should be a reasonable nexus between the basis and object of a legislation. Only then, the legislation has reasonable classification and valid. Otherwise it is class legislation and invalid. 2. Bank Nationalisation Case ‘The Supreme Court held that fixing a capital amount of 50 crores and above as money limit for nationalisation of banks is class legislation and invalid. 3. Privy Purse Abolition Case ‘The Supreme Court held that the legislation abolishing pension called Privy Purse paid to Ex rulers of private samasthanams by Indian government was a class legislation and hence invalid. ‘MODEL QUESTIONS 1. Explain Freedom of speech citing case laws. 2. Freedom of speech is not absolute freedom. Discuss. 3, Write short note-Freedom of speech Answer A. FREEDOM OF SPEECH Freedom of speech means the right to express one’s own opinions freely, (by words, printing etc).s It also includes publication of ideas in writing. B. FREEDOM OF PRESS 1. It is printing of any matter without any licence. One can print whatever he likes without any prior permission. This freedom extends to newspapers, pamphlets, etc., 2, The freedom of speech, expression and press are fundamental rights and so any violation of this freedom is totally invalid. Newyork Times Case and K.A. Abbas Vs. Union of India, ‘The Supreme court held that freedom of speech cannot be violated. C. RESTRICTIONS IN FREEDOM OF SPEECH 1, Security of State ‘There is no freedom of speech in rebellion( people’s fight against government), waging war, etc., 2. Friendly Relation with tes If Freedom of speech affects the good relations of India with friendly States, then it is not allowed. 3. Public Order The freedom of speech should not affect the public safety, communal safety, peace among workmen, etc. 4. Decency or Morality Freedom of speech should not be obscene acts, singing obscene songs etc.5. Contempt of Court Freedom of Speech is not allowed, if it lowers the reputation of the judge of a Court. 6. Defamation Freedom of speech should not be used to defame others. 7. Incitement of an Offence Freedom of speech should not encourage commission of offences. 8. Inte \d Soverei of Freedom of speech should not affect the integrity (unityjand sovereignty of India. 9. Sedition le to hate the government) Free speech should not bring the Government into hatred with the public. Polrte MODEL QUESTIONS 1. “No person shall be deprived of his life or personal liberty except according to procedure established by Law”, Comment. 2. Explain the term “Personal Liberty”. How is it protected under the Indian Constitution? 3. Short Note on: Deprivation of personal liberty under the Constitution of India.u Answer ‘Every person has a right to his life and personal liberty. It can be taken away only by Law”. ‘This right of life and personal liberty is available to citizens and non citizens. Right to life and right to Liberty has the following rights - 1. Every person has the right to travel to foreign countries. Menaka Gandhi Vs Passport officer ‘The Supreme Court held that banning a person from travelling abroad is taking away his personal liberty and hence illegal. 2. Every person has the Right to live in a clean and healthy environment, right to food, right to water, right to education, and right to medical care. 3. The right to privacy, family, home, ete., 4. ‘The right to legal aid. 5. The right to speedy trial. 6. The right against handcuffing and Public Hanging. 7. The right against delayed hanging. 8. The Right to Die. 9. The right against police violence. 10, The right to medical assistance.B. PERSONAL LIBERTY It is liberty from illegal arrest and imprisonment. K. Basu Vs Union of India ‘The Supreme Court laid down rules for arrest of persons accused of any offence D. SUSPENSION OF PERSONAL LIBERTY Even during emergency, the right to life and right to personal liberty cannot be suspended. ie 6. SAFEGUARDS AGAINST ARBITRARY ARREST AND DETENTION (Art. 22) UNIVERSITY QUESTIONS 1. Is Preventive Detention violative of fundamental rights? Discuss. 2. What are the Constitutional safeguards available to a person against arbitrary arrest and detention? 3. Write a short note on scope of preventive detention in India. 4. Write a Short Note on: Fundamental rights of a detenue. Answer ‘There are Two types of arrests - A. PERSONS ARRESTED UNDER ORDINARY LAW OF CRIMES Article 22 clause (1) and (2) guarantee four rights to arrested persons.B 1, _ Right to be informed of the grounds of arrest. 2. Right to be defended his own lawyer. 3. Produced before the Magistrate within 24 hours of his arrest. 4. Cannot be detained for more than 24 hours, except under judicial custody. B. PERSONS DETAINED UNDER ‘PREVENTIVE DETENTION’ (ART. 22 CLAUSE, (3) (4) (5) & (6)) Safeguards to a person arrested under Preventive Detention Law: 1, Review by Advisory Board: [Article 22 Clause (4)] After 44th Amendment, maximum period of detention without obtaining the opinion of Advisory Board is 2 months. 2 ication of grouns tention: [Art 22 (5) a, Informed of the reasons for his arrest. b. Grounds of detention - to be clear and easily understandable. ¢. Detenue understands the grounds of his arrest. 3. Right of representation a. Opportunity to representation. b. Government -to consider the representation early. Prtonte7. DIRECTIVE PRINCIPLES OF STATE POLICY AND ITS RELATION WITH FUNDAMENTAL RIGHTS (Art. 36 to 51) UNIVERSITY QUESTIONS 1. What is meant by Directive Principles of State Policy? Discuss their scope under the Constitution? 2. “The sanction behind the Directive Principles of State policy is political and not judicial” comment. Answer DPSP are the guidelines given by the Constitution to the elected rulers about the areas to be developed in our Country. It is a guideline for rivulets as to how to govern the country. It tries to secure social, economic and political justice to all people. I. ECONOMIC JUSTICE 1, Equal right to men and women 2. Prevent concentration of wealth. 3. Equal pay for équal Work. 4. Protect health of workers. 5. Prevent child labour. 6. Prevent exploitation of childhood. 7. Get Free legal aid.9. 10. 5 SOCIAL JUSTICE Workers’ participation in management. Employment & Education to people. Assistance for unemployment, old age, sickness and disablement. Maternity relief. Minimum wage to workers. Rest hours, social and cultural chances to workers. Free and compulsory education upto 14 years of age. Raise the level of nutrition and health. Prohibit liquors. Special rights for SC and ST. Il. SECURING COMMUNITY WELFARE STATE Uniform Civil Code. Preventing killing of cows and calves for beef. Protect Forests and wildlife. Protect building s of historic interest. Separation of judiciary from executive. International peace, honourable relations, settlement of international disputes by arbitration.DPSP Which will prevail? After 42nd Amendment in 1976, DPSP prevails over fundamental rights. Keshavananda Bharathi In this case, the Supreme Court held that DPSP will prevail over fundamental rights Porte 8. WRITS (Habeas Corpus, Mandamus, Quo Warranto, Certiorari, Prohibition) | UNIVERSITY QUESTIONS 1. Explain writs and what are its types? | 2. Explain the constitutional remedies against misuse of powers by administrative authority. 3. Write short note on : 1. Writ of quo warranto | 2. Writ of mandamus | 3. Writ of certiorari 4. Writ of prohibition 5. Writ of habeas corpus Answer Writs are remedies available to the affected persons against the misuse of powers by administrative authorities. ‘The writs are issued by the Supreme Court (Art 32) and High Courts (Art 226).” The writs are Habeas Corpus, mandamus, Certiorari, Prohibition and Quo Warranto. 1. WRIT OF HABEAS CORPUS ‘This writ is for bringing a missing person to the court. It provides remedy for a person who is arrested illegally by Police and he is missing. ‘This writ prevents illegal arrest made by police. ‘This writ is helpful to immediately release a person from Jail. ‘This right cannot be suspended even during emergency. Il. WRIT OF MANDAMUS ‘Mandamus’ means an order or command. It is an order of @ Court directing a public ( government) authority to do or not do a public duty. For e.g., if an applicant for a driving licence has got all the eligibility, then the Court may order the licensing authority to give a licence. ‘This writ is not given against private persons. ‘The Writ of mandamus is a very effective remedy to the affected citizens. III. WRIT OF CERTIORARI ‘The writ of certiorari is an important writ for quashing( invalid) lower Court's judgements, orders etc., for hearing cases without jurisdiction or illegal jurisdiction or for mistakes in the judgement.IV. WRIT OF PROHIBITION ‘The writ of Prohibition is an order by the Superior Court (Supreme Court or High Court) to inferior Courts and Tribunals to stop further hearing of a case. ‘This writ prevents the inferior Court from continuing the case further. V. WRIT OF QUO WARRANTO Here, if a person is holding a public post illegally, the court will remove the person from the post. When any private person wrongfully holds an office, the writ is issued to prevent it. rite MOST IMPORTANT AND MOST EXPECTED SHORT NOTES - SIMPLE LANGUAGE SHORT NOTE NO -1 PREAMBLE Preambie describes the purposes and ideals of the Constitution. Preamble is Important for the interpretation of Constitution. After 42nd amendment Preamble reads - “We, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and secure to alll its citizens - 1. Justice, Social, Economic and Political. 2. Liberty of thought, expression, belief, faith and worship.8 3. Equality of status and of opportunity, and to promote among them all. 4. Fraternity, assuring the dignity of individual and unity and integrity (unity) OBJECTIVES OF THE PREAMBLE a. Jus ‘Three-fold - social, economical and political. i, Social Justice Equality, prevention of exploitation of children, special provisions for backward classes, Scheduled castes and Scheduled Tribes. ii, Economical Justice Equal right to work & equal pay for equal work. iii, Political Justice Universal Adult Suffrage, equal opportunity in matters of Public employments, representation of Muslim minority, Anglo Indian minority in political offices, ete. b. Liberty Prevents arbitrary arrest of persons and asserts personal liberty. ©. Equality Equality of status and equality of opportunity. no discrimination on grounds of religion, caste, ete.