Tag Archives: constitution

5 provisions under which Parliament can legislate on a subject.

There are 5 provisions under which Parliament can legislate on a subject included in state list: Article 249  if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter

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Purpose and functions of a Constitution:

 • Lays out certain ideals that form the basis of the kind of country that we as citizens aspire to live in. • Defines the nature of a country’s political system; plays a crucial role in laying out certain important guidelines that govern decision-making within these societies. • Provides a set of basic rules that allow for minimal coordination amongst

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Right against Exploitation 

Right against Exploitation Art 23: Forced labor/ Traffic  No forced labor – slavery – servitude No trafficking State can force for public interest conscription punishable Art 24: Child labor  Punishable < 14 – no hazardous and non hazardous regulated by state The government had brought a new law to govern child labour, known as the Child Labour (Prohibition and Regulation)

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Right to Freedom 

Right to Freedom Art 19(1) – Democratic rights Speech and expression  Art 19(1)(a) and Art 21 – inalienable disjunct Express your view, right to listen, any communicable medium Express others view Right to know Press freedom Elect/reject candidate based on informed choices Dissent – criticize govt ITA 2000 – Sec 66A – chilling effect Defamation – criminal and civil offense

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Right to Freedom of religion

Right to Freedom of religion Art 25:  P3 -Profess,Practice,Propagate Conscience – inner freedom Profess -declare openly Practice – rituals and use signs Propagate – spread but not force Opinion & belief – no state interference Conduct & practice – state can Art 26: Religious denomination  Est. institutions for religion and charity Manage its affairs Right to property Administer its property State can take over with

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Right to equality  

Right to equality   Art 14 : Law  Equal before law   Negative English const Absence of any privileges Law is supreme authority – govt subjected to law Art 361 (exception for president and governor) Dicey No punishment unless law violated Every one equal before law without discrimination Law is the superior – const is superior in India From Rex Lex to

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Cultural and Educational Rights 

Cultural and Educational Rights Art 29: Minorities interest  Protect identity Unity in diversity Majority and minority State can’t deny admission in edu on grounds of religion, race, caste or language  Art 30: Minority education  Linguistics and religious minorities Can have schools of their own – state and ntl recognition BC not part of minority Right to property – state can

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 Parliamentary vs Presidential System

Does India need a presidential system? Arguments :- Against Debate can be divided in to feasibility and desirability In the existing constitutional scheme, change is not possible. Supreme court of India already held parliamentary form of Government as part of the basic structure of the constitution. Presidential system centralizes power and chances of it turning in to an authoritative system are

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WRITS Under Article 32

Literal Meaning Habeas Corpus – to have the body of Mandamus – command/order to do the duty to public official Prohibition – to forbid higher court to lower court – prevent from exceeding the jurisdiction (in between the trial) Certiorari – to be certified – superior court to inferior court to squash the order or transfer the case (at the

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Indian vs American constitution

Indian vs American constitution Telegram: https://t.me/SimplifiedIAS Feature India America Length Longest written Shortest written Constitution type Federal with unitary basis Federal Citizen ship One (except J&K A 370) One for America, and one for the state Nature of democracy Parliamentary (because of British rule) Presidential Legislature type Flexible with rigid Rigid Number of constitution Only one for the country One

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UPSC CSE Mains General Studies Paper – II Syllabus

General Studies Paper – II (Governance, Constitution, Polity, Social Justice and International relations) a. Constitution and Polity Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein. Separation of powers

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