LAWprep/Sample Notes/CLAT 2009
Entire study material has been developed in such a way that it’s not only easy to understand but also simple to mug up. India’s first ever study package which has most organized, systematic and simple notes to prepare CLAT exam. No surprise, 95% GK questions were from our notes in CLAT 08 exam. All other sections were also identical to our mock tests. Here, some of our notes given below. Start learning important ideas and prepare well for exams. All the best!
Sources of Indian Constitution Country U.K. (England)
USA
Australia Erstwhile USSR Germany Canada South Africa Ireland
Constitutional Provisions Borrowed Parliamentary System Bicameral Parliament Lower House More Powerful Powers of Speaker in Lok Sabha Prime Minister Council of Ministers Council of Ministers responsible to Lower House Single Citizenship Written Constitution Fundamental Rights Supreme Count Head of State (President) Judicial Review Concurrent List Centre-State Relationship Fundamental Duties 5-Year Plan (Non-Constitutional Feature) Emergency Provisions Federal System Residuary Powers Procedure of Constitutional Amendment. Concept of Directive Principles of State Policy. Originally borrowed from Spain
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LAWprep/Sample Notes/CLAT 2009
Important Articles of The Constitution ART 54 61 76 82 102 105 108 110 123 124 137 143 148 153 169 201 214 226 231 233 239
RELATES TO Election of President Impeachment of the President Attorney – General for India Readjustment after each census Disqualification for membership Power, privileges of house of Parliament Joint sitting of both houses Definition of ‘Money bill’ Power of President to promulgate Ordinances Establishment of Supreme Court Review of judgments by supreme Court Power of President to consult the Supreme court Comptroller and Auditor General of India Governors of States Abolition or creation of Legislative Councils Bills reserved for consideration High Courts Power of High Courts to issue certain writs A Common High Court for Two or more States Appointment of district Judges Administration of Union Territories
Few Controls Used By Parliament over Executive Question Hour
First hour of every Parliamentary sitting Starred
questions
are
answered
orally.
Therefore
supplementary questions can follow Unstarred questions are answered in written form Short Notice questions can be asked by giving less than 10 days notice Zero Hour
Starts immediately after question hour Indian innovation. Any matter can be discussed during this time
Half – an – Hour
To
clear
some
fact
on
a
matter
of
sufficient
public
Discussion
importance on which lot of debate has al ready taken place
Short
To discuss matters of urgent public importance
Duration
discussions
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Also known as two hour discussion
LAWprep/Sample Notes/CLAT 2009 Calling attention
Moved to call the attention of a minister to a matter of
motion
public importance
Adjournment
To draw attention of Parliament to a matter of urgent public
motion
importance Motion needs support of 50 members to be admitted Rajya Sabha not permitted to move it
No
Confidence
Motion
Moved to ascertain confidence of Lok Sabha in Council of Ministers If passed, C o M has to resign Needs support of 50 members to be admitted Can be moved in Lok Sabha only
Writs And
under
Article 32 (For Supreme Court)
Article 226 (For High Court)
Habeas
Corpus
Order to the person who has detained another to produce the
Means “to produce
detainee before the court. This is issued in order to let the court
the body of”
know on what grounds he has been confined. It is to protect individual liberty
Mandamus
means
Commands a public or quasi-public legal person to perform his
‘We Command’
duty
Prohibition
Issued by Supreme Court or High Court to an inferior court forbidding it continue proceedings in a case in excess of its jurisdiction or exercise jurisdiction which is not vested with it legally
Certiorari
Issued to a lower court after a case has been decided by it quashing the decision or order. Its object is to secure that the jurisdiction of an inferior court or tribunals is properly exercised
Quo
Warranto
means what is your authority
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Issued by the court to enquire into the legality of claim which a person asserts to a Public Office
LAWprep/Sample Notes/CLAT 2009
Important Amendments AME
YEAR
ARTICLE /
NDM
SCHEDULE
ENT
AFFECTED
st
1
1950
REMARKS
Inserted Art
Provided for several new grounds of restrictions to
31 A & 31
right to speech and expression, right to practice any
B. Added IX
profession or trade as contained in Art 19. it related to
Schedule
public order friendly relation to foreign states etc. IX schedule was added to give protection from challenge to land reform loss
2nd
1952
81
th
1955
31,
4
Representation for election to Lok Sabha was readjusted. 31A,
305,
IX
Schedule
Restated private
the
State’s
property.
of
Scope
compulsory for
acquisition
welfare
legislation
of like
abolition of zamidari, planning, control over resources etc. was extended.
15th
1963
226
Amended many provisions related to High Court.
th
1966
3
To clarify that the Parliament has the power to create a
18
new state or Union Territory. Provision was made for formation of two states Punjab and Haryana th
24
1971
13 & 368
The object of the amendment was to clarify of the amendment that the Parliament has the power to amend every part of the Constitution. Including Fundamental Rights; came after Golaknath’s case.
th
1971
nd
1976
25 42
Art 31
Came after Bank Nationalization Case Also called Mini – constitution; made widespread changes in it after recommendations of Swarn Singh Committee.
rd
43
1977
31D,
32A,
This Amendment omitted many Articles inserted by the 42nd Amendment Act. Some articles were Changed.
131A, 144A, 145. th
44
1978
352, 22,
52nd
1985
21,
The right to property was omitted from fundamental right
132,
and made legal right. “armed rebellion” was made one of
134, 134 A
the circumstances for imposing internal emergency.
101,
It was declared that a member who defects from his party
102,
190, 191, X
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would become subject to disqualification.
LAWprep/Sample Notes/CLAT 2009 Schedule 61st
1989
Art 326
Voting Age reduced from 21 to 18 years
th
1994
Art 31 C
To give effect to Taamil Nadu’s reservation for SC, ST &
75
OBCs beyond 50%; after Indira Sawhney vs. UOI Case 81st
2000
Unfulfilled reserved seats of a particular year to be carried forward.
91st
2003
Art 75, 164
Limiting membership of council of ministers to 15% of total membership of the te as the case may be.
rd
93
2006
Art 15 (4);
Empowers Parliament & State Legislatures to make laws for
added
reservation for SC, ST & OBCs in unaided educational
15 (5)
Art
institutions except minority educational institutions for higher education.
th
94
2006
164 (1)
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Substituted word ‘Bihar’ with “Chattisgarh, Jharkhand”
LAWprep/Sample Notes/CLAT 2009
Concept: National Development Council STATUS
Established
in
August
1952
by
an
executive
resolution
on
the
recommendation of the First Year Plan.
Like Planning Commission it is neither a constitutional body nor a statutory body Sarkaria Commission recommended for its constitutional status under Article 263 of the constitution and should be renamed as ‘National Economic and Development Council’.
COMPOSITION
The NDC is composed of the following members. Prime Minister of India as its Chairman/Head All Union Cabinet ministers (since 1967) Chief Ministers of all states Administrators of all union territories Members of the Planning Commission
OBJECTIVES
Chief objective – To secure Cooperation of states in the executive of the plan.
To strengthen & mobilize the efforts and resources of the nation in support of plan
To promote common economic policies.
To ensure balanced and rapid development of all parts of the country.
FUNCTIONS
Prescribe guidelines for preparation of the National Plan.
Consider the National Plan as prepared by Planning Commission.
Make an assessment of the resources required for implementing the Plan.
Consider important questions of social & economic policy affecting National Development.
Review the working of the National Plan from time to time.
Recommend measures for achievement of the aims and targets set out in plan.
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LAWprep/Sample Notes/CLAT 2009
Indian Political system: Points to remember - Module 04
The only State having Constitution of its own is Jammu and Kashmir.
Constitution of J & K came into force On 26 January, 1957.
Planning Commission is also known as ‘Super Cabinet’, ‘Economic Cabinet’ ‘Parallel Cabinet’, and The ‘Fifth wheel of the coach’ etc.
The CAG is an officer of the Parliament and he is called Ears and Eyes of the Public Accounts Committee.
Difference between an attorney general and a solicitor general? An attorney general is an officer appointed by the President of India under Article 88 of the Constitution. He represents the Union government in the Supreme Court. A solicitor general is with the law ministry and drafts the bills which become laws after being passed by Parliament. A solicitor general cannot appear in any court while an attorney general is the first person, by right, to address the Supreme Court.
What is the difference between an Act and a statute? An Act is a law passed by parliament while a statute is law passed by Parliament or any other similar statutory body which has the right to do so.
Council of Ministers is collectively responsible to - The parliament
Person legally competent to declare war or conclude peace - The President
Person who decides whether a Bill is a “Money Bill” or not - Speaker of Lok Sabha
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