Saket Kumar

Article 368 in Part XX of the Constitution deals with the power of Parliament to amend the Constitution and its procedure.  Indian Constitution is neither flexible nor rigid but a synthesis of both. Procedure of Amendment Introduced on by a parliament not state legislature. Bill can be introduced either by minister or private member. Must be passed in each house by special majority. No provision of holding a Joint sitting. Bill seeks to amend federal provision - it must be ratified by legislature of half of the states by a simple majority. President must give his assent to the bill. After president's assent, the bill becomes an Act and constitution stands amended in accordance with the terms of the Act. Types of Amendment Simple Majority Special Majority Special Majority with ratification of half of the state legislature. Simple Majority Admission and establishment of new states. Formation of new states and alteration of area, boundaries or names of existing states. Abolition or cr...

Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR. Japanese Constitution is, perhaps, the only democratic Constitution in world which contains a list of duties of citizen. Congress Party set up the Swaran Singh Committee to make recommendation about Fundamental Duties. Congress government at center adopt this recommendation and enacted the 42nd Amendment Act 1976. According to Article 51A, it shall be the duty of every citizen of India: to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. to cherish and follow the noble ideals that inspired the national struggle for freedom. to uphold and protect the sovereignty, unity and integrity of India; to defend the country and render national service when called upon to do so; to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and...

Originally, the Constitution provided seven Fundamental Rights. It is also known as the Magna Carta of India. Inspired form constitution of USA.  Article 12 - Defined the term for the purposes of Part III. According to it, state includes - Government and Parliament of India. Government and Legislature of states. All local authority - Municipalities, Panchayats, district board, improvement trust etc. All statutory and non-statutory authority like LIC, ONGC, SAIL etc. Article 13 - All law that are inconsistent with or in derogation of any of the fundamental rights shall be void. Doctrine of Judicial review. SC - Article 32 HC - Article 226 It includes Permanent law Temporary law Executive legislation - order, byelaw, rule, regulation or notification. Non legislative source of law. Right to Equality (Article 14-18) (ED OUT) Article 14 - Equality before law (British origin) and equal protection of law (US origin). Article 15 - Prohibition of discrimination on ground of religion, race, ...

  Article 5 Person who is domicile of India, fulfills any one of the three condition - if he born in India if either of his parents was born in India if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution. Article 6 Who migrated to India from Pakistan - Either of his parent or grandparents are born in undivided India. He migrated India before July 19, 1948, ordinary resident since then. He migrated India after July 19, 1948, registered as a citizen. Person could be register only if he has been resident of India since Independence. Article 7 Migrated to Pakistan from India after March 1, 1947, but later returned to India for resettlement. He had to be resident of India for six months preceding the date of his application for registration. Article 8 A person born or any of whose parents born in undivided India but who is ordinally residing outside India shall become an Indian citizen if he has ben registered as a citize...

Union and its Territories. Part 1 of the Constitution (Article 1 to 4)   Article 1 India, that is, Bharat as a 'Union of States'. According to BR Ambedkar Union of States has been preferred to 'Federation of States' for two reasons. Indian Federation is not the result of an agreement among the states like the American Federation. The states have no right to secede from the federation. The territory of India is classified as Territories of the states Union territories Territories that may be acquired by the Government of India at any time. Special provision applicable to the states (Part XXI) Maharashtra Gujarat Nagaland Assam Manipur Andhra Pradesh Telangana Sikkim Mizoram Arunachal Pradesh Goa Karnataka 5th and 6th schedule contain separate provisions with respect to the administration of scheduled areas and tribal areas within the states. India acquired several foreign territory Dadra and Nagar Haveli Goa Daman and Diu Puducherry Sikkim Article 2  Empowers the Parl...

 Important Constitutional Amendments 7th - 42nd - 44th - 73rd - 74th - 97th - 101st - Factor have contributed Elephantine size of our Constitution. Geographical Factor Historical Factor Single constitution for both center and state. Dominance of legal luminaries in constituent assembly.  Sources of Indian Constitution Government of India Act 1935 Federal Scheme Judiciary Governor Emergency Power Public Service Commission Administrative details Irish Constitution DPSP Nomination of Member of Rajya Sabha Method of election of President British Constitution Parliamentary form of government Rule of law Legislative procedure Single citizenship Cabinet system Prerogative writs Parliamentary privileges and bicameralism US Constitution Fundamental rights Independence of Judiciary Judicial review Impeachment of President Removal of SC and HC Judges Post of Vice-President Canada Federation with strong center Residuary power in the center' Appointment of State governors by the centers Ad...