Magna-Carta of India (12-35)

Right to Equality 1. Equality Before Law and Equal Protection of Law (14)
(14-18) 2. Prohibition on discrimination of grounds of religion, race, caste, sex or place of birth (15)
(Only Citizen of India)
3. Equality of Opportunity in matters of public employment (16) (Only Citizen of India).
(16(4)-State has power to give reservation)
4. Abolition of untouchability and prohibition of its practice. (17)
5. Abolition of titles except military and academics (18)
Right to Freedom 1. Protection of six rights regarding freedom of: i) speech and expression ii) assembly iii)
(19-22) association iv) movement v) residence and vi) profession. (19) (Only Citizen of India)
(Suspended in war or external aggression, in internal only after president proclamation.)
2. Protection in respect of conviction for offences (20) (Never Suspended) (1 .no ex post facto
law, 2.no double jeopardy 3.no self incrimination)
3. Protection of life and personal liberty (21) (Never Suspended)
4. Right to elementary education (21A)
5. Prohibition against arrest and detention in certain cases (22) (Punitive and Preventive)
Right against 1. Prohibition of traffic of human beings and forced labour (23)
Exploitation (23- 2. Prohibition of employment of children in factories etc (24)
24)
Right to Freedom 1. Freedom of conscience and free profession, practice and propagation of religion (25)
of religion (25-28) 2. Freedom to mange religious affairs (26)
3. Freedom from payment of taxes for promotion of any religion (27)
4. Freedom from attending religious instruction or worship in certain education institution
(28)
Cultural And 1. Protection of language, script and culture of minorities (29) (Only Citizen of India)
Educational Rights 2. Right of minorities to establish and administer education institutions (30) (Only Citizen of
(29-30) India)
Right to Right to move to supreme court for enforcement of FR including the writs of (32) (also HC by
Constitutional article 226)
Remedy (32) a. Habeas corpus: issued by court to a person who has detained another person, to
produce that body of the latter before it.
b. Mandamus: Issued by the court to a public official asking him to perform his official
duties that he has failed or refused to perform.
c. Prohibition: It is issued by a higher court to a lower court or tribunal to prevent the
latter from exceeding its jurisdiction.
d. Certiorari: It is issued by higher court to lower court or tribunal to transfer a case
pending with the latter to it or squash the order of the latter case.
e. Quo war-rento: It is issued by the court to enquiry into legality of claim of a person to a
public office.
1. Kesavananda Bharati vs. state of Kerala case (1973): the Supreme Court ruled that all provisions of the
constitution, including Fundamental Rights & Preamble can be amended. However, the Parliament cannot alter
the basic structure of the constitution like secularism, democracy, federalism, separation of powers. Often called
the "Basic structure doctrine", this decision is widely regarded as an important part of Indian history.
2. Minerva Mills v. Union of India (1980): The court ruled that the power of the Parliament to amend the
constitution is limited by the constitution. Hence the parliament cannot exercise this limited power to grant
itself an unlimited power. Hence the parliament cannot usurp the fundamental rights of individuals, including
the right to liberty and equality.

Fundamental Duties (51A): By the 42nd Constitutional Amendment Act of 1976, Swarna Singh Committee

1.Respect National Flag and National Anthem
3.Protect Sovereignty, unity, and integrity of India
5.Promote Harmony
7.Develop scientific temper
9. To Strive towards excellence in all spheres
2.Cherish Nobel Ideas that inspired the national freedom of
struggle
4.Defend Country and nation when called upon to do so
6.Protect and improve the national environment
8.Safeguard Public Property
10.Value and Preserve Rich Heritage of Country
 Directive Principles of State Policy
These are basically Instructions given by the constitution to the state that they should keep these in mind while
framing any policy.

1. Socialist Principle : Schedules

a. Minimise inequality in income and status (38) 1.Name of the territorial Extent
b. Adequate means of livelihood for all citizens (39) 2. Emoluments, Salary of President, Governor
c. Equal Justice and free and legal aid for poor (39A) etc.
d. Right to work and education (41) 3.Forms of Oaths
e. Raise the level of Nutrition and Standard of living (47) 4.Allocation of Seats to Sate & UT in Rajya
2. Gandhian Principle : Sabha
a. Village Panchyat and endow their power (40) 5.Schedule Areas
b. Promote Cottage Industry (43B) 6.Tribal Areas
c. Promote the status of SC and ST (46) 7.Union List, State List and Concurrent List
d. Prohibit consumption of in toxic, drinks and drugs (47) 8.Language
e. Prohibit the slaughter of cows, calves (48) 9.Acts and Regulations
10.Disqualification of Members
3. Liberal-Intellectual Principles: 11. Power, Authority and Responsibility of
a. Uniform Civil Code (44) Panchyat.
b. Education for all children until they attain the age of six (45) 12. Power, Authority and Responsibility of
c. Agriculture and Animal Husbandry on modern and scientific Municipality.
lines (48)
d. Protect and improve the environment (48A)
e. Protect monument and places of historic importance (49)
f. Separate judiciary from executive (50)
g. Promote international peace and security (51)

Loss of Citizenship: a) By Renunciation: Voluntary renouncing the citizenship of India, all minor to him also lose the
citizenship.

b) By Termination: If voluntary acquires the citizenship of any other country then Indian Citizenship automatically
terminated.

c) By Deprivation: a) if he acquired Indian citizenship through fraud. b) if he is disloyal to constitution of India. c)

Unlawfully traded with enemy during war etc.

1. Article 356: State Emergency. (Article 365: If any state fails to follow the direction given by central govt to state,
the president may imply emergency).
2. Article 52: Their shall be a president. Promulgate Ordinance Making Power (123). Seek Advice of SCI (143). (153
their shall be a Governor Ordinance Making Power (213))

3. President Veto: a) Absolute Veto (May withhold his assent to a bill). b) Suspensive Veto (Returns a bill for
reconsideration, but if passed again the must for president to approve). c) Pocket Veto (Neither Ratifies, nor
reject, nor return the bill. Simply keeping the bill pending for infinite period).

Pardoning Power of President (Article 72)

Pardon Commute Remission Respite Reprieve
Completely Substitution of one Reducing the period Awarding less Implies Stay order
Removes the form of punishment of Sentence without Sentence in case of on the execution of
conviction and to lighter form. changing its physical disability, sentence. (Used to
offences. character pregnancy etc. give victim some
time to apply)
For death sentence and military Governor (Article 161) has no Power.
1. By the 91st amendment 2003, total 1.Republic – France LS = MLA = 25 Yrs
no of ministers including PM 2.Emergency – Germany RS = MLC = 30Yrs
cannot be more than 15% of the 3.Fundamental Duties – Japan President = Vice President = 35 Yrs
strength of the Lok Sabha. (Same 4.Election of President – Ireland Panchyat = Municipality = 21 Yrs.
For State Legislature Also) 5.Constitutional Amendment –
2. By the 97th amendment Act 2011: S.Africa Supreme Court - 124
Co-operative Societies. 6.Concurrent List – Australia High Court – 214
3. Delimitation Act 2002. 7.Federation with strong centre & District Court - 233
4. Anti Defection Law : 52nd Distribution of Power – Canada
Amendment 1985 8.Independance Judiciary,
5. Lowering Voting Age : 61st President Head, F.R., Preamble,
Amendment 1988 Removal of Judges – USA
6. Winter Session is Shortest of three. 9.Rule of Law, Single Citizenship,
Parliamentary System - UK
 Election Commission (324): (1+2 = All have same Power and receive equal salary), Function - Administrative,
Advisory, Quasi-Judicial.
 UPSC AND SPSC (315-323), All India Services – 312. UPSC AND SPSC Members and Chairman once elected then
cannot work in any other government service.
 Comptroller and Auditor General (148-51): Audit both Central and State. Audit Report on Appropriation
Account, Audit Report on Finance Accounts, and Audit report on Public Undertaking to president of India.
 Attorney General of India (76): Attend any proceeding in any court and in central parliament.
 For impeachment of President the Impeachment Charges must be signed by ¼ of members. Started in any
house, 14 days prior notice must be given to president. He is allowed to give his views. Must be passed by 2/3
of the total strength of the house. If passed then sent to other house if it also passes from other house then
Impeachment is deemed to be passed from both the house.
 For impeachment SCI/HC/CAG/EC – Impeachment charges must be signed by 50 Members in RS or 100
members in LS. Speaker/Chairman if admit the motion then 03 Member Committee formed to investigate the
matter. If committee found guilty then the motion should be passed with special majority from both the house
of the parliament.

Parliament:
1. Adjournment (Suspends the working for specified time which may be hrs, months or days). 2. Adjournment Sine
die(Suspends the working for indefinite period of time, generally at the end of session). 3. Prorogation (issued by
president to end the session, generally when any session completes and speaker adjourned sine die, then after
some days president prorogate).
2. Motions: No Discussion on a matter of any public importance can take place except on a motion made with the
consent of the presiding officer.

Closer Privilege Calling Point of Adjournment

No Motion of
Motion Motion Attention Order (When Motion (Draw
Confidence Thanks
(Breach of Motion Proceeding of Motion (No
attention on
House by House Does general public
Confidence on
minister by not follow importance).
majority
giving wrong normal rules) Must be Government.
information) Must be
supported by
supported by
50 Members)
50 Members)
Resolution is a particular type of motion (Draw the attention of the House to a matter of general public
importance). All motions are not necessary put on vote of house but all resolutions are required to be voted
upon.

Finance Bill: Money Bill (110), Finance Bill-I (Only Diff with money bill is that Rajya Sabha can reject this). (117-1),
Finance Bill-II (Just a simple ordinary Bill) (117-3).