Article 15(1) of the Constitution of India says that there should be no discrimination on the grounds of only religion, race, caste, sex and place of birth or any of them.
Article 15(2) further provides that the citizens, as well as the states, should not make such discrimination concerning access to shops, hotels, etc. and also to all places of public entertainment, wells, tanks, and more.
1. Regulating Act, 1773
2. Pitts India Act, 1784
3. Charter Act, 1813
4. Charter Act, 1833
5. Government of India Act, 1858
6. Indian Council Act, 1861
7. Indian Council Act, 1892
8. Act of 1909 (Minto Morley Reforms)
9. Act of 1919 (Montagu Chelmsford Reforms)
10. Government of India Act, 1935
11. Cripps Mission
12. Cabinet Mission Plan
13. Indian Independence Act, 1947
Along with the rights granted to the accused, some legal protection is available as well. Protection to the accused is provided with a view of human dignity that is given to every citizen. This short law note states the legal protection that is available to an accused under a criminal trial. And, these can be stated as:
1. Doctrine of double jeopardy.
2. Presumption of innocence.
3. Doctrine of self-incrimination.
Article 2 – Admission or establishment of new States.
Article 3 – Formation of new States and alteration of areas, boundaries or names of existing States.
Article 5 – Citizenship at the commencement of the Constitution.
Article 10 – Continuance of the rights of citizenship.
Article 11 – Parliament to regulate the right of citizenship by law.
Article 12 – Definition. (Fundamental Rights)
Article 13 – Laws inconsistent with or in derogation of the fundamental rights.
The Union Public Service Commission of India is a constitutional body. The Constitution of India provides for the establishment of UPSC under Part XIV, from Articles 315 to 323. Let us look at,
Composition of UPSC,
Removal of Members of UPSC,
Independence of UPSC,
Functions of UPSC,
Role of UPSC.
Article 35A says that all laws which apply to India will not be applicable to Jammu and Kashmir, and the President with the consultation of State assembly will decide which laws will be applicable to Jammu and Kashmir.
Article 35A declares that which people are declared or decided to be a permanent resident of Jammu and Kashmir.
In this law note, let us learn about the six most important constitutional doctrines applied under the Indian Constitution:
1. Doctrine of Eclipse.
2. Doctrine of Severability.
3. Doctrine of Judicial Review.
4. Doctrine of Pith and Substance.
5. Doctrine of Colorable Legislation.
6. Doctrine of Harmonious Construction.
The Constitution of India provides for an independent office of the Comptroller and Auditor General of India (CAG). He is the head of the Indian audit and accounts department. He is the guardian of the public purse and controls the financial system of the country both at the central level and state level.
CAG is one of the strongest walls of the democratic system, as the Supreme Court, Election Commission of India (ECA), and the Union Public Service Commission (UPSC).
Amendment means to change or alter existing provisions of law. With time laws of the country need to be updated. They can’t be stiff and stagnant. Modifications in law provisions are a great sign of development. There have been many important constitutional amendments that have changed the shape of a statute or a particular provision completely. Let’s have a look at eighteen such amendments.
1st Constitutional Amendment Act, 1951: It was the first amendment after India became an independent and republican country. Article 15 clause 4 and Article 19 clause 6 were added in Part III of the Constitution.
Fundamental Duties are enshrined under Part IVA, Article 51A of the Indian Constitution. Originally, the Constitution of India had no mention of Fundamental Duties. They were added through the 42nd Constitutional Amendment on the recommendations of the Swaran Singh Committee.
42nd amendment added a new Part IVA, which constituted Article 51A to the Indian Constitution and contained ten Fundamental Duties of the citizen.
Various questions regarding amendments emerged gradually after the Constitution came into force. Some of them are:
1. Can the Parliament amend the Constitution?
2. Can the Preamble be amended?
3. Can the Parliament amend the Fundamental Rights?
4. Is the amending power under Article 368 absolute?
All the above questions were answered in the following landmark judgments.
Finance Commission is a constitutional body. Article 280 of the Constitution of India provides for Finance Commission. The president constitutes it after every five years.
Historically there was a provision that within two years after the commencement of the constitution, the Finance Commission must get established and after that every five years.