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What is the difference between 5th and 6th schedule?

March 17, 2020

5th AND 6th SCHEDULE OF THE CONSTITUTION The basic thrust of the Fifth and Sixth Schedule of the constitution is the protection of cultural distinctiveness of Tribal. Both provides protection to the tribals on account of their economic disadvantages so that they could maintain their tribal identity without any coercion or exploitation. _________________ THE INTERESTS […]

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What is Panchayats (Extension to Scheduled Areas)?

March 17, 2020

Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA is a law enacted by the Government of India for ensuring self governance through traditional Gram Sabhas for people living in the Scheduled Areas of India. Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India. Scheduled Areas are found in ten states of India which have […]

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Budget

January 21, 2020

BUDGET Budget refers to the ‘annual financial statement’ for the coming year. The word ‘Budget’ is not specifically mentioned under any Provision of the constitution. Under Article 112, President shall cause annual financial statement of Government of India to be laid before both the Houses of Parliament. Budget consists of two parts: Revenue part Expenditure […]

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Conventions and Ordinance

January 21, 2020

Conventions and Ordinance CONVENTIONS | Conventions and Ordinance Conventions refer to practices which are followed from an earlier time period. Conventions are not mentioned in law, but they are also legally binding. Certain examples of conventions followed in our country are President’s assent to a money bill Caretaker Government is expected to restrict itself to […]

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Immunities and Parliamentary Privileges

January 21, 2020

Immunities and Parliamentary Privileges Immunity refers to protection, and Parliamentary privileges refer to special rights enjoyed by the Parliament, its committees, and its members. Immunities and privileges are necessary in order to secure the independence, effective, and non-interrupted functioning of Parliament. The Constitution has also extended the Parliamentary privileges to those persons who are entitled […]

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 BILLS

January 21, 2020

BILLS A bill is a legislative draft. A bill when passed by both the houses of Parliament and given Presidential assent becomes a law. Types of Bills: Public Bill and Private Bill |  BILLS Public Bill                                             Private Bill It is introduced in the Parliament by a minister. It is introduced in the Parliament by […]

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PARLIAMENTARY PROCEEDINGS

January 13, 2020

Parliamentary Proceedings Question Hour Generally, the first hour of a sitting in Lok Sabha is devoted to Questions and that hour is called the Question Hour. Asking of questions is an inherent and unfettered parliamentary right of members. It has a special significance in the proceedings of Parliament. It is during the Question Hour that […]

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Sessions of Parliament

January 13, 2020

Sessions of Parliament Under Article 85, the Houses of Parliament shall be summoned in such a manner that six months shall not lapse between two sessions of Parliament. By convention, the Parliament meets in three regular sessions in a calendar year apart from the special sessions. The regular and special sessions of Parliament are convened […]

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Delimitation of Constituencies 

January 13, 2020

Delimitation of Constituencies  Delimitation of constituencies refers to redrawal of constituencies based on latest census figures. Under Article 81, every Lok Sabha constituency shall be rearranged on the basis of latest census figures in such a manner that the ratio between population of each constituency and the number of seats allotted to the constituency shall […]

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Speaker of Lok Sabha 

January 13, 2020

Speaker of Lok Sabha Speaker performs two roles: Presiding officer: Speaker is a Presiding officer of Lok Sabha. He is responsible for maintaining order and decorum in the house. In his capacity as a presiding officer of house, he is not answerable to court of law. Administrative head of Lok Sabha: As an administrative head […]

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LOK SABHA

January 13, 2020

LOK SABHA Lok Sabha is also called the popular house because the members of Lok Sabha are directly elected by the people. Strength and Composition of Lok Sabha The strength of Lok Sabha is 545 members. Of these, 543 members are directly elected by the people from their respective territorial constituencies. President may also nominate […]

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RAJYA SABHA

January 13, 2020

RAJYA SABHA Rajya Sabha is the representative body of states (rajya) at the level of union legislature. Rajya Sabha is expected to represent interest of various states. Therefore, it is also called Council of States. Strength and Composition The total strength of Rajya Sabha is 245 members. Constitution prescribes the strength of Rajya Sabha to […]

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UNION LEGISLATURE

January 13, 2020

UNION LEGISLATURE In India, the union legislature is called Parliament. Parliament includes Lok Sabha, Rajya Sabha, and the President. President is not a Member of Parliament but an integral part of the Parliament because of the legislative powers assigned to him. A bill becomes law only after assent by the President. Union Legislature in other […]

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ATTORNEY GENERAL OF INDIA

January 13, 2020

ATTORNEY GENERAL OF INDIA The Constitution under Article 76 has provided for the office of the Attorney General of India. He is the highest law officer in the country. Appointment Attorney General of India is appointed by the President. President appoints a person as Attorney General if he or she is qualified to be appointed […]

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 LIST OF MINISTRIES AND THEIR DEPARTMENTS (AS ON 31ST MARCH, 2017)

January 13, 2020

LIST OF MINISTRIES AND THEIR DEPARTMENTS (AS ON 31ST MARCH, 2017) Ministry of Agriculture and Farmers Welfare Department of Agricultural Research and Education (DARE) Department of Agriculture, Cooperation, and Farmers Welfare Department of Animal Husbandry, Dairying, and Fisheries Ministry of AYUSH Ministry of Chemicals and Fertilizers Department of Chemicals and Petrochemicals Department of Fertilizers Department […]

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COUNCIL OF MINISTERS

January 13, 2020

COUNCIL OF MINISTERS The Council of Ministers (COMs) is headed by the Prime Minister. Council of Ministers is the real executive as powers of the Union are exercised by Council of Ministers. Ministers are appointed by President on the advice of Prime Minister. Resignation by Ministers Central Ministers submit written resignations to Prime Minister of […]

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PRIME MINISTER

January 13, 2020

PRIME MINISTER Prime Minister (PM) is the head of Council of Ministers. While other ministers are at par with each other, Prime Minister is considered to be the ‘First among equals’. The position of Prime Minister among Union Ministers is also described as that of ‘Moon among Stars’. Prime Minister is the leader of the […]

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VICE-PRESIDENT

January 13, 2020

VICE-PRESIDENT Vice-President of India is also the ex-officio Chairperson of Rajya Sabha. ‘Ex-officio’ refers that by virtue of holding one office person is given another office. Vice-President can act as President in case of sudden death, resignation, illness, absence, or impeachment of President. Election of Vice-President The Vice-President is elected by members of an electoral […]

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FUNDAMENTAL DUTIES

January 13, 2020

FUNDAMENTAL DUTIES   WHAT ARE FUNDAMENTAL DUTIES? Constitution does not define fundamental duties (FDs). For our understanding, we can define them as expectations of State from its citizens. They can also be defined as guidelines for a responsible citizen. On the recommendation of Swaran Singh Committee, fundamental duties were incorporated under Art. 51A by 42nd […]

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DIRECTIVE PRINCIPLES OF STATE POLICY

January 13, 2020

DIRECTIVE PRINCIPLES OF STATE POLICY   Directive Principles are the directions to be followed by state while formulation and implementation of a policy. Article 36 Definition of state as mentioned under fundamental rights is also applicable to directive principles of state policy (DPSP). Thus, the definition of State is same for both Part III and […]

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SUSPENSION OF FUNDAMENTAL RIGHTS

January 13, 2020

SUSPENSION OF FUNDAMENTAL RIGHTS During the period of emergency, the State is empowered to suspend the fundamental rights. The term ‘State’ is used here in the same sense in which it has been used in the chapter on fundamental rights. It means that the power to suspend the operation of these fundamental rights is vested […]

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EMERGENCE OF DOCTRINE OF BASIC STRUCTURE OF CONSTITUTION

January 13, 2020

EMERGENCE OF DOCTRINE OF BASIC STRUCTURE OF CONSTITUTION Among other provisions, 1st Amendment Act, 1951, introduced restrictions in Article 19(1)(g) (State can acquire any business partially or completely in the interest of general public) and introduced Art. 31A and 31B. These articles reduced the scope of fundamental rights and thus were challenged in Shankari Prasad […]

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 AMENDABILITY OF FUNDAMENTAL RIGHTS

January 13, 2020

AMENDABILITY OF FUNDAMENTAL RIGHTS Supreme Court held in Kesavananda Bharati case (1974) that Parliament can amend any part of the constitution including fundamental rights subject to ‘Doctrine of Basic Structure’ of the Constitution. Supreme Court has neither defined basic structure nor given any exhaustive list as to what comprises the basic structure of constitution. However, […]

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   FEATURES OF FUNDAMENTAL RIGHTS             

January 13, 2020

FEATURES OF FUNDAMENTAL RIGHTS Fundamental rights are individual rights. They are enforced against the state. However, some of these rights are enforced both against the state as well as the individuals such as entry to public places [Art. 15(2)], untouchability (Art. 17), right against exploitation (Art. 23 and Art. 24). Fundamental rights are guaranteed by […]

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     EXCEPTIONS TO FUNDAMENTAL RIGHTS

January 13, 2020

EXCEPTIONS TO FUNDAMENTAL RIGHTS There are two kinds of exceptions to fundamental rights: Specific exceptions: These exceptions are given within the fundamental right itself. For instance, there are various exceptions to Freedom of Speech and Expression such as Sovereignty of India, Security of India, and Friendly Relations with Foreign States. General exceptions: These exceptions are […]

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FUNDAMENTAL RIGHTS (ART. 12-35)

January 13, 2020

FUNDAMENTAL RIGHTS (ART. 12-35) Fundamental rights have not been defined in the constitution. We can understand fundamental rights as those rights which are ‘essential to lead a bare minimum quality of life. Fundamental rights restrain the power of State and in some cases even the discretion of private individuals. Thus, it is important to define […]

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NATIONAL POLITICAL PARTY AND STATE POLITICAL PARTY

January 13, 2020

NATIONAL POLITICAL PARTY AND STATE POLITICAL PARTY Political parties that wish to contest local, state, or national elections are required to be registered with the Election Commission of India (ECI). A registered party enjoys privileges like reserved party symbol, free broadcast time on state run television and radio, consultation in setting of election dates and […]

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DISPUTES REGARDING ELECTIONS

January 13, 2020

DISPUTES REGARDING ELECTIONS All election disputes are to be tried by the respective High Courts. Election petition is the only way to challenge any election. Election can be challenged by a candidate or any voter listed in the electoral roll of that constituency within 45 days of declaration of the result. Trial of the Petition […]

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  ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS

January 13, 2020

ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS   Chief Electoral Officer He/she has the responsibility to supervise the conduct of all the elections in the State. Chief Electoral Officers work under direct supervision and control of the Election Commission. District Election Officer District Election Officer has the responsibility to coordinate and supervise election work relating […]

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  LIMIT ON POLL EXPENSES

January 13, 2020

LIMIT ON POLL EXPENSES There are tight legal limits on the amount of money a candidate can spend during the election campaign. The people who contest the elections to the House of the People and to the Legislative Assembly of a State are required to maintain such accounts. Every candidate at an election shall, either […]

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DECLARATION OF ASSETS

January 13, 2020

DECLARATION OF ASSETS Every elected candidate for a House of Parliament shall, within 90 days from the date on which he makes and subscribes an oath or affirmation, furnish the information to the Chairman of the Council of States or the Speaker of the House of the People, as the case may be, relating to […]

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REPRESENTATION OF PEOPLE’S ACT, 1951 

January 13, 2020

REPRESENTATION OF PEOPLE’S ACT, 1951 The 1951 Law makes provisions for Conduct of elections to Parliament and state legislatures Qualifications and disqualifications Various offences in relation to elections, etc. Important Provisions of Representation of People’s Act, 1951  Qualification for membership of Council of States: A person is required to be a registered voter in any […]

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REPRESENTATION OF THE PEOPLE ACT, 1950

January 13, 2020

REPRESENTATION OF THE PEOPLE ACT, 1950 The 1950 law makes provisions for Allocation of seats in Lok Sabha and Legislative Assemblies Delimitation of constituencies Qualifications of voters Manner of filling the seats of Rajya Sabha, etc. Important Provisions of Representation of the People Act, 1950 All seats in Lok Sabha are to be filled by […]

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   LOKPAL AND LOKAYUKTA

January 13, 2020

LOKPAL AND LOKAYUKTA It is an anti-corruption authority or ombudsman who represents the public interest. The concept of an ombudsman is borrowed from Sweden. The Lokpal is responsible for enquiring into and prosecuting for corruption charges against union officials. Lokayukta is a state-level anti-corruption ombudsman organization similar to lokpal at national level. Maharashtra was the […]

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CENTRAL BUREAU OF INVESTIGATION

January 13, 2020

CENTRAL BUREAU OF INVESTIGATION Central Bureau of Investigation (CBI) is the foremost investigative agency in India. It is under the jurisdiction of the Government of India. The CBI is involved in major criminal probes and is the Interpol agency in India. The CBI was established in 1941 as the Special Police Establishment; later on in […]

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CENTRAL VIGILANCE COMMISSION

January 13, 2020

CENTRAL VIGILANCE COMMISSION Central Vigilance Commission (CVC) is an apex government body created in 1964 on the recommendation of Santhanam committee to address the issue of corruption. It has the status of an autonomous body, free of control from any executive authority, charged with vigilance activity, and advising various authorities in central government organizations in […]

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BLEND OF AMERICAN AND BRITISH MODEL

January 13, 2020

BLEND OF AMERICAN AND BRITISH MODEL Indian constitution is considered a mix of British and American model. Let us understand the similarities and dissimilarities with both of these models. Comparison Between Indian Model and British Model Even though Indian constitutional scheme is in line with British parliamentary system, there are some major differences between the […]

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  FEATURES OF INDIAN CONSTITUTION

January 13, 2020

     FEATURES OF INDIAN CONSTITUTION The Indian constitution closely follows the British parliamentary model but differs from it in one important respect, that is the Constitution is supreme not the Parliament. So the Indian courts are vested with the authority to adjudicate on the constitutionality of any law passed by the Parliament. The present […]

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THEORY OF SEPARATION OF POWERS

January 13, 2020

THEORY OF SEPARATION OF POWERS The three organs of the government—Legislature, Executive, and Judiciary—perform the three essential functions of law-making, law-application, and law-adjudication. These three functions are inter-related and inter-dependent. Central Idea of the Theory of Separation  of Powers The theory of separation of powers holds that the three organs of government must be separate […]

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 NATURE OF INDIAN CONSTITUTION: UNITARY OR FEDERAL 

January 13, 2020

NATURE OF INDIAN CONSTITUTION: UNITARY OR FEDERAL The Indian Constitution is neither purely federal nor purely unitary but is a combination of both. Federal Nature of Indian Constitution The word ‘federation’ is no where used in the Indian constitution. However, all the structural features of a federal government are incorporated in the Indian constitution. Dual […]

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TYPES OF MAJORITY

January 13, 2020

TYPES OF MAJORITY 1.Simple majority: It refers to majority among members present and voting. Simple majority is required in the following cases: Ordinary bill Money bill Finance bill No-confidence motion Election of Speaker and Deputy Speaker of Lok Sabha and Legislative Assembly Election of Chairperson and Deputy Chairperson of Rajya Sabha and Legislative Council Approval […]

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TABLE OF PRECEDENCE

January 13, 2020

TABLE OF PRECEDENCE The position of important dignitaries as per the table of precedence is as follows: President Vice-President Prime Minister Governors of states within their respective states Former Presidents 5a. Deputy Prime Minister Chief Justice of India Speaker of Lok Sabha Cabinet ministers of the Union Chief Ministers of states within their respective states […]

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CITIZEN CHARTER

January 11, 2020

CITIZEN CHARTER Citizen charter refers to the document published by a government organization or department which specifies standards of services, reasonable time limit for delivery of services, avenue of grievance redressal on account of non-delivery of services, and mechanism for independent scrutiny of government organisation with public involvement. Its initiative was first implemented in the […]

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CABINET SECRETARIAT

January 11, 2020

CABINET SECRETARIAT The Cabinet Secretariat is responsible for the administration of the Government of India. It functions from the Secretariat Building, New Delhi, where most of the Cabinet of India sits. It comprises a set of two buildings: the North Block and the South Block on opposite sides of Rajpath which are home to some […]

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CENTRAL SECRETARIAT

January 11, 2020

CENTRAL SECRETARIAT The Central Secretariat comprises all the ministers and departments of the Central Government. In other words, Central Government, for the purpose of administration, is divided into various ministries and departments. The Central Secretariat is a totality of such ministries and departments. A ministry generally consists of two to four departments. However, there can […]

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RIGHT TO INFORMATION ACT, 2005

January 11, 2020

RIGHT TO INFORMATION ACT, 2005   Right to Information Act has been passed with the objective to promote transparency and accountability of any public authority. According to RTI Act, public authority refers to government institutions as well as other institutions substantially funded by the government. PROVISIONS OF RTI ACT The Act recognizes the right of […]

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STATUTORY, REGULATORY AND QUASI-JUDICIAL BODIES

January 11, 2020

STATUTORY, REGULATORY AND QUASI-JUDICIAL BODIES CLASSIFICATION OF STATUTORY, REGULATORY AND QUASI-JUDICIAL BODIES Statutory bodies are those bodies which are created under law. Regulatory bodies are public authorities or government agencies responsible for exercising autonomous authority over some area of economic or government activity in a supervisory capacity. Quasi-judicial bodies are those bodies which are given […]

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SCHEDULES

January 11, 2020

SCHEDULES The original constitution consisted of eight schedules. Four schedules (schedules 9-12) were incorporated into Constitution through amendments. Schedules contain explanations or details of provisions covered under various parts of the Constitution. 1. FIRST SCHEDULE 1. Names of the States and their territorial extent. 2. Names of the Union Territories and their territorial extent. 2. […]

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SHORT TITLE, COMMENCEMENT, AND AUTHORITATIVE TEXT IN HINDI AND ENGLISH PART XXII

January 11, 2020

PART XXII  SHORT TITLE, COMMENCEMENT, AND AUTHORITATIVE TEXT IN HINDI AND ENGLISH   SHORT TITLE (ART. 393) The Constitution may be called the Constitution of India. Commencement (Art. 394): The provisions relating to Citizenship, Election Commission, Definitions shall come into force on 26th November, 1949. Remaining provisions of this constitution shall come into force on […]

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EMPRORARY, TRANSITIONAL AND SPECIAL PROVISIONS PART XXI

January 11, 2020

  Part XXI was introduced in the Constitution to take care of peculiar situation of various states. This part was added to the Constitution with the belief that once the peculiar situation of these states is addressed, this part will be struck off from the Constitution. Thus, this part was given name of temporary, transitional, […]

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AMENDMENT OF THE CONSTITUTION (ARTICLE 368)

January 11, 2020

AMENDMENT OF THE CONSTITUTION (ARTICLE 368)   Part XX of the Constitution consists of Article 368 that deals with the powers of Parliament to amend the Constitution and the procedure to carry out constitutional amendment. The amendment procedure is discussed in detail under the topics: Type of Bills. By adopting this procedure, so far 100 […]

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MISCELLANEOUS PROVISIONS Part XIX

January 11, 2020

MISCELLANEOUS PROVISIONS ARTICLE 361: PROTECTION OF PRESIDENT AND GOVERNORS President or Governor is not answerable to Court of Law in exercise of his or her executive powers. This exception is given because the President or Governor acts on advice of respective Council of Ministers. Therefore, they cannot be held accountable for a wrong act. No […]

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EMERGENCY PROVISIONS Part XVIII

January 11, 2020

Emergency Provisions  Part XVIII of the Constitution comprises the emergency provisions. These provisions enable the Central Government to meet any abnormal situation effectively. The Constitution recognizes three types of emergencies: National Emergency: Article 352 State Emergency (President’s Rule): Article 356 Financial Emergency: Article 360 NATIONAL EMERGENCY Under Article 352, President can declare a national emergency […]

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Why are there only 545 seats in the Lok Sabha filled when the maximum strength is 552?

January 3, 2020

The article 81 of the constitution of India provide directions for the composition of the House of the People. It says: (1) Subject to the provisions of Article 331 the House of the People shall consist of (a) not more than five hundred and thirty (530) members chosen by direct election from territorial constituencies in the States, and (b) not more than twenty […]

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Citizenship

November 20, 2019

The laws in India are governed by the Constitution of India. Citizenship Article 5 to 11 deal with the Citizenship of India. The draft regarding the citizenship was created and destroyed multiple times, before incorporating the final draft in the Constitution as Part II, it was amended over 100 times. The problem of citizenship was as […]

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Federalism in India

November 18, 2019

Nature of Indian federalism The constitution of India has not described India as a federation. However, Article 1 of Indian constitution describes India as a ‘’Union of States.’’ This means India is a union comprising of various states which are an integral part of it. Here, the states cannot break away from the union. They […]

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MAKING OF THE CONSTITUTION

November 18, 2019

Constitution is the fundamental and supreme law of a country, which describes the method of formation of Government, nature of Government, its powers and responsibilities. Our Constitution also describes who citizens are, and what are their rights and duties. SOURCES OF OUR CONSTITUTION Government of India Act, 1935, is considered as the base of the […]

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Preamble of India

November 18, 2019

The Preamble serves as an introduction to the Constitution. It was amended by the 42nd Constitutional Amendment Act in 1976, which determined to constitute India into a Sovereign, Socialist, Secular, and Democratic republic. It secures justice, liberty, equality to all the citizens of India and promotes fraternity among the people. The Preamble states: WE, THE […]

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The Editorial Decode| What are basic human rights? | Current Affairs

June 25, 2019

Link to the class: “https://www.youtube.com/watch?v=DARIawf5jKo&t=12s” ‘Fundamental’ means the Constitution has separately listed and made special provisions for the protection of ‘Fundamental Rights.’ Fundamental Rights are different from other rights (i.e. ordinary legal rights) available to the citizens of India. Ordinary legal rights are protected and enforced by ordinary law; but Fundamental Rights are protected and […]

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Office of Profit

April 12, 2019

What is the concept of ‘office of profit’? MPs and MLAs, as members of the legislature, hold the government accountable for its work. The essence of disqualification under the office of profit law is if legislators holds an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge […]

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SR Bommai Case

March 19, 2019

Who was S.R. Bommai? S.R. Bommai was the Chief Minister of the Janata Dal government in Karnataka between August 13, 1988 and April 21, 1989. His government was dismissed on April 21, 1989 under Article 356 of the Constitution and President’s Rule was imposed, in what was then a mostly common mode to keep Opposition […]

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THE PRESIDENT

March 12, 2019

THE PRESIDENT Art. 53. Executive power of the Union.— The executive power of the Union shall be vested in the President and shall be exercised by Lin either directly or through officers sub-ordinate to him in accordance with this Constitution. Without prejudice to the generality of the foregoing provision, the supreme command of the Defence […]

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WHAT EXACTLY IS DOCTRINE OF BASIC STRUCTURE?

March 12, 2019

WHAT EXACTLY IS DOCTRINE OF BASIC STRUCTURE? The concept of ‘basic structure of the Constitution’ is nowhere explicitly mentioned in the Constitution. It is a judicial innovation and was given its shape by the Supreme Court in the Keshavananda Bharati vs. State of Kerala case (1973). The Court held, that if an Amendment Act passed […]

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Directive Principles of the state Policy

March 8, 2019

ARTICLE 36: DEFINITION In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III. ARTICLE 37: APPLICATION OF THE PRINCIPLES CONTAINED IN THIS PART ARTICLE 38: STATE TO SECURE A SOCIAL ORDER FOR THE PROMOTION OF THE WELFARE OF THE PEOPLE ARTICLE 39: CERTAIN PRINCIPLES OF POLICY TO BE […]

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AMENDMENDABILTY OF FUNDAMENTAL RIGHTS

March 8, 2019

AMENDMENDABILTY OF FUNDAMENTAL RIGHTS The Fundamental Rights as provided in the Constitution of India are a guarantee against the actions of the State as well as individuals who might hinder the life and liberty of any citizen of India. As said often, they are fundamental to the existence of life of an individual. However, a […]

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Article 26 of Indian constitution

March 8, 2019

Article 26 of Indian constitution Freedom to manage religious affairs (Article 26) Article 26 reads as follows, Subject to public order, morality and health, every religious denomination or any section thereof shall have the right— to establish and maintain institutions for religious and charitable purposes; to manage its own affairs in matters of religion; to […]

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Article 25 of Indian constitution

March 8, 2019

RIGHT TO FREEDOM OF RELIGION (ARTICLE 25-28) Secularism Secularism as a modern political and constitutional principle involves two basic propositions. The first is that people belonging to different faiths and sections of society are equal before the law, the Constitution and government policy. The second requirement is that there can be no mixing up of […]

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Article 23 and 24 of Indian constitution

March 8, 2019

Article 23 and 24 of Indian constitution RIGHTS AGAINST EXPLOITATION (ARTICLES 23-24) Prohibition of traffic in human beings and forced labour (article23) As per Article 23, Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with […]

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Part 12 of the Indian constitution

March 6, 2019

Part 12 of the Indian constitution Part 12 of the Indian constitution is from Article 294 to 300 deals with the property, contracts, rights, liabilities, obligations and suits of the centre and the states. Article 294 states that all the property and assets which immediately before the commencement of the constitution were vested with the […]

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Dinesh Goswami Committee recommendations

March 6, 2019

Dinesh Goswami Committee: In 1990, Dinesh Goswami Headed a Committee made the following recommendations; Do you know about the electoral system of india? a. The ordering of re-poll or countermanding should be not only be on the report of the returning officer, but also otherwise and, also to give the Election Commission the requisite powers […]

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Article 22 of Indian constitution

March 5, 2019

Article 22 of Indian constitution Protection against arrest and detention in certain cases (Article 22) As per Article 22 — No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to […]

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Article 21A of indian constitution

March 5, 2019

Article 21 of Indian constitution  Right to Education (Article 21A) The State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State, may by law determine.” According to Supreme Court, “the right to life and dignity of an individual cannot be assured unless it is […]

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Article 21 of Indian constitution

March 5, 2019

Article 21 of Indian constitution  Protection of life and personal liberty (Article 21) According to Article 21, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Article 21 confers on every person the fundamental right to life and personal liberty. It is the most fundamental of […]

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Article 20 of Indian constitution

March 5, 2019

Protection in respect of conviction for offences (Article 20)— As per Article 20, No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been […]

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Article 19 of Indian constitution

March 5, 2019

Protection of certain rights regarding freedom of speech, etc. (Article 19) According to Article 19, All citizens shall have the right— to freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions or co-operatives; to move freely throughout the territory of India; to reside and settle in any part […]

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Article 18 of Indian constitution

March 5, 2019

Article 18 of Indian constitution Abolition of titles (Article 18) per Article 18— No title, not being a military or academic distinction, shall be conferred by the State. No citizen of India shall accept any title from any foreign State. No person who is not a citizen of India shall, while he holds any office […]

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Article 17 of Indian constitution

March 5, 2019

Abolition of Untouchability (Article 17) According to Article 17, “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law. Parliament is authorised to make a law prescribing the punishment for violation of Fundamental Rights (Art. 35), […]

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Article 16

March 5, 2019

Equality of opportunity in matters of public employment (Article 16) Article 16 states, There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, […]

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What is Doctrine of Eclipse?

March 4, 2019

The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid. It is not dead totally but overshadowed by the fundamental right. The inconsistency (conflict) can be removed by constitutional amendment to the relevant fundamental right so that eclipse vanishes and the entire law becomes valid. Explanation When a Court strikes a part of law, it becomes unenforceable. […]

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Punchhi Commission recommendations

March 2, 2019

Punchhi report There should be an amendment in Articles 355 and 356 to enable the Centre to bring specific trouble- torn areas under its rule for a limited period. I. The commission has proposed “localising emergency provisions” under Articles 355 and 356, con­tending that localised areas-either a district or parts of a district – be […]

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Are the amendments to the Constitution of India outside of Article 368 counted?

March 2, 2019

Article 368  Outside of Article 368 (special majority of parliament/special majority of parliament+50% state ratification), there are some articles which provide for amendment of provisions of constitution by a simple majority of parliament. But these amendments are not deemed to be ones under Article 368 (though they are amendments). These amendments are small ones like […]

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Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15)

March 2, 2019

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15) Article 15 says – The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. No citizen shall, on grounds only of religion, race, caste, sex, place […]

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Equality before law and equal protection of laws (Article 14)

March 2, 2019

Equality before law and equal protection of laws (Article 14) According to Article 14, “The State shall not deny to any person equality before the law or the equal protection laws within the territory of India”. Prima facie, the terms ‘equality before the law’ and ‘equal protection of the laws’ may seem to be identical, […]

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CLASSIFICATION OF FUNDAMENTAL RIGHTS

March 2, 2019

The provisions of Part III of our Constitution which enumerate the Fundamental Rights are more elaborately mentioned than those in any other existing written constitutions. The Constitution itself classifies the Fundamental Rights. Originally, the Constitution provided for seven Fundamental Rights. There are now six Fundamental Rights which are grouped as follows: Right to equality (Art. […]

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The Significance of the 24th Amendment to the Constitution of India

March 2, 2019

The procedure for amending the Indian Constitution is neither flexible nor rigid, but a combination of both. Article 368 in Part XX of the Constitution deals with the powers of the Parliament to amend the Constitution and its procedure. The Parliament may in the exercise of its constituent power amend by way of addition, variation […]

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Article 31a, 31b & 31c of Indian Constitution: Property Rights In Indian Constitution

March 2, 2019

The Preamble of our constitution states that the India will work towards providing social, economic and political justice to its citizens. This simple statement has a wide meaning. For example, to provide economic justice to the population at large, there first needs to be economic growth, which means growth of the three sectors- primary, secondary […]

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Minerva mill Case explained

March 2, 2019

Minerva Mills case Minerva Mills case 1980 was a one of the landmark judgments of the Supreme Court of India. It strengthened the ‘Doctrine of Basic Structure’ which was propounded by the court in the historic Keshavananda Bharti case 1973. By this judgement, the court declared two changes made in the Constitution by the 42nd Amendment Act […]

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What is Maneka Gandhi Case?

March 1, 2019

This case is a landmark judgement which played the most significant role towards the transformation of the judicial view on Article 21 of the Constitution of India so as to imply many more fundamental rights from article 21. This case is always read and linked with A.K. Gopalan v. State of Madras case, because this case revolves around the […]

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What is AK Gopalan Case?

March 1, 2019

Ak Gopalan case As we know that the Article 21 of the Indian Constitution states that: “No person shall be deprived of life or personal liberty except according to the procedure established by law”. AK Gopalan Case VS State of Madras: Ak Gopalan was a communist leader who was detained in the Madras Jail under […]

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Why can’t we file a case against the President when he is in power?

March 1, 2019

Article 361 of the Constitution of India: Protection of President and Governors and Rajpramukhs.- (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done […]

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Why was ‘right to property’ removed from fundamental rights and kept as a legal right, in India?

March 1, 2019

The mood after independence was to further the Socialistic policy pursued by the then Prime Minister of India, Jawahar Lal Nehru and to abolish Zamindari and other rural intermediaries who under colonial rule had gained rights over vast tract of lands. When the government took steps to abolish these institutions, such moves were challenged using […]

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What is the difference between equality before law and equal protection of laws? How do they fit in the Indian context?

March 1, 2019

Article 14 (1) of constitution of india states equality before law – every person is equal in the eyest of law and no one is entitled of special priviledges Article 14(2) of constitution of india states equal protection of law-that means every person will be proctected equally. here what makes the difference is the word “protection” . that means, […]

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MEANING OF THE STATE AND LAW FOR PART Ill

March 1, 2019

Article 12. Definition of the State Article 12 of the Constitution simply provides the definition of the State, which says that the State” includes a) the Government and Parliament of India, b) the Government and the Legislature of each of the States, c) all local authorities, and d) other authorities, within the territory of India […]

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Difference between NRI, OCI and PIO

March 1, 2019

Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli (citizenship by right of birth within the territory). Prior to 2011, the External Affairs Ministry was running a separate scheme for Person of Indian Origin (PIO). They are Indian-origin people up to four generations removed, except those living in […]

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Q.With respect to acquiring Indian citizenship, what is the difference between by descent, by registration and by naturalisation?

March 1, 2019

Acquiring citizenship through descent takes into consideration the citizenship status of either of their parents ( since 2004) Whereas registration and naturalisation are applications for citizenship by hitherto non-citizens. Major difference being, registration for those who were once indian citizens but had for some reasons have left indian citizenship.. whereas naturalisation is for a foreigner who wishes to acquire indian citizenship….. […]

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What is the Berubari case (1960)?

March 1, 2019

At the time of partition of India and Pakistan, the task of demarcation of boundaries was assigned to Sir Radcliffe.(it was decided that task of demarcation shall be assigned to a person who doesn’t know about geography of India and never visited it. This was to ensure no bias while demarcation) He distributed Thanas between […]

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Q.Is a constitutional amendment necessary for the creation of a new state in India?

March 1, 2019

The provisions for creating new states, and changing the boundaries of new states are provided in Articles 2-4 of the Constitution. Simply put, a simple law passed by both the Lok Sabha and Rajya Sabha is enough to create a new state.  However, only the central government (“President”) can introduce a Bill for this purpose.  And before […]

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Special Provisions in the Constitution Part 21 of the constitution

March 1, 2019

SPECIAL STATUS OF J & K (Article 370) • Jammu & Kashmir has truly federal relation with the union. • J & K got independence on 15th Aug, 1947 along with India, but daunted with the problems of forced annexation with Pakistan, it signed the Instrument of Accession with India & became a part of […]

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What was Golaknath Case?

March 1, 2019

Brief background of the case : The family of Henry and William Golaknath held over 500 acres of farmland in Jalandar, Punjab. In the face of 1953 Punjab Security and Land Tenures Act, the state government held that the brothers could keep only thirty acres each, a few acres would go to tenants and the […]

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What was keshvananda bharti case?

March 1, 2019

Keshvananda bharti case “ This case is famous for the victory of Indian Constitution, and is remarkable for the fight between the Parliament and Judiciary ” If you are a law aspirant then you must remember the date 24 April, 1973 not only for the birthdate of Sachin Tendulkar but also on the same date this remarkable case was decided, which has been playing […]

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THE UNION AND ITS TERRITORY

March 1, 2019

THE UNION AND ITS TERRITORY Articles 1 to 4 under Part — I of the Constitution deal with the Union and its territory. Articles Provisions Article 1 Name and territory of the Union Article 2 Admission or establishment of new States Article 3 Formation    of    new    States    and    alteration    of   areas, boundaries or names of […]

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MEANING OF THE STATE AND LAW FOR PART Ill

March 1, 2019

MEANING OF THE STATE AND LAW FOR PART Ill Article 12. Definition of the State Article 12 of the Constitution simply provides the definition of the State, which says that the State” includes a) the Government and Parliament of India, b) the Government and the Legislature of each of the States, c) all local authorities, […]

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Types of majority required for amending the constitution

February 28, 2019

There are Four type of majorities mentioned in Constitution of India – 1. Simple/Functional Majority- more than 50% of members present and voting. Usage– Confidence Motion No Confidence motion vote of thanks to the President of India Censure motion Adjournment motion etc. For Ordinary Money and Finance bills Election of Speaker, Dy. Speaker of Lok […]

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 FEDERAL AND UNITARY FEATURES OF INDIAN STATE

February 28, 2019

 FEDERAL AND UNITARY FEATURES OF INDIAN STATE Is the Indian Constitution federal, unitary or quasi-federal? The members of the Drafting Committee of the Constituent Assembly of India called it federal. But there are jurists who dispute this title. It is, therefore, imperative to ascertain, what is a federal Constitution and what are its essential characteristics? […]

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SALIENT FEATURES OF THE CONSTITUTION OF INDIA

February 28, 2019

SALIENT FEATURES OF THE CONSTITUTION OF INDIA The Constitution of India expresses the vision of India as a democratic nation. While doing so, it also reflects core constitutional values. Constitutional values mentioned in the Preamble permeate all the salient features of Indian Constitution. The salient features of the Constitution are as follows: Longest written Constitution […]

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PREAMBLE of Indian Constitution 

February 28, 2019

PREAMBLE of Indian Constitution  Parts of Indian constitution The Preamble to any Constitution is a brief introductory statement that conveys the guiding principles of the document. It is like an introduction or preface of a book. As an introduction, it is not a part of the contents but it explains the purposes and objectives with […]

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Parts of the Indian Constitution

February 28, 2019

Parts of the Indian Constitution | Parts of the Indian Constitution Making of Indian constitution  Parts Title Articles Part I The Union and its Territory Articles 1-4 Part II Citizenship Articles 5-11 Part III Fundamental Rights Articles 12-35 Part IV Directive Principles of State Policy Articles 35-51 Part IV-A Fundamental Duties Article 51A Part V The […]

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Schedules of the Indian Constitution

February 28, 2019

Schedules of the Indian Constitution | Schedules of the Indian Constitution The Constitution of India at the time of adoption had only eight Schedules to which four more were added during the last fifty-seven years through various amendments.   First Schedule Contains the list of the States and Union Territories.     Second Schedule It consists […]

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DIFFERENT SOURCES OF THE INDIAN CONSTITUTION

February 28, 2019

DIFFERENT SOURCES OF THE INDIAN CONSTITUTION Objective resolution The architects of Indian Constitution went through all the then existing major Constitutions of the world before drafting their own and as Dr. Ambedkar observed, they tried to accommodate the best possible and time-tested features of each of them to the requirement of the country. Therefore, Constitution […]

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FRAMING OR MAKING OF THE INDIAN CONSTITUTION

February 28, 2019

 FRAMING OR MAKING OF THE INDIAN CONSTITUTION  FRAMING OR MAKING OF THE INDIAN CONSTITUTION- A Constitution is a document of peoples’ faith and aspirations possessing a special legal sanctity. It is the fundamental law of a country and all other laws and customs of the country in order to be legally valid shall conform to the […]

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Objective Resolution

February 28, 2019

Objective Resolution The Constitution is the supreme law of the nation. It cannot be drafted or adopted in a hurry. It must have a philosophical base — reflecting the nation’s ethos and the vision of its leaders, past and present. The philosophy underlying the Indian Constitution was embodied quite early in the Objective Resolution which […]

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Introduction to constitution of India

January 16, 2019

The constitution of a country is a document that comprises a set of written rules accepted by everyone living together in that country. The Constitution of a country is the supreme law of the land and it determines the relationship among people living in that country and also regulates the government and its policies towards […]

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Polity test

January 16, 2019

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