Jurisprudence ,Interpretation and General Laws Constitution of India
Constitution Of India
Pillars of our Constitution:
1)Legislature
2)Executive
3)Judiciary
1)Legislature:(Law Maker body)
Law is made by Parliament and State Legislative Assembly.
Law made by Parliament is applicable to whole of India.
Law made by State Legislative Assembly is applicable to that particular state.
The authority to make law is mentioned in the lists.
There are three lists in India:
Union list State list Concurrent list
Central Govt. State Govt. Central/State both.
->Legislature – Makes the law.
2)Executive:(Law implementing body)
Ministry of Finance, Ministry of Foreign Affairs, Income Tax Department ,RBI,
SEBI, Municipality, etc executes the law.
3)Judiciary:(Dispute solving body)
The disputes in the country are solved by this body. Disputes are solved by
District Court, High Court, Supreme Court.
PREAMBLE
On 26 Nov. 1949 Constitution was adopted.
On 25 Jan. 1950 Constitution was applied.
We the people of India:
Democratic-Every person has right to vote. No Discrimination.
Solemnly- Together.
Constitute India- Make.
Sovereign-Supreme ruler.
UNIQUE ACADEMY CS Shubham Modi 8087676157
,Jurisprudence ,Interpretation and General Laws Constitution of India
Democratic-Rights.
Secular- not subject to or bound by religion.
Republic-Public will choose its leader.
The Preamble to the Constitution states;
We the People of India having Solemnly resolved to Constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure all its
citizens:
JUSTICE, social, economic and political;
LIBERTY of thoughts, expressions, belief, faith and worship; EQUALITY of status
and of opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of
the Nation;
Structure of the Constitution:
Constitution of India is basically Federal but with some Unitary features.
India is a federal country-
a)Central Govt.-Makes law that is applicable to the whole of India; and
b)State Govt.- Makes law that is applicable to that particular state.
Federal Features-
Dual Government(Central and state government).
Distribution of power.
Supremacy of the Constitution.
Independence of Judiciary.
Written Constitution.
Rigid Procedure for the amendment of the Constitution.
Unitary Features-
Single Citizenship.
Emergency Power.
Strong centre.
Residuary Power.
Single Constitution.
Indian Constitution is Quasi Federal
In India, Union govt. have more power, people have one citizenship but two
govt.- Central and state govt.
Supreme Court is the highest Court of law. No one can go against it.
UNIQUE ACADEMY CS Shubham Modi 8087676157
, Jurisprudence ,Interpretation and General Laws Constitution of India
State
Article 12 of the constitution states that, unless the context otherwise requires
state includes:
a)The Government and Parliament of India
b)The Government and Legislature of each State; and
c)all local or other authorities: (a) within the territory of India; or (ii) under the
control of Government of India.
In the important case law Ajay Hasia v. Khalid Mujib:
Supreme court decided which govt. body, department, etc will be considered
as State
Supreme Court has pointed out that corporation acting as the agency of the
government would become ‘State’ if:
a)Entire share capital is held by the government.
b)Financial assistance to meet entire expenditure of the corporation.
c)Corporation enjoys monopoly, protected by State.
d)Deep and pervasive State control.
e)Main function is of public importance and closely related to govt. functions.
f)Department of government is transferred to corporation.
Justifiability of Fundamental Rights:
Article 13-rules regarding inconsistence laws
Existing laws/Pre Constitutional laws: Article 13(1)
Laws in force before commencement of constitution. All the pre-constitutional
laws are void to the extent to which they are inconsistence with the
fundamental rights.
Future laws/Post Constitutional laws: Article 13(2)
Laws made after the commencement of constitution. State shall not make any
laws which will be inconsistent with the fundamental rights. If made they will
be void.
Right of Equality(Article 14 to 18)
UNIQUE ACADEMY CS Shubham Modi 8087676157
Constitution Of India
Pillars of our Constitution:
1)Legislature
2)Executive
3)Judiciary
1)Legislature:(Law Maker body)
Law is made by Parliament and State Legislative Assembly.
Law made by Parliament is applicable to whole of India.
Law made by State Legislative Assembly is applicable to that particular state.
The authority to make law is mentioned in the lists.
There are three lists in India:
Union list State list Concurrent list
Central Govt. State Govt. Central/State both.
->Legislature – Makes the law.
2)Executive:(Law implementing body)
Ministry of Finance, Ministry of Foreign Affairs, Income Tax Department ,RBI,
SEBI, Municipality, etc executes the law.
3)Judiciary:(Dispute solving body)
The disputes in the country are solved by this body. Disputes are solved by
District Court, High Court, Supreme Court.
PREAMBLE
On 26 Nov. 1949 Constitution was adopted.
On 25 Jan. 1950 Constitution was applied.
We the people of India:
Democratic-Every person has right to vote. No Discrimination.
Solemnly- Together.
Constitute India- Make.
Sovereign-Supreme ruler.
UNIQUE ACADEMY CS Shubham Modi 8087676157
,Jurisprudence ,Interpretation and General Laws Constitution of India
Democratic-Rights.
Secular- not subject to or bound by religion.
Republic-Public will choose its leader.
The Preamble to the Constitution states;
We the People of India having Solemnly resolved to Constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure all its
citizens:
JUSTICE, social, economic and political;
LIBERTY of thoughts, expressions, belief, faith and worship; EQUALITY of status
and of opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of
the Nation;
Structure of the Constitution:
Constitution of India is basically Federal but with some Unitary features.
India is a federal country-
a)Central Govt.-Makes law that is applicable to the whole of India; and
b)State Govt.- Makes law that is applicable to that particular state.
Federal Features-
Dual Government(Central and state government).
Distribution of power.
Supremacy of the Constitution.
Independence of Judiciary.
Written Constitution.
Rigid Procedure for the amendment of the Constitution.
Unitary Features-
Single Citizenship.
Emergency Power.
Strong centre.
Residuary Power.
Single Constitution.
Indian Constitution is Quasi Federal
In India, Union govt. have more power, people have one citizenship but two
govt.- Central and state govt.
Supreme Court is the highest Court of law. No one can go against it.
UNIQUE ACADEMY CS Shubham Modi 8087676157
, Jurisprudence ,Interpretation and General Laws Constitution of India
State
Article 12 of the constitution states that, unless the context otherwise requires
state includes:
a)The Government and Parliament of India
b)The Government and Legislature of each State; and
c)all local or other authorities: (a) within the territory of India; or (ii) under the
control of Government of India.
In the important case law Ajay Hasia v. Khalid Mujib:
Supreme court decided which govt. body, department, etc will be considered
as State
Supreme Court has pointed out that corporation acting as the agency of the
government would become ‘State’ if:
a)Entire share capital is held by the government.
b)Financial assistance to meet entire expenditure of the corporation.
c)Corporation enjoys monopoly, protected by State.
d)Deep and pervasive State control.
e)Main function is of public importance and closely related to govt. functions.
f)Department of government is transferred to corporation.
Justifiability of Fundamental Rights:
Article 13-rules regarding inconsistence laws
Existing laws/Pre Constitutional laws: Article 13(1)
Laws in force before commencement of constitution. All the pre-constitutional
laws are void to the extent to which they are inconsistence with the
fundamental rights.
Future laws/Post Constitutional laws: Article 13(2)
Laws made after the commencement of constitution. State shall not make any
laws which will be inconsistent with the fundamental rights. If made they will
be void.
Right of Equality(Article 14 to 18)
UNIQUE ACADEMY CS Shubham Modi 8087676157
