Constitution - General Facts 2

  • Right to privacy is a fundamental right under Article 21.
  • Under article 359, the president can suspend some fundamental rights, i.e., one cannot approach any court for the enforcement of fundamental rights during the Emergency. It may extend to the entire nation or a part of it.
  • Sikkim was added into India in 1975 through the 36th constitutional amendment.
  • Freedom of religion is applicable to foreign nationals residing in India.
  • IR Coelho Case (2007) is also known as the Ninth Schedule Case.
  • Golaknath Case and Minerva Mills case dealt with the disputes between the fundamental rights and the directive principles.
  • Bicameralism is not necessary for a state to be federal.
  • Federal features of Indian Constitution are - Division of powers, the written constitution, the supremacy of the constitution, the rigidity of constitution, Independent judiciary and bicameralism.
  • Under preventive detention, a person need not be informed about the reason for his detention if it is against the public interest. Also, a person can be detained for more than 24 hours without magistrates approval. But the person can be represented by a lawyer.
  • Bill of rights - List of rights mentioned and protected by the constitution is called the bill of rights. A bill of rights prohibits government firn acting against the rights of the individuals and ensure a remedy in case of violation.
  • Lokpal will consist of a chairperson with a maximum of 8 members of which 50% shall be judicial members, 50% of Lokpal will be from SCs, STs, OBCs, Minorities, and Women. Lokpal will have superintendence and direction over any investigative agency including CBI for the cases referred to them by Lokpal.
  • Right to form cooperative societies is a fundamental right.
  • NHRC consists of former CJI as its chairperson and other members who include Former SC judge, Former CJ of HC and two members who have the knowledge and practical experience in matters related to the human rights. NHRC does not have powers of prosecution.
  • Fundamental duties only extend to citizens and not to foreigners.
  • CAG is NOT ELIGIBLE for further office after he ceases to be CAG.
  • UPSC chairman is NOT ELIGIBLE for any further office, but other members will be ELIGIBLE to either become UPSC chairman or any SPSC Chairman and not any other employment.
  • SHRC can inquire into the matters enlisted in state and concurrent lists.
  • Finance Commission is a quasi-judicial body, it shall have all the powers of a civil court and can order for civil records from any court or office. FC shall be deemed to be a civil court for the purposes of sections 480 and 482. 
  • Rule Of Law is an authority and influence of law on society, especially when viewed as a constraint on individual and institutional behavior. Article 14 of the Indian constitution lays the foundations of rule of law in India. Article 14 form the basic feature of the constitution.
  • State Information Commision consist of a state information commissioner and not more than 10 information commissioners. All of them are appointed by the governor on the recommendation of a committee consisting of CM, Leader of Opposition in assembly and a state cabinet minister nominated by CM. Governor can remove SIC and can refer the matter to SC for inquiry.
  • Article 13 provides for the judicial review. "Law" in article 13 defines 'ordinary law', 'Customs of people having the force of law' and do not include constitutional amendments under article 368.
  • Prescribing residence as a condition for some job can only be done by the parliament.
  • Restriction and abrogation of fundamental rights to armed forces and police forces only rest with parliament.
  • Indian secularism is different from the one that is followed in the west. In India, the government can and will involve in religious matters like throwing open Hindu religious institutions to all sections.
  • Restrictions on freedom of speech and expression(Art 19) are not justiciable in nature.
  • Only the court has the power to decide if a matter forms the basic structure of the constitution or not.
  • Rajendra Prasad was elected as the president by the constitutional assembly on 24th January 1950.
  • The only provision of the constitution that has been passed without any debate in constituent assembly is Universal Adult Suffrage.
  • Objectives resolution was the resolution that defined the aims of the constituent assembly. Ordinary legal rights are protected and enforced by ordinary laws, these can be changed by the legislature by the ordinary process of lawmaking.

  • Right to privacy is a fundamental right under Article 21.
    • Under article 359, the president can suspend some fundamental rights, i.e., one cannot approach any court for the enforcement of fundamental rights during the Emergency. It may extend to the entire nation or a part of it.
    • Sikkim was added into India in 1975 through the 36th constitutional amendment.
    • Freedom of religion is applicable to foreign nationals residing in India.
    • IR Coelho Case (2007) is also known as the Ninth Schedule Case.
    • Golaknath Case and Minerva Mills case dealt with the disputes between the fundamental rights and the directive principles.
    • Bicameralism is not necessary for a state to be federal.
    • Federal features of Indian Constitution are - Division of powers, the written constitution, the supremacy of the constitution, the rigidity of constitution, Independent judiciary and bicameralism.
    • Under preventive detention, a person need not be informed about the reason for his detention if it is against the public interest. Also, a person can be detained for more than 24 hours without magistrates approval. But the person can be represented by a lawyer.
    • Bill of rights - List of rights mentioned and protected by the constitution is called the bill of rights. A bill of rights prohibits government firn acting against the rights of the individuals and ensure a remedy in case of violation.
    • Lokpal will consist of a chairperson with a maximum of 8 members of which 50% shall be judicial members, 50% of Lokpal will be from SCs, STs, OBCs, Minorities, and Women. Lokpal will have superintendence and direction over any investigative agency including CBI for the cases referred to them by Lokpal.
    • Right to form cooperative societies is a fundamental right.
    • NHRC consists of former CJI as its chairperson and other members who include Former SC judge, Former CJ of HC and two members who have the knowledge and practical experience in matters related to the human rights. NHRC does not have powers of prosecution.
    • Fundamental duties only extend to citizens and not to foreigners.
    • CAG is NOT ELIGIBLE for further office after he ceases to be CAG.
    • UPSC chairman is NOT ELIGIBLE for any further office, but other members will be ELIGIBLE to either become UPSC chairman or any SPSC Chairman and not any other employment.
    • SHRC can inquire into the matters enlisted in state and concurrent lists.
    • Finance Commission is a quasi-judicial body, it shall have all the powers of a civil court and can order for civil records from any court or office. FC shall be deemed to be a civil court for the purposes of sections 480 and 482. 
    • Rule Of Law is an authority and influence of law on society, especially when viewed as a constraint on individual and institutional behavior. Article 14 of the Indian constitution lays the foundations of rule of law in India. Article 14 form the basic feature of the constitution.
    • State Information Commision consist of a state information commissioner and not more than 10 information commissioners. All of them are appointed by the governor on the recommendation of a committee consisting of CM, Leader of Opposition in assembly and a state cabinet minister nominated by CM. Governor can remove SIC and can refer the matter to SC for inquiry.
    • Article 13 provides for the judicial review. "Law" in article 13 defines 'ordinary law', 'Customs of people having the force of law' and do not include constitutional amendments under article 368.
    • Prescribing residence as a condition for some job can only be done by the parliament.
    • Restriction and abrogation of fundamental rights to armed forces and police forces only rest with parliament.
    • Indian secularism is different from the one that is followed in the west. In India, the government can and will involve in religious matters like throwing open Hindu religious institutions to all sections.
    • Restrictions on freedom of speech and expression(Art 19) are not justiciable in nature.
    • Only the court has the power to decide if a matter forms the basic structure of the constitution or not.
    • Rajendra Prasad was elected as the president by the constitutional assembly on 24th January 1950.
    • The only provision of the constitution that has been passed without any debate in constituent assembly is Universal Adult Suffrage.
    • Objectives resolution was the resolution that defined the aims of the constituent assembly. Ordinary legal rights are protected and enforced by ordinary laws, these can be changed by the legislature by the ordinary process of lawmaking.