INDIA LAW LOOK: July 2024

Tuesday, July 30, 2024

THE CONSTITUTION INDIA,ARTICAL:345-347

THE CONSTITUTION INDIA, ARTICAL:345-347

REGIONAL LANGUAGES (OFFICIAL LANGUAGE)

ARTICAL:345-347

OFFICIAL LANGUAGE OR LANGUAGES OF A STATE

Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State:

Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution

THE CONSTITUTION INDIA, ARTICLE: 393-395

SHORT TITLE COMMENCEMENT AUTHORITATIVE TEXT IN HINDI AND REPEALS

ARTICLE: 393-395

SHORT TITLE.

This Constitution may be called the Constitution of India

COMMENCEMENT

This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.

THE CONSTITUTION INDIA, ARTICAL:348-349

LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC (OFFICIAL LANG UAGE)

ARTICAL:348-349

LANGUAGE TO BE USED IN THE SUPREME COURT AND IN THE HIGH COURTS AND FOR ACTS, BILLS, RTC

(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides—

(a) all proceedings in the Supreme Court and in every High Court,

(b) the authoritative texts—

THE CONSTITUTION INDIA, ARTICLE: 350-351

SPECIAL DIRECTIVES (OFFICIAL LANGUAGE)

ARTICLE: 350-351

LANGUAGE TO BE USED IN REPRESENTATIONS FOR REDRESS OF GRIEVANCES

Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be

1[FACILITIES FOR INSTRUCTION IN MOTHER-TONGUE A PRIMARYSTAGE]

It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to

THE CONSTITUTION INDIA, ARTICAL:352-360

EMERGENCY PROVISISONS

ARTICAL:352-360

PROCLAMATION OF EMERGENCY

(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or 1[armed

rebellion], he may, by Proclamation, make a declaration to that effect 2[in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.]

THE CONSTITUTION INDIA, ARTICAL:361-367

MISCELLANEOUS

ARTICAL:361-367

PROTECTION OF PRESIDENT AND GOVERNORS AND REJPRAMUGHS

(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 by him in the exercise and performance of those powers and duties:

Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61:

Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the

THE CONSTITUTION INDIA, ARTICAL:369-392

TEMPORARY, TRANSITIONAL, AND SPECIAL PROVISIONS

ARTICAL:369-392

TEMPORARY, POWER TO PARLIAMENT TO MAKE LAWS WITH RESPECT TO CERTAIN MATTERS IN THE STATE LIST AS IF THEY WERE MATTERS IN THE CONCURRENT LIST

Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power

to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:—

THE CONSTITUTION OF INDIA, TOTAL ARTICAL: 52-78

THE UNION - THE EXECUTIVE.

TOTAL ARTICAL: 52-78

THE PRESIDENT OF INDIA

There shall be a President of India.

EXECUTIVE POWER OF THE UNION

(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the

President and the exercise thereof shall be regulated by law.

(3) Nothing in this article shall-

(a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority

(b) prevent Parliament from conferring by law functions on authorities other than the President.

THE CONSTITUTION OF INDIA, ARTICAL:148-151

THE UNION COMPTROLLER AND AUDITOR-GENERAL OF INDIA

ARTICAL:148-151

COMPTROLLER AND AUDITOR-GENERAL OF INDIA

(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the

President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.

(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the

President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (SIXTY-SEVENTH AMENDMENT) ACT, 1990

SECTION OF: 1-4

SIXTY-SEVENTH AMENDMENT

Statement of Objects and Reasons appended to the Constitution(Seventy-sixth Amendment) Bill, 1990 (Bill No. 158 of 1990) which wasenacted as THE CONSTITUTION (Sixty-seventh Amendment) Act, 1990

FAT COUPON

STATEMENT OF OBJECT AND REASONS

Under clause (4) of article 356 of the Constitution, no Proclamationissued under that article and approved by both the Houses ofParliament shall remain in force for more than three years. However,under clause (5) of the said article, a resolution approving thecontinuance in force of a Proclamation issued under clause (1) of thatarticle beyond a period of one year cannot be passed by either Houseof Parliament unless the two conditions relating to a Proclamation ofEmergency being in operation in the whole or any part of the State andthe certificate by the Election Commission that the continuation ofthe Proclamation issued under clause (1) is necessary on account ofdifficulties in holding general elections to the Legislative Assemblyof the State as specified in that clause are met. The three yearperiod in the case of Proclamation issued on 11th May, 1987 withrespect to the State of Punjab was extended to three years and sixmonths by the Constitution (Sixty-fourth Amendment) Act, 1990 andclause (5) of article 356 was also suitably amended by that Act in theexpectation that it would be possible to hold elections to theLegislative Assembly of that State. The prevailing circumstances inthe State, however, still do not hold out prospects for free andpeaceful elections to the State Legislative Assembly. Clause (4) ofarticle 356 of the Constitution is, therefore, proposed to be amendedso as to facilitate the extension of the said Proclamation up to atotal period of four years in relation to the State of Punjab.

2. The Bill seeks to achieve the above objects.

TOP COUPON CODES

NEW DELHI; MUFTI MOHAMMED SAYEED

The 1st October, 1990.

THE CONSTITUTION (SIXTY-SEVENTH AMENDMENT) ACT, 1990

[4th October, 1990.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-first Year of the Republic ofIndia as follows:-

1. Short title.- This Act may be called the Constitution(Sixty-seventh Amendment) Act, 1990.

2. Amendment of article 356.-In article 356 of the Constitution, inclause (4), in the third proviso, for the words "three years and sixmonths", the words "four years" shall be substituted.

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FAQ

What is the first category of amendments?

The first category of amendments are those which fall under Articles 4(2), 169, 239A(2), 239AA(7b), 243M(4b), 243ZC(3), 244A(4), 312(4), para 7(2) of Schedule V and para 21(2) of Schedule VI. These amendments can be made by Parliament by a simple majority, as is required to pass any ordinary law.

What are the amendments to the Constitution?

1. Dy. By section of the Constitution (Seventh Amendment) Act, 1956. 17, for the heading "States in Part C of the First Schedule" (w.e.f. 1-11-1956). 2. Sub. As above, for Art. 239 and 240. 3. In. By section of the Constitution (Fourteenth Amendment) Act, 1962. 4 (from 28-12-1962) 4.

What are the amendments in Article 150 of the Constitution?

Amendment of Article 150.- In Article 150 of the Constitution, for the words "after consultation", the words "on the advice of" will be substituted. 23. Amendment of Article 166-Clause (4) of Article 166 of the Constitution shall be deleted. 24. Amendment of Article 172.-

ARTICLE RELATED TO:

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AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (TWENTIETH AMENDMENT) ACT, 1966

SECTION OF: 1-4

TWENTY-THIRD AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Twenty-third Amendment) Bill, 1966 which was enacted as the CONSTITUTION (Twentieth Amendment) Act, 1966

STATEMENTS OF OBJECTS AND REASONS

Appointment of district judges in Uttar Pradesh and a few other States have been rendered invalid and illegal by a recent judgment of the Supreme Court on the ground that such appointments were not made in accordance with the provisions of Article 233 of the Constitution. In another judgment, the Supreme Court had held that the power of posting a district judge under Article 233 does not include the power of transfer of such judge from one station to another and that the power of transfer of a district judge is vested in the High Court under article 235 of the Constitution. As a result of these judgments, a serious situation has arisen because doubt has been thrown on the validity of the judgments, decrees, orders, and sentences passed or made by these district judges and a number of writ petitions and other cases have already been filed challenging their validity. The functioning of the district courts in Uttar Pradesh has practically come to a standstill. It is, therefore, urgently necessary to validate the judgments, decrees, orders, and sentences passed or made heretofore by all such district judges in those States and also to validate the appointment, posting, promotion, and transfer of such district judges barring those few who were not eligible for appointment under article 233.

THE CONSTITUTION OF INDIA, ARTICAL:79-122

THE UNION-PARLIAMENT.

ARTICAL:79-122

CONSTITUTION OF PARLIAMENT

There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.

COMPOSITION OF THE COUNCIL OF STATES

(1)The Council of States shall consist of—

(a) twelve members to be nominated by the President in accordance with the provisions of clause (3)

(b) not more than two hundred and thirty-eight representatives of the States 3 [and of the Union territories.

(2) The allocation of seats in the Council of States to be filled by representatives of the States 3

and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.

(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical

THE UNION-THE UNION JUDICIARY.

ARTICAL: 124-147

ESTABLISHMENT AND CONSTITUTION OF SUPREME COURT

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal 2 on the recommendation of the National Judicial Appointments Commission referred to in article 124A and shall hold office until he attains the age of sixty-five years:

THE CONSTITUTION OF INDIA, ARTICAL:36-51

DIRECTIVE PRINCIPLES OF STATE POLICY.

ARTICAL:36-51

DEFINITON.

In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.

APPLICATION OF THE PRINCIPLES CONTAINED IN RHIS PART.

The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

THE CONSTITUTION OF INDIA, ARTICAL:51-51

FUNDAMENTAL DUTIES

ARTICAL:51-51

It shall be the duty of every citizen of India.

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag, and the Anthem.

(b) to cherish and follow the noble ideals that inspired our national struggle for freedom.

(d) to defend the country and render national service when called upon.

(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and

THE CONSTITUTION OF INDIA,ARTICLE: 12-35

FUNDAMENTAL RIGHTS

ARTICLE: 12-35

DEFINITION

In this Part, unless the context otherwise requires, “The State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

LAWS INCONSISTENT WITH OR IN DEROGATION OF THE FUNDAMENTAL RIGHTS.

THE CONSTITUTION OF INDIA :CITIZENSHIP,ARTICLE 5-11

THE CONSTITUTION OF INDIA : CITIZENSHIP,ARTICLE 5-11

CITIZENSHIP

ARTICLE 5-11

CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION

At the commencement of this Constitution, every person who has his domicile in the territory of India and

(a) who was born in the territory of India.

(b) either of whose parents was born in the territory of India.

(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.

THE CONSTITUTION OF INDIA1950

THE CONSTITUTION OF INDIA

Act Number: 1

Enactment Date: 1949-11-26

Act Year: 1950

Short Title: The Constitution of India

Long Title: We, The People of India, having solemnly resolved to constitute India into a 1 Sovereign Socialist Secular Democratic Republic and to secure to all its citizens: Justice, social, economic and political

Ltberty of thought, expression, belief,faith and worship

THE CONSTITUTION INDIA, ARTICLE:368

AMENDMENT OF THE CONSTITUTION

ARTICLE:368

1[POWER OF PARLIAMENT TO AMEND THE CONSTITUTION AND PROCEDURE THEREFOR]

2[(1) Notwithstanding anything in this Constitution,

Parliament may in the exercise of its constituent power amend by way of addition, variation, or repeal any provision of this Constitution in accordance with the

procedure laid down in this article.]

THE CONSTITUTION INDIA, ARTICAL:323-329A

ELECTIONS

ARTICAL:323-329A

SUPERINTENDENCE, DIRECTION, AND CONTROL OF ELECTIONS TO BE VESTED IN AN ELECTION

(1) The superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution 1 * shall be vested in a Commission (referred to in this Constitution as the Election