Constitutional Law Flashcards
3 important cases of FR vs parl privileges
- Keshav sigh case - art 21 not subject to pp
- Blitz case- art 22
- Searchlight case - upheld privilege to bar inaccurate report 19 (1) (a)
3 important cases under art 311
Khem Chand case - deny his guilt and establish innocence - only when he knows the charges levelled against him, cross examine the witness
Uoi vs tr varma
Md ECIL vs B karunakar
UOI vs Tr Varma 311
Natural justice
Gave a list w/O being exhaustive
- Adduce
- Opposition
- Cross examine
- No evidence heard- w/O opportunity to explain them
Md ecil vs b karunakar
Reasonable opportunity even under post amendment law
Disciplinary committee- enquiry officers report -observation and comment
If not - denial of reasonable opportunity
But doesn’t automatically reverse
Broad structure of 310 and 311
- 310
- 311
- 4case— reasonable opportunity means opportunity to deny his guilt and establish his innocence which can only be done if he knows what charges are
Leveller against him,,, tr varma, tulsi ram patel, md ecil vs b karunakar - In a 2023 case ( yogeeta Chandra ) - pertaining to dismissal of a judicial officer for hiding info regarding his criminal case while making application ,, court held that no need of enquiry under art 311, since it was not for misconduct but for hiding info in application form.
- Exceptions to 311
- Exceptions to doctrine of pleasure
What’s the courts opinion on curtailment of FR during emergency
Makhan singh vs state of Punjab
1. Best left to the executive.. Only they will be able to assess
- Abuse - political argument
2 cases wrt scope of judicial review of presidents rule
Sr bommai vs uoi
Rameshwar prasad vs state of bihar
Sr bommai vs uoi
- Subject to jr
- Relevant material
- Burden on center to prove existence
- Will not go into correctness/adequacy. Only relevance
- Floor
- La dissolve only after parl
- Use sparingly
Residuary power article
Entry 97 of list 1 + art 248
What was the rationale of the BS doctrine given in KBC case
- No generation has monopoly over wisdom. Fetters
- Possiblity of abuse- no ground for denial. Public opinion and wisdom of the majority
- 2 features- basic constituent and circumstamtial constituent. Broad contours of basic in preamble
- Real test - anything which is essential to further the object of unity and integrity of nation, dignity of individual and goal of fraternity
Whether dismissal under departmental enquiry and conviction through court proceedings violate art 20(2)
- Pratap Singh vs state - govt is free to institute departmental proceedings after the close of criminal proceedings
- DGP vs S Samuthiram - acquittal by criminal court will not automatically and conclusively affect departmental proceedings. Based on the premise that both are of different nature. In dept enquiry , strict proof proving guilt beyond reasonable doubt is not required
- UOI vs Sunil Kumar Sarkar - government servant punished for the same misconduct under army act and central civil service rules 1965. Court held that court martial dealt with personal aspect of misconduct while civil service rules dealt with disciplinary aspect of misconduct. Hence doesn’t violate 20(2)
What are the 9 safeguards wrt instituting National emergency under art 352 by 44th caa
Pg 166
What are the effects of declaration of national emergency on the political system of the country
- CENTER State relation - executive direction, legislative power over state list , financial - president can modify
- Effect on life of Loksabha and state leg ass- one year at a time, subject to 6 months post ceasing of emergency
- FR- 358, 359
