PART IX(B) struck down--- july"21. Flashcards

1
Q

Part 9(b) came in which amnedment?

A

97th amendment

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2
Q

97th amendement came in which year

A

2011

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3
Q

97th amendment deals with what??

A

article 19 clause 1 sub-clause-2

ART19(1)(2) - associations and co-operative societies was added in 97th amendment act.

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4
Q

article 19 deals with what?

and which part is it covered in?

A

article 19 deals with fundamental rights, comes under PART-III of Indian const.

Art 19 is reasonably restricted which is covered under ART19(2) which was introduced by the 1st amendment in 1951.

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5
Q

what all did 97th AA introduced?

A

97th AA introduced
ART-43(B) in PART IV i.e. DPSPs
and Part IXB

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6
Q

What is PART IXA of constitution?

A

it includes municipalities.

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7
Q

When was 97 AA challenged first?

A

In 2013, entire 97th amendment act was challenged in Gujrat HC in
RAJENDRA N SHAH V UOI.

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8
Q

Rajendra Shah said This AA has so many things which are not verified by state and is beyond your power and hence is unconstitutional

A

both Gujrat HC and Supreme court agreed to this except KM joseph
Km joseph thinks the entire 97th AAA should be stuck down but instead DOCTRINE OF SEVERABILITY ( ARTICLE-13[1] ) was used and part of 97th AA i.e.
IXB was struck down in july

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9
Q

what article contains procedure of amendments

A

ARTICLE 368

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