Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Constitutional Law > Unit 1 > Flashcards

Unit 1 Flashcards

(77 cards)

Start Studying
1
Q

Preamble is a part of the Constitution

A

Kesavananda Bharati v State of Kerala

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Harmonious Construction

A

Minerva Mills

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Judicial Review (case and article)

A

Marbury v Madison, 13 (2)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Basic structure doctrine mentioned for the first time

A

Sajjan Singh v State of Rajasthan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Doctrine of severability
Princicples were laid down in

A

RMDC v Union of India

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Whether or not something is a basic structure will be determined when put to question to the court

A

Minerva mills and Indra Gandhi v Raj Narain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Rule of Law is a basic structure and cannot be amended

A

Kesavananda Bharati v State of Kerala

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

FR and DPSP to be considered harmoniously and cannot override each other

A

IR Coelho v State of Tamil Nadu

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

It is difficult to restrict the sovereign legislative power by judicial interference except so far as the express provision of a written constitution (judicial review)

A

AK Gopalan v State of Madras

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

FR comes above DPSP

A

state of Madras v Champakam

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Harmonious Construction introduced in?

A

Quarashi Mohd. v State of Bihar
(also Kerala Education bill)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The Right to live human dignity, free from exploitation enshrined under Article 21 derives its life and breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Article 41 and 42

A

Bandhu Mukti Morcha case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Right to education is an FR well within in the meaning of article 21

A

Unnikrishnan v state of Andhra Pradesh

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Determine what is part of the state and not

A

RD Shetty v international airport authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Articles 19 and 21 were not mutually exclusive and had to be read in consonance, a link between 14, 19 and 21 was established

A

Maneka Gandhi v Union of India

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Right to Sleep

A

Ramlila Maidan Incident

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Right to Privacy

A

Justice K.S. Puttaswamy v. Union of India

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Sabarimala Judgment

A

Indian Young Lawyers Association & Ors. v. The State of Kerala & Ors.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

DNA, fingerprint and handwriting can be accepted and is not violative of article 20(3)

A

MP Chandra v Satish Chandra

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Brain fingerprinting analysis, polygraph test, etc. and other scientific methods are not accepted and is violative of article 20(3)

A

Selvi v State of Karnataka

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Caste cannot be the sole determining factor for reservations

A

MR Balaji v State of Mysore

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Introduction of reservation

A

state of Madras v Champakam

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

OBC reservation is constitutional

A

Ashok Kumar Thakur v Union of India

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Freedom of Religion which articles

A

25-28

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Secularism is a basic feature and cannot be one away with
SR Bommai v Union of India
26
Aruna Roy v Union of India case facts
Validity of new education policy 2002 was challenged provided value based education on the basis of all religions held that study of religions in school education is not against secular philosophy of the constitution
27
What are the two freedoms given by art 25 (1)
freedom of conscience and freedom to profess, propagate and practice any religion
28
triple talaq case
Shayara Banno v Union Of India
29
Right to Print and Publish actual facts, history and contemporary views about any topic etc
Sakal Paper Ltd vs Union of India
30
Third Person Views: The views and opinions printed in the newspaper can be that of the author, editor or any third person not directly involved with the newspaper but given his views opinions under the direction of the author or editor
Express Newspaper vs Union of India
31
Enclosed within the rights of the press are the legal rights to distribute and circulate newspapers or related material for consumption
Pandit M. S. M. Sharma v. Shri Sri Krishna Sinha and Others
32
freedom of press extended to include all such information that need to be made available to the public for prompt decision making, and not include only political and public information.
Thornhill vs Alabama
33
The Press has the right to collect such information pertaining to public affairs or to sources of such information
New York Times vs US
34
Freedom of press has three essential elements. They are?
Freedom of access to all sources of information Freedom of publication Freedom of circulation.
35
The validity of the Newsprint Control Order, which fixed the maximum number of pages, was struck down by the Court holding it to be violative of provision of Article 19(1)(a)
Bennett Coleman and Co. v/s Union of India
36
Security of the State is a reasonable restriction under Article 19 (2) of the Constitution. However, the words used in the impugned section of the Act are ‘public safety and public order’. The Court considered that the 2 terms have to be read together.
Romesh Thappar vs The State Of Madras
37
he Court established that pre-censorship of press violates the liberty given to them and also violates the freedom of speech and expression.
Brij Bhusan & Anr. v. The State of Delhi
38
Right to know is derived from the concept of freedom of speech.
State of U.P. v. Raj Narain
39
Freedom of speech and expression includes the right to impart and receive information which includes freedom to hold opinions
Union of India v Association for Democratic Reforms
40
Mandal Commission was set up under which article
340
41
eleven 'Indicators' or 'criteria' for determining social and educational backwardness were grouped under three broad heads, they were?
Social, Educational and Economic.
42
who decided to implement the recommendations of the Mandal Commission
VP Singh
43
what % of the vacancies in civil posts and services under the Government of India shall be reserved for SEBC
27%
44
when was constitution adopted
26th November, 1949
45
power to amend article
368
46
when was constitution enacted
26th January, 1950
47
'Secular' added to the constitution by which amendment
42nd, 1977
48
Intention to commit offence, is it an offence or not?
No, it is not
49
Which amendment temporarily did away with Judicial Review?
42nd amendment
50
Protection of milch cattle which dpsp
article 48
51
Prohibition of milch cattle slaughter in Gujrat
State of Gujrat v Mirzapur Moti
52
no connection between 19 and 21
AK Gopalan v State of Madras
53
Constitutional Validity of 77th, 81st and 85th Amendment Act
M Nagraj v UOI
54
“creamy layer” principle mentioned in which case
M Nagraj v UOI
55
The Supreme Court clarified that the creamy layer doctrine has no relevance in SC/ST reservation.
Ashok Kumar Thakur v. Union of India, 2008
56
In order to invoke “ejusdem generis”, there must be a distinct genus through bodies named
Rajasthan Electricity Board case
57
All authorities created by Constitution or statute on whom powers are conferred by law.
Rajasthan Electricity Board
58
National Anthem Case
Bijoe Emmanual v state of Kerala
59
petitioner challenged the validity of the Bombay Prevention of Bigamous Hindu Marriages Act, 1946, which states that bigamous marriages void and criminalize bigamy among Hindus
State of Bombay v. Narasu Appa Mali
60
which article states that personal laws cannot be defined as laws under Article 13
Article 112
61
‘Expressio Unius Exclusio Alterius’ meaning and case laws
The expression of one thing is the exclusion of the other State of Bombay v. Narasu Appa Mali
62
Whether it is for the Legislature to decide what constitutes social reform?
Yes, because in a democracy, the legislature is constituted by the will of the people and responsible for the state's welfare and lays down the policy to achieve its inherent objective. Hence, the legislation, in its wisdom, decides social reform, not the court of law.
63
case law on artistic freedom
Ramesh v Union of India
64
Mosque is not equal to Islam, Babri masjid case
Ismail Faruqi v Union of India
65
which amendment added Article 21A to the Constitution of India, requiring each state to provide free and compulsory education to all children between the ages of six and fourteen.
86th amendment
66
Which amendment Act brought in a 10% reservation for Economically Weaker Sections (EWS) of society other than Backward Classes, Scheduled Castes, and Scheduled Tribes for admission to central government and private educational institutions and recruitment in central government jobs.
103rd
67
which amendment added a provision in article 15 that the state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or scheduled tribes (Central Educational Institutions (Reservation in Admission) Act, 2006 enacted)
93rd
68
which amendment guaranteed Scheduled Castes and Scheduled Tribes reservations for promotion in government offices
77th
69
which amendment restored various powers of the supreme courts and high courts. The act allowed the Judicial review of the presidents, governors, and Lok Sabha speaker's elections
44th
70
which article imposes an obligation on the State to provide free legal aid to ensure access to justice for all citizens
39A
71
which article seeks to ensure humane work conditions and provide for maternity relief
42
72
Uniform civil code article
44
73
which article states that no government organ interferes or intervenes with the functions and core powers of the other organs
50
74
Fundamental duties
Article 51 (A)
75
SC held that doctrine of waiver does not apple to part 3 of the constitution
Behram v State of Bombay
76
no estoppel against the constitution and no citizen could barter away FRs
Olga Tellis v Bombay Municipal Corporation
77
Legal rights may be waived away
Jaswantsingh v Ahmedabad Municipal Corp.

Constitutional Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions