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ADVOCATESPEDIA
CONSTITUTIONAL LAW PROJECT ASSIGNMENT
www.advocatespedia.com
Topics
What is constitutional law?
Historical background of constituional law
Introduction of self government
Framing of the new constituion
Is the constitution of india is federal?
What is federal?
Lengthiest constitution of the world
Parliamentary form of government
Fundamental rights
Directive principle of state policy
A federation with strong centralising tendency
Adult suffrage
Concept of independent judiciary
A secular state
Single citizenship fundamental duties
Concept of judicial review
Preamble how far useful in interpreting the constituion
Objectives enrished in the preamle
Can preamble be amended under article 368
42nd amendment and the preamble
Union of states
Territory of india
The accession of indian states to the dominion of india
Admission or establishment of new state
Formation of new state and alteration of boundaries, ets., of existing states
Cessation of indian territory to foreign country
Constitutional provision related to citizenship
Citizenship by domicile
Citizenship of migrants to india from pakistan
Citizenship of migrants of pakistan
Citizenship of persons of indian origin residing outside india
Amendment of citizenship act
Overseas citizens of india
Citizenship by birth
Citizenship by descent
Citizenship by registration
Citizenship by naturalisation
Citizenship by incorporation of territory
Registration of overseas citizenship
Conferment of rights on overseas citizens of india
Renunciation of overseas citizenship
Cancellation of registration of overseas citizens of india
Issue of national identity cards
Renunciation of citizenship
Termination of citizenship
Deprivation of citizenship
Commonwealth citizenship
One citizenship in india
A company or corporation whether citizen under art. 19
Origin and development of fundamental rights
Need for fundamental rights
Striking a balance between individual liberty and social need
New judicial trend in interpreting provisions of part iii
Widest interpretation of provisions of part iii
Natural justice and due process
Prisoners rights and prisoner reforms
Expanding role of writ of habeas corpus
Human rights jurisprudence
American constitution
Suspension of fundamental rights
Classification of fundamental rights
Fundamental rights available against state and not against private individuals
Concept of authorities
Local authorities
Other authorities- restricted interpretation
Other authorship- liberal interpretation
Test to determine whether a body is an agency or instrumentality of state
Authorities under the control of government of india
Unaided minority school
Prtivate university
Board of cricket for control in india
Is judiciary included in the word "state"?
Laws inconsistent with fundamental rights
Objective of art. 13(2)
Power of judicial review
Pre-constitutional laws
Art. 13 not retrospective in effect
Doctrine of severability
Doctrine of eclipse
Post constitutional laws
Does the doctrine of eclipse apply to a post constitutional laws.
Doctrine of waiver- can a citizen waive his fundamental right?
Doctrine of lifting the vein
Law anf law in force- concept
Amending act if stuck down- old law will revive?
Is constitutional amendement a law under art. 13(2)
Equality before law and absolute equality
Rule of law
Equal protection of the law
Exception to the rule of law
Equality- a positive concept
Hijras and transgenders are the person entitled to legal protection
Art. 14 permits classification but prohibits class legislation
Test of reasonable classification
New concept of equality: protection against arbitrarines
Classification made between pensioners on the basis of retirement dates
Admission of mbbs and bds
Marks in oral test
Resricting enter to films certified by the central board of film certification
Age of retirement
Pregnancy bar of air- hostess
Fixation of da and bonus- new rules
Reduction of age of retirement of govt. Employees
Preference to less educated person in granting license
Bar on enrollment as an advocate on the basis of age
Mandatory death penalty
Grant of license or use of public property
No judicial review of economic policy of govt.
Doctrie of legitimate expectation
Rule of natural justice impicit in art. 14
National security
Sec. 118 of indian succession act, 1925 violates article 12
Right of private citizen to file a complaint against corrupt public servant
No equality in illegality
No discrimination on grounds of race, religion, cast, etc
Special provision for women and children
Special provision for advancement of backward classes
Reservatios more than 50 %
Reservation for ngoi- not constitutional
Equality of opportunity in public employment
Pension in gratuity not bounty but valuable rights
Right to pension not absolute and unconditional
Crry forward rule
Preferantial treatment to sc & st
Indra sawhney v. Uoi- the mandal case
The constitutional 77 amendment act, 1995
Constituion (81 amendment) act, 2000
Constituion (85 amendment) act, 2001
National commision for backward classes
Abolition of untouchability
Abolishment of titles
The six freedoms
Freedom of speech and expression
Right to information act,2005
Right to vote : a fundamental right
Interview of undertrial prisoners
Freedom of press
Right to choose the medium of instruction
Freedom of speech includes freedom of silence
Grounds of restrictions
Establishment of educational institution
Trade in liquor not a fundamental right
Taxation not restriction
Dangerous and noxious goods
State trading and nationalisation
Protection against ex-post facto law
Protection against double jeopardy
Prohibition against self incrimination
Narcoanalysis, polygraphy and brain finger printing test of accused- violates art. 20 (3)
Personal liberty meaning and scope
Maneka gandhi case
Right to travel abroad
Inter-relation of art. 14, 19 & 21- old view
Procedure established by law- interpretation
Natural justice
Right to live with human dignity
Right to livelihood
Rehabilitation
Right to shelter
Right to privacy
Right of women to produce child or refuse to participate in sexual act
Telephone tpping: an invasion on right to privacy
Right to health and medical assistance
Right to sleep
Arrest and detention of a judgement-debtor
Bonded labour system
Right to members of protective homes
Right to die- not a fundamental right
Euthasia
Right to get pollution free water and air
Protection of ecology and environmental pollution
Noise pollution under art 21
In the name of urban development environment cannot be destroyed
Disposal of hazardious and toxic substance
Right to education
Abuse of children
anticipatory bail- denial
Refusal of grant bail
Right to free legal aid
Right against solitary confinement
Right against hand cuffing
Right against inhuman treatment by the police
Right to speedy trial
Interference in conjugal life by the police
Right to fair trial
Speedy trial and fair trial a qualitative difference
Right to detenue to socialise with his family members and friends and to have interview with his lawyer
Right to food- starvation death; state to provide free foods
Sentece of death- constitutionality
Hanging
Right against delayed execution
Death sentence- exorbitant delay in disposal of mercy petition
Protection against legal arrest, detentions and custodial death
Police atrocities and custodial death
Compenstion for violation of art. 21
Homo-sexuality
Compenstion to rape victims
Eve-teasing
Prevention of sexual harrasement of working women
Inhabilitation of sex workers
Holding hostage of indians
Right to electricity is right to life
Emergency in art. 21
44th amendment and art. 21
Right to be informed of ground of arrest
Prevetive detention laws
Tada, 1987
Constitutional safeguards against preventive detention laws
Conservation of foreign exchange, prevetion of smuggling activities act, 1974 and art. 22(5)
Prohibition of "traffic in human beings" and forced labour
Compulsory service for public purposes
Prohibition of employment of children in factories, etc
Sanskrit language not anti-secular
India is a secular state
Freedom of religion in india
Non-brahmins can be appointed as pujari in india
Acquisition of place of worship
Noise pollution in the name of religion not allowed
National educational policy, 2002
Restrictions on freedom of religion
Religious liberty subject to public order, morality and health
Religious freedom- includes creamation ground
Forced conversation not allowed
Freedom to manage religious affair- art. 26
Right to estabish and maintain- institutions for religious and charitable purpose
Right to manage "matters of religion"
Right to administer property owned by denomination
Freedom from taxes for promotion of any particular religion- art. 27
Distinction between art. 29(2) and 15(1)
The constitution (44 amendment) act, 1978
Power of govt. To regulate minority run educational institution
Right of recognition or affiliation-not a fundamenatl right
Who is minority?
Rights of non-minorities to run educational institutes
P.a. Inamdar v. State of maharastra
Jain community not a minority community
Saving of laws providing for acqusition of estates ets.
Validation of certain acts and regulations
Savinf of laws giving effect to certain directive principles
9th schedule laws not beyond judicial review
Power of parliament to enlarge writ jurisdiction of the supreme court
Order for further investigation, reinvestigation, additional evidence, re-trial, etc
Curative pettion
Who can apply: locus standi
Abuse of pil guidelines
Pil- a dynamic approach
Pil- in hate speeches
Criticism of pil
Ban on smoking in public places
Protection against inhuman treatment in jail
Child welfare
Public utility service
Ordinance rule
Government inction
Cope of art. 32(2)
Res-judicata
Martial law
Restrictions on fundamentsl rights of members of armed forces
Restriction of fundamental rights while martial law is in force in any area
Classification of the directives.
Social and economic charter
Right to work, education and public assistance in certain cases
Participation of workers in management industries
Equal pay for equal work
Duty to raise the standard of living and improvement of health
Promotion of educational and economic interest of weaker section
Eual justice and free legal aid to economically backward classes
Uniform civil code
Protection and improvement of forest and wildlife
Protection of monuments and places and object of national importance
Separation of judiciary from executive
Promotion of internation peace and security
Orgaisation of village panchayat
Relation between directive principles and fundamental rights
Art. 31-c and directive priciple
Needs for fundamental duties
Source of fundamental duties
Enforcement of duties
Powers of the president
Functions of vice-president
Disqualificationn on defection on ground of split in political party
A non-member can become a minister
Appointment of prime minister
Principle of collective responsibility
Constitutional duties of prime minister
Functios of attorney-general
Composition of partiament
Utility of the rajya sabha
Territorial constituencies
Functions of the parliament
Ordinary bill
Distinction between money bills, financial bill and bill involving expenditures
Annual financial statement- budget
Parliamentary control over financial matters
Restriction on discussion in parliament
The comptroller and auditor-general of india-- powers and duties
The guardian of the constitution
Appointment of judges
Supremacy of executive
Judicial supremacy
National judicial appintment commission- functions, provisions
Veto power to any members of njac
Ordinary legislature can be invalidated for violating the constitutional provision
Judges- qualifiation, tenure and removal
Judges (inquiry) act, 1968
Right to information
Juridiction of supreme court
Appeal in civil cases
Appeal in criminal cases
Power of supreme court to withraw and transfer cases
Law declared by thee supreme court is bimding on all courts
Is supreme court is bound by its own decisions
Obiter dicta
Ancillary powers of supreme court
Power of supreme court to make rules
Independece of judiciary- how maintained under the constitution
Governor- appointment, qualification, tenure and removal
Powers of governor
Relationship between the governor and council of ministers
Bicameral or unicameral legislature
Composition of the houses
Power and functions of speaker
Constitution of high courts
Transfer of a judge from one high court to another
To fault the consultative process for the fact not known at the time of the consultative process- an impossible burden on the a
High court judges- qualification, powers, functions, tenure and removal
Forced resignation (hc judges)- not provided in the constitution- affects independence of judiciary
Judges of sc & hc not govt. Servants
Restrition after retirement og hc judges
Jurisdiction of high courts
Transfer of certain cases by hc
Writ jurisdiction of the hc
Interim relief
Locus standi
Scope of art. 226
Court martial and art. 226
Writ jurisdiction on private bodies
Natural justice
Discretionary remedy: not to be exercised if alterative remedy available
Infrigement of fundametal rights
Equitable relief
No power of tribunal to decide substantial question of law
Power of high court
Effect of laches and delay
Writs
Right of publication of its proceedings
Privileges of the legislature
Administration of human territories
Creation of legislature
Power of administrator to promulgate ordinances
Provisions in case of failure of constitutional machinery
Composition of panchayat
Constitution of panchayat
Panchayat: the motive to enact the law irrelevant
Reservation of seats in panchayat
Panchayat: power, authority and responsibility
Power to impose taxes and funds of panchayats
Continuance of existing laws and panchayats
Panchayat: courts not to interfere in electoral matters
Constitution of municialities
Composition of municipalites
Constitution and compostion of ward committees
Reservation of seats in municipalities
Reservation of seats for backward class of citizens
Duration of muicipalities
Municipalities- power, authority and responsibility
Power to impose taxes and funds of the municipalities
Election to municipalities
Committee for district planning
Committee for metropolitan planning
Continuance of existing laws and municipalities
Cooperative socities- meaning, incorporation and genaral overview
The cooperative society- number and term of members of board and its office bearer
The cooprative society; removal by no confidence motion
The cooprative society: election of members of board
The cooprative society: suppresion and suspension of board and interim management
The cooprative society: right of a member to get information
The cooprative society: offences and penalties
The cooprative society: continnuance of existing laws
Relations between the union and the states
Publication of delegated legislation
Theory of trritorial nexus
Legilative power is plenary
State cannot be declared unconstitutional lightly
Legislative arbitrariness
Need to control exercise of delegate legislation
Delegated legislation
Distribution of legislative powers
The residuary power
Pith and substance
Colourable legislation
Repugnancy between a central law and a state law
Control over state legislation
Administrative relations (art. 256-263)
Coordination between states- cooperative federalism
Inter-state council
Financial relations (art. 264-291)
Double taxation not prohibited under art. 265
Distribution of the revenue between the union and the state
Redtriction on states taxing power
Finance commission- overview and duties
Niti ayog
Anticipatory bail
Inter-government tax immunities
Exemption of union property from the state taxation
Exemption of state property from the union taxation
Suits by or against the state
The provision of art. 299(1) mandatory
Promissory estoppel- the state liability
The cotractual liability of the state the same as that of an individual
The state liability- liability in tort
Dilution of the principle of sovereign immunity
Remedy in public law for breach of human rights different from remedy in private law
Right to property- eminent domain
Right to compensation in built in art. 300a
Right to property- no deprivation of property except by authority of law
Art. 21 has little to do with the right to own property
Freedom of trade, commerce and intercourse
Freedom of trade, commerce and intercourse- object of such provision in a federal constitution
Restrictions on trade and commerce
Services under the union and the states- recruitment and regulation of conditions of sservices
Govt. Servant: no right to strike
Doctrine of pleasures
Constitutioal safeguards to civil servants
Services under the union and the states- termination of services when amounts to punishment
Services under the union and the states- suspension is not punishment
Guidelines for compulsory retirement stated
Art. 311 applies to both temporary and permanent servants
Services under the union and the states- exclsion of natural justice
Services under the union and the states- quantum of punishment- discretion of disciplinary authority
Services under the union and the states- establishment of service tribunals
Services under the union and the states- administrative tribunals act, 1985
Services under the union and the states- public service commission
Functions of public service commission
Administrative tribual for service matters
Tribunals for other matters than service matters
Appeal in sc by special leave- art. 136
Establishment of administrative tribunals and benches
Composition of tribunals and bench
Tribunals- bench- qualification, term, removal of members
Jurisdiction of central tribunal
Election commission
Multi-member commission
Functions of election commission
Power of parliament and state legislatures with regard to election law
Election on the basis og adult suffrage
Power of parliament to make election provisions relating to legislature
Power of state legislature to make election provision relating to itself
Courts not to interfere in election matters
Special provisions relating to sc & st
Special provision relating to anglo indians
Special prvisions relating to backward classes
Special provisions relating to linguistic minorities
Directive for the development of the hindi language
Special provisions relating to j&k
Special provisions relating to j&k- temporary and transitorybprovisions
Special provisions relating to j&k- tribal invasion
Provisions extended to the state of j.&k. By presidential order
Power to abolish the operation of art. 370
Nationa emergency
Grounds of national emergency
Territorial extent of proclamation
Duration of emergecy
Effects of proclamation of emergency
Duty of the union to protect the states
Failure of constitutional machinery in states
Judicial guidelines for imposinf president's rule
Financial emergency
Distinguish national emergency from financial emergency
Necessity of amending provisions in the constitution
Procedure for amendment of constitution
Amendment for fundamental rights
Theory of basic structure- a limitation on amending power
What is the basic structure?
Seeking to strike down a legislation- technically sound to refer to the provisions of art. Of the constitution
First amendment, 1951
Second amendment, 1952
Third amendment, 1954
Fifteenth amendment, 1962
Twenty-seventh amendment, 1971
Fourty second amendment, 1976
Fourty fourth amendment, 1977
Amendment of art. 360
Hundredth amendment act, 2015
Freedom of movement
Freedom to form association
Freedom of assembly
Freedom of residence
Restriction on medical practice to degree/ diploma holders of 'vaidya visharad' and 'ayurveda ratna'
Requirement of 25% admission in unaided minority school
Taxation not restriction
No distinction between quasi- judicial function and administrative function
Keshvanand bharti case
Kishore singh v. State of rajasthan
A.d.m. Jabalpur v. S.shukla
Ajay hasia v. Khalid mujjb sehravardi
Bhopal gas peedith mahila udyod sangathan v. Uoi
Hssainara khatoon v. Home secetary, stae of bihar
Indian medical associiation v. Uoi
M.c. Mehta v. Kamal nath
Constitutional supremacy in India
Parliamentary sovereignty
Retrospective law
Right against self-incrimination
Freedom of speech and expression
Constitutional morality
National Register of Citizens (NRC) and its constitutional validity
Meaning of untouchability under Article 17
Reasonable restrictionson freedoms guaranteed by Article 19
Ban on movies under Article 19
Rule of law
Reservation under article 15 and article 16
Rights of religious denomination
Individual right over collective rights
Legal Sanctity of Sharia Courts in India
Value of drafting committee debates in interpreting the Constitution
Delegated legislation
Advisory capacity of judiciary
Ninth schedule before and after Kesavananda Bharati case
Three types of majority required for constitutional amendments
Right to health
Right to education
Right to livelihood
Right to dignity
Right to speedy trial
Right to free legal aid
Right to information act
Article 21 and substantive rights emanating from it
Difference between money bill and finance bill
History of Public Interest Litigationin India
Public Interest Litigation: advantages and disadvantages
Misuse of Public Interest Litigation and measure taken to curb the misuse
Legislative powers of president
Definition of state as per article 12
Rights of minority educational institution
Joint sitting of Lok Sabha and Rajya Sabha
Basic Structure Doctrine
Right to Constitutional Remedies under Article 32 and 226
Uniform Civil Code
Constitutionality of Armed Forces Special Power Act
Separation of Power
Emergency Provisions
Powers of Central Administrative Tribunals
Seventh Schedule
Difference between extra-constitutional and constitutional bodies
Principles of natural justice embodied in the Constitution
Blacklisting of companies
Rights of Parties in government contract
Fundamental duties
The three judges’ case
Sexual Harassment in workplace is violative of Article 15
Anti – defection law
Constitutional position of Jammu and Kashmir
Scheduled languages under the Constitution
Rights of LGBTQ community
Ban on slaughter of cows
Administration of scheduled tribes
73rd and 74th Amendment
Secularism under the Constitution of India
Relationship between Part III and Part IV of the constitution
Formation of new states
Types of writs
93rd Amendment
Judicial review
Limits of Judicial Review
Special leave petition
Validity of Aadhar Act
Constitutional validity of Jallikattu
Chief Justice of India:master of roster
Public Service Commission: Articles 315 to 323
Bind8ng Value of Judgements of Federal Court and Privy Council
Rights available to non-citizens
Federalism in the Indian Constitution
Single Citizenship
Separation ofpower in UK USA and India
Doctrine of harmonious construction
Doctrine of eclipse
Doctrine of severability
Doctrine of colorable legislation
Doctrine of latches
Doctrine of Pith and substance
Doctrine of incidental or ancillary powers
Intelligible differentia
Definition of due process of law as per Article 21
42nd amendment: a mini constitution
Right to property
Ordinance under article 123 and 213
Doctrine of pleasure in the Indian constitution
Triple Talaq Judgement
Article 239AA
Office of Profit
Difference between powers of High Court and Supreme Court in case of writs
ReasonableClassification under Article 21
Curative Petition
Promotion of SC/ST candidates in government jobs
Right to change of faith and anti-conversion laws
Constitutional validity of 497 of IPC
Constitutional validity of Section 377 IPC
Constitutional validity of Goods and Services Act
Official language of Supreme Court
Assignment Code
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