2. D.D.Basu terms Indian Constitution as mixture of unitary and federal features. According to K.C.Wheare, It is 'quasi federal', it is less federal and more unitary. For Prof. Alexandro wicz, 'India is a case of 'Sui Generis' i.e. unique in character. Fro Sir Ivor Jennings, it is a federal with strong centralising tendency, for Granvile Austin, it is an example of 'co-operative federalism'. For M.V. Paylee, indian constitution is a 'Paradise of Lawyers'
3. Andhra Pradesh was the first state created on the basis of language in 1953 following the death of Potti Sriramulu (a congress leader who went on an indefinite fast for demanding separate state, that lead to his death after 56 days). The state of Indian union were re-organised on the basis of language in 1956 following the recommendation of State Reorganisation Commission 1955, headed by Fazal Ali, other two members of the Commission were K.M.Panikar and H.N.Kunzru.
4. J & K acceded to India on October 26, 1947. The state of J & K has been given special status under Article 370 which became operative on Nov. 17, 1952. The state has a separate constitution which was drafted by the constitutent Assembly of J & K and became effective on Jan 26, 1957. The Provision of Art. 370 cannot be amended by Parliament.
5. The Union Territory of Pondicherry became part of Indian Union in 1962 after French left from India. Pondichery consists of four areas scattered in different regions - Pondichery and Karakal in Tamil Nadu, Yanam in Andhra Pradesh and Mahe in Kerala.
6. Goa, Daman and Diu was added as a UT by the Constitution (12th Amendment ) Act, 1962.
7. Delhi got a special status by the constitution 69th Amendment, 1991.
8. The Bombay Re-organisation Act, 1960, partitioned the State of Bombay to form the new state of Gujrat and to name the residue of Bombay as Maharashtra.
9.Fundamental Rights have been provided in the Part III (Art. 12- 35) of the Constitution.
10. Under the Rights to Constitutional Remedies, both Supreme Court and High court can issue writs of Habeas Corpus, Mandamus, Quo-Warranto, Prohibition and certiorari. The Right to Constitutional Remedies has been described by Dr. Ambedkar as the soul of the constitution.
11. Seven Fundamental Rights were provided in the original Constitution. But the Right to Property has been repealed as Fundamental Right and has been converted into an ordinary legal right under Article 300A by the 44th Amendment in 1978 during the tenure of Morarji Desai.
12. Habeas Corpus is a bulwark of personal freedom. Habeas Corpus is a writ in the nature of order calling upon the person who has detained another to produce the latter before the court to let the court know on what ground he has been confined.
13. Mandamus: - literally means command. It commands the person whom it is addressed to perform some public duty which he has refused to perform.
14. Quo warranto is a proceeding whereby the court enquires in to the legality of the claim which a party asserts to a public office. It calls upon a person to show under what authority he is holding the office.
15. The Writ of ‘Certiorari’ is issued by a superior court to an inferior court to transfer the record of proceeding in a case for its review.
16. Fundamental Rights are generally suspended during operation of National Emergency. Right to Freedom Under Art. 19 is automatically suspended. Other Rights may be suspended by a declaration of the President to that effect. But Rights to Life and Personal Liberty under Art. 20 and 21 cannot be suspended even during National Emergency. Articles 15, 16, 19, 20 and 30 are conferred to indian citizens only and the saem are denied to aliens.
17. Article -14 - Right to Equality provide equality before law. (right to equality 14-18)
18. Art. 15. – No discrimination on grounds of religion, race, caste, sex or place of birth.
19. Art. 16. : Equality of opportunity in matters of public appointment.
20. Art. 17: Abolition of untouchability.
21. Art. 18. Abolition of titles.
22. Art. 19. : Rights regarding freedom of speech. (Right to freedom 19- 24)
23. Art. 20 : Protection in respect of conviction for offences.
24. Art. 21 : - Protection of life and property.
25. Art. 22: - Protection against arrest and detention.
26. Art 23 : - Prohibition of traffic in human being and forced labour.
27. Art 24 : - Prohibition of employment of children in factories.
28. Art. 25: - Freedom of conscience and free profession, practice and propagation of religion. (right to freedom of religion 25 - 28)
29. Art. 26: - Freedom to manage religious affairs.
30. Art. 29: Protection of minorities interests. (cultural and Educational rights 29-31)
31. Art. 30: - Right of minorities to establish and administer educational institution.
32. Art. 32: - Right to constitutional remedies.
33. Art. 32 (1): Supreme court has been assigned by the Constitution a special role as ‘Protector and Guarantor of fundamental rights’.
34. In Minerva Mills case the Supreme Court strike down the provision of the constitution that accorded primacy to Directive Principles of State Policy over Fundamental Rights. Supreme court take the view that the Fundamental Right and Directive Principles of State Policy are complementary to each other and there was no need to sacrifice one for other.
35. RTI is a corollary of the Fundamental Right of freedom of Speech and Expression – Art. 19 (1)
36. The constitution -86th Amendment Act 2002 has inserted in the constitution a new article 21-A. The new article deals with the Right to Education. It reads – ‘The state shall provide free and compulsory education to all children of the age of 6 – 14 years in such manner as the state may , by law, determine.’
37. Art. 31-C gives supremacy to Directive Principle of State Policy over Fundamental Rights. This was introduced in 1971, by the 25th Amendment enacted with respect to the Directive Principles given in Art. 39.
38. Art. 13: - The rights conferred under Part III cannot be abridged or taken away by laws or executive order of the state. They can only be modified or taken away by a Constitutional Amendment.
39. Art. 15 (5) : By 93rd Amendment – 27% reservation was provided to OBC in professional courses.
40. Art. 18: - Bharat Ratna, Padma awards are not title but honours conferred by the state.
41. Under Art. 226 a High Court can issue writs not only for the purpose of enforcement of fundamental rights but also for the redress of any other injuries or illegality, owing to contravention of the ordinary law, provided certain conditions are satisfied.
42. Supreme Court has been assigned by the Constitution a special role as 'the protector and guarantor of fundamental rights' by Art. 32(1).
43. In 1931, The INC at its Karachi Session, presided over by Sardar Patel, had adopted a resolution on Fundamental Rights.
44. In Golaknath Case Vs State of Punjab, the Supreme Court held that the Parliament could not amend the Fundamental Rights under Part III of the Constitution. The Parliament on its part, through 24th Amendment in 1971, assumed for itself the power to amend Fundamental Rights.
45.
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