legal aptitude

• The Constitution of India came into force on January 26, 1950
• The Constitution of India is a comprehensive document
• All public authorities – legislative, administrative and judicial derive their powers directly or indirectly from the Constitution which in turn derive its authority from the people
• The preamble to the Constitution sets out the aims and aspirations of the people of India
• Sovereign


  Possessing superior and extreme power
• Socialist


  It aims to secure to its people "justice—social, economic and political
• Democratic Republic


  "Democratic Republic" signifies that our government is of the people, by the people and for the people
• The Constitution of India secures to all its citizens Justice, Liberty, Equality and Fraternity
• Federal System


  • Dual Government
  • Distribution of powers
  • Supremacy of the Constitution
  • Independence of Judiciary
  • Written Constitution,and a rigid procedure for the amendment of the Constitution
• Unitary features


  • President is the constitutional head executive of union and appoints the governor
  • President appoints and transfers Chief Justice and Judges of High Court
  • Parliament has supreme rights in legislative matter
  • Parliament can make law on State List under special circumstances
  • Central Government can issue directions to State Government
  • State Government of State is dependant on Centre or central government for their financial assistance
• With a few exceptions, all the fundamental rights are available against the State
• State


  (under Article 12) includes the Government and Parliament of India, the Government and the Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India
• The Supreme Court has enunciated tests for determining whether an entity is an instrumentality or agency of the State
• Tests for determining if an entity is an instrumentality or agency of the State

  • Share Capital
  • Financial Assistance
  • Monopoly Status
  • State Control
  • Government Functions
  • Department transferred to a Corporation
• Existing laws


  (under Article 13(1)) laws which were in force before the commencement of the Constitution
• Future laws


  (under Article 13(2)) laws made after the commencement of the Constitution
• Courts have evolved doctrines like doctrine of eclipse, doctrine of severability, doctrine of prospective overruling and doctrine of acquiescence for interpreting the provisions of Article 13
• Equality before the law


  Every person, whatever be his rank or position is subject to the jurisdiction of the ordinary courts, and the absence of any special privilege in favour of any individual comes under Article 14
• Equal protection of the law


  It directs that equal protection shall be secured to all persons within the territorial jurisdiction of the Union in the enjoyment of their rights and privileges without favouritism or discrimination
• Article 14 applies to all persons and is not limited to citizens
• A corporation, which is a juristic person, is also entitled to the benefit of Article 14
• Grounds on which the State is prohibited from discriminating against any citizen under Article 15(1)

  • Religion
  • Race
  • Caste
  • Sex
  • Place of birth
• Article 15(2) lays down that no citizen shall be subjected to any disability, restriction or condition with regard to access to shops, public restaurants, hotels and places of public entertainment, or the use of wells, tanks, bathing ghats, roads and places of public resort, maintained wholly or partially out of State funds or dedicated to the use of the general public
• Article 15(3)


  The State can make special provision for women and children
• Article 15(4)


  It permits the State to make special provision for the advancement of socially and educationally backward classes of citizens, Scheduled Casts, and Scheduled Tribes
• Article 15(5)


  It permits the State to make special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30
• Article 15(6)


  It provides that the State can make special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category
• Article 16(1)


  Guarantees to all citizens' equality of opportunity in matters relating to employment or appointment of office under the State
• Article 16(2)


  Prohibits discrimination against a citizen on the grounds of religion, race, caste, sex descent, place of birth or residence
• Exceptions to Article 16

  • Parliament can make a law that residence within a State or Union Territory prior to employment or appointment shall be an essential qualification
  • Reservation of appointments or posts in favour of any backward class of citizens
  • Reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes
  • Consideration of unfilled reserved vacancies as a separate class to be filled up in any succeeding year or years
  • A law providing that the incumbent of an office in connection with the affair of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination
  • Reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category
• Article 17 abolishes "Untouchability" and its practice in any form is forbidden
• The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law
• Article 18 prohibits the conferment of titles by the State, the acceptance of titles from foreign States, and the acceptance of presents, emoluments or office from foreign States without the consent of the President
• Six freedoms guaranteed to citizens under Article 19(1)

  • Freedom of speech and expression
  • Assemble peaceably and without arms
  • Form associations or unions
  • Move freely, throughout the territory of India
  • Reside and settle in any part of the territory of India
  • Practise any profession, or to carry on any occupation, trade or business
• No title, not even an academic distinction, shall be conferred by the State
• No citizen of India shall accept any title from any foreign State
• No person, who is not a citizen of India shall, while he holds any office or trust under the State, accept without the consent of the President, any title from any foreign State
• No person, holding any office of profit or trust under State shall without the consent of the President, accept any present, emolument or office of any kind from or under a foreign State
• Six Freedoms of Citizen Guaranteed under Article 19(1)

  • Freedom of speech and expression
  • Assemble peaceably and without arms
  • Form associations or unions
  • Move freely, throughout the territory of India
  • Reside and settle in any part of the territory of India
  • Practice any profession, or to carry on any occupation, trade or business
• Permissible Restrictions on Freedom of speech and expression under Article 19(2)


  • Sovereignty and integrity of India
  • Security of the State
  • Friendly relations with foreign States
  • Public Order
  • Decency or morality
  • Contempt of court
  • Defamation
  • Incitement to an offence