Lawindia

Ans: The ordinance making power of president is mentioned under Article 123 of Indian Constitution and ordinance making power of Governor is mentioned under Article 213 of Indian Constitution.  

Ans:  Article 43A – Participation of workers in management of industries The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

Ans:  Article 43 – Living wage, etc, for workers The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co operative basis in rural areas.

Ans:  Article 42- Provision for just and humane conditions of work and maternity relief.  The State shall make provision for securing just and humane conditions of work and for maternity relief.

Ans :  Article 41 – Right to work, to education and to public assistance in certain cases. This article says that state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Ans:  Article 48-A: The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.  Article 51A(g): It is a duty of every citizen to protect and preserve the environment.

Ans:  Mandal Commission was set up in 1979 January by Morarji Desai government to identify the socially or educationally backward classes to consider the question of seat reservations and quotas for people to redress caste discrimination, and used eleven social, economic, and educational indicators to determine backwardness.

Ans:  Article 20 (3) of the Constitution  provides that “No person accused of any offence shall be compelled to be a witness against himself”.

 Ans:  Article 361, Constitution of India 1950⁠(2)  No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor or Rajpramukh of a State, in any court during his term of office .

 Ans:  The joint sitting of the Parliament is called by the President of India ( Article 108 ) and is presided over by the Speaker of the Lok Sabha or, in their absence, by the Deputy Speaker of the Lok Sabha, or in their absence, the Deputy Chairman of the Rajya Sabha.

Ans:  The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on  1 April 1974 . IPC came into force in 1860.  The code was passed into law on 6th Oct 1860 and came into operation from 1st Jan 1862 .  IPC is the main Criminal Code in India divided into 23 Chapters and 511 sections.  It was presented by Thomas Babington Macaulay in front of the Governor-General of India in 1835 and prepared by first law commission in 1834 under Charter Act 1833. The Code of civil Procedure is passed in 1908 and come into force from 1st January 1909 . The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872 .   .

Ans: Article 13 of Indian Constitution:  Laws inconsistent with or in derogation of the fundamental rights (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void (3) In this article, unless the context otherwise requires law includes any Ordinance, order, bye law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force includes laws passed or made by Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in...

Ans: According to Article 300A of the Constitution of India, no person shall be deprived of his property save by authority of law. a) person b) citizen c) foreigner d) Indian ​

Ans:  In Golakhnath V. State of Punjab, 1967 Case the court held that the parliament could not amend the fundamental rights. This ruling was overturned in Kesavananda Bharati vs state of Kerala 1973. In this case, the court held that the parliament could amend the Constitution, including fundamental rights, but the parliament cannot change the basic structure of the Constitution.

Ans: Anti defection law in 52nd Amendment.  

Ans: Article 35 gives Parliament the exclusive power to make laws relating to Articles 16 (3), 32 (3), 33 and 34. Further, this Article enables the Parliament to prescribe punishment to offences under the fundamental rights part.

Ans: In case of emergency,  article 34 will be implemented and fundamental rights will be suspended due to martial law. 

Ans: Parliament has the power to amend fundamental rights under Article 33 of Indian Constitution.  

Ans: Supreme Court protects fundamental rights under article 32 of Indian Constitution.  

Ans: Mothersa can be opened under Article 30 of Indian Constitution and under Article 30 of Indian Constitution,  the minorities can open their own educational institutions. 

Ans: Article 29 mentions about the protection of culture of minorities and no discrimination of education of minorities in educational institutions.  

Ans: No, religious instructions can be provided in educational institutions owned by state funds according to article 28 of indian constitution.  It is contradictory to Article 30 of Indian Constitution. 

Ans: Under Article 27 of Indian Constitution,  a person needs not to pay taxes for the religious denomination or particular religion.  

Ans: Under Article 26 of Indian Constitution,  a person can acquire movable property for the religious affairs.

Ans: According to Article 25 of Indian Constitution,  a citizen can practice any religion in the country. 

Ans:  In the case of Hussainara Khatoon v. Home Secretary, State of Bihar, 19th February 1979,  the court held that it is a crying shame on the Judicial System that keeps men, women and children behind bars without the commencement of trail .

Ans: The Copyright Act of 1957 has a provision called Section 38 which recognizes "Performer's Rights" for artists, including singers and actors, for their performances in literary works, movies, and songs. These rights protect the artist's work for 50 years after the performance.

Ans: According to  Salmond,  “A tort is a civil wrong for which, the remedy is an action for damages and which is not exclusively breach of contract or breach of trust or breach of merely equitable obligation”. 

 Ans: Public international law governs the relations between nations and sets forth mandates for those nations to abide by. On the other hand, private international law deals with conflicts between private actors in situations where more than one nation's laws may apply.

Ans:  Pardoning powers of the president includes the following types: Pardon with the grant of pardon convicts both conviction and sentence completely absolved. Commutation with this nature of the punishment of the convict can be changed. Remission reduces the term of the imprisonment. Respite  awards lesser punishment than original punishment by looking at the special condition of a convict. Reprieve stays the execution of the awarded sentence for a temporary period.

 Ans: Person shall not be deprived from the property and it is constitutional right. 

Ans: 5

Ans: religion, race, caste, sex, descent, place of birth, residence.

Ans: Directive Principles of State Policy

Ans: Golak Nath Vs State of Punjab​​

Ans:  52nd Constitutional amendment. The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House. The law applies to both Parliament and state assemblies.

Ans: Part III

Ans:  Article 393

Ans: Res ipsa loquitur is a Latin phrase, which literally translates to “the thing speaks for itself.” An essential part of any personal injury case is being able to show that the other party's wrongdoing or negligence caused the injury at issue. 

Ans:  In numerous circumstances, the judgement of M.H. Hoskot v. the State of Maharashtra is implemented and cited as a precedent. For the first time in India, it established the right of prisoners to free legal assistance under Article 21 of the Constitution's liberty provision.

Ans:  Prem Shankar Shukla V. Delhi Administration,  1980:  The Indian Constitution guarantees the right to life and personal liberty under Article 21. This right includes the right to  freedom of movement and protection from arbitrary detention .  However, this right is not absolute, and law enforcement authorities can restrict an individual's movement in certain circumstances

Ans:  Hussainara Khatoon v.  State of Bihar (1979): In this case, the Supreme Court of India held that the right to free legal aid is a fundamental right of every person, and that it is the duty of the state to provide free legal aid to those who cannot afford it.

Ans: According to Article 19(2) pf Indian Constitution,   nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

Ans: Hicklin test: The Hicklin test is a legal test for obscenity established by the English case R. v Hicklin (1868). At issue was the statutory interpretation of the word "obscene" in the Obscene Publications Act 1857, which authorized the destruction of obscene books.

Ans:  Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice. 

Ans:  Keshwanand Bharti Case:  In the case of Kesavananda Bharati v. State of Kerala (1973)[1], it was held by the Apex Court that Fundamental Rights can be amended by the Parliament, however, such amendment should not contravene the basic structure of the Constitution.

Ans: Delegated legislation, also known as subordinate or secondary legislation, refers to laws made by individuals or bodies authorized by the legislature to create detailed regulations under a specific Act of Parliament.

Ans:  Article 350A- A pertains to linguistic minorities. It imposes a duty on the states to Endeavour to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minorities.

Ans: Article 353 of Indian Constitution mentions effect of Proclamation of Emergency while a Proclamation of Emergency is in operation, then (a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised; (b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that t is one which is not enumerated in the Union List; Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, (i) the executive power of the Union to give directions under clause (a), and (ii) the power of Parliament to make laws under clause (b), shall also extend to any State other ...

Ans: Part XVIII of the Constitution contains the emergency provisions in India. Article 352 demarcates the National Emergency : According to Article 352, the President may declare an emergency when the region is under a state of attack, external intrusion, or internal rebellion.

Ans: Article 355 in The Constitution Of India : Duty of the Union to protect States against external aggression and internal disturbance It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

Ans: According to Article 13 of the Indian Constitution, the term "law" includes "customs" and "usages" that have legal effect. A reasonable and definite ancient custom, like a legislative Act, is obligatory on the courts.

Ans: According to article 368, the procedure for the amendment of the Constitution is laid down in Article 368 as follows: An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament (Lok Sabha & Rajya Sabha) and not in the state legislatures.

 Ans: Some of the examples of non-cognizable offences are as follows: Assault - Section 352, IPC Cheating - Section 417, IPC Forgery - Section 465, IPC Giving or fabricating false evidence in a judicial proceeding - Section 193, IPC Causing miscarriage - Section 312, IPC Voluntarily causing hurt - Section 323, IPC

Ans: Some of the examples of cognizable offences are as follows: Waging or attempting to wage war, or abetting the waging of war against the government of India - Section 121, IPC Murder - Section 302, IPC Rape - Section 376, IPC Dowry Death -  Section 304B, IPC Kidnapping -  Section 363, IPC Theft - Section 379, IPC Criminal Breach of Trust -  Section 406, IPC Unnatural offences -  Section 377, IPC

Ans: Corpus possessionis refers to the physical aspect of possession in Roman law. If someone is holding a book in their hand, they have the corpus possessionis of the book. If someone is living in a house and treating it as their own, they have the corpus possessionis of the house.