Constitutional and Administrative Law (UGC-NET Law - Unit II)

Vocabulary practice flashcards covering key terms, constitutional articles, landmark case precedents, and administrative law doctrines for UGC-NET Law Unit II.

Sovereign (Preamble)

The principle that India is externally independent and internally supreme, meaning no external authority controls its governance.

Socialist (Preamble)

A term added by the 42nd Amendment 1976 denoting social ownership of the means of production, a welfare state, and the reduction of inequalities.

Secular (Preamble)

A term added by the 42nd Amendment 1976 establishing that the State has no official religion, accords equal respect to all religions, and remains neutral in religious matters.

Berubari Case (1960)

A Supreme Court ruling holding that the Preamble is not part of the Constitution and cannot be used to interpret its provisions.

Kesavananda Bharati v. State of Kerala (1973)

The landmark Supreme Court case that overruled the Berubari Case, holding that the Preamble is part of the Constitution and can be amended under Article 368 without altering its basic structure.

'State' (Article 12)

For the purposes of Part III, includes the Government and Parliament of India, Government and Legislature of each State, all local authorities, and other authorities within India or under Government control, extended by judicial interpretation to statutory bodies and government-controlled corporations.

Equality Before Law (Article 14)

A negative concept borrowed from English law signifying the absence of special privilege, meaning no person is above the law and all are subject to ordinary law.

Equal Protection of Laws (Article 14)

A positive concept borrowed from American law providing that like must be treated alike, permitting reasonable classification based on intelligible differentia having a rational nexus to the statutory objective.

New Test of Equality (E.P. Royappa v. State of Tamil Nadu, 1974)

The doctrine establishing that equality is antithetic to arbitrariness, meaning any arbitrary action of the State violates Article 14.

Procedure Established by Law (Maneka Gandhi v. Union of India, 1978)

The constitutional requirement under Article 21 holding that state procedure depriving personal liberty must be fair, just, and reasonable, rejecting the isolation theory from A.K. Gopalan.

Right to Privacy (K.S. Puttaswamy v. Union of India, 2017)

A unanimous 9-judge bench ruling affirming that privacy is a guaranteed fundamental right under Article 21.

Habeas Corpus

A Latin writ meaning 'You may have the body,' issued to secure the release of an illegally detained person.

Mandamus

A Latin writ meaning 'We command,' issued to direct a public authority to perform a mandatory legal duty.

Certiorari

A Latin writ meaning 'To be certified,' issued to quash decisions of inferior courts or tribunals on grounds of jurisdictional error, error of law on the face of the record, or breach of natural justice.

Prohibition

A preventive Latin writ meaning 'To forbid,' issued before a final order to prevent an inferior court from exceeding its jurisdiction.

Quo Warranto

A Latin writ meaning 'By what authority,' enabling any interested person to challenge the illegal usurpation of a public office.

Fundamental Duties (Article 51A)

Non-justiciable moral obligations inserted into Part IVA by the 42nd Amendment 1976 (10 duties) and expanded by the 86th Amendment 2002 to include an 11th duty concerning education for children.

Directive Principles of State Policy (Article 37)

Non-justiciable socio-economic principles borrowed from the Irish Constitution that are declared fundamental in the governance of the country and create positive obligations for the State in making laws.

Minerva Mills v. Union of India (1980)

The Supreme Court decision establishing that the balance between Fundamental Rights and Directive Principles is part of the basic structure, striking down the amended Article 31C.

Impeachment of the President (Article 61)

The procedure to remove the President for violation of the Constitution, initiated by 1/4th members in either House and passed by a special majority of 2/3rd of total membership in both Houses.

Article 74

The constitutional provision establishing a Council of Ministers headed by the Prime Minister to aid and advise the President, whose advice the President may return once for reconsideration but must subsequently follow.

Collective Responsibility (Article 75(3))

The constitutional principle under which the Union Council of Ministers is collectively responsible to the Lok Sabha and may be removed via a no-confidence motion.

Governor's Discretionary Powers (Article 163)

Constitutional authority allowing the Governor to act without the aid and advice of the Council of Ministers, such as in reserving bills under Article 200 or reporting failure of machinery under Article 356.

Article 249

The provision granting the Rajya Sabha the power to pass a resolution by a 2/3rd majority of members present and voting enabling Parliament to legislate on State List subjects in national interest.

Money Bill (Article 110)

A bill that can originate only in the Lok Sabha, which the Rajya Sabha can only delay for up to 14 days without power of amendment or joint sitting, and to which the President must give assent.

Seventh Schedule Lists

The distribution of legislative powers into the Union List (98 subjects), State List (59 subjects), and Concurrent List (52 subjects).

Residuary Powers (Article 248)

The exclusive legislative power vested in Parliament to enact laws on any subject not enumerated in the Union, State, or Concurrent Lists.

Doctrine of Repugnancy (Article 254)

The rule providing that if a State law on the Concurrent List conflicts with a Central law, the Central law prevails and the State law is void to the extent of repugnancy, unless it has received Presidential assent.

Collegium System

A non-constitutional judicial appointment mechanism evolved via the Second (1993) and Third (1998) Judges Cases, where the CJI and 4 senior-most Supreme Court judges recommend judicial appointments and transfers.

Special Leave Petition (Article 136)

Discretionary jurisdiction of the Supreme Court to grant leave to appeal against any judgment, decree, sentence, or order of any court or tribunal in India, excluding military tribunals.

Article 226 Writ Jurisdiction

Discretionary writ jurisdiction of High Courts to issue directions or writs for enforcement of Fundamental Rights and for any other purpose within their territorial jurisdiction.

National Emergency (Article 352)

A proclamation made by the President on grounds of war, external aggression, or armed rebellion upon written recommendation of the Cabinet, requiring Parliamentary approval by a special majority within 1 month.

S.R. Bommai v. Union of India (1994)

A landmark case ruling that Presidential Rule under Article 356 is subject to judicial review, floor tests must precede dismissal of a government, and federalism is a basic structure of the Constitution.

Autonomous District Councils (ADCs)

Administrative bodies created under the Sixth Schedule for tribal areas in Assam, Meghalaya, Tripura, and Mizoram with legislative powers over land, forests, and customs.

Model Code of Conduct (MCC)

A set of guidelines issued by the Election Commission of India before elections that is binding on political parties and candidates to ensure free and fair elections.

Droit Administratif

The French administrative legal system where public bodies and civil servants are subject to specialized rules and separate administrative courts (Conseil d'Etat), famously criticized by A.V. Dicey.

Essential Legislative Functions Doctrine

The administrative law principle established in Re Delhi Laws Act (1951) holding that the legislature cannot delegate core policy-making power, but can delegate subordinate details.

L. Chandra Kumar v. Union of India (1997)

A Supreme Court judgment declaring that judicial review under Articles 226 and 32 is part of the basic structure, invalidating statutory provisions that excluded High Court jurisdiction over tribunals under Article 323A.

Audi Alteram Partem

A fundamental rule of natural justice meaning 'hear the other side,' requiring that no person be condemned unheard and that adequate notice and a fair opportunity to respond be provided.

Nemo Judex in Causa Sua

The rule against bias in natural justice stating that no person should be a judge in their own cause, prohibiting pecuniary, personal, and subject-matter bias to ensure justice is seen to be done.

Speaking Order

An adjudicatory decision that states the reasons upon which it is based, serving to prevent arbitrariness and facilitate effective appellate review.

Doctrine of Legitimate Expectation

An administrative law doctrine where an express promise or established practice creates a procedural right to be heard before an authority alters its position to a person's detriment.

Wednesbury Unreasonableness

A standard of irrationality in judicial review from Associated Provincial Picture Houses (1948) defining an action so unreasonable that no sensible authority could ever have arrived at it.

Doctrine of Proportionality

A judicial review ground assessing whether administrative measures used to restrict rights are balanced, necessary, and strictly proportionate to the legitimate aim pursued.