CLAT PG 2027: Constitutional Law Practice Flashcards

Comprehensive vocabulary flashcards covering the core concepts, articles, and doctrines of the Constitution of India as presented in the lecture.

Article 393

The article that provides the short title of the document: 'This Constitution may be called as the Constitution of India'.

Article 394

Specifies the commencement dates; while certain articles (5, 6, 7, 8, 9, 60, 324, etc.) came into force on 26th November 1949, the rest followed on 26th January 1950.

Handwritten copies

The original copies of the Indian Constitution were not typed or printed but were handwritten by Prem Bihari Narain Raizada.

Cabinet Mission Plan (1946)

The framework under which the Constituent Assembly of India was constituted to frame the Constitution.

Drafting Committee

A committee set up on 29th August 1947, headed by Dr. B.R. Ambedkar, consisting of 7 members including K.M. Munshi and B.L. Mitter.

Objectives Resolution

The ideological basis for the Preamble, adopted by the Constituent Assembly on January 22, 1947, after being laid down by Jawaharlal Nehru.

42nd Amendment Act, 1976

Known as the 'Mini-Constitution', it added the terms 'Socialist', 'Secular', and 'Integrity' to the Preamble.

Kesavananda Bharati case (1973)

The landmark Supreme Court ruling that declared the Preamble is a part of the Indian Constitution and introduced the 'Basic Structure Doctrine'.

Doctrine of Pith and Substance

A rule used to determine whether a law relates to a particular subject in the 7th Schedule by looking at the 'true nature' and 'essential part' of the matter.

Doctrine of Severability

The principle that if a provision is inconsistent with Fundamental Rights, only the disputed provision is void rather than the entire Act.

Doctrine of Eclipse

A principle where a law that violates Fundamental Rights becomes dormant (eclipsed) rather than dead, as seen in Bhikaji Narain Dhakras v. State of Madhya Pradesh.

Doctrine of Colourable Legislation

A rule stating that the legislature cannot do indirectly what it is prohibited from doing directly.

Article 12

Defines the term 'State' to include the Government and Parliament of India, State Governments and Legislatures, and all local or other authorities within India or under its control.

Article 13

Declares that all laws inconsistent with or in derogation of Fundamental Rights shall be void, and defines 'Law' to include ordinances, orders, and customs.

Writ of Habeas Corpus

A judicial order meaning 'You have the body', used to seek relief from unlawful detention against both private and public authorities.

Writ of Mandamus

A writ meaning 'We command', issued to a public official or body that has failed to perform a mandatory legal duty.

Writ of Quo Warranto

A writ meaning 'By what authority', used to inquire into the legality of a person's claim to a public office.

Article 44

A Directive Principle of State Policy that mandates the state to endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.

Article 51A

Outlines Fundamental Duties added on the recommendations of the Swaran Singh Committee; it contains $11$ duties after the 86th Amendment Act, 2002.

Article 72

Grants the President the power to grant pardons, reprieves, respites, or remissions of punishment, including the power to pardon death sentences.

Article 123

Empowers the President to promulgate ordinances when either House of Parliament is not in session, with such ordinances having a maximum life of $6$ months and $6$ weeks.

Article 76

Provides for the Attorney General of India, the highest law officer in the country, who holds office during the pleasure of the President.

Art 110: Money Bill

A bill that deals with taxes, borrowing, or funds; it can only be introduced in the Lok Sabha on the recommendation of the President.

Quorum

The minimum number of members required to be present for a meeting of either House of Parliament, which is $1/10$th of the total members.

Article 280

Mandates the President to constitute a Finance Commission every $5$ years to recommend the distribution of tax proceeds between the Union and the States.

Article 324

Establishes the Election Commission of India as an independent constitutional body responsible for conducting free and fair elections.

Article 352

Governs National Emergency, which can be proclaimed on grounds of war, external aggression, or armed rebellion.

Article 356

Deals with State Emergency (President's Rule) due to the failure of constitutional machinery in a State.

Article 368

Details the power of Parliament to amend the Constitution through three types: Simple Majority, Special Majority, and Special Majority with State Ratification.