Laxmikant Part 1
Laxmikant Part 1
Article 4 – Laws made under Articles 2 & 3 to provide for amendment of the First and Fourth
Schedule
Article 8 – Rights of citizenship of certain persons of Indian origin residing outside India
General Provisions
Article 32 – Right to move the Supreme Court for enforcement of Fundamental Rights
General Provisions
Socialistic Principles
Article 47 – Duty of the State to raise the level of nutrition and public health
Gandhian Principles
Article 40 – Organization of village panchayats
Article 46 – Promotion of educational and economic interests of SCs, STs, and OBCs
Liberal-Intellectual Principles
1⃣ Constitutional Provisions
o States
o Union Territories
Requires:
o President’s recommendation
Used for:
🟢 Phases of Reorganization
Fast-tracks citizenship for persecuted Hindus, Sikhs, Buddhists, Jains, Parsis & Christians
from Pakistan, Bangladesh, Afghanistan
3⃣ Important Concepts
🔹 Single Citizenship – Unlike the USA, India has only one citizenship for entire country
🔹 No Dual Citizenship – Holding foreign citizenship terminates Indian citizenship
🔹 Overseas Citizenship of India (OCI) & Person of Indian Origin (PIO)
Includes Government, Parliament, State Legislatures, Local Authorities, and Bodies under
Government Control
Untouchability (Offenses) Act, 1955 → Renamed as Protection of Civil Rights Act, 1976
No Ex-Post Facto Law – Can't be punished for an act that was not a crime when committed
Maneka Gandhi Case (1978) – Due process is required for deprivation of life & liberty
Called the “Heart & Soul of the Constitution” – Dr. B.R. Ambedkar
📌 A.K. Gopalan Case (1950) – Article 21 was not about natural justice
📌 Maneka Gandhi Case (1978) – Expanded Right to Life & Liberty (Article 21)
📌 Kesavananda Bharati Case (1973) – FRs cannot be destroyed but can be amended
📌 Minerva Mills Case (1980) – FRs & DPSPs must be balanced
📌 42nd Amendment (1976) – Added Articles 39A, 43A, 48A (Legal Aid, Workers’ Management,
Environment)
📌 44th Amendment (1978) – Shifted Right to Property (Article 31) from FRs to Article 300A
📌 86th Amendment (2002) – Modified Article 45 (Early childhood care & education)
📌 Champakam Dorairajan Case (1951) – FRs prevail over DPSPs if conflict arises
📌 Kesavananda Bharati Case (1973) – DPSPs are fundamental for governance but cannot destroy
FRs
📌 Minerva Mills Case (1980) – FRs & DPSPs should be balanced
5⃣ Quick Revision Pointers
AIIMS Students Union Case (2001) – FDs are important for national discipline
📌 Passed by (i) Majority of total membership + (ii) 2/3rd of members present & voting in both
Houses
📌 Used for:
✅ Fundamental Rights (Part III)
✅ DPSPs (Part IV)
✅ Parliamentary & State Legislature Powers
📌 Requires approval by half of the State Legislatures (Along with Special Majority in Parliament)
📌 Used for:
✅ Election of President (Article 54, 55)
✅ Powers of Supreme Court & High Courts
✅ Distribution of legislative powers (Union-State List changes)
✅ Representation of states in Parliament
3⃣ Important Amendments & Cases
1st (1951) Added 9th Schedule (Laws immune from Judicial Review)
73rd & 74th (1992) Gave constitutional status to Panchayati Raj & Municipalities
📌 Parliament can amend the Constitution but cannot alter its Basic Structure
🔹 Indira Gandhi Case (1975) & Minerva Mills Case (1980)
42nd (1976) Tried to reduce Judicial Review (Partly overturned in Minerva Mills Case)