Constitutional law - Internal assessment notes PDF

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Warning: TT: undefined function: 32 Salient features of indian constitution Lengthiest written constitution. 2. Preamble : Sovereign Socialist Secular Democratic Republic 3. Fundamental Rights 4. Directive principles of state policy 5. Fundamental Duties 6. Parliamentary form of Government 7. Single...

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1. Salient features of indian constitution 1. Lengthiest written constitution. 2. Preamble : Sovereign Socialist Secular Democratic Republic 3. Fundamental Rights 4. Directive principles of state policy 5. Fundamental Duties 6. Parliamentary form of Government 7. Single Citizenship 8. Adult suffrage 9. Rigid and Flexible 10. Secular state 11. Welfare state 12. Independent Judiciary. 2. Features of Government of India Act 1935 1. All India Federation 2. Abolition of provincial diarchy and introduction of diarchy at centre. 3. Provincial autonomy 4. Division of legislative powers between Centre and Provinces. 5. Establishment of Federal court. 6. Jurisdiction of Federal court. 7. Separation of Burma from India 8. Establishment of RBI. 3. Objectives of Preamble To constitute India as Sovereign Socialist Secular Democratic Republic and to secure all its citizens Justice of Social Economical and Political Liberty of thought, expression, belief, faith and worship Equity of status and opportunity and to promote among them all Fraternity assuring dignity of individual and unity and integrity of nation. 4. Judicial Review Article 13 of the Constitution empowers the Supreme court to pronounce on any law on its constitutionality. It is called Judicial review. Any citizen can file Writs under Article 32 at Supreme court and under Article 226 at High court. 5. Define State According to Article 12 of the constitution, the term state includes the Government and the Parliament, the Government and the legislature of each of the states and local or other authorities within the territory of India and under the control of Government of India. 6. Doctrine of severability Severability means separatability. According the Article 13 of the constitution, if any part of the law is inconsistent with part III (Fundamental Rights) of the constitution, such part can be separated and declared void and not entire law. Article 13 of the constitution says ...... to the extent of inconsistency to be void. 7. Constituent Assembly Constituent Assembly was an indirectly elected representatives for the purpose of drafting and adopting the constitution for India. It was held its first meeting on 09.12.1946. Dr. Rajendra Prasad was its first President. It appoints 14 committees for various purposes including assisting the drafting committee. Dr.B.R.Ambedkar was the chairman of the drafting committee. 8. Classifications of constitutions 1. Written constitution 2. Unwritten constitution 3. Evolved 4. Enacted 5. Federal 6. Confederal 7. Quasi federal 8. Unitary 9. Rigid 10. Flexible Brownson's classification Constitution of nature Constitution of Society Constitution of Government

1. Define contract and essentials of a valid contract According to Section 2(h) of the Indian Contract Act 1872, An agreement enforceable by law is a contract. Essentials : 1. Agreement 2. Intention to create legal relationship 3. Free consent 4. Lawful object 5. Lawful consideration 6. Capacity of the parties to contract 7. Writing and registration 8. Certainty 9. Agreement not expressly declared void. 2. Voidable contract According to Section 2 (i) of the Indian Contract Act 1872, An agreement enforceable by law at the option of one or more parties thereto but not at the option of other or others is a voidable contract. It is not void ab initio, unless one of its parties prefers to avoid it. 3.Offer and essentials of offer According to Section 2(a) of the Indian contract Act 1872, "When a person signifies to another his willingness to do or abstain from doing anything with a view to obtaining assent of the other to such act or abstinence said to make a proposal. Essentials of offer : 1. The proposer must communicate the offer to offeree 2. Willingness to create a legal relationship. 3. To obtain assent of the other party 4. Consideration and essentials of the consideration Technically consideration means "Quid Pro Quo" or something for something. It has some value in the eyes of law. It may be past, present of future. Adequacy of consideration is not essential in a contract. Essentials : 1. An agreement must be supported with consideration. 2. It must be moved at the desire of the proposer 3. Privity of consideration 4. Must have some value in the eyes of law. 5. Should not be illegal 6. Should not be an act of duty. 5. Privity of Contract It means the relationship between the parties to the contract. A stranger to contract cannot sue, even though he is a beneficiary for the contract. Case law : Twiddle vs Atkinson. Exceptions : 1. Trust rights 2. Acknowledgement 3. Family arrngements or maintenance 4. Convenants running with the land. 6. Standard form of Conract The business concerns of public utility services, dealing with public at large, for convenience, have their own predrafted matters as contract agreemens witout leaving an option to the acceptor to negotiate terms. This is called Standard form of contract. Examples : 1. Insurance policies 2. Air tickets 3. Railway cloak room receipts 7. Invitation to offer Where a party without expressing his final willingness, proposes certain terms on which he is willing to negotiate. The respondant will become the offeror. Examples : 1. News paper advertaisement for sale of house. 2. Hotel menu card 3. Shop keepers catelogue 8.Nature of minor's agreement Accordin to section 10 of the Indian Contract Act 1872, a minor is not capable to enter into a contract. Thus a contract with minor is void ab initio. However, mior can be a beneficiary, he can draw negotiable instruments. Examples : 1. Necessaries provided to minor 2. Can become a partner for the benefit. 3. Insurance poicies.

9. Explain social Agreement Social agreements are made between friens and relatives, without having an intention to create a legal relationship or being enforceable. Esamples : Agreements between 1. Husband and wife 2. Parent and child 10. Revocation of offer According to section 5 of the Indan contract Act 1872, " A proposal may be revoket at any time before the communication of its acceptance is completed as against the proposer, but not afterwards". The revocation of offer can be made by 1. Noice of revocation 2. Lapse of time 3. Failure to fulfil a condition 4. Death or insanity of the propser 3. Offer and essentials of offer When a person proposes to other his willingness to do or not to do anything, inorder to obtain his assent, it is called offer. Essentials of offer : 1. The proposer must communicate the offer to offeree 2. Willingness to create a legal relationship. 3. To obtain assent of the other party.

1. What is pollution and various kinds of pollution Pollution means to make dirty of spoil. Introduction of contamination into tehe environment that causes adverse changes is called environmental pollution Kinds of pollution : 1. Air pollution 2. Water pollution 3. Soil pollution 4. Noise pollution 5. Radiation pollution 6. Marine pollution 2. Causes for environmental pollution Main causes for environmental pollution are : 1. Industralisation 2.Urbanisation 3. Deforestration 4. Use of Modern Agriculture techniues i.e., use of fertilizers, pesticides 5. Science and technology i.e., computers, nuclear weapons, electronic wastages 6. Plastic 7. lack of awarness and education. 3. Explain Global warming A gradual increase in the overall temparature of earths atmosphere due to greenhouse effect caused by Carbondioxide (Co2), Chloroflorocarbons (CFCs) and other pollutants is called Global warming 4. Explaine Ozone depletion Ozone (O3) is a blue gas. It is present in Statosphere. The decrease in width of the ozone layer in Stratosphere is called ozone depletion. Ozone protects the biosphere from ulra volet radiation. The causes for ozone depletion are : 1. Nuclear wasts 2. Use of fertilizers source of increase in Nitrozen 3. Chemical industries releases Hydrozen gases 4. CFCs used in refregerations and air conditioners. 5. Explain Strict liability When a person keeps or accumulates some dangerous thing on his land, which is likely to escape and cause danger to public, he is liable irrespective of his negligence of fault. This is called strict liability Case law : Rylands vs Fletcher 6. Explain the rule of Absolute liability No exceptions are allowed in Absolute liability. The polluter deals withdagerous and hazardious poroducts to earn profits. He is having social responsibility to compensate the public for occurance of any damage. Case law : Oleum Gas Leakage. 7. Explain the common law remedies for environmental pollution Pollution cases in common law : 1. Nuisance 2. Tresspass 3. Negligence 4. Strict liability Common lawRemedies : In most of the cases the provisions of law of Torts are applicable in awarding damages and the provisions of CrPC applied for punishments. The provisions of Environmental law also applied. Example : Section 441 to 462 of IPC for Tresspass, The Environment (protection) Act 1986., Priciples of Strict liability, Principles of Absolute liability. 8. Public nuisance Interferance with the right or interest of common public is called public nuisance. Exmples : Noise, Dust, Smoke, Gases. It effect public health like causes skin diseases, cancers, dumbness, blindness etc.

9. Section 133 of CrPC powers of Executive Megistrate Power to make conditional order to remove, protect or destroy 1. Any obstruction or nuisance 2. Carrying such trade or occupation 3. keeping such goods against the person in the interest of public health and safety. 10. Oleum Gas leak case The Supreme Court laid down the principle of Absolute liability. The owners produce dangerous and hazardious products to earn their profits. There is a social obligation on them to compensate those people who suffered from their activities. Case law : M C Mehta vs Sri Rama Foods and Fertilizer Industries

1. Forms of Hindu Marriage 1. Brahma 2. Daiva 3. Arsha 4. Prajapathya 5. Gandarva 6. Asura 7. Rakshasa 8. Paisacha 2. Types of Marriage 1. Monogamy : A man takes only one wife during his lifetime 2. Polygamy : Having more than two spouses at a time, this includes Bigamy 3. Polyandry : A women having more than two husbands at a time 4. Pologny : A man having more than two wives at a time 5. Cenogamy : Two or more men having two or more wives at a time commonly 6. Endogamy : Marriages in same case and in same religion 7. Exogamy : Inter-caste and inter-religion marriages 3. Nature of Hindu marriage Hindu marriage is a Sastrik or a Sacramental. It is not a contractual marriage. Various religious ceremonies performed establishing the solemnization of marriage. Saptapadi, Mangalasutra Dharana, Kanya danam, Appagintalu etc., are some of them. There is no divorce system in ancient Hindu Marriage. 4. Section 5 of Hindu Marriage Act 1955 Prescribes conditions for Hindu Marriage Section 5 (i) : Prohibits Polygamy and Bigamy, Section 5 (ii) : Incapacity to give valid consent due to unsound mind Section 5(iii) : Minimum Age for male 21 years, for female 18 years Section 5(iv)Prohibits marriages within the prohibited degrees of relationship, unless custom permits Section 5(v) Prohibits marriages within Sapinda relationship. 5. Section 8 of Hindu Marriage Act 1955 Provides Registration of Hindu Marriage. It is optional. Empowered Stage Governments to make rules and conditions for registration of marriages. Hindu marriage register should be maintained and kept available and it can be produced as an evidence. 6. Section 7 of Hindu Marriage Act 1956 Provides certain ceremonies to be solemnized according to religious customs. The section recognizes "Saptapadi". Saptapadi means the Bride and the Bridegroom together walk seven steps around the sacred fire. Some of the ceremonies of Hindu marriage are : Kanya danam, Mangalasutra Dharana, Appagintalu, Kasi Yatra etc., 7. Section 3 of Hindu Marriage Act 1956 Defines Sapinda relationship. When two persons are descended from a common ancestor(a) with the same wife : Full blood relation., (b) with more than one wife : Half blood relation and (c) with different husbands : Uterine blood relation. 8. Modern sources of Hindu law 1. Precedents : The judgments of Privy council and the Supreme Court are binding on all other courts of India. They can be referred as precedents. The judgments of State High courts are binding on all subordinate courts f that state. 2. Equity, Justice and Good conscience : The judges uses their wisdom in deciding cases, where is no precedents are any codified law 3. Legislations made by parliament and state legislatures including executive acts.

9. Ancient Sources of Hindu law 1. Sruti : The words of God which were heard by sages. Srutis are also called Vedas. 2. Smritis : What has been remembered from the words of God by sages. Yagnavalkya Smriti, Narada Smriti, Bruhaspathi Smriti are some of them. 3. Customs : The uniform practice of any act followed certainly, continuously for a time immemorial are customs. Eg : Jellikattu in tamilnadu, Kutch Memons belongs to Muslim community follow Hindu marriage ceremonies. 10. Characteristics of Hindu Joint family It is a creature of law. All lineal descendents from a common ancestor including their wives, unmarried daughters form a joint family. They live together, join in food and acquire property. Having joint property is not essential. It is continuous in nature till partition of property. 11. Coparceners & Karta Every coparcenary starts with a common ancestor. Must family united and must have property. Only male members are coparceners. Fluctuate with births and deaths in the family. Limited to four degrees from the holder of property. Karta is the Head of Hindu Joint Family. Have duty to maintain family, not to incur Avyavaharic debts, Powers to incur income and expenditure, Maintain family business, To look after welfare of the family. Right to alienate the property.

1. Define Tort The term "Tort" is derived from Latin term "Tortum" which means to twist. Tort is a civil wrong. It is a breach of private duty primarily fixed by law. It is repressible by an action for unliquidated damages. 2. Essentials of a Tort 1. Breach of some legal duty by one person towards other(s). 2. Cause injury to legal right of the other person (plaintiff) 3. It is redressible by by an action for unliquidated damages. 3. Difference between Tort and Crime Tort : 1. It is a civil wrong. (Eg: Theft) 2. Breach of legal duty primarily fixed by law 3. Redressible by an action for unliquidated damages. 4. Principles of common law applicable (Justice Equity and good conscience) 5. Plaintiff has to approach the court Crime : 1. It is a Crime (Eg: Murder) 2. Breach of public duty 3. Punishable under Cr.PC 4. Procedures of CrPC applicable 5. State will take it as an issue. 4. Vicarious liability Under certain circumstances a person is liable for wrongful acts of other person, through his own authority. It is called Vicarious liability. Examples : 1. Master is liable for the acts of his agent 2. State is liable for the acts of its servants This is based on the legal maxim : "Qui facit per allium facit per se" 5. Limitations of "volenti non fit injuria" It is a legal maxim. It means harm suffered voluntarily does not constitute a legal injury. The maxim has certain exceptions/limitations. They are 1. No consent can legalise an unlawful act. 2. Mere knowledge of risk on part of plaintiff is not sufficient 3. Negligence on part of the defendant or consent obtained through fraud, mischief etc., 6. Exceptions to Strict liability 1. Plaintiff's own default 2. Vis Major (Act of God) 3. Act of third party 4. Statutory Authority 7. Essentials of Absolute liability 1. The person should engaged in an inheritantly dangerous or hazardous activity. 2. Harm is caused to any person due to any accident out of such an activity 8. Difference between independent and joint tortfeasor 1. When two persons injure the same person or property, without a common intention are called independent tortfeaors. 2. Joint tortfeasers injure the same person or property with a common intention....