Constitutional Law of India

This book thoroughly details case-law pertaining to the Indian Constitution, past and present and explains the various aspects of the structure and history of our Constitution. The language of the book is clear and concise, the subject index good and the structure of the book logical.

The author has taken pains to give at the outset the text or summary of relevant 'Articles ' of each topic and then to explain implications thereof with reference to constitutional documents, history, judicial dicta and comparable provisions of other constitutions and their interpretation.

A detailed general index makes it easier for the legal academicians to locate and consult the relevant matter in the book.

• Lawasia, Australia : ... It provides through its historical introduction, clear style and layout, a gentle introduction to the Indian Constitution which is very encouraging to lawyers from other jurisdictions, political scientists and other persons lay to the law. He deals with major issues of Indian Constitutional law in some depth, but with a clarity that eludes many when they attempt to deal with this subject which is complex in itself, but which is rendered more difficult by the torrent of words streaming off the pens of the judges.
  
• Law Books in Review, U.S.A. : Recommended for law libraries teaching or dealing with cases in international law or constitutional law.
• Journal of Indian Law Institute : ...the merit of the book lies in that it has been written in a very simple language and the author has intelligently, carefully and rightly blended the theme and material in the book. ...on the whole, the book is useful to law students, legal practitioners and any other person interested in the study of the Constitution.

                   TABLE OF CASES XXII

                   What is a Constitution? - What is Constitutional Law?
                   - Regulating Act - Act of Settlement -Pitt's India Act
                   - Charter Act, 1813 - Charter Act, 1833-Charter Act, 1853
                   - Government of India Act, 1858 - Indian Councils' Act, 1861
                   - Indian Councils' Act, 1892 - Indian Councils' Act, 1909
                   - August Declaration - Government of India Act, 191
                   - Government of India Act, 1935 - Cripps proposals (1942)
                   - Cabinet Mission Scheme (1946) - Indian Independence Act, 1947
                   - Framing of the Constitution - Objective Resolution

                   Nature of Indian Federal System
                   - Federal Principle - Essentials of a Federal Constitution
                   - Distinctive Features of the Indian Federal System
                   - Form of Government - Salient Features of the Indian Constitution.

                   Amendment of the Preamble
                   - ''We, the People of India''
                   - Sovereign - Socialist - Secular - Democratic
                   - Republic - Justice - Liberty - Equality - Fraternity
                   - Unity and integrity - Preamble and Interpretation of the Constitution
                   - Is Preamble part of the Constitution - Can Preamble be amended ?
                   - Comparison with America

                   Name and Territory of the Union
                   - Admission or Establishment of New States
                   - Formation of new States and alteration of areas,
                   boundaries or names of existing States 
                   - Cession of Indian Territory to a Foreign Country

                   Citizenship and Aliens - Citizenship and Domicile
                   - Citizenship , Domicile and Nationality - Citizenship in India
                   - Citizenship by Domicile - Rights of Citizenship of Certain
                   persons who migrated to Indian from Pakistan
                   - Rights of Citizenship of those Persons who migrated to Pakistan
                   - Citizenship of Indians living abroad - Persons Voluntarily
                   Acquiring Citizenship of a Foreign State not to be Citizens of India
                   - Continuance of Rights of Citizenship - Parliament to Regulate
                   Right of Citizenship by Law - Indian Citizenship Act, 1955
                   - Citizenship by Birth - Citizenship by Descent - Citizenship by Registration
                   - Citizenship by Naturalization - Citizenship by Incorporation of Territory
                   - Termination of Citizenship - Common-wealth Citizenship
                   - Company or Corporation : Whether Citizen of India
                   - Citizens and Non-citizens

                   Fundamental rights and ordinary rights
                   - Characteristic of Fundamental rights
                   - Why Fundamental ? - Classification of Fundamental Rights
                   - New Trends - The definition of State (Article 12)
                   - Local authorities - Other authorities
                   - Is judiciary included in the word ''State''
                   - Authorities under the control of the Government of India
                   - Laws made void (Article 13) - Power of judicial review
                   - Rules of Interpretation - Article 13 is prospective 
                   and not retrospective - Rule of Severability or Separability
                   - Doctrine of Eclipse - Doctrine of Waiver

                   Legislative Classification - Basis for classification
                   - Single person laws - Classification without a difference
                   - Procedural inequality - Administrative discretion
                   - Article 14 and taxing Laws - Miscellaneous cases

                   Discrimination on Grounds of Religion etc. (Article 15)
                   - Article 15(1) - Article 15(2) - Article 15(3) - Article 15(4)
                   - Equality of Opportunity in matters of Public Employment (Article 16)
                   - Article 16(1) - Article 16(2) - Article 16(3) - Article 16(4)
                   - Article 16(5) - Abolition of Untouchability (Article 17)
                   - Abolition of Titles (Article 18)

                   ''Reasonable Restrictions''
                   - Freedom of Speech and Expression [Article 19(1)(a) and 19(2)]
                   - Freedom of the Press - Advertisements - Film Censorship
                   - Demonstrations, Picketing and Strike
                   - Reasonable restrictions on Freedom of Speech and Expression
                   - Sedition - Right to Assemble Peaceably and
                   Without Arms [Article 19(1)(b) and 19(3)]
                   - Right to Form Associations or Unions
                   [Article 19(1)(c) and 19(4)] - Freedom of Movement
                   [Article 19(1) (d) and Article 19(5)]
                   - Freedom of Residence [Article 19(1)(e) and Article 19(5)]
                   - Right to Property [Article 19(1)(f)]
                   - Freedom of Trade and Occupation [Article 19(1)(g) and Article 19(6)]
                   - Instances of Reasonable Restrictions
                   - Instances of Unreasonable Restrictions
                   - Taxation is not Restriction
                   - Professional and Technical Qualifications
                   - State Trading and Monopoly
                   - Suspension of Article 19 during Emergency

                   Ex Post Facto Laws [Article 20(1)]
                   - Double Jeopardy [Article 20(2)]
                   - Double Jeopardy and Issue Estoppel
                   - Protection against Self-Incrimination [Article 20(3)]
                   - Person accused of an offence
                   - Protection against Compulsion to be a Witness
                   - Compulsion to give evidence ''against himself''
                   - Suspension of Article 20

                   Detention by private person
                   - Scope of Personal Liberty under Article 21
                   - Passport case - Case of Maneka Gandhi
                   - Damages for violation of Article 21 Prisoner's
                   Rights and Article 21 - Scope of Right to Life under Article 21
                   - Article 21 and Death Sentence
                   - Inter-relationship between Articles 21, 19 and 14
                   - Procedure Established by Law
                   - Suspension of Article 21 in Emergency

                   Rights of Arrested Persons [Article 22(1) and 22(2)]
                   - Exception [Article 22(3)]
                   - Preventive Detention [Article 22(4) to (7)]
                   - Constitutional Safeguards against Preventive Detention
                   - Review by Advisory Boards
                   - Grounds of Detention to be communicated
                   - Rights of Representation - Procedure of Advisory Boards

                   Prohibition of Traffic in Human Beings and
                   Forced Labour (Article 23)
                   - Prohibition of Employment of Children in Factories, etc. (Article 24)

                   Freedom of Conscience and Free Profession,
                   Practice and Propagation of Religion (Article 25)
                   - Restrictions on Freedom of Religion
                   - Freedom to Manage Religious Affairs (Article 26)
                   - Freedom as to Payment of Taxes for
                   Promotion of any Particular Religion (Article 27)
                   - Freedom as to Attendance at Religious Instruction or
                   Religious Worship in Certain Educational Institutions (Article 28)

                   Protection of Interests of Minorities (Article 29)
                   - Right of Minorities to Establish and Administer
                   Educational Institutions (Article 30)
                   - Relationship between Articles 29(1) and 30(1)
                   - Article 30(1) and Directive Principles

                   Eminent Domain - Public Purpose - Article 31
                   - First Amendment (1951) - Fourth Amendment (1951)
                   - Fourth Amendment (1955) - Seventeenth Amendment (1964)
                   - Twenty-Fifth Amendment (1971)
                   - Forty-second Amendment (1976)
                   - Case Law - Privy Purses - Article 300-A

                   Supreme Court as the Protector of Fundamental Rights
                   - Who may apply under Article 32
                   - Public Interest Litigation
                   - Enforcement of Fundamental Rights
                   - Territorial Jurisdiction
                   - Jurisdiction of the Supreme Court and High Courts
                   - Article 32 and Res Judicata - Laches
                   - Existence of Alternative relief
                   - Writ against High Court - Corporations - Article 32(4) : Emergency

                   Savings of Laws providing for acquisition of
                   Estates etc. (Article 31-A)
                   - (Validation of Certain Acts and Regulations) (Article 31-B)
                   - Saving of Laws Giving Effect to Certain
                   Directive Principles (Article 31-C)
                   - Power of Parliament to Modify the Fundamental Rights
                   in their Application to Armed Forces (Article 33)
                   - Restriction on Fundamental Rights while
                   Martial Law is in Force (Article 34)
                   - Legislation to give effect to the Provisions of
                   Part III of the Constitution (Article 35)
                   - Assessment of Fundamental Rights

                   Factors to be considered - Writ of Certiorari
                   - Writ of Prohibition - Writ of Prohibition and Certiorari
                   - Writ of Mandamus - Writ of Quo Warranto
                   - Writ of Habeas Corpus

                   Underlying Object of Directive Principles
                   - Directive Principles
                   - Relation between Directive Principles and Fundamental Rights
                   - Implementation of Directive Principles

Fundamental duties in other countries

                   President of India - Election of President
                   - Term of office - Qualifications for election as President
                   - Conditions of President's office - Oath or affirmation
                   - Procedure for impeachment of President
                   - Time of holding election to fill vacancy
                   - Discharge of President's functions
                   - Disputed elections of President or Vice-President
                   - Privileges of President - Executive Powers
                   - Military powers - Diplomatic powers
                   - Legislative Powers - Financial Powers
                   - Judicial Powers - Emergency Powers
                   - Dissolution of Lok Sabha
                   - Constitution Position of the President
                   - Effect of changes after 1976
                   - Discretionary Power of the President
                   - Differences between President Zail Singh
                   and Prime Minister Rajiv Gandhi
                   - Comparison with American President
                   - Vice-President of India - Election of Vice-President
                   - Term of Office - Oath - Election Disputes
                   - Prime Minister of India - Collective Responsibility
                   - Council of Ministers - Ministerial Responsibility
                   - Dismissal of a Minister - Dismissal of the Ministry
                   - Attorney-General for India

Council of States (Rajya Sabha)
                   - Composition of the House of the People (Lok Sabha)
                   - Duration of Houses of Parliament
                   - Qualifications for membership of Parliament
                   - Sessions of Parliament etc. - Address and Messages
                   - Special Address - Right of Ministers and Attorney-General
                   - Officers of Parliament - Salaries and allowances
                   - Speaker of Lok Sabha - Secretariat of Parliament
                   - Conduct of Business - Vacation of Seats
                   - Disqualification for membership - Office of Profit
                   - Decision on questions as to disqualifications of members
                   - Penalty for sitting and voting
                   - Powers, Privileges and immunities
                   - Salaries and allowances of members
                   - Introduction and passing of Bills
                   - Joint sitting of both Houses
                   -Special procedure in respect of Money-bills
                   - Definition of money-bills
                   - Assent to Bills (Article 111)
                   - Procedure in financial matters : Annual Financial Statement
                   - Procedure in Parliament with respect to Estimates
                   - Appropriation Bill - Supplementary, additional or excess grants
                   - Votes on account, votes of credit and exceptional grants
                   - Financial Bills - Special provisions as to Financial Bills
                   - Procedure generally - Procedure relating to financial matters in Parliament
                   - Language in Parliament
                   - Restriction on discussion in Parliament
                   - Courts not to inquire into proceedings of Parliament
                   - Power of President to promulgate Ordinances
                   - Publication of Proceedings of Parliament
                   - Position of Parliament - Comptroller and Auditor-General of India

                   Establishment and constitution of Supreme Court
                   - Suppression of three judges
                   - Supersession of Mr. Justice Khanna
                   - Tenure and Removal of Judges - Qualifications
                   - Oath - Bar on Practice - Salaries of Judges
                   - Acting Chief Justice - Ad hoc Judges
                   - Retired Judges - Court of Record
                   - Seat of Supreme Court
                   - Jurisdiction of the Supreme Court
                   - Original Jurisdiction
                   - Enforcement of Fundamental Rights
                   - Principle of affirmative action
                   - Appellate Jurisdiction : Constitutional
                   - Appeals in Civil Cases (Article 133)
                   - Appeals in Criminal Cases (Article 134)
                   - Appeal without Certificate - Appeal with Certificate
                   - Certificate for appeal to the Supreme Court (Article 134-A)
                   - Federal Court's Jurisdiction to be exercised by Supreme Court
                   - Special Leave to appeal to Supreme Court (Article 136)
                   - Special leave in Criminal Cases - Tribunals
                   - Distinction between Article 136 and Articles 132 to 135
                   - Advisory jurisdiction of Supreme Court (Article 143)
                   - References made to Supreme Court by President
                   - Review of judgments or orders by the Supreme Court (Article 137)
                   - Enlargement of Jurisdiction of Supreme Court
                   - Conferment on the Supreme Court the Power to issue certain writs
                   - Transfer of certain cases
                   - Ancillary Powers of Supreme Court (Article 140)
                   - Law declared by Supreme Court binding on all Courts (Article 141)
                   - Prospective overruling in constitutional cases
                   - Is Supreme Court bound by is own decisions
                   - Enforcement of Decrees and Orders of Supreme Court
                   - Article 144 - Rules of Supreme Court
                   - Officers and Servant and Expenses of Supreme Court
                   - Working of the Supreme Court
                   - Comparison of Supreme Courts of India and USA
                   - Independence of the Judiciary

                   The Governor - Powers of the Governor : Executive Powers
                   - Financial Powers - Legislative powers - Judicial powers
                   - Governors in Action - Council of Ministers
                   - Chief Minister - Recommendations of the Governors' Committee
                   - Relationship between Governor and Council of Ministers
                   - Advocate-General for the State

                   Composition of Legislative Assemblies
                   - Composition of Legislative Councils
                   - Duration of State Legislatures
                   - Qualifications for Membership
                   - Sessions of State Legislature
                   - Right of Governor to address
                   - Rights of Ministers and Advocate-General
                   - Officers of the State Legislature
                   - Secretarial of State Legislature Conduct of business
                   - Voting - Vacation of seats - Disqualifications of members
                   - Powers, Privileges etc.- Salaries
                   - Legislative Procedure - Procedure for Money Bills
                   - Assent to Bills - Procedure in financial matters
                   - Appropriation Bills - Supplementary, additional or excess grants
                   - Votes on account etc.
                   - Special provisions regarding financial bills
                   - Procedure generally - Legislative power of Governor

                   High Courts - Jurisdiction and Powers of High Courts
                   - Article 226 - General Principles
                   - Who can Apply under Article 226
                   - Territorial Extent of Writ Jurisdiction
                   - Natural Justice - Effect of Laches or Delay
                   - Res Judicata - Relation between Articles 32 and 226
                   - Article 227 - Articles 226 and 227
                   - Subordinate Courts - Control of High courts

                   Freedom of Speech - Right of publication of proceedings
                   - Freedom from arrest - Right to exclude Strangers
                   - Right to regulate internal proceedings
                   - Right to punish for contempt
                   - Right to punish members for contempt or breach of privilege
                   - Law Courts and Privileges
                   - Parliamentary privileges and Fundamental Rights
                   - Codification of Privileges

                   Legislative Relations - Doctrine of territorial nexus
                   - Delegated Legislation - Causes of Delegated Legislation
                   - Limits of Delegated Legislation - Judicial Control
                   - Parliamentary Control - Publication of Delegated Legislation
                   - Sub-delegation - Distribution of Legislative Powers
                   - Union List - State List - Concurrent List
                   - Plenary power of legislatures
                   - Legislative power can be exercised both prospectively and retrospectively
                   - Principle of harmonious construction
                   - Doctrine of pith and substance
                   - Power to regulate on ancillary matter
                   - Doctrine of colourable legislation
                   - Doctrine of Repugnancy
                   - Non obstante clause of Article 246
                   - Power of Parliament to legislate on State subjects
                   - Inconsistency between laws made by Parliament and State Legislature
                   - Reservation of Bills - Control of the Union for States
                   - Obligation of States - Control of Union over States
                   - Power of Union to confer powers
                   - Power of State to entrust functions to Union
                   - Jurisdiction of Union in relation to territories outside India
                   - Public Acts, records and judicial proceedings
                   - Disputes relating to waters Coordination between States
                   - All-India Services - Grants-in-Aid
                   - No Tax without authority of law - Tax and Fee
                   - Taxes by the Union - Taxes by States
                   - Consolidated Funds of India and States
                   - Contingency Fund
                   - Duties levied by the Union but collected and
                   appropriated by the States
                   - Taxes levied and collected by the Union but assigned to the States
                   - Taxes levied and collected by the
                   Union and distributed between the Union and States
                   - Surcharge on certain duties and taxes for purposes of the Union
                   - Taxes which are levied and collected by the union
                   and may be distributed between the Union and the States
                   - Grants in lieu of export duty on jute and jute products
                   - Prior recommendation of president required to
                   Bills affecting taxation in which States are interested
                   - Grants from the Union to certain States
                   - Taxes for the purposes of States - Articles 227 and 372
                   - Restrictions on the taxing power of States
                   - Doctrine of Mutual Exemption
                   - Exemption of Union property from State taxation
                   - Exemption of property and income of a State from Union taxation
                   - Exemption from taxes on Electricity
                   - Exemption from Taxation by States in respect of
                   Water or Electricity in certain cases - Criticism - Rajamannar Committee
                   - Report of Administrative Reforms Commission
                   - During Emergency - After Emergency - Recommendations
                   of Southern Chief Ministers (1983)
                   - Appointment of Sarkaria Commission (1983)
                   Vijayawada Conclave - Srinagar Conclave - Calcutta Conclave (1984) 

                   Succession to Property - Right to Escheat
                   - Natural Resources - Power to carry on Trade
                   - Contracts No personal liability - Suits and Proceedings
                   - Liability in Tort - Act of State - Whether State bound by Statute

                   Freedom of Trade, Commerce and Intercourse (Article 301)
                   - Article 301 is subject to restrictions imposed under Articles 302 to 305
                   - Power of Parliament to impose restrictions in public interest
                   - Restrictions on powers of Parliament and State Legislature
                   - Restrictions on Trade, Commerce and Intercourse
                   - Saving of existing laws - Appointment of Authority

                   Doctrine of Pleasure in the Constitution of India
                   - Restrictions on the Doctrine of Pleasure
                   - Reasonable Opportunity
                   - ''Civil Post'' Article 311(1) : No Removal by subordinate authority
                   - Article 311(2) : Reasonable opportunity to defend
                   - Compulsory Retirement - Article 311 applies
                   both to permanent and temporary servants
                   - Second Proviso to Article 311 (2)
                   - Remedies available when second proviso is applied
                   - All-India Services - Public Service Commission
                   - Functions of Public Service Commissions

                   Administrative Tribunals - Tribunals for other matters

                   Election Commission - Functions of Election Commission
                   - Power of Parliament and State Legislature regarding Election Laws
                   - Courts not to interfere in election matters
                   - Indira Nehru Gandhi v. Raj Narain

                   Scheduled Castes and Scheduled Tribes
                   - Reservation of seats in Lok Sabha and State Assemblies
                   - Anglo-Indians - Backward Classes - Linguistic minorities

                   Official Language of the Union - Regional Languages
                   - Language of Supreme Court, High Courts
                   - Special Directives - Official Languages Act, 1963
                   - Official Languages (Amendment) Act, 1967

                   National Emergency - Amendment of 1975
                   - Amendment of 1976 - Amendment of 1978
                   - Amendment of 1988 - Article 352
                   - Declaration of Emergency
                   - Consequences of Emergency
                   - Failure of constitutional machinery in States (Article 356)
                   - Financial Emergency - Criticism

                   Procedure for Amendment
                   - Amendment of Fundamental Rights
                   - I. C. Golak Nath v. State of Punjab
                   - The Constitution (Twenty-fourth Amendment) Act, 1971
                   - kesavananda Bharti v. State of Kerala
                   - Indira Nehru Gandhi v. Raj Narain
                   - Minerva Mills Ltd. v. Union of India
                   - Woman Rao v. Union of India
                   - Ambika Prasad Mishra v. State of U. P.
                   - A. K. Roy v. Union of India

                   BIBLIOGRAPHY 765
                   SUBJECT INDEX 773