Indian Constitution Short Questions

What do you mean by ‘colourable exercise of power’ in relation to preventive detention?

A detention order may be quashed on the ground of colourable exercise of power if there is no rational material for the subjective satisfaction of the detaining authority, or that the material is such that no reasonable person could possibly arrive at such satisfaction on its basis. A considerable delay, say of two or three […]

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What is the basic structure of the Indian Constitution?

The question has been considered by the Court from time to time, and several such features have been identified, but the matter still remains an open one. In the seminal Keshavananda case, Justice Sikri mentioned the following as the ‘basic foundation and structure’ of the Indian Constitution:- (1) Supremacy of the Constitution; (2) Separation of […]

What observation was made by the then chief justice in Golak Nath’s case in regard to Fundamental Rights?

The Chief Justice equated Fundamental Rights with the natural rights and characterized them as “the primordial rights necessary for the development of human personality”. He took the position that the fundamental rights are assigned transcendental place under our constitution and, therefore, they are kept beyond the reach of parliament. The judge took recourse to the […]

What was held in the case of Golak Nath v. State of Punjab ?

In Golak Nath   v. State of Punjab, the Supreme Court overruling its earlier decision in Shankari Prasad and Sajjan Singh, that the Fundamental Rights are non-amendable through the constitutional amending procedure set out in Article 368, while the minority upheld the line of reasoning adopted by the Court in the two earlier cases.

What is the procedure for amendment of the Indian Constitution under Article 368 (2)?

An amendment of the Indian Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall […]

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