Constitution : Schedules, Fundamental Rights, Forms of Writs, Parts of the Constitution and the New CLAT Notes | EduRev

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CLAT : Constitution : Schedules, Fundamental Rights, Forms of Writs, Parts of the Constitution and the New CLAT Notes | EduRev

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Constitution : Schedules, Fundamental Rights, Forms of Writs, Parts of the Constitution and the New CLAT Notes | EduRev

SCHEDULES  IN  CONSTITUTION

1First ScheduleList of States and Union Territories.
2Second ScheduleSalary of President, Governors, Chief Judges, Judges of High Court and Supreme Court, Comptroller and Auditor General.
3Third ScheduleForms of Oaths and Affirmations.
4Fourth ScheduleAllocate seats for each State of India in Rajya Sabha.
5Fifth ScheduleAdministration and control of Scheduled Areas and Tribes.
6Sixth ScheduleProvisions for administration of Tribal Area in Asom, Meghalaya, Tripura, Mizoram & Arunachal Pradesh.
7Seventh ScheduleGives allocation of power & functions between Union & States. It contains 3 lists.

1. Union List (for Central Govt.): 97 subjects
2. States List (Powers of State Govt.): 66 subjects
3. Concurrent List (Both Union & States): 47 subjects

8Eighth ScheduleList of 22 languages of India recognized by constitution.

1. Assamese
2. Bengali
3. Gujarati
4. Hindi
5. Kannada
6. Kashmiri
7. Konkani
8. Malyalam
9. Manipuri
10. Marathi
11. Nepali
12. Oriya
13. Punjabi
14. Sanskrit
15. Sindhi
16. Tamil
17 . Telegu
18. Urdu
19 . Santhali
20. Bodo
21.  Maithili
22. Dogri  
[Sindhi was added in 1967 by 21st amendment] [ Konkani, Manipuri and Nepali were added in 1992 by 71st amendment]
[Santhali, Maithili, Bodo and Dogri were added in 2003 by 92nd amendment] 

9Ninth ScheduleAdded by 1st amendment in 1951. Contains acts and orders related to land tenure, Land tax, railways, Industries. [Rights of Property not a fundamental right now].
10Tenth ScheduleAdded by 52nd amendment in 1985. Contains provisions of disqualification of grounds of defection.
11Eleventh ScheduleBy 73rd amendment in 1992. Contains provisions of  Panchayati Raj.
12Twelfth ScheduleBy 74th amendment in 1992. Contains provisions of  Municipal Corporation.

FUNDAMENTAL  RIGHTS
RIGHT  TO  EQUALITY

1Article 14Equality before law and equal protection of law.
2Article 15Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.
3Article 16Equality of opportunity in matters of public employment.   
4Article 17End of Untouchability.
5Article 18Abolition of titles. Military and academic distinctions are, however, exempted.
Constitution : Schedules, Fundamental Rights, Forms of Writs, Parts of the Constitution and the New CLAT Notes | EduRev

Our Constitution acts as the Center of the wheel around which the democracy sustains itself

RIGHT  TO  FREEDOM 

1Article 19It guarantees the citizens of India the following six fundamental freedoms:
(a)    Freedom of Speech and Expression.
(b)   Freedom of Assembly.
(c)    Freedom to form Associations.
(d)   Freedom of Movement.
(e)    Freedom of Residence and Settlement.
(f)    Freedom of Profession, Occupation, Trade or Business.
2Article 20Protection in respect of conviction for offences.
3Article 21Protection of life and personal Liberty.
4Article 22Protection against arrest and detention in certain cases.

RIGHT  AGAINST  EXPLOITATION

1Article 23Traffic in human beings prohibited.
2Article 24No child below the age of 14 can be employed.

RIGHT  TO  FREEDOM  OF  RELIGION

1Article 25Freedom of conscience and free profession, practice and propagation of religion.
2Article 26Freedom to manage religious affairs.
3Article 27Prohibits taxes on religious grounds.
4Article 28Freedom as to attendance at religious ceremonies in certain educational institutions.

CULTURAL  AND  EDUCATIONAL  RIGHTS

1Article 29Protection of interests of minorities.
2Article 30Right of minorities to establish and administer educational institutions.
3Article 31Omitted by the 44th Amendment Act.

RIGHTS  TO  CONSTITUTIONAL  REMEDIES

Article 32The right to move the Supreme Court in case of their violation (called the Soul and heart of the constitution by B R Ambedkar)

FORMS  OF  WRITS

1Habeas CorpusLiterally means ‘to have the body’. Implies that a person imprisoned or detained by the law can enquire under what authority he has been imprisoned or detained 
2MandamusLiterally means a ‘command’ issued by the court commanding a person or a public authority to do or forbear to do something in the nature of public duty.
3Quo WarrantoAn order issued by the court to prevent a person from holding office to which he is not entitled & to oust him from the office.
4CertiorariIt is a Writ, which orders the removal of a suit from an inferior court to a superior court. (For speedy justicy). 
5prohibitionBy a higher court to stop proceedings in a lower court on the ground of over-stepping of jurisdiction or isolation of the rules of natural justice.

THE  NEW  STATES  CREATED  AFTER  1950

1Andhra PradeshCreated by the State of Andhra Pradesh Act, 1953 by carving out some areas from the state of Chennai.
2Gujarat and MaharashtraThe State of Mumbai was divided into two States i.e., Maharashtra and Gujarat by the Mumbai (Reorganisation) Act, 1960.
3KeralaCreated by the State Reorganisation Act, 1956. It comprised Travancon and Cochin areas.
4KarnatakaCreated from the Princely State of Mysuru by the State Reorganisation Act 1956. It was renamed Karnataka in 1973.
5NagalandIt was carved out from the State of Assam by the State of Nagaland Act, 1962.
6HaryanaIt was carved out from the State of Punjab by the Punjab (Reorganisation) Act, 1966.
7Himachal PradeshThe Union Territory Himachal Pradesh was elevated to the status of State by the State of Himachal Pradesh Act, 1970.
8MeghalayaFirst carved out as a sub-State within the State of Assam by 23rd Constitutional Amendment Act, 1969. Later, in 1971, it received the status of a full-fledged State by the North-Eastern Areas (Reorganisation) Act, 1971.
9Manipur and TripuraBoth these States were elevated from the status of Union Territories by the North-Eastern Areas (Reorganisation) Act, 1971.
10SikkimSikkim was first given the status of Associate State by the 35th Constitutional Amendment Act, 1974. It got the status of a full State in 1975 by the 36th Amendment Act, 1975.
11MizoramIt was elevated to the status of a full State by the State of Mizoram Act, 1986.
12Arunachal PradeshIt received the status of a full State by the State of Arunachal Pradesh Act, 1986.
13GoaGoa was separated from the Union Territory of Goa, Daman and Diu and was made a full-fledged State by the Goa, Daman and Diu Reorganisation Act 1987. But Daman and Diu remained as Union Territory.
14ChhattisgarhFormed by the Constitutional Amendment Act, 2000 by dividing Madhya Pradesh on November 1, 2000.
15UttarakhandFormed by the Constitutional Amendment Act, 2000 by dividing Uttar Pradesh on November 9, 2000.
16JharkhandFormed by the Constitutional Amendment Act, 2000 by dividing Bihar on November 15, 2000.
17TelanganaFormed by the Andhra Pradesh Reorganisation Act, 2014 by dividing Andhra Pradesh on June 2, 2014.

PARTS  OF  THE  CONSTITUTION

1Part – I (Article 1-4)Deals with territory of India formation of new states, alterations,names of existing states.
2Part – II (Article 5-11)Deals with various rights of citizenship.
3Part –III (Art.12-35)Deals with fundamental rights of Indian citizens. [Art. 31- dealing with the right to property was deleted by 44th amendment].  
4Part- IV (Art.36-51)Deals in Directive Principles of State Policy.
5Part-IV-A (Art.51A)Added by 42nd amendment in 1976. Contains the duties of the citizens.
6Part-V (Art.52-151)Deals with Govt. at the union Level. (Duties & function of PM, Ministers, President, Attorney General, Parliament – Lok Sabha & Rajya Sabha, Comptroller & Auditor General).
7Part-VI (Art.152-237)Deals with Govt. at State Level. (duties & functions of Chief Minister & his ministers, Governor, State legislative, High Court, Advocate General of the State).
8Part-VII (Art.238)Deals with States, was replaced in 1956 by the 7th amendment.
9Part-VIII (Art.239-241)Deals with Union Territory.
10Part-IXConsists of  2 parts:

1. Added by the 73rd amendment in 1992. Contains a new schedule ‘SCHEDULE ELEVEN’. It contains 29 subjects related to Panchayati Raj (They have been given Administrative powers).
2. Added by 74th amendment in 1992. Contains a new schedule ‘SCHEDULE TWELVE’. It contains 18 subjects related to Municipalities (They have been given administrative powers).

11Part-X (Art. 244, 244 A)Deals with scheduled & Tribal Areas.
12Part-XI (Art. 245-263)Deals with relation between Union & States.
13Part-XII (Art.264-300A)Deals with distribution of revenue between Union & States, Appointment of  Finance Commission (Article-280), Contracts, Liabilities etc.
14Part- XIII (Art. 301-307)Relates to Trade, Commerce & intercourse within the Territory of India. 
15Part-XIV (Art.308-323)Deals with UPSC and Public Service Commissions.
16Part-XIV-A (Art.323A,323B)By 42nd amendment in 1976. Deals with administrative tribunals set up by parliament to hear disputes & complaints regarding Union, States or Local govt. employees.
17Part-XV (Art.324-329)Deals with elections (all Election Commission).
18Part-XVI (Art. 330-342)Deals with special provisions for Scheduled castes & Scheduled Tribes & Anglo-Indian Representation.
19Part-XVII (Art.343-351)Relates to official language.
20Part-XVIII (Art.352-360)Deals with emergency Provisions.
21Part-XIX (Art.361-367)Exemption of criminal proceedings for their official acts as President& Governors.
22Part-XX (Art.368)Deals with Amendment of Constitution.
23Part-XXI (Art.369-392)[Art- 396 gives temporary powers to the Parliament to make laws for State list].
[Art.-370 contains temporary provisions of J & K – Restricts the Parliament to make laws for the State].
24Part-XXII (Art. 393- 395)Concerns the short title, commencement and repeal of the constitution.
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