Page 1 of 6 Constitution 2- Semester 2 Kerala University ...

1 BR Kapur v State of Tamil Nadu - constitution document, legal sanctity ( 467-25-12) Union Executive 51 – 78 President – 52 to 62, 70 & 72

2 Ram Jawya Kapoor v State of Punjab – executive power includes -govt function other than legislative and judicial

3 Madhav Rao v Union India- Election of President - 54,55,57,58,62, 71

President and Vice President Election Act -1952 Presidential and Vice – presidential Election Rules – 1974 Qualification of Presidential Candidate- 58 Term of office 56 Vacancy in office 65

4 Dr N B Khare v Election Commission of India – Punjab , Haryana election, Art 71(4) 5 Madan lal v N Sanjeeva Reddy – no locus standi

Impeachment of President Art 61 Privilege of President / Immunity -361 Position of President

Executive - 77 Military Diplomat

Legislative - Ordinance Making Power 123- president RK Garg v Union of India -altering tax law – Article 123 Ak Roy v Union of India – National Security Pardoning Power of president 72 Kehar Singh V Union of India – Indira Gandhi murder case Empuru Sudhakar v State AP- caste, religion not valid

Emergency Power 352-360 Judicial Miscellaneous

Pardoning Power of Governor – 161 Nanavati v State of Bombay Satpal v State of Haryana Comparison power of President and governor in relation to pardon

State (Government of NCT of Delhi) v Prem Raj 2003 Vice president -63-69 Council of Ministers – 74- Prime Minister is head of ministers

Shamsher Singh v State of Punjab- executive powers on advice of council of ministers SP Anand v HD Deve Gowda- six months to elected U N Rao v Indira Gandhi – Minister in office if loksabha is dissolved KM Sharma v Devi lal- Deputy prime minister Responsibility

Collective - State of Karnataka v Union of India Individual Legal

Conduct of business 77 Duties of Prime minister to ward President– Art 78 Attorney General of India – 76 -first law office or the government Parliament – 79 to 122 Parliament of India – 245(1) enact law Council of states / rajya sabha – 80 House of people / lower house - 81 Qualification of Council of States – Rajya Sabha/ lokh sabha- 84 – Disqualify Art 102

Jaya Bachan v Union of India - appointed UP Film Development council Composition of House of People – Article 81- Nominate Art 331 – 5552+2 Anglo

Prohibition of Simultaneous Membership- Article 101 &102 Session of parliament -85

Purushotham Nambudiri v State of Kerala – bill pending president, not dissolved Speaker and Deputy Speaker -93 Power of deputy speaker - 95

Money Bill and Financial Bill – Art 109 and 110 Financial Bill

Money Bill 110(1)

of 6 Constitution 2- Semester 2 Kerala University- 2017-2020

Read Anil K Nair Book, Before Reading This Short Notes ullaskrishnan/llb

Financial Bill 117 (1) Bill involving expenditure 117 (3)

Annual Financial Bill – 112- Appropriation Bill – Votes on account and votes of credit Consolidated Fund -113

Power and Privileges of parliament – 105 & 194 state legislature Privilege of Members

Privilege as to Freedom of Speech T K Jain v State- anything said in the parliament means everything

Privilege as to Publications Dr, Sathish chandra Ghosh v Hari Sadan Mukherjee – defamation speech outside

500 IPC P V Narasimha Rao v State- bribe vote , non confidence

Privilege as to Freedom from Arrest Indira Gandhi v Raj Narayan – crime done, is not privilege for arrest K Anandan Nambiar v Chief Sec , Gov of Madras – Defence detain parliament session valid

Privilege of House Collectively Privilege to Regulate internal proceedings

Bradluagh v Gosett -elected northampton house, house of common- In india art 122 and 212 no court shall question internal proceedings

Privilege to prohibit publication of reports Search Light Case ( MS Sharma v Sri Krishna)- Published some speech,

liable Privilege as to hold enquiry and summon witness Privilege as to punish member or outsider and breach of privileges and contempt of house Legislative Privilege v Judiciary ( conflict bet ween them) Kesava Singh’s case 1965 – UP Legislative, Allahabad high , 7 days jail,court two judge, habeas corpus, Article 226 filled, president advisory to SC 143, 6:1. Eenadu Privilege case 1984-Ramoji Rao, Telungu Daily, peddala galata regarding hous of the AP legislative council.He moved SC, not to arrest, Borababu Singh case- publication by private person outside house no security, no protection194 – speaker of manipur

Comptroller and Auditor General 148-151 S Suramanian Balaji v Govt of Tamil Nadu- - TV - question only after expenditure

Ordinance making power of president- 123 Ordinance making power of governor- 213

D C Wadhawa v State of Bihar – fraud on the constitution, colourable exercise of power

Supreme Court of India ( Union Judiciary)- 124 to 147 SP Gupta v Union of India – ultimate power in executive Collegium System Supreme Court Advocates on Record Association v Union of India-over ruled the SP Gupta case National Judicial Appointment Commission- NJAC-2014-124A On 2015 NJAC was Struck down by Collegium System : 4:1 const bench

Tenure or Removal of Judge – 124 (4) K Veeraswami v Union of India-CJ of Madras- BI Probe, Prosecution granted Justice V Ramaswamy- SC Judge- CH of Punjab and Haryana, impeachment fail C Ravi Chandran Iyer v Justice Am Bhatta charya-forced resignation, violation of independency of judiciary, bar council Bombay for bad conduct , SC dismissed

Jurisdiction of SC - 129 Subrata Roy Sahara v Union of India – SC its jurisdiction extends to all

Adhoc Judges – 127 Acting CJ – 126 Jurisdiction of SC Court

Court of Record – 129 Delhi Judicial Service Association v State of Gujarat- 4 police, handcuff CJM of Naidad Mohammed Alam v Union of India ( Ayodhya cas)– CM UP, Kalyan Singh, demolish, 2000 one day sentence In Re Vinaya Chandra Mishra Case – Allahabad HC, threaten judge, Junior Judge put a question to Advocate,



SC Bar Association v Unioin of India – not ban from practising, contempt of court Sec Hailkandi Bar Association V State of Assam- sentenced SP false affidavit, 3 month jail

Original Jurisdiction -131 State of WB v Union of India -Coal bearing areas, WB challenged

State of Karnataka v Union of India -enquiry commi CM, art 131 and Ulta vires, SC said valid Union of India v State of Rajasthan- Railway, commercial nature, not comes under 133 State of Kerala v Union of India-Mavelikkara, railway,133 cannot be iniated by HC only SC jurisdiction between state and union State of Haryana v State of Punjab- Sutlej Yamuna link

Enforcement of fundamental Right- 32 Appellate Jurisdiction in constitutional matters-121

Election commission of India v Saka Venkat Rao – appeal against high court, even single judge

Appeal in Civil case 133 Appeal in Criminal case 134 Tarachand v State of Maharashtra – 304,302 by HC appeal of state Special leave appeal 136- permission for appeal Pritam Singh v State – Grave injustice, spl circumstances Mohinder Singh v State – HC Punjab, confusion , shot dead by gun or rifle State of Bihar v Basavan Singh – bribery trial, independent witness

PHHL Conference shillong v W H Sangma- EC has right to allocate symbols and its tribunal and can be appealable

Power to review Judgement and Order - 137 Nagaraj v State of Karnataka – review and re-examine Power to transfer case- 139 Union carbide corporation v Union of India -dispose for settlement

Union of India v Shiromani Gurudwara prabandhak committee – operation blue star, move to Delhi

Advisory Jurisdiction of SC – 143 Re The kerala Education Bill

Re Berubari Union Re Kavery Dispute Ismail Faruqui v Union Of India- Temple exist or not,

Doctrine of Stare decisis, Precedent, ratio decidendi, obiter dictum – Law declared by SC 141 Union of India v Subramanian – conflict between larger bench Delhi Administration v Manohar lal- follow and apply law by SC ratio decidendi

Director of Settlements Andra Pradesh v M R Appa Rao- duty of high court to follow Rajendran v Jose, Hari Singh v Sukhhbir singh – pay compensation – should follow Whether SC court bound be earlier decision Bengal Community v State of Bihar -SC court can over rule Sankari Prasad v Union of India – constitution amending including Fundamental right Sajjan Singh v State of Rajasthan – approved, Sankari Prasad Case

I C Gokal Nath v State of Punjab – above two over ruled -Prospective Over ruling, no right to amend fundamental Kesavanantha Barati v State of kerala -amend fundamental, without basic structure Gain Kaur v State of Punjab – right to life doesn’t include right to die P Rathinam v Union of India – 309 punishment for suicide, not constitutional, right to die

Prospective Over Ruling Kailash Chanda Sharma v State of Rajasthan Comptroller of Auditor General – 148 - 151 Governor – 153- Term of office 156- Appointment Hargovind v Raghukul- appoint governor by president, appoint member of PSC Power of Governor Executive- 154 – Ram Jawaya v State of Punjab- council of minister recomend Financial – 202 203 Legislative- 168 Ordinance -213- wadhwa v state of bihar- promogulated-re-promogulate-not valid Grand Pardon- 161 Council of Ministers -163 Verma v TN Singh – not a member , CM, Six month SR choudary v State of Punjab- Tej Prakash, second time , not elected not valid BR Kapur v State of Tamil nadu- jayalalitha , not valid as CM, two years convicted in jail



Conduct of government business -166 Duties of Chief Minister –to governor - 167 State Legislature – 168 Creation of Legislative assembly – 169- LA(Vidhan Sabha), LC(Vidhan parishad) High Court – 214 SP Gupta v Union of India ( Judge transfer case)- appoint judges is vested in executive

Supreme Court Advocates on Record Association v Union of India – appoint consent of CJ, executive appointment was reduced ( political)

Judges are not Govt Servants Union of India v Prathibha Bannerjee Jurisdiction of Highcourt Court of Record- 215 Power to Issue writ – Art 226 Election commission v Saka Venkata Rao- cannot issue to central, jurisdiction

Khajoor Singh v Union of India – Union gov in Delhi, so only Delhi High Court, Amended ResJudicata- CRPC Sec 11 deals with this MS Sharma v Sinha – Same court filed, if once failed is not possible Daryao v State of MP – Same writ 32 is not maintain if 226 was rejected on Merit A R Choudhari v Union of India – Not on merit can go to file 32 Metal corp v Union of India – if 32 fail then not possible to file in 226

Lallubhai Jogi Bhai v Union v India – 226 is dismissed can go to 32 if its Habeas Corpus Locus Standi- Public Interest Litigation SP Gupta and others v President of India and others – Judge Transfer case People Union for Democratic Rights v Union of India- Asian Games work, labour law Oliga Telli v Municipal corporation Bombay – pavement dwellers Upendra baxi v State of UP-Protection for woman- immoral traffic MC Mehta v State of Tamil Nadu- match factory children’s Murali S Deora v Union of India- Public Smoking Different Writ Habeas Corpus Kanu Sanyal v District Magistrate Darjeeling Mandamus – Public Duty East India Commercial v Collector Customs

State MP v Mandawara- cannot issue to compel the govt to exercise power Director of Settlement v AP Apparoa – legal right to compel to do legal duty Certiorary - Quashing State of UP v Mohd Nooh – act without jurisdiction Syed yakoob v radhakrishna – error of law apparent of face Prabhodh varma v State of UP -cannot issue for an act or ordinance unconsti

Court issue mandamus not to do or to do Prohibition - Prevent, Before Judgement Hari Vishnu Kamath v Ahamed Ishaque- inferior take up matter- no jurisdiction

Raj Leather v Sec to Govt of India – avoid investigation Quo Warranto Lakhanpal v A N Ray – chief justice- three judge- resign Power of Superintendence -227 Waryam Sing v Amarnath – power over not admini alone has control over judicial Surya Dev Rai v Ram Chander Rai -subordinate court within jurisdiction Power to Transfer cases to high court -228 Subordinate courts- 233 – 237 Control of subordinate courts State of Assam v Ranga Mohammed – transfer of district judge State of WB v Nripendra Nath – punish, enquiry , removal only HC Relationship with Union and State 243-293 Legislative 245-255 Doctrine of Pith and Substance

Prafulla Kumar Mukherjee v Bank of Khulma – create law related to promissory note in union list, but still valid because its respect to money lending ITC Ltd v Agricultural Produce Market Committee State of Kerala v MT Devassia- if there is no conflict, ok



Doctrine of Colourable Legislation K C G Narayanan Dev State of Orissa -tax collection, Orissa Estate abolition, true nature and in mind consider its good for the society KT Moopil Nair v State of Kerala- Land tax , high rate Balaji v State of Mysore – 68% to backward is violation

Consolidated Fund - 266 and Contingency Fund 267 Consolidated- Money Bill – salary Contingency fund – president right

Administrative Relations 256-263 Period of Emergency Normal Period Financial Relations 264-293 Consolidated Fund 266- Money Bill Contingency Fund 267 Finance Commission 280 Tortious Liability of State 300 P& O Steam Navigation – negligence of its servant liable

Secretary of State v Cockraft – Negligence , PWD, Gravel, sovereign function not liable State of Rajasthan v Vidhyavathi – jeep, knocked down, driver non sovereign , liable

Kasturilal v State of UP – gold ornaments, police constable , misappropriation , fled to Pakistan , not liable Nagendra Rao &Co v State of AP – food grains liable Railway Board v Chandrima Das – Rape, howrah, liable State of AP v Challa Ramakrishna Reddy – Prisoner, died , liable Dr Gowrikutty v Raghavan – Liable ,Doctor Negligence – diluted no difference between Non Sovereign and Sovereign Kumari v State of TN- child fell in to sewage tank, state liable

Contractual Liability 299 K P Chowdhary v State of MP – comply with 299 ,if not its not valid Union of India v N K Private Ltd – unauthorised person, not valid Damodaran v State of Kerala – abkari, dues to govt, if not comply 299, still valid Quasi contract State WB v B K Mondal- building occupied, so valid, will not allow to enjoy the benifit State is bound by Statute Director Rationing v Corp of Calcutta -state is not bound by statute

Superintendent and Remembracer of legal Affairs, WB v Corp Calcutta – state trade daily market, not taken license from corp,state is bound by statute unless expressly excluded

Doctrine of Public Accountability Lucknow Deve Authority v M K Gupta- state to liable and compensate, later deduct from govt servant Common Cause, Registered Society v Union India- petroleum minister, petrol pump to relatives, fine by SC Shiv Sagar Tiwari v Union of India- out of quata, shops / stalls for kin and kith, fine

Doctrine of Promissory Estoppel- Indian evidence act 115- Govt Liable for promise given Union of India v Anglo Afgan Agency –can import, 100% value of exports Century Spg and Mfg Co v Ulhasnaga Muncipality- octroi, 7 not to collet, but before started

Motilal Padampat sugar mill v State of UP – no sales tax three years, industry in industrial area, but started to collect tax

If an assurance is ultra vires a statue-No estoppel against statute- then no principle of Estoppel Jitram Siv Kumar v State of Haryana- Municipality gace assurance no octroi duty, but government directed to collect , assurance given by municipality was ultra vires

No Estoppel against public interest Kasinka trading Co v Union of India – raw material no customs duty from foreign country, later withdrawn, and not valid by SC

Trade 301-307 State of MP v Bhailal Bhail – imposed tax for tobacco locally , invalid Atiabari Tea Co v State of Assam- Tax for goods in waterways and rod, not valid Doctrine of Pleasure- services under union and state- 310 Khemchand v Union of India – charge sheet, recommend dismiss , violation 311 MD ECIL v B karunakar- same decision

State UP v Harendra Arora – Dismiss can be set aside if he was prejudiced by non furnishing report



Compulsory Retirement Baikunth v CMO- gov can compulsory retire without any reason State of Gujarat v umedbhai M Patel- executive engineer, suspension Protection of 311(2) is not valid Ramnath pillai v state of kerala- abolish of post Union india v Tulsi ram patel – compulsory retirement in not violation of article311 and 14 PSC- 315 Hargovind v Raghukul- appoint governor by president, appoint member of PSC Power of Governor State PSC 320 State of UP v Mabbodhan Lal – disciplinary action should be notify to PSC Election Commission -324/ State Election commission – 243 K AC Jose v Sivan Pillai – electronic machine – void – later amended Mohindher Singh Gill v Chief EC- right to scrutiny, election expenses

Re Gujarath Assembly Election Matter- power to schedule and conduct election- cannot taken by law framed by parliament

Amendment of Constitution – 368 - by parliament Simple majority, Special majority, spl majority by ratification Amendment of fundamental Right Sankari prasad v Union of India- all can be amended Sajjan Singh v State of Rajasthan – approved sankari IC Golak Nath v State of Punjab- over ruled, no right to amend Part III

Kesavanantha Bharati v State of Kerala- over ruled IC Golak,amend anything without affect basic structure Minerva Mills v Union of India- struck down amendment done in art 368- limited power to amend basic feature

Emergency National Emergency – 352 War, External aggression, armed rebellion

Minerva Mills Union of India – No judicial review for National emergency by president, fundamental rights expect art 20, 21 suspended ADM Jabalpur v Sivakant Shukla- habeas corpus case-right to move to court suspended, later it was removed by amendment

State Emergency – 356 SR Bommai v union of India -president rule is subjected to judicial review -parliament ratified, Financial Emergency- 360



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