Article 352 (National Emergency) requires that the proclamation be laid before Parliament, and must be approved within 30 days.

If Parliament approves, it can last for 6 months and can be renewed.

However, it does have a maximum duration constraint through parliamentary renewal requirements.

The 44th Amendment Act imposed several safeguards on emergency provisions.

Article 370 was effectively abrogated through the Constitution (Application to Jammu and Kashmir) Order issued by the President in August 2019, coupled with the Jammu and Kashmir Reorganisation Act, 2019.

This was not a formal constitutional amendment but was justified as invoking Article 370(1)(d) itself to abrogate Article 370.

Article 371 contains special provisions for states like Maharashtra (371-A), Gujarat (371-B), Nagaland (371-A), Manipur (371-B), Telangana (371-D), and others.

Goa doesn't have a specific Article 371 clause, though it has special constitutional status from other provisions.

The special articles were created to address unique historical, cultural, and administrative needs of these states.

While Article 37 states that DPSPs are not enforceable in courts, the Supreme Court has evolved the doctrine of harmonious construction, attempting to give effect to both.

However, generally Fundamental Rights take precedence.

In cases like Kerala Education Bill, the Court balanced both.

The Constitution itself recognizes potential conflict by making FR enforceable and DPSP non-enforceable.

The 42nd Amendment (1976) significantly modified the Preamble, added Article 39A, and amended Article 368.

However, Article 21 was NOT directly modified by the 42nd Amendment.

The expansion of Article 21 to include right to life with dignity came through judicial interpretation, particularly in later judgments like Maneka Gandhi v.

Union of India (1978).

Article 72 grants the President the power to grant pardons, reprieves, respites, and remissions.

However, the article specifically provides that this power 'shall not extend to the punishment prescribed for an offense by the law of, or made by authority under, a law of, a State.' More importantly, Article 72(1)(c) states that the power shall not extend to cases where the punishment is by way of impeachment by Parliament.

The President exercises this power on the advice of the Cabinet/Prime Minister.

Article 37 states that nothing in the DPSP shall be enforceable by any court, while Article 13 makes laws violating Fundamental Rights void.

However, the Supreme Court has evolved the doctrine of 'harmonious construction,' attempting to balance both.

In landmark cases like Kesavananda Bharati (1973), the Court established that Fundamental Rights cannot be completely overridden, but DPSP can limit their scope.

Each case is examined individually for constitutional validity.

Article 72 grants the President power to pardon, reprieve, respite, and remit sentences in three categories: (1) offences against Union law, (2) sentences imposed by court-martial, and (3) sentences of death.

However, the President can only exercise this on the advice of the Council of Ministers.

The President cannot pardon offences against state laws or grant pardon in impeachment cases.

The power applies to cases where conviction is under Union law specifically.

Article 368(3) requires that amendments affecting the division of powers between Union and states, and amendments altering the provisions regarding representation of states in Parliament, must be ratified by at least half of the state legislatures in addition to parliamentary approval.

This protects federalism.

For example, amendments to Article 1 (territory of India) and Articles 245-255 (distribution of legislative powers) require state ratification.

The President cannot directly dismiss the Prime Minister.

Article 75(5) provides that the PM holds office during the pleasure of the President, but this is a formal provision.

Practically, the PM must command confidence of Lok Sabha majority (Article 75).

If the PM loses this confidence, they resign or face a no-confidence motion.

The President cannot arbitrarily dismiss the PM—this is a fundamental principle of parliamentary democracy.

The President acts on advice of the Council of Ministers (Article 74).