Govt. Exams
Entrance Exams
The 44th Amendment Act, 1978 removed the Right to Property (Article 31) from the list of Fundamental Rights and converted it into a constitutional right under Article 300-A.
The term 'socialist' was added by the 42nd Amendment (1976), not the 44th. DPSP was part of the original Constitution (Part IV).
The 61st Amendment (1988), not the 44th, reduced voting age to 18.
Article 324 vests the superintendence, direction, and conduct of elections in the Election Commission.
It provides that the Chief Election Commissioner shall be appointed by the President, and the President shall also appoint other Election Commissioners.
Articles 325-329 deal with other aspects of elections (qualifications, electoral rolls, etc.).
The 61st Amendment Act of 1988 reduced the voting age from 21 years to 18 years, amending Article 326 of the Constitution.
This made India one of the countries with the lowest voting age.
The 42nd Amendment was the 'Mini Constitution,' the 73rd was on Panchayats, and the 86th was on Right to Education.
Article 12 defines State to include the Government and Parliament of India, State Governments, State Legislatures, and all local authorities.
Private companies and voluntary organizations are NOT considered part of the State, though they may be bound by constitutional principles in certain contexts (doctrine of vertical effect).
Fundamental Rights primarily bind the State, not private entities.
The Preamble mentions justice (social, economic, political), liberty, equality, and fraternity.
The right to property is a legal right but was removed from the list of Fundamental Rights by the 44th Amendment (1978).
It is now only a constitutional right under Article 300-A, not explicitly in the Preamble.
The 73rd Amendment (1992) created a three-tier Panchayati Raj system (village, block, district) with reservation of seats for SCs/STs, but Mukhya Mantris (State Chief Ministers) are NOT elected directly by people.
They are elected by the state legislature.
Panchayat Chairpersons/Pradhans are elected, and State Election Commissions were constituted to conduct Panchayat elections.
Quo Warranto (Latin: 'by what authority') is a writ issued to inquire into the authority by which a person claims to hold a public office.
It is used to prevent illegal appointments and to remove persons not entitled to hold office.
For example, it was used in cases questioning the validity of ministerial appointments when constitutional procedures were not followed.
Article 123 allows the President to issue ordinances when Parliament is not in session.
These ordinances must be laid before Parliament when it reassembles.
An ordinance ceases to operate if not approved by both houses within 6 weeks from reassembly or earlier dissolution.
The 43rd Amendment limited ordinance-making power by restricting repeated re-promulgation.
Articles 36-51 contain DPSP which are non-justiciable (cannot be enforced in courts).
However, they are fundamental in governance and obligate the state to apply them while making laws and policies.
The Minerva Mills case (1980) established that DPSP cannot override Fundamental Rights, but both must be harmoniously interpreted.
Article 19 (Right to Freedom) can be suspended during a National Emergency under Article 359.
However, Articles 20 (protection against conviction for offences) and 21 (right to life and personal liberty) cannot be suspended even during emergency.
This ensures protection against arbitrary arrest and punishment.
