CONSTITUTIONAL LAW
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A Constitution is the supreme law containing
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a framework of the Government,
powers/functions of various organs of the Government
how the organs of the Government shall function
Functions performed by Constituent Assembly
Main Functions: > making of the Constitution of India
> enacting of ordinary laws for the country
Other Functions: > adopting national song & national
anthem, national flag.
> election of first President of India
> ratification of Indian Membership of
Commonwealth
SALIENT FEATURES OF INDIAN CONSTITUTION
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Lengthiest Written Constitution
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Rigid and Flexible both
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Lengthiest of all the written constitutions of the world.
Reasons: > vastness and diversity of the country
> Single constitution for both Centre and states
> comprehensive, elaborate and detailed document
> borrowed heavily from the Govt. of India Act 1935
▪ Indian Constitution is both rigid and flexible.
▪ Rigid: Amendment of few provisions of the Constitution
requires consent of at least half of the State Legislatures.
▪ Flexible: The balance provisions can be amended by a
special majority of the Parliament.
▪ Constitution of India provides for parliamentary form of
Parliamentary form of Government
Government, both at the Centre and at the States.
▪ the Government is responsible to the legislature
(Parliament at the Centre and State Legislatures at the
States).
▪ The President is the constitutional head of the State, who
works on the advice of the council of ministers.
▪ The real executive powers lie with council of ministers,
which is headed by Prime Minister. The council of ministers
is responsible to the lower house i.e., Lok Sabha.
▪ Similarly, in states, Governor is the constitutional head of
the state.
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Indian Constitution is both federal and unitary in character.
Federal and Unitary both
▪ A federal structure is one where the power of governance is
distributed between CG and various SGs. COI defines India
as a union of states. Hence, it is a federal Constitution.
▪ During emergencies, the powers of the SGs are curtailed &
the CG exercises all the powers enjoyed by SGs. In such
times, Constitution acquires a unitary character as all the
powers get centralized in the CG
▪ Several other features also make the COI unitary in
character such as strong Centre, single Constitution, single
citizenship, integrated judiciary, etc.
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every citizen who is above the age of 18 years gets the right
Universal Adult Franchise
to vote for electing a representative to the Parliament and
also the state legislature.
▪ This right to vote shall not be subject to any qualification on
the ground of sex, caste, religion etc.
▪ There is no religion of the State i.e., India. All religions are
Secular State
treated equally.
▪ Everybody is free to follow any religion he feels like.
Integrated, Independent & Impartial ▪ Indian Judiciary has the power of independent judicial
review.
Judiciary
▪ Indian judiciary is the custodian of rights of citizens of the
country.
▪ Independence: not under the control of the Government,
Separation of judiciary from executives, Security of tenure
of judges, fixed service conditions of judges, etc.
▪ Integrated: A single set of judiciary enforces both the
central laws and state laws.
Concept Maps for Viva
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▪ Part III guarantees six fundamental rights to all Citizens.
▪ The State cannot make a law which takes away
fundamental rights. If such a law is made, it can be declared
unconstitutional by the courts.
▪ Various writ petitions can be filed in the Supreme Court, in
case of violation of these fundamental rights.
▪ A ‘novel feature’ of the Indian Constitution.
Directive Principles of State Policy
▪ enumerated in Part IV of the COI, non-justiciable in nature
▪ principles that the State should keep in mind while forming
the policy for governance of the country.
▪ Not part of original constitution, added by the 42nd
Fundamental Duties
Amendment Act of 1976, currently 11 FD
▪ aims at regulating the conduct and behaviour of the people
▪ like the DPSP, they are also non-justiciable in nature.
▪ In order to protect the sovereignty, unity, integrity &
Emergency Provisions
security of India, there are ample emergency provisions in
the COI
▪ 3 types of emergencies envisaged in the COI: National (352),
State (356) & Financial (360).
▪ During Emergency, all the powers of the SG shifts to the CG
Synthesis of Parliamentary Sovereignty ▪ proper synthesis between the British principle of
parliamentary sovereignty & the American principle of
and Judicial Supremacy
Judicial supremacy.
▪ SC can declare the parliamentary laws as unconstitutional
through its power of judicial review.
▪ The Parliament can amend the major portion of the
Constitution through its constitutional power.
▪ Indian Constitution has established several independent
Independent Bodies
bodies to protect the democratic system of India.
▪ Examples: ECI, CAG, UPSC, AG. FC, GST council, etc.
• COI provides for three tiers of Government:
Three tier Government
1. Union Government at the Centre;
2. State Governments in the States;
3. Local Government: Panchayats(rural) & Municipalities
(Urban)
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The
COI has borrowed most of its provisions from the
Drawn from Various Sources
constitutions of various other countries as well as from the
Government of India Act of 1935
▪ UK (Parliamentary Govt., Single Citizenship), Russia
(Fundamental duties), Ireland (DPSP), USA (Fundamental
Rights, Judicial Review), France (liberty, equality and
fraternity)
Fundamental Rights
FEATURES OF FEDERAL CONSTITUTION
Nature Of Indian Constitution
➢ According to Ivor Jennings
“India has a federation with a strong
centralized policy”
➢ Example: In the case of the concurrent list
where both Union & States can make
laws, but if any conflict arises between the
two, the law made by Union will prevail.
➢ Indian constitution is federal in nature as
it fulfils all the essentials conditions of it
but it is unitary in spirit.
Characteristics of Federal Constitution
➢ Division of Power between Union (Centre) & States
➢ Written Constitution to outline power of Union & States
➢ Rigid Constitution to restrain Union from diluting State
powers. (Amending Constitution is difficult)
➢ Supremacy of Constitution to maintain balance between
the Union and the States
➢ Independent Judiciary as an agency to resolve conflicts
between the Union and the States
➢ Bicameral Legislature to represent the will of the States &
to protect & maintain its interest & right at the Centre
Concept Maps for Viva
CRIMINAL LAW
THEORY OF PUNISHMENT
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Deterrent Theory
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Retributive Theory
➢ ‘retribute’ means to give in return, to payback
➢ inflicting a penal sentence over a perpetrator
➢ based doctrine of Lex talionis, which means ‘an
eye for an eye’
➢ The state considers it necessary to inflict pain
upon the wrongdoer in order to prevent
vengeance
➢ It may ignore the causes of the crime
➢ This theory is against the principle of Mahatma
Gandhi.
➢ ‘deter’ means to prevent, to restrain criminals
from committing a crime.
➢ punishments awarded are severe in nature
which creates a fear not only in the criminal’s
mind but also in the mind of others.
➢ to prevent the wrongdoer from doing a wrong
subsequently & also to make him an example
for society & other people who have criminal
tendencies.
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Preventive Theory
Incapacitation Theory
➢ ‘to prevent’ prospective crimes by disabling
the criminals.
➢ Examples: death, life imprisonment,
➢ Punishment is given to offenders to prevent
or disable them from repeating the offence
➢ The main aim of this theory is to prevent
crime
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Reformative Theory
➢ based on the Gandhian principle: Hate the
sin, not the sinner.
➢ considers punishment to be curative more
than to be deterrent.
➢ crime is like a disease which can be cured by
curing it rather than killing.
➢ This theory is successful to some extent in the
case of juvenile offenders
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➢ Incapacitated means deprived of strength or
power.
➢ It is somewhat similar to Preventive Theory
➢ “incapacitation” means ‘to prevent the offence
by punishing, so that the future generation
fears to commit the criminal act.’
➢ Apart from Capital punishment and Life
sentences, it also includes supervision by
departments like probation and parole in
limited sense
Compensatory Theory
➢ This theory say that the object of the
punishment is self-realization
➢ Compensation to the victim for the loss caused
by the accused.
➢ Compensation is the true essence of deterrent,
reformative and a necessary contribution of
retribution. Hence it is multi-disciplinary in
approach
Utilitarian Theory
➢ This theory applies discouraging methods on criminals to prevent crimes such as crippling or disablement,
etc
➢ This theory provides both affirmative and negative results.
➢ It supports Capital Punishment
➢ The deterrent theory of punishment is utilitarian in nature
OFFENCES RELATING TO HUMAN BODY
Chapter XVI (16) of Indian Penal Code, 1860, Sections 299 to 377
Culpable Homicide / Murder (299 – 311)
Wrongful Restraint /Confinement (339 – 348)
➢ Culpable Homicide 299 (Genus) Indefinite
➢ WR 339 particular or one direction, partial
Knowledge of Death
suspension of liberty
➢ Murder 300 (Species) Definite Knowledge of Death
➢ WC 340 all direction / in a certain area, complete
➢ Every Murder is culpable homicide but all culpable
or absolute suspension of liberty
homicide is not Murder
Simple
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Voluntary
Simple
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Abortion/Miscarriage (312 – 318)
Hurts (319 – 338)
Criminal Force (349 - 358)
➢ Force 349 Exertion of Energy to cause motion
Hurt
(change)
➢ Criminal force 350 Use of Force to commit an
Grevious 320
offence
➢ Assault 351 gestures or preparation before use of
Voluntary
Dangerous
Dangerous
Acid
Grevious
criminal force
Weapon
Weapon
326 A & B
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322
326
Concept Maps for Viva
Kidnapping / Abduction (359 - 369)
➢ Kidnapping 359
➢ Abduction 362
Sexual Offences (375 - 377)
➢ Rape 375
➢ Unnatural Offences 377
Immoral Trafficking / Prostitution (370 - 374)
Death Penalties under Offences relating to body Harm
302 of IPC
305 of IPC
307 (2) of IPC
364A of IPC
376A of IPC
376AB of IPC
376DB of IPC
376E of IPC
Murder
Abetment of suicide of child or insane person
Attempted murder by a serving life convict
Kidnapping for Ransom
Rape and injury which causes death or leaves women in a persistent vegetative state
Rape of a child below 12 years
Gang rape of a child below 12 years of age
Certain repeat offences in the context of rape
Concept Maps for Viva