Parts of the Constitution

Parts of the Constitution

PART I – The Union and its Territory

PART II – Citizenship

PART III – Fundamental Rights

PART IV – Directive Principles of State Policy

PART IV A – Fundamental Duties

PART V – The Union

PART VI – The States

PART VII – Repealed

PART VIII – The Union Territories

PART IX – The Panchayats

PART IX A – The Municipalities

PART IX B – The Cooperative Societies

PART X – The Scheduled and Tribal Areas

PART XI – Relations between the Union and the States

PART XII – Finance, Property, Contracts and Suits

PART XIII – Trade, Commerce, and Intercourse within Territory of India

PART XIV – Services under the Union and the States

PART XIV A – Tribunals

PART XV – Elections

PART XVI – Special Provisions Relating to certain Classes

PART XVII – Official Language

PART XVIII – Emergency Provisions

PART XIX – Miscellaneous

PART XX – Amendment of the Constitution

PART XXI – Temporary, Transitional and Special Provisions

PART XXII – Short Title, Commencement, Authoritative Text in Hindi and Repeals

Suggested mnemonics:

PART I – X

“U Ci F Di mein bhi Up Se UPar Settled hai”

I == U – Union                                                   (Part I – The Union and its Territories)

II == Ci – Citizenship                                        (Part II - Citizenship)

III == F – Fundamental Rights                         (PART III – Fundamental Rights)

IV == Di – Directive Principles of State Policy             (Part IV - DPSPs)

V == U – Union                      (Part V – The Union)

VI == S – States                      (Part VI – The States)

VIII == U – Union Territories   (Part VIII – Union Territories) 

IX == P- Panchayat                (Part IX - Panchayat)

X == S- provision for Schedule and Tribal Areas   (Part X – The Schedule and Tribal Areas)

PART XI – XVI

“ReFi Tram Se Election Specially gaya”

XI == Re- Relation                              (Part XI – Relation between Union and States)

XII == Fi- Finance                            (Part XII – Finance, Property, Contract and Suits)

XIII == Tram- Trade      (Part XIII – Trade, Commerce and Intercourse within India)

XIV == Se – Services                         (Part IV – Services under the Union and States)

XV == Election = Elections                                                               (Part XV - Elections)

XVI == Specially – Special Provisions (Part XVI- Special Provisions Relating to certain classes)

PART XVII – XXII

“LEMATS”

XVII == L – Language                                           (Part XVII- Official Language)

XVIII == E – Emergency                             (Part XVIII – Emergency Provisions)

XIX == M – Miscellaneous                                      (Part XIX – Miscellaneous)

XX == A – Amendment                 (Part XX – Amendment of the Constitution)

XXI == T – Temporary          (Part XXI – Temporary, Transitional, Special Provisions)

XXII == S – Short                      (Part XXII – Short Title, Commencement, Authoritative Text in Hindi and Repeals)

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Questions and Notes on Definitions of Jurisprudence 1

Questions and Notes on Definitions of Jurisprudence

1.      The word “jurisprudence” is derived from Latin word jurisprudential which in its widest sense meand `knowledge of law` or skill in law. The Latin word juris mens law and prudential means knowledge or skill.

2.      Who said about jurisprudence that is is “the observation of things, human and divine, the knowledge of just and the unjust”?

Ulpian

3.      Who said “That which is signified by a command and leads to an man`s material and piritual salvation”?

Jaimini

4.      Who said “Jurisprudence is the philosophical aspect of knowledge of law”?

Cicero

5.      Who said “Jurisprudence is the science of law, the statement and systematic arrangement of the rules followed by the courts and the principle involved in those rules”?

Gray

6.      Who said “Jurisprudence is the science of the first principles of civil law”?

Salmond

7.      Who wrote the book `Elementa Philosphiae`?

Hobbes

8.      Who said “Jurisprudence is the philosophy of positive law”?

Austin

9.      What is General and Particular jurisprudence according to Austin?

General Jurisprudence means the science concerned with exposition of the principles of nations which are common to all the systems of law whereas particular jurisprudence consisted of the science of any such system of positive law as now obtains or once actually obtained specifically determined nation.

10.  Who said “Jurisprudence is the formal science of positive law”?

Holland

11.  Who said “Positive law is a general rule of external human action enforced by a sovereign political authority”?

Holland

12.  Who said “Jurisprudence is the scientific synthesis of the essential principles of law”?

Allen

13.  Who said “Jurisprudence is the study and scientific synthesis of the general principles of law”?

Keeton

14.  Hart beleieved that union of primary and secondary rules explains the nature of law and provides key to science of jurisprudence. By primary rules he meant rules which impose duty while secondary confer powers which provide for creation or variation of duties by removing defects of primary rules.

15.  Who said “Jurisprudence is the science of law using the term `law` in the judicial sense as denoting the body of principles recognized by public and regular tribunals in the administration of justice”?

Pound

16.  Who said “Jurisprudence, ethics, economics, politics and sociology are distinct enough as the core but shade out into each other”?

Pound

17.  Who said “Jurisprudence is as the shining but unfulfilled dream of a world governed by reason”?

Arnold

18.  Who said “Jurisprudence is part of history, a part of economics and sociology, a part of ethics and a philosophy of life”?

Radcliffe

19.  Who said that Jurisprudence is as a body of ordered knowledge which deals with a particular species of law?

Patterson

20.  Who said “All bodies of principles, decisions and enactments made passed or approved by the legally constituted authorities or agencies in a State for regulating rights, duties, liabilities and enforced through the mechanism of judicial process, securing obedience to the sovereign authority in the State, are civil laws”?

Dr MJ Sethna

21.  Who said “All systematic thinking about legal theory is linked at one end with philosophy and at the other end, with political theory”?

Freidmann

22.  Who said “The end of law is based on conceptions of man, both as thinking individual and a political being”?

Freidmann

23.  Ronald Dworkin propounded interpretive jurisorudence and held that the interpretation which best suits in the circumstances of the case should be takedn into consideration in decising a case.

24.  Who said “Jurisprudence covers a wider field of study as compared to legal theory for the former involves an investigation of law which is of an abstract, general and theoretical nature while legal theory in the other hand is an attempt to anser what is law in order to clarify the most of all legal concepts”?

Fitzgerald

25.  Who said “Jurisprudence is lawyer`s exta version. It is the lawyers examination of precepts and techniques of law in the light derived from present knowledge in disciplines other than law”?

Stone

26.  Who said “the law embodies the story of a nations development through many centuries and it cannot be dealt with as if containing only the axioms and corollaries of a book of mathematics”?

Holmes

27.  Who said “the ever renewed complexity of human relations calls for an increasing complexity of legal details, till a merely empirical knowledge of law becomes impossible”?

Holland

28.  Who called Jurisprudence as the `eye of law`?

Laski

29.  Who defined comparative jurisprudence as “It is a term which suggests the use of comparative method as a tool to find out differences and similarities between the different legal systems”?

Gutteridge

30.  In which case the Supreme Court of India held that “Law is a social engineering to remove the existing imbalance and to further the progress, serving the needs of the Social Democratic Blunt”?

Delhi Transport Corporation v DTDC Mazdoor Congress 

Questions and Notes on Definitions of Jurisprudence 1

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Questions and Notes on Legislation and Interpretation 1

Questions and Notes on Legislation and Interpretation 1

1.      Who said “Deliberate law making by an authoritative power, i.e., State is called legislation”?

Dias and Huges

2.      Legislation is derived from 2 words Legis-law and latum- to make/ set.

3.      Who said that legislation includes both process and the law enacted?

Benthem and JS Mill

4.      Who said “Legislation includes formal utterances of the legislative organs of the society”?

Gray

5.      Who said “General orders, making by our judges is as true legislation as carried on by crown”?

Holland

6.      Who said “The law that has its source in legislation may be termed as enacted law”?

Blackstone

7.      Who said “legislation includes all activities which result into law making or amending or transferring or inserting new provisions in the existing law”?

Austin

8.      Who said “When a judge establishes a new principle by means of judicial decision, he is said to exercise legislative power”?

Austin

9.      Who said “Legislation is the least creative of the sources of law”?

James Carter

10.  Who wrote the book `Law: its origin, growth, function`?

Carter

11.  Who said “Legislation is that source of law which consists in the declaration of legal rules by a competent authority”?

Salmond

12.  What are sources of law as per Salmond?

a.      Strict Sources: From where rules of law declared by competent authority are framed,

b.      Widest sense: All methods of law making:

                                                              i.      Direct

                                                            ii.      Indirect

13.  Who said “Growth of delegated legislation in the 19^th and 20^th century was inevitably due to fundamental changes in theory and practice of Government”?

Professo Griffith

14.  What are the modes of control of delegated legislation?

a.      Procedural Control:

                                                              i.      Prior consultation,

                                                            ii.      Prior publicity,

                                                          iii.      Publication

b.      Parliamentary Control,

c.       Judicial Control: related cases:

                                                              i.      Re Delhi Laws Act Case,

                                                            ii.      Chintaman Rao v State of Madhya Pradesh Case.

                                                          iii.      Deepak Sibal Case

15.  Who said “Legislation is undertaken with the intention of law making but not so in case of precedent. Precedent which includes ratio decidendi and obiter dicta is intended to settle a dispute on the point of law, once and for all”?

Austin

16.  Who wrote the book `Lectures on Jurisprudence`?

Austin

17.  Who said “Earlier times legislation was supplemented to customary law but in modern times the position has reversed and customary law is treated supplementary to enacted law”?

Keeton

18.  Who said “enacted law is created by legislature, therefore it is an expression of general will of the people”?

Keeton

19.  Who wrote the book `The Elementary Principles of jurisprudence`?

Keeton

20.  Who said “legislation expresses the relationship between men and the State but customary law is based on relationship between men, inter se”?

CK Allen

21.  Who said “the reduction of the whole corpus juris so far as practicable in form of enacted law is known as codification”

Salmond

22.  Code of Justinian is an example of codified law. Pollock, Paton and Savigny opposed codification of law. Henry Maine supported and Salmond also supported.

Savigny holds that codification makes law rigid. Paton holds that codification putrifies the law.

23.  Who said “well desigined legislation is the only possible remedy against quibbles and chicanery and all evils which are created from legal practioners can be averted by this method”?

James Stephan

24.  Who said “The law like the traveler must be ready for tomorrow. It must have principle of growth”?

Cardozo

25.  Words in which a law is expressed litera scripta constitute a part of the law itself.

26.  Essence of law lies in spirit and not the letter. It is called sententia legis.

27.  Who said “In all ordinary cases the courts must be content to accept the literal egis as the exclusive and conclusive proof of sententia legis”?

Fitzgerald

28.  Who said “Interpretation is that process by which the courts seek to ascertain the meaning of the law through the medium of the authoritative forms in which it is expressed”?

Salmond

29.  Who said “the dominant purpose of interpretation is to determine what intention is conveyed expressly or impliedly by words”?

Maxwell

30.  What is Grammatical Interpretation?

Where there is no ambiguity in the language employed by the statute, litera legis is used. It is also known as liberal interpretation. Lord Wensleydale said so.

31.  What is Logical Interpretation?

Which departs from the letter if law and seeks elsewhere or some other or more satisfactory evidence of intention of legislature and employs sententia legis.

32.  Who said “The grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnancy or inconsistency, but no further”?

Lord Wensleydale

33.  Who said “The construction of an Act must be taken from the bare words of it. We cannot fish out what may possibly have been intention of legislature”?

Brogham J

34.  Who said “Literal rule must be applied generally but must not be applied if statute is apparently defective, ambiguous, inconsistent or the law is incomplete?”

Salmond

35.  Who said “Undue laxity on one hand sacrifices certainty and uniformity of law to the arbitrary discretion of judges, while undue strictness on the other hand sacrifices the intent of the legislature and the rational development of law to the tyranny of the words”?

Salmond

36.  Who said “Which serves to restrict the meaning of general words to things or matters of the same kind as the preceding particular word is the principle of Ejusdem Generis”?

Salmond

37.  What is Heydon`s Rule?

When the true intention of legislature cannot be determined by language of statute in question, then court may consider the historical background underlying the statute, i.e., the circumstances under which the Bill was introduced and it became a law. It was laid down in Heydon`s case and is also called Mischief Rule.

In India the same was adopted by Supreme Court in following cases:

·         RMDC v Union of India

·         Bengal Immunity case

38.  What is Historical Interpretation?

When the language used in a statute gives no clue to the intention of legislature, courts may consider the historical circumstances attending the local enactment.

39.  What is the difference between Interpretation and Construction?

Interpretation is the art of finding out the true sense of any form of words, that is the sense in which their author intended to convey and enabling others to derive from them the same idea which the author intended to covey.

Construction is drawing of conclusions, respecting subjects that i.e. beyond the direct expression of the text from elements known from and given in text, conclusions which are in print, though not within the letter of text.

40.  What is the meaning of generelis specialibus non derogant?

Where the general words in an Act capable of reasonable and sensible application without extending them to subjects specially dealt with by the earlier legislation, it cannot be construed that earlier and special legislation is indirectly repealed, altered or derogated by the force of those general words.

41.  What is noscitur a socis?

It means that the meaning of a word be judged by the company it keeps.

Questions and Notes on Legislation and Interpretation 1

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