COLOUR THEME
Eight mnemonic sets for the Emergency Articles, writs, basic structure, Governor's discretion, the three lists and the 44th Amendment.
8 sub-topics, in the order to study them. Tap one to jump to it.
Revision mode hides the full explanations and keeps each section's key terms, lists and tables and the Memory Capsule. Use it from your second read onward.
In brief
Covers 3-5-6-0, 358 = AUTO, 359 = ORDER.
3-5-6-0: Article 352 (National) → 353 (Effect) → 354 (Revenue) → 355 (Duty) → 356 (State) → 357 (Legislative) → 358 (Art.19 Auto-suspend) → 359 (Presidential Order) → 360 (Financial) → 365 (Non-compliance)
358 = AUTO (automatic suspension of Art. 19, only war/external aggression)
359 = ORDER (Presidential Order needed; NOT Arts. 20/21)
In brief
Covers Lok Sabha simple majority alone, both Houses.
National Emergency (352): President on own + Lok Sabha simple majority alone (Art. 352(8))
President's Rule (356): President on own + both Houses by simple majority
In brief
H abeas Corpus — liberty — most available M andamus — command — public duty C ertiorari — quash — after decision (Curative) P rohibition — prevent — before decision…
Habeas Corpus — liberty — most available
Mandamus — command — public duty
Certiorari — quash — after decision (Curative)
Prohibition — prevent — before decision (Preventive)
Quo Warranto — office holder — most restricted
In brief
S upremacy of Constitution R epublican and Democratic form F ederal character D emocracy — free and fair elections E quality (substantive) S ecularism Judicial review, Rule…
Supremacy of Constitution
Republican and Democratic form
Federal character
Democracy — free and fair elections
Equality (substantive)
Secularism
In brief
C hief Minister appointment (no clear majority) A ssembly dissolution (limited by Bommai) R eservation of Bills for President D ismissal of CoM that has lost majority
Chief Minister appointment (no clear majority)
Assembly dissolution (limited by Bommai)
Reservation of Bills for President
Dismissal of CoM that has lost majority
In brief
U nion List — Parliament only — U nique to Centre C oncurrent List — Both — C ommon ground S tate List — States only — S tate's own domain Residuary → Parliament (Art. 248)
Union List — Parliament only — Unique to Centre
Concurrent List — Both — Common ground
State List — States only — State's own domain
Residuary → Parliament (Art. 248)
In brief
A rmed rebellion replaced internal disturbance (Art. 352) A dvice of Cabinet in writing required for Emergency C annot suspend Arts. 20 and 21 (made non-suspendable) A…
Armed rebellion replaced internal disturbance (Art. 352)
Advice of Cabinet in writing required for Emergency
Cannot suspend Arts. 20 and 21 (made non-suspendable)
Absolished right to property as FR (Art. 300-A)
Raised special majority requirement for Emergency approval
In brief
Covers 20 = EDS, 21 = LIFE, NEVER suspended.
20 = EDS — Ex post facto, Double jeopardy, Self-incrimination
21 = LIFE — Life includes all expanded rights (liberty, education, privacy, environment...)
Both 20 and 21 together = NEVER suspended (44th Amendment, 1978)
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↑ Module 7: Exam Strategy and Mnemonics · All 25 topics in Constitutional and Administrative Law · Unit overview and sample MCQs
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