Assignment

LEGAL STUDIES ASSIGNMENT 3
Sumedh Paruya XI C Morn
1. Analytical School of law
2. Mandamus writ is applicable here.

A command is issued by the court to
any public or quasi-public legal body
that has refused to perform its legal
duty. It is an order by a superior court
commanding a person or a public
authority to do or forbear to do
something in nature of public duty.
3. The change in socio-political

conditions of the world like rise of
materialism after the First World War,
shook the conscience of the Western
society. It compelled the 20th century
Western legal thinkers to ponder over
the existing legal regimes, so as to
provide some alternatives based on
value-oriented ideology and to check
moral degradation of the society.
These factors led to the revival of
natural law theory in its modified form,
which is different from its traditional
form.
4. Significance of the word Union are

as follows:
i. Indian Federation is not the result
of an agreement between the
units.
ii. The component units have no
freedom to secede from the Union
so created.
iii. The term Bharat was adopted by
the Constituent Assembly because
the country was so known in the
ancient times. This was the only
name that suited the history and
the culture of the country.
5. Part XX of the Constitution of India

provides in detail the procedure for
amendment of the Constitution.
Article 368 specifies the powers of the
Parliament to amend the Constitution
and lays down the procedure. There is
no limitation on the constituent power
of the Parliament for amending by
adding, removing or improving the
provisions in the Constitution. The
initial step of an Amendment is the
introduction of a Bill for the purpose in
either House of Parliament. The bill
has to be passed in each House by a
majority of the total membership of
that House and by a majority of not
less than two-thirds of that House
present and voting. The Bill is then
sent for President's assent. Some
amendments also require to be ratified
by the Legislatures of not less than
one-half of the States by resolutions to
that effect passed by those
Legislatures before the Bill making
provision for such amendment is
presented to the President for assent.
6. Part- IV of the Constitution contains

Directive Principles of State Policy.
Article 37 states that these provisions
shall not be enforceable by any court,
but the principles laid down are
nevertheless fundamental in the
governance of the country and it shall
be the duty of the State to apply these
principles in making laws. These
directives put an obligation on the
State to take positive action in order to
promote the welfare of people.
Three laws that have implemented
Directive Principles of State Policy are
i) Legal Services Authority Act 1987, ii)
Right to Free and Compulsory
Education, 2009, iii) Child Labour
Prohibition Act, 1986
7. The Preamble and the

Constitutional provisions aim to secure
to its citizens equality of status &
equality of opportunity in state affairs
such as elections, and in state
employment without any special
privilege or discrimination based on
the ground of religion, race, caste, sex,
place of birth. The word 'socialist' was
added by the Constitution (forty-
second amendment) Act, 1976. This
term is not defined in the Constitution.
In general it means a system under
which the means of production and
distribution are State owned. The
Supreme Court in the case of S.R.
Bommai v. Union of Indoa (AIR 1994 SC
1918) held that the principal aim of
socialism is to eliminate inequality of
income, status, standards of life and to
provide a decent standard of life to
working people.
The Preamble establishes India as a
Secular State. India is a country of
multifarious religions, beliefs and
sects. Its people profess and practise
different religions. But, India as a
Union of states has no official religion.
There is no state-recognized place of
worship. The state does not identify
itself with or favour any particular
religion. State laws and policies
prohibit any discrimination on the
grounds of religion. It treats all
religious equally and confers
protection to citizens to profess,
propagate and practise their religions.
The word 'Secular' was added by the
Constitution (forty-second
Amendment) Act, 1976. Even before
the Amendment, operation of the
concept of secularism was visible in
the Fundamental Rights and Directive
Principles. This has also been given the
status of Basic Structure of the
Constitution in Keshavananda Bharati's
case.

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LEGAL STUDIES ASSIGNMENT 3

Sumedh Paruya XI C Morn

1. Analytical School of law

2. Mandamus writ is applicable here.

3. The change in socio-political

4. Significance of the word Union are

5. Part XX of the Constitution of India

6. Part- IV of the Constitution contains

7. The Preamble and the

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