Lola t ce) ’ CSEET MAY 2025 | SUMMARY BOOK FROM UNIQUE ACADEMY ul Unique Acatlemy For Commerce @, UNIQUE Prenat hanes SEM sacdaome Gaeace ROP LadFor Commerce MER ER URNA le ae ELLA is has Taken 100% FREE y = Majority of AIR’s From Online Batch only _..,) Learn From India’s Best Faculty 7 i . Y/ Saving & Travelling Cost ®) unlimited views Time i) Saving in Fees Up to 60% of Offline Fees & Daily Live Doubt Solving SessionFor Commerce our Results Speak for it’s Self Ce ee ee ee, APO Le hee ES, G 2G as eeLEGAL APTITUDEDilse... OW Unique Academy For Commerce has been the pioneer of quality educaticn propagating zero boundaries when it comes to hard work, and a result oriented classroom approach. This institution has guided ‘thousands of students over the years in their professional journeys. Unique Academy For Commerce is an Institute for all CA and CS aspirants. 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Unique Academy For Commerce Page 1 of 50INDEX LEGAL APTITUDE SUMMARY NOTES ‘ChapterNo, Particulars: Page No. aaa 1 Constitution of India 3-13 2 Flements of company secretaries’ legislation 13-20 3 Elements of company law (21-28 4 Elements of general laws 28-43 5 Legal reasoning 43-50 Page 2 of SOINDIAN CONSTITUTION PREAMBLE [The preamble to the Constitution states: WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into 2 SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to alli citizens: (a) JUSTICE, social, economic and political; {b) LIBERTY of thought, exnression, belief, faith and worship; EQUALITY of status and of opportunity: and to promote among them al; (c)_FRATERIVITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTTUENT ASSEMBLY THIS TWENTY-SIX DAY OF NOVEMBER, 1949, 00 HEREBY ADOPT, ENACT [AND GIVE TO OURSELVES THIS CONSTITUTION. ‘The Constitution of india is Supreme Law of India popularly known as “Mother of allthe laws” as all other laws, derive their authority and force from the constitution. The constituent assembly under the chairmanship of Dr. BR Ambedkar took almost 3 years to draft the constitution. it came into force on January 26, 1950, tis a comprehensive document containing 395 Articles (divided into 22 Parts) and 12 Schedules. Constitution of india s basicaly federal but with certain unitary features, The essential features of a Federal Polity or System are— Dual Government = Distribution Of Powers, = Supremacy Of The Constitution, = Independence of Judiciary, + Written Constitution, And Rigid Procedure for ‘theamendment of the Constitution. Fundamental Rights Part ill of The Indian constitution gurantees six categories of, fundamental rights these are := — Right to Equality — Articles 14 to 18; —Rightto Freedom — Articles 19 to 22; — Right against Exploitation — Articles 23 and 24; = Right to Freedom of Religion — Articles 25 to 28; — Cultural and Educational Rights — Articles 29 and 30; — Right to Constitutional Remedies — Articles 32. Previously the right to property under Article 31 was also guaranteed as a Fundamental Right which has been removed by the 44th Constitutional Amendment Act, 1978. Now right to property isnota fundamental right, {tis now only a legal right. No fundamental right in India is absolute and reasonable restrictions can be imposed in the interest of the state by valid legislation and in such case the Court normally would respect the legislative policy behind the ssame,( People’s Union for Cl Liberties v. Union of India, (2004) 2 SCC 476}, From the pont of view of persons to whom the rights are available, the fundamental rights may be classified as follows: {G@) Articles 15, 16, 19 and 30 are guaranteed oily to citizens. Page 3 of 50(b) Articles 14, 20, 22, 22, 23, 25, 27 and 28 are available to any person on the soll of India—citizen or foreigner. (6) The rights guaranteed by Articles 15, 17, 18, 0, 24 are absolute limitations upon the legisative power. STATE (ARTICLE 12) With a few exceptions, al the fundamental rights are available against the State. Under Article 12, unless the context otherwise requires, “the State” includes— (2) the Government and Parliament of india; (@b) the Government and the Legislature of each of the States; and (6) all ocal or other authorities includes or refersto: G@ within the territory of India; or Gi) under the control of the Government of India. The expression ‘local authorities’ refers to authorities like Municipalities, District Boards, Panchayats, Improverrent Trusts, Port Trusts and Mining Settlement Boards. In Ajay Hasiav. Khalid Mufib, AIR 1981 SC 481, the Supreme Court has enunciated the following test for determining whether an entity is an Instrumertality or agency of the State) 41. If government hold entire share capital of the corporation 2, IF government provide financial assistance so much as to meet almost the entire expenditure, 3. Corpcration enjoys monopoly status protected by the state. 4, State exercise deep and pervasive control in corporation 5. Functions of corporation are of public importance and closely related to government functions. 6. If department of govt. is converted into corporation Justifiability of Fundamental Rights (ARTICLE 13) Interpretation regarding laws inconsistent with or in derogation with fundamental rights ARTICLE 13(2)- Relates to the laws already existing in force i.e laws which were in force before the ‘commencement of constitution, (pre-constitutional laws) can be declared void if are inconsistent with the fundamental rights ARTICLE 13(2)-Relates to future laws Le laws made after the commencement of the constitution, (post. Constitutional laws) state shall not make any law Which contradict any fundamental right if made the it s void to the extent of inconsistency. Right to Equality (Acticle 14) Equalty before law. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth Equalty of opportunity in matter of public employment Aboliton of untouchabilty Abolition of titles. Equality before the law and equal protection of the laws Article 14 of the Constitution says that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India” ‘The expression ‘equality before the law’ which is barrowed from English Common Law is a declaration of ‘equality ofall persons within the territory of india, implying thereby the absence of any special privilege in Page 4 of 50,favour of ary individual. Every person, whatever be his rank or position is subject to the jurisdiction of the ordinary courts. ‘The second expression “the equal protection of the laws” which is based on the last clause of the first section of the Fourteenth Amendment to the American Constitution directs that equal protection shall be secured to all persons within the territorial jurisdiction of the Union in the enjoyment of their rights and privileges without favouritism or discrimination. Prohibition of discrimination on grounds of religion ete, Article 15(2)-Prohibits the State from discriminating against any citizen on grounds only of: Religion, Race, Caste, Sex, Pace of birth or, Any of them, Article 15(2)- No citizen shall be subject to any disability, restriction or condition with regards to- + Access to shops, public restaurants, hotels and places of publ entertainment or + The use of wells, tanks, bathing ghats, roads and places of public resort, maintained wholly or partially out of state funds or dedicated to the use of general public. Article 15 (3) and 15(4) and 15(5) and 15(6) create certain exceptions to the right guaranteed by Article 15(1) and 15(2) Under Article 15(3)-The State can make special provision for women and children. It is under this provision that courts have upheld the validity of legislation or executive orders discriminating in favour of women. (Union of Indiay. Prabhakaran, (3997) Article 15(4}-Permits the state to make special provisions for advancement for socially and educationally backward classes of citizens, scheduled caste and scheduled tribes. Article 15(5}- Permits the state to make special provision for advancement for socially and educationally backward classes of citizens, scheduled caste and scheduled tribes relating to the admission to educational institutions ncluding private institutions, whether aided or not by state, other than the minority institution Article 15(61- Provides that nothing shall prevent the state from making any special provision for a. any economically sections other than the classes mentioned in clauses [4] ane [5] '. any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aded or unaided by the State, ‘ther than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to 2 maximum of ten per cent, of the total seats in each category. Equality of opportunity in m: ployment Article 16(1)- guarantees to all citizens equality of opportunity in matters relating to employment or appointment of office under the State. Article 16(2}- prohibits discrimination against a citizen on the grounds of religion, race, caste, sex descent, place of birth or residence Certain exceptions Article 16{3-Parliament can make a law that in regard to a class or classes of employment or appointment to fan office under the Government,under any local or other authority, residence within that State or Union Territory prior to such employment or appointment shall be an essential qualification. Page 5 of 0Article15(4)- Residence within that State or Union Territory prior to such employment or appointment shall be | an essential qualification. Article 16(4A)-Nothing in this article shall prevent the State from making any provision for reservation in ‘matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes ‘Article 46 (48)-Nothing inthis article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation as ¢ separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered togather. Article 16 (5)- A law shall not be invalid if it provides that the incumbent of an office in connection with the affair of any religious or denominational institution or any member of the governing body thereof shall be = person professing a particular religion or belonging to a particular denomination. Article 16 (6)- Nothing in this article shail prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classe: mentioned in clause (4), in addition to the existing reservation and subject to @ maximum of ten per cent. o the posts in each category. Abolition of untouchability (ARTICLE 17). Untouchabiltyisabolished and its practice in any form is forbidden ,it shall be an offence punishable in accordance of law .[t does not include an instigation to social boycott. Abolition of titles (Article 18) Mppre a prohibition rather than a fundamental right. Itstates that- {NO title not being a military or academin shall be conferred by the state 2.NO citizen shall accept any title from the foreign state. 3.No person, who is not a citizen of india shall, while he holds any office or trust under the State, accept without the consent ofthe President, any ttle from any foreign State. 4.No person, holding any office of profit or trust under State shall without the consent of the President, accep any present, emolument or office of any kind from or under a foreign State. Rights related to freedom (Article 19 to 22) Article 19(1), of the Constitution, guarantees to the citizens of India six freedoms, namely: (a) Freedom of speech and expression; ((b) Assemble peaceably and without arms; (c) Form associations or unions or co-operative societies (a) Move freely, throughout the territory of india; (Ce) Reside and settle in any part of the territory of India; ©) Sub-clause (f)is omitted by section 2 of the Constitution (Forty-fourth Amendment) Act, 1978; () practise any profession, or to carry on any occupation, trade or business. ‘These freedoms are not absolute but subject to certain restrictions provided in Article 19(2) 10 19(6) Page 6 of 50Article 19(2}-It enables the Legislature to impose by law reasonable restrictions on the freedom of speech and expression under the following heads: Permissible Restrictions (4) Sovereignty and integrity of india (2) Security of the State (3) Friendly relations with foreign States (4) Pubiic Order (5) Decency or morality (6) Cortempt of court (7) Defamation (8) Inctement to an offence Protection of Life and Personal Liberty. Article 21- confers on every person the fundamental right to life and personal liberty It says that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Right to Education According to Article 21A of the Constitution of India, the State shall provide free and compulsory education to all children cf the age of six to fourteen years in such manner as the State may, by law, determine. Protection against arrest and detention in certain cases According to Article 22 of the Constitution of india no arrested person shall be detained in custody without being informed, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. Right against Exploitation according to Article 23 of Constitution of India traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of Article 23 shall be an offence punishable in accordance with law 'No child below the age of fourteen years shall be employed to work in any factory o° mine or engaged in any other hazarcous employment. Right to Freedom of Religion Articles 25, 26, 27 and 28 of Constitution of India deals with right to Freedom of Religion. Freedom o* conscience and free profession, practice and propagation of religion. “Freedom ta manage religious affairs. ‘= Freedom as to payment taxes for promotion of any particular religion. ‘= Freedom as to attendance at religious instruction or religious worship in certain educational institutions. ight to Constitutional Remedies Page 7 of 50‘Article 32 guarantees the enforcement of Fundamental Rights Its remedial and not substantive in nature. it isa cardinal principle of jurisprudence that where there is aright there is a remedy (ubi jus biremedium) and if rights are given without there being a remedy for their enforcement, they are of no use. FUNDAMENTAL DUTIES ‘Article SIA imposes the fundamental duties on every citizen of India, These Fundamental Duties are: (a) to abide by the constitution and respectits ideals and institutions, the National Flag and the National Anthem; (b) To cherish and follow the noble ideals which inspired our national struggle for freedom; Ce) to uphold and protect the sovereignty, unity and integrity of India; (d)to defend the country and render national service when called upon to do $0; (€)to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (8) to value and preserve the rich heritage of our composite culture; (6) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures; (Qh) to develop the scientific temper, humanism and the spirit of inquiry and reform; @) to safeguard public property and to abjute violence; @ to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement, (Gk)who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. Since the duties are imposed upon the citizens ang not upon the States, legislation is necessary for their implementation. Fundamental duties can't be enforced by writs. CITIZENSHIP Article 5: Citizenship at the commencement of the Constitution ‘Article 5 provides that at the commencement of the Constitution, every person who has his domicile in the territory of india and— (2) Who was born in the territory of India; or ((B) Either of whose parents was born in the territory of india; or (©) Who has been ordinanly resident in the territory of india for not less than five years immediately preceding such commencement, shall be a chizen of india PARLIAMENT PARLIAMENT which shall consist of the President and two Houses to be known as the Council of States and the House of the People. The President shall be elected by: ~ (a) the elected members of both Houses of Parliament Page 8 of 50(b) the elected members of the Legislative Assemblies of the States. Powers ofthe President Article 53 the Constitution lays down that the executive power of the union shall be vested in the President.‘Executive power’ in @ modern state have been classified under following heads: @ Administrative power, Le,, the execution of the laws and the administration of the departments of Government. Gi) iltary power, ie, the command of the armed forces and the conduct of war. Gi) Legislative power, Le, the summoning prorogation, etc. ofthe legislature. Gv) Judicial power, ie., granting of pardoris, reprieves etc. to persons convicted of crime, Power to Promulgate Ordinance Article 123 of the Constitution provides that the President shall have the power to legislate by Ordinances at any time when itis not possible to have a parliamentary enactment on the subject, immediately. This is a special feature of the Constitution of india, Rajya Sabha (Council of States! ‘The Council of States shall consist of twelve members to be nominated by the President and not more than two hundred and. thirty-eight representatives of the States and of the Union territories. The maximum, strength of the House envisaged by the Constitution is 552, which is made up by election of upto 530 members to represent the States, upto 20 members to represent the Union Territories and not more than two members of the Anglo-Indian Community to be nominated by the Hon'ble President. COUNCIL OF MINISTERS There shall be @ Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, actin accordance with such advice. The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People. CONSTITUTION OF LEGISLATURES IN STATES For every State there shall be a Legislature which shall consist of the Governor, and @ in the States of Andhra Pradesh, Bihar, Madhya’ Pradesh, Maharashtra, Karnataka, Tamil Nadu, Telangana and Uttar Pradesh having two Houses Gi) in other States, one House. Gii)Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly. Gv) The Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State. The total number of members in the Legislative Council of a State having such a Couneil shall not exceed one third of the total number of members ((¥) Legislative Assembly of that State. The total number of members in the Legislative Council of a State shall in no case be less than forty. Page 9 of 50GOVERNOR ‘The executive power of the State is vested in the Governor and all executive action of the State has to be ‘taken in the name of the Governor. same person can be appointed as Governor for two or more states.The Governcr possesses executive, legislation and judicial powers as the Presidents except that he has no diplomate or military powers lke the President. ‘The Governor's power to make Ordinances as given under Article 213 is similar to thePresident. 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