CLAT PG key terms

A judicial principle holding that Parliament cannot amend the Constitution so as to destroy its essential features, such as judicial review or secularism. Originating in Kesavananda Bharati, it limits Article 368 amending power.

The constitutional provision setting out how Parliament may alter the Constitution, requiring special majorities and, for federal matters, state ratification. Its exercise remains subject to the basic structure doctrine.

The power of constitutional courts to examine legislative and executive action against the Constitution and declare it void if inconsistent. Articles 13, 32 and 226 provide the textual foundation in India.

The authority of the Supreme Court under Article 32 and High Courts under Article 226 to issue writs such as habeas corpus, mandamus, certiorari, prohibition and quo warranto for enforcing rights.

The requirement that a person bringing a case has a sufficient legal interest or is directly affected. Indian courts have relaxed it through public interest litigation for disadvantaged groups.

Litigation initiated to protect collective or diffuse interests, often by a third party on behalf of those unable to approach court. Courts relax standing rules and may act on letters or news reports.

A review standard asking whether a restriction pursues a legitimate aim, is rationally connected to it, is necessary, and balances harm against benefit. Indian courts apply it to test reasonableness of state action.

The constitutional limit under Articles 19(2) to 19(6) permitting the state to restrict freedoms only by law and only to the extent the restriction is reasonable and for listed purposes.

Two core procedural safeguards: audi alteram partem (hear the other side) and nemo judex in causa sua (no one judges their own cause). Administrative decisions affecting rights must ordinarily satisfy them.

The rule that a person affected by a decision must be given notice of the allegations and a fair opportunity to respond before the decision is made.

An administrative or judicial order that records reasons for the decision. Reasons enable effective appeal and judicial review, though natural justice may not always demand detailed reasons.

A ground of judicial review where a person reasonably relies on a representation or consistent past practice by a public body and expects it to continue, though it can be overridden by public interest.

The mental element of an offence: intention, knowledge, recklessness or negligence as the definition of the particular crime requires. It is distinct from motive and from the actus reus.

The prohibited physical conduct, omission or consequence that, combined with the required mental element, constitutes a crime. It must be proved by the prosecution beyond reasonable doubt.

Under Section 34 of the Indian Penal Code (now Section 3(5) of the Bharatiya Nyaya Sanhita), when several persons act with a shared pre-arranged purpose, each is liable for the offence as if committed alone.

Under Section 149 IPC (now Section 190 BNS), members of an unlawful assembly are vicariously liable for offences committed in furtherance of the assembly's common object, even without personal participation.

An assembly of five or more persons with a common object to commit an offence or use criminal force, among other grounds. Membership itself is punishable and attracts vicarious liability.

The obligation to establish a fact to the required standard. In criminal trials the prosecution bears it beyond reasonable doubt; in civil cases the plaintiff proves on a balance of probabilities.

The principle that an accused is treated as innocent until the prosecution proves guilt beyond reasonable doubt. Statutory reverse burdens must remain within constitutional limits.

A statement by a person about the cause of their death or circumstances of the transaction resulting in death, admissible under Section 32(1) of the Evidence Act even without the maker's testimony.

An out-of-court assertion offered to prove the truth of its content. It is generally inadmissible unless it falls within a recognised exception such as dying declaration or admission.

Something of value given in return for a promise, which may be an act, forbearance or promise. Section 2(d) of the Contract Act defines it; it is essential for a valid contract.

Consent given without coercion, undue influence, fraud, misrepresentation or mistake. Where consent is not free, the contract is voidable at the option of the aggrieved party.

The rule that only parties to a contract may enforce it. Indian law recognises exceptions, including beneficiaries of trusts and certain family arrangements.

Liability imposed on one person for the wrongful acts of another, typically an employer for an employee's torts committed in the course of employment.

The rule that where an accident is of a kind that ordinarily does not happen without negligence, and the thing causing it was under the defendant's control, negligence may be inferred.

Under Section 53A of the Transfer of Property Act, a transferee in possession under a written but unregistered contract may resist the transferor from evicting them, provided conditions are met.

A rule limiting the duration for which property interests can be tied up, voiding conditions that postpone vesting beyond the permitted period, generally a life in being plus minority.

Property a woman owns absolutely, including gifts and earnings, over which she retains full rights of disposal. Hindu law treats it distinctly from joint family property.

The separation between a company and its members, shielding shareholders from company liabilities. Courts may lift it to prevent fraud or where statute requires.

The obligation of directors and key managerial personnel to act honestly, in good faith and in the best interests of the company, avoiding conflicts of interest.

A transaction between a company and a director, promoter, or their relatives or entities, requiring disclosure and often prior approval of the audit committee or shareholders.

The principle that law, not arbitrary power, governs, requiring that laws be prospective, general, equally applied, and adjudicated by independent courts.

A theory holding that law's validity depends on its source and enactment according to recognised procedures, not on its moral merit. Austin and Hart are leading exponents.

The view that there are universal moral principles discoverable by reason that law ought to reflect, so that profoundly unjust enactments may fail to be true law.

The international law principle that treaties are binding on the parties and must be performed in good faith. It is codified in the Vienna Convention on the Law of Treaties.

Peremptory norms of international law from which no derogation is permitted, such as prohibitions on genocide and torture. Treaties conflicting with them are void.

Rules arising from consistent and general state practice accepted as legally obligatory (opinio juris). It binds states without the need for treaty ratification.

An environmental principle requiring that lack of full scientific certainty not delay measures to prevent serious or irreversible harm. Indian courts have read it into environmental jurisprudence.

The principle that those who cause pollution should bear the cost of preventing, controlling and remediating it, including compensating affected communities.

Development meeting present needs without compromising the ability of future generations to meet theirs, balancing economic growth with environmental protection.