25 cardsCLAT UG
CLAT UG: Legal Maxims, Constitutional Articles & Landmark Cases
Essential Latin legal maxims, key articles of the Constitution of India, and landmark Supreme Court precedents for the CLAT UG examination.
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Damnum Sine Injuria
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Terms in this deck (25)
1
Damnum Sine Injuria
Damage without legal injury. Actual harm or loss suffered by plaintiff without the violation of a legally protected right gives no cause of action (e.g. Gloucester Grammar School Case).
2
Injuria Sine Damno
Legal injury without actual financial damage. Violation of an absolute legal right gives rise to a valid claim even if no physical/pecuniary loss occurs (e.g. Ashby v. White).
3
Volenti Non Fit Injuria
To a willing person, no injury is done. Complete defense in tort where plaintiff knowingly, freely, and voluntarily consented to run the risk of harm.
4
Res Ipsa Loquitur
The thing speaks for itself. Doctrine of evidence where the mere occurrence of an accident creates a rebuttable presumption of defendant's negligence because the instrumentality was in defendant's exclusive control.
5
Strict Liability vs Absolute Liability in India
Rylands v. Fletcher (strict liability with defenses like act of God) vs M.C. Mehta v. Union of India (absolute liability for hazardous enterprises: no exceptions or defenses permitted).
6
Consensus Ad Idem
Meeting of minds. Agreement upon the same thing in the same sense (Section 13, Indian Contract Act 1872). Essential requirement for a valid contract.
7
Nemo Dat Quod Non Habet
No one can transfer a better title than he himself possesses. Foundational rule of Sale of Goods Act (Section 27), subject to exceptions like sale by mercantile agent.
8
Actus Reus and Mens Rea
Actus non facit reum nisi mens sit rea (an act does not make a person guilty unless the mind is also guilty). Both the prohibited physical act (actus reus) and culpable mental state (mens rea) are necessary for criminal guilt.
9
Audi Alteram Partem & Nemo Judex In Causa Sua
Twin pillars of Natural Justice: (1) Hear the other side (no one condemned unheard); (2) No one shall be a judge in their own cause (rule against bias).
10
Ubi Jus Ibi Remedium
Where there is a right, there is a remedy. Fundamental maxim establishing that every violation of a legal right must be redressed by the legal system.
11
Article 12: Definition of 'State'
Defines State to include Government and Parliament of India, Government and Legislature of each State, all local authorities, and other authorities under the control of Government (extended by Ajay Hasia test).
12
Article 13: Laws Inconsistent with Fundamental Rights
Article 13(2): State shall not make any law taking away or abridging Fundamental Rights, void to the extent of inconsistency. Includes doctrines of Severability and Eclipse.
13
Article 14: Equality Before Law & Non-Arbitrariness
Equality before law and equal protection of laws. Expanded in E.P. Royappa (1974) and Maneka Gandhi (1978) to strike down state action that is arbitrary, unreasonable, or whimsical.
14
Article 19(1)(a) & Reasonable Restrictions
Guarantees freedom of speech and expression. Restrictions under Article 19(2) must be reasonable and strictly confined to: sovereignty/integrity, security of State, friendly relations, public order, decency, contempt of court, defamation, or incitement.
15
Article 21: Protection of Life and Personal Liberty
No person shall be deprived of life or personal liberty except according to procedure established by law. Maneka Gandhi held that procedure must be 'just, fair, and reasonable' (incorporating substantive due process).
16
Article 32: Constitutional Remedies ('Heart and Soul')
Dr. Ambedkar termed Article 32 the 'heart and soul of the Constitution'. Guarantees right to move Supreme Court directly for enforcement of Fundamental Rights via writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari).
17
Kesavananda Bharati v. State of Kerala (1973)
13-judge bench established the Basic Structure Doctrine: Parliament has power under Art 368 to amend any part of Constitution, but cannot alter its basic structure or essential framework.
18
Maneka Gandhi v. Union of India (1978)
Overruled A.K. Gopalan. Established the 'Golden Triangle' connecting Articles 14, 19, and 21. Procedure established by law in Art 21 must be fair, just, and reasonable, not arbitrary.
19
Vishaka v. State of Rajasthan (1997)
Supreme Court laid down binding guidelines against sexual harassment of women at the workplace, drawing upon CEDAW conventions under Articles 14, 19, and 21, later enacted into POSH Act 2013.
20
Justice K.S. Puttaswamy v. Union of India (2017)
9-judge unanimous bench held that the Right to Privacy is a fundamental right emanating from the guarantee of life and personal liberty under Article 21 and Part III.
21
Navtej Singh Johar v. Union of India (2018)
Decriminalized consensual sexual acts between adults of the same sex by reading down Section 377 of the IPC, upholding dignity, autonomy, and equality under Articles 14 and 21.
22
Indra Sawhney v. Union of India (1992)
Landmark 9-judge bench ruling on reservations: upheld 27% OBC quota, ruled that total reservations should not exceed 50%, introduced the 'creamy layer' exclusion, and disallowed quotas in promotions.
23
Doctrine of Pith and Substance
Used to determine the true character and nature of legislation to decide which legislative list (Union, State, Concurrent in Seventh Schedule) it falls under when challenged for encroachment.
24
Doctrine of Repugnancy (Article 254)
When a State law conflicts with a Union law on a Concurrent List subject, Union law prevails and State law is void to extent of repugnancy, unless State law reserved for and received President's assent.
25
Basic Structure Test for Constitutional Amendments
Judicial review, rule of law, separation of powers, secularism, federalism, free and fair elections, and independence of judiciary are recognized core pillars that cannot be abrogated.