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Overview of the Constitution of
India
Presented by:
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Dr. VISHNU PRASAD.R,
N
ASSISTANT PROFESSOR OF LAW,
NLSIU, BANGALORE
 Fundamentals of Law
• Meaning
•

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Laws have purposive existence
• Forms of Laws

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• Classification of Laws
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• Legislative Competence and Procedure
N
• Commencement, operation, Amendment and
Repeal of Laws
 Meaning and Purposes of the
Constitution
• What is Constitution?
• Purposes of the Constitution- Preamble- Resolutionary,

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Promissory and Declaratory part
• Constitution is amendable
• Fundamental Principles on which the Constitution is

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founded
– ROL, SOP, Distribution of powers, cooperative federalism,
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judicial independence, JR, Constitutionalism, PNJ,
N
• Difference between ordinary law and constitution
• Associated phrases- constitutional law,
constitutionalism, constitutional conventions,
constitutional morality
 Salient Features of the Indian
Constitution
• Written constitution- lengthiest constitution, drawn from different
sources but adopted to suit our society
• Federal structure- nature of the Indian constitution-quasi federal-

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with unitary features
• No dual citizenship
• Parliamentary form of Government- executive accountable to

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Legislature
• Blend of rigidity and flexibility
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• Independent judiciary
• Constitutionalism and Rule of Law
N
• Secular State
• Equality Before Law and Equal Protection of Laws
• Fundamental Rights With Constitutional Remedies
 Elements of Fundamental Rights
• Meaning
• Purpose- empowerment of individuals and limitation on State’s power-Only
saints among power holders can resist the temptation of abusing it. Any
uncontrolled power is an evil and is capable of revealing demonism of
power. Power and Justice- Matsya Nyaya-ROL, SOP, JR, entrenched rules.

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• Nature of Fundamental Rights- essential, inalienable, non-negotiable,
indivisible, justiciable and non-absolute
• Reasonable Restrictions
• Emergency and Enforcement of Fundamental Rights

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• Categories of Fundamental Rights
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• “Right-Holders” and “Duty-Holders”
• Privatisation and consequent transition in Duty-Holder concept
N
• Power of the Parliament to Carry out Constitutional Amendment Acts
affecting Fundamental Rights- Basic Structure
• Judicial Review and Fundamental Rights- unconstitutionality of legislative ,
executive and judicial actions and in actions
• Enforcement of Fundamental Rights- Appropriate orders, Decree and
Judgment as well as writs including Habeas Corpus, Mandamus, Prohibition,
Certiorari and Quo- Warranto
 Judicial Process, Judicial activism and
Protection of Fundamental Rights
• firstly, the rule of locus standi, i.e. right to move
to the court, whereby only aggrieved person can

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approach the court for redress of his
grievances was relaxed by the higher judiciary.

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• Secondly, the higher judiciary allowed juristic
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persons like NGOs, residential associations,
N
NHRIs, civil societies, educational institutions and
such other juristic entities to file PILs, in addition
to natural persons.
• Thirdly, the higher judiciary relaxed the strict procedural
requirements in connection with the filing of writs and
consequently, the court has even considered material

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information supplied by post cards to invoke its writ
jurisdiction, known as epistolary jurisdiction.
• Fourthly, the higher judiciary began taking up suo moto

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actions, based on news reports, against State actions and
inactions violating human rights and fundamental freedoms
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of the people.
N
• Fifthly, as part of redressal mechanism perceived under
judicial activism, the victims of human rights violations
were provided with compensation/reparation, in addition
to restoration of their rights by the higher courts.
(Reservation to ICCPR)
• Sixthly, the higher courts led by the Supreme Court introduced
continuous mandamus proposition, to ensure that the
instrumentalities or agencies of the State do not ignore the

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directions of the court.
• Seventhly, the same court also introduced inquisitorial system in
addition to adversarial system in cases of human rights violations
involving environmental pollutions. In fact, in the Bhopal-gas leak

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case, the Supreme Court appointed several expert committees to
collect material facts in that case.
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• Eighthly, the Supreme Court has also issued certain guidelines and
laid down framework for laws on certain subjects like sexual
N
harassment, and sustainable development, etc. to deal with such
issues in the absence of specific legislations. Some writers call this
as judicial law making.
• Ninthly, questions involving administrative
irregularities, maladies in administration like
corruption, have been allowed to be questioned
in PILs and they were also examined by the courts

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as these issues have impact and implications on
the enjoyment of human rights.
• Lastly, the apex court has adopted the ‘technique

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of judicial incorporation of human rights’ in to the
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Indian legal system by which the court has made
N
certain un-enumerated rights as part of the
enumerated fundamental rights through judicial
interpretations, so long as no inconsistency
between IHRL and domestic laws existed.
 DPSPs
• Meaning
• Importance

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• Contents
•

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Duty-Holder in Part IV- Art. 36
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Nature of DPSPs- Art. 37
• Nexus between DPSPs and Fundamental Rights
N

• Judicial technique of Harmonious Construction

and read in conjunction with Fundamental Rights