Salient Features of Indian Constitution

India has a parliamentary democracy. There is a Council of Ministers headed by the Prime Minister who
enjoys the real powers and is responsible to the Parliament, which is elected by the people by universal
adult franchise. The Indian Constitution provides for Fundamental Rights which are justiciable. There is a
mention of the Fundamental Duties which have been added to the Constitution later. India just has single
citizenship. The Directive Principles of State Policy give a concrete shape to the welfare state.

1. A Written Constitution: A written constitution is framed at a given time and comes into force on a
fixed date as a document. Our constitution was framed in 2 years, 11 months and 18 days, it was
adopted on 26th November, 1949 and enforced on January 26, 1950.
2. Rigid and Flexibile: The Indian Constitution is a unique example of combination of rigidity and
flexibility.A constitution is called rigid or flexible on the basis of its amending procedure. In a
rigid constitution, amendment of the constitution is not easy like the constitutions of
USA, Switzerland and Australia are rigid constitutions. Whereas, the British Constitution is
considered flexible because its amendment procedure is easy and simple. The Constitution of India
has three categories of amendments ranging from simple to most difficult procedure depending on
the nature of the amendment.
3. Federal Polity: India has a federal structure. In a federation there are two distinct levels
of governments. There is one government for the whole country which is called the Union
or Central Government and there is a government for each Unit or State.The USA is a federation
whereas the UK(Britain) has a unitary form of government where there is only one government for
the whole country and the power is centralised.The Constitution of India does not use the term
‘federal state‟ but calls India a „Union of States‟. There is a proper distribution of powers between
the Union/Central Government and the State Governments in form of Union List, State List and
the Concurrent List.
4. Quasi Federal: It means a federal set up where despite having two clear sets of government –
central and the states, more powers are given to the Central Government, supremacy of the judiciary
is an essential feature of a federation so that the constitution could be interpreted impartially.
5. Parliamentary Democracy: India has a parliamentary form of democracy.This has been adopted
from the British system. In a parliamentary democracy there is a close relationship between the
legislature and the executive. The Cabinet is selected from among the members of legislature.
The cabinet is responsible to the latter. In this form of democracy, the Head of the State is nominal
so in India, the President is the Head of the State. Constitutionally the President has numerous
powers but in practice the Council of Ministers headed by the PM, exercises these powers. The
President has to act on the advice of the Prime Minister and the Council of Ministers.
6. Fundamental Rights and Fundamental Duties: The Constitution of India guarantees
Fundamental rights. The Constitution provides for six Fundamental Rights which are justiciable and
hence are protected by the judiciary. Fundamental Duties were added to our Constitution by the
42nd Amendment. It lays down a list of ten Fundamental Duties for all citizens of India. While the
rights are given as guarantees to the people, the duties are obligations which every citizen is
expected to perform.
7. Directive Principles of State Policy: These have been adopted from the Irish Constitution,
included in our Constitution to ensure social and economic justice to our people.
Directive Principles aim at establishing a welfare state in India where there will be no
concentration of wealth in the hands of a few.
8. Single Integrated Judicial System: India has a single integrated judicial system. The Supreme
Court is the apex court of the judicial system. Below it are the High Courts which control and
supervise the lower courts. The Indian judiciary is like a pyramid with the lower courts as the base,
High Courts in the middle and the Supreme Court at the top.
9. Independence of Judiciary: Indian judiciary is independent and impartial. It is free from the
influence of the executive as well as the legislature. Its judges are appointed on the basis of
their qualifications and cannot be removed easily neither can their terms of office be altered to their
disadvantage.
10. Single Citizenship: Usually in a federal state the citizens enjoys double citizenship like in the
USA. But in India there is only single citizenship which means that every Indian is a citizen of
 India, irrespective of the place of his/her residence or place of birth. He/she is not a citizen of
the Constituent State like Rajasthan, Uttaranchal or Chattisgarh to which he/she may belong to. All
the citizens of India can secure employment anywhere in the country and enjoy all the rights equally
in all the parts of the nation.
11. Universal Adult Franchise: Indian democracy functions on the basis of „one person one vote‟.
The Indian Constitution establishes political equality in India through the method of universal adult
franchise. Every citizen of India who is 18 years of age or above is entitled to vote in the elections
irrespective of caste, sex, race, religion or status.
12. Emergency Provisions: The Constitution makers expected that there could be situations when the
government could not be run in usual manner due to difficult circumstances. To cope with such
situations, the Constitution elaborated on emergency provisions. There are three types of
emergency; A) emergency caused by war, external aggression or armed rebellion; B) emergency
arising out of the failure of constitutional machinery in states; and C) financial emergency.
Preamble

What is a Preamble?
A preamble is an introductory statement in a document that explains the document‟s philosophy and
objectives.
In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values
and principles of the nation.
The preamble basically gives idea of the following things/objects:
 Source of the Constitution
 Nature of Indian State
 Statement of its objectives
 Date of its adoption
History of the Preamble to Indian Constitution
The ideals behind the Preamble to India‟s Constitution were laid down by Jawaharlal Nehru‟s Objectives
Resolution, adopted by the Constituent Assembly on January 22, 1947.
Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid
during the interpretation of Articles when language is found ambiguous.
Components of Preamble
It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.
Preamble declares India to be a sovereign, socialist, secular and democratic republic.
The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote
fraternity to maintain unity and integrity of the nation.
The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.
Key words in the Preamble
We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the
independent authority of the State, not being subject to the control of any other State or external power.
Sovereign: The term means that India has its own independent authority and it is not a dominion of any
other external power. In the country, the legislature has the power to make laws which are subject to certain
limitations.
Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a
mixed economy where both private and public sectors co-exist side by side.
It was added in the Preamble by 42nd Amendment, 1976.
Secular: The term means that all the religions in India get equal respect, protection and support from the
state.
It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
Democratic: The term implies that the Constitution of India has an established form of Constitution which
gets its authority from the will of the people expressed in an election.
Republic: The term indicates that the head of the state is elected by the people. In India, the President of
India is the elected head of the state.
Objectives of the Indian Constitution
The Constitution is the supreme law and it helps to maintain integrity in the society and to promote unity
among the citizens to build a great nation.
The main objective of the Indian Constitution is to promote harmony throughout the nation.
The factors which help in achieving this objective are:
Justice: It is necessary to maintain order in society that is promised through various provisions of
Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It
comprises three elements, which is social, economic, and political.
Social Justice – Social justice means that the Constitution wants to create a society without discrimination
on any grounds like caste, creed, gender, religion, etc.
Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their
wealth, income, and economic status. Every person must be paid equally for an equal position and all
people must get opportunities to earn for their living.
Political Justice – Political Justice means all the people have an equal, free and fair right without any
discrimination to participate in political opportunities.
Equality: The term „Equality‟ means no section of society has any special privileges and all the people have
given equal opportunities for everything without any discriminations. Everyone is equal before the law.
Liberty: The term „Liberty‟ means freedom for the people to choose their way of life, have political views
and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the
limit set by the law.
Fraternity: The term „Fraternity‟ means a feeling of brotherhood and an emotional attachment with the
country and all the people. Fraternity helps to promote dignity and unity in the nation.
Importance of Objectives: It provides a way of life. It includes fraternity, liberty, and equality as the
notion of a happy life and which can not be taken from each other.
Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and
equality be divorced from fraternity.
Without equality, liberty would produce the supremacy of the few over the many.
Equality without liberty would kill individual initiative.
Without fraternity, liberty would produce the supremacy of the few over the many.
Without fraternity, liberty and equality could not become a natural course of things.
Status of Preamble
The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be
understood by reading the following two cases.
Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the
implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the
enclaves which were decided for consideration by the bench consisting of eight judges.
Through the Berubari case, the Court stated that „Preamble is the key to open the mind of the makers‟ but it
can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law.
KesavanandaBharati Case: In this case, for the first time, a bench of 13 judges was assembled to hear a writ
petition. The Court held that:
The Preamble of the Constitution will now be considered as part of the Constitution.
The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important
role in the interpretation of statutes and provisions of the Constitution.
So, it can be concluded that preamble is part of the introductory part of the Constitution.
In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that
Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.
Amendment of the Preamble
42nd Amendment Act, 1976: After the judgment of the KesavanandBharati case, it was accepted that the
preamble is part of the Constitution.
As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic
structure of the preamble can not be amended.
Because the structure of the Constitution is based on the basic elements of the Preamble. As of now, the
preamble is only amended once through the 42nd Amendment Act, 1976.
The term „Socialist‟, „Secular‟, and „Integrity‟ were added to the preamble through 42nd Amendment Act,
1976.
„Socialist‟ and „Secular‟ were added between „Sovereign‟ and „Democratic‟.
„Unity of the Nation‟ was changed to „Unity and Integrity of the Nation‟.
Fact:
Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and 394 came into force
since the adoption of the Constitution on 26th November 1949 and the rest of the provisions on 26th
January 1950.
The concept of Liberty, Equality, and Fraternity in our Preamble was adopted from the French Motto of the
French Revolution.
-
Fundamental Rights:

Articles 12-35 of Indian Constitution deal with Fundamental Rights. These human rights are conferred
upon the citizens of India for the Constitution tells that these rights are inviolable. Right to Life, Right to
Dignity, Right to Education etc. all come under one of the six main fundamental rights.
Fundamental rights are a very important topic in the polity section of the UPSC exam. It is a basic static
portion of the syllabus but it is highly dynamic in the sense that it is featured in the daily news in some form
or the other.

What are the Fundamental Rights?

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed
to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc.
Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them

2. They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of
law.

List of Fundamental Rights

There are six fundamental rights of Indian Constitution along with the constitutional articles related to them
are mentioned below:

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th Constitutional
Amendment.
This was because this right proved to be a hindrance towards attaining the goal of socialism and
redistributing wealth (property) equitably among the people.
Note: The right to property is now a legal right and not a fundamental right.

Introduction to Six Fundamental Rights (Articles 12 to 35)

Under this section, we list the fundamental rights in India and briefly describe each of them.
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place
of birth. It ensures equal employment opportunities in the government and insures against discrimination by
the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition
of titles as well as untouchability.
Aspirants can read more about Right to Equality in the linked article.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution
guarantees freedom to citizens. The freedom right includes many rights such as:

 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practise any profession
 Freedom to reside in any part of the country
Read more on the Right to Freedom in the linked article.
Some of these rights are subject to certain conditions of state security, public morality and decency and
friendly relations with foreign countries. This means that the State has the right to impose reasonable
restrictions on them.
Aspirants can find the details on Right to Life (Article 21), in the linked article.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also
implies the prohibition of children in factories, etc. The Constitution prohibits the employment of children
under 14 years in hazardous conditions.
Read more on the Right against Exploitation in the linked article.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is
freedom of conscience, profession, practice and propagation of religion. The State has no official religion.
Every person has the right to freely practice his or her faith, establish and maintain religious and charitable
institutions.
Read more on the Right to Freedom of Religion in the linked article.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to
preserve their heritage and culture. Educational rights are for ensuring education for everyone without any
discrimination.
Read more on Cultural and Educational Rights in the linked article.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens‟ fundamental rights are violated. The government cannot
infringe upon or curb anyone‟s rights. When these rights are violated, the aggrieved party can approach the
courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental
rights.
Read more on Right to Constitutional Remedies (Article 32) in the linked article.

Features of Fundamental Rights

 Fundamental rights are different from ordinary legal rights in the manner in which they are
enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC bypassing
the lower courts. He or she should first approach the lower courts.
  Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens
and foreigners).
 Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are
subject to the conditions of state security, public morality and decency and friendly relations with
foreign countries.
 They are justiciable, implying they are enforceable by courts. People can approach the SC directly
in case of violation of fundamental rights.
 Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the
amendment does not alter the basic structure of the Constitution.
 Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under
Articles 20 and 21 cannot be suspended.
 The application of fundamental rights can be restricted in an area which has been placed under
martial law or military rule.

Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights that are available only to citizens (and not to foreigners):

1. Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article
15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of freedom of:(Article 19)
o Speech and expression
o Association
o Assembly
o Movement
o Residence
o Profession
4. Protection of the culture, language and script of minorities (Article 29).
5. Right of minorities to establish and administer educational institutions (Article 30).

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the country. They are essential
for safeguarding the people‟s interests.
According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an
express provision for judicial review. The SC and the High Courts can declare any law unconstitutional on
the grounds that it is violative of the fundamental rights. Article 13 talks about not just laws, but also
ordinances, orders, regulations, notifications, etc.

Amendability of Fundamental Rights

Any changes to the fundamental rights require a constitutional amendment that should be passed by both
the Houses of Parliament. The amendment bill should be passed by a special majority of Parliament.
Read about types of majorities in Indian Parliament in the linked article.
As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental
rights.
The question is whether a constitutional amendment act can be termed law or not.
In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of the
Constitution including fundamental rights.
But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it said that
the fundamental rights cannot be amended.
In 1973, a landmark judgement ensued in the KesavanandaBharati case, where the SC held that although
no part of the Constitution, including Fundamental Rights, was beyond the Parliament‟s amending power,
the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”
This is the basis in Indian law in which the judiciary can strike down any amendment passed by Parliament
that is in conflict with the basic structure of the Constitution.
In 1981, the Supreme Court reiterated the Basic Structure doctrine.
It also drew a line of demarcation as April 24th, 1973 i.e., the date of the KesavanandaBharati judgement,
and held that it should not be applied retrospectively to reopen the validity of any amendment to the
Constitution which took place prior to that date.
Aspirants can learn more about 25 important SC judgements for UPSC in the linked article.

Doctrine of Severability
This is a doctrine that protects the fundamental rights enshrined in the Constitution.
It is also known as the Doctrine of Separability.
It is mentioned in Article 13, according to which all laws that were enforced in India before the
commencement of the Constitution, inconsistent with the provisions of fundamental rights shall to the
extent of that inconsistency be void.
This implies that only the parts of the statute that is inconsistent shall be deemed void and not the whole
statue. Only those provisions which are inconsistent with fundamental rights shall be void.

Doctrine of Eclipse
This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is only
non-enforceable, i.e., it is not dead but inactive.
This implies that whenever that fundamental right (which was violated by the law) is struck down, the law
becomes active again (is revived).
Another point to note is that the doctrine of eclipse applies only to pre-constitutional laws (laws that were
enacted before the Constitution came into force) and not to post-constitutional laws.
This means that any post-constitutional law which is violative of a fundamental right is void ab initio.
Fundamental Duties – Part - IV A– Art 51A
42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86th Amendment
Act 2002 later added 11th Fundamental Duty to the list. Swaran Singh Committee in 1976 recommended
Fundamental Duties, the necessity of which was felt during the internal emergency of 1975-77.

The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian Constitution.
Introduction to 11 Fundamental Duties in India
The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in
addition to creating and promoting culture, also strengthen the hands of the legislature in enforcing these
duties vis-a-vis the fundamental rights.
The list of 11 Fundamental Duties under article 51-A to be obeyed by every Indian citizen is given in the
table below:

S.No 11 Fundamental Duties

1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the
National Anthem

2. Cherish and follow the noble ideals that inspired the national struggle for freedom

3. Uphold and protect the sovereignty, unity and integrity of India

4. Defend the country and render national service when called upon to do so

5. Promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women

6. Value and preserve the rich heritage of the country‟s composite culture

7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures

8. Develop scientific temper, humanism and the spirit of inquiry and reform

9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement

11. Provide opportunities for education to his child or ward between the age of six and fourteen
years. This duty was added by the 86th Constitutional Amendment Act, 2002
Importance of Fundamental Duties- Part IV-A
Fundamental Duties are an inalienable part of fundamental rights. The importance of these are given in the
table below:

S.No Importance of Fundamental Duties

1. They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment among them

4. They help the courts in examining and determining the constitutional validity of a law

5. They are enforceable by law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the following
grounds:

 They have been described by the critics as a code of moral precepts due to their non-justiciable
character. Their inclusion in the Constitution was described by the critics as superfluous. This is
because the duties included in the Constitution as fundamental would be performed by the people
even though they were not incorporated into the Constitution.
 Some of the duties are vague, ambiguous and difficult to be understood by the common man.
 The list of duties is not exhaustive as it does not cover other important duties like casting vote,
paying taxes, family planning and so on. In fact, the duty to pay taxes was recommended by the
Swaran Singh Committee.
 The critics said that the inclusion of fundamental duties as an appendage to Part IV of the
Constitution has reduced their value and significance. They should have been added after Part III so
as to keep them on par with Fundamental Rights.
 Swaran Singh‟s Committee recommended more than 10 Fundamental Duties, however, not all were
included in the Constitution. Those duties recommended by the committee which were not accepted
were:
1. Citizens to be penalized/punished by the parliament for any non-compliance with or refusal
to observe any of the duties.
2. The punishments/penalties decided by the Parliament shall not be called in question in any
court on the ground of infringement of any of Fundamental Rights or on the ground of
repugnancy to any other provision of the Constitution.
3. Duty to pay taxes.
Directive Principle of State Policy

Part IV of the Indian Constitution defines the Directive Principle of State Policy (DPSP). Basically, the
Directive Principles of State Policy have been borrowed from the Irish Constitution. The Directive
Principles of State Policy are guidelines to the State which has been written in the Indian Constitution. But
you can‟t compel the State for their enforceability in a Court of Law. While the Fundamental Right is
enforceable in a court of law. Directive Principle is a set of instructions that have to be followed by the
lawmakers while making the policy for the citizens.

Directive Principle of State Policy makes an obligation on the State to make good policies for the
betterment of the society so that it could develop the Socio-economic conditions of the citizens.

The underlying object behind the Directive Principles

If the Union or State government made any law then it is the responsibility of the union or state government
to follow the guiding principle of the state policy. The Objective behind the Directive Principles of State
Policy is the welfare of the State. One of the important objectives behind the Directive Principles of State
Policy is to achieve the goal of welfare state. The aim of the Directive Principle of State Policy is to
improve the social and economic condition of the citizen so that they can enjoy the good life. Directive
Principle of State Policy acts as a check and balance for the Government so that in the upcoming election a
citizen of the country can cast their vote according to the performance of the previous government.

The success and failure of the government can be judged by their Policies and Principles and if the
government fails to implement the Directive Principle in the State in a proper way, then they can lose the
upcoming election. That‟s why the Directive Principle of State Policy makes an obligation on the State that
within the time period by implementing the principle, State can achieve its goal.

Classification of the Directives: Social and Economic Charter

A social order based on justice

Article 38(1) of the Indian Constitution talks about the social order based on justice. Article 38(1) says that
it is the responsibility of the State to work for the welfare of the people. Social order includes the law and
order. It also includes the Public order and the security of the state. That‟s why it is the responsibility of the
state to maintain public peace, public safety, public order.

The state has a legal duty as well as a constitutional mandate to maintain the security of citizens.

Principles of policy to be followed by the State for securing economic justice

Article 39 of the Indian Constitution directs the State to follow the principles while making policy for the
Citizen.

 Men and Women will have an equal right in the means of livelihood.
 It is the responsibility of the State to distribute the ownership and control of the material to the
common people.
 It is the responsibility of the State to not discriminate on the basis of sex which means men and
women will get equal pay for equal work.
 The state has a responsibility to ensure the health of the children and workers.

 Article 39(b) also covers material resources. For the purpose of development, construction of

the house, for the purpose of providing public facilities like roads, playgrounds, bridges, the

government can acquire the land of the Private owners.

Social Security Charter

Equal justice and free legal aid to economically backward classes

Article 39A of the Indian Constitution says that it is the duty of the State to provide free legal aid to all the
citizen of the country. It is the responsibility of the State to make provisions and schemes regarding free
legal aid so that economically backward classes can take the benefit of that. Legal Aid and Speedy trial is
now a fundamental Right which comes under Article 21 of the Indian Constitution. Even all the prisoners
can enjoy this right.
Organization of Village Panchayats

Article 40 of the Indian Constitution talks about Panchayati Raj System. It is the responsibility of the State
to take all the steps for the establishment of the Panchayati Raj.

Panchayati Raj is the pillar of the Indian Political System. It is the oldest form of Local self-government.
Panchayati Raj election is the grassroots of Indian Democracy. All the members of Panchayati Raj are
elected by the democratic process. Panchayati Raj System has been inserted in the Constitution by the 73rd
Constitutional Amendment in 1973. Rajasthan was the first state to adopt the Panchayati Raj System. The
election of the Panchayati Raj System is conducted by the State Election Commission. State Finance
Commission Provides the funds for the betterment of the Panchayati Raj system.

Panchayati Raj System has been inserted in the Indian Constitution by the 73rd Constitutional Amendment
in 1992.

On the recommendations of the Balwant Rai Committee, the Panchayati Raj System has been divided into
three tiers:

1. Village Panchayat;
2. Panchayat Samiti;
3. Zila Parishad.

Right to work, education and public assistance in certain cases

Article 41 of the Indian Constitution says that the State has a duty to provide employment, education and to
provide help to those who are unemployed, and those who can‟t take care of themselves like old age
people.

Just and human conditions of work

Article 42 of the Indian constitution directs the State to develop the condition of humans and provide
maternity relief.

A living wage for workers

Article 43 refers to the living wages for the workers, which means that the state has a responsibility to make
a provision regarding the wages of the worker and wages should be as such that he can maintain all the
basic necessities like clothes, food, shelter.
Participation of workers in the management of Industries

Article 43 A of the Indian Constitution talks about the participation of workers in management of
industries. Article 43 A says that through the legislation, State has a responsibility to secure the
participation of workers.

Provision for early childhood care and education to children below the age of six years

Article 45 of the Indian Constitution directs the state to make provision regarding free and compulsory
education to all children till the age of 14 years. The reason behind free education to all the children is to
eradicate the illiteracy rate.

In the case of Unni Krishnan v. the State of A.P, the Apex Court held that the Right to education, up to the
age of 14 years is a Fundamental Right and it will come under the purview of Article 21 that is Right to life
and personal liberty. In the 86th Constitutional Amendment, a new Article has been inserted that is Article
45 which says that the State shall provide childhood care and free education to all children till the age of six
years.

Promotion of educational and economic interest of weaker sections

Article 46 of the Indian Constitution grants the power to State to do promotion of the educational and
economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of the society. The
state has also the responsibility to protect them from all forms of exploitation and injustice from society.

Duty to raise the standard of living and improvement of health

Article 47 of the Indian Constitution makes an obligation on the State to improve the level of nutrition and
maintain the standard of living. It also makes an obligation on the State to improve the condition of public
health.

The state has the power to prohibit all intoxicating drinks and drugs which are injurious to health except
medical purposes.

Community Welfare Charter :

Uniform Civil Code

Article 44 of the Indian Constitution states that it is the duty of the State to secure for the citizens a Uniform
Civil Code throughout the territory of India.
Basically, the Uniform Civil Code means a set of laws through which all the personal laws of the different
religions will come under one platform and governed by a single law. But currently, in India, each religion
has a separate personal law and they follow their personal law. Goa is the only State to have a Uniform
Civil Code.

Shah Bano Case

The first issue regarding the Uniform Civil Code arose in the case of the Shah Bano case. In the case of
Shah Bano‟s case, her husband Ahmad khan divorced her and denied to give maintenance. Shah Bano
moved the Supreme Court for the maintenance under Section 125 of Cr.PC.

The Supreme Court gave the judgment in favor of shah bano on the ground that Section 125 of Cr.PC. is
applied to all citizens of the country irrespective of their Religion. But, the Muslim community was not
ready to accept the judgment of the Supreme Court. Many protests were organized by the protesters against
the judgment of the Supreme Court. Protester‟s contention was that the Supreme Court doesn‟t have any
right to interfere in the personal laws.

After this case the Rajiv Government came up with a new law that is Muslim Women (Protection of Right
on Divorce) Act 1986, which nullified the judgement of the Supreme Court. The Act states that in the
Divorce matter the Personal law will prevail.

In the Act, it was also mentioned that in the Divorce matter Muslim men will have the right to give
maintenance only till the time of Iddat Period, that is 90 days from the Divorce. After that, the liability of
paying the maintenance will shift to the Waqf Board.

SarlaMudgal Case

There was an NGO named Kalyani, and SarlaMudgal was the President of the Kalyani NGO who had
fought for the Meena Mathur. Under the Hindu Personal Law, Meena Mathur was married to
JitendarMathur. As per Muslim Law, there is a provision that Muslim men can marry as many as four wives
during his lifetime. After that Jitendra Mathur Converted into Islam and married another girl and that girl
also converted into Islam.

SarlaMudgal filed a case against the JitendarMathur. The contention from the advocate of Jitendra Mathur
was given that he has married under the Muslim law, which permits the second marriage.

But the Supreme Court gave the Judgement in favor of MeenaMathur and held that Islamic Law permits
four marriage but conversion for the purpose of marriage is an abuse of Personal Laws.
Further Court clarified that Hindu marriage will be dissolved only under the Hindu Marriage Act. In order
to prevent such type of marriage Court also quoted that UCC should be implemented in order to prevent
similar types of matters.

Promotion of Co-operative Societies

Promotion of Co-Operative Societies has been added by the 97th Amendment 2011. The state has a
responsibility to promote Co-Operative Societies. Co-Operative societies include the management, control,
functions.

The organization of agriculture and animal husbandry

Article 48 of the Indian Constitution talks about the Organisation of agriculture and animal husbandry. It is
the responsibility of the State to organize agriculture and animal husbandry. Article 48 also directs the State
to prohibit the Slaughtering of cows and calves and another dairy animal.

Protection and improvement of forests and wildlife

Article 48A of the Indian Constitution says that it is the responsibility of the state to take all the necessary
steps to protect the environment, forest, and wildlife animals. In the M.C Mehta case, the Supreme Court
has held that the State has a responsibility to take steps to improve the quality of polluted water.

Protection of monuments and places and objects of national importance

Article 49 of the Indian Constitution grants the power to the State to take care of and protect monuments
and historical places. State also has a responsibility to protect the Ancient and historical monuments.

Separation of Judiciary from Executive

Article 50 of the Indian Constitution talks about the Separation of Judiciary from Executive. Judiciary is an
independent body. The guardian of the constitution is Judiciary. If the executive will start working like
judiciary then there will be a clash of power that‟s why Article 50 separates the judiciary from the
executive.

However, in some cases, judicial functions are performed by the executive.

Like in the Appointment of Judges they are appointed by the Executive.

However, in the matter of Pardoning and Reprieve Executive enjoys that Right.

Promotion of International Peace and security

Article 51 of the Indian Constitution talks about the Promotion of International Peace and Security. It is the
responsibility of the State to Promote peace and security with another country.

It is the responsibility of the State to maintain good relations with another country. Good relations with
another country help the State in many ways.

There are many international laws and treaties that were signed between the two State so it is the obligation
on State to Respect or obey all the treaties and International Law. It also says that if any dispute arises
between the two State then it is the responsibility of the State to settle the dispute by Arbitration.

The relation between Directive Principles and Fundamental Rights

Fundamental Right limits the power of the Government while making any law which means that the
Government doesn‟t have any authority to make a law that is inconsistent with the Fundamental Right. But
the Directive Principle of State Policy are guidelines to state for achieving certain goals. If your
fundamental right has been violated then you can go to the court by Article 32 but in violation of the
Directive Principle of State policy, you can‟t go to the court.

Nowadays, there are many debates that run that there is no use of Directive Principles of State Policy in the
State because it is not enforceable in the Court but in the current scenario, it plays an important role for the
betterment of the society.

You can read the Directive Principle of State Policy into the Fundamental Right. You can take the example
of the Right to education.

The Directive Principle of State Policy expands the ambit of the fundamental rights.

In the past, there are many judicial pronouncements that have been pronounced by the Apex Court in which
they draw the line between them.

Madras v. ChampakamDorairajan

In this case, the Apex Court held that the Directive Principle of State policy is the subsidiary to the
Fundamental Right because Fundamental Right is enforceable in a Court of law while the Directive
Principle of State Policy is not. Directive Principle of State Policy will run according to the Fundamental
Right.

Re Kerala Education Bill

In the case of Re Kerala education bill, the Supreme Court held that there is no conflict between the
Fundamental Right and Directive Principle of State Policy. Fundamental Right and Directive Principle of
State policy are Complementary and Supplementary to each other.

Further, the Court held that they are elastic and wide in nature so that in the future it can change according
to the needs of the Society. Supreme Court held that the Directive Principle of State Policy is the Integrated
scheme.

Minerva Mills Case

In Minerva Mills case, the Supreme Court observed that fundamental rights are not the end of the path and
end are specified in the Directive Principle of State Policy. Further, the Court explained that you can‟t give
primacy to one. One has to give priority to both.

The harmony and balance between the Fundamental Rights and Directive Principle of State Policy is an
essential feature of the Constitution.

Ashok Kumar Thakur v. UOI

In this case, the Court held that you can‟t make the distinction between the Set of Rights. Fundamental
Right has a different goals while Directive Principle of State Policy has a different goals. Fundamental
Right Represent the Civil and Political Right while the Directive Principle of State Policy represents the
Social and Political Right. Further, the Court explained that the Directive Principle of State Policy is not
enforceable in a court of law that doesn‟t mean that these are subordinate.

Directive Principles have given the status of Fundamental Rights: A New Dimension

It is true that by the judicial pronouncements the court has given a new dimension to the Directive
Principles of State Policy. In some cases, the Directive Principle of State Policy interpreted the concept of a
fundamental right.

In the Unnikrishnan case, the Supreme Court changed the status of the Directive Principle into the
Fundamental Right. That‟s why the status of Article 45 of the Indian Constitution has been changed from
the Directive Principle into the Fundamental Right. So that from the age of 6 to 14 years, it is the
responsibility of the State to provide free and compulsory education to all children. And it is enforceable in
a Court of Law. There is another example that has taken the shape of a Fundamental Right is Equal Pay for
Equal Work. In the case of Randhir Singh, the Supreme Court held that Equal pay for equal work is a
Fundamental Right and it is enforceable in a Court of Law.

In the case of M.H. Hoskot vs State of Madras the Supreme Court held that fair legal aid is an integral part
of a fair procedure of court and it is the duty of the government to provide free legal aid. Free legal aid
comes under Article 21 of Indian Constitution. While in the case of HussainaraKhatun vs Home Secretary,
State of Bihar, Supreme Court held that detention of under trial prisoners is a violation of Article 21 and
Right to a Speedy trial is a fundamental Right Speedy trial is the Fundamental Right of the citizen which
will come under Article 21 of the Indian Constitution.

Difference between DPSP And Fundamental Rights

Fundamental Right Directive Principle of State Policy

1. Article 36 to 51 of Indian Constitution

1. Article 12 to 35 of Indian Constitution
deals with Directive Principle of State
deals with Fundamental Right. It is in
Policy. It is in part IV of Indian
part III of the Indian Constitution.
Constitution.

2. They are negative in nature because they 2. They are positive in nature because it require the
prohibit the State from doing certain things. State to do certain things.

3. Fundamental Rights are enforceable in a Court 3. Directive Principle aren‟t enforceable in a court of
of law. law.

4. Fundamental Rights promote the welfare of 4. Directive principle promote the welfare of the
Individual. Community.

5. For the implementation of Fundamental Right 5. Directive Principle require legislation for the
it doesn‟t require any legislation. implementation.

DPSP and Amendment

If the Union Government thinks that there is a need to amend the Directive Principle or to add something
then Parliament has the power to amend or add something in the Directive Principle by the Special
Majority. There are many amendments which has been done by the Parliament.

42nd Amendment Act, 1976

In the 42nd Amendment 1976, the Parliament has made four Amendments in the Directive
Principle. Article 39 of the Indian Constitution Parliament has made an obligation on State to secure a
social order for the promotion of the welfare of the People.

After that Parliament has added a new Article that is Article 39A which says that it is the duty of the State
to provide equal justice to all and free legal aid. The 42nd Amendment Act Parliament has added a new
Article that is Article 48A which says that it is the duty of the state to Protect the Environment and to
improve the quality of water and air through all possible ways.

44the Amendment Act, 1978

The 44th Amendment of the Indian Constitution made an obligation on State to take all steps to eradicate
the inequalities in the income of the Individual and to give the facilities to the Individual and the group of
people who are residing in the different areas.

73rd Amendment Act, 1992

By the 73rd Constitutional Amendment, Parliament has added the Panchayat in Part IX of the Indian
Constitution which talks about the Organisation of Village Panchayat.

86th Amendment Act, 2002

By the 86th Constitutional Amendment, a new Article has been inserted in the Constitution that is Article
21A which says that the Right to education is a Fundamental Right. It creates an obligation on the State to
provide free and compulsory education to all the children who belong to 8 to 14 years of age. If the state
fails to do so then you can sue in a court of law.

97th Amendment Act, 2011

Article 43B was added in the Indian Constitution which is related to the co-operative societies. It directs the
State to take all the necessary steps to promote the voluntary formation, autonomous functioning,
democratic control and professional management of the co-operative societies.
Judicial Pronouncement

Time to time there are many conflicts that arose regarding the supremacy of Fundamental Right over the
Directive Principle of State Policy.

The question was whether the Fundamental Right is superior to the Directive Principle of State Policy or
not? So through many judicial pronouncements, the Supreme Court has cleared their stand on that.

State of Madras vs ChampkamDoraijan ( AIR 1951 SC 226 )

In this case, the Supreme Court held that if a Parliament made a law which contravenes the Fundamental
Right then that law would be void but it will not apply to the Directive Principle of State Policy. It shows
that fundamental rights are on higher pedestal than Directive principles of state policy. The subsidiary of
Fundamental Right is the Directive Principle of State Policy. Directive Principle will operate according to
the fundamental Right.

In kerala education bill (1959 1 SCR 995)

In this case, the Supreme Court gave the new principles that is the Principle of Harmonious Construction.
In this case the Apex Court said that if there is any conflict between the Fundamental Right and Directive
Principle of State Policy then the Doctrine of Harmonious Construction will apply. However if in case any
conflict remains after applying the Principle of Harmonious construction then the Fundamental Right will
prevail over the Directive principles of state policy.

Golaknath&Ors. v. State of Punjab (1967 AIR 1643)

In this case, the Supreme Court held that Parliament can‟t amend the fundamental Right of the Indian
Constitution. Another significant issue in this case was whether Amendment is a “law” under the meaning
of Article 13(2). Article 39(b) and Article 39(c) come under the purview of the Directive Principle of State
Policy and in giving effect to these articles if that law violates Article 14, 19 and 31 of Indian Constitution
then that law can‟t be declared as Unconstitutional.

Keshvananda Bharti v. State of Kerala (1973) 4 SCC 225),

In this case, the Supreme Court placed the Directive Principle of State Policy on a higher Position than the
Fundamental Right. In the Minerva Mills case, there was a question that whether the Directive Principle of
State Policy has supremacy over that. Then, in this case, the Apex Court has decided that the Doctrine of
Harmonious Construction will apply.

Both are Complementary to each other and for the better function of the State, both should be balanced.
Unnikrishna v. State of Andra Pradesh (1993 SCC (1) 645)

In this case, the Court was of the view that Fundamental Rights and Directive principles are not exclusive
to each other therefore they shouldnt be read in exclusion. The goal of the Directive Principle of State
Policy can be achieved only through the means of Fundamental Right.

Conclusion

You can‟t deny the importance of the Directive Principle of State Policy. It plays an equivalent role. You
can‟t abhor the Directive Principle just because it is not enforceable in a Court of Law rather they are the
guiding principle for the State. It is the responsibility of the State to apply these principles while at the time
of making laws. However, it is not enforceable in a court of law but the Directive Principle of State Policy
is the backbone of the Fundamental Right. The main reason behind the Directive Principle is to strengthen
the condition of the people. It is just like a structure and policy through which the Government makes the
law. Nowadays there are many Directive Policy which are taking the shape of the fundamental right. India
is a democratic country and government change after every five years and every government makes new
laws so in that situation Directive Principles of State Policy plays a vital role because every government has
to follow these principles while making the laws for the Country.

1. Explain sustainable development?

Sustainable development can be defined as an approach to the economic development of a country without
compromising with the quality of the environment for future generations. In the name of economic
development, the price of environmental damage is paid in the form of land degradation, soil erosion, air
and water pollution, deforestation, etc. This damage may surpass the advantages of having more quality
output of goods and services.

Sustainable Development Goals

 To promote the kind of development that minimises environmental problems.

 To meet the needs of the existing generation without compromising with the quality of the
environment for future generations.

Achieving Sustainable Development

Sustainable development can be achieved if we follow the following points:

1. It can be achieved by restricting human activities.

2. Technological development should be input effective and not input utilising.

3. The rate of consumption should not surpass the rate of salvation.

4. For renewable resources, the rate of consumption should not surpass the rate of production of
renewable substitutes.

5. All types of pollution should be minimised.

 6. It can be achieved by sensible use of natural resources.

2. Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental impacts
of a proposed project or development, taking into account inter-related socio-economic, cultural and
human-health impacts, both beneficial and adverse.

Environment Impact Assessment in India is statutorily backed by the Environment Protection Act, 1986
which contains various provisions on EIA methodology and process.

Importance of EIA

 EIA links environment with development for environmentally safe and sustainable development.

 EIA provides a cost effective method to eliminate or minimize the adverse impact of developmental
projects.

 EIA enables the decision makers to analyse the effect of developmental activities on the
environment well before the developmental project is implemented.

 EIA encourages the adaptation of mitigation strategies in the developmental plan.

 EIA makes sure that the developmental plan is environmentally sound and within the limits of the
capacity of assimilation and regeneration of the ecosystem.

The EIA Process

EIA involves the steps mentioned below. Four stages:

1. Screening

2. Scoping

3. Public hearing

4. Appraisal

3. What are the powers and functions of the Parliament?

The Indian Parliament is a bicameral legislature. It consists of two houses: Rajya Sabha which is the upper
chamber of the Parliament and Lok Sabha which is the lower chamber of the parliament.

The powers and functions can be classified into the following categories:

1. Legislative powers and functions:

The primary function of Parliament is law-making. Lok Sabha plays an important part here. It can pass bills
concerning the Union and Concurrent list. No bill can be made into law unless it has been passed by the
Parliament.

2. Executive powers and functions:

Executive powers are needed in the process of implementing acts and policies in Parliament. The
Parliament can remove the Cabinet out of power.

3. Financial powers and functions:

Parliament enjoys supreme authority in financial matters. It includes enactment of the budget, examining
the performance of government concerning financial spending through financial committees.

4. Judicial powers and functions:

It includes impeachment of the President for violation of the constitution, removal of judges of the supreme
and high court, removal of vice-president, and punishment of its members or outsiders for breach of
privileges.

5. Electoral powers and functions:

All Parliament members participate in the election of President and Vice-President. The members of Lok
Sabha elect its speaker and deputy speaker from among its members. The Rajya Sabha elects its Deputy
Chairman.

6. Constituent powers and functions:

Parliament is empowered to initiate a proposal for the amendment of the constitution. A bill for the
amendment initiated in either House of the Parliament.

4. State three types of emergency in India

India is a federal country of “its own kind”. It acquires unitary features during an Emergency. Due to this
reason, Dr B.R Ambedkar called the Indian Federal system as unique because it becomes entirely unitary
during an Emergency. During an Emergency, as Constitutional machinery fails, the system converts itself
into a unitary feature. The Emergency is a period of depression where all Fundamental Rights of a person is
taken away except article 20 and 21.

Types of Emergency

Part- XVIII of Indian Constitution deals with the Emergency provisions i.e. Articles 352 to 360. There are
three types of Emergencies mentioned in the Constitution.

1. Article 352 – National Emergency

2. Article 356 – President‟s Rule
3. Article 360 – Financial Emergency

1. National Emergency

Grounds for the proclamation of National Emergency are as follows:

 War
 When a country declares a formal war against India and there is a violent struggle using armed
forces, the President of India may impose National emergency.

 External Aggression
 When a country attacks another country without any formal declaration of war. It is a unilateral
attack by any country towards India. In such circumstances, the President of India may impose a
National emergency.

 Armed Rebellion
 Emergency due to the armed rebellion may be imposed by the President of India when a group of
people rebel against the present government which will lead to the destruction of lives and property.

2. State Emergency
Grounds for the Proclamation of the State Emergency are a failure in the Constitutional machinery
of the state. In this Emergency, when Governor of the state is satisfied that the State is not functioning in
accordance with the Constitutional provisions then he may write his report to the President of India. And
the President, if satisfied by the report, may impose the President‟s rule. After that, the President will
become the executive head of the state.

3. Financial Emergency
 Grounds for the Proclamation of the Financial Emergency are that when a state arises in the Country
which leads to a financial crisis in India, the President of India may impose emergency to tackle the
situation. In this situation, the Central Authority may reduce the budget or cut the budget given to the State,
salaries of the Government officials may be deducted.

5. Provisions relating to election commission

324. Superintendence, direction and control of elections to be vested in an Election Commission.

(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct
of, all elections to Parliament and to the Legislature of every State and of elections to the offices of
President and Vice-President held under this Constitution shall be vested in a Commission (referred to in
this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other
Election Commissioners, if any, as the President may from time to time fix and the appointment of the
Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law
made in that behalf by Parliament is made by the President.
(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as
the Chairman of the Election Commission.
Election Commissioner or a Regional Commissioner shall not be removed from office except on the
recommendation of the Chief Election Commissioner.
(6) The President, or the Governor of a State, shall, when so requested by the Election Commission, make
available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the
discharge of the functions conferred on the Election Commission

6. Intellectual Property can be defined as inventions of the mind, innovations, literary and artistic work,
symbols, names and images used in commerce. The objective of intellectual property protection is to
encourage the creativity of the human mind for the benefit of all and to ensure that the benefits arising from
exploiting a creation benefit the creator.

1. Patents
Patents are one of the most important types of IPR. It is defined as “A government authority or
licence conferring a right or title for a set period, especially the sole right to exclude others from making,
using, or selling an invention.” When individuals or organisations invent or come up with a new way of
doing something, they approach the patent office, give them details about the product or process, and get
protection for their `property‟ for a fee. This is justified because these individuals invest years and extensive
resources developing something, and would like to be compensated for their efforts. Patents act as an
incentive for inventing new products and processes and form an integral part of a culture of innovation and
growth. Patent protection is given only for a limited period, say 10 or 20 years.

2. Trademarks
Among the different types of intellectual property rights, the trademark holds an important position
as a unique identifier of a company or a product. It is representative of a brand/company‟s standing to
consumers– an assurance of a certain standard and quality. Intellectual property protection is vital for
trademarks because companies invest a lot of time and money to develop brands. The last thing they want is
some imposter selling products or services using their trademarks, deceiving consumers and leading to loss
of money and reputation. Trademarks can include names, logos and designs used in packaging or the
products themselves.

3. Copyright
You may come across the phrase `All Rights Reserved‟ while watching a movie, buying a book or a
DVD. This is just a way of protecting the contents of the movie, book or DVD, indicating that the copyright
is held by the publisher, and no one can copy or use the material in any form without their consent.
Copyright is granted to an original work – whether it‟s a movie, book, music, computer software or a
painting. There are two aspects to copyright – moral and economic. Moral rights give authors the power to
be identified as authors of a particular work and to object if it is presented in a distorted or mutilated form.
The economic right is more tangible and gives the author to control the use of his or her creation and reap
economic rewards from it.

4. Industrial Design
Industrial design is a production technique of a certain product or article. For example, a furniture
company could come up with a new way of making a sofa-cum-bed and may want to protect it from being
copied by someone else. In many countries, the industrial design must be registered to get protection under
industrial design law. In other countries, patents may as well do the trick.

5. Geographical Indication
Certain products are tied to a certain geographical location, and producers may want intellectual
property protection to ensure that products from other areas do not misuse this indicator. For instance,
Basmati rice has been registered under the Department of Commerce in India as a product with a
Geographical Indication. This tag is given only to this variety of rice grown in seven states in the foothills
of the Himalayas.

7. Kinds of writ under Art 32 of Indian constitution

A Writ is defined as the formal written order issued by the executive or judicial body which directs the
individual or authority either to do or refrain from doing a particular act.
The five types of writs issued in India are Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-
Warranto.

Whenever the fundamental rights of an individual are violated, the individual has the right to move to the
Supreme Court or the high court for appropriate proceedings for the enforcement of the Fundamental Right.

Type of Writs in Indian Constitution-

 Habeas corpus
 About: Latin meaning of the word Habeas corpus is „To have the body of.‟ This protects the
Fundamental Right of individual liberty against illegal detention.
 Reason for Issuing Habeas Corpus Writ: The Habeas Corpus writ is issued by Supreme Court/High
Court.
 Under Habeas Corpus Writ, SC/HCs orders one person who has arrested another person to bring the
body of the latter before the court.
 Scope of Habeas Corpus Writ: It can be issued by the SC/HCs against both private and public
authorities. Habeas Corpus Writs cannot be issued in the following situations-
 When detention is lawful
 When the proceeding is for contempt of a legislature or a court
 Detention is by a competent court
 Detention is outside the jurisdiction of the court.

Type of Writs in Indian Constitution- Mandamus Writ

 About: Mandamus means „We Command‟. The SC/HCs issue Mandamus writs to order the public
official who has failed to perform his duty or refused to do his duty.
 Mandamus Writ is issued by the courts to force public authorities to resume their work.
 Mandamus Writ is issued by courts to direct a public authority to do its duty.
 Scope of Mandamus Writ: Besides public officials, Mandamus can be issued against any public
body, a corporation, an inferior court, a tribunal, or government for the same purpose.
 Mandamus Writ cannot be issued against Private individuals (unlike Habeas Corpus).
 Mandamus Writ can‟t be issued in the following situations-
 For enforcing departmental instruction that does not possess statutory force
 For ordering someone to work when the kind of work is discretionary and not mandatory
 For enforcing a contractual obligation
 Mandamus writ can‟t be issued against the Indian President or State Governors
  Mandamus writ can‟t be issued against the Chief Justice of High Court acting in a judicial capacity.

Prohibition
 About: Prohibition simply means „To forbid.‟ Prohibition writ directs inactivity on the part of lower
judicial courts.
 Mandate of „Prohibition‟: It is issued by a higher court against a lower court to prevent the latter
from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
 Scope of Prohibition Writ: Prohibition writ can only be issued against judicial and quasi-judicial
authorities.
 Prohibition Writ can‟t be issued against administrative authorities, legislative bodies and private
individuals or bodies.

Type of Writs in Indian Constitution- Quo-Warranto

 About: Literal meaning of „Quo-Warranto‟ is „By what authority or warrant.‟ It reviews the actions
of the administrative authorities who make the appointments to the public offices.
 The court enquires into the legality of a claim of a person to a public office using the writ of „Quo-
Warranto‟.
 Grounds for issuing Quo-Warranto: This writ is issued by the court to public officials to enquire
about what authority they hold the public office.
Scope of Quo-Warranto Writ:
 The Writ of Quo-Warranto can be invoked only when the substantive public office of a permanent
character created by a statute or by the Constitution is involved.
 The Writ of Quo-Warranto is not available against the private or ministerial office.

Type of Writs in Indian Constitution-Certiorari

 About: Certiorari meaning is „To be certified‟ or „To be informed.‟ power of the higher court to
remove a proceeding from a lower court and bring it before itself. Grounds for issuing Certiorari
Writ:
The Writ of Certiorari is issued on the following grounds-
 An excess of jurisdiction or Lack of jurisdiction or an error of law.
 Mandate of Certiorari Writ: It is issued by a higher court (in authority) to a lower court or tribunal
ordering them- Either to transfer a case pending with them to itself or quash the order of the lower
court in a case.
 Scope of Certiorari Writ: Initially, Certiorari Writ was issued only against judicial and quasi-judicial
authorities but later its scope was extended to include even administrative authorities.
 Certiorari Writ cannot be issued against legislative bodies and private individuals or bodies.

8. Article 19 of the Constitution

Article 19 entails freedom of speech and expression.
It implies that every citizen has the right to express his views, opinions, beliefs and convictions freely by
word of mouth, writing, printing, picturing or in any other manner.
Article 19 guarantees to all citizens the six rights. These are:

 Right to freedom of speech and expression.

 Right to assemble peaceably and without arms.
 Right to form associations or unions or co-operative societies.
 Right to move freely throughout the territory of India.
 Right to reside and settle in any part of the territory of India.
 Right to practice any profession or to carry on any occupation, trade or business.

Restrictions on Freedom of Speech and Expression (Article 19(2)):

  The reasons for such restrictions are in the interests of: Security, Sovereignty and integrity of the
country, Friendly relations with foreign countries, Public order, Decency or morality, Hate
speech, Defamation, Contempt of court.
 SC Judgments Regarding Article 19:
 Right to Protest: While hearing the case of Shaheen Bagh protests, the SC declared that there is no
absolute right to protest, and it could be subjected to the orders of the authority regarding the place
and time.
 Truth and Hate Speech: In the context of discussing the limits of free speech and what may
tantamount to hate speech, the SC has recently held that “Historical truths must be depicted without
in any way disclosing or encouraging hatred or enmity between different classes or communities.”
 Internet as a Medium of Information Diffusion: While hearing the case of Internet shutdown in
Jammu and Kashmir, the SC refrained from the view on declaring the right to access the Internet as
a fundamental right but still went on to make the Internet as an integral part of the freedom of
expression guaranteed under Article 19(1) of the Constitution.
 Freedom of Press: Romesh Thappar v. State of Madras case 1950 was amongst the earliest cases to
be decided by the SC declaring freedom of press as a part of freedom of speech and expression.
 Right to Information: SC in Union of India v. Assn. For Democratic Reforms case 2002, held that
the freedom of 'speech and expression' comprises not only the right to express, publish and
propagate information, its circulation but also to receive information.
 Right to Expression beyond National Boundaries: In Maneka Gandhi vs. Union of India case
1978, the SC considered whether Article 19(1) (a) of Indian Constitution was confined to Indian
Territory and held that the freedom of speech and expression is not confined to National boundaries.
 Right to Silence: The SC in Bijoe Emmanuel v. State of Kerala 1986 held that the right not to speak
or Right to silence is also included in the Right to speech and expression.

9. Fundamental Duties of India Article

Fundamental Duties‟ are parts of the Indian Constitution that spell out the states‟ fundamental obligations
to its inhabitants, as well as the citizens‟ duties and rights to the state. These parts are regarded as essential
to the constitution, which was drafted by the Constituent Assembly of India between 1947 and 1949.
Fundamental Duties of India Article
The Fundamental Duties are described as all citizens‟ moral duties to contribute to the promotion of
patriotism and the preservation of India‟s unity. Individuals and the nation are both affected by the
obligations outlined in Part IV–A of the Constitution. They, like the Directive Principles, are not
enforceable by courts until legislative law makes them so.

Fundamental Duties of India List

 Abide by the Constitution and respect national flag & National Anthem
 Follow ideals of the freedom struggle
 Fundamental Duties Taken from Which Country
 Fundamental duties taken from the constitution of USSR (Russia).
 Protect sovereignty & integrity of India
 Defend the country and render national services when called upon
 Sprit of common brotherhood
 Preserve composite culture
 Preserve natural environment
 Develop scientific temper
 Safeguard public property
 Strive for excellence
 Duty of all parents/guardians to send their children in the age group of 6-14 years to school.

10. The preamble to the Indian Constitution

The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose,
principles and philosophy of the constitution. The preamble gives an idea about the following : (1) the
source of the constitution, (2) the nature of the Indian state (3) a statement of its objectives and (4) the date
of its adoption.
The phrase “We the people of India” emphasises that the constitution is made by and for the Indian people
and not given to them by any outside power.
Nature of Indian state
Sovereign: India is internally and externally sovereign – externally free from the control of any foreign
power and internally, it has a free government that is directly elected by the people and makes laws that
govern the people. No external power can dictate the government of India.
 Socialist: “Socialism” is an economic philosophy where means of production and distribution are
owned by the State. India adopted Mixed Economy, where apart from the state, there will be private
production too. Socialism as a social philosophy stresses more on societal equality.
 Secular: Features of secularism as envisaged in the Preamble is to mean that the state will have no
religion of its own and all persons will be equally entitled to the freedom of conscience and the right
freely to profess, practice and propagate the religion of their choice. (S R Bommai and Others v
Union of India, AIR 1994 SC 1918)
 Democratic: Indicates that the Constitution has established a form of government that gets its
authority from the will of the people. The rulers are elected by the people and are responsible to
them.
 Republic: As opposed to a monarchy, in which the head of state is appointed on the hereditary basis
for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the
head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by
an electoral college for a term of five years. The post of the President Of India is not hereditary.
Every citizen of India is eligible to become the President of the country.
 Objectives of Indian State
 Justice: Social, Economic and Political.
 Equality: of status and opportunity.
 Liberty: of thought, expression, belief, faith and worship
 Fraternity (=Brotherhood): assuring the dignity of the individual and the unity and integrity of the
nation.
 Date of its adoption
 The date of adoption of the Constitution is 26th November 1949. But most of the articles in the
Constitution came into force on January 26th, 1950. Those articles which came into existence on
26th November 1949 .

11. Salient Features of Indian Constitution India has a parliamentary democracy. There is a Council of
Ministers headed by the Prime Minister who enjoys the real powers and is responsible to the Parliament,
which is elected by the people by universal adult franchise. The Indian Constitution provides for
Fundamental Rights which are justiciable. There is a mention of the Fundamental Duties which have been
added to the Constitution later. India just has single citizenship. The Directive Principles of State Policy
give a concrete shape to the welfare state.

1. A Written Constitution: A written constitution is framed at a given time and comes into force on a
fixed date as a document. Our constitution was framed in 2 years, 11 months and 18 days, it was adopted on
26th November, 1949 and enforced on January 26, 1950.
2. Rigid and Flexibile: The Indian Constitution is a unique example of combination of rigidity and
flexibility.A constitution is called rigid or flexible on the basis of its amending procedure. In a rigid
constitution, amendment of the constitution is not easy like the constitutions of USA, Switzerland and
Australia are rigid constitutions. Whereas, the British Constitution is considered flexible because its
amendment procedure is easy and simple. The Constitution of India has three categories of amendments
ranging from simple to most difficult procedure depending on the nature of the amendment.
3. Federal Polity: India has a federal structure. In a federation there are two distinct levels of
governments. There is one government for the whole country which is called the Union or Central
Government and there is a government for each Unit or State.The USA is a federation whereas the
UK(Britain) has a unitary form of government where there is only one government for the whole country
and the power is centralised.The Constitution of India does not use the term „federal state‟ but calls India a
„Union of States‟. There is a proper distribution of powers between the Union/Central Government and the
State Governments in form of Union List, State List and the Concurrent List.
4. Quasi Federal: It means a federal set up where despite having two clear sets of government –
central and the states, more powers are given to the Central Government, supremacy of the judiciary is an
essential feature of a federation so that the constitution could be interpreted impartially.
5. Parliamentary Democracy: India has a parliamentary form of democracy.This has been adopted
from the British system. In a parliamentary democracy there is a close relationship between the legislature
and the executive. The Cabinet is selected from among the members of legislature. The cabinet is
responsible to the latter. In this form of democracy, the Head of the State is nominal so in India, the
President is the Head of the State. Constitutionally the President has numerous powers but in practice the
Council of Ministers headed by the PM, exercises these powers. The President has to act on the advice of
the Prime Minister and the Council of Ministers.
6. Fundamental Rights and Fundamental Duties: The Constitution of India guarantees Fundamental
rights. The Constitution provides for six Fundamental Rights which are justiciable and hence are protected
by the judiciary. Fundamental Duties were added to our Constitution by the 42nd Amendment. It lays down
a list of ten Fundamental Duties for all citizens of India. While the rights are given as guarantees to the
people, the duties are obligations which every citizen is expected to perform.
7. Directive Principles of State Policy: These have been adopted from the Irish Constitution,
included in our Constitution to ensure social and economic justice to our people. Directive Principles aim at
establishing a welfare state in India where there will be no concentration of wealth in the hands of a few.
8. Single Integrated Judicial System: India has a single integrated judicial system. The Supreme
Court is the apex court of the judicial system. Below it are the High Courts which control and supervise the
lower courts. The Indian judiciary is like a pyramid with the lower courts as the base, High Courts in the
middle and the Supreme Court at the top.
9. Independence of Judiciary: Indian judiciary is independent and impartial. It is free from the
influence of the executive as well as the legislature. Its judges are appointed on the basis of their
qualifications and cannot be removed easily neither can their terms of office be altered to their
disadvantage.
10. Single Citizenship: Usually in a federal state the citizens enjoys double citizenship like in the
USA. But in India there is only single citizenship which means that every Indian is a citizen of India,
irrespective of the place of his/her residence or place of birth. He/she is not a citizen of the Constituent
State like Rajasthan, Uttaranchal or Chattisgarh to which he/she may belong to. All the citizens of India can
secure employment anywhere in the country and enjoy all the rights equally in all the parts of the nation.
11. Universal Adult Franchise: Indian democracy functions on the basis of „one person one vote‟.
The Indian Constitution establishes political equality in India through the method of universal adult
franchise. Every citizen of India who is 18 years of age or above is entitled to vote in the elections
irrespective of caste, sex, race, religion or status.
12. Emergency Provisions: The Constitution makers expected that there could be situations when
the government could not be run in usual manner due to difficult circumstances. To cope with such
situations, the Constitution elaborated on emergency provisions. There are three types of emergency;
A) emergency caused by war, external aggression or armed rebellion;
B) emergency arising out of the failure of constitutional machinery in states; and
C) financial emergency
 Unit 3 chap 11

1) Explain the various Constitutional provisions for the protection of environment.

 Environment and Constitution of India:

The protect and improve the environment is a constitutional mandate. It is a commitment for a country
wedded to the ideas of a welfare State. The Indian Constitution contains specific provisions for
environment protection under the chapters of Directive Principles of State Policy and Fundamental
Duties. The absence of a specific provision in the Constitution recognizing the fundamental right to clean
and wholesome environment has been set off by judicial activism in the recent times.

 Articles 48-A and 51-A. Clause (g):

Initially, the Constitution of India had no direct provision for environmental protection. Global
consciousness for the protection of environment in the seventies, Stockholm Conference and increasing
awareness of the environmental crisis prompted the Indian Government to enact 42nd Amendment to the
Constitution in 1976. The Constitution was amended to introduce direct provisions for protection of
environment. This 42nd Amendment added Article 48-A to the Directive Principles of State Policy.

 Article49-A:
The Article states:
“The State shall endeavour to protect and improve the environment and to safeguard the forests and
wildlife of the country.”
The said amendment imposed a responsibility on every citizen in the form of Fundamental Duty.

 Article 51-A, Clause (g):

Article 51-A (g) which deals with Fundamental Duties of the citizens states:
“It shall be the duty of every citizen of India to protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have compassion for living creatures.” Thus, protection and
improvement of natural environment is the duty of the State (Article 48-A) and every citizen (Article 51-
A (g)).

 Article 253:
Article 253 states that „Parliament has power to make any law for the whole or any part of the country for
implementing any treaty, agreement or convention with any other country. In simple words this Article
suggests that in the wake of Stockholm Conference of 1972, Parliament has the power to legislate on all
matters linked to the preservation of natural environment. Parliament‟s use of Article 253 to enact Air
Act and Environment Act confirms this view. These Acts were enacted to implement the decisions
reached at Stockholm Conference
2) Discuss the various laws passed by the Indian Parliament for the protection of Environment.

In the Constitution of India it is clearly stated that it is the duty of the state to „protect and improve the
environment and to safeguard the forests and wildlife of the country‟. It imposes a duty on every citizen
„to protect and improve the natural environment including forests, lakes, rivers, and wildlife‟.

The constitutional provisions are backed by a number of laws – acts, rules, and notifications. The EPA
(Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and is considered
an umbrella legislation as it fills many gaps in the existing laws. Thereafter a large number of laws came
into existence as the problems began arising, for example, Handling and Management of Hazardous
Waste Rules in 1989.

Following is a list of the environmental legislations that have come into effect:
General
Forest and wildlife
Water
Air

General
 1986 - The Environment (Protection) Act authorizes the central government to protect and improve
environmental quality, control and reduce pollution from all sources, and prohibit or restrict the
setting and /or operation of any industrial facility on environmental grounds.
 1986 - The Environment (Protection) Rules lay down procedures for setting standards of emission or
discharge of environmental pollutants.

 1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the
generation, collection, treatment, import, storage, and handling of hazardous waste.

 1989 - The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this
context, and sets up an authority to inspect, once a year, the industrial activity connected with
hazardous chemicals and isolated storage facilities.

 1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/
Genetically Engineered Organisms or Cells Rules were introduced with a view to protect the
environment, nature, and health, in connection with the application of gene technology and
microorganisms.

 1991 - The Public Liability Insurance Act and Rules and Amendment, 1992 was drawn up to provide
for public liability insurance for the purpose of providing immediate relief to the persons affected by
accident while handling any hazardous substance.

 1995 - The National Environmental Tribunal Act has been created to award compensation for
damages to persons, property, and the environment arising from any activity involving hazardous
substances.

 1997 - The National Environment Appellate Authority Act has been created to hear appeals with
respect to restrictions of areas in which classes of industries etc. are carried out or prescribed subject
to certain safeguards under the EPA.
 1998 - The Biomedical waste (Management and Handling) Rules is a legal binding on the health care
institutions to streamline the process of proper handling of hospital waste such as segregation,
disposal, collection, and treatment.

 1999 - The Environment (Siting for Industrial Projects) Rules, 1999 lay down detailed provisions
relating to areas to be avoided for siting of industries, precautionary measures to be taken for site
selecting as also the aspects of environmental protection which should have been incorporated during
the implementation of the industrial development projects.

 2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000 apply to every
municipal authority responsible for the collection, segregation, storage, transportation, processing,
and disposal of municipal solid wastes.

 2000 - The Ozone Depleting Substances (Regulation and Control) Rules have been laid down for the
regulation of production and consumption of ozone depleting substances.

2001 - The Batteries (Management and Handling) Rules, 2001 rules shall apply to every
manufacturer, importer, re-conditioner, assembler, dealer, auctioneer, consumer, and bulk consumer
involved in the manufacture, processing, sale, purchase, and use of batteries or components so as to
regulate and ensure the environmentally safe disposal of used batteries.

 2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay down
such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or
public address systems during night hours (between 10:00 p.m. to 12:00 midnight) on or during any
cultural or religious festive occasion

 2002 - The Biological Diversity Act is an act to provide for the conservation of biological diversity,
sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use
of biological resources and knowledge associated with it

Forest and wildlife

 1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial statutes.
It was enacted to „consolidate the law related to forest, the transit of forest produce, and the duty
leviable on timber and other forest produce‟.

 1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of
birds and animals and for all matters that are connected to it whether it be their habitat or the
waterhole or the forests that sustain them.

 1980 - The Forest (Conservation) Act and Rules, 1981, provides for the protection of and the
conservation of the forests.
Water
 1882 - The Easement Act allows private rights to use a resource that is,
groundwater, by viewing itas an attachment to the land. It also states that all surface
water belongs to the state and is a state property.

 1897 - The Indian Fisheries Act establishes two sets of penal offences whereby the
government cansue any person who uses dynamite or other explosive substance in
any way (whether coastal or inland) with intent to catch or destroy any fish or
poisonous fish in order to kill.

 1956 - The River Boards Act enables the states to enroll the central government
in setting up anAdvisory River Board to resolve issues in inter-state cooperation.

 1970 - The Merchant Shipping Act aims to deal with waste arising from ships along
the coastal areaswithin a specified radius.

 1974 - The Water (Prevention and Control of Pollution) Act establishes an

institutional structure forpreventing and abating water pollution. It establishes
standards for water quality and effluent. Polluting industries must seek permission to
discharge waste into effluent bodies.

 1977 - The Water (Prevention and Control of Pollution) Cess Act provides for the levy
and collectionof cess or fees on water consuming industries and local authorities.

 1978 - The Water (Prevention and Control of Pollution) Cess Rules contains the
standard definitionsand indicate the kind of and location of meters that every
consumer of water is required to affix.

 1991 - The Coastal Regulation Zone Notification puts regulations on various

activities, includingconstruction, are regulated. It gives some protection to the
backwaters and estuaries.

Air
 1948 – The Factories Act and Amendment in 1987 was the first to express concern
for the workingenvironment of the workers. The amendment of 1987 has sharpened
its environmental focus and expanded its application to hazardous processes.

 1981 - The Air (Prevention and Control of Pollution) Act provides for the control
and abatement ofair pollution. It entrusts the power of enforcing this act to the
CPCB .

 1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of
the meetings ofthe Boards and the powers entrusted to them.

 1982 - The Atomic Energy Act deals with the radioactive waste.

 1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers
 the central andstate pollution control boards to meet with grave emergencies of air
pollution.

 1988 - The Motor Vehicles Act states that all hazardous waste is to be properly
packaged, labelled,and transported.