Answers 2023 of Constitution

B.A.LL.
B (5 Years) Constitutional Law - i

4th SEM ANSWERS Paper – iii Year: 2023
CRASH COURSE 2023

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B.A.LL.B (5 Years) Constitutional Law - i
Topic – 1, The Preamble: Importance and Utility
(Any 1-2, 16 – 32 marks total)
1) Discuss the various objectives enshrined in the
Preamble to the Constitution of India? (8)
“The Preamble has been called the political horoscope of

Indian Constitution.” - K.M. Munshi
Introduction:
Preamble, which basically sets out the goals, the principles
and the ideals for which our country stands; is also known as
summary, essence, preface or soul of the constitution. The
preamble of our Constitution is based on objective resolution;
drafted and moved by Pt. Jawaharlal Nehru on 13th December,
1946 and passed by the constituent assembly. It is termed as
introductory part, which contains the philosophy of the basic
structure of our constitution. The preamble is non-justiciable in
the court of law.
The Preamble to the Constitution of India lays down the basic
principles and objectives of the Constitution. It serves as an
introductory statement that outlines the aims and aspirations of
the people of India.
The various objectives enshrined in the Preamble are as
follows:
 Sovereign: This objective declares that India is a sovereign
nation, free from any external interference or control. It
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implies that India has the authority to govern itself and
make its own decisions.
 Socialist: The objective of socialism emphasizes the need
to achieve social and economic equality in society. It seeks
to reduce economic inequalities and promote social justice
through the equitable distribution of resources.
 Secular: The objective of secularism ensures the state's
impartiality towards all religions. It promotes religious
tolerance, allows individuals to freely follow and practice
their own religion, and prevents the state from favoring any
particular religion.
 Democratic: The objective of democracy highlights the
system of government in which power rests with the
people. It ensures that the government is elected by the
people, with representatives being chosen through free and
fair elections.
 Republic: The objective of a republic signifies that the
head of state is elected. It upholds the principle of a
representative government where elected officials hold
power, rather than a hereditary monarch.
 Justice: The objective of justice emphasizes the
importance of social, economic, and political justice in
society. It ensures equality before the law and the
promotion of fairness and justice in all aspects of life.
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In simple words, justice means behave fairly; as situation
demands. The term justice remains uncompleted without its
three elements, which are: social, political and economic
justice.
- Social Justice: Social justice means provide equal and fair
opportunities to develop the different sections of the
society, without any discrimination. The constitution aims
to build the society where no one can be exploited on any
grounds like: caste, creed, color, race, sex and religion. It
advocates for a welfare state.
- Political Justice: Political justice means equal and fair
opportunities to participate in political affairs and activities
of the country. It advocates for all political rights without
any discrimination. Political rights includes: right to vote,
right to fight elections, right to form any party or
organization, right to hold any government office etc.
- Economic Justice: Economic Justice means no
discrimination can be done by the people on the basis of
their wealth, income, and economic status. It stands for
distribution of wealth and resources of country, in a
proportional manner, so that all the citizens have at least
equal opportunity to earn their livelihood and can develop
themselves further.
 Liberty: The objective of liberty guarantees individual
freedom, which includes freedom of speech, expression,
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belief, and movement. It protects the fundamental rights of
citizens and ensures their personal and political freedoms.
 Equality: The objective of equality aims to eliminate all
forms of discrimination and promote equal opportunities
for all individuals. It prohibits discrimination based on
religion, race, caste, sex, or place of birth.
According to Laski, “equality does not mean the identity of
treatment or sameness of rewards. But implies:
- Absence of any special privilege and
- The adequate opportunities are laid open to all.
Our preamble talks about equality of status and equality of
opportunity:
 Equality of status is secured to the people of India by
abolishing all distinctions, titles, untouchability,
Discriminations by the state among citizens on the grounds
of race, caste, sex and religion.
 The equality of opportunity suggests that there should be
no discrimination on matters relating to employment or
appointment to any office under the state.
 Fraternity: The objective of fraternity promotes a sense of
unity and brotherhood among the citizens of India. It
emphasizes the need to foster a harmonious and inclusive
society where all individuals are treated with dignity and
respect.
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 Dignity of The Individual: The word dignity suggests that
the personality of each individual should be recognized and
should be respected. Without doing so, we cannot even
think to attain democracy as way of our life. Dignity of
individual in a nation is the dignity of the nation itself.
As well said by Dr. Ambedkar that:
"The principles of liberty, equality and fraternity are
not to be treated as separate items in a trinity. They form a
union of trinity in the sense that to divorce one from the other
is to defeat the very purpose of democracy. 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".
Conclusion:
These objectives together reflect the collective aspirations
of the Indian people and form the foundation of the Indian
Constitution. They guide the functioning of the government,
judiciary, and other institutions to achieve a just, inclusive, and
participatory society.
Is Preamble a part of the Constitution? Can Preamble be
amended? Explain (8)
Yes, the Preamble is an integral part of the Constitution of
India. It is not a mere introductory statement but has been
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recognized as the key to understanding the objectives and spirit
of the Constitution. The Preamble has been upheld by the
Supreme Court of India as a part of the Constitution in several
landmark judgments.
The constitution of India was framed by a Constituent
Assembly. This Assembly was an indirectly elected body. It had
laid down certain ideals to be included in the Constitution.
These ideals included commitment to democracy, guarantee to
all people of India- Justice, Equality and Freedom. It had also
proclaimed that India will be a Sovereign Democratic Republic.
The Constitution of India begins with a Preamble. The
Preamble contains the ideals, objectives and basic principles of
the Constitution. The salient features of the Constitution have
evolved directly and indirectly from these objectives which flow
from the Preamble.
However, unlike other provisions of the Constitution, the
Preamble cannot be amended. This was explicitly stated by the
Supreme Court in the Kesavananda Bharati case (1973). The
court held that although the Preamble can be used as a guide to
interpret the Constitution, it cannot be subjected to any
amendment that would alter its basic structure or fundamental
features.
The basic structure doctrine established in this case states
that there are certain essential features of the Constitution that
cannot be amended by the Parliament, even with a constitutional
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amendment. This doctrine provides safeguards against any
arbitrary changes to the core values and principles of the
Constitution. As the Preamble reflects the basic structure of the
Constitution, it enjoys special protection from amendments.
Therefore, the Preamble to the Constitution of India is
considered inviolable and immune from any direct amendment
by the Parliament. It remains a firm and unalterable statement of
the ideals and objectives of the Constitution.
History:
It is interesting to know that the Preamble, though the
Constitution opens with it, was not the first to come into
existence. It was the last piece of Drafting adopted by the
Constituent Assembly at the end of the first reading of the
Constitution and then seated in the beginning of the
Constitution. The motion to adopt the Preamble was moved on
17th October, 1949. Several amendments were suggested to the
Preamble but they all were negated. At the end, the President
moved the motion-
“That the Preamble stands part of the Constitution.” The
motion was adopted on November 2, 1946. The Preamble was
added to the Constitution.
One of the members of the Constituent Assembly (Pundit
Thakur Das Bhargav) rose to poetic heights when he said, "The
Preamble is the most precious part of the Constitution. It is the
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soul of the Constitution. It is a key to the Constitution. It is a
jewel set in the Constitution."
Preamble is an introductory statement, stating the aims and
objectives of the constitution. Accordingly, the preamble to the
Indian constitution spells out the basic philosophy contained in
the body of the Indian Constitution.
Reading through the Preamble, one can see the purpose that
it serves, namely, the declaration of
(1) the source of the constitution,
(2) a statement of its objectives and
(3) the date of its adoption.
The Preamble, in brief, explains the objectives of the
Constitution in two ways: one, about the structure of the
governance and the other, about the ideals to be achieved in
independent India. It is because of this, the Preamble is
considered to be the key of the Constitution.
Preamble as such is widely accepted as the quintessence or
soul and spirit of a constitution, as it embodies the fundamentals
and the basic of the constitution as well as the vision and
commitment of a newly liberated nation or people after its
passing through the inevitable birth pangs of national
independence from an oppressive and colonial regime.
The objectives, which are laid down in the Preamble,
are:
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 Description of Indian State as Sovereign, Socialist,
Secular, Democratic Republic. (Socialist, Secular
added by 42nd Amendment, 1976).
 Provision to all the citizens of India i.e.,
a) Justice social, economic and political
b) Liberty of thought, expression, belief, faith and worship
c) Equality of status and opportunity
d) Fraternity assuring dignity of the individual and unity and
integrity of the nation.
“We, the people of India”
It is the resolve of the people if India to constitute India into
Sovereign, Democratic, Republic. From the Preamble of the
Constitution it is clear that the framers attached importance to
the sovereignty of the people. The ideas reassert the sovereignty
and paramount of the people’s will over everything. The idea of
republic indicates the representative character of its sovereign
democracy. It means that the absolute power vested in the
people of India under the Constitution is to be exercised by them
through their duly elected representative in the various union
and states legislatures.
2) What is Preamble?
The Preamble of the Constitution of India is an introductory
statement that outlines the objectives and basic principles upon
which the Constitution is founded. It is a concise and profound
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declaration that reflects the collective will and aspirations of the
people of India.
The Preamble of the Constitution of India reads as
follows:
"We, the people of India, having solemnly resolved to
constitute India into a sovereign socialist secular democratic
republic and to secure to all its citizens:
- Justice, social, economic and political;
- Liberty of thought, expression, belief, faith, and worship;
- Equality of status and opportunity;
- and to promote among them all
- Fraternity assuring the dignity of the individual and the
unity and integrity of the Nation;
In our Constituent Assembly, this 26th day of November
1949, do hereby adopt, enact and give to ourselves this
Constitution."
The Preamble highlights the key objectives of the

Constitution, including sovereignty, socialism, secularism,
democracy, and republicanism. It further emphasizes the
principles of justice, liberty, equality, and fraternity, which are
crucial for the functioning of a just and inclusive society. The
Preamble represents the fundamental values and aspirations of
the Indian Constitution and sets the framework for the
democratic governance system in India.
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It is a part of the Constitution?
Yes, the Preamble is a part of the Constitution of India.
Although it is not enforceable in a court of law like other
provisions of the Constitution, it serves as an introductory and
guiding statement that gives context and purpose to the
Constitution.
The Preamble was drafted and adopted by the Constituent
Assembly of India on 26th November 1949. It sets out the aims
and objectives of the Constitution, reflecting the vision of the
framers and representing the aspirations of the people of India. It
serves as a moral and political guidepost, providing a foundation
for the interpretation and understanding of the Constitution.
While the Preamble is not legally enforceable, it has been
referred to and interpreted by the Supreme Court of India in
various landmark judgments. The court has held that the
Preamble can be used as a guide to understand the basic
structure and fundamental principles of the Constitution,
influencing decisions on constitutional matters.
Conclusion:
Though the Preamble is not a standalone enforceable
provision, it is an essential component of the Constitution that
expresses the values and principles upon which the Indian
Constitution is built. It lays the foundation for the interpretation
and application of the Constitution's provisions.
Can it be used for interpretation of the Constitution?
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The Constitution.....is a mere thing of wax in hands of the

Judiciary, which they may twist and shape into any form they
please. - Thomas Jefferson
Yes, the Preamble of the Constitution of India can be used
for the interpretation of the Constitution. The Supreme Court of
India has recognized the Preamble as a valuable aid in
understanding the intent and spirit behind the Constitution's
provisions.
The Preamble serves as a key to decode the foundational
principles and objectives of the Constitution. It provides a
guiding framework for the interpretation of the Constitution's
provisions, ensuring that they align with the broader goals and
aspirations of the Constitution.
The Preamble outlines the basic features of the
Constitution, such as the commitment to socialism, secularism,
democracy, and justice, along with the promotion of liberty,
equality, and fraternity. These principles are regarded as the
underlying values and guiding factors for the interpretation of
the Constitution's provisions.
The Supreme Court has held that the Preamble can be used
as a legitimate aid to interpret ambiguous or unclear provisions
of the Constitution. It has been referred to in various cases to
shed light on the intentions of the framers of the Constitution
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and to ensure that interpretations are in harmony with the spirit
of the Constitution.
However, it is important to note that the Preamble cannot
be used to override or modify explicit provisions of the
Constitution. It serves as an interpretive tool to understand the
Constitution's broad principles and objectives, but cannot be
used to alter or substitute specific provisions of the Constitution.
In conclusion, the Preamble plays an important role in the
interpretation of the Constitution, providing a broader context
and guiding principles to ensure that the Constitution's
provisions are understood and applied in a manner consistent
with its ideals.
Also explain its significance.

The Preamble of the Constitution of India holds
significant importance and serves multiple purposes:
 Reflects the aspirations of the people: The Preamble
represents the collective will and aspirations of the people
of India. It captures the values, goals, and principles that
the framers of the Constitution aimed to establish in the
new nation. It reflects the vision of a just, inclusive, and
democratic society.
 Guides interpretation of the Constitution: The Preamble
provides a key to interpret the Constitution's provisions. It
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helps in understanding the spirit and intent behind specific
articles and provisions of the Constitution. The Preamble
acts as a guiding tool for judges, lawyers, and policymakers
in ensuring that the interpretation of the Constitution aligns
with its fundamental objectives.
 Outlines basic structure and principles: The Preamble
sets out the basic structure and principles of the
Constitution. It declares India as a sovereign, socialist,
secular, and democratic republic, highlighting the
fundamental values and attributes of the state. It also
emphasizes justice, liberty, equality, and fraternity, which
guide the functioning of the state and its institutions.
 Serves as a benchmark for constitutional amendments:
The Preamble acts as a benchmark against which
constitutional amendments can be evaluated. Any
amendment that seeks to alter or dilute the fundamental
principles of the Preamble may be considered as violating
the basic structure of the Constitution, and hence may be
held invalid by the judiciary.
 Instills a sense of identity and belonging: The Preamble
fosters a sense of identity and belonging among the citizens
of India. It reaffirms the dignity of the individual and the
unity and integrity of the nation. The principles and values
enshrined in the Preamble reflect the diverse culture,
heritage, and aspirations of the Indian people.
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 Establishes the supremacy of the people: The Preamble
declares that the Constitution is enacted by "We, the people
of India." It emphasizes the democratic nature of the Indian
state and establishes that power rests with the people. It
reinforces the idea that the government is accountable to
the citizens and exists to serve their best interests.
 Outlines the Constitution’s Ideals And Philosophy: The
Preamble of the Constitution outlines the Constitution's
underlying ideals and philosophy, as well as the policy
goals and objectives that the founding authors of the
Constitution aimed for.
 Preamble And the Supreme Court: The Supreme Court
of India has emphasized the importance and utility of the
preamble in a number of rulings.
 Justice, Liberty, Equality& Fraternity as Goals: It states
that the constitution's goal is to provide justice, liberty,
equality, and fraternity to its citizens.
 Aids in Decoding Policies & Legislations: It's a kind of
primer on the statute, and it's often quite helpful in
decoding the policy and legislative meaning. It expresses
"what we'd been thinking or dreaming about for a long
time."
 Holds the Principles & Goals Required during the
British Rule: It encapsulates all of the principles and goals
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for which the country fought during the British Regime in a
solemn manner.
 People As the Source of the Constitution: It identifies the
people of India as the source of the constitution.
 Has an Enacting Clause: It contains the enacting clause,
which puts the constitution into effect.
 Has the Fundamental Liberties: It defines the
fundamental liberties that the Indian people sought to
safeguard for all citizens, as well as the basic style of
government and politics that was to be built.
 An Aid to the Supreme Court: It aids the supreme court
in determining whether a particular provision or piece of
legislation is consistent with the spirit of the constitution.
Conclusion:
The Preamble of the Indian Constitution holds immense
significance as a guiding document for the interpretation and
application of the Constitution's provisions. It encapsulates the
aspirations, values, and principles of the Indian nation and
serves as a constant reminder of the goals and ideals to be
pursued in building a just and inclusive society.
What purpose does the preamble serve? (2+4+4+6)
The Preamble of the Indian Constitution serves several
important purposes:
 Statement of objectives: The Preamble outlines the
objectives that the Constitution seeks to achieve. It reflects
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the core values and ideas that the framers of the
Constitution wanted to embody in the governance of the
nation. It declares India as a sovereign, socialist, secular,
and democratic republic, and highlights the principles of
justice, liberty, equality, and fraternity.
 Eeflects the collective will: The Preamble represents the
collective will and aspirations of the people of India. It
signifies that the Constitution is the result of the people's
desire to establish a just and inclusive society. It acts as a
reminder that the government and its institutions are
accountable to the people and must work for their welfare.
 Key to interpretation: The Preamble plays a crucial role
in interpreting the Constitution's provisions. It provides a
lens through which the Constitution is to be understood and
applied. It helps in discerning the essential principles and
values that underpin specific articles and provisions of the
Constitution. The Preamble serves as a guiding light for the
judiciary in interpreting laws and resolving constitutional
disputes.
 Constitutional vision: The Preamble sets forth the vision
of the framers of the Constitution for the nation. It
expresses their vision of a secular, socialist, and democratic
republic committed to justice, liberty, equality, and
fraternity. It serves as a benchmark against which the
actions of the government and its institutions can be
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evaluated, promoting accountability and ensuring
adherence to the constitutional vision.
 Symbol of unity: The Preamble serves as a unifying force
in the diverse society of India. It emphasizes the unity and
integrity of the nation, regardless of individual differences
in religion, language, caste, or region. The Preamble
reinforces the idea of a shared national identity and a
common purpose.
 Constitutional stability: The Preamble acts as a source of
stability and continuity in the Constitution. It provides a
foundation of fundamental principles that remain constant,
even as other parts of the Constitution may be amended or
modified. The Preamble's principles and values serve as a
check on arbitrary changes to the Constitution,
safeguarding the fundamental essence of the Indian
Constitution.
Conclusion:
The Preamble of the Indian Constitution serves as a guiding
document, reflecting the collective will, objectives, and
principles upon which the Constitution is based. It helps in the
interpretation of the Constitution, sets the constitutional vision
for the nation, promotes unity and stability, and acts as a moral
compass for the government and its institutions.
3) What is the nature and significance of Preamble to the
Constitution?
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The Preamble to the Constitution of India possesses both a
descriptive and an important significance.
Here is an explanation of its nature and significance:
Nature of Preamble:
 Descriptive: The Preamble provides a brief and concise
description of the Constitution and its underlying
principles. It sets out the goals, ideals, and basic features of
the Constitution, representing the collective vision of the
framers.
 Introductory: The Preamble serves as an introduction to
the Constitution, providing an overview of its intent and
purpose. It explains the fundamental values and objectives
that the Constitution seeks to uphold.
Significance of Preamble:
 Reflects the spirit of the Constitution: The Preamble
reflects the spirit and essence of the Constitution. It outlines
the guiding principles, aspirations, and values that the
Constitution seeks to promote and protect.
 Key to interpretation: The Preamble plays an important
role in interpreting the provisions of the Constitution. It
serves as a guide to understand the intent, goals, and
objectives of the framers, ensuring that the Constitution is
interpreted in a manner that aligns with its underlying
principles.
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 Check on constitutional amendments: The Preamble acts
as a check on constitutional amendments. It enshrines the
basic structure and fundamental principles of the
Constitution. Any amendment that seeks to threaten or
dilute these basic features can be challenged as violating
the spirit of the Constitution.
 Foundation of democracy: The Preamble is the
foundation of a democratic system in India. It declares
India to be a sovereign, socialist, secular, and democratic
republic, reflecting the commitment to democracy and the
right of the people to govern themselves.
 Expression of national identity: The Preamble represents
the collective aspirations and values of the Indian people. It
serves as an expression of the national identity,
emphasizing the unity and integrity of the nation regardless
of social, religious, or linguistic diversities.
 Moral guidance: The Preamble provides moral guidance
to the government, judiciary, and citizens. It reminds them
of the fundamental principles and values that must be
upheld in the functioning of the state. It acts as a moral
compass and sets the ethical framework for the functioning
of all stakeholders.
 Source of inspiration: The Preamble inspires and
motivates citizens to strive for the ideals and objectives
enshrined in it. It encourages people to work towards
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justice, equality, liberty, and fraternity, fostering a sense of
duty and responsibility towards the nation.
Conclusion:
The Preamble to the Constitution of India represents the
spirit, objectives, and fundamental principles of the Constitution.
It serves as a guide for interpretation, provides moral guidance,
reflects national identity, and acts as a source of inspiration for
the citizens and institutions of India.
Explain the terms "Sovereign", "Democratic", "Socialist"
and "Secular”. With reference to 42nd amendment to the
Constitution of India. (8+8)
Introduction:
The terms "Sovereign," "Democratic," "Socialist," and
"Secular" are crucial components of the Preamble to the
Constitution of India. The 42nd amendment to the Constitution
played a significant role in clarifying the interpretation and
scope of these terms.
Let's discuss each term and its implications:
 Sovereign: The term "Sovereign" means that India is a
nation with self-governing authority and is independent
from any external control or influence. It signifies that the
power to govern lies with the people of India. The 42nd
amendment added the word "Republic" after "Sovereign" to
reinforce that India is a republic where the head of state is
elected and holds a non-hereditary position.
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 Socialist: The term "Socialist" in the Preamble emphasizes
the objective of achieving social and economic equality in
society. It aims to address socio-economic disparities by
reducing inequalities and ensuring equitable distribution of
resources. The 42nd amendment added the word "Socialist"
to emphasize the commitment of the Indian state to
socialist principles.
 Democratic: The term "Democratic" signifies that India is
a system of government where the power is vested in the
hands of the people. It implies that the citizens of India
have the right to participate in decision-making processes
and elect their representatives through free and fair
elections. The 42nd amendment added the words
"Socialist" and "Secular" to reinforce the democratic fabric
of the Indian state.
 Secular: The term "Secular" in the Preamble implies that
the Indian state does not favor or promote any particular
religion. It guarantees religious freedom to all citizens and
ensures that religion does not interfere in state affairs, while
also recognizing the right of individuals to practice and
propagate their religion freely. The 42nd amendment added
the word "Secular" to explicitly state the secular character
of the Indian state.
Conclusion:
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The 42nd amendment, enacted in 1976, aimed to redefine
the interpretation of these terms and strengthen the socialist and
secular objectives of the Indian Constitution. However, some
aspects of the 42nd amendment, such as restrictions on
fundamental rights and concentration of power in the central
government, were seen as controversial and were subsequently
modified or repealed. Nonetheless, the original principles of the
terms "Sovereign," "Democratic," "Socialist," and "Secular"
remain fundamental to the Constitution of India.
Topic – 2, Fundamental Rights

(Any 2, 32 marks total)
1) Explain the term "State" under Article 12 of the
Constitution of India.
Introduction
Fundamental rights are a group of rights which are guaranteed
to all the citizens of the nation by the Constitution of India under
Part III. These rights apply universally to all citizens residing in
the nation, irrespective of their race, place of birth, religion,
caste or gender. They are recognized by law as rights requiring a
high degree of protection from the government and they cannot
be violated by the Government. Fundamental rights cannot be
enforceable against individuals and private entities. The
obligation of protecting these rights lies on the government or
the state or its authorities.
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Most of the Fundamental rights provided to the citizens are
claimed against the State and its instrumentalities and not
against the private bodies. Article 12 gives an extended
significance to the term ‘state’. It is very important to determine
what bodies fall under the definition of a state so as to determine
on whom the responsibility has to be placed.
Under Article 12 of the Constitution of India, the term "State"
has a specific meaning that extends beyond the traditional
understanding of institutions like the executive, legislature, and
judiciary. In the context of Article 12, "State" refers to various
entities or bodies with the authority to exercise governmental or
sovereign powers.
The framers of the Constitution used the words ‘the State’ in a
wider sense than what is understood in the ordinary or narrower
sense. It does not merely mean the states in the Union. The word
‘includes’ in the article shows that the definition is not
exhaustive and through judicial interpretations, the court has
widened the scope of the Article way beyond what even the
framers of Article 12 may have had in mind during the framing
of the constitution.
Meaning of State under Article 12
Article 12 of the Indian Constitution states that,
“Definition in this part, unless the context otherwise
requires, the State includes the Government and Parliament of
India and the Government and the Legislature of each of the
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States and all local or other authorities within the territory of
India or under the control of the Government of India.”
In other words, for the purposes of Part III of the

constitution, the state comprises of the following:
 Government and Parliament of India i.e the Executive
and Legislature of the Union
 Government and Legislature of each State i.e the
Executive and Legislature of the various States of India
 All local or other authorities within the territory of India
 All local and other authorities who are under the control
of the Government of India
These bodies include:
 Government and Parliament of the Union: The term
"State" includes the government and parliament at the
central level, which comprise the executive and legislative
branches respectively.
 Government and Legislature of the States: The term also
encompasses the government and legislature of each
individual state in India, including the executive and
legislative branches at the state level.
Government (Union and state), Parliament and State
Legislature
- Parliament: The parliament comprises of the President of
India, the lower house of the parliament that is the Lok
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Sabha as well as the upper house of the Parliament, that is
the Rajya Sabha.
- Executive: It is that organ which implements the laws
passed by the legislature and the policies of the
government. The rise of the welfare state has tremendously
increased the functions of the state, and in reality, of the
executive. In common usage, people tend to identify the
executive with the government. In contemporary times,
there has taken place
- A big increase in the power and role of the executive in
every state. The executive includes the President,
Governor, Cabinet Ministers, Police, bureaucrats, etc.
- Legislature: The legislature is that organ of the
government which enacts the laws of the government. It is
the agency which has the responsibility to formulate the
will of the state and vest it with legal authority and force. In
simple words, the legislature is that organ of the
government which formulates laws. Legislature enjoys a
very special and important in every democratic state. It is
the assembly of the elected representatives of the people
and represents national public opinion and power of the
people.
- Government: The law-making or legislative branch and
administrative or executive branch and law enforcement or
judicial branch and organizations of society. Lok Sabha
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(the lower house) and Rajya Sabha (the upper house) form
the legislative branch. Indian President is the head of the
state and exercises his or her power directly or through
officers subordinate to him. The Supreme Court, High
Courts, and many civil, criminal and family courts at the
district level form the Judiciary.
- State Legislature: The legislative body at the state level is
the State Legislature. It comprises of the state legislative
assembly and the state legislative council.
 Local Authorities: "State" includes various local
governing bodies like municipalities, panchayats, and other
bodies established under state legislation to govern local
areas or regions. These bodies, although local in nature,
exercise governmental or sovereign powers within their
respective jurisdictions.
- Before understanding what a local authority is, it is
important to define Authorities. According to Webster’s
Dictionary; “Authority” means a person or body exercising
power to command. When read under Article 12, the word
authority means the power to make laws (or orders,
regulations, bye-laws, notification etc.) which have the
force of law. It also includes the power to enforce those
laws.
- Local Authority: As per Section 3(31) of the General
Clauses Act, 1897,
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- “Local Authority shall mean a municipal committee,

district board, body of commissioner or other authority
legally entitled to or entrusted by the Government within
the control or management of a municipal or local fund.”
The term Local authority includes the following:
- Local government: According to Entry 5 of the List II of
VII Schedule ‘local government’ includes a municipal
corporation, improvement trust, district boards, mining
settlement authorities and other local authorities for the
purpose of local self-government or village administration.
- Village Panchayat: In the case of Ajit Singh v. State of
Punjab, it was held that within the meaning of the term
local authority, village panchayat is also included.
- Test to determine Local Authorities
- In Mohammad Yasin v. Town Area Committee, the
Supreme Court held that to be characterized as a ‘local
authority’ the authority concerned must;
- Have a separate legal existence as a corporate body
- Not be a mere government agency but must be legally an
independent entity
- Function in a defined area
- Be wholly or partly, directly or indirectly, elected by the
inhabitants of the area
- Enjoy a certain degree of autonomy (complete or partial)
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- Be entrusted by statute with such governmental functions
and duties as are usually entrusted to locally (like health,
education, water, town planning, markets, transportation,
etc.)
- Have the power to raise funds for the furtherance of its
activities and fulfilment of its objectives by levying taxes,
rates, charges or fees.
 Other Authorities: Additionally, "State" includes any
other authority established or owned by the central or state
government. This may include statutory corporations,
government companies, development authorities,
universities, and other similar bodies, if they are
significantly under governmental control or exercise
governmental functions.
In the University of Madras v. Shanta Bai, the Madras High
Court evolved the principle of ‘ejusdem generis’ i.e. of the like
nature. It means that only those authorities are covered under the
expression ‘other authorities’ which perform governmental or
sovereign functions. Further, it cannot include persons, natural
or juristic, for example, Unaided universities.
In the case of Ujjammabai v. the State of U.P., the court
rejected the above restrictive scope and held that the ‘ejusdem
generis’ rule could not be resorted to the in interpreting ‘other
authorities’. The bodies named under Article 12 have no
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common genus running through them and they cannot be placed
in one single category on any rational basis.
Lastly, In Rajasthan Electricity Board v. Mohan Lal, the
Supreme Court held that ‘other authorities’ would include all
authorities created by the constitution or statute on whom
powers are conferred by law. Such statutory authority need not
be engaged in performing government or sovereign functions.
The court emphasized that it is immaterial that the power
conferred on the body is of a commercial nature or not.
The term "State" under Article 12 is critical as it extends the
provisions and protections of fundamental rights to these
entities. If any of these bodies violate the fundamental rights of
individuals, they may be challenged in court under Article 32
(Supreme Court jurisdiction) or Article 226 (High Court
jurisdiction) of the Constitution.
The interpretation of the term "State" under Article 12 has been
subject to judicial interpretation, and the courts have adopted a
broad and expansive approach to ensure that entities exercising
governmental powers.
Conclusion:
The Constitution of India not only gives fundamental right
to the citizens but also imposes the duty on the state to ensure
that the fundamental rights are protected. The court through its
interpretations has widened the scope of the term State to
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include a variety of statutory and non-statutory bodies under its
umbrella.
The need to determine what falls within the meaning of state is,
to assign the party on whom the duty to implement such right is
placed upon. Not only that, the definition of state under Article
12 has several words which may not have definite meanings,
words such as local authorities, control of government, other
authorities, etc. and as seen in the above sections, the courts
have, through the course of their judgements, described the
extent of the article by laying down a test and discussing the
meaning of the terms.
Is "Judiciary" a "State" under Article 12? Give reasons for
your answer. (12+4)
The question relates to whether the term "Judiciary" falls
under the definition of "State" as mentioned in Article 12 of a
constitution. The interpretation of this term can vary depending
on the jurisdiction and the specific context in which it is being
used.
In general, Article 12 defines "State" for the purpose of
applying fundamental rights to include the government and its
instrumentalities. However, there is no universal consensus on
whether the term encompasses the Judiciary.
In India, for example, the Supreme Court in the case of
Rajasthan State Electricity Board v. Mohan Lal held that the
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Judiciary is not included within the definition of "State"
under Article 12 of the Indian Constitution. The court reasoned
that the inclusion of the Judiciary within the ambit of "State"
would infringe upon the basic structure of the Constitution.
On the contrary,
In the case of Naresh Kumar Mangal v. State of
Rajasthan, a division bench of the Rajasthan High Court held
that the Judiciary is included within the definition of "State"
under Article 12. The court observed that the Judiciary exercises
sovereign functions and performs public duties, thereby making
it instrumental in the administration of justice and governance.
Similarly, in the United States, the Supreme Court in the
case of M'Naghten v. Massachusetts (1982) held that the
Judiciary is not considered a "State" for the purpose of claims
under 42 U.S.C. § 1983.
The court reasoned that including the Judiciary under the
definition of "State" would compromise the independence and
impartiality of the Judiciary.
In conclusion, the inclusion of the Judiciary as a "State" under
Article 12 of a constitution can vary depending on the
jurisdiction and specific case laws. Some courts have excluded
the Judiciary, while others have included it, considering factors
such as the functions and independence of the Judiciary.
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2) No person shall be deprive of life or personal liberty
except according to procedure establish by law. Explain
with judicial pronouncements. (16)
The provision you mentioned, "No person shall be deprived
of life or personal liberty except according to procedure
established by law," is a fundamental right that is enshrined in
various constitutions, including the Indian Constitution under
While defining this Article, Justice P.N Bhagwati stated that
“Article 21 is an embodiment of constitutional values in a
democratic society. It is the basis on which our society can
progress in the right direction.”
Article 21 appears to be a negative right. A person thus can be
deprived of his life and personal liberty according to the
procedure established by the law. Article 21 of the Constitution
is written in negative language but by a process of creative and
innovative interpretation, today Article 21 has become the
source of many positive rights by extraordinary interpretation of
the expression of life, personal liberty, and procedure
established by law occurring in Article 21.
However, it is important to note that Article 21 only comes
into play when a person is deprived of his ‘life or ‘personal
liberty’ by the ‘State’ as defined in Article 12. So, violation of
the fundamental right by private individuals will fall outside the
purview of Article 21.
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Article 21 and the United States Constitution under the Due
Process clause of the Fourteenth Amendment.
This provision ensures that no person can be arbitrarily deprived
of their life or personal liberty and that any deprivation must be
done through a lawful and fair process. Courts have interpreted
and applied this provision through various judicial
pronouncements and case laws.
The Meaning Of The Term “Person”:
As per this Article, the definition of a person is not
confined only to citizens but extends to every person regardless
of nationality or the circumstances in which a person is placed.
It is important to note that article 21 applies to both the citizens
as well as foreigners. Further, protection is guaranteed under Art
21 extends even to persons who are undergoing imprisonment in
jails.
The Meaning Of The Term “Deprived”:
Art 21 comes into the picture only when there is
deprivation of life or personal liability of a person. The literal
meaning of the term “deprived” is to take away someone’s legal
right.
The definition of Deprive came into consideration in the famous
case of Gopalan v. State of Madras. (AIR 1950 SC 27). The
Hon’ble Supreme court held that Art 21 gets attracted only in
case of deprivation in the sense of ‘total losses and that the said
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article had no application in case of restriction upon the right to
move freely.
Article 21 of the constitution guarantees two kinds of rights,
namely –
- Right To Life
The creator of the constitution of India made article 21 and
put the line Right to life under the article which means every
person has the right to live his or her life without any
restrictions. The Supreme Court has recognized and enforced
various socio-economic rights such as the right to food, health,
education, and means of livelihood, etc. by integrating non-
enforceable DPSP into enforceable fundamental rights.
Undoubtedly, The right to life is fundamental to all the rights
available to a human being. We must have basic life and only on
that basis, we can enjoy our other rights provided under part III
of the constitution. If this right is taken away, all the others will
lose their significance. The primary thing is that we should be
alive to enjoy the rights and freedom available to us.
Life’ in Article 21 doesn’t merely mean the physical act of
breathing or mere animal existence. It has a much wider scope
including the right to live with human dignity, Right to
livelihood, Right to health, Right to pollution-free air, etc.
This right makes a man’s life meaningful, complete, and worth
living. Thus, the bare necessities, minimum and basic
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requirements for a person from the core concept of the right to
life.
In Kharak Singh v. State of Uttar Pradesh, the Hon’ble
Supreme Court of India held that the term ‘life’ is something
more than mere animal existence. The inhibition against its
deprivation extends to all those limbs and faculties by which life
is enjoyed. The provision restricts the mutilation of the body by
amputation of an armoured leg or the pulling out of an eye, or
the destruction of any other organ of the body through which the
soul communicates with the outer world.
In Sunil Batra v. Delhi Administration, It was observed
that the right to life include the right to lead a healthy life
wherein one can enjoy all faculties of the human body in their
prime conditions. This right would even include the right to
protect one’s tradition, culture and heritage. It would even
extend to live and sleep in peace and the Right to repose and
health.
Bandhua Mukti Morcha v Union of India (1984)
The right to live with human respectability freed from abuse gets
its life breath from the given guidelines of State technique, for
instance, restorative administrations, enlightening workplaces,
other cognizant conditions of work, and maternity mitigation.
- Right To Personal Liberty
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The liberty of the person is one of the oldest principles
which was recognised at the time of growth of mankind. It is a
part of the Magna Karta.
In India, the concept of ‘liberty’ has been accorded a very
far fledge interpretation. In a catena of judgements, the Supreme
Court of India has rejected the view that liberty talks merely
freedom from bodily restraint, but held that it includes those
rights and privileges that have been recognised as being integral
to the orderly pursuit of happiness by free men.
- In its widest amplitude include rights like Right to travel
abroad, Right of a prisoner to Speedy trail (Hussainara
Khatoon v. Home Secretary)
- The SC has interpreted the word “Life” and “Liberty”
liberally.
- Article 21 is now being invoked almost as residuary rights.
- It has led to many directive principles being enforced as
FRs.
- Procedure Established By Law
 A reading of Art 21 shows that a person may be deprived of
his life or personal liberty only by the procedure
established by law.
The most celebrated judgment under Art 21 is Maneka Gandhi
v. UOI.
 However, one must look at the journey 1950-1978, where
Art 21 was at its weakest phase.
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A.K. Gopalan v. State of Madras (1950)
 Gopalan, a communist leader, was detained under the
Preventive Detention Act, 1950.
 He challenged the validity of his detention, on the ground
that it was violative of his right to freedom of movement
under Art 19(1) (d) which is the very essence of personal
liberty.
 It was argued that Art 19(1) (d) and Art 21 should be read
together because Art 19(1) dealt with substantive rights and
Article 21 with procedural rights.
 He said that the procedure was not reasonable fair and just.
His claim was based upon the American notion of due
process. In the U.S. system, no person shall be deprived of
his life and personal liberty and property without due
process of law.
 Due Process of Law v. Procedure established by Law
 The V Amendment to the US Constitution says, inter alia,
that “no person shall be deprived of his life, liberty or
property, without due process of law”. This provision is the
source of judicial review. The word “due means” just,
proper, reasonable according to judicial review.
 The procedure established by law is taken from article 31
of the Japanese Constitution.
 The term ‘due’ signifies just, fair and reasonable and the
term ‘process’ signifies the ‘procedure’. There are two
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kinds of the due process i.e. 1) substantive due process and
2) procedural due process.
 When one questions the law that lays down a certain
procedure on the standards of just, fair and reasonable then
one is talking about substantive due process.
 On the other hand when one is making a specific reference
to the procedure not considering the law that laid it, one is
referring to procedural due process.
 He invited the Indian SC to follow the American notion of
due process which includes the principle of natural justice.
 But the founding fathers never intended to follow their
notion of due process and therefore it was held in the case
that 21 protect against the ‘executive action’ and not
against the legislature.
 Held-
 “Personal Liberty” in art 21 means nothing more than the
liberty of the physical body, ie. Freedom from arrest
(punishment) and detention without the authority of law
 “Law” meant “state made laws” and rejected the plea of the
Principle of Natural Justice.
 Rejected the contention that ‘procedure established by law’
did not mean ‘due process of law’ as understood in the
American Constitution. (American constitution covers both
substantive and procedural law.
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 ‘Personal liberty’ under Art. 21 mean only “freedom from
arbitrary arrest”. Since the arrest was made under the
procedure established by preventive detention laws, thus, it
is not an arbitrary arrest and thereby not violative of Art.
21.
 The court refrained from reading articles 19 and 21
together. According to the court, article 19 could only be
invoked by a free person and not one under arrest (article
19 covered a distinct and separate ground).
Khonak Singh v. State of UP(1963)
 UP Police Regulations provided for Domiciliary Visits. The
police had the power to go to the house of the history
sheeters, suspects, and could conduct surveillance about
movement, picketing, whereabouts.
 This was challenged as violating Article 21 of the Indian
constitution on ‘personal liberty.
 The SC, in this case, expanded the meaning unlike in the
case of Gopalan, which was just a casual remark on
personal liberty.
Maneka Gandhi v. UOI (1978)
 The petitioner’s passport was impounded by the Central
Govt under Sec. 10(3) (c) of the Passport Act, 1967.
 The GoI declined in the interest of the general public to
furnish the reasons for its decision.
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 The pet challenged the validity of the said order and
claimed it to be violative of Art 21 since it did not follow
the procedure established by law.
 Challenged under Art 14 as conferring an arbitrary power
since it didn’t provide a hearing of the holder of the
passport.
 Violative of Art 19(1) (a) and (g) since it permitted the
imposition of restrictions was not provided in cl (2) or (6)
of Art 19.
 Held
 The court overruled the narrow view of ‘personal liberty as
given in Gopalan.
 It was held that. A. 14 (reasonable classification), A. 19
(reasonable restrictions) and A. 21 (procedure established
by law) were interrelated.
 The judgment proved to be a landmark in the sense that it
introduced procedural due process by reading out A. 21
with the other two articles i.e. it laid the foundation of
procedural fairness.
 If a law deprives an individual of his life and personal
liberty then it must satisfy the test of ‘reasonableness’
under A. 14 and A. 19.
 The procedure must be fair, just and reasonable and not
oppressive or arbitrary.
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 Impounding her passport without giving her a hearing is
not according to ‘procedure established by law’. By giving
such a wider interpretation of the expression, the court
almost equated the expression to the U.S. notion of ‘due
process of law’.
Conclusion:
In India, the Supreme Court has played a significant role in
expanding and protecting the right to life and personal liberty. In
the landmark case of Maneka Gandhi v. Union of India, the
court held that the procedure established by law must be just,
fair, and reasonable. It ruled that any law or action leading to
deprivation of life or personal liberty must satisfy the test of
reasonableness and conform to the principles of natural justice.
This expanded the scope of Article 21 to include principles of
fundamental fairness.
Furthermore, in the case of Sunil Batra v. Delhi
Administration, the Supreme Court held that the right to life and
personal liberty includes the right to live with human dignity. It
emphasized that prisoners also have basic human rights and
cannot be subjected to torture or inhuman treatment.
Similarly, in the United States, the provision you mentioned is
protected under the Due Process clause of the Fourteenth
Amendment. The Supreme Court has interpreted and applied
this clause through several notable decisions.
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For instance, in the case of Roe v. Wade, the court held that
a woman has a constitutional right to privacy in making
decisions about abortion, as it is a fundamental aspect of
personal liberty protected by the Due Process clause.
Additionally, in the case of Griswold v. Connecticut, the
Supreme Court recognized a right to privacy, even though it is
not explicitly mentioned in the Constitution. The court held that
personal decisions regarding contraception and family planning
are protected under the right to privacy, which is an integral part
of personal liberty under the Due Process clause.
In conclusion, the provision protecting individuals from being
deprived of life or personal liberty except according to
procedure established by law has been given broad
interpretations by courts.
These interpretations, as reflected in case laws such as
Maneka Gandhi v. Union of India in India and Roe v. Wade in
the United States, emphasize the importance of fair and
reasonable procedures and the protection of fundamental rights
in matters involving life and personal liberty.
3) Discuss the implication of the expression 'equality
before the law' and 'equal protection of the laws' as
incorporated in Article 14 of the Constitution of India.?
Introduction:
A fair and just system of judiciary is a characteristic of every
modern democratic state. In such a state, the law of the land
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must be enforced in a manner that puts all citizens on the same
footing. If the law favors any citizen on any unreasonable
ground such as class, status, gender, etc., the law is unfair and
fails to perform its purpose, which is to uphold justice. Every
subject of a state must be considered an equal before law and no
subject must be treated with some special consideration on an
unreasonable ground such as gender, race, class, religion, etc.
This concept can be summed up in the phrases “equality before
law” and “equal protection of law”.
This idea forms a core part of the concept of rule of law
according to A.V. Dicey, “The phrases ‘equality before law’
and ‘equal protection of law’ can be found in Article 14 of the
Indian Constitution, which ensures every citizen that they shall
not be discriminated against in any application or enforcement
of law on any unreasonable ground. It is also provided in
Article 7 of the Universal Declaration of Human Rights.”
Article 14 of the Constitution of India guarantees the right to
equality before the law and equal protection of the laws. This
provision is fundamental to the Indian Constitution and plays a
vital role in promoting justice, fairness, and non-discrimination.
The implications of these expressions are as follows:
Equality before the law:
This concept ensures that the law treats all individuals
equally, regardless of their status, caste, religion, gender, or any
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other characteristic. It prevents arbitrary discrimination and
establishes a level playing field for all citizens.
One important implication of equality before the law is that
it prohibits any special privileges or exemptions that certain
individuals or groups might have. The law must apply uniformly
to all without any discrimination.
Article 14 of the Indian Constitution guarantees that no
person shall be denied the right to equality before law or the
equal protection of law in the territory of India. This is a right
that can be claimed by any person, whether a citizen or a non-
citizen, on Indian soil. Here, we can find that Article 14
comprises two expressions, which are ‘equality before law’ and
‘equal protection of law’. The first expression ‘equality before
law’ is borrowed from the English common law. The expression
‘equal protection of law’ is borrowed from the Constitution of
the United States of America. Section 4 of the 14th Amendment
to the American Constitution states that no person shall be
denied the equal protection of law by any state within its
jurisdiction. Additionally, the concept of equality of law forms a
part of the concept of equality of status as laid down in the
preamble of the Indian Constitution. As quoted by Justice
Bhagwati in Maneka Gandhi v. the Union of India (1978),
equality is a dynamic concept that cannot be limited to our
traditional understanding and knowledge. Article 14 curbs the
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arbitrariness of state actions and ensures that there is justice and
equality in the treatment of all subjects.
This principle was emphasized in the case of Ramkrishna
Dalmia v. Justice Tendolkar, where the Supreme Court held
that equal protection of the laws implies equal subjection to the
law.
Meaning of ‘equality before law’
According to Dr. Jennings, the concept of equality before
law simply means that law must be enforced and administered
equally among those who are equals. The right to sue and to be
sued for the same action must be the same for all subjects of the
age of majority and maturity without any distinction on the
grounds of race, religion, caste, social status, wealth, influence,
etc. Article 14 guarantees similarity of treatment and not
identical treatment through the phrase ‘equality of law’. It
simply means that there is an absence of special privilege on the
basis of birth or class or any such grounds that favours any
subject. It also implies that everyone shall be subjected to the
same jurisdiction.
Equal protection of the laws: This concept ensures that the law
is applied equally to all individuals in similar circumstances. It
prohibits any discriminatory treatment by the state or its
agencies. It means the law must not only be equal in its content
but also in its administration and enforcement.
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The concept of equal protection of the laws prohibits both
legislative and executive actions that discriminate on arbitrary
grounds. It requires the state to treat all similarly situated
individuals or groups similarly. The Supreme Court has
consistently held that the equal protection clause allows for
reasonable classification based on intelligible differentia and
rational nexus to the objective sought to be achieved.
Exceptions to equality before law
However, this concept is not absolute as it has several
exceptions.
Some of these exceptions are laid out in Article 361 of
the Indian Constitution, which are the following:
- The President or a Governor of any state is not answerable
to any Court for the exercise of their duties or powers.
- The President or a Governor of a state shall be immune
from having any criminal proceedings instituted against
them.
- No Court shall issue a process for arrest or imprisonment to
the President or the Governor of a state during their term.
- No civil proceedings in which relief is claimed can be
initiated against the President or the Governor of a state
during their term without giving a prior notice of 2 months.
- Additionally, as per Article 361 A, no member of
Parliament or State Legislature is obliged to appear before
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the Court in any case of criminal or civil while the session
is ongoing.
- As per Articles 105 and 194, no member of Parliament or
State Legislature is answerable to any court for the
speeches, opinions or votes given in the House.
- Additionally, foreign sovereigns, diplomates, and
ambassadors cannot have any civil or criminal proceedings
instituted against them. This is something that is accepted
on a global level.
- Some of these exceptions are laid out in Article 361 of the
Indian Constitution, which are the following:
- The President or a Governor of any state is not answerable
to any Court for the exercise of their duties or powers.
- The President or a Governor of a state shall be immune
from having any criminal proceedings instituted against
them.
- No Court shall issue a process for arrest or imprisonment to
the President or the Governor of a state during their term.
- No civil proceedings in which relief is claimed can be
initiated against the President or the Governor of a state
during their term without giving a prior notice of 2 months.
- Additionally, as per Article 361 A, no member of
Parliament or State Legislature is obliged to appear before
the Court in any case of criminal or civil while the session
is ongoing.
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- As per Articles 105 and 194, no member of Parliament or
State Legislature is answerable to any court for the
speeches, opinions or votes given in the House.
- Additionally, foreign sovereigns, diplomates, and
ambassadors cannot have any civil or criminal proceedings
instituted against them. This is something that is accepted
on a global level.
The implications of equal protection of the laws include:
Meaning of ‘equal protection of law’
The expression ‘equal protection of law’ is a positive one
unlike ‘equality before law’. It simply means that all persons in
similar circumstances shall be given the same rights and
liabilities. It essentially means that equals are to be treated
equally and there must be no discrimination amongst them.
Equals and unequals cannot be put in the same footing and be
treated without discrimination.
- Prohibition of discrimination: The state cannot enact or
apply laws that discriminate against individuals or groups based
on arbitrary factors such as religion, caste, gender, etc. The state
must ensure that its actions are non-discriminatory and promote
equal treatment under the law.
- Reasonable classification: The state is allowed to make
reasonable classification based on intelligible differentia.
However, the classification must have a rational nexus with the
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objective of the law and not result in unfair or arbitrary
discrimination.
- Preventing arbitrary state action: The principle of equal
protection of the laws restrains the state from exercising
arbitrary power or making discriminatory decisions in its
actions. It ensures that individuals are not deprived of their
rights or subjected to unfair treatment by the state or its
agencies.
Overall, the expressions 'equality before the law' and 'equal
protection of the laws' incorporated in Article 14 of the Indian
Constitution uphold the principles of fairness, non-
discrimination, and justice. They provide a foundation for
ensuring that all individuals are treated equally and that the state
acts in a just manner. These principles are vital in promoting a
democratic and inclusive society.
Conclusion
The expressions ‘equality before law’ and ‘equal protection
of law’ are found in Article 14 of the Indian Constitution. The
concepts of equality before law and equal protection of law are
slightly different. However, the latter forms a part of the former.
Wherever there is no equal protection of law, there is no equality
before law. It is also noteworthy that this concept is not absolute
as we can only apply it among those who are equal and not
among the unequals. The Constitution also permits the State to
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enact laws that apply to only certain classes of people for
achieving certain reasonable objects.
What is meant by 'reasonable classification'? Explain with
the help pf case laws. (10+6)
The word ‘class’ means a homogenous group of people
who are grouped together because they share some
characteristics. Though Article 14 does not allow any legislation
that provides for a classification, sometimes it is permissible for
reasonable objects.
- The classification must not be arbitrary. There has to be
some rational or substantial reasoning behind the
distinction drawn between the people who fall into the class
and the people who do not.
- There has to be some rational object behind the
classification that the legislation seeks to achieve. The
classification can be on the basis of various factors like
geography, age, or occupation. It is only required for the
object of the legislation to match with the classification.
The principle of "reasonable classification" refers to the
concept that the state is allowed to classify individuals or groups
into different categories for the purpose of legislation or
administration. However, this classification should be based on
intelligible differentia and should have a rational nexus to the
objective that the law seeks to achieve. The reasonable
classification test is used by courts to determine whether the
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classification is justified under Article 14 of the Indian
Constitution, which guarantees the right to equality before the
law and equal protection of the laws.
Several landmark cases have helped shape and define the
concept of reasonable classification under Article 14.
Here are a few examples:
 State of West Bengal v. Anwar Ali Sarkar (1952): In this
case, the Supreme Court held that the classification must be
based on an intelligible differentia that distinguishes
persons or things grouped together from others. The
differentia must have a rational nexus to the object sought
to be achieved by the law in question.
 Kedar Nath Bajoria v. State of West Bengal (1953): The
Supreme Court ruled that reasonable classification should
be based on substantial differences between the individuals
or groups. It stated that classification cannot be arbitrary
and must have a just and reasonable relation to the purpose
of the law.
 R.K. Garg v. Union of India (1981): In this case, the
Supreme Court held that a classification would be
considered reasonable if it is based on intelligible
differentia and has a rational nexus to the objective of the
law. Moreover, the classification should not be excessive or
disproportionate to the purpose sought to be achieved.
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 Ram Krishna Dalmia v. Justice Tendulkar (1959): The
Supreme Court reiterated that equal protection of the laws
implies equal subjection to the law. It held that laws must
be applied equally to all individuals falling within a
particular class or category.
 State of West Bengal v. Committee for Protection of
Democratic Rights (2010): In this case, the Supreme Court
emphasized that the objective of a classification must be to
achieve a legitimate state aim. Moreover, the classification
should not be arbitrary, artificial, or evasive. It must be
founded on an intelligible differentia and must have a
rational nexus to the objective of the law.
These cases and others have established the principle of
reasonable classification. They emphasize that the classification
must have an intelligible and rational basis, and it must not be
arbitrary, excessive, or disproportionate. They ensure that the
state does not discriminate unfairly while allowing for justifiable
differentiation based on relevant factors.
Topic – 3, Directive Principles : Its relation with

Fundamental Rights
1) What do you understand by Directive Principle of State
Policy?
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According to Dr B R Ambedkar, these principles are ‘novel
features’ of the Constitution. DPSP acts as a guideline for the
state and should be taken into consideration while coming up
with some new policy or any law. But no one can compel the
State to consider and follow all that which is mentioned in
DPSP, as DPSP is not justiciable.
The Directive Principles of State Policy (DPSP) are a set of
guidelines and principles provided in Part IV (Articles 36-51) of
the Constitution of India. Unlike fundamental rights, which are
justiciable and enforceable in a court of law, the DPSPs are non-
justiciable and not enforceable by any court. They serve as
moral and political directives to the state and government to
shape policies and laws to achieve certain socio-economic
objectives and improve the welfare of the people.
The DPSPs lay down the framework for social, economic, and
political governance in India. They aim to establish a welfare
state and create conditions for the promotion of social justice,
equality, and sustainable development. Some of the key areas
covered by the DPSPs include education, health, social security,
agriculture, labor rights, and the protection of the environment.
The DPSPs provide a roadmap for the government to
implement measures for the equitable distribution of wealth, the
elimination of poverty, and the promotion of the well-being of
all citizens. They emphasize the importance of social justice and
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the protection of vulnerable sections of society, including
women, children, and marginalized communities.
The principles laid out in the DPSPs are not binding
obligations but serve as guiding principles for policy-making.
However, over time, many of the DPSPs have been
implemented through legislation and policies, giving them
practical significance. The Supreme Court has also regarded
these principles as fundamental to the interpretation and
understanding of the Constitution.
While the DPSPs are not enforceable directly, they act as a
moral and political force exerted on the government to strive
towards achieving these objectives. The courts may consider the
DPSPs while interpreting laws and may encourage the
government to take steps to fulfill these principles.
Directive Principles of State Policy: Meaning
The Directive Principles of State Policy (DPSP) has been
taken from the Irish constitution and enumerated in Part IV of
the Indian Constitution.
The concept behind the DPSP is to create a ‘Welfare State’. In
other words, the motive behind the inclusion of DPSP is not
establishing political democracy rather, it’s about establishing
social and economic democracy in the state. These are some
basic principles or instructions or guidelines for the government
while formulating laws/policies of the country and in executing
them.
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Overall, the Directive Principles of State Policy give a
framework for the government to work towards creating a just
and inclusive society, although their non-justiciability limits
their direct enforcement.
Part IV of the Indian Constitution
Part 4 of the Indian Constitution consists of all the DPSP
(Directive Principles of State Policy).
It covers the Articles from 36 to 51.
Article 36 of Part IV defines the term “State” as the one,
who has to keep in mind all the DPSP before formulating any
policy or law for the country. The definition of “State” in the
part IV will be the same as that of Part III, unless the context
otherwise requires a change in it. In Article 37 the nature of
DPSP has been defined. DPSPs are non-justiciable.
Article 38 to 51 contains all the different DPSP’s.
Sources
 The DPSP of the Indian Constitution was inspired by the
Irish Constitution which took these details from Spain.
 Some Instruments of Instructions, which also became the
immediate source of DPSP, have been taken from the
Government of India Act, 1935.
 Another source was the Sapru Report, 1945 which gave us
both Fundamental Rights (justiciable) and DPSP(s) (non-
justiciable).
 preamble
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Reflection of Preamble
 The Preamble is a brief introduction to the constitution and
it contains all the objectives which were there in the mind
of the drafters of the Indian Constitution.
 According to some scholars, DPSP is ‘the kernel of the
Indian Constitution’.
 The Directive Principles of the State Policy (DPSP) are the
guidelines for the state which it must consider while
formulating new laws and policies and it lay down all the
objectives which the Constitution seeks to achieve.
 The expression “Justice – Social, economic and political”
that is mentioned in the preamble is the ultimate aim that
has to be achieved through the formulation of the DPSP.
 DPSP are enlisted to attain this ultimate aim as mentioned
in the preamble i.e. Justice, Liberty, Equality and fraternity
are also known as the four pillars of the Indian
Constitution. It also enlists the idea of the welfare state
which was absent under the colonial rule.
Discuss the validity and significance of the Directive
Principles of State Policy. (8+8)
The Directive Principles of State Policy (DPSP) in the
Constitution of India are non-justiciable and non-enforceable by
courts. However, they hold immense significance and serve as a
guiding force for governance and policy-making in India.
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The validity and significance of the DPSP can be
understood from the following points:
 Moral and political force: The DPSPs act as moral and
political directives for the government to shape policies and
laws in line with the social and economic objectives of the
Constitution. They provide a vision for the state to work
towards the well-being of all citizens and promote social
justice, equality, and sustainable development.
 Promoting social justice and inclusivity: The DPSPs
emphasize the importance of social justice and the
protection of vulnerable sections of society. They advocate
for the elimination of discrimination based on caste,
gender, religion, or other factors, and aim to create a more
inclusive and equitable society.
 Balancing fundamental rights and Directive Principles:
While fundamental rights are justiciable and enforceable,
they sometimes need to be balanced with the DPSPs. The
DPSPs help strike a balance between individual rights and
collective welfare, ensuring that the government takes into
account the needs of society as a whole while respecting
individual freedoms.
 Influence on policy-making: Although not legally
binding, the DPSPs have had a significant impact on
policy-making in India. Over the years, several laws and
policies have been enacted by the government to fulfill the
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objectives of the DPSPs. These include legislations related
to education, labor rights, land reforms, environmental
protection, and social welfare schemes.
 Progressive interpretation: The courts have recognized
the importance of the DPSPs and have considered them
while interpreting laws. The Supreme Court has held that
the DPSPs are fundamental to the interpretation of the
Constitution and that they provide the philosophical basis
for future development and social transformation.
 Dynamism and adaptability: The DPSPs are not static
and can evolve with changing societal needs. They provide
a flexible framework for the government to respond to new
challenges and aspirations. Amendments to the
Constitution can also add new DPSPs, ensuring their
relevance to the changing times.
 Aspirational goals: The DPSPs represent the aspirations of
the Indian people for a better society. They reflect the
values and goals envisioned by the framers of the
Constitution and provide a roadmap for a socially just and
equitable India.
While non-enforceable, the validity and significance of the
DPSPs cannot be undermined. They serve as a moral and
political force, influence policy-making, and uphold the ideals of
social justice and inclusivity. They hold immense value in
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guiding the government towards achieving the socio-economic
objectives of the Constitution.
Conclusion
The significance of DPSPs cannot be looked down upon
just because it is not enforceable in any court of law. These
principles were added to facilitate the governance and smooth
functioning of the country. It was added to meet the main
objectives and the ultimate goal of a country i.e to work for the
welfare of its citizens. There are some important Acts in the
above-mentioned information, so we can’t say that DPSPs are
not implemented and have no importance at all.
Thus, even after being non-justiciable they are implemented
in some important Acts and they hold equal relevance and
importance as Fundamental rights mentioned in Part III of the
Constitution of India.
2) Discuss relationship between Fundamental Rights and
Directive principles of State Policy highlighting the
decisions of the Supreme Court.
The relationship between Fundamental Rights and Directive
Principles of State Policy in India is crucial for understanding
the constitutional framework. While Fundamental Rights are
justiciable and enforceable, the Directive Principles of State
Policy (DPSP) are non-justiciable and serve as moral and
political directives for the state.
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Fundamental Rights are described as the basic rights
guaranteed to every citizen of the country under the constitution.
They are present in Part III of the Constitution which ensures
some rights to all its citizens so that they can live their lives
peacefully. They help in checking the activities of the
Government so that it cannot curtail any of the basic rights
granted by the Constitution in the form of Fundamental rights.
Fundamental Rights apply to all the citizens without any form
of discrimination on the basis of race, caste, creed, sex, place of
birth, etc. Violation of the fundamental rights may lead to
punishment and can initiate proceedings against the government
if it tries to curtail them.
Directive Principles of State Policy are some important
guidelines given to the government so that it can work
accordingly and refer to them while formulating the laws and
policies, and to build a just society.
These principles are mentioned in Part IV from Article 36 to
51 of the Constitution.
Directive Principles are non-justiciable. However, these are
recognized as an important roleplayer in governing the State.
These principles aim at creating such an environment, which can
help the citizens to live a good life where peace and harmony
prevails.
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The directive principles conjointly gauge the performance of
the state, in order to achieve the objectives stated in the
preamble of the Indian Constitution.
The Supreme Court has played a crucial role in
interpreting and harmonizing these two provisions of the
Indian Constitution.
o Balancing approach: The Supreme Court has held
that Fundamental Rights and DPSPs are
complementary to each other and aim to achieve a
harmonious balance. In the case of Minerva Mills Ltd.
v. Union of India, the court held that the DPSPs are
not subservient to Fundamental Rights, nor are they
superior. They are complementary and should be
interpreted harmoniously to work towards the socio-
economic objectives of the Constitution.
o Enforceability of DPSPs: The court has emphasized
that although DPSPs are non-justiciable, they are
fundamental in the governance and policy-making of
the country. In the case of Kesavananda Bharati v.
State of Kerala, the court held that the DPSPs are an
integral part of the basic structure of the Constitution.
This means that the government is expected to strive
to achieve the objectives laid out in the DPSPs and
courts can question any arbitrary or discriminatory
action by the state.
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o Reasonable restrictions: The Supreme Court has held
that Fundamental Rights are subject to reasonable
restrictions in the interest of the larger public good.
The court has stated that the DPSPs can provide a
valid ground to impose such reasonable restrictions.
For instance, the right to property under Article
19(1)(f) was later limited by the Forty-Fourth
Amendment, which allowed the government to impose
reasonable restrictions on property rights in the
interest of social welfare and economic justice.
o Harmony and progressive interpretation: The court
takes a progressive approach in interpreting both
Fundamental Rights and DPSPs. It seeks to harmonize
them to create a just and inclusive society. In the case
of Unni Krishnan v. State of Andhra Pradesh, the
court emphasized that the right to education is not
only a Fundamental Right but also a directive
principle. The court held that the government's
obligation to provide education arises not only from
Fundamental Rights but also from the DPSPs.
o Ascertainment of reasonableness: The court has
played a crucial role in ascertaining the reasonableness
of laws and policies passed to implement DPSPs. It
examines whether the classification made, or the
measures taken, are proportionate and have a rational
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nexus to the objective sought to be achieved. If the
court finds laws or policies to be arbitrary or
unreasonable, it may strike them down as a violation
of Fundamental Rights.
Conclusion:
The Supreme Court of India has consistently emphasized
the importance of harmonizing and balancing Fundamental
Rights with the DPSPs. While Fundamental Rights are
justiciable and enforceable, the DPSPs, although non-justiciable,
have a significant impact on policy-making and the governance
of the country. The court has taken a progressive approach to
interpret and apply these provisions to promote social justice,
equality, and the overall welfare of the people.
Write a note on 'Uniform Civil Code'. (10+6)
A Uniform Civil Code (UCC) refers to a unified set of laws
governing personal matters such as marriage, divorce,
inheritance, adoption, and other family-related issues for all
citizens of a country, regardless of their religion or personal
beliefs. It aims to provide equal rights and protection to all
individuals, irrespective of their religious community or faith.
The concept of a Uniform Civil Code is mentioned in Article 44
of the Constitution of India as one of the Directive Principles of
State Policy. It states that the state shall endeavor to secure a
UCC for the citizens throughout the territory of India. However,
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the implementation of a UCC remains a complex and
contentious issue in India.
Proponents of a UCC argue that it promotes equality,
secularism, and gender justice. They believe that having separate
personal laws for different religious communities perpetuates
inequality, discrimination, and gender biases. They argue that a
UCC would create a common set of rules that treats all citizens
equally, regardless of their religious background.
On the other hand, opponents of a UCC argue that personal
laws are based on religious practices and customs deeply rooted
in specific communities. They argue that imposing a UCC could
infringe on the religious freedom and cultural rights of minority
communities. They also claim that personal laws have evolved
over centuries, reflecting the specific needs and beliefs of
different religious communities.
Meaning of uniform civil code:
Uniform Civil Code is the ongoing point of debate within
Indian mandate to replace personal laws based on the scriptures
and customs of each major religious community in India with a
common set of rules governing every citizen. In India the
purpose of Uniform Civil code is to replace the personal laws
based on the scriptures and customs of each major religious
community in the country with a common set governing every
citizen.
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A uniform civil code will mean a set of common personal
laws for all citizens. Currently, for example, there are different
personal laws for Hindus and Muslims. Personal law covers
property, marriage and divorce, inheritance and succession.
Beginning of uniform civil code:
The uniform civil code became a flashpoint in Indian
politics in 1985 during the Shah Bano case. The Supreme Court
had held that Bano, a Muslim woman, should get alimony from
her ex-spouse. In the context of that judgment the court had said
an uniform. Personal laws were first framed during the British
Raj, mainly for Hindu and Muslim citizens. The British feared
opposition from community leaders and refrained from further
interfering within this domestic.
The demand for a uniform civil code was first put forward
by women activists in the beginning of the twentieth century,
with the objective of women's rights, equality and secularism.
Till Independence in 1947, a few law reforms were passed to
improve the condition of women, especially Hindu widows. In
1956, the Indian Parliament passed Hindu Code Bill amidst
significant opposition. Though a demand for a uniform civil
code was made by Prime Minister Jawaharlal Nehru, his
supporters and women activists, they had to finally accept the
compromise of it being added to the Directive Principles
because of heavy opposition.
Indian constitution on uniform civil code
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The constitution has a provision for Uniform Civil Code in
Article 44 as a Directive Principle of State Policy which states
that The State shall endeavor to secure for the citizens a uniform
civil code throughout the territory of India.
There are a number of cases where the Supreme Court has
referred to Article 44 and the concept of uniform civil code,
mainly to highlight the lacklustre attitude of the executive and
the legislature in the implementation of the directive.
Article 44 of the Constitution calls upon the State to
endeavour towards securing a uniform civil code throughout the
territory of India. It falls within Part IV of the Constitution titled
as Directive Principles of State Policy (DPSP) and understood as
exhortations to the State to be kept in mind while governing the
country.
Drawback for Uniform Civil Code
The Constitution has given me the independence to
follow any individual’s religion
Difficulties due to India’s diversity
The implementation of Uniform Civil Code is a
cumbersome task due to wide diversity of our nation. Cultural
differences from state to state and community to community is
yet another hindrance for a unified personal law.
Interference of state in personal matters
 The constitution provides for the right to freedom of
religion of one’s choice. With codification of uniform rules
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and its compulsion, the scope of the freedom of religion
will be reduced.
 The people from different communities are not willing to
adopt the secular laws separated from personal laws. So, it
is not fair to impose the traditions of one group upon other
groups. The focus should be on other less contentious
issues that the Indian society is facing.
 As far as the protection of human rights or social
obligations is concerned, the nation has laid bottom line
policies through general laws. For instance, there is general
law that prohibits child marriage and reigns over all
personal laws.
 Every religion will say it has a right to decide various
issues as a matter of its personal law. We don’t agree with
this at all. It has to be done through a decree of a court"
Conclusion:
At last, I would like to conclude that citizens belonging to
different religions and denominations follow different property
and matrimonial laws which is not only an affront to the nation’s
unity, but also makes one wonder whether we are a sovereign,
secular, republic or a loose confederation of federal state, where
people live at the whims and fancies of mullahs, bishops and
pandits.
Topic – 4, Fundamental Duties

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1) Discuss the fundamental Duties as stated in the
Constituting of India.
The Fundamental Duties under the Constitution of India hold
great relevance as they aim to promote and emphasize the
importance of responsible citizenship. While the Constitution
grants certain rights and freedoms to the citizens, it also imposes
certain duties to ensure the well-being and progress of society as
a whole.
 Strengthening the Nation: The Fundamental Duties instill
a sense of nationalism and patriotism among citizens,
fostering a spirit of unity and integrity. It emphasizes the
obligation of every citizen to promote harmony, protect the
sovereignty of the nation, and preserve Indian culture and
heritage.
 Enforcing Social Responsibility: The duties promote
social harmony, respect, and empathy towards fellow
citizens. It encourages individuals to renounce practices
that are detrimental to society, such as violence,
discrimination, and untouchability, and to actively
contribute to the welfare of society.
 Protecting Public Property: Citizens are required to
respect public property and resources, ensuring their
preservation and preventing any damage or misuse. This
fosters a sense of responsibility in individuals to safeguard
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the collective resources of the nation for the benefit of
future generations.
 Strengthening Democracy: Upholding the values of
democracy is a key aspect of the Fundamental Duties.
Citizens are obligated to value the democratic processes,
participate in the democratic institutions, and ensure that
the democratic principles of equality, justice, and liberty
are upheld.
 Promoting Environmental Protection: The duties place
an emphasis on environmental consciousness and the
responsibility of citizens towards the protection and
preservation of the environment. Individuals are
encouraged to promote sustainable development, conserve
natural resources, and prevent environmental degradation.
 Citizen's Role in Judicial Processes: The duties stress the
importance of respecting the law, abiding by it, and
cooperating with the legal system. It encourages citizens to
provide assistance and cooperation in the administration of
justice, thereby strengthening the rule of law in the country.
While the Fundamental Duties are not legally enforceable,
they serve as a moral and ethical guideline for citizens to fulfill
their obligations towards the nation, society, and the
environment. They play a vital role in creating a responsible and
conscientious citizenry, contributing to the overall development
and progress of the nation.
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Explain the relevance of Fundamental Duties. (4+12)
The Fundamental Duties under the Constitution of India
hold great relevance as they aim to promote and emphasize the
importance of responsible citizenship. While the Constitution
grants certain rights and freedoms to the citizens, it also imposes
certain duties to ensure the well-being and progress of society as
a whole.
 Strengthening the Nation: The Fundamental Duties instill
a sense of nationalism and patriotism among citizens,
fostering a spirit of unity and integrity. It emphasizes the
obligation of every citizen to promote harmony, protect the
sovereignty of the nation, and preserve Indian culture and
heritage.
 Enforcing Social Responsibility: The duties promote
social harmony, respect, and empathy towards fellow
citizens. It encourages individuals to renounce practices
that are detrimental to society, such as violence,
discrimination, and untouchability, and to actively
contribute to the welfare of society.
 Protecting Public Property: Citizens are required to
respect public property and resources, ensuring their
preservation and preventing any damage or misuse. This
fosters a sense of responsibility in individuals to safeguard
the collective resources of the nation for the benefit of
future generations.
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 Strengthening Democracy: Upholding the values of
democracy is a key aspect of the Fundamental Duties.
Citizens are obligated to value the democratic processes,
participate in the democratic institutions, and ensure that
the democratic principles of equality, justice, and liberty
are upheld.
 Promoting Environmental Protection: The duties place
an emphasis on environmental consciousness and the
responsibility of citizens towards the protection and
preservation of the environment. Individuals are
encouraged to promote sustainable development, conserve
natural resources, and prevent environmental degradation.
 Citizen's Role in Judicial Processes: The duties stress the
importance of respecting the law, abiding by it, and
cooperating with the legal system. It encourages citizens to
provide assistance and cooperation in the administration of
justice, thereby strengthening the rule of law in the country.
Conclusion:
While the Fundamental Duties are not legally enforceable,
they serve as a moral and ethical guideline for citizens to fulfill
their obligations towards the nation, society, and the
environment. They play a vital role in creating a responsible and
conscientious citizenry, contributing to the overall development
and progress of the nation.
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2) Are Fundamental Duties justifiable? Give reasons for
your answer.
The concept of duty is such old in India but it failed to have
space in the constitution when it was originally formed.
However, it was later on added by 42 Singh Committee when
the need and necessity was felt during the operation of the
internal emergency (1975-1977).
The committee suggests that the citizens should have to
perform certain duties alongside enjoying the fundamental
rights.
By the preamble the constitution secures to all the citizens:
liberty of thought, expression, belief faith and worship"
.These are the fundamental rights of the citizens. The rest of the
preamble emphasizes only the duties, justice, social, economic
and political.
Just like a coin has two sides which are absolutely
inseparable same is rights and duties. Whenever, wherever we
have any rights, then there we must have corresponding duties.
In any democratic country, the democracy cannot be succeed till
the citizens of that country take active participation in assuming
responsibility and discharging their duties. Duty is just like a
sine qua non for right because duty for one person is another
person's right.
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Fundamental duties are borrowed from the constitution of
USSR and at the time of borrowing it, Japan was the only state
who has the duties of the citizen.
Fundamental duties are embedded in part-IV-A of the
Indian constitution under article 51A. Originally the duties were
ten in number, later on by 86 th amendment in 2002, they
increased to become eleven in number.
Yes, Fundamental Duties are justifiable for several
reasons:
 Balanced Rights and Duties: Rights and duties go hand in
hand. While citizens have the right to enjoy certain
freedoms and liberties, it is important to recognize that
these rights come with responsibilities. Fundamental Duties
provide a balanced approach by emphasizing the
obligations citizens have towards society in return for the
rights they enjoy.
 Social Cohesion and Unity: Fundamental Duties promote
social cohesion and unity by fostering a sense of shared
responsibility and accountability. When citizens fulfill their
duties, it leads to the overall well-being of society,
strengthens social bonds, and reduces conflicts or divisions
based on caste, religion, or other factors.
 Ethical and Moral Framework: Fundamental Duties act
as a moral and ethical framework, guiding individuals
towards responsible behavior and actions. They promote
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values such as honesty, integrity, and respect, which are
essential for the development of a just and inclusive
society.
 Nation-building: Fundamental Duties play a crucial role in
nation-building. By promoting nationalism, patriotism, and
respect for the country's heritage, citizens are encouraged to
actively contribute to the progress and development of the
nation. This collective commitment towards the nation's
well-being is essential for its growth and prosperity.
 Environmental Stewardship: The inclusion of
environmental protection as a fundamental duty is crucial
in the current context of environmental degradation and
climate change. By recognizing citizens' responsibility
towards the environment, it promotes sustainable practices
and encourages individuals to protect and conserve natural
resources for future generations.
 Strengthening Democracy: Upholding democratic
principles and ensuring citizen participation are vital for a
functioning democracy. Fundamental Duties reinforce
citizens' commitment to democracy, encouraging them to
exercise their rights responsibly, respect the democratic
process, and contribute to the democratic institutions of the
country.
Relevance of Fundamental Duties in Present Time:
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Even three decades after the fundamental duties were
incorporated there's no adequate awareness among citizens. For
the proper enforcement of duties, it is necessary that it should be
known to all. This should be done by a systematic and intensive
education of the people that is by publicity or by making it a part
of the syllabi and curriculum of education.
Atal Bihari Vajpayees govt. appointed the Justice J.S.
Verma committee to initiate the movement to teach fundamental
duties to the citizens of the country and the chairman of the
committee Justice J.S. Verma once said that:
Human rights can best be realized when the corresponding
duties are performed by the state and individuals.
Article 51-A (g) talks about the duty to protect the environment
but reality is far from it, the air and water pollution's extreme
condition reveals the same.
However, in the case M.C. Mehta v. Union of India the
Supreme Court held that under art. 51A(g) it is the duty of the
central govt. to introduce compulsory teaching of lessons at least
for one hour in a week on protection and improvement of natural
environment on all the educational institution of the country.
According to article 51-A (a) it is the duty of the citizens
to respect the national anthem of the country. A case also
explains the same is:
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Shyam Narayan Chouksey v. Union of India the supreme
court in a PIL held that, one is compelled to show respect
whenever wherever the national anthem is played. It is the elan
vital of the nation and fundamental grammar belonging to a
nation state.
Conclusion:
As the rights and duties are correlative, so when there is a
right there is a duty lies behind that. So first of all it is the duty
of govt. also to make fundamental duty a part of curriculum of
the schools so each and every student gets to know about it and
government should start various campaigns to aware the citizens
about their duties and ask citizens to follow them. Because as
the rights are important same as the duties are also important so
awareness will be the better for the country to promote the
relevance of duties in the present time.
Overall, Fundamental Duties are justifiable as they establish a
framework for responsible citizenship, promote social cohesion,
ethical behavior, nation-building, environmental stewardship,
and the strengthening of democracy. They provide a moral and
ethical compass for individuals, ensuring a harmonious and
progressive society.
Discuss the object, importance and enforcement of
Fundamental Duties. (10+6)
The object of Fundamental Duties under the Constitution of
India is to encourage and promote responsible citizenship. These
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duties aim to instill a sense of social responsibility, patriotism,
and ethical conduct among citizens.
Object of Fundamental Duties:
 Fundamental duties are a constant reminder to every citizen
that while the Constitution confers upon them certain
fundamental rights
 It also expects citizens to observe certain basic norms of

democratic behaviour.
 Fundamental rights have been guaranteed under Part III of
the constitution and the duty lies upon the states to protect
them Part-III of the Constitution provides for the
Fundamental Rights has inbuilt obligations therein.
 Certain fundamental duties are also enshrined under Part IV
A by the constitution to be performed by its citizens.
 Ten of the duties were incorporated in the Constitution of
India in 1976,11th was includèd in the year 2002 by the 86
Amendment
 Fundamental duties were introduced for the first time in
1976 by the 42nd Amendment of the Constitution after the
recommendations of the Swaran Singh committee
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 Article 29 (1) of the Universal Declaration of Human
Rights:
 Everyone has duties to the community in which alone the
free and full development of the personality is possible"
 Part IV of the Constitution of India provides for Directive
Principles of State Policy.
 A common thread runs through Part III, Part IV and Part IV
A of the Constitution of India.
 The first lays down the fundamental rights, second
enumerates the fundamental principles of governance and
the third prescribes the fundamental duties of the citizens.
Importance of Fundamental Duties:
 Balance of Rights and Duties: Fundamental Duties ensure
that citizens are not only aware of their rights but also
acknowledge their corresponding duties towards society.
This balance is essential for the healthy functioning of any
nation.
 National Integration: By emphasizing the importance of

national integration, preservation of cultural heritage, and
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respect for diversity, Fundamental Duties contribute to the
unity and integrity of the nation. They foster a sense of
belonging and promote harmony among citizens.
 Environmental Protection: The inclusion of
environmental protection as a Fundamental Duty reflects
the significance of conserving natural resources and
preventing environmental degradation. It emphasizes the
need for sustainable development and a responsible
approach towards the environment.
 Ethical Conduct: Fundamental Duties lay down the
foundation for ethical behavior and moral conduct. They
promote values such as integrity, honesty, compassion, and
justice, which are essential for a just and inclusive society.
 Strengthening Democracy: Encouraging citizens to value
democratic institutions, promote harmony, and respect the
rule of law, Fundamental Duties play a crucial role in
strengthening the democratic fabric of the nation. They
foster citizen participation and ensure the smooth
functioning of democratic processes.
Enforcement of Fundamental Duties:
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Fundamental Duties, as stated in the Constitution, are not
legally enforceable. However, they are enforceable through
moral, societal, and educational means. The government and
various agencies play a role in creating awareness and fostering
a sense of responsibility among citizens. Some of the ways in
which
Fundamental Duties can be enforced include:
 Education and Awareness: Educational institutions and
civic organizations can play a significant role in promoting
awareness about Fundamental Duties and their importance.
Through curriculum integration, campaigns, and
workshops, citizens can be educated about their duties and
their relevance to society.
 Promotion of Values: The government and civil society
organizations can promote values of responsibility, social
harmony, environmental consciousness, and ethical
conduct through public campaigns, media, and social
programs. This helps in reinforcing the importance of
Fundamental Duties in everyday life.
 Role of Institutions and Authorities: Institutions such as
the judiciary, law enforcement agencies, and administrative
bodies have a responsibility to ensure that citizens are
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aware of their duties and that these duties are respected and
promoted.
 Citizen Engagement: Citizen participation and
engagement in various social, environmental, and
developmental initiatives can be encouraged through legal
and policy mechanisms. This includes promoting
volunteerism, community service, and active involvement
in democratic processes.
Conclusion:
While the enforcement of Fundamental Duties is not legally
binding, their importance is recognized through various means
to create a socially responsible citizenry. Educational, societal,
and moral enforcement mechanisms are crucial in ensuring
citizens understand and fulfill their duties towards the nation,
society, and the environment.
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B.A.LL.

B (5 Years) Constitutional Law - i

CRASH COURSE 2023

This entire material has been prepared by the

“The Preamble has been called the political horoscope of

The Preamble highlights the key objectives of the

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Also explain its significance.

Topic – 2, Fundamental Rights

In other words, for the purposes of Part III of the

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Topic – 3, Directive Principles : Its relation with

Topic – 4, Fundamental Duties

 It also expects citizens to observe certain basic norms of

 National Integration: By emphasizing the importance of

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