Constitution of India

The Constitutionof India is the supreme law in India. A Constitutionis a set of rules and
regulations guiding the administration of a country. The constitution of India is the
framework for political principles,procedures and powers of the government. It is also the
longest constitution in the world with 395 articles and 12 schedules. Originally it consisted of
395 Articles arranged under 22 1)åltsand 8 Schedules. Today after many amendments, it has
447 Articles and 12 schedules hnd 25 parts (According to 2019). The constitution was written
on 26 November 1949, and was made the center of law in 26 January 1950.

CONSTITUTIONAL LAW

Constitutionallaw is the body of law which defines the relationshipof different entities
within a state, namely, the executive, the legislature, and the judiciary. Not all nation states
have codified constitutions, though all such states have a jus commune, or law of the land,
that may consist of a variety of imperative and consensual rules. These may include
customarylaw, conventions, statutory law, judge-made law, or international rules and norms.
The principles from the French Declaration of the Rights of Man and of the Citizen still have
constitutional value.

CONSTITUTIONALISM

Constitutionalismhas become as important an issue as that of good governance. In ordinary

parlance,constitutionalism
may be defined as a 'belief in constitutional.
government.'But
what does constitutionalgovernmentrefer to? Does is it refer to a governmentwith a
constitutionor governmentestablishedaccording to a constitution,or a governmentacting
accordingto a constitution?The concept seems to lack clarity. Constitutionalismcan be
defined as the doctrine that governs the legitimacy of government action, and it implies
something far more important than the idea of legality that requires official conduct to be in
accordance with pre-fixed legal rules. In other words, constitutionalism checks whether the
act of a government is legitimate and whether officials conduct their public duties in
accordancewith •lawspre-fixed/ pre-determined in advance. The latter definition shows that
having a constitution alone does not secure or bring about constitutionalism. Except for a few
states which have unwritten constitutions, today almost all the nations/states in the
world
have constitutions. This does not, however, mean that all these states
practice
constitutionalism. That is/why constitutionalism is far more important than a
constitutibn.
Features (Characteristics) of Constitutionalism

According to Barnett, constitutionalism embraces limitation of power (limited government),

separationof powers (checks and balances) and responsible and accountable government.2
Henkin3 identifies popular sovereignty,rule of law, limited government, separation of
powers (checks and balances),civilian control of the military, police governed by law and
judicial control, an independentjudiciary, respect for individUalrights and the right to self
determination as essential features (characteristics) of constitutionalism.
 ALIENT FEATURES OF
THE CONSTITUTION
The Constitution of India
is a unique and remarkable document having Various
features. It is said that, the outstanding
Constitution has been prepared after deep study of all the known
Constitutions of the world. The Framers
of the Indian Constitution have tried hard to gather
the best features each of the existing
constitutions, may be federal, unitary having
Parliamentary System or Presidential system, for e.g.
American Constitution, Canadian,
Australian and British Cabinet System etc. The Constitution is a
wholly written document
which incorporates the constitutional law of India. It was fully debated and duly
enacted by
the Constitution Assembly of India. It took the Assembly 2 years, I I months and 18 days to
write and enact the Constitution.

v" Sources of the Constitution

The Constitutional Makers gathers best features of each known constitutionof the world
that's why it is criticised as patch work but it is a beautiful patch work as describedin
Constituent Assembly.

a) Structural part —Government of India 1935

b) Philosophical Part
c) Fundamental Rights —U.S.A.
d) Directive Principles —Irish
e) Federal System - U.S.A. / Canada
f) Parliamentary System —United Kingdom
g) Political Part —British Cabinet System
h) Executive —Legislature Relations —British System
i) Union and State Relationship —Canadian Constitution.
j) Concurrent list —Australian Constitution.
k) Trade & commerce. —Australia
l) Emergency —German Reich Constitution

. Longest Constitutions of the World

The Indian Constitution has a distinction of being the most lengthy and detailed constitutional
document. When it was adopted, it has 395 Articles and 8 Schedules now after 99th
Amendment it contains 442 Articles and 12 Schedules.
constitutional
The volume of the Constitution has increased mainly due to endeavour of
Parliamentary
makers to incorporate detailed Fundamental Rights, Directive Principles,
Amendment
Systems, Constitution of the Union and States, Emergency Provisions,
Parliament, Privileges,
Provisions, detailed Administrative Provisions regarding Executive,
General, State Legislature,
Union Judiciary, Union Legislature, Comptroller and Auditor
Relations, Finance properties
High Courts in the States, Union Territories, Union and States
certain provisions relating tö
Contracts, Services under the Union and States, Elections,
certain classes, language and various schedules etc.
 . More flexible than rigid one

Compared to American or AustralianConstitution,the Constitution of India is more flexible

than rigid. The American Constitutionof 1787has been amended only 27 times in last 250
years. Australian Constitution is known as Frozen
Constitution. Referendum is required to
carry out amendment in the Constitution.The
amending power laid down in Article 368 is
comparatively very much easy, so our Constitution has been
amended 99th time So far.
. Preamble of the Constitution

The Preamble to the Constitution of India is a well

drafted document which states the
philosophy of the constitution. It declares India to be a
Sovereign Socialist Secular
Democratic Republic and a welfare state committed to
secure justice, liberty and equality for
the people and for promoting fraternity, dignity the
individual, and unity and integrity of the
nation. The Preamble is the key to the constitution.It states
in qutshell the nature of Indian
state and the objectives it is committed to secure for the
people.
Reconciliation of written Constitution with Parliamentary sovereignty

Written Constitution denotes supremacy of the Constitution and all

three organs of the
Government have to function within the framework of the principles laid
down in the written
Constitution and it is comparatively rigid one. The principle of parliamentarysovereignty
is
peculiar feature of British Westminster Model.

. Role of convention under the Constitution

Most of the British convention of Cabinet system has been embodied in the Constitutionof
India. E.g. Article 75 - Cabinet Responsibility and Cabinet System, Leader of majority party
is called to form Government. After passing of No-Confidence motion Ministryhas to resign
etc.

. Fundamental Rights
Part Ill of the Constitution from Article 12 to 35 deals with fundamentalrights which is
essential for the all round development of the human being. The nature of fundamentalrights
is as such that, human personality cannot be developedin any democraticcountrywithout
these sacred rights. They are justiciable because the aggrieved person can move to Court for
vindication of his precious rights, which has been taken from the American Bill of Rights.

. Directive Principles of State Policy

This principle which is somewhat moral in nature is a gift from Irish Constitution.The socio-
economic democracy is a fundamental object of Constitution which can be fulfilled by
implementation of these novel directives. Of course they are non-justiciable in the sense that,
person cannot move to the Court for non-implementationof the directives. Part IV of the
as
Constitution Article 36 to 51 deals with directive principles. The enforceability of which,
of the people to the
noted author Seervai has observed, is found out in the mandate
 Government. If the welfare
principle has not been taken care, then people are free to
overthrow the Government in general
elections.
Judicial Review
In the Constitution of India, the power of judicial review bestowed upon apex judiciary is one
of the novel outstanding 105 features which is also a part of basic structure of the
Constitution. Unless, judiciary is,given power of declaring any law, rules, regulations,bye-
laws or any administrative action which violates provisions of the Constitutionincluding
fundamental rights, the sanctity of the fundamental rights cannot be protected. Particularly
for the protection and to maintain enforceability of fundamental rights. The Courts of Law is
empowered to use this power against any organ of the State i.e. Legislative or Executive. The
power of judicial review is incorporated in Article 13, 32, 141, 143, 226 and Court is
empower to issue writs in the nature Habeas Corpus, Mandamus, Prohibition, Quo-warranto,
Certiorari. The power of judicial review is a precious gift from American Supreme Court in
the celebrated judgement in Marbury vs. Madison 1803. An independent judiciary having the
power of judicial review is most important feature of our Constitution. The judicial power of
the State exercisable by the Courts under the Constitution as sentinels of Rule of Law is a
basic feature of the Constitution.

. Socio-economic Justice

Constitution aims at securing socio-economic and political justice and guarantees that State
will not discriminate between one citizen and another merely on the ground of religion, race,
women's,
caste, sex or place of birth in the matter of employment, special provisions for the
Scheduled
children's, socially and educationally backward classes and Scheduled Caste and
Tribes including Prohibition of Untouchability.

. Fundamental Duties
1976 enshrinednovel
Article 51A which is inserted by 42nd constitutional amendments
51 A) the
fundamental duties which have no judicial enforceability. In its Part
a citizen:
Constitution describes the following Fundamental Duties of
and the national anthem;
1. Respect for the Constitution, the national flag
struggle;
2. Cherish the noble ideals of the freedom
unity and integrity of India;
3. Uphold and protect the sovereignty,
service when called;
4. Defend the country and render national
of all the people of India and renounce any practice
5. Promote the common brotherhood
derogatoryto the dignity of women;
composite culture;
6. Preserve the rich heritage of the nation's
have compassion for living creatures;
7, Project the natural environment and
 reform;
8. Develop scientific temper, humanism and spirit of inquiry and

9. Safeguard public property and abjure violence; and

10. Strive for excellence in all individual and collective activity.

I l. Duty of the parents to send their children to schools for getting education.

The Fundamental Duties are, however, not enforceable by the courts.

. Universal Adult Franchise

This is another outstanding feature of the Constitution.The entire adult population having a
voting age of 18, without any qualification either of sex, property, taxation can exercised
their voting rights. (Article 326) The independentElection Commission of India is entrusted
the job of holding free and fair election in our country. In recently held general election of
Lok Sabha 2014, more than 75 Crores electorate have exercised their franchise.

. Parliamentary Form of Government

Our Constitutionthough federal in nature is modelled on the British Parliamentary System

where Council of Minister is collectively responsible to the popularly elected House i.e. Lok
Sabha or Legislative Assembly. They have to command majority in the Legislature otherwise
it has to resign. The President is Head of the State in Parliamentary System of responsible
Government but he is to act on the advice of the Council of Ministers.

. Article 368, of the Constitution provides for two special methods of amendment

Most of the provisions of the Constitution can be amended by the Union

Parliament by passing an Amendment Bill by a majority of total membership and
2/3rd majority of members present and voting in each of its two Houses.
(ii) For the amendment of some specified parts, a' very rigid method has been
provided. Under it, first the Union Parliamentpasses the AmendmentBill by a
majority of total membership and 2/3rd majority of members present and voting in
each house , and then it goes to the State Legislaturesfor ratification.The
Amendment gets passed only when it is approved by•not less than one half of the
several states of the Union.

. Federal System with unitary bias

In various judgements the Supreme Court has described our Constitution as basic•allyfederal
with striking unitary features. Our federal system is based on American model. It is a
combination of federal and unitary system i.e. quasi-federal system.
WSecular State
India_has adopted a policy of secularism that means State does not protect, help, promote any
particular religion and State has no official religion.

Single integrated State with SingleCitizenship

India is the single Independent and Sovereign integratedstate. Presently it has 28 states and 7
Union Territories. All citizens :enjoy a common uniform citizenship. They are entitled to
equal rights and freedoms, and equal protection of the state.

1 . Emergency Provisions

The Constitution of India contains special provisions for dealing with emergencies.

It recognises three types of possible emergencies:

(1) National Emergency (Article 352) an emergency resulting from war or external
aggression or threat of external aggressions against India or from armed rebellion
within India or in any of its part;
(2) Constitutional Emergency in a State (Article 356) an emergency resulting from the
failure of constitutional machinery in any state; or some states and
(3) Financial Emergency (Article 360) an emergenpy resulting from a threat to financial
stability of India.

The President of India has been empowered to take appropriatesteps for dealing with these
emergencies. During the period of an emergency, the powers of the President, actually of the
PM and the Union Council of Ministers Cabinet increase tremendously. President can take all
steps deemed essential for meeting an emergency. These are called emergency powers of the
President.
Ilistorical perspective of the Constitution of India

The evolution of rgpresentativeinstitutions in the country began many decades before 26

January 1950 and continued unabated since. Its origins lie deqply embedded in the struggle
for independence from Britain and in the movements fqr responsible and constitutional
govemment in the princely States. The Charter Act of 1853 provided some sort of a separate
'Legislature' in the form of a 12-memberLegislative Council. The Indian Councils Act,
1861, which is described as the "prime Charter of the Indian Legislature" inauguratingthe
"system of legislative devolution in India", was followed by the Indian Council's Act of 1892
and 1909. The Act of 1909 which was in implementationof the Morley-MintoReforms,
introduced an element of election and representation in the Legislative Council at the Union.
However, none of these Acts provided for decisive to the native elements in the matters of
legislation and administration.

The Government of India Act of 1919, which gave effect to the Montague-Chelmsford
Reforms, established a Bicameral Legislature at the Union for the first time and introduced
some elements of rgsponsibleform of Government in the Provinces.The national leaders
found the 1919 reforms inadequate,. unsatisfactory and disappointingand urged the British
Parliament to take early steps to establish fully responsible Government in India in
accordance with the principle of self-determination. For early revision of the Governmentof
India Act, 1919, a resolution, which later became famous as the 'National Demand', was
adopted by the Central Legislative Assembly which, for the first time, lent its supportto the
growing demand that the future Constitution of India should be framed by Indians
themselves.

should be determined by
In 1922 Mahatma Gandhi asserted the demand that India's destin
free gift of the British Parliament.It
the Indians themselves. He stated: Swaraj would not be a
expressedthrough an Act of
would be a declaration of India's full self expression,
ratification of the declared wish of the people
Parliament. But it Wouldbe merely a courteous
which Britain will be a party. The British
of India. The ratification would be a treaty to
would ratify the wishes of the people of India as
Parliament, when thg settlement comes,
expressed through the freely chosen representatives.
 Another significant development in the Indian constitutional history was enactment of the
Government of India Act, 1935. The Government of India Act, 1933 occupies a significant
place in the constitutional history of India as the Act had endeavoured to give a written
Constitution to the country. However, the freedom fighters or people's representatives had no
role in the making of this document, and it suffered from serious drawbacks. Even after the
enactment of the Government of India Act, 1935, the Central Government in India, by and
large, remained what it was under the Act of 1919, since the federal part of the 1935 Act
as
never came into operation; only some modifications in practice and procedure,
necessitated by the introduction of 'autonomy' in the Provinces, were made.

Subsequently,
The Quit India Movement Of 1942 lent a new thrust to the freedom struggle.
constitutional
there were several efforts to work out the transfer of power and to provide for a
India
frameworkfor free India. As a part of these efforts, a British Cabinet Mission arrived in
in setting up
on 24 March 1946. The avowéd purpose of the Mission was to assist the viceroy
During the
in India the machinery by which Indians could devise their own Constitution.
representative
negotiations, the emphasis on the fundamental issues of Independence and of a
Constituent Assembly for framing the future Constitution unhindered by any external
of its
interference was reiterated. The Cabinet Mission presented on 16 May 1946 a scheme
Constitution of India.
own, laying down the principles and procedure for framing the future
Constitution
In respect of the formation of the Constituent Assembly in order to frame the
without delay, the Plan suggested;

(i) To allot to each Province a total number of seats in proportion to its population;
roughly in the ratio of one to a million, as the nearest substitute for representation
by adult suffrage;
(ii) To divide the provincial allocation of seats between the main communities in each
Province in proportion to their population; and
(iii) To provide that the iepresentatives allotted to each community in a Prpvince shall
be elected by the'members of that community in its Legislative Assembly.

Assembly were
Under the terms of the Cabinet Mission Plan, the Members of Constituent
elected in July 1946. The India Independence Act, 1947 provided that the Constituent
to
Assembly would have unlimited power to frame and adopt any Constitution and even
legislation on the
supersede the India Independence Act itself without the need for any further
British
part of the British Parliament. The Ilfdian Independence Act expreésly terminat'ed the
 the 15 August 1947. The
Parliament's authority to legislate for the Dominion on or after
States and Provinces
Constituent Assembly, thus, became a body fully representative of the
completed the
in India and fully sovereign of all external authority. As a sovereign body, it
any
task of framing the Constitution for India in the best interest of people and without
outside interference.

On 29 August 1947, the Drafting Committee was elected by the Constituent Assembly under
the Chairmanship of Dr. B.R Ambedkar for preparation of a draft Constitution. The
Constituent Assembly was able to complete the monumental task of drafting a Constitution
for independent India within a period of less than three years-two years, eleven months and
seventeen days, to be exact. They produced a fine document, handwritten in 90,000 words.
On the 26th day of November 1949, it could proudly declare on behalf of the people of India
that we do HEREBY ADOPT, ANACT AND GIVE to ourselves this constitution. In all, 284
members actually appended their signatures to the Constitution as finally passed. The
Original Constitution contained a Preamble, 395 Articles and 8 Schedules. The provisions
relating to citizenship, elections, provisional Parliament, temporary and transitional
provisions were given immediate effect. The rest of the Constitution of India came into force
on 26 January 1950. On that day, the Constituent Assembly ceased to exist, transforming
itself into the Provisional Parliament of India until a new Parliament was constituted in 1952.
 Iqq
FUNDAMENTAL RIGHTS

Fundamental rights are essential för

intellectual, moral and spiritual development of citizens
of India. These rights are fundamental or essential for existence and all-round developmentof
individuals. Fundamental rights are enshrined in Part Ill (Articles 12 to 35) of
the Constitution of India.

Fundamental rights apply universally to .all citizens, irrespective of race, birthplace,

religion, caste, sexual orientation, gender or gender identity. The Indian Penal Code, Code of
Criminal Procedure and other laws prescribe punishments for the violation of these rights,
other
subject to the discretion of the judiciary. Though the rights conferred by thé constitution
in case of
than fundamental rights are also valid rights protected by the judiciary,
approached directly for
fundamental rights violations, the Supreme Court of India can be
origins in many sourceé,
ultimate justice as per Article. 32. The Rights have their
of Rights and France's Declaration
including England's Bill of Rights, the United States Bill
of the Rights of Man.
by the Indian constitution:
There are six fundamental rights recognised

.76 Right to equality (Articles. 14-18)

g Right to Freedom (Articles. 19-22)

(Articles. 23-24)
z.%. Right Against Exploitation
Religion (Articles. 25-28)
741 Right to Freedom of
Rights (Articles. 29-30), and
Cultural and Educational
remedies (Articles. 32-35)
Right to Constitutional
14-18)
"The right to equality (Articles.
of discriminationon
equality before the law, the prohibition
includes place of
The right to equality gender or gender identity and/or
caste, sexual orientation,
grounds of religion, race, the abolition of
untouchabilityand
of employment,
oppoltunity in matters
birth, equality of
abolition of titles. the law or the equal
equality before
state shall not deny to any person
Article 14: The
of India.
of the laws within the territory
protection
 Article 15:

(l) The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place ofbirth or any of them.

(2) No citizen shall, on grounds only of religion?race, caste, sex, place of birth or any of
them, be subject to any disability, liability, restriction or condition with regard to:
i;
(a) Access to shops, public restaurants, hotels and places of public entertainment; or

(b) The use of wells, tanks, bathing ghats, roads ånd places of public resort
maintained wholly or partly out of State funds or dedicated to the use of the
general public.

(3) Nothing in this article shall prevent the State from making any special provision for
women and children.

(4) Nothing in this article or article 29 shall prevent the State from making any special
provision for the advancement of any socially and educationallybackward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes.

(5) Nothing in this article or article 19 shall prevent the Stat? from making any special
provision, by law, for the advancement of any socially and educationally backward
far as
classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so
including
such special provisions relate to their admission to educational institutions
the State, other than the
private educational institutions, whether aided or unaided by
minority educational institutions referred to article 30.

Z Article 16:
for all citizens in matters relating to employment
(l) There shall be e uali of o ortuni
or appointment to any office under the State.
only of religion, race, caste, sex, descent, place of birth,
(2). No Citizen shall, on grounds
for, or discriminated against in respect of, any
residence or. any of them, be ineligible
employment or office under the State.
law prescribing, ih
Nothing in this årticle shall prevent Parliament from making any
(3)
[under the
to a class or classes of employment or appointment to an office
regard territory, any
of, or any local or other authority within, a State or Union
Government
 requirement as to
residence within that State or Union
territory] prior to such
employment or appointment.
(4) Nothing in this
article shall prevent the State from making any provision
for the
reservation of appointments or posts
in favour of any backward class of citizens which,
in the opinion of the State, is not
adequatelyrepresented in the services under the
State. [(4A) Nothing in this'article shall prevent
the State from making any provision
for reservation 3[in matters of promotion, with consequential seniority, to any
class] or
classes of posts in the services under the State in favour of the Scheduled Castes and
the Scheduled Tribes which, in the opinion of the State, are not adequately represented
in the services under the State.] [(4B) Nothing in this article shall prevent the State
from considering any unfilled vacancies of a year which are reserved for being filléd
up in that year in accordance with any provision for reservation made under clause (4)
or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or
years and such class of vacancies shall not be considered together with the vacancies
of the year in which they are being filled up for determiningthe ceiling of fifty per
cent. reservation on total number of vacancies of that year]

(5) Nothing in this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or
denominational insiitution or any member of the governing body thereof shall be a
person professing a particular religion or belonging to a particular denomination.

Article 17:

"Untouchability" is abolished and its practice in any form is forbidden. The enforcementof
with
any disability arising out of Untouchability shall be an offence punishable in accordance
law.

Article 18:
be conferred by the State.
Al) No title, not being a military or academic distinction, shall
State.
(2) No citizen of India shall accept any title from any foreign
any office of profit or
(3) No person who is not a éitizen of India shall, while he holds
the President any title from any
trust under the State, accept without the consent of
foreign State.
 the
of profit or trust under the State shall, without
(4) No person holding any office
or
any present, emolument, or office of any kind from
consent of the President, accept
under any foreign State.

The right to freedom (Articles. 19-22)

assembly, association or
e right' to freedom includes freedom of speech and expression,
any profession or
union or cooperatives, movement, residence, and right to practice
occupation.

ZÄrticle 19:
All citizens shall have the right:

ATO freedom of speech and expression;

To assemble peaceably and without arms;

(c) To form associations or unions I [or co-operative societies];

(d) To move freely throughout the territory of India;

(e) To reside and settle in any part of the,territory of India;

(g) To practise any profession, or to carry on any occupation, trade or business.

Article 20:

AfNo person shall be convicted of any offence except for violation of a law in force at
the time of the commission of the act charged as anyoffence, nor be subjected to a
penalty greater than that which might have been inflicted under the law in force at the
time of the commission of the offence.
once.
(2) No person shall be prosecuted and punished for the same offence more than
against himself.
(3) No person accused of any offence shall be compelled to be a witness

ÄÄArtigle 21 :

according to procedure
No person shall be deprived of his life or personal liberty except
established by law.
the age
The State shall provide free and compulsory education to all children of
law, determine.
of six to fourteen years in such manner as the State may, by
 Article 22:

f0fN0 person who is arrested

shall be detained in custody without
soon as may be, of being informed, as
the grounds for such
arrest nor shall he be denied the right to
consult, and to be defended
by, a legal practitioner of his choice.
(2) Every person who
is arrested and detained in custody shall be
produced before the
nearest magistrate within a period
of twenty-four hours of such arrest excludingthe
time necessary for the journey
from the place of arrest to the court of the magistrate
and no such person shall be detained
in custody beyond the said period without the
authority of a magistrate.

(3) Nothing shall apply— (a) to any person who for the time being is
an enemy alien; or
(b) to any person who is arrested or detained under any law providing for preventive
detention.

. The right against exploitation (Articles. 23-24)

(The right against exploitation prohibits all forms of forced labour, child labour and trafficking
of human beings. Children under age of 14 are not allowed to work.

CArticle 23:
'j Traffic in human beings and beggar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishablein
accordance with law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for
public purposes, and in imposing such service the State shall not make any
discrimination on grounds only of religion, race, caste or class or any of them.

Ärticle 24:
No child below the age of fourteen years shall be employed to work in any factory or mine or
engaged in any other hazardous employment.

. The right to freedom of religion (Articles. 25-28)

The right to freedom of religion includes freedom of conscience and free profession, practice,
from certain taxes
and propagation of religion, freedom to manage religious affairs, freedom
and freedom from religious instructions in certain educational institutes.
 Article 25:

(l) Subject to public order, morality and health and to the other provisions of this Part, all
persons are equally entitled to freedom of conscience and the right freely to profess,
practise and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the
State from making any law—

(a) Regulating or restricting any economic, financial, political or other secular

activity which may be associated with religious practice;

(b) Providing for social welfare and reform or the th!owing open of Hindu religious
institutions of a public character to all classes and sections of Hindus.

(c) To own and acquire movable and immovable property; and

(d) To administer such property in accordance with law.

Article 27:

No person shall be. compelléd to pay any taxes, the proceeds of which are specifically
appropriated in payment of expenses for the promotion or maintenance of any particular
religion or religious denomination.

Article 28:

(l) No religious instruction shall be provided in any educational institution wholly

maintained out of State funds.

(2) Nothing in clause (l) shall apply to an educational institution which is administered
which requires
by the State but has been established under any endowment or trust
that religious instruction shall be imparted in such institution.
recognised by the State or receiving
(3) No person attending any educational institution
part in any religious instructionthat
aid out of State funds shall be •requiredto take
attend any religious worship that may be
may be imparted in such institution or to
premises attached thereto unless such person
conducted in such institution or in any
has given his consent thereto.
or, if such person is a minor, his guardian
 . The Cultural and
educational Rights (Articles. 29-30)
[The Cultural and
educational Rights preserve the right of any section of citizens to conserve
their culture, language or
script, and right of minorities to establish and administer
educational institutions of their choice.

F¯Article 29:

(l) Any section of the citizens residing in the territory of India or any part thereof having a
distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on grounds only of religion, race, caste, language or
any of them.

—Article 30:

(l) All minorities, whether based on religion or language, shall have the right to establish
and administer educational institutions of their choice.

(2) (IA) In making any law providing for the compulsory acquisition of any property of
an educational institution established and administered by a minority referred to in
clause (l), the State shall ensure that the amount fixed by or determined under such
law for the acquisition of such property is such as would not restrict or abrogate the
right guaranteed under that clause.]

(3) The State shall not, in grahting aid to educational institutions, discriminate against any
educatiopal institution on the ground that it is under the management of a minority,
whether based on religion or language.

[Compulsory acquisition of property.] Rep. by the Constitution (Forty-fourth

Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).

[Saving of Certain Laws] [3 IA.

Notwithstanding anything contained in article 13, no law providing for—

(a) The acquisition by the State of any estate or of any rights therein or the
extinguishment or modification of any such rights, or

(b) The taking over of the management of any property by the State for a limited
period either in the public interest, or in order to secure the. proper
management of the property, or
 public interest or
(c) The amalgamation of two or more corporations either in the
corporations, or
in order to secure the proper management of any of the
agents,
(d) The extinguishment or' modification of any rights of managing
managers of
secretaries and treasurers, managing directors, directors or
corporations, or of any voting rights of shareholders thereof, or

(e) The extinguishment or modification of any rights accruing by virtue of any

agreement, lease or licence for the purpose o? searching for, or winning, any
mineral or mineral oil, or the premature termination or cancellation of any
such agreement, lease or licence, shall be deemed to be void on the ground
that it is inconsistent with, or takes away 0! abridges any of the rights
conferred by [article 14 or article 19]

In this article

(a) The expression "estate" shall, in relation to any local area, have the same meaning as
that expression or its local equivalent has in the existing law relating to land tenures in
force in that area and shall also include—

(i) Any jagir, inam or muafi or other similar grant and in the States of [Tamil
Nadu] and Kerala, any janmam right;

(ii) Any land held under ryotwari settlement;

purposes ancillarythereto,
(iii) Any land held or let for purposes of agriculture or for
or sites of buildings and other
including waste land, forest land, land for pasture
agricultural labourers and village
structures occupied by cultivators of land,
artisans;
vesting in a
relation to an estate, shall include any rights
(b) The expression "rights", in
under-raiyat] or
under-proprietor, tenure-holder, 1[raiyat,
proprietor, sub-proprietor,
revenue.]
rights or privileges in respect of land
other intermediary and any

Article 31B:
none of the
the generality of ghe provisions contained in article 31A,
Without prejudice to shall
in the Ninth Schedule nor any of the provisions thereof
Acts and Regulations specified Regulation
to have become void, on the ground that such Act,
ever
be deemed to be void, or any
takes away or abridges any of the rights conferred by,
with, or
or provision is inconsistent court or
notwithstanding any judgment, decdee or order of any
provisions of this Part, and
 Tribunal to the
contrary, each of
the said Acts and Regulations
any competent shall, subject to the power of
Legislature to repeal
or amend it, continue in force.]
zArticle 3 1C:

Notwithstanding anything
contained in article 13, no law giving effect to the policy
State towards securing of the
all or any of the principles laid down in
Part IV]shall be deemed to be
void on the ground that sit
is inconsistent with, or takes away or abridges any of the rights
conferred by article 14 or article
19; and no law containing a declaration that it is for giving
effect to such policy shall be called
in question in any court on the ground that it does not
give effect to such policy: Provided
that where such law is made by the Legislature ofå State,
the provisions of this article shall not apply thereto
unless such law, having been reserved for
the consideration of the President, has received his assent.

Article 3 ID:

[Saving of laws in respect of anti-nationalactivities.] Rep. by the Constitution(Forty-third

Amendment) Act, 1977, s. 2 (w.f. 13-4-1978).

įThe right to sconstitutional remedies (Articles. 32-35)

he right to constitutional remedies is present for enforcement of fundamental rights.

—Article 32:

(l) The right to move the Supreme Court by appropriate proceedings for the enforcement
of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders •or writs, inqluding
writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, whichever may be appropriate,for the enforcementof åny of the rights
conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court, Parliament may by
law empower any other court to exercise within the local limits of its jurisdiction all
or any of the powers exeréisable by the Supreme Court.

(4) The right guaranteed by this article shall not be suspended except as otherwise
provided for by this Constitution.
article
Ä32A. [Constitutional validity of State laws not to be considered in proceedings under
Z 32.] Rep. by the Constitution (Forty-third Amendment) Act; 1977, s. 3 (w.e.f. r13-4-1978).•
Article 33:
by this Part
Parliament may, by law, determine to what extent any of the rights conferred
shall, in their applica!ion to:

(b) The members of the Armed Forces; or

(c) The members of the Forces charged with the maintenance of public order; or

(d) Persons employed in any bureau or other organisation established by the State for
purposes of intelligence or counter intelligence; or

(e) Persons employed in, or in connection with, the telecommunication systems set up
for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c),
be restricted or abrogated so as to ensure the proper discharge of their duties and the
maintenance of discipline among them.]

Article 34:

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law
indemnify any person in the service of the Union or of a State or any other person in respect
of any act done by him in connection with the maintenance or restoration of order in any area
passed,
within the territory of India where martial law was in force or validate any sentence
such area. 35.
punishment inflicted, forfeiture ordered or other act done under martial law in
Notwithstanding anything in this Constitution,—
power to make
(f) Parliament shall have, and the Legislature of a State shall not have,
laws.
of this Constitutionin the
(g) Any law in force immediately before the commencement
territory of India.
of Article 21 (the Right to Freedom) that protects the
The right to privacy is an intrinsic part
to privacy is the newest right assured by the Supreme
life and liberty of the citizens. The right
data and personal security. Fundamental rights for
Court of India. It asstires the people's.
the inequalities of pre-independencesocial
Indians have also been aimed at overturning
prohibit
been used to abolish untouchability and thus,
practices. Specifically, they have also
They also
on thé grounds of religion, race, caste, gender or place of birth.
discrimination
cultural and
human beings and forced labour (a crime). They also protect
forbid trafficking of
was changed from
rights of religious establishments. Right to property
educational
fundamental right to 'legal right.
 FUNDAMENTAL DUTIES

The Fundamental
Duties are the moral
obligations of all citizens to help promote a spirit of
patriotism and to uphold
the unity of India. These duties set out in Part IV—Aof the
Constitution, concern
individuals and the nation. The fundamental duties of citizens were
dd the constitution by the
42nd Amendment in 1976, upon the recommendationsof
the Swaran Singh Committee
that was constituted by the government earlier that
year. Originally ten in number, the
fundamentalduties were increased to eleven by the 86th
Amendment in 2002.

The fundamental duties noted in the constitution are as

follows:
It shall be the duty of every citizen of India (Article 5 IA):

A": To abide by the Constitution and respect its ideals and institutions, the National Flag
and the National Anthem;
2. To cherish and follow the noble ideals which inspired our nåtional struggle for
freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render national service when called upon to do so;
5. To promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite culture;
7. To protect and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures;
8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of endeavour and achievement;
11. Who is a parent or guardian to provide opportunities for education to his child or, as
the case may be, ward between the age of six and fourteen years.

The other ftndamental duties obligate all citizens to respect the national symbols of India,
including the constitution, to cherish its heritage, preserve its composite culture and assist in
its defence.'They also Obligateall Indiaris to promote the spirit of common brotherhood,
 abjure violence, and
protect the environment and public property, develop scientific temper,
fundamental duties
strive towards excellence in all spheres of life. In case of violation of
Speaker,
enshrined in the constitution by a citizen including President, Vice President,
the
parliament members, state legislative members; etc. It amounts to contempt of
constitution which is punishableunder Prevention of Insults to National Honour Act, 1971.
Supreme Court has ruled that these fundamental duties can also help the court to decide the
constitutionality of a law passed by the legislature.
Directive Principles of State Policy of India (Part IV of Constitution of India)

e Directive Principles of State Policy of India are the guidelines or 15 principles given to
the federal institutes governing the State of India to be kept in citation while framing laws
and policies. These provisions, contained in Part IV of the Constitution of India, are not
enforceable by any court, but the principles laid döwn there in are considered in the
governance of the country, making it the duty of the State to apply these principles in making
laws to establish a just society in the country. The principles have been inspired by
the Directive Principles given in the Constitution of Ireland which are related to social
justice, economic welfare, foreign policy, and legal and administrative matters.

l. Directive Principles are classified under the following categories: economic and
socialistic, political and administrative,justice and legal, environmental, protection of
monuments, peace and security.
2. Directive Principies of State Policy aim to create social and economic conditions
under which the citizens can lead a good _life.They also aim to establish social and
economic democracy through a welfare state. Though the Directive Principles are-
non-justifiable right of the people but fimdamental in the governance of the country, it
shall be the duty of the State to apply these principles in making laws per Article 37.
Besides, all executive agencies of union and states should also be guided by these
principles. Even the judiciary has to keep them in mind in deciding cases.
3. The directive principles ensure that the State shall strive to promote the welfare of the
people by securing a social order in which social, economicand political justice is
animated/ informedin all institutionsof life as per Article 38 (I). Dr. Ambedkar
clarified as given below in the Constituent Assembly debates on Article 38
highlighting its inevitable implementation.
4. The State shall strive to minimise the inequalities in income and endeavour to
eliminate economic inequality as well,as inequalities in status and opportynities, not
only among individuals, but also among groups of people residing in different areas or
engaged in different vocations per Article 38 (2).
5. The State shall aim for securing right to an adequate means •of livelihood for all
citizens, both men and women as well as equal pay for equal work for both men and
women. The State should work to prevent concentration of wealth and means of
production in a few hands, and try to ensure that ownership and control of the material
resources is distributed to best serve the Commongood. Child abuse and exploitation
 14. Protection of monuments, places and objects of historic and artistic 'interest and
national importance against destruction and damage per Article 49 and separationof'
judiciary from executive in public services per Article 50 are also the obligationsof
the State as laid down in the directive principles.
15. Finally Article 51 ensure that the State shall strive for the promotion and mgintenance
of international peace and security, just and honourable relations between nations,
respect for internatiohal law and treaty obligations, as well as settlement of
international disputes by arbitration.
 The preamble
The preamble assures
the dignity Ofevery
Indian citizen
The preamble is
a brief introductory
the nation as well statementsetting out guidelines
as presenting principles for the people of
Preamble is the preface of the Constitution
which highlights the entire
fundamental values,
philosophy & ethos on
Constitutionand embodies
It includes Fundamental which our Constitution is based and built.
Rights (Liberty of thought,
worship) and Fundamental expression,belief, faith &
Duties (Justice, social, economic
& political).
Constitution
promote constitutional system and
values embodied in the Preamble
The following are the ideals and
objectives of our Constitution as delineated
in the Preamble:
The opening words of the Preamble
to the Constitution,'We the Peopleof
India', announce to the world that the
ultimate sovereignty rests with the people of India
whole. Accordingly, it is implied that as a
the constitutionalauthoritiesand organs
Government derive their power enly from the people of the
of India.
įSocialism: There are several articles in the Constitution
giving credence to the ideals of a
Welfare State which stands to end all forms of exploitation in all spheres of
existence. As per
the vision of the Constitution,•the State is duty boundto strive
for promotionof a social
order, in which justice, social, economic and political informs all
the institutionsof the
national life. The ownership and control of material resources of the
communityare to be
distributed as best to sub-serve the common good and the operation of the
economic system
should
detriment. The Constitution haé facilitated land reforms, promoted well-being of the working
class and advocated social control of all important natural resources and means of production
for the well-being of all sections of society. 'A basic minimum to all' has been the crux of
our public policies.

Z¯Secularism: India is home to almost all the major ryligions of the world. The ideal of
secularism in the Indian context implies that the State does not itself uphold any religionand
protects all religions equally. Our State is not guided by any religion or any religious
considerations. In tune with the liberty of 'belief, faith and worship' as promised in the
Preamble, the Constitution provides for prohibition of discriminationon the ground of
religion; entitles all persons right to freedom of religion including freedomof conscienceand
free profession, prgctise and propagation of religion, freedom to manage religious affairs,
freedom to pay taxes for promotion of any particular religion and freedom of attendanceat
religious instruction or religious worship in certain educational institutions;cultural and
educational -rights .including protection. of interests of minorities,aud their right •to-establish
and administer educational institutions.
—-3 Democracy: The term 'democratic' is used in the Preamble in the broader sense embracing
not only politieal demoCråcy bilt also social and economic :democracy. We have adopted
parliamentary democracy to ensure a responsible and stable Government which derives its
authority from the people and remains accountable to the people at all times. The people of
India elect their governments at different levels (Union, State and local) by a system of
universal adult franchise, with elections being held periodically to ensure the approval of the
people to the governments. All the citizens, without any discrimination on the basis of caste,
creed, colour, sex, religion or education, are allowed freedom of speech, thought and
expression and association. Democracy contributes to stability in society and it secures
peaceful change of governments. It also allows dissent and encourages tolerance and stands
for a constitutional government, Rule of Law, inalienablerights of citizens, independenceof
the Judiciary, free and fair elections and freedom of the Press. To develop a democratic
culture has always been an important objective and commitment under our Constitution.

Republic: Our country ceased to be a Dominion and declared itself a 'Republic' since the
making of the Constitution. The word 'Republic' implies that the Head of the State in India
shall'bean TheQresident ofrlndiæisthe
chief executive head of the country.

—e The Union and Its Territory

Part I—The Union and Its territories is a compilation of laws pertaining to
the constitution of India as a country and the union of states that it is made of. This part of the
constitution contains the law in the following examples—establishment,renaming, merging or
altering the borders of the states or union territories. It also physically defines the words
union / central' government / government of Indias states, territory of India, territory of a state,
union territories and acquired territories which are used frequently in the constitution.This
part contains four articles. These articles were invoked when West Bengal was renamed, and
for formation of relatively new .states such as Jharkhand, Chhattisgarh, Sikkim, etc.

Article I of the constitutionsays that India, that is Bharat, shall be a union of states and
the territory

The acquired territories can be converted in to state/states as per Article 2. Jammu and
Kashmir get converted to Union territory in 2019. Ladakh was also so converted.

Sikkim was a special case which was included as a completely new type of statehood under a
new Article 2A and conditions mentioned in tenth schedule, and was called 'associatestate'.
But this experiment failed and Sikkim was later added to Indian Union by Constitutional
Amendment Act (1975).

With the seventh amendment to the constitutionin 1956, the concept of Union territoryis
brought in to administer areas which are very small in area or governed by international
agreements or politically not evolved for locally elected governance. The representationof
seats in the council of states (Rajya Sabha) shall be as given in Schedule 4 of the constitution.
The territorial waters and the exclusiVe economic zones shall also become part of the
 territories of states or union territories
in the absence of any listing of them separately in
Schedule 1 and 4 of the constitution. There is no
separate
representation in parliament though
people inhabit on theseoffshore areas
forexploiting resources,suchas fisheries,oil and.gas,
etc.

The constitution (40th amendment) act,

1976, was passed during the emergency period and
received Presidential assent on 27 May 1976. It amended
the Article 297 (earlier also
amended by the constitution [15th 1963)so as to vest in Union of India all
lands, minerals, and other things of value underlying the ocean within the territorial waters or
continental shelf or exclusive economic zone of India.

The territorial waters, continental shelf, exclusive economiczone and other maritime zones
act, 1976 was enacted by the Indian government to notify the sovereign rights on these areas
for dealings with other countries.[31However, these maritime zones are also parts of the states
as they are not separately listed in schedule I of the constitution and union government (i.e.
union of states) has control over these territories.

States are not debarred from imposing taxes or royalty on the minerals extracted from the
.territorial waters anathe_.scJusive economiezone (whieharesundenstatesjuii$diction) as,per
serial no. 50 of state list in seventh schedule (Taxes on mineral rights subject to any
limitations imposed by Parliament by law relating to mineral development) of the
constitution.

Article 3 talks about Formation of new States and alteration of areas, boundaries or names of
existing States:

Article 3 says: Parliament may by law:

(a) Form a new State by separation of territory from any State or by uniting two or more
States or parts of States or by uniting any territory to a part of any State
(b) Increase the area of any State;
(c) Diminish the area of any State;
(d) Alter the boundaries of any State;
(e) Alter the name of any State;

Prbvåed tjiatå)0 Bifi for the purpose Shali be 'introduced m eiiher except
on the recommendation of the President and unless, where the proposal contained in the Bill
affects the area, boundaries or name of any of the States, the Bill has been referred by the
President to the Legislature of that State for expressing its views thereon within such period
as may be specified in the reference or within such further period as the President may allow
and the period so specified or allowed has expired

ExplanationI: In this article, in clauses (a) to (e), State includes a Union territory, but in the
proviso, State does not include a Union territory
 Explanation Il: The power conferred on Parliament by clause (a) includes the power to form a
new State or Union territory by uniting a part of any State or Union territory to any other
State or Union territory

xß
—ArtiCTe4 ishtfvöke&ÄOiGi enacted •titqæeFÄFtiClé"2Zfi É6FXKe
Småiginal, incidéntål
and the consequentiålprovisions needed for changing boundary of a state or union territory.
As per Article 4 (2), no such law framed under Article 4 (1), shall be deemed to be an
amendment of the constitution for the purposes of article 368.

Before 1971, there were few articles [Articles 4 (2), 169 (3)-1962, 239A (2)-1962, 244A
1969,para 7(2) of Schedule V and para 21(2) of Schedule VI] other than Article 368 which
permitted marginal amendments to.the constitution. However Article 4 (2) got superseded by
the 24th amendmentin the year 1971 to Article 368 (Power of Parliament to, amend the
Constitution and Procedure there for). Article 368 (1) was added by 24th amendmentwhich
says that notwithstandinganything in this Constitution,par*iamentmay in exercise of
its constituent power amend by way of addition, variation or repeal any provision of this
Constitutionin accordance with the procedure laid down in this article.Constituentpower
means eligibilityto frame constitutionand make amendmentsto the constitution.Supreme
courtobseryeWthaVarticIeß36bQIYelear.Iydefined,the scope,ofuconstituentpower which is
power to make amendments, variations or deletions to the constitution.Constituent
power conferred on the parliament must be exercised by it in accordance with the procedure
given in article 368 (2) and cannot be subjectedto an inferior legislativeprocedureunder
article 4 or delegated to an outside agency. Thus there is only one procedure for bringing an
amendment (including of marginal nature) to the constitution which is the procedure given in
Article 368. However, these superseded articles [Articles 4 (2), 169 (3), 239A (2), 244A (4),
356 (l)c, para 7(2) of ScheduleV and para 21(2) of Sche4uleVI] have been in use for
enacting laws for not contesting their validity in the court of law.

Citizenship
Article 5: Citizenship at •thecommencement of the Constitution:

The Constitutionof India provides for a single citizenshipfor the whole of India. Every
person who was at the commencement of the Constitution (26 January 1950) domiciled in the
or in
India, or (c) who has been ordinarily residentin India for not less than five years, becamea
citizen of India.

Article 6: Rights of citizenship of certain persons who have migrated to India from
Pakistan:
Notwithstandinganything in article 5: A person who has migrated to the territoryof India
from the territory now included in Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if:
 (a) He or either of his
parents or any of his
in the Government of grandparents
was born in India as defined
India Act, 1935(as originally
enacted);
In the case where such person
has so migrated before the nineteenth day of July,
1948, he has been ordinarily
resident in the !erritory of India since the date of his
migration, or
In Stich*PéiSon0håS'SO- migrated Vöfi nineteenth dåy Of
July, 1948, he has been registered as a
citizen of India by an officer appointed in
that behalf by the Government of the Dominion of India
on an application made
by him therefore to such officer before the commencement of this Constitution in
the form and manner prescribed by that Government:

Provided that no person shall be so registeredunless he has been resident in the territoryof
India for at least six months immediately preceding the date of his application.

Article 7: Rights of citizenship of certain migrants to Pakistan

Notwithstanding anything in Articles 5 and 6, a person who has after the first day of March,
1947, migrated from the territory of India to the territory now included in Pakistan shall not
be deemed to be a citizen of India:

Provided that nothing in this article shall apply to a person who, after having so migrated to
the territoy:npy PakistaJbyhascgtugngd.to theterritorypf,lndia under a permit for
resettlement or permanent return issued by or under the authority of any law and every such
person shall for the purposes of clause (b) of article 6. be deemed to have migrated to the
territory of India after the nineteenth day of July, 1948.

Article 8: Rights of citizenship of certain persons of Indian origin residing outside

India:
Notwithstanding anything in artiéle 5, any person who or either of whose parents or any of
whose grandparents was born in India as defined in the Government of India Act, 1935 (as
originally enacted), and who is ordinarily residing in any country outside India as so defined
shall be deemed to be a citizen of India if he has been registered as a citizen of India by the
diplomatic or consular representative of India in the country where he is for the time being
residing on an application made by him therefore to such diplomatic or consular
representative, whether before or after the commencement of this Constitution, in the form
and manner prescribed by the Government of the Dominion of India or the Government of
India.

Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens:

No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of
India by virtue of article 6 or article 8, if he has voluntarilyacquired the citizenshipof any
foreign State.
Article 10: Continuance of the rights of citizenship:

Every ,person who is or is deemed to be a citizen of India under any of the foregoing
provisions of this Part shall, subject to the provisions of any law that may be made by
Parliament, continue to be such citizen.

Article 11: Parliament to regulate the right of citizenship by law:

Nothing in the foreeejpgpypyisipns_of this Part shall derogate from thg power of Parliament
to make any provision with respect to the acquisition and termination of citizenshipand all
other matterS relating to citizenship.