CRASH COURSE

REVISION SHEETS

SESSION- 1

1. NATURE, FRAMING, FEATURES, PREAMBLE, TERRITORY, CITIZENSHIP

Date of Enforcement: 26th January 1950.

Total Provisions: 395
Total Chapters: 25

Enactment of the Constitution

-The idea to have a Constitution was given by MN Roy (pioneer of Communist Movement in

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India).

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-The Constitution was framed by the Constituent Assemble of India, set-up on Sixth May 1946
in accordance with the Cabinet Mission Plan, under the Chairmanship of

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Sachchidanand Sinha. Initially Dr. Rajendra Prasad and HC Mukheijee were elected as the
President and Vice-President respectively on 11th December 1946. BN Rau was appointed as
the Constitutional Advisor.

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-The total membership of the Constituent Assembly was 389 of these 292 were representatives

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of British States; 93 were representatives of Princely States and 4 were from the Chief
Commissioners Provinces of Delhi, Ajmer-Merwara, Coorg and British Baluchistan.

the Indian Constitution.

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-The Chairman of the Drafting Committee was Dr. BR Ambedkar also known as the Father of

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-The Constituent Assembly took 2 years, 11 months and 18 days to complete the Constitution.

given
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9A9Fimmediate
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-Some of the provisions related to citizenship, elections, and provisional Parliament etc. were

-The Constitution, is adopted on 26th November, 1949, contained a Preamble 395 Articles

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divided into 22 Parts and 8 Schedules. Presently, it has 465 Articles divided into 25 Parts
and 12 Schedules.
-The Constitution was delayed till 26th January because in 1929/on this day Indian National
Congress demanded Poonm Swaraj in I -dune Session, Chaired Nehru.
-The Constitution came into force on 26th January, 1950, known as Republic Day of India The
Constituent Assembly adopted our National Hag on 22nd July, 1947. It was designed by Pingali
Venkayya.
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SOURCES OF THE INDIAN 1O9S9N3R
CONSTITUTION
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Government of India Act, Federal scheme

1935 Declaration of emergency powers
Ordinance making power of president and governor
Office of governor
Power of federal judiciary
Administrative structure both at union and state level
 United Kingdom Rule of Law
Cabinet System
Prerogative Writs
Parliamentary Government
Bicameral Parliament
CAG Office
Single Citizenship
Law making procedures
USA Written Constitution
Vice-President as the Ex-officio Chairman ol Upper House
Fundamental Rights
Supreme Court
Provision of States
Independence of Judiciary and Judicial Review
Preamble
USSR
Australia
Fundamental Duties
Concurrent List
Joint sitting m the Preamble

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Japan
Germany
Canada
Procedure established by law

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Suspension of Fundamental Rights during the Emergency
Scheme of federation with a strong Union

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Distribution of powers between the Union and the States
Placing Residuary Powers with the Union

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Ireland Concept of Directive Principles of Stale Policy
Method of election of the President
South Africa

France

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Procedure for amendment of the constitution
Election of member of Rajya Sabha
Republic and the ideals of Liberty equality and fraternity in
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To the Preamble

PARTS OF THE INDIAN CONSTITUTION

Part I The Union and its Territory Articles 1-4

Part II Citizenship Articles 5-11
Part III Fundamental Rights Articles 12-35
Part IV Directive Principles of State Policy 9N3R Articles 35-51
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Part IV-A Fundamental
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Part V The Union Articles 52-151
Part VI The States Articles 152-237
Part VII Repealed Article 238
Part VIII The Union Territories Articles 239-241
Part IX (73rd The Panchayats Articles 243 - 243O
Amendment Act)
Part IX-A (74th The Municipalities Articles 243P-
Amendment Act) 243ZG
Part IX-B (97th The Co-operative Societies Articles 243ZH-
Amendment Act) 243ZT
Part X The Scheduled and tribal areas Articles 244-244A
 Part XI Relation between the Union and the States Articles 245-263
Part XII Finance, Property, Contracts and suits Articles 264-300A
Part XIII Trade, Commerce and Intercourse Articles 301-307
Part XIV Services under the Union and the States Articles 308-323
Part XIV-A (42nd Tribunals Articles 323A-
Amendment Act) 323B
Part XV Elections Articles 324-329
Part XVI Special provisions relating to certain areas Articles 330-342
Part XVII' Official Language Ai tides 343-351
Part XVIII Emergency Provisions Articles 352-360
Part XIX Miscellaneous Articles 361-367
Part XX Amendment of the Constitution Article 368
Part XXI Temporary, transitional and special Articles 369-392
provisions
Part XXII Short title, Commencement, Authoritative Articles 393-395
text in Hindi and repeals

SCHEDULES OF THE INDIAN CONSTITUTION

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First
Schedule

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Contains the list of the States and Union Territories.
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Second
Schedule
It consists of five parts:

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Part A: Emoluments to the President ul India and the Governors of States.

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Part B: Omitted by Constitution (Seventh Amendment) Act', T956.

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Part C: Contains provisions about the Speaker/Deputy Speaker or

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Chairman/Vice Chairman of the Lok Sabha, Rajya Sabha and State Legislative

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Assemblies or Councils.
Part D: Emoluments of the judges of the Supreme Court and Fligh Courts.
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Third
Schedule

Fourth
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Part E: Provision of Comptroller and Auditor General of India.

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Contains oaths and affirmations to be made by the Union and State Ministers,
Members of Parliament, State Legislatures, CAG, Supreme Court and High
Court Judges
Allocation of seats of each state and Union Territories in the Council of States.
Schedule
Fifth
Provision of administration and control of Scheduled Areas.
Schedule
Sixth Provision of administration of Tribal Areas of Assam,
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Schedule Mizoramtr-and also about
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Seventh Distribution of powers between the Union and the State Government. (Union
Schedule list, State list and Concurrent list)
Eighth
The 22 languages recognized by the Constitution.
Schedule
Ninth Acts and rules that are protected by Article 31B - land reforms (Added by 1 st
Schedule Constitutional Amendment Act, 1951).
Tenth Contains the provision of Anti-defection Law. (introduced by 52nd
Schedule Constitutional Amendment Act)
Eleventh Contains the 29 subjects over which the Panchayats have jurisdiction (added
Schedule by 73rd Constitution Amendment Act).
 Twelfth Contains the 18 subjects over which the Municipalities have jurisdiction (added
Schedule by 74th Constitutional Amendment Act).

PREAMBLE

We, the People of India, have solemnly resolved to constitute India

into a “Sovereign Socialist Secular Democratic Republic” and to
secure to all citizens:
Justice — social, economic and political;
Liberty — of thought, expression, belief, faith and worship;
Equality — of status and of opportunity;
and to promote among them all;
Fraternity — assuring the dignity of the individual and
the unity and integrity of the Nation;

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In our Constituent Assembly this twenty- sixth day of November, 1949,
DO HEREBY ADOPT, Enact and Give to ourselves this Constitution.

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Nature of the Indian State

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-Sovereign- Sovereign power is that which is absolute and uncontrolled. A State is sovereign
where there resides within itself a supreme and absolute power acknowledging no superior.

any outside authority.

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Thus the word ‘sovereign’ emphasizes that India is independent and no more dependent upon

had9Aa9Fsocialist
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3A

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-Socialist- Even before the term was added by the 42nd Amendment in 1976, the Constitution
content in the form of certain Directive Principles of State Policy. Notably, the
Indian brand of socialism is a 'democratic socialism' and not a 'communistic socialism' (also

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known as 'state socialism') which involves the nationalisation of all means of production and
distribution and the abolition of private property. Democratic socialism, on the other hand,
holds faith in a 'mixed economy' where both public and private sectors co-exist side by side'.
As the Supreme Court says, 'Democratic socialism aims to end poverty, ignorance, disease and
inequality of opportunity. Indian socialism is a blend of Marxism and Gandhism, leaning
heavily towards Gandhian socialism'.

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-Secular- A distinctive feature of the Indian Constitutiontr-5R7L2T1Ois that it provides for the
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establishment of a secular State. Religious toleration is the essence of the secular State. A
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secular state is logically a democratic State. Freedom, tolerance and equality are its pillars.
Every citizen gets equality of opportunity for the realization of his full stature. Regardless of
their religious beliefs, all .Indian citizens enjoy equal rights. The State cannot discriminate
against anyone on the ground of his religion, nor can the State compel anybody to pay taxes
for the support of any particular religion. The Constitution regards religion as a private affair
of individuals and prohibits the State from interfering with it. (The 42 nd Constitutional
Amendment of the Constitution, 1976 + Article 44 of Directive Principles and Article 51A of
Fundamental Duties + SR Bommai vs. Union of India, 1994.)

-Democratic- A democratic polity, as stipulated in the Preamble, is based on the doctrine of

popular sovereignty, that is, possession of supreme power by the people.The Indian
 Constitution provides for representative parliamentary democracy under which the executive
is responsible to the legislature for all its policies and actions. Universal adult franchise,
periodic elections, rule of law, independence of judiciary, and absence of discrimination on
certain grounds are the manifestations of the democratic character of the Indian polity. The
term 'democratic' is used in the Preamble in the broader sense embracing not only political
democracy but also social and economic democracy.

-Republic- A democratic polity can be classified into two categories—monarchy and republic.
In a monarchy, the head of the state (usually king or queen) enjoys a hereditary position, that
is, he comes into office through succession, eg, Britain. In a republic, on the other hand, the
head of the state is always elected directly or indirectly for a fixed period, eg, USA. Therefore,
the term 'republic' in our Preamble indicates that India has an elected head called the president.
He is elected indirectly for a fixed period of five years.

Objectives of the Constitution

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-Justice- The term 'justice' in the Preamble embraces three distinct forms—social, economic
and political, secured through various provisions of Fundamental Rights and Directive

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Principles. Social justice denotes the equal treatment of all citizens without any social

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distinction based on caste, color, race, religion, sex and so on. It means absence of privileges
being extended to any particular section of the society, and improvement in the conditions

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of backward classes (SCs, STs and OBCs) and women.

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-Liberty- The term 'liberty' means the absence of restraints on the activities of individuals, and

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at the same time, providing opportunities for the development of individual personalities. The

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Preamble secures to all citizens of India liberty of thought, expression, belief, faith and

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worship, through their Fundamental Rights, enforceable in court of law, in case of violation.
Liberty as elaborated in the Preamble is very essential for the successful functioning of the

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Indian democratic system. However, liberty does not mean `license' to do what one likes, and
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has to be enjoyed within the limitations mentioned in the Constitution itself. In brief, the liberty

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conceived by the Preamble or fundamental rights is not absolute but qualified.

-Equality- The term 'equality' means the absence of special privileges to any section of the
society, and the pro-vision of adequate opportunities for all individuals without any
discrimination. The Preamble secures to all citizens of India equality of status and opportunity.
This provision embraces three dimensions of equality—civic, political and economic.

-Fraternity- Fraternity means a sense of brotherhood. tr- The 2T1O9S9N3R promotes this felling
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2T1O9Scitizenship. Also, the Fundamental Duties (Articles 51-A)
of fraternity by the systemtr-of single
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say that is shall be the duty of every citizen of India to promote harmony and the spirit of
common brotherhood amongst all the people of India transcending religious, linguistic,
regional or sectional diversities. The Preamble declares that fraternity has to assure two things
the dignity of the individual and the unity and integrity of the nation. The word ‘integrity’ has
been added to the preamble by the 42nd Constitutional Amendment (1976).

Amendment of the Preamble

In the Berubari Union Case (1960), the SC held that Preamble is not a part of the
Constitution. On this basis it was argued that since it is not a part of the Constitution,
 Parliament cannot amend the Preamble by virtue of its amending powers under Article 368 of
the Constitution.

However, the Supreme Court in the Kesavananda Bharati case (1973) overruled its earlier
decision and held that the Preamble is a part of the Constitution and it is subject to the
amending power of Parliament like any other provisions of the Constitution, provided the
‘basic structure of the Constitution’ as found in the Preamble is not destroyed.

42nd Constitutional (Amendment) Act, 1976 The 42nd Amendment brought about
substantial changes of far-reaching consequences. It was enacted during an emergency
imposed by Mrs. Gandhi. The amendments were so comprehensive in nature that it was a
‘Mini Constitution' in itself. The main provisions of this amendment were:

• The words ‘SOCIALIST’, ‘SECULAR’,_ and ‘INTEGRITY’ were added to the Preamble.
• Fundamental Duties were added in Part IV-A

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• Directive Principles were given precedence over Fundamental Rights and any law- made to

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this effect by Parliament was kept beyond the scope of judicial review by the Courts. Thus, it
made the power of Parliament supreme insofar as amendment of the Constitution was
concerned.

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• It authorized the Supreme Court lo transfer certain cases from one High Court in another
and redefined the writ jurisdiction of the High Courts.

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• Provided for the creation of All India Judicial service.
• It provided Administrative Tribunals for speedy justice.

order situation.

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• Empowered the Union to deploy armed forces in any State to deal with the grave law and

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• Authorized the President, to make Proclamation of Emergency for any part of the country
as well

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• By this amendment, it was made obligatory for the President to act on the advice of the

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Council
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• Tenure of the Lok Sabha and the State Assemblies was increased by one-year.

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CITIZENSHIP IMPORTANT AMENDMENT
Citizenship Amendment Act, 2019

The Minister of Home Affairs introduced the Citizenship 2T1O9S9N3R

(Amendment)
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Lok Sabha. It is scheduled be9Staken up for discussion and passing by the House later
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today. The Bill amends the Citizenship Act, 1955, and seeks to make foreign illegal migrants
of certain religious communities coming from Afghanistan, Bangladesh, and Pakistan eligible
for Indian citizenship. In this blog, we look at the criteria for determining citizenship in India,
discuss how the Bill proposes to change the criteria, and highlight other key changes proposed
by the Bill.

Can illegal migrants acquire citizenship under 2019 Act?

An illegal migrant is prohibited from acquiring Indian citizenship. An illegal immigrant is a

foreigner who either enters India illegally, i.e., without valid travel documents, like a visa and
passport, or enters India legally, but stays beyond the time period permitted in their travel
 documents. An illegal migrant can be prosecuted in India, and deported or imprisoned. In
September 2015 and July 2016, the central government exempted certain groups of illegal
migrants from being imprisoned or deported. These are illegal migrants who came into India
from Afghanistan, Bangladesh, or Pakistan on or before December 31, 2014, and belong to the
Hindu, Sikh, Buddhist, Jain, Parsi, or Christian religious communities.

How does the Bill seek to change the criteria for determining citizenship?

The Bill proposes that the specified class of illegal migrants from the three countries will not
be treated as illegal migrants, making them eligible for citizenship. On acquiring citizenship,
such migrants shall be deemed to be Indian citizens from the date of their entry into India and
all legal proceedings regarding their status as illegal migrants or their citizenship will be closed.
The Act allows a person to apply for citizenship by naturalization, if the person meets certain
qualifications. One of the qualifications is that the person must have resided in India or been
in central government service for the last 12 months and at least 11 years of the preceding 14

relaxed from 11 years to five years.

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years. For the specified class of illegal migrants, the number of years of residency has been

Are the provisions of the 2019 Act applicable across the country?

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The Bill clarifies that the proposed amendments on citizenship to the specified class of illegal
migrants will not apply to certain areas. These are: (i) the tribal areas of Assam, Meghalaya,
Mizoram, and Tripura, as included in the Sixth Schedule to the Constitution, and (ii) the states

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regulated by the “Inner Line” permit under the Bengal Eastern Frontier Regulations

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1873. These Sixth Schedule tribal areas include Karbi Anglong (in Assam), Garo Hills (in

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Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas District. Further, the

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Mizoram,
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Inner Line Permit regulates visit of all persons, including Indian citizens, to Arunachal Pradesh,

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NRC- National Register for Citizens

At its core, the NRC is an official record of those who are legal Indian citizens. It includes
demographic information about all those individuals who qualify as citizens of India as per the
Citizenship Act, 1955. The register was first prepared after the 1951 Census of India and since
then it has not been updated until recently.
So far, such database has only been maintained for the state 7L of Assam.
9N3RHowever, on November
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20, Home Minister Amit Shah declared
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3R a parliamentary session that the register would
be extended to the entire country.
 SESSION- 2

2. FUNDAMENTAL RIGHTS, DIRECTIVEPRINCIPLES OF STSTE POLICY,

FUNDAMENTAL DUTIES

FUNDAMENTAL RIGHTS
(Articles 12 to 35 under Part -3)

DEFINITION & NATURE

A Fundamental-Right is defined as an interest protected byJhe superior or basic law of the

land. Its inclusion in the Constitution provides these rights a sanctified place that prohibits
unreasonable interference of State in their exercise or enjoyment and also prevents legislature
and the executive (i.e. State as defined by-Article 12) from becoming arbitrary or
authoritarian. Thus, these rights act as limitations on the State.

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Article 12- In this Part, unless the context otherwise requires, “the State’’ includes the

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Government and Parliament of India and the Government and the Legislature of each of the
States and all local or other authorities within the territory of India or under the control of
the Government of India.
(a) the Government of India;
(b) the Parliament of India;

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(c) the government of each of the States;

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(d) the Legislature of each of the States; and

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(e) all local or other authorities within the territory of India or under the control of the

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Government of India.

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Central Bank of
India, 1952 o
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vs.Fundamental rights are against State: Bank confiscated property on
loan default. SC held that fundamental rights are available against
the state and not against private individuals because there already
are enough safeguards under ordinary laws for such disputes.
Rajasthan Electricity What is State: Definition of State is not narrow. It includes all such
Board vs. Mohan Lal entities that are constituted by the State. Electricity Board and a
, 1996 & Sukhdev vs. University are States. Overruled Univ. of Madras vs. Santa Bai.
Bhagatram, 1975 ONGC, LIC, Industrial Finance Corp. are all states because the rules
and regulations made by them have the force
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R.D.Shetty vs. The Court 9N laid
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International 1) Entire share capital is owned or managed by State.
Airport Authority, 2) Enjoys monopoly status.
1979 SCR (3)1014. 3) Department of Government is transferred to Corporation.
4) Functional character governmental in essence.
5) Deep and pervasive State control.
6) Object of Authority
Ajay Hasia vs. It has been held that whether a statutory body falling within the
Khalid Mujib purview of the expression “other authorities” is to be considered
Sehravardi, differently. In the opinion of the minority, the tests laid down, in
(1981) 1 SCC 722. this case, are relevant only for the purpose of determining whether
an entity is an “instrumentality or agency of the State”.
 Article 13-
(1) All laws in force in the territory of India immediately before the commencement of this
Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the
extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by
this Part and any law made in contravention of this clause shall, to the extent of the
contravention, be void.
(3) In this article, unless the context otherwise requires,— (a) “law” includes any Ordinance,
order, bye-law, rule, regulation, notification, custom or usage having in the territory of
India the force of law; (b) “laws in force” includes laws passed or made by a Legislature or
other competent authority in the territory of India before the commencement of this

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Constitution and not previously repealed, notwithstanding that any such law or any part

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thereof may not be then in operation either at all or in particular areas.
[(4) Nothing in this article shall apply to any amendment of this Constitution made
under article 368.]

Marbury vs.

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US SC held that the judiciary has the power to review actions of Art 13

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Madison, the legislature. The concept of Judicial Review started from JR

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US 1803 here.
Only Section 14 of Preventive Detention Act 1950 was Art 13

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AK Gopalan
vs. State of held unconstitutional. Whole act except this section is Severabili
Madras, 1950 valid.

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In Romesh Thaper vs. State of Madras, SC held that only if the

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unconstitutional portions cannot be removed then the whole act
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Towill be utra vires and thus unconstitutional.

Bhikaji vs. State Govt. of Central Province monopolized motor transport by an
of MP 1954 act. SC held that the pre-constitutional law that violates
fundamental rights is not void ab initio. It is merely eclipsed.
When Art 19 was amended to allow state to monopolize any
Art 13
Eclipse

business, the said act became constitutional again.

Deep Chand vs. S Doctrine of Eclipse does not apply to Post-Constitutional law Art 13
of UP , 1959 because such a law is void ab initio. Eclipse
Basheshar Nath The appellant had reached a settlement with IT dept.
9N3R to pay 3 lac Art 13
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vs. Income Tax per month for taxes that he owed under IT act. However, later that
9N3R Waiver
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Commissioner act was determined to be unconstitutional. So he challenged the
1959 settlement. IT dept argued that he had waived his right by
reaching a settlement.
SC held that, unlike USA, Indian constitution does not follow
Doctrine of Waiver. Fundamental rights are an obligation
imposed upon the state by the constitution. It is the court’s duty
to enforce them.
 Keshavanand SC held that constitutional amendments do not fall under “laws” Art 13
Bharti vs. as meant in art 13. It held that “Law” in art 13 means rules Meaning
State of and regulations made under ordinary legislative powers and not of “law”.
Kerala amendments made under constitutional powers. Thus,
1973 Constitution (24th Amendment Act) Act 1971 by which the 4th
clause was added to art 13 was valid. Art 13(4) says, “Nothing
in this article shall apply to any amendment of the constitution
made under art 368.”
State of Gujarat Overruled Deep Chand’s case and held that Doctrine of Eclipse Art 13
vs. Ambica Mills is applicable to non-citizens. Eclipse
1974
39th Through this amendment, the disputes or questions regarding
Constitutional elections of President, Vice-President, Prime Minister and
(Amendment) Speaker of Lok Sabha were taken out of the purview of judicial
Act, 1975 review of the Courts.
Dulare Lodh vs.
3rd Additional
District Judge,
applicable to citizens as well.

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Held that Doctrine of Eclipse to post-constitutional law is Art 13
Eclipse

1984
L Chandra

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The power of judicial review of legislative action as vested in SC Art 13
Kumar vs. Union by art 32 and in HC by art 226 is a basic feature of the
of India
1997 amendment.

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constitution and cannot be curtailed even by constitutional

CONFLICT BETWEEN ARTICLE 13 (4) VS. 368

CLASSIFICATION OF FUNDAMENTAL RIGHTS

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Article 14
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Article 15
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Equality before law and equal protection of laws

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Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 16
Article 17
Article 18
Article 19
Article 20
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Equality of opportunity in matters of public employment
Abolition of Untouchability
Abolition of titles (except military and academic)
Protection of six rights regarding freedom .
Protection in respect of conviction for offences
Article 21 Protection of life and personal liberty
Art. 21A Right to education
Article 22 Protection against arrest and detention in certain 7L2T1O9S9N3R
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Article 23 Prohibition of traffic in1Ohuman
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Article 24 Prohibition of employment of children in factories etc.
Article 25 Freedom of conscience and tree profession, practice and propagation of religion
Article 26 Freedom to manage religious affairs
Article 27 Freedom from payment of taxes for promotion of any particular religion
Article 28 Freedom from attending religious instructions or worships in certain educational
institutions
Article 29 Protection of interests of minorities
Article 30 Right of minorities to establish and administer educational institutions
Article 32 Right to Constitutional remedies
Article 33 Power of Parliament to modify the rights conferred by this part in their application
to Forces etc.
 Article 34 Restriction on rights conferred by this part while martial law is in force in any area
Article 35 Legislation to give effect to the provisions of this part

RIGHT TO EQUALITY (ARTICLE 14-18)

Equality before law and equal protection of laws (Article 14)

Article 14 guarantees to all persons (citizens as well as non-citizens) equality before the law
or the equal protection of the laws within the territory of India. While Article 14 forbids class
legislation, it permits reasonable classification of persons, objects and transactions by the law.
But the classification should not be arbitrary, artificial or evasive. Rather, it should be based
on an intelligible differential and substantial distinction.

Anwar Ali Sarkar vs. SC held that since there was no clear guideline for which cases will be
State of WB, 1952 referred to the special court, it violated art 14. The object of the act “to

classification.
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provide speedier trial to certain cases” is too vague for intelligible

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Kathi Ranning vs. State SC held that since there were proper guidelines for determining which

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of Saurashtra, 1952 cases should be referred to the special court, it does not violate art 14.

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Krishna Singh vs. S of SC held that separate rules for land revenue for Marwar region is valid.
Rajasthan, 1955

UP, 1955
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Sagir Ahmed vs. State of Creating a monopoly in favor of State is valid because State as a person is

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a class in itself which is different from other person.
EP Royappa vs. State of New Concept of equality: Lack of arbitrariness. J Bhagwati - “Equality
Tamil Nadu,
1974

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is a dynamic concept with many aspects and dimensions and it cannot be
cribbed, cabined, or confined with traditional and doctrinaire
limits....Equality and arbitrariness are sworn enemies.”
Air India vs.
Nargis
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1981
Meerza,
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An airhostess would be retired upon: 35 yrs of age, marriage if within
first 4 years of service, or first pregnancy, whichever occurs earlier. MD
has the discretionary power to allow service.

Randhir Singh vs.

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T SC held that the clause of first pregnancy was totally unreasonable because it
force the AH to not have children at all. Discretionary powers to the MD
also violate art 14.
Held that unequal scales of pay based on irrational classification invalid.
Equal pay for equal work has since became a fundamental right.
1982
D S Nakara vs. Union of J Desai assimilated the doctrines of classification and doctrine of
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India, arbitrariness. 9N3R tr-5R7L2T1O9S
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1983 SCtr-struck down rule 34 of Central services pension rule 1972 on the ground
that classification made by it between pensioners retiring before and after
a certain date is arbitrary and so violates art 14.
Venkateshwara Tax slabs were created for different kinds of theaters such as air-
Theaters vs. State of conditioned, air-cooled, ordinary. SC held this classification to be valid.
AP, 1993
 SESSION- 3

Right against Discrimination (Article 15)-

Article 15 (1) directs that the State shall not discriminate against any citizen on grounds only
of religion, race, caste, sex or place of birth or any of them. Article 15(1) mentions the
prohibited grounds in any matter which is within the control of the State.
Article 15(2) prohibits citizens themselves as well as the State from making such discrimination
with regard to access to shops, hotels, public restaurants and all places of public
entertainment or the use of bathing ghats, public resort, wells, tanks, roads, etc.
Article 15(3) gives power to the State to make special provisions for women and children.
Article 15(4) has been added by the 1st Constitutional Amendment Act, 1951, in order to
make any special provision for the advancement of any socially and educationally backward
classes of citizens or for the Scheduled Castes and Scheduled Tribes.
Article 15(5) was introduced by 93rd Constitutional Amendment Act, 2005. It empowers

m
the State to make special provisions by law for the advancement of any social and

o
educationally backward classes of citizen or for the SCs and STs for their admission to
educational institutions including private educational institutions, whether aided or unaided
by the State, except the minority educational institutions.

Special provisions for women and children

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k e
Nothing in this Article shall prevent the State from making any special provision for women
and children. [Art. 15(3)]. This clause is an exception to the rule against discrimination. Thus,

n
provision of maternity relief for women workers (Art. 42), or of free education for children

a
(Art. 45) or measures for prevention of their exploitation [Art. 39(f)] will not amount to

r
contravention of Art. 15. The drafting of this clause leaves much to be desired. First of all,

children
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since Art. 15(1) does not include age as a prohibited ground of discrimination, the reference to

o
9A9F3A in Art. 15(3) serves no purpose.
Champakam Dorairajan vs. Prompted the addition of 15(4) that allows state to make special

1953 T
State of Madras, 1951

State of Rajasthan vs.

Pratap Singh ,1960
provisions for SCs, STs and other backward classes.
Nayansukh Das vs. S of UP Separate Electoral rolls based on religion was held invalid.

Additional taxes for police protection for everybody in a colony

except Muslims and Harijans was held invalid.
DP Joshi vs. State Place of residence valid ground for classification. Not prohibited
of MP 1960 by 15(1). College charged capitation fee from non-mp students.
Balaji vs. State of Reservation cannot exceed tr-50%. 1O9S9N3R
5R7L2TCaste should not be the only
1O 9S 9N 3R
Mysore tr-5Rcriterion.
7L 2T

1963 Classification of backward and more backward is invalid. Art 16(4)

is an exception to Art 16(1).
Classes mentioned in 16(4) are same as in 15(4).
23 Constitutional Extended the reservation of seats for the SCs and STs and to the
(Amendment) Anqlo-lndian community by nomination in the Lok Sabha and the
Act, 1969 state question legislative assemblies for a further period of ten
years (i.e. up to 1980).
State of MP vs. Complete relaxation of qualifying marks for SCs/STs for
Nivedita Jain 1981 admission to medical courses is valid and does not violate either
Article 14, 15(1), 15(2), or 15 (4).
 93rd It added Article 15(5) under which the state can make special
Constitutional provision for the advancement of any socially and educationally
(Amendment) backward classes of citizens or for the SC or ST for admission
Act, 2005 to educational institutions including private educational
institutions whether aided or unaided by the State, other than
minority educational institutions.

103rd THE CONSTITUTION (AMENDMENT) ACT, 2019

In article 15 of the Constitution, after clause (5), the following clause shall be inserted,
namely:—

‘Clause (6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of
article 29 shall prevent the State from making,—
(a) any special provision for the advancement of any economically weaker sections of citizens
other than the classes mentioned in clauses (4) and (5); and

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(b) any special provision for the advancement of any economically weaker sections of citizens

c
other than the classes mentioned in clauses (4) and (5) in so far as such special provisions

rs .
relate to their admission to educational institutions including private educational institutions,
whether aided or unaided by the State, other than the minority educational institutions referred
to in clause (1) of article 30, which in the case of reservation would be in addition to the

category.

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existing reservations and subject to a maximum of ten per cent. of the total seats in each

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Explanation.—For the purposes of this article and article 16, "economically weaker

a
sections" shall be such as may be notified by the State from time to time on the basis of family
income and other indicators of economic disadvantage.’. 3.

In 9A
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article
9F3A
namely:—
o p
16 of the Constitution, after clause (5), the following clause shall be inserted,

T
"Clause (6) Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any economically weaker sections of citizens
other than the classes mentioned in clause (4), in addition to the existing reservation and
subject to a maximum of ten per cent. of the posts in each category.".

Equality of Opportunity (Article 16)

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Article 16 deals with equality opportunity in matters of public employment.

Article 16(1) guarantees equality of opportunity to all citizens in the matters relating to
employment or appointment to any office under the State.

Article 16(2) provides that no citizen can be discriminated against or be ineligible for any
employment or office under the State on grounds only of religion, race, caste, sex, descent,
place of birth or residence or any of them.

In Article 16 clauses 3, 4 and 5 are the three exceptions to this general rule of equality of
opportunity.
 What Article 16 guarantees is equality of opportunity in matters of appointment in State
services. It does not prevent the State from prescribing the necessary qualifications and
selective tests for recruitment for government services. The qualifications prescribed may be
mental excellence, physical fitness, sense of discipline, moral integrity and loyalty to the State
etc. Where the appointment requires technical knowledge, technical qualifications may be
prescribed. Character and antecedents of candidates may be taken into consideration for
appointment in government service.

Article 16(3) forbids discrimination on the grounds of residence. However, there may be good
reasons for reserving certain posts in a State for the residents only. This Article empowers
Parliament to regulate by law the extent to which it would be permissible for a State to depart
from the above principle.

Article 16(4) empowers the State to make special provision for the reservation of
appointments or posts in-favour of any backward class of citizens which in the opinion of the

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State are not adequately represented in the services under the State. Thus Article 16(4) applies

o
only if two conditions are satisfied:
(1) the class of citizen is backward, i.e. socially and educationally, and

.c
(2) the said class is not adequately represented in the services of the State. The second test
cannot be the sole criterion.

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e
Article 16(4A) introduced by the 77th constitutional Amendment Act, 1995 provides for

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reservation of seats in matter of promotion, with consequential seniority for Scheduled Castes
and Scheduled Tribes.

an
Article 16(4B) introduced by the 81st constitutional Amendment Act, 2000 provides for

r
carrying over of unfilled vacancies reserved for SC/ST to subsequent years. This is commonly

tr-5G7D2B1G
9A9F3A

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referred to as “carry forward rule”.

o
Article 16(5) says that a law which provides that a person holding an office in connection with

to this Article.T
the affairs -of a religious or denominational institution etc. shall be a person professing the
same religion or belonging to a particular denomination shall not be treated to be repugnant

Muller vs. State of Muller was convicted of violating Oregon’s labor laws restricting
Oregon working hours of women.
1908 SC upheld the conviction on the grounds that women deserve
preferential treatment (+ive sex 7L2T1O9S9N3R
tr-5Rdiscrimination).
7L2T1O 9S 9N 3R
"That
tr-5R woman's physical structure and the performance of maternal
functions place her at a disadvantage in the struggle for subsistence is
obvious. This is especially true when the burdens of motherhood are
upon her. Even when they are not, by abundant testimony of the medical
fraternity continuance for a long time on her feet at work, repeating this
from day to day, tends to injurious effects upon the body, and as
healthy mothers are essential to vigorous offspring, the physical well-
being of woman becomes an object of public interest and care in order
to preserve the strength and vigor of the race." 208 U.S. at 412
 Yusuf Abul Aziz vs. Section 497 of IPC that punishes only a man for adultery even if
State of Bombay women is guilty of abetting the crime, is valid because it does not
1954 discriminate only on the basis of sex, which is prohibited by Art 15.
Art 15(3) allows special provisions for women.
Devdasan vs. Union of Carry forward rule invalid.
India, 1964
Trilokinath vs. State of Classification require two conditions:
J&K, 1. Class must be backward.
1967 2. Class is not adequately represented in govt. services.
Second condition alone is not sufficient.
NM Thomas vs. State of Reservation in promotions valid.
Kerala 1976 Relaxation of time for passing a test for SC/ST is valid.
16(4) is not an exception to 16(1) and reservation can be done under
16(1) itself.
ABSK Union vs. Union Carry forward rule valid.
of India
1981 excessive. 64.4% was not considered excessive.

o m
50% is a guideline and reservation may exceed 50% but should not be

Randhir Singh vs. Union Equal Pay for equal work. SC held that equality in wages is indeed a

c
of India
1982
Indra Sawhney vs.
constitutional remedies given under Art 32.

rs .
constitutional goal and is capable of being enforced through

Caste can be a criterion for identification of backward classes.

Union of India
1993

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Economic condition need not be the only criterion.
16(4) is not an exception to 16(1). Reservation is valid under 16(1)
itself because of the doctrine of reasonable classification adopted by


n
Art. 14. 16(4) is just an instance of classification.

a
Classes mentioned in 16(4) are NOT same as in 15(4) but much

r
wider. 15(4) == Socially and economically backward classes and

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9A9F 3A

o  pSCs, STs.16(4) == ANY backward class that is not adequately

represented in govt. services.
Creamy layer must be excluded.

T 




Backward and more backward – valid.
Only economic criteria – not valid.
Reservation cannot exceed 50%.
Any new criteria must be discussed only in SC.
Reservation in promotions – not valid. This was nullified by 77th
amd. 1995- 16 (4A), that allows reservation in promotions.
State of AP vs. PB SC held that the rule 22A introduced by AP govt. that reserves posts
9N3R
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Vijayakumar for women is
9N3R valid. It held that art 15(3) is a recognition of the fact
tr-5R7L2T1O9S
1995 that women of this country have been for centuries socially and
economically backward and so they are unable to participate in the
socio-economic progress of the country on an equal footing. Thus,
the making special provisions for women in employment is an
integral aspect of 15(3) and there is no need for its explicit mention
in art16. The power inherent in art 15(3) is not whittled by art 16.
85th Constitutional This Amendment provided for the reservation in matters of promotion
(Amendment) Act, with consequential' seniority. Article 16(4A)
2001
 SESSION- 4

RIGHT TO FREEDOM (ARTICLE 19-22)

Right to Six Democratic Freedoms (Article 19)

(1) All citizens shall have the right—

(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; [and]
(g) to practise any profession, or to carry on any occupation, trade or business.

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(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or
prevent the State from making any law, in so far as such law imposes reasonable restrictions

c
.
on the exercise of the right conferred by the said sub-clause in the interests of [the sovereignty

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and integrity of India,] the security of the State, friendly relations with foreign States,
public order, decency or morality, or in relation to contempt of court, defamation or

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incitement to an offence.

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(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law

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in so far as it imposes, or prevent the State from making any law imposing, in the interests of

a
[the sovereignty and integrity of India or] public order, reasonable restrictions on the

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exercise of the right conferred by the said sub-clause.

p
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(4) Nothing
3A
9A9F in sub-clause (c) of the said clause shall affect the operation of any existing law
tr-5G7D2B1G
in so far as it imposes, or prevent the State from making any law imposing, in the interests of

T
[the sovereignty and integrity of India or] public order or morality, reasonable restrictions
on the exercise of the right conferred by the said sub-clause.

(5) Nothing in [sub-clauses (d) and (e)] of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law imposing,
reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses
either in the interests of the general public or for the protection of the interests of any
Scheduled Tribe. 9N3R
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(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law
in so far as it imposes, or prevent the State from making any law imposing, in the interests of
the general public, reasonable restrictions on the exercise of the right conferred by the said
sub-clause, and, in particular, [nothing in the said sub-clause shall affect the operation of any
existing law in so far as it relates to, or prevent the State from making any law relating to,—
(i) the professional or technical qualifications necessary for practising any profession or
carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by
a corporation owned or controlled by the State, of any trade, business, industry or
service, whether to the exclusion, complete or partial, of citizens or otherwise].
 Romesh Romesh Thaper was the publisher of Cross Roads, a left leaning paper,
Thaper vs. critical of Govt. State of Madras banned its entry and circulation in Madras on
State of the grounds of public safety.
Madras, SC held freedom of circulation is covered under freedom of speech and that
1959 public safety is out of scope of Art 19 (2).
After this, in Constitution 1st Amendment, Art 19 (2) was amended to include
public order, security of state, incitement of offence as grounds for restricting
the freedom of speech and expression.
Hamdard Obnoxious and Fraudulent advertising is not protected.
Dawakhana vs.
Union of India,
1960
16th This effected changes in Article 19 to Sabhawar enable Parliament to make
Constitutional laws providing reasonable restrictions on the freedom of expression in the
(Amendment) larger interests of sovereignty and integrity of India. It also brought
Act, 1963
on upholding the sovereignty and, integrity of India.
Ranjit Udeshi Bookseller banned for selling obscene books.

c o m
amendment in form of oath contained in the Third Schedule and emphasized

vs. State of
Maharastra,
1965

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vs. Union of

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Prabhu Dutt People have right to know news and functioning of the govt.

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India, 1982
LIC vs.

Shah,
1992
p r a
Manubhai wrote an article in LIC's magazine about the problems with LIC
Manubhai D that affected policy holders. LIC published a response to that but did not give a
chance to publish a rejoinder. SC held that LIC being a State as per Art 12,
must publish his response. It also held that it does not mean everybody has a
tr-5G7D2B1G
9A9F3A

Toright to publish in a magazine and this right should be determined on a case

by case basis.
Tata Press Ltd. Commercial adverts are protected under freedom of speech.
vs. MTNL,
1995
Ministry of I& SC has held that one has the right to publicize his expression as well. A game
B vs. CAB , of cricket is an expression and the organizers have a right to propagate it
1995 everywhere in the world. So Doordarshan must provide its up linking
facilities to CAB for transmitting the signals out
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1O9S
country. Art 3R
tr-5R19 (2) does not allow restrictions on 19 (1) (a) on the grounds
7L2T 1O9S 9N

of creating monopoly of the govt.

CPI (M) vs. Bandhs are illegal.
Bharat Kumar,
1998
Association for People have right to know about the assets, liabilities, wealth, education
Democratic of the candidate before voting.
Reforms vs.
Union of India,
2002
 97th Added the words "or co-operative societies" after the word "or unions" in
Constitutional Article 19(l) (c) and inserted article 43B i.e., Promotion of Co-operative
(Amendment) Societies and added Part-IXB i.e THE CO-OPERATIVE SOCIETIES
Act, 2012

Protection in respect of conviction for offences (Article 20)

(1) Retrospective criminal legislation,

(2) Double jeopardy or punishment for the same offence more than once, and
(3) Compulsion to give self-incriminating evidence.
The significance of this Article lies in the fact that 44th Amendment Act has provided that it
cannot be suspended even during an emergency by an order of the President under Article
359.

m
Protection against arrest and detention (Article 22)

states that

.c o
Article 22 provides procedural safeguards against arbitrary arrest and detention. Article 22

rs
(1) No person who is arrested shall be detained in custody without being informed of the
grounds for such arrest;

e
(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 arrest; and

authority of a magistrate.

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(3) No such person shall be detained in custody beyond the said period (24 hours) without the

n
The above safeguards are not, however, available to (a) an enemy alien, (b) a person arrested

r
or detained under a law providing for preventive detention.

p
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Some 3A
of the preventive detention acts enacted by Parliament are Conservation of Foreign
9A9F
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Exchange and Prevention of Smuggling Activities Act (COFEPOSA) 1974, National.

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Security Act (NASA), 1980, Terrorist and Disruptive Activities (Prevention) Act
(TADA), 1985, repealed in 1990, Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act (PITNDPSA), 1988 etc.

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 SESSION- 5

Article 21- States that no person shall be deprived of his life or personal liberty except
according to procedure established by law.

Maneka Gandhi vs. Union of India, 1978-

Passport was confiscated without providing any reason.
Prior to this case, Art 21 guaranteed protection against arbitrary action only of executive and
not from legislative action. After this case:
A person can be deprived of life and personal liberty only if
1 . There is a law.
2 . The law must provide a procedure.
3 . The procedure is just, fair, and reasonable.
4 . The procedure must satisfy Art 14.

m
Important Points

1.

. o
Fundamental rights represent the values cherished by people since Vedic ages and are

c
calculated to provide dignity to human beings and to create conditions that enable a

rs
human being to develop his personality to fullest extent. (J Bhagvati).
2. Provisions of Part III should be given widest possible interpretation.

e
3. Rights in Part III are not mutually exclusive but form a single scheme.

k
4. Laws under Art 21 must satisfy the test of reasonability under Art 14 and also stand the
test of Art 19.
5.

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SC has accepted that “law” should be reasonable law and not just an enacted law. To be
fair and just, it should follow the principles of natural justice. Thus, even if “due
process of law” is not explicitly mentioned, the effect is same.

Although
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3A Art 21 uses negative words, it has a positive dimension as well. Thus, it does not
9A9F
just mean -Right to mere existence but a right to live with human dignity.

AK Gopalan
vs. State of
T
-Compensation for violation of Art 21.
-44th amendment- Emergency - Art 21 cannot be suspended on presidential order under
art 359
A communist leader was detained under Preventive Detention Act, 1950.
1. Fundamental Rights are not absolute.
Madras 2. Rights in Part III are mutually exclusive and that liberty in Art 19
1950 and 21 are different things. (Overruled in Menaka Gandhi)
3. Held that “law” means state made law and
tr-5R 7L2Tnot jus
1O9S naturale (principles of
9N3R
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natural justice).
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4. Rejected that “procedure established by law” is same as “due process of
law” of the US constitution.
5. Held that 21 protects against loss of personal physical liberty and 19 deals
with unreasonable restrictions.
Art 14/19/ 21 Golden Triangle
 Kharak Singh vs. UP Police performed domiciliary visits to make sure that he was at home in the
State of UP, nights. This was challenged. SC held the following.
1963 -Personal liberty is not confined only to bodily restraint or confinement in prisons but
includes all those things through which life is enjoyed.
-Personal Liberty means much more that mere animal existence.
-Art 19 gives some of the freedoms required to enjoy personal liberty, while art
21 constitutes the rest.
Since there was no law which could justify domiciliary visits, they were held to be
an unauthorized intrusion into a person’s life and were held to be in violation of art
21.
MH Hoskot vs. State of Mah., 1978 Right to free legal aid.
Hussainara Khatun vs. State of Right to speedy trial.
Bihar, 1979
Olga Tellis vs. BMC Right to livelihood.
(Pavement Dweller’s case), 1986
Paramand Katara vs. UoI, 1989
Subhas Kumar vs. State of Bihar,

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Right to health and medical assistance.
Right to pollution free air and water.
1991
Mohini Jain vs. State of Kar., 1992 Right to education

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Chameli Singh vs. State of UP, 1996
PUCL vs. Union of India

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Right to shelter.
Right to privacy.
(Telephone Tapping case), 1997
Murli Deora vs. Union of India,
2002

r an Ban on smoking in public places.

Right 3A
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to Education (Article 21 A)
9A9F

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86Ih Constitutional (Amendment) Act, 2002- By this Amendment, Article 21A and Article
51 A(k) were inserted in the Constitution. It also changed the subject matter of article 45 in
Directive principles.

Unni Krishnan vs. State of Right to education flows from right to life. Right to education
AP, 1993 for children up to 14 yrs of age is a fundamental right.

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RIGHT AGAINST EXPLOITATION (ARTICLE 23-24)

Prohibition of traffic in human beings and forced labour (Article 23)

Article 23-prohibits traffic in human beings and ‘begar and other similar forms of forced
labour-Prohibition of traffic in human beings means prohibition of slavery, traffic in women,
children or crippled persons for immoral or other purposes etc. ‘Begar’ means involuntary
work without payment. However, the Constitution empowers the State to impose compulsory
service for public purpose without any discrimination on grounds only of religion, race, caste
or class or any of them.

Prohibition of employment of children in Factories, etc. (Article 24)

 Article 24 prohibits employment of children below the age of 14 years in any factory or mine
or any other hazardous employment. The prohibition employed by Article 24 is absolute and
does not admit of any exception for the employment of children in a factory or a mine etc.

RIGHT TO FREEDOM OF RELIGION (ARTICLE 25-29)

Freedom of Conscience and free profession, practice and propagation of religion (Article
25)

Article 25(1) guarantees to every person the freedom of conscience and the right to profess,
practice and propagate religion. This right is, however, subject to public order, morality and
health and to the other provisions of Part III of the Constitution. Further the State is
empowered by law -
(a) to regulate or restrict any economic, financial, political or other secular activity which may

m
be associated with religious practice.

o
(b) to provide for
(i) social welfare and reform, and

of Hindus.

rs .c
(ii) to throw open- Hindu religious institutions of public character to all classes and sections

To ‘profess’ a religion means to declare freely and openly one’s faith and belief. He has the

e
right to practice his belief by practical expression in any manner he likes.
To ‘practice’ religion is to perform the prescribed religious duties, rites and rituals, and to

he believes.

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exhibit his religious beliefs and ideas by such acts as prescribed by the religious order in which

n
To ‘propagate’ his religion means to spread and publicize his religious views for the
edification of others.

p r
o
Freedom
3A to manage religious affairs (Article 26)
9A9F
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T
Article 26 states that, subject to public order, morality and health, every religious
denomination or any section of it shall have the following rights:
(1) To establish and maintain institutions for religious and charitable purposes;
(2) To manage its own affairs in matters of religion;
(3) To own and acquire movable and immovable property; and
(4) To administer such property in accordance with law.

Freedom from Taxes for Promotion of any particular 7L2T1O9S9N

Religion 3R
(Article 27)
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Article 27 provides that no person shall be compelled to pay any tax for the promotion or
maintenance of any particular religion or religious denomination. This Article emphasizes the
secular character of the State.

Freedom from Attending Religion instructions (Article 28)

According to Article 28 no religious instructions shall be imparted in any educational

institution wholly maintained out of Slate funds.
Thus Article 28 mentions four types of educational institutions:
(a) Institutions wholly maintained by the State;
(b) Institutions recognized by the State;
 (c) Institutions that are receiving aid out of the State funds; and
(d) Institutions that are administered by the State but are established under any trust or
endowment.

In the Institutions of (a) type no religious instructions can be imparted, in (b) and (c) types of
institutions, religious instructions may be imparted only with the consent of the individuals.
In (d) type institutions, there is no restriction on religious instructions.

CULTURAL AND EDUCATIONAL RIGHTS (ARTICLE 29-30)

Protection of interests of minorities (Article 29)

Article 29(1) guarantees to every section of the citizens residing in any part of India having a
distinct language, script or culture-of its-own, the right to conserve the same, i.e.,
language, script or culture. A minority community can preserve its language, script or

m
culture by and through educational institutions. Therefore, the right to establish and maintain

o
institutions of their choice is a necessary concomitant to the right to preserve its distinctive
language, script or culture. This right is guaranteed to them by Article 30(1) and is further
protected by Article 30(2).

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According to Article 29(2), no citizen shall be denied admission into any educational

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institutions maintained by the State or receiving aid out of State funds on grounds only of

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religion, race, caste, language or any of them.

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Right of minorities to establish and administer educational institutions (Article 30)

Article 30(1) says that all minorities whether based on religion or language shall have the

Article
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right to establish and administer educational institutions of their choice.

o
9A9F3A 30(2) says that the State in granting aid to educational institutions shall not
discriminate against any educational institutions on the ground that it is under the management

Article 29 (1)
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of a minority whether based on religion or language.

Difference between Article 29 (1) and Article 30 (1)

Article 30 (1)
Gives right to all citizens having a distinct Gives right to minorities to establish and
language, script, or culture, to preserve the administer educational institutions.
same.
9S9N3R
Provides right to all citizens. Provides tr-right to1Ominorities.
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tr-5R7Land
Deals only with language, script, culture. Deals with language and religion.
Concerned with right to Gives right to establish and manage educational
conserve language, script, and culture. institutions of their choice to minorities.
Does not necessarily mean educational Deals only with establishment and
institutes. administration of
educational institutions.

90