Constitutional Law of India – I

B.A./ B.Com. LL.B. (Hons) 3rd Semester

Introduction
◈ What is Constitution?

◈ Why Do We Need Constitution?

◈ What is Constitutional Law?

◈ What is Constitutionalism?

◈ The Framing of Indian Constitution

◈ Nature of the Indian Constitution

◈ Salient Features of the Indian Constitution.

◈ Preamble of the Constitution

◈ What is Constitution?
A Document having a special legal sanctity which Sets out the frame-work and the
principal functions of the organs of the Government of a State and declares the
principles governing the operation of those organs.

◈ Supreme law of the land- It means in India Constitution is supreme. All the other
authorities (Legislature, Executive, and Judiciary) derived their forces from the
constitution. No one is allowed to violate the provision of the Constitution.

◈ In General-
The Constitution is the supreme law of the land. All other laws have to conform to the
Constitution. The constitution contains laws concerning the government and its
relations with the people.

◈ A constitution is concerned with 2 main aspects:-

a) The relation between the different levels of government and
b) Between the government and the citizens.
Role of the Constitution in relationship between Government and its People:

◈ Definitions-
(a) A constitution is a set of fundamental principles or established precedents according to
which a state or other organization is governed. When these principles are written down into

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a single collection or set of legal documents, those documents may be said to comprise a
written constitution.
or
(b) The document containing laws and rules which determine and describe the form of the
government, the relationship between the citizens and the government, and the relationship
between three organs of the State is called a Constitution.

◈ Why Do We Need Constitution?

Let’s start looking at the fundamental things we all needs as human being
(1) A voice in a decision that affect our lives
(2) Material well being such as Food, Shelter, Education, Security and protection
from violence, discrimination and recognition and respect as an individual and
community.
(3) To fulfill these needs people create governments and delegate power on them to
exercise for the common good of the society.
(4) But the problem is while government needs power to perform their functions,
history tells us again and again that power without limits can leads to corruption,
dictatorship and oppression. Free fair and regular elections might ensure good
governance. They allow people to select whom they want and over time to reject
those who performed badly. But we also need some basic rules to control how that
power is used. So that those who win election still have to respect your rights and
promote your interest other than using power for their own benefit. Just as in
games of football there have to be rule and referee. So in a democracy there must
be rules by which all the players are bound. These rules are provided in a
Constitution. Constitution is a law but its not just an ordinary law it is a supreme
law.

◈ What is Constitutional Law?

It means the rules which regulates the structure of the principal organs of the
Government and their relationship to one another, and determine their principal
function.
The rules consist both of legal rules in the strict sense and of usages, commonly called
conventions, which without being enacted are accepted as binding by all who are
concerned in the government.

◈ What is Constitutionalism
Modern political thought draws a distinction between “Constitutionalism and
“Constitution”. A country may have the Constitution but not necessarily
Constitutionalism. For Example, a Country with dictatorship, where the director’s
word is law, can be said to have a “Constitution” but not “Constitutionalism”.
Constitutionalism’ means limited government or limitation on government. It is
antithesis of arbitrary powers. Constitutionalism recognizes the need for government
with powers but at the same time insists that limitation be placed on those powers.

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 The antithesis of constitutionalism is despotism. A government which goes beyond its
limits loses its authority and legitimacy. Therefore, to preserve the basic freedoms of
the individual, and to maintain his dignity and personality, the Constitution should be
permeated with ‘Constitutionalism’; it should have some inbuilt restrictions on the
powers conferred by it on governmental organ.

◈ Historical perspective of the Constitution of India

The Constitution of India became effective on January 26, 1950. Before the advent of
the Constitution, India was governed under the Government of India Act, 1935, which
became effective in 1937. India was then a part of the British Empire; sovereignty of
the British Crown prevailed over the country and it was in the exercise of this
sovereignty that the British Parliament had enacted the Act of 1935.
This Act conferred only a very limited right of self government on the Indians. The
executive authority in a State was vested in the Governor appointed by the Crown. He
was to act ordinary on the advice of the ministers. The executive authority at the
Centre was vested in the Governor-General appointed by the Crown. Though
ordinarily the Governor-General would act on ministerial advice, he could discharge
certain functions in his discretion.
This Act also sought to change the character of the Indian Government from unitary
to federal. The Indian Federation was to consist of the Provinces in which British
India was divided, and the State under the native princes.
The federal scheme, however, never became fully operative as the princes did not join
the Federation. The federal concept was implemented partially in so far as the
relationship between the centre and the provinces was ordered on this basis. Further,
the ministerial form of government as envisaged by the Act of 1935, could not also be
introduced at the Centre which continued to function under the Government of India
Act, 1919.
In short, before 1947, the effective power and control over the Indian Administration
lay with Secretary of State, the Governor-General and the Governors. Thus there
arose an insistent demand for independence which resulted in the setting up of a
Constituent Assembly for Drafting the a Constitution for a free India.
We will discuss this in the light of below mentioned headings:

◈ The Framing of Indian Constitution

◈ 2nd world war broke out in Europe, 1939

◈ The Cripps Mission, March 22,1942

◈ The Cabinet Mission, March 4, 1946

◈ The Indian Independence Act, 1947

◈ Framing of the New Constitution, 1947-1950

◈ Formation of Constituent Assembly

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 ◈ The Framing of Indian Constitution
- In 1939 2nd world war broke out in Europe. The British Government declared India
as a belligerent country at war with Germany. This was done without the
consultation with Indian leaders and the Indian legislature. Consequently, the
congress ministers resigned from their offices on the issue of participation of India
in the war.

◈ The Cripps Mission

On March 22, 1942 the British Government sent Sir Stafford Cripps to Negotiate with
Indian Leaders and secure their co-operation in the prosecution of war.
Sir Stafford Cripps suggested the following proposals for the settlement of the Indian
Problem:
(a) Immediately after the end of the war steps shall be taken to set up in India an elected
body for framing a new Constitution of India.
(b) Provision shall be made, as set out below for the participation of Indian States in the
Constitution-making body
(c) The British Government undertakes to accept and Implement the Constitution so
framed subject to the condition that the right of any Province of British India, which is
not prepared to accept the new Constitution, to retain its present Constitutional
position, provision being made for its subsequent accession if it so decides.
Indians were not satisfied with this proposal and, therefore, they rejected it. They found
in it the seeds of partition of the country. In the mean time the labour party came into power
in England. The labour government was more sympathetic towards the Indian problems and
wanted to solve it. With this purpose in view they sent cabinet mission to India.

◈ The Cabinet Mission

On March 4, 1946, Cabinet Mission came to India. It consisted of three British
Cabinet Ministers- Lord Pethic Lawrence, Sir Stafford Cripps and Mr. Alexander
The Framing of Indian Constitution
The Cabinet Mission recommended the following proposals:
(a) There should be a Union of India embodying both British India and the States and
with the exception of certain reserved subjects, all subjects were to be retained by the
states.
(b) The paramountcy of Crown was to lapse.
(c) For the Purpose of framing a new Constitution a Constituent Assembly was to be
elected.
(d) An Interim Government was to be set up having the support of major political parties.
The proposal of Cabinet Mission was accepted and in July 1946 elections to Constituent
Assembly took place and it came into existence on November 1946.

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 The struggle for independence was over by 15th August, 1947. But the attainment of
Independence was not an end in itself. It was only beginning of struggle, the struggle
to live as an independent nation and at the same time to establish a democracy based
on the idea of Justice, Liberty, Equality, and Fraternity. The need of a new
Constitution forming the basic law of the land for the realization of these ideas was
paramount.
Constituent Assembly came into existence in November 1946.
Its members were elected by the provincial assembly by indirect elections. Out of 296
seats of British India, the congress captured 211 seats and Muslim League 73 seats.
The first meeting the of the Assembly was held on 9th December, 1946.
Dr. Rajendra Prasad was elected its permanent Chairman on 11th December, 1946.
Muslim League boycotted the Assembly.
Assembly adopted the ‘Objective Resolution’ which later became Preamble.
A Drafting Committee of 7 members was set up under the Chairmanship of Dr. B.R.
Ambedkar on 29th August, 1947.
The Draft Constitution was published in January, 1948.
The Constituent Assembly held 11 sessions, draft Constitution was considered for 114
days. In all Constituent Assembly sat for 2 years, 11 months and 18 days.
The New Constitution of India was adopted by the Constituent Assembly on 26th
November, 1949 and signed by the President, Dr. Rajendra Prasad.

◈ Prominent Members of the Constituent Assembly

Bhim Rao Ambedkar, Chairman of Drafting Committee, and Minister of Law and
Justice, B. N. Rau, Constitutional Advisor, Pandit Jawaharlal Nehru, Prime Minister
of India, Vallabhbhai Patel, Deputy Prime Minister and Minister of Home Affairs, J.
B. Kripalani, President of the Indian National Congress, Abul Kalam Azad, Minister
of Education, Rajendra Prasad, President of the Constituent Assembly, C.
Rajagopalachari, Governor-General of India, Sarat Chandra Bose, Barrister and
Indian independence activist, Srikrishna Sinha, Chief Minister of Bihar, Liyakat Ali
Khan, TT Krishnamachari, K.M. Munshi, Gopalaswamy Ayyangar.
◈ The Nature of the Indian Constitution
Whether Federal or Unitary?

◈ What is Federal Constitution?

◈ What is Unitary Constitution?

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 ◈ Is the Constitution of India Federal?

◈ According to the traditional classification Constitution are either Unitary or Federal

◈ In Unitary Constitution the powers of the Government are centralised in one

Government viz., The Central Government. The States are Subordinate to the centre.
For Example Constitution of U.K.

◈ In Federal Constitution, on the other hand, there is division of powers between the
Center and the State Governments and both are independent in their own spheres. For
Example Constitution of U.S.A.

◈ Essential characteristics of a federal Constitution

◈ Distribution of Powers

◈ Supremacy of Constitution

◈ A Written Constitution

◈ Rigidity

◈ Authority of Courts

◈ Separation of Powers

◈ Separation of Powers

◈ Applicability of Federal Principle on Indian Constitution

◈ The Constitution establishes dual polity i.e, Central Government at one level and the
State Government at the other.

◈ There is a division of power between the Central and the State Governments.

◈ Each level of the Government is supreme in its own sphere.

◈ The Constitution of India is written and is supreme.

◈ The Constitution establishes a Supreme Court to decide dispute between the Centre
and the States or the state inter se.
But, despite this some scholars hesitate to characterise the Indian Constitution as truly
federal. (what are the reasons?…contd..)

◈ What are the reasons?

◈ Appointment of Governors (Article 155, 156)

◈ Parliaments power to legislate in the national interest (Article 249)

◈ Parliaments Power to form new States and alter boundaries of existing States (Article
3)

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 ◈ Emergency provisions (Article 352, 356, 360)
Do these provisions modify the federal character of the Indian Constitution?
According to Dr. V.N. Shukla, “Emergency provisions which come into operation
only on the happening of the specific contingencies, do not modify or destroy the
federal system. It is rather a merit of the Constitution that it visualises the
contingencies when the strict application of the federal principle might destroy the
basic assumption on which our Constitution is built.”
In short, it may be concluded that the Constitution of India is neither purely federal
nor purely unitary but is a combination of both. It is a union of composite States. It
enshrines the principle that inspite of federalism, the national interest ought to be
paramount. Thus, the Indian Constitution is mainly federal with unique safeguards for
enforcing national unity and growth.

◈ Salient Features of the Indian Constitution

The lengthiest Constitution in the world-
Constitutions are classified into written, like the American Constitution, or unwritten,
like the British Constitution. The Constitution of India is the lengthiest of all the
written constitutions of the world. It is a very comprehensive, elaborate and detailed
document. Originally (1949), the Constitution contained a Preamble, 395 Articles
(divided into 22 Parts) and 8 Schedules. Presently, it consists of a Preamble, about
465 Articles (divided into 25 Parts) and 12 Schedules. The various amendments
carried out since 1951 have deleted about 20 Articles and one Part (VII) and added
about 90 Articles, four Parts (IVA, IXA, IXB and XIVA) and four Schedules (9, 10,
11 and 12). No other Constitution in the world has so many Articles and Schedules.

◈ Parliamentary form of Government

The Constitution of India establishes a parliamentary form of Government both at the
Centre and the States. In this respect the maker of the Indian Constitution have
followed the British model in toto. The reason for this is that we were accustomed to
this type of Government.
The essence of the Parliamentary form of the Government is its responsibility to the
Legislature. The president is the constitutional head of the State. The real executive
power is vested in the council of Ministers whose head is Prime Minister. The
Council of Ministers is collectively responsible to the Lower House, i.e., Lok Sabha.
The Members of the Lower House are elected directly by the people on the basis of
adult franchise normally for five years. The position is the same in the States. This
Government is, therefore, called a responsible Government.
On the other hand, the American Constitution establishes a Presidential type of
Government based on the principle of separation of powers. The President is the real
executive head; elected directly by the people for 4 years. All executive powers are
vested in him. He is not responsible to the Lower House, i.e., the Congress. The

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 members of his Cabinet are not members of the Legislature. They are appointed by
the President and therefore, responsible to him.
Both forms of the Governments have their own merits and demerits. However the
framers of the Indian Constitution preferred the Parliamentary system of government
mainly for two reasons-
(1) The system was already in existence in India and the people were well acquainted
with it;
(2) It provides for accountability of ministers to the Legislature.

◈ Blend of Rigidity and Flexibility

Constitutions are also classified into rigid and flexible. A rigid Constitution is one that
requires a special procedure for its amendment, as for example, the American
Constitution. A flexible constitution, on the other hand, is one that can be amended in
the same manner as the ordinary laws are made, as for example, the British
Constitution. The Constitution of India is neither rigid nor flexible but a synthesis of
both. Article 368 provides for two types of amendments:
(a) Some provisions can be amended by a special majority of the Parliament, i.e., a two-
third majority of the members of each House present and voting, and a majority (that
is, more than 50 per cent), of the total membership of each House.
(b) Some other provisions can be amended by a special majority of the Parliament and
with the ratification by half of the total states. At the same time, some provisions of
the Constitution can be amended by a simple majority of the Parliament in the manner
of ordinary legislative process. Notably, these amendments do not come under Article
368.

◈ Fundamental Rights
Part III of the Indian Constitution guarantees six fundamental rights to all the citizens:
(1) Right to Equality (Articles 14–18), (2) Right to Freedom (Articles 19–22), (3)
Right against Exploitation (Articles 23–24), (4) Right to Freedom of Religion
(Articles25–28), (5) Cultural and Educational Rights (Articles 29–30), and (6) Right
to Constitutional Remedies (Article 32).
The Fundamental Rights are meant for promoting the idea of political democracy.
They operate as limitations on the tyranny of the executive and arbitrary laws of the
legislature. They are justiciable in nature, that is, they are enforceable by the courts
for their violation. The aggrieved person can directly go to the Supreme Court which
can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo
warranto for the restoration of his rights. However, the Fundamental Rights are not
absolute and subject to reasonable restrictions.

◈ Directive Principles of State Policy

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 According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel
feature’ of the Indian Constitution. They are enumerated in Part IV of the
Constitution.
The directive principles are meant for promoting the ideal of social and economic
democracy. They seek to establish a ‘welfare state’ in India. However, unlike the
Fundamental Rights, the directives are non-justiciable in nature, that is, they are not
enforceable by the courts for their violation. Yet, the Constitution itself declares that
‘these principles are fundamental in the governance of the country and it shall be the
duty of the state to apply these principles in making laws’. Hence, they impose a
moral obligation on the state authorities for their application. But, the real force
(sanction) behind them is political, that is, public opinion. In the Minerva Mills case
(1980), the Supreme Court held that ‘the Indian Constitution is founded on the
bedrock of the balance between the Fundamental Rights and the Directive Principles’

◈ A federation with strong centralising tendency

The Constitution of India establishes a federal system of government. It contains all
the usual features of a federation, viz., two government, division of powers, written
Constitution, supremacy of Constitution, rigidity of Constitution, independent
judiciary and bicameralism.
However, the Indian Constitution also contains a large number of unitary or non-
federal features, viz., a strong Centre, single Constitution, single citizenship,
flexibility of Constitution, integrated judiciary, appointment of state governor by the
Centre, all-India services, emergency provisions, and so on.
Moreover, the term ‘Federation’ has nowhere been used in the Constitution. Article 1,
on the other hand, describes India as a ‘Union of States’ which implies two things:
one, Indian Federation is not the result of an agreement by the states; and two, no state
has the right to secede from the federation.
Hence, the Indian Constitution has been variously described as ‘federal in form but
unitary in spirit’,

◈ Universal Adult Franchise

The Indian Constitution adopts universal adult franchise as a basis of elections to the
Lok Sabha and the state legislative assemblies. Every citizen who is not less than 18
years of age has a right to vote without any discrimination of caste, race, religion, sex,
literacy, wealth, and so on. The voting age was reduced to 18 years from 21 years in
1989 by the 61st Constitutional Amendment Act of 1988. The introduction of
universal adult franchise by the Constitution-makers was a bold experiment and
highly remarkable in view of the vast size of the country, its huge population, high
poverty, social inequality and overwhelming illiteracy.
Universal adult franchise makes democracy broad-based, enhances the self-respect
and prestige of the common people, upholds the principle of equality, enables
minorities to protect their interests and opens up new hopes and vistas for weaker
sections.

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◈ Independent Judiciary
The Indian Constitution establishes a judicial system that is integrated as well as
independent.
The Supreme Court is a federal court, the highest court of appeal, the guarantor of the
fundamental rights of the citizens and the guardian of the Constitution. Hence, the
Constitution has made various provisions to ensure its independence—security of
tenure of the judges, fixed service conditions for the judges, all the expenses of the
Supreme Court charged on the Consolidated Fund of India, prohibition on discussion
on the conduct of judges in the legislatures, ban on practice after retirement, power to
punish for its contempt vested in the Supreme Court, separation of the judiciary from
the executive, and so on.

◈ A Secular State
A Secular State has no religion of its own as recognized religion of State. It treats all
religions equally. The preamble declares the resolve of the people of India to secure to
all its citizens “Liberty of ….. belief, faith and worship”. Article 25 to 28 of the
Constitution further supplements this objective in the shape of fundamental right to
secure the concept of secularism. It guarantees to every person the freedom of
conscience and the right to profess practise and propagate religion.
In a secular State, the State only regulates the relationship between man and man. It is
not concerned with the relationship of man with God. One may worship God
according to the dictates of his own conscience. However, it is to be noted that the
freedom of religion is not absolute freedom, but subject to the regulatory power of the
State, In the name of religion nothing can be done which is against public order,
morality and health of the public.

◈ Single Citizenship
Though the Indian Constitution is federal and envisages a dual polity (Centre and
states), it provides for only a single citizenship, that is, the Indian citizenship.
In countries like USA, on the other hand, each person is not only a citizen of USA but
also a citizen of the particular state to which he belongs. Thus, he owes allegiance to
both and enjoys dual sets of rights—one conferred by the National government and
another by the state government. In India, all citizens irrespective of the state in which
they are born or reside enjoy the same political and civil rights of citizenship all over
the country and no discrimination is made between them.

◈ Fundamental Duties
The original constitution did not provide for the fundamental duties of the citizens.
These were added during the operation of internal emergency (1975–77) by the 42nd
Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh
Committee. The 86th Constitutional Amendment Act of 2002 added one more
fundamental duty.

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 The Part IV-A of the Constitution (which consists of only one Article - 51- A)
specifies the eleven Fundamental Duties viz., to respect the Constitution, national flag
and national anthem; to protect the sovereignty, unity and integrity of the country; to
promote the spirit of common brotherhood amongst all the people; to preserve the rich
heritage of our composite culture.
The fundamental duties serve as a reminder to citizens that while enjoying their rights,
they have also to be quite conscious of duties they owe to their country, their society
and to their fellow-citizens. However, like the Directive Principles, the duties are also
non-justiciable in nature.

◈ Preamble
The Preamble to the Constitution of India is a brief introductory statement that sets
out the main objective which the Constitution is intended to achieve.
It embodies the fundamental values and the philosophy, on which the Constitution is
based.
It expresses “what we had thought or dreamt for so long”.
In re Berubari case AIR 1960 SC 845, the Supreme Court has said that the Preamble
to the Constitution is a key to open the mind of the makers, and shows the general
purpose for which they made several provisions in the Constitution.
It can be considered as the heart and soul of the constitution.

◈ Opening words of Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC

◈ Sovereign- It ‘implies that India is internally supreme and externally free. It means
India is no more dependent upon any outside authority.

◈ Democratic- It indicates that the Constitution has established a form of Government

which gets its authority from the will of the people. The rulers are elected by the
people and are responsible to them.

◈ Republic- India is republic because the head of the State is not a hereditary monarch.
In a republic the political sovereignty vests in the people and the head of the State is
only a person elected by the people for a fixed terms.

◈ Objectives enshrined in the Preamble

Justice - social, economic, political
Liberty – of thought, expression, belief, faith and worship
Equality – of status and of opportunity; and to promote among all;

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 Fraternity – assuring the dignity of the individual and the unity and integrity of the
nation.
- Social Justice means absence of special privileged classes in the society. It means
there shall be no discrimination among the people on the basis of religion, race,
caste, sex etc.
- Economic Justice means No discrimination among the citizens on the basis of
wealth, income and economic status. It stands for equitable distribution of means
of production and income and end of monopolistic control of economic resources
and securing adequate opportunities for earning livelihood.
- Political Justice means that everyone has given equal opportunities to vote in
general election and to contest an election irrespective of sex, religion and
political status.
Preamble how far useful in interpreting the Constitution
The Preamble is the key to open the mind of the makers. But it does not mean that the
Preamble can override the express provisions of the Act. In re Berubari’s case the
Supreme Court held that the Preamble was not a part of the Constitution and therefore
it could never be regarded as a source of substantive powers. It has a limited
application and can be resorted to where there is ambiguity in the statute. If the Terms
of the Constitution are ambiguous or capable of two meanings in interpreting them
some assistance may be taken from the objectives enshrined in the Preamble and the
construction which fits the Preamble may be preferred.
However in Keshvananda Bharti v. State of Kerala, the Supreme Court overruled re
Berubari case on this point and held that the Preamble is the part of the Constitution.
Though in any ordinary statute not much importance is attached to the preamble, all
the importance has to be attached to the Preamble in a Constitutional Statute.
Chief Justice Sikri, observed, “it seems to me that the Preamble of our Constitution is
of extreme importance and the Constitution should be read and interpreted in the
light of the grand and noble vision expressed in the Preamble.”

◈ The Purpose Preamble Serves

1. It indicates the source from which the Constitution comes, viz., the people of India
2. It contain the enacting clause which brings into force the Constitution.
3. It declares the great rights and freedoms which the people of India intended to
secure to all citizens and the basic type of government and polity which was to be
established.

◈ Can Preamble be Amended under Article 368?

This Question was raised for the first time before the Supreme Court in the historic
case of Keshvananda Bharti v. State of Kerala.
Attorney General argued that by virtue of the amending power in Article 368 even
Preamble can be amended. It was said that since the Preamble was a part of the
Constitution it could be amended like any other provisions of the Constitution.

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 The Petitioner, on the other hand, contended that the amending power in Article 368
is limited. Preamble creates an implied limitation on the power of the amendment.
The preamble contains the basic elements or the fundamental features of our
Constitution consequently, amending power cannot be used so as to destroy or
damage these basic features mentioned in the Preamble. It was urged that Preamble
cannot be amended as it is not a part of the Constitution.
The Supreme Court, however, held that the Preamble is a part of the Constitution and,
therefore, on this point the Berubari opinion was wrong.
On the question whether the preamble can be amended the majority held that since the
Preamble is the part of the Constitution it can be amended but subject to this condition
that the “basic features” in the Preamble cannot be amended.
The Court said, the entire structure of our Constitution is based upon the basic
elements mentioned in the Preamble. If any of these elements are removed the
structure will not survive. And it will not be the same Constitution or it cannot
maintain its identity.

◈ 42nd Amendment and the Preamble

The Constitution (42nd Amendment) Act, 1976 has amended Preamble and added three
words in it, i.e., Secularism, Socialism, and Integrity.

◈ Secularism – means a State which does not recognise any religion as a State religion.
It treats all religion equally. The concept was already implicit in the constitution under
Article 25 to 28 which guarantees to every citizen the freedom of conscience and right
to practice, profess and propagate any religion.
In St. Xavier College v. state of Gujarat AIR 1974 the Supreme Court held that
although the word secularism has not expressly mention in the constitution but there
could be no doubt that constitution makers wanted to established such a state.
In S.R. Bommai v. Union of India, 1994, Supreme Court held that Secularism is the
basic feature of the Indian Constitution.
In Aruna Roy v. Union of India, 2003, Supreme Court held that the word secularism
has a positive meaning that is developing, understanding and respect towards other
religion.

◈ Socialism – The term economic justice in the preamble denotes nothing but India’s
resolve to bring Socio-Economic justice. The directive principles of state policies
particularly Article 39 (b) (c) of the constitution are the charter of socio-economic
liberties of the people. Socialism means a system of government in which the means
of production is wholly or partially controlled by the State. India is, However, a
democratic socialism and not communistic socialism. For this purpose, Preamble has
combined both the words Socialism and Democracy.
In Excel Wear v. Union of India, 1979, The Court held that the addition of the word
socialism in the Preamble might enable the court to lean more in favour of
nationalization of state ownership of industries. But so long as private ownership of

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 industries is recognised and governs a large proportion of our economic structure, the
principle of socialism cannot be pushed to such an extent so as to completely ignore
the interest of another section of the public, namely the private owners of the
industries.

◈ Integrity – this word is intended to put an end to separatist tendencies and make
people feel that every part of India is their home.

◈ The Union and Its Territory (Article 1 to 4)

◈ Union of States - Article 1 of the Constitution declares:
(1) that India, that is Bharat, shall be union of States.
(2) The States and Territories thereof shall be as specified in the first schedule
(3) The territory of India shall comprise –
(a) The territory of the States;
(b) The Union territory specified in the First Schedule; and
(c) Such other territories as may be acquired
The choice of Federation with strong centre was made both for political and administrative
reason as follows:
(i) The union of India is not result of an agreement among the units like America
(ii) the States have no right to secede from the federation

◈ Article 2 – Admission or establishment of new States – Parliament may by law

admit into the Union, or establish, new States on such terms and conditions as it
thinks fit.
Article 2 gives Parliament two powers:
(1) To admit into the union new States
(2) the power to establish new States.
The first refers to the admission of States which are duly formed and established and are
already in existence. The second refers to the admission and formation of a State which was
not in existence before.

◈ Article 3 – Formation of new States and alteration of boundaries, etc., of existing

States –

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 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:

◈ Article 4 - Laws made under articles 2 and 3 to provide for the amendment of the
First and the Fourth Schedules and supplemental, incidental and consequential
matters.
(1) Any law referred to in article 2 or article 3 shall contain such provisions for the
amendment of the First Schedule and the Fourth Schedule as may be necessary to give
effect to the provisions of the law and may also contain such supplemental, incidental
and consequential provisions (including provisions as to representation in Parliament
and in the Legislature or Legislatures of the State or States affected by such law) as
Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution
for the purposes of article 368.

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