Constitutional Law 1

CONSTITUTIONAL LAW-1
Prepared by Haja Bathurali B.Com, FCA , CISA

For LLB Course
KSLU First Semester
UNIT-1: TABLE OF CONTENTS
PAGE
S.No TOPIC
NO.
1 MEANING AND KINDS OF CONSTITUTION 3
2 HISTORY OF INDIAN CONSTITUTION 4
3 SALIENT FEATURES OF INDIAN CONSTITUTION 6
NATURE OF INDIAN CONSTITUTION FEDERAL OR 8
4 UNITARY
5 CONSITITUTIONALISM 9
6 PREAMBLE TO THE CONSTITUTION 11
7 ARTICLE 370 ITS FEATURES AND SCRAPPING 12
CITIZENSHIP , MEANING AND METHODS OF 13
8 ACQUIRING
9 LOSING OF INDIAN CITIZENSHIP 17
10 SALIENTS FEATURES CAA 18
1.
Prepared by Haja B Ali for LLB Course KSLU Semester-1 2

1. MEANING AND KINDS OF CONSTITUTION
Meaning of Constitution:
Constitution in any country regulates the affairs between the individuals

and state. Constitution is the fundamental law of the land. It is supreme in
the sense that any law passed in a state must only be in consonance with
the constitutional law
Constitution law is also known as National Law or Municipal Law. In simple

terms constitution law is the basic law which designs the structure of the
Govt, its powers, and functions interrelation with the people
Kinds/ Classification of Constitution
1) Written and unwritten constitution

2) Unitary and federal constitution
3) Flexible or Rigid Constitution
Written and unwritten constitution:
A written constitution is one which is written down in a form of a single or

several documents. The constitution of most of the countries are written
e.g. U.S.A, Australia, Switzerland etc. The constitution of India is the
lengthiest written constitution in the world.
Unwritten constitution is the one which is not embodied in a

comprehensive documents or documents. The best example of unwritten
constitution is the constitution of UK. In an unwritten constitution
legislature enjoys sovereignty to make or unmake any law.
Unitary and federal constitution:
Unitary constitution is the one in which there is one central Govt, with the
all the powers vested in it. The unit / state / province operates as
subordinate to the central Govt. E.g. the constitution of Britain.
Federal constitution on the other hand provides for the distribution or

division of the powers between the union / central Govt and the unit /
state Govt. E.g. American constitution is the best example for federal
constitution

Flexible or Rigid Constitution:
A constitution is said to be flexible if it provides for simple process for its

amendment. It means a simple bill proposing an amendment to be passed
in both houses by simple majority of the members present and voting and
on the receipt of assent by the president or Governor.
Rigid on the other hand requires more complex and special process for its
amendment. A rigid enjoys higher status than the ordinary laws of the
land. Ex Indian constitution is rigid in the sense, it requires acceptance of
majority of the members to make an amendment. In addition to that for
certain type of amendment it requires ratification not less than half of the
state legislature before it is presented before the president for his assent
2. HISTORY OF INDIAN CONSTITUTION
a) The British came to India in the 17th century initially for trading only.
After slowly gaining more power, they attained the rights to collect
revenue and govern India. In order to do this, they enacted various
laws, rules and regulations.
b) According to the Charter Act of 1833, the Governor General of Bengal

became the Governor General of India. It also created a Central
Legislature, which, in a way, made the British supreme rulers of India.
c) The rule of the East India Company ended with the Government of India
Act in 1858. As a result, the British Crown became ruler of India and
administered the country through its government.
d) The Indian Councils Acts of 1861, 1892 and 1909 started giving
representation to Indians in the Viceroy’s councils. They also restored
legislative powers back to some provinces. In other words, they
adopted decentralization of powers between the Centre and the
provinces.

e) The Government of India Act, 1919: According to this Act, legislative

councils came into existence in all provinces of the government. In other
words, the British adopted a bicameral structure with separate central
and provincial governments. This was also the first time when people
could elect their own representatives through direct elections.
f) The Government of India Act, 1935: enactment of this law is one of

the most important events in the history of the Constitution. Firstly, this
law divided powers of governance into a Federal List, a Provincial List
and a Concurrent List. Secondly, this Act granted more autonomy of self-
governance to the provinces. It even established the Federal Court,
which we now refer to as the Supreme Court of India.
g) The Indian Independence Act of 1947; This Act marks the final step
in the departure of the British from India. India became a truly
independent and sovereign state after this Act. The Act established
governments at the central and provincial levels. It also laid down the
foundation of the Constituent Assembly.
h) Constituent Assembly :
(i) Members of the provisional assemblies indirectly elected

members of the Constituent Assembly. This assembly served as
the first ‘Parliament’ of independent India and first met on 9
December 1946 in Delhi.
(ii) After Independence, the Assembly elected Dr. Rajendra Prasad

as its Chairman and began drafting the Constitution. Dr.
Ambedkar became the head of the Drafting Committee.
(iii) After more than two years of deliberations, the Assembly finally
approved the Constitution on 26 November 1949.
(iv) The Assembly finally adopted the Constitution on 26 January

1950. India formally became a sovereign republic on that day.


3. SALIENT FEATURES OF INDIAN CONSTITUTION
(a) Written constitution: The constitution of India is the written

constitution in the world.
(b) Lengthiest Constitution: Indian constitution is the most lengthiest

and detailed constitution in the world. At present there are around
500 articles divided into 25 parts and 12 schedules.
(c) Sovereign , Socialist , secular , democratic republic : India is

a sovereign , socialist , democratic republic
 Sovereign: India is a fully independent state and does not

depend on any outside authority.
 Socialist: Indian economy is a mixed economy. Socialist in India

means some form ownership of means of production and its
distribution by the state
 Secular: means that state has no religion of its own. In other

words state will not propagate any religion and treat all religions
equally.
 Democratic Republic: It denotes the form of Govt, which

secures its power from the will of public. It is the Govt of the
people by the people and for the people.
(d) Quasi Federal: Indian constitution is federal in structure but

unitary in sprit. During peace time it is federal while during
emergency period it is unitary. Hence it is said to be quasi federal.
(e) Parliamentary democracy and cabinet form of Govt : In

parliamentary democracy, the Govt gets its power from the will of
the people. The president is the constitutional head and the real
executive power is vested in the council of ministers headed by the
prime minister

(f) Fundamental Right: also known as basic rights. If the fundamental

right of an individual is abridged by an executive order or by a law
passed by legislatures , the aggrieved individual can challenge such
an action in high court under article 226 or before supreme court
under article 32 of the constitution
(g) Directive Principles: Society is guaranteed with certain directives

for the creation of welfare state. The constitution envisages the
establishment of welfare state which can be achieved with
implementation of the directive principles.
(h) Fundamental Duties: The state while conferring rights on its

citizen it also impose certain fundamental duties and requires the
citizens to observe certain basic norms of democratic conduct and
behavior
(i) Adult Suffrage : Indian constitution gives the right to vote to all
adult citizens, of 18 years of age , regardless of wealth, income,
gender, social status, race, ethnicity, political stance, or any other
restriction
(j) Single Citizenship: the constitution provides for single citizenship

across the country.
(k) Judicial review and independent judiciary: Indian constitution

provides for independence for judiciary. The judges of Supreme
Court and High court are not subject to control by any authority. The
constitution confers power to High Court and Supreme court to
judicially review and examine the constitutional validity of any law
passed by the state legislature or parliament
(l) Both Rigid and Flexible : The constitution is both rigid and flexible
in the sense that , to amend certain articles it requires special
majority and state ratification while to amend certain article it is
enough to have simple majority


4. NATURE OF INDIAN CONSTITUTION FEDERAL OR UNITARY
Essential features of federal constitutions are
a) Distribution of power: distribution of power of the states among

different coordinate bodies. Both the central and state Govts ate
independent of each other in their own spheres
b) Supremacy of the constitution: in a federal structure constitution is

supreme law of the land. In other words any law passed by
parliament or state Legislatures or subordinate body must be in
accordance with the provisions of constitution
c) A written constitution : to maintain the supremacy and achieve the

goals enshrined in constitution it must be in writing
d) Rigidity : for the constitution to be supreme it should be rigid in the

sense it should be very difficult to amend its provisions
e) Authority of courts: for the existence of a federal system legal

supremacy is essential. Judiciary is one of the organs of the
government machinery. The other organs are executive and
legislature. These organs are interdependent on each other
f) Dual Policy : in Federal , there are two Govts one at the union and
other in the state and hence there exists a dual policy
At the same time it also satisfies the unitary features such as single citizen
ship, excess power of parliament, appointment of governors, emergency
provisions etc.
Indian constitution thus satisfies the above features of federalism
To conclude, our constitution in unitary in structure but federal in spirit. It

is federal during peace time but unitary during emergency. Therefore
Indian constitution is both federal and unitary in nature

5. CONSTITUTIONALISM
Constitutionalism is the basic structure on which the governance of a

country or state depends on.
Importance of Constitutionalism
a) It is a set of norms that prevents the state from abusing its power
b) It ensures that the people have liberty and get justice
c) it puts restrictions on the overuse of state power, thereby protecting

the rights of the citizens
d) It helps in the better development and provides welfare
e) It denotes equal rights for all
f) It ensures that the state is based on specific rules and guidelines,

which states every person has the right to human dignity
The concept of constitutionalism has been recognized by the Supreme

Court in Rameshwar Prasad v. Union of India. The Court stated, “The
constitutionalism or constitutional system of Government abhors
absolutism
In IR Coehlo v. State of Tamil Nadu, the Court held that

Constitutionalism is a legal principle that requires control over the exercise
of governmental power to ensure that the democratic principles on which
the government is formed shall not be destroyed.
Chandrachud, CJ, in Minerva Mills case observed, – “The Constitution is a

precious heritage and, therefore, you cannot destroy its identity”.

Constitutionalism is an amalgamation of the following underlying

principles:
1. Sovereignty: the government is of the people, by the people, for

the people.
2. Supremacy of the Constitution and Rule of Law: country is run

through laws and regulations not by authority or powers.
3. Political Democracy: In a democracy, individual rights and

equality should be protected. It declares equal rights to all the
individuals within the country.
4. Representative Government: representatives are selected

through a proper election process by the people and answerable to
the general public for their actions.
5. Separation of Power: power are divided into Executive,

Legislative, and Judiciary. This helps keep checks and balances in
each area separately and in a better way.
6. Civilian Control of the Military Force: Civilian government should

control the Military force in such a way that the Military cannot have
any way to interfere in the democratic decision-making process of
the country.
7. Police Governed by Law and Judicial Control: Police power

should be judged by the Law and Judicial control. Police have no
right to harm the dignity of the people.
8. An Independent Judiciary: The independence of the Judiciary

system ensures the freedom of the democratic power in India. It
means that the government is free to run the country if the laws
support it.

9. PREAMBLE TO THE CONSTITUTION
The Preamble reads
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
And to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of
the Nation;
Preamble forms the basis to understand various provisions, objectives and

aspirations intending to be achieved
 It contains the enacting clause which brings the constitution to force

 It declares the type of Govt and polity sought to be established in the
country
 It declares the rights and freedom which the people of India have
Rules for interpretation of Preamble to the constitution
a) Preamble is not part of the constitution and hence it cannot be amended

by parliament Berubari Union & Exchange of Enclaves (SC)
b) Preamble was the key to the mind of the constitution makers , it could not
be regarded as part of the constitution Sajjan Singh V State of Rajasthan
c) There is no wrong in treating the preamble as part of the constitution.

Union Govt could not while amending the constitution destroy the basic structure
of the constitution Kesevananda Bharti v State of Kerala
d) Preamble is an integral part of the constitution SR Bommai Vs. union of

India
e) After the 42nd amendment to the constitution, the preamble at present

forms part of the constitution and cannot be disturbed by the parliament using
the unlimited amending power

10. ARTICLE 370 ITS FEATURES AND SCRAPPING
Maharaja Hari Singh, the ruler of the princely state of Jammu and
Kashmir, signed the Instrument of Accession on October 26, 1947, the
state became a part of the Dominion of India.
Article 370 of the Indian Constitution states that J&K is covered only by
Articles 1 and 370. The President, in consultation with the state
government, was to make the decision about the application of Other
Articles.
The article 370 allowed the state a certain amount of autonomy
1) The State of Jammu and Kashmir has its own different flag
and Constitution.
2) The presidential rule cannot be imposed in the state, only the

Governor’s rule can be proclaimed.
3) The Government of India cannot declare a financial emergency

under Article 360 in the state. Only a national emergency can be
imposed in matters of external aggression or war
4) The state has its own Criminal code titled as Ranbir Penal Code.
5) Official language of the state is Urdu and use of English is permitted

unless the state legislature provides otherwise.
6) Fundamental duties under article 51A is not applicable to J&K citizen
7) The citizens in the state have dual citizenship.

8) Permanent residents of Jammu and Kashmir were given exceptional

privileges and rights under Article 35 A, including the ability to
purchase property there, preference in hiring for positions in the
public sector, and other benefits. According to this article, only
citizens of Jammu and Kashmir who dwell there year-round are
eligible to purchase real estate there and cast ballots in local
elections.
9) The term of other Indian state Legislators is 5 years whereas, for

Kashmir, it was 6 years.
The Indian Government revoked on August 5, 2019 Article 370 and

thereby the special status of Jammu and Kashmir ceased to operate.
With the scrapping of Article 370 the government gives full applicability
of the Indian Constitution in Jammu and Kashmir. Jammu and Kashmir
was created as a separate Union Territory with an assembly while
Ladakh was carved as a Union Territory without an assembly
Number of petitions were filed before Supreme Court challenging the

abrogation of article 370 and Jammu and Kashmir’s special status. In
August 2019 the Supreme Court of India constituted a five-member
bench to hear the petitions related to challenging the validity of the
government’s decision to repeal the special status given to Jammu and
Kashmir under article 370.
.

11. CITIZENSHIP , MEANING KINDS AND METHODS OF

ACQUIRING
a) Meaning
Citizenship entails the enjoyment of full membership of any State in

which a citizen has civil and political rights.
Citizenship is a process by which, the state under the constitution

confers on a person certain rights, civil and political
Citizenship mean that the citizen shall receive certain care ,

protection , facilities , be entitled to hold offices , be eligible for
recruitment to public services and be subject to certain obligation such
as taxation etc.
Single Citizenship: a person will have only citizenship in a country. In

India, the citizens will have only one citizen ship.
Dual Citizenship: in this kind, the citizen will have two citizenship
Federal citizenship and citizenship of the state. For example citizenship
of America and the state citizenship of state of California, New York
etc.
b) Acquisition of citizenship
Methods of acquiring citizenship of India

1) Acquisition of citizenship at the commencement of constitution
2) Citizenship under the citizenship Act 1955
1) Acquisition of citizenship at the commencement of

constitution
In India, Articles 5 – 11 of the Constitution deals with the concept of
citizenship at the time of commencement of constitution
a) Article 5: Citizenship by domicile

b) Article 6: Citizenship of persons migrated from Pakistan
c) Article 7: A person migrated to Pakistan returns to India
d) Article 8: Citizenship of Resident outside India

a) Article -5: Citizenship by domicile
Citizenship is conferred to persons who have their domicile in Indian

Territory, born in Indian Territory or whose either parent was born in
Indian Territory or who has ordinarily been a resident of India for not less
than 5 years immediately preceding the commencement of the
Constitution
b) Article 6: Citizenship of persons migrated from Pakistan
Any person who has migrated from Pakistan shall be a citizen of India at
the time of the commencement of the Constitution if He or either of his
parents or any of his grandparents was born in India as given in the
Government of India Act of 1935 subject to certain conditions
c) Article 7: A person migrated to Pakistan returns to India for

resettlement is entitled to Indian Citizenship subject to certain
condition
d) Article 8: Citizenship of Resident outside India
A person who or either of his parent was born in India who ordinarily
resides outside India makes an application for registration before the
consular or diplomatic authorities in India
2) Citizenship under the citizenship Act
5 ways of acquiring Indian citizenship are:
1. By Birth
2. By Acquisition or Incorporation of Territory
3. By Descent
4. By Registration
5. By Naturalization

1. By Birth: citizenship based on birth
Any person born in India
(a) Born on or after 26 January 1950 but before 1 July 1987,

irrespective of the citizenship of parents. It is called jus soli (right of
soil).
(b) Born on or after 1 July 1987 but before 3 December 2004 both,
either of the parents should be a citizen of India at the time of his
birth. It is called jus sanguins (right of blood or descent).
(c) Person born on or after 3 December 2004, both the parents of the
child born should be a citizen of India at the time of birth.
A person shall not acquire citizenship of India if any of his parents is envoy
(foreign diplomat) or enemy alien or an illegal immigrant.
2. By Acquisition or Incorporation of Territory
If any territory or state becomes part of India, then the central

government shall declare it as part of the Union of India by issuing official
Gazette. Many territories such as Goa, Sikkim, Puducherry, Daman and
Diu became part of India, and their population became citizens of India.
3. By Descent
Any person born outside India
a) Born outside on or after 26 January 1950, but before 10 December

1992 if his father is citizen of India at the time of birth.
b) Born outside on or after 10 December 1992 but before 3 December

2004, either of the parent (mother or father) must be having
citizenship of India.

After passing of the Citizenship Amendment Act, 2003 that a child born
shall not be Indian merely because of his descent. The law mandates
compulsory registration within one year of birth.
4. By Registration
Categories of people want to submit an application to the Central

Government and they can also be registered as Indian Citizens
a) A person of Indian origin, who was ordinarily a resident of India for

seven years before making an application for registration.
b) A person married to an Indian citizenship and is ordinarily residing in

India for seven years before making the application for registration.
c) A person is a minor and his / her parents are citizen of India.
d) A person who or his parents were earlier citizens of India after

independence and is residing in India for a year before making the
application for registration.
e) If a person is registered as an overseas citizen of India and is residing

for one year before making the application for registration.
5. By Naturalization
Citizenship is acquired by making an application to the central

government. For granting citizenship to a person, the criteria of the third
schedule of this act must be satisfied.

12. LOSING OF INDIAN CITIZENSHIP CIRCUMSTANCES
Under the Citizenship Act, 1955 any Indian citizen may lose his citizenship
in three methods such as by renunciation, by termination and by
deprivation.
1) Renunciation of Citizenship [Section 8]

An Indian Citizen of full age and capacity can renounce his Indian
citizenship by making a declaration to that effect and register it.
When a male person renounces his citizenship, every minor child of him
ceases to be an Indian citizen. Such a child may, however, resume Indian
citizenship if he makes a declaration to that effect within a year of his
attaining full age, i.e. 18 years.
2) Termination Of Citizenship [Section 9]

If a citizen of India voluntarily acquires the citizenship of another country,
he shall cease to be a citizen of India.
3) Deprivation Of Citizenship [Section 10]

Deprivation is a compulsory termination of citizenship of India. A citizen of
India may be deprived of his citizenship by an order of the Central
Government if it is satisfied that:
a. The citizen has obtained the citizenship by means of fraud, false

representation or concealment of any material fact;
b. The citizen has shown disloyalty to the Constitution of India;
c. The citizen has unlawfully traded or communicated with the enemy
during a war;
d. The citizen has, within five years after registration or neutralization,
been imprisoned in any country for two years;
e. The citizen has been ordinarily resident out of India for seven years
continuously without registering annually in Indian consulate, his
intention to retain his Indian citizenship. Does not apply for stay out
of India as a student in an educational institution, service for Govt of
India, or in an International Organisation in which India is a member.

13. SALIENT FEATURES THE CITIZENSHIP AMENDMENTS ACT

2019
Illegal immigrant is defined in the Citizenship Amendment Act, 2016, as

any person who enters the territory of India without a valid passport, fake
passport, or stays beyond Visa permit.
As per Citizenship Amendment Act 2019 proviso to section 2(1)(b) in

inserted which provides that that any person belonging to Hindu, Sikh,
Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh
or Pakistan, who entered into India on or before the 31st day of
December, 2014 shall not be considered as illegal immigrant.
The intention of the amendment to make it easier for persecuted people

from India’s neighboring countries, on the ground of religion, to become
citizens of India. It aims to protect such people from proceedings of illegal
migration.
The amendment relaxes the requirement of naturalization from 11 years

to 5 years as a specific condition for applicants belonging to these six
religions.
The cut-off date for citizenship is December 31, 2014, which means the
applicant should have entered India on or before that date.
The amendment says persons holding Overseas Citizen of India (OCI) can
lose their status if they violate local laws for major and minor offences and
violations.
The Act will not apply illegal migrants in the tribal areas of Assam,
Meghalaya, Mizoram, and Tripura, as included in the Sixth Schedule of the
Constitution

UNIT-2: HEADINGS
PAGE
S.No TOPIC
NO.
1 STATE MEANING 21
2 PRE-CONSTITUTIONAL LAWS POST- 23

CONSTITUTIONAL LAWS
3 DOCTRINE OF SEVERABILITY 24
4 DOCTRINE OF WAIVER 26
5 DOCTRINE OF ECLIPSE 27
6 JUDICIAL REVIEW 28
7 FUNDAMENTAL RIGHTS 30
8 RIGHT TO EQUALITY (ARTICLE 14-18) 33
9 REASONABLE CLASSIFICATION 34
10 CLASS LEGISLATION 35
11 MANDAL COMMISSION REPORT 36

1. STATE MEANING (ARTICLE 12)
The Indian constitution guarantees the fundamental rights to the citizen of

India. In the event, any fundamental rights is violated or infringed, the
citizen can enforce his right against the state
For this purpose one needs to know what the state is. State includes
a) The union Govt and parliament
b) The state Govt and the state legislature
c) All Local Authorities
d) other authorities within the territory of India and under the control
of India
The SC has held that definition of state in article 12 is applicable only for
fundamental rights and directive principle provided in Part III and IV of the
constitution not for other provisions of the constitution
Based on various decision of SC the following authorities are considered as

the state for this purpose
a) University
b) Airport authorities
c) Electricity boards
d) Judiciary
e) Body Corporate

Test to determine the other authorities
1) The body must have the power to give direction and its disobedience
is a punishable offence
2) The body must be instrument or agent of the Govt carrying out

governmental or quasi-governmental functions
3) The body must be invested with the power to make rules and
regulation having the force of law
4) The body must have been created for the administration of laws
executed by the legislative
Based on the test the following institutions are also considered as other
authorities for the purpose of Article 12
1) Delhi Development authority
2) Public Service Commission
3) Nationalised banks
4) Life Insurance Corporation of India
5) Oil and Natural Gas Commission
6) International Airport Authority of India

2. PRE-CONSTITUTIONAL LAWS POST-CONSTITUTIONAL LAWS
a) Pre-constitutional laws
During India’s rule under the British reign, there were various laws and
acts passed by the British government.
The Regulating Act of 1773 was seen as a foundation stone laid by the
East India Company to ensure its smooth functioning in the Indian Sub-
Continent. Further, the Indian Independence Act marked the end of
British rule in India which was given effect on 15 August 1947.
b) Post-Constitutional laws
Post-constitutional laws are the ones which were brought into effect
after the enactment of the Constitution of India, 1950. All those acts
which were given effect after January 26, 1950 fall under the ambit of
Post-Constitutional Laws.
There are laws which were brought into effect during the British era
before the formation of the constitution and are still being followed in
the same manner, like that of the- Indian Penal Code, Police Act,
1861 and even the Societies Registration Act, 1860. Some of these Acts
still in practice with required amendments.
According to article 13 of the constitution, all laws in force

immediately before the commencement of this Constitution in the
territory of India, in so far as they are inconsistent with the provisions
of this Part, shall, to the extent of such inconsistency, be void.
It means that the whole law is not void under Article 13 but only that
portion of law is void which contravenes fundamental rights. Rest of the
law may continue to stand and remain operative
On the other hand sub-clause (2) of the Article 13 states “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”.

From this, it can be concluded that Article 13(1) deals with the pre-
constitutional laws and Article 13(2) deals with Post-Constitutional
Laws.
Doctrine of severability means that if the offending provision can be

separated from what is constitutional then only the part of the law
which is contravention will be declared void. Whole law need not be
struck down.
The Doctrine of Eclipse states that any law which is inconsistent with
fundamental rights is not invalid. It is not totally dead but
overshadowed by the fundamental right. The inconsistency (conflict)
can be removed by constitutional amendment.
3. DOCTRINE OF SEVERABILITY

immediately before the commencement of this Constitution in the
territory of India, in so far as they are inconsistent with the provisions
of this Part, shall, to the extent of such inconsistency, be void.
portion of law is void which contravenes fundamental rights. Rest of
the law may continue to stand and remain operative
Doctrine of severability means that if the offending provision can be

separated from what is constitutional then only the part of the law
which is in the contravention will be declared void. Whole law need not
be struck down.
There is, however, one exception to this. If the valid portion of law is
so closely mixed with the invalid portion. If the invalid portion is struck
down the rest of the statute will be meaningless or will not be able to
stand on its legs. In such situation the whole statute will be declared
void.

In R.M.D.C. v. Union of India, Supreme Court held that when after

removing the invalid portion what remains is a complete code then
there is no necessity to declare the whole Act void. Supreme Court laid
down the following propositions with respect to doctrine of
severability:-
 The intention of legislature is the determining factor. The test to be

applied is whether the legislature would have enacted the valid part
if it had known that the rest of the statute was invalid.
 If the valid and invalid provisions are so inextricably mixed up that

they cannot be separated from one another then the invalidity of a
portion must result in invalidity of the Act in its entirety.
 If they are so distinctive and separate that after striking out what is
invalid and what survives can stand on its own legs, is workable
and is a complete code
Other decided cases, in which doctrine of severability applied are
 A K Gopalan v. State of Madras

 Romesh Thapar v. State of Madras, SC
 State of Bombay v. F N Balsara (SC)
 Minerva Mills Ltd v. U O I
 D S Nakara v. U O I
 Kihota Hollohan v. Zachillhu

4. DOCTRINE OF WAIVER
Waiving a right means a person can choose to relinquish or not to assert

his right. This doctrine is based on the principle that a person is the best
judge of his own interest and when given full knowledge, the person
should be allowed to decide for himself.
In India, a person can waive rights conferred by a statute or rights arising

out of a contract, but cannot waive constitutional rights or rights
guaranteed by the constitution itself.
The Fundamental Rights exist in the Constitution not merely for an

individual’s benefit, but are a matter of public policy. Rights which are part
of public policy cannot be waived. Additionally, the Constitution imposes
an obligation on the state to protect these rights.
Accordingly no waiver is permissible in the case of fundamental rights

enshrined in our constitution.
Famous decided cases are
 Basheshar Nath v. Commissioner Of Income Tax (SC)
 Muthiah v. I.T. Commissioner (SC)
 Olga Tellis v. Bombay Corporation (SC)

5. DOCTRINE OF ECLIPSE

immediately before the commencement of this Constitution in the territory
of India, in so far as they are inconsistent with the provisions of this Part,
shall, to the extent of such inconsistency, be void.
portion of law is void which contravenes fundamental rights. Rest of the
law may continue to stand and remain operative
The Doctrine of Eclipse states that any law which is inconsistent with
fundamental rights is not invalid. It is not totally dead but overshadowed
by the fundamental right. The inconsistency (conflict) can be removed by
constitutional amendment.
The doctrine of eclipse is based on a principle that the law which

contravenes Fundamental Rights is not void ab initio. It remains in a
morbid condition and unenforceable. It is not totally wiped out from the
statute book. They are valid for all past transactions i.e. transactions prior
to commencement of Constitution. They also remain valid for the
determination of rights of persons who have not been given fundamental
rights by the Constitution.
Supreme Court in Bhikhaji v. State of Madhya Pradesh, SC 781

formulated the doctrine of eclipse. The court held that under this doctrine
the law is overshadowed by fundamental right and remain dormant. It
becomes enforceable as soon as the constitutional impediment is removed
by amending the impugned fundamental right. The law is merely eclipsed
for the time being and as soon as eclipse is removed the law begins to
operate.
Supreme Court held that the doctrine of eclipse is only applicable to pre-
constitutional laws and not to post-constitutional laws. The court reasoned
that the post-constitutional laws, if they contravene Part III, are void ab
initio and a subsequent constitutional amendment cannot revive them.

This view was endorsed by the court in Deep Chand v. State of U.P. SC
and Mahendra Lal Jain v. State of U.P. SC.
Subsequently in State of Gujarat v. Ambica Mills, SC the court modified

its view expressed in Deep Chand’s case, Mahendra Lal Jain’s
case and Sagir Ahmed’s case. The court held that post-constitutional
laws, which are inconsistent with fundamental rights, are not void ab
initio for all purposes.
If a post-constitutional law takes away right conferred by Article 19 then

such law will be void only with respect to citizens because rights under
Article 19 are given only to citizens. Such law will validly operate with
respect to non-citizens. Since such laws are not void ab intio for all
purposes the doctrine of eclipse can be applied to post-constitutional laws
as well.
6. JUDICIAL REVIEW
In India, judicial review can be done by the High Courts and the Supreme
Court.
The powers of judicial review are delegated to High courts under Article
226 and Article 227 and to the Supreme Court under Article 32 and Article
136 of the Constitution of India
Judicial review is significant for the reasons mentioned as under:

a) It averts the tyranny of executives.
b) It safeguards the fundamental rights of the citizens.
c) It is crucial for shielding the independence of the judiciary.
d) It necessary for maintaining the supremacy of the Constitution.
e) It also helps in intercepting the misuse of power by the legislature and
the executive.
f) It aids in maintaining the equilibrium between the centre and the state,
thus keeping a federal balance.

Judicial review is not absolute it shall be used by the Supreme Court or

high courts, i.e., a law can be questioned only if:
1. The law violates the fundamental rights that are enshrined by the
Constitution.
2. The law infringes upon the provisions listed in the Constitution.
3. The enacted law goes beyond the capacity or power of the official in
charge that enacted it.
Grounds for judicial review
1. Constitutional Amendment
2. Lack of jurisdiction
3. Excess of jurisdiction
4. Abuse of jurisdiction
5. Failure to exercise jurisdiction
6. Malfeasance in office/improper purpose
7. A mistake apparent on the face of the record
8. Procedural impropriety

7. FUNDAMENTAL RIGHTS
Fundamental Rights Meaning
Fundamental rights are the basic human rights enshrined in

the Constitution of India which are guaranteed to all citizens. They are
granted without discrimination on the basis of race, religion, gender, etc.
Significantly, fundamental rights are enforceable by the courts, subject to
certain conditions.
Features of Fundamental Rights
 Fundamental rights are available to all citizens
 Fundamental rights are not absolute rights. They have reasonable

restrictions, which means they are subject to the conditions of state
security, public morality and decency and friendly relations with foreign
countries.
 They are justiciable, implying they are enforceable by courts. People

can approach the SC directly in case of violation of fundamental rights.
 Fundamental rights can be amended by the Parliament by a

constitutional amendment but only if the amendment does not alter
the basic structure of the Constitution.
 Fundamental rights can be suspended during a national emergency.

But, the rights guaranteed under Articles 20 and 21 cannot be
suspended.
 The application of fundamental rights can be restricted in an area that

has been placed under martial law or military rule.

Fundamental Rights List
There are six fundamental rights of Indian Constitution along with the
constitutional articles related to them are mentioned below:
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone, irrespective of

religion, gender, caste, race or place of birth. It ensures equal
employment opportunities in the government and insures against
discrimination by the State in matters of employment on the basis of
caste, religion, etc. This right also includes the abolition of titles as well as
untouchability.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic

society. The Indian Constitution guarantees freedom to citizens. This right
includes rights such as:
 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practice any profession
 Freedom to reside in any part of the country

Some of these rights are subject to certain conditions of state security,

public morality and decency and friendly relations with foreign countries.
This means that the State has the right to impose reasonable restrictions
on them.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begging, and
other forms of forced labour. It also implies the prohibition of children in
factories, etc. The Constitution prohibits the employment of children under
14 years in hazardous conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect
given to all religions. There is freedom of conscience, profession, practice
and propagation of religion. The State has no official religion. Every person
has the right to freely practice his or her faith, establish and maintain
religious and charitable institutions.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic

minorities, by facilitating them to preserve their heritage and culture.
Educational rights are for ensuring education for everyone without any
discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are

violated. The government cannot infringe upon or curb anyone’s rights.
When these rights are violated, the aggrieved party can approach the
courts. Citizens can even go directly to the Supreme Court which can issue
writs for enforcing fundamental rights.

8. RIGHT TO EQUALITY (ARTICLE 14-18)
Article 14 of the Constitution of India says that State shall not deny to any
person equality before the law or the equal protection of the laws within
the territory of India.
Although both sound similar, they don’t mean the same but differ
subjectively.
Equality before law

1) The word Law is used here in a genuine sense – a philosophical sense
2) Equality means that no one is above the law of the land. Thus it has
slightly negative connotation.
3) It means that law does not discriminate on the basis of birth, position,
gender or other personal attributes. Thus, privileged, underprivileged
and unprivileged are equal before law.
4) Equality before the law talks about equal subjection of all citizens (rich
or poor, high or low, official or non-official) to the ordinary law of the
land administered by the ordinary law courts and is a negative concept
as implies the absence of any privilege in favor of any individual and
equal subjection of all classes to the ordinary law
Equal protection of law
1) The word Law is used here denotes specific laws in force

2) It means that law provides equal opportunities to all those who are in
similar circumstances or situations.
3) Equal protection of the laws is a Positive Concept as it implies equality
of treatment in equal circumstances both in privileges conferred and
liabilities imposed.
4) So, all the persons must be treated alike on reasonable classification.
Among equals law should be equal and equally administered. The
guarantee of equal protection applies against substantive as well as
procedural laws
Vishaka vs. State of Rajasthan (SC) it was held that sexual harassment
of working woman amounts violation of gender equality and also violation
right to practice any occupation , professional or trade under article 19

9. REASONABLE CLASSIFICATION
Both Equality before law and Equal protection of law aim to establish the
“Equality of Status and Opportunity” as embodied in the Preamble of the
Constitution.
Since all persons are not, by nature, attainment or circumstances in the

same positions, article 14 provides that state can treat different persons
differently if circumstances justify such treatment. The above right is not
an absolute right treating all equally, sometimes becomes inequality
This is called Doctrine of Reasonable classification and it says

that protective discrimination is also a facet of equality. Hence, is subject
to an exception called reasonable classification. Article 14 forbids class
legislation but permits reasonable classification.
The two tests of classification are as follows:
1. Intelligible Differentia: The classification must be founded on an

intelligible differentia which distinguishes those that are grouped together
from other. Arbitrariness is an anti-thesis to the right to equality. Hence,
there should be no scope of arbitrariness in classification.
2. Rational Relation: That differentia must have a rational relation to the

object sought to be achieved by the Act. It is necessary that there must be
nexus between the basis of classification and the object of the act which
makes the classification.
It is only when there is no reasonable basis for a classification that

legislation making such classification may be declared discriminatory.
a) Maneka Gandhi v. Union of India
b) Lachmandas v. State of Bombay
c) State of West Bengal v. Anvar Ali,
d) E.P Royappa v. State of Tamil Nadu & Another,

10. CLASS LEGISLATION
Article 14 permits Reasonable Classification and not Class Legislation.
Class Legislation means making of improper discrimination by conferring

certain privileges upon a class of persons arbitrarily selected from a huge
number of people. Thus, Class legislation violates equal protection
whereas, Reasonable Classification is always based on real and substantial
distinction.
In Ram Krishna Dalmia v. Justice S.R. Tendolkar, the Supreme Court

held that, it is now well established that while Article 14 forbids class
legislation, it does not forbid reasonable classification for the purposes of
legislation. It condemns discrimination not only by a substantive law but
also by a law of procedure.
Article 14 does not mean that all laws must be general or same laws
should be applied to everyone. Every law cannot have universal
application. This is because each person is not same. There can be a
difference between each other through nature or circumstances. Further,
the identical treatment in unequal circumstances would amount to
inequality.
Hence, Article 14 forbids the class legislation but it does not forbid
reasonable classification, however, these classifications must not be
'arbitrary, artificial or evasive'. The following classification for considered
reasonable
1) Geographical Basis : prohibition in Tamilnadu, Tenancy law in Andhra
2) State level discrimination : state only run bus transport
3) Taxation Laws : Tax rate and surcharge on different levels of income
4) Special courts and procedures established for speedy trial of certain
offences
5) Age: minor or major
6) Sex : classification based on male or female
7) Administrative discretion by authorities like Collector to refuse any
granting of licence
8) Judicial discrimination such as civil or criminal

11. MANDAL COMMISSION REPORT
The central Govt appointed Mandal Commission to study whether socially

and backward classes other than the scheduled castes and tribes can be
given reservations in educational and employment fields
The commission submitted its report stating that socially and educationally
back ward classes should be given a percentage of reservation both in
education and employment opportunities in Govt and quasi Govt
institutions
The central Govt implemented the report by giving reservation of 27% to

backward and most back ward classes in addition to the existing 23% to
scheduled castes and tribes
This was challenged before the SC full bench, which has held that such
reservation of 27% is not violative of fundamental rights nor it can be
created as a class legislation. It is a reasonable classification under Art 14
of the constitution. The SC however has directed that all reservation put
together should not exceed 50% and for open competition a minimum of
50% should be thrown open

UNIT-3: HEADINGS
PAGE
S.No TOPIC
NO.
1 EQUALITY OF OPPORTUNITY IN MATTERS OF 38
PUBLIC EMPLOYMENT
2 UNTOUCHABILITY 39
3 RIGHT TO FREEDOM 40
4 PROTECTION AGAINST CONVICTION OF OFFENCES 44

1. EQUALITY OF OPPORTUNITY IN MATTERS OF PUBLIC EMPLOYMENT

(ARTICLE 16)
Article 16 provides equal employment opportunities in State service for

all citizens.
No citizen shall be discriminated against in matters of public employment

or appointment on the grounds of race, religion, caste, sex, place of
birth, descent or residence.
Exceptions
Reservation for certain post for state residents only

Special reservation for appointments for any backward class of citizens
who are not adequately represented
Since 1955 the Scheduled Caste and Scheduled Tribes have been
provided with the facility of reservation for the matter of employment
and promotion under the office of State.
The honorable Supreme Court, in Indra Sawhney and Others vs.
Union of India held that the reservation of Government jobs under
Article 16(4) is limited to the appointment of the citizens belonging to the
said classes and it cannot extend to a reservation in the matter of
promotion.
However, the Court’s decision in the matter of promotion affected the
citizens belonging to Scheduled Castes and Scheduled Tribes adversely
as they were not represented well in Government services.
In order to carry out the practice which existed before the landmark
judgment of Indra Sawhney and Others vs. Union of India, it was
necessary to amend Article 16 of the Indian Constitution by inserting a
new clause (4A) in the said Article.
The amendment shall not prevent the State from making any provision
for reservation in matters of promotion to any posts in Government
services in favor of the Scheduled Castes and Scheduled Tribes.


2. UNTOUCHABILITY (ARTICLE 17)
Untouchability is abolished and its practice in any form is forbidden. The

enforcement of any disability arising out of Untouchability shall be an
offence punishable in accordance with law.
Untouchability is neither defined in the Constitution nor in the Act. It

refers to a social practice which looks down upon certain depressed
classes solely on account of their birth and makes any discrimination
against them on this ground.
The following are also punishable for untouchability
a) Insulting a member of Scheduled Caste on the ground of

untouchability or
b) Preaching untouchability directly or indirectly
c) Justifying untouchability on historical, philosophical, religious or
other grounds.
Untouchability is punishable under the Untouchability (Offences) Act,

1955. In 1976, it was made more stringent and was renamed ‘The
Protection of Civil Rights Act, 1955.
There is a presumption of the offence of untouchability in favour of the

member of the scheduled caste who is subjected to discrimination or
disability
All offences under the Act have been made non-compoundable. The
Act prescribes punishment (1-2 years imprisonment)

3. RIGHT TO FREEDOM (ARTICLE 19-22)
Right to freedoms consists of the following freedom
a) Freedom of speech and expression Article 19(1)(a)

b) Right to form associations Article 19(1)(c)
c) Freedom of Movement Article 19(1)(d)
d) Freedom of residence Article 19(1)(e)
a) Freedom of speech and expression Article 19(1)(a)
As per Article 19(1) (a) of the Constitution of India all citizens shall have
the right to freedom of speech and expression. The freedom of speech
under Article 19(1) (a) includes the right to express one’s views and
opinions at any issue through any medium, e.g. by words of mouth,
writing, printing, picture, film, movie etc.
This right is available only to a citizen of India and not to foreign

nationals.
Based on various decided cases the following amount to freedom of

speech and expression:
a) Freedom of Press: Freedom of speech include right to propagate

one’s views through print media or any other communication
channel e.g. radio, television.
b) Freedom of speech includes commercial speech such as commercial

advertisement
c) Right to Broadcast: This would include the electronic and the

broadcast media.
d) Right to information: The freedom of 'speech and expression also

includes right to receive information.

e) Right to criticize: Open criticism of government policies and

operations is not a ground for restricting expression. Intolerance is
as much dangerous to democracy as to the person himself.
f) Right to expression beyond national boundaries
g) Right to speech and expression also includes Right to silence
Restriction on freedoms
Clause (2) of Article 19 of the Indian constitution imposes certain

restrictions on freedom of speech and expression on the following grounds
a) In the interest of the security of the State.
b) Friendly relations with foreign States.
c) To maintain n public peace and public Public order
d) To maintain Decency and morality in public
e) Contempt of court not allowed.
f) Defamation: freedom to hurt another’s reputation
g) Incitement to an offense: any statement that incites people to

commit offense.
h) Any statements that challenge Sovereignty and integrity of India

b) Right to form associations
Article 19(1) (c) of the Constitution of India guarantees to all its citizens
the right “to form associations, or unions or Co- Operative Societies.
The right to form association includes the right to form companies,

societies, partnerships, trade union and political parties
.
The right guaranteed is not merely the right to form association but also
to continue with the association as such.
The freedom to form association implies also the freedom to form or not
to form, to join or not to join, an association or union.
Under clause (4) of the Article 19, however, the State may by law impose
reasonable restrictions on this right in the interest of public order or
morality or the sovereignty and integrity of India in the following
situations
a) To safeguard the sovereignty of the country

b) To maintain safety, public peace, order and tranquility of the country
c) To protect from immorality, indecency or obscenity.
In Haji Mohd.v. District Board, Malda, it was held that a restriction

requiring a teacher to take prior permission to engage in political activities
is a reasonable restriction. It aimed at preventing teachers from getting
mixed up with political institutions.
In Ramkrishna v. President, District Board, 0, a Government order

requiring municipal teachers not to join unions other than those officially
approved was held to impose prior restraint on the right to form
association and union, which was in the nature of administrative
censorship, and hence invalid.

c) Freedom of Movement Article 19(1)(d)
Article 19(1)(d) of The Indian Constitution guarantees to all Citizens of

India the Right "to move freely throughout the territory of India." and to
reside and settle in any Part of the of the Territory of India
Kharak Singh V. State of UP SC , In this case, Supreme Court Held that

the right to move freely throughout the territory of India means the right
of locomotion which connotes the right to move wherever one likes, and
however one likes.
This Right is, however subject to reasonable restrictions
a) in the interest of general public or
b) for the protection of the interest of any Scheduled Tribe.
State of Uttar Pradesh Vs. Kaushalya SC In this Case Supreme court

held that the right of movement of prostitutes may be restricted on
ground of Public Health and in the interest of Public Morals.
d) Freedom of residence Article 19(1)(e)
Article 19(1) (e) of The Indian Constitution guarantees to all Citizens of

India the Right " to reside and settle in any Part of the of the Territory of
India
This Right is, however subject to reasonable restrictions
a) in the interest of general public or

b) for the protection of the interest of any Scheduled Tribe.

4. PROTECTION AGAINST CONVICTION OF OFFENCES
Article 20 provides for Protection in respect of conviction for offences.
a) No person shall be convicted of any offence except for violation of

the law in force at the time of the commission of the act charged
as an offence, nor be subjected to a penalty greater than what is
in force in law at the time of the commission of the offence. (Ex
Post facto law)
b) No person shall be prosecuted and punished for the same offence
more than once. (Double Jeopardy)
c) No person accused of any offence shall be compelled to be a
witness against himself (self-incrimination)
a) Ex-post Facto Law
No person shall be convicted of any offence except for violation of the

law in force at the time of the commission of the act charged as an
offence, nor be subjected to a penalty greater than that which might
have been inflicted under the law in force at the time of the
commission of the offence
For Example: If a person ‘A commits an offence in the year 1947, as

per the act in that year the punishment was imprisonment of fine or
both the same act was amended in 1949 which enhanced the
punishment of the same offence by as additional fine. In such a case
the punishment enhanced would not be applicable to the act of 1947,
the same would be set-aside
Ex Post Facto Laws are of 3 kinds as follow:

i) A law which declares some act or omission as an offence for the
first time after the completion of that act or omission.
ii) A law which enhances a punishment or penalty for an offence
subsequent to the commission of that offence.
iii) A law which prescribes a new and different procedure for the
Prosecution of an offence subsequent to the commission of that
offence
Article 20 (1) applies when a punishment is imposed for offences

through criminal prosecution (even under tax laws).

b) DOUBLE JEOPARDY
Article 20 (2) runs “No person shall be prosecuted and punished for the
same offence more than once”. This rule is known as double jeopardy.
This doctrine is derived from the Maxim of the English Common Law,
Nemo debet bis vexari meaning a man must not be put twice in peril for
the same offence.
'Double Jeopardy' is the act of putting a person on second trial for an

offence of which he or she was already been tried and prosecuted or
convicted. The doctrine lays that if a person is charged for an offence and
tried in the court of law of which he has been declared innocent or guilty
cannot be tried again for the similar offence
Based on various judicial declaration the following are the rules to be kept
in mind avail the benefit of Double Jeopardy
a) That the accused or the person in question must have been tried by
the court previously and it is concerned only with judicial prosecution
and proceedings. Maqbool Hussain v. State of Bombay .In other
words Departmental Proceedings are independent of trial by a judicial
court or tribunal.
b) The court trying the case must be competent, i.e. it should act under
its competent jurisdiction and shouldn’t exceed its power.
c) The previous proceeding must have ended in either acquittal or

conviction and if it ended merely after inquiry, such cases are not
covered. Kalavati v. State of HP
d) The previous conviction/acquittal must be in force and should not

have been set aside by appeal or re-trial.
e) In the subsequent trial, he/she must be tried for the same offence and
on same facts for any other offence.

c) SELF-INCRIMINATION
Statements are two kinds a) Self-serving statements b) Self harming

statements. It is based on a Maxim that no man is bound to accuse
himself.
Article 20 (3) runs - “No person accused of any offence shall be compelled
to be a witness against himself”.
The key ingredients are
a) The person must be accused of an offence.
b) The protection is against compulsion to be a witness.
c) The compulsion relates to giving evidence against himself.
To be a witness” means imparting knowledge in respect of relevant facts

by oral statement or a statement in writing made or given in a court or
otherwise.
The expression “to be witness” means bearing testimony in court or out of

court by a person accused of an offence orally or in writing
The Courts have held that if the self-incriminatory information has been
given by an accused person without any threat or coercion that will be
admissible in evidence and will not be hit by the provisions of Article
20(3), for the reason that there has been no compulsion

UNIT-4: HEADINGS
PAGE
S.No TOPIC
NO.
1 PROTECTION OF LIFE AND PERSONAL LIBERTY 47
2 RIGHT TO FREEDOM OF RELIGION 49
3 PERSONAL LIBERTY AND PROTECTION AGAINST ARBITARAY 51
ARREST AND DETENTION

1. PROTECTION OF LIFE AND PERSONAL LIBERTY (ARTICLE 21)
No person shall be deprived of his life or personal liberty except according

to procedure established by law. This implies that this right has been
provided against the State only. State here includes not just the
government, but also, government departments, local bodies, the
Legislatures, etc.
This fundamental right is available to every person, citizens and foreigners

alike.
Article 21 provides two rights, Right to life and Right to personal liberty
The right to life is not just about the right to survive. It also entails being
able to live a complete life of dignity and meaning.
The fundamental right provided by Article 21 is one of the most important

rights that the Constitution guarantees.
The Supreme Court of India has described this right as the ‘heart of
fundamental rights’. The Court gave a list of rights that Article 21 covers
based on earlier judgments. Some of them are:
1. Right to privacy
2. Right to go abroad
3. Right to shelter
4. Right against solitary confinement
5. Right to social justice and economic empowerment
6. Right against handcuffing
7. Right against custodial death
8. Right against delayed execution
9. Doctors’ assistance
10. Right against public hanging
11. Protection of cultural heritage
12. Right to pollution-free water and air
13. Right of every child to a full development
14. Right to health and medical aid
15. Right to education
16. Protection of under-trials

Interpretation of Article 21
Judicial intervention has ensured that the scope of Article 21 has been
widening by several landmark judgments.
a) AK Gopalan Case (1950): The Supreme Court, in this case, followed a

restrictive interpretation of the expression ‘personal liberty’ and the
term ‘law’, rejecting all principles of natural justice.
b) Maneka Gandhi vs. Union of India Case (1978): This case

overturned the Gopalan case judgment. The idea of personal liberty in
Article 21 has a wide scope including many rights, some of which are
embodied under Article 19.
c) Francis Coralie Mullin vs. Union Territory of Delhi: In this case, the
court held that any procedure for the deprivation of life or liberty of a
person must be reasonable, fair and just and not arbitrary, whimsical or
fanciful.
d) Olga Tellis vs. Bombay Municipal Corporation: This case reiterated

the stand taken earlier that any procedure that would deprive a person’s
fundamental rights should conform to the norms of fair play and justice.
e) Unni Krishnan vs. State of Andhra Pradesh: In this case, the SC

upheld the expanded interpretation of the right to life.

2. RIGHT TO FREEDOM OF RELIGION (ARTICLES 25 – 28)

a) Freedom of conscience and free profession, practice, and
propagation of religion (Article 25)
Article 25 guarantees the freedom of conscience, the freedom to profess,

practice, and propagate religion to all citizens. The above-mentioned
freedoms are subject to public order, health, and morality. Restriction on
religion freedom is allowed in following cases on the basis of public order
i. Prohibition on Slaughter of cattle in public place

ii. Prohibition of System of devadais in Tamilnadu
iii. Restrictions imposed by the state on the use of loud speakers at the
time of azan is not violative of article 25 Moulana Mufti Sayeed
Mohd. Noorur Rehamn Vs. State of west Bengal
iv. The state has the power to make laws for social reforms social
welfare such as prohibition of sati
b) Freedom to manage religious affairs (Article 26)
This Article provides that every religious denomination has the following
rights, subject to morality, health, and public order.
1. The right to form and maintain institutions for religious and

charitable intents.
2. The right to manage its own affairs in the matter of religion.
3. The right to acquire the immovable and movable property.
4. The right to administer such property according to the law.
c) Freedom as to payment of taxes for promotion of any particular

religion (Article 27)
According to Article 27 of the Constitution, there can be no taxes, the

proceeds of which are directly used for the promotion and/or maintenance
of any particular religion/religious denomination.
d) Freedom as to attendance at religious instruction or religious

worship in certain educational institutions (Article 28)
This article permits educational institutions that are maintained by

religious groups to disseminate religious instruction.

3. PROTECTION AGAINST ARBITARAY ARREST AND DETENTION
According to procedure established by law, no person can be deprived of

his life or personal liberty. Article 21 of the Indian constitution provides
this right.
Article 22 provides both citizens and non-citizens with protection against

arrest and detention.
Detention is classified into two types: punitive detention and preventive

detention. Punitive detention is used to punish a person for what he has
already done while the goal of preventive detention is to keep him from
doing it if there is a reasonable suspicion that his actions will cause harm
to society or endanger the government's security.
Article 22 clauses (1) and (2) provide rights or safeguards for people
arrested under ordinary laws and held in punitive detention. They have the
following rights:
1. The right to be informed of the grounds for arrest or detention as

soon as possible.
2. The right to consult with and be represented by a legal practitioner

of his choice.
3. The right to appear in front of the nearest magistrate within 24

hours of arrest.
4. The right not to be detained in custody for more than 24 hours

without the authorisation of a magistrate.
5. The judicial magistrate can authorise the detention of the accused in

either police or judicial custody from time to time, but the total
period cannot exceed 15 days.
Prior to Maneka Gandhi's case, the court held that it was not
necessary to provide a lawyer unless the person specifically requested
one. However, as a result of the Supreme Court's ruling and a series of
cases, it is clear that the court will be obligated to provide legal
assistance to anyone arrested under any ordinary law.

The Supreme Court ruled in Hussainara Khatoon v. Home

Secretary, State of Bihar that it is the constitutional right of every
accused person who is unable to hire a lawyer due to poverty,
indigence, or an incommunicado situation to have a free legal service
provided by the state.
These safeguards as above however, not applicable to
a) Enemy aliens
b) People arrested under preventive detention law.
The procedural requirement is contained in clause 22(4) to 22(7) with

respect to preventive detention as follows:
1. No detention for more than three months unless approved by the

advisory board. ( 2 months post 44th amendment)
2. The retaining authority must communicate the new grounds for such
detention as soon as possible.
3. The detainee must be given the earliest possible opportunity to file

an appeal against the detention order.
4. No detention for more than the maximum period prescribed by a law

passed by Parliament under.

UNIT-5: HEADINGS
PAGE
S.No TOPIC
NO.
1 CONCEPT OF MINORITY 54
2 DIRECTIVE PRINCIPLES 56
3 RELATIONSHIP AND CONFLICT BETWEEN THE FUNDAMENTAL 59
RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY
4 DIFFERENCES BETWEEN FUNDAMENTAL RIGHTS AND 61
DIRECTIVE PRINCIPLES OF STATE POLICY
5 FUNDAMENTAL DUTIES 62
6 WRITS UNDER ARTICLE 32 AND ARTICLE 226 64
7 SPECIAL LEAVE TO APPEAL (ARTICLE 136) 69
CASE LAWS 70

1. CONCEPT OF MINORITY CULTURAL AND EDUCATIONAL

RIGHTS
The Constitution of India uses the word minority but does not define it.
According to Article 29 any section of the citizens inhabiting the territory
of India or any part of the country should have the right to protect their
language or script or culture which is different and varied.
Religious Minorities: The six community groups existing in India are

Muslims, Buddhists, Sikhs, Jains, Christians and Zoroastrians.
Linguistic Minorities: Class or group of people whose mother language

or mother tongue is different from that of the majority groups is known as
the linguistic minorities.
All minorities, whether based on religion or language, shall have the right
to establish and administer educational institutions of their choice.
The State shall not, in granting aid to educational institutions, discriminate

against any educational institution on the ground that it is under the
management of a minority, whether based on religion or language.
Article 29 (1) of the Indian Constitution provides that any section of the
citizens living in any part of the country having different language, script
or culture of its own, should have the right to conserve their language,
script or culture.
Article 29 (2) provides that citizens belonging to different religion, race,

caste, language or any of them, shall not be disallowed to take admission
into any educational institution which is under the supervision of the State
or getting help out of State funds on the basis of religion, race, caste,
language or any of them.
Article 30(1) of the Constitution guarantees the right to the minorities. As

per this all minorities shall have the right to set up and administer
instructional establishments of their private choice.

Article 30 (2) which shelters the State in providing help to the educational
institutions on the basis that it is under the governance of a minority
whether it is based on religion or language.
In S.P. Mittal v. Union of India: The Supreme Court stated that the
benefit of Article 30 can only be demanded by the religious or linguistic
minority community and their organization. Since the Auroville community
was not the religious or linguistic minority.
In D.A.V. College, Bhatinda v. State of Punjab, the University ordered

that Punjabi would be the one and only medium of instruction in affiliated
colleges. A University has the authority to suggest the qualification of their
academic staff but the selection and recruitment of teachers remains in
the hands of the minority educational institutions.
In Bramchari Sidheswar v. State of West Bengal, also called as the

Ram Krishna Mission case, it was decided by the Supreme Court that the
Ram Krishna Mission was set up by Swami Vivekananda to spread the idea
and values of Vedanta as explained by Ram Krishna is not considered as a
religion
In the case of TMA PAI v. State of Karnataka, "the one and only motive
or intention behind the fundamental right guaranteed under Article 30(1)
is that the minorities has the authority to bring their institutions into
existence, make their own terms and policies, own syllabus and subject
matter of the education, to make choice in providing instructions in the
subjects, to carry out examinations and award degrees and diplomas.

2. DIRECTIVE PRINCIPLES
Meaning
Directive principles means a body of guidelines to the state, the three

organs of the governmental machinery i.e. executive, legislature and
judiciary, to make all possible efforts to achieve the ideals enshrined in the
constitution
The directives are listed in Part IV of the constitution. This lay down the
end to be achieved while the Part III prescribed the means through which
the goal is to be reached
DPSP are ideals which are meant to be kept in mind by the state when it
formulates policies and enacts laws. There are various definitions to
Directive Principles of State which are given below:
 They are an ‘instrument of instructions’ which are enumerated in

the Government of India Act, 1935.
 They seek to establish economic and social democracy in the
country.
 DPSPs are ideals which are not legally enforceable by the courts for
their violation.
Classification of Principles
The Directive Principles are classified on the basis of their ideological

source and objectives. These are Directives based on:
1) Socialist Principles
2) Gandhian Principles
3) Liberal and Intellectual Principles

List of directives
a) Directives based on Socialist Principles
The state shall endeavor and strive and work towards the achievement
of the following;
1. Social, economic and political justice by minimizing inequalities in

income, status, facilities and opportunities
2. Adequate means of livelihood to all the citizens.
3. The ownership and control of material resources serve the
common good.
4. Avoid concentration of wealth in a few hands.
5. Equal pay for equal work for both men and women.
6. The protection of the strength and health of the workers.
7. Childhood and youth shall not be exploited.
8. Right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disability.
9. Just and humane conditions of work and for maternity relief.
10. All workers a living wage and a decent standard of life.
11. Participation of workers in the management of industries.
12. Raise the level of nutrition and the standard of living of people
and to improve public health.
b) Directives based on Gandhian Principles
1. Organize village panchayats under Self Government

2. Promote cottage industries in rural areas.
3. Autonomous functioning, democratic control and professional
management of cooperative societies.
4. Promote educational and economic interests of the weaker
sections
5. Improve public health and prohibit consumption of intoxicating
drinks and drugs that are injurious to health.
6. Prohibit slaughter of cows, calves and other milch cattle and to
improve their breeds.

c) Directives based on Liberal-Intellectual Principles
1. Uniform Civil Code throughout the territory of India.
2. Early childhood care and education for all children until they
complete the age of six years.
3. Organize agriculture and animal husbandry on modern and

scientific lines.
4. Protect and improve the environment and to safeguard the forests

and wildlife of the country.
5. Protect every monument or place of artistic or historic interest.
6. Separate judiciary from the executive
7. Establish international peace and security of the State shall

endeavor to:
 Maintain just and honourable relations with the nations.

 Foster respect for international law and treaty obligations.
 Encourage settlement of international disputes by arbitration.

3. RELATIONSHIP AND CONFLICT BETWEEN THE FUNDAMENTAL

RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY
Fundamental rights are rights without which a human cannot survive in a

civilized society. These are known as basic rights or justiciable rights and
impose a negative obligation.
As guaranteed in the constitution the state shall not encroach on individual

liberty. Right to Equality , Right to freedom , safeguards against arbitrary
arrest , right against exploitation , freedom of religion , cultural and
educational rights , right to constitutional remedies
Directive principles on the other hand are the positive rights and impose
obligation on the state to provide Social and Economic Charter, social
security charter and community welfare charter are the three categories
provided under the directive principles
Both fundamental rights and directive principles are the conscience of our
constitution. Fundamental rights are individual rights while the directive
principles are social rights .They are meant to supplement each other and
there is no conflict between both.
The question that arises is in case of conflict between them which one
prevails.
There are three views available
First View: fundamental rights prevail over the directive principles.
According to this fundamental rights are enforceable and hence they would
prevail over the directive principles. The SC has held that fundamental rights
are sacrosanct, beyond the scope of amendment even for the directive
principles.
 State of Madras v. Champakan Dorairajan,

 Kameswar Sing v. state of Bihar

Second View: Directive principles prevail over the fundamental

rights
According to this view directive principle being social rights should be

preferred on the grounds that individual rights may be outweighed in the
interest of the society. Mohd. Hanif Qureshi V. State of Bihar,
Kesavanada Bharati v. State of Kerala
Third view: Harmony between the fundamental rights and directive

principles
According to this view there shall be a balance between both. The courts try
to harmonize both. Fundamental rights are given priority over directive
principles and vice versa, depending on the circumstances, cases and
situation. Kerala Education Bill, Unni Krishnan v, State of AP
In view of the above, it may be concluded that one should try to establish
harmony between fundamental rights and directive principles as the
maintenance of harmony between them is basic feature of our constitution.

4. DIFFERENCES BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE

PRINCIPLES OF STATE POLICY
Fundamental Rights Directive Principles of State Policy
This take the place of pride This take a place of permanence
These are basic rights guaranteed to This is the guidelines to be followed by

Indian citizens by the state the Government while framing policies.
Political Democracy is established in Economic and Social Democracy is

with the help of Fundamental Rights established
The welfare of each individual is The welfare of the entire community is

protected through the Fundamental promoted
Rights
Violation of Fundamental Rights is Violation of Directive Principles is not a

punishable. punishable crime
Fundamental Rights are justiciable as Directive Principles are not justiciable as

they can be enforced legally by the they cannot be enforced by the courts if
courts if there is a violation. there is a violation.
These are negative in character and These are positive in nature and the
the state is asked not to do certain state is directed to take certain positive
things steps for the welfare and advantage of
the people
Can be suspended during a national Can never be suspended under any

emergency. circumstances.
derived from the Constitution of the Derived from the Constitution of Ireland
USA and Spain.

5. FUNDAMENTAL DUTIES
Fundamental duties: Meaning
The word duty literally means “a person has to do some thing or abstain
from doing some things towards / in favour of other person.
A duty prescribes a person a certain behavior primarily for some purpose
other than his own interest. Some duties may exist not only for the benefit
of other person but also in some way for the benefit of the person obliged.
The duty may be moral, ideal and jural. When the traditional duties have
been given constitutional sanction such duties are called fundamental
duties .These duties are for the observance of the citizen not for the states.
This is based on the principle that no right can exists without a
corresponding duty .The fundamental duties may create rights in favour of
the society and hence a citizen is bound to observe the same
Fundamental duties: List
Article 51-A of the constitution lays down that, it shall be the duty of every
citizen of India to -
a) Abide by the Constitution and respect national flag & National

Anthem
b) Follow ideals of the freedom struggle
c) Protect sovereignty & integrity of India
d) Defend the country and render national services when called upon
e) Sprit of common brotherhood
f) Preserve composite culture
g) Preserve natural environment
h) Develop scientific temper
i) Safeguard public property
j) Strive for excellence
k) Duty for all parents/guardians to send their children in the age group
of 6-14 years to school.

Enforcement of fundamental duties
Enforcement means either compelling observance of the pattern of

conduct enjoined by the duty of inflicting a penalty or sanction in the
event of or failure to observe it.
The fundamental duties mentioned in Article 51.A are sanctionless duties

by appearance. Nowhere sanctions are prescribed in the constitution for
the violation of these duties. However these duties can be enforced by
enacting suitable law.

6. WRITS UNDER ARTICLE 32 AND ARTICLE 226
‘‘Writs’ means command in writing in the name of the Court. It is a

legal document issued by the court that orders a person or entity to
perform a specific act or to cease performing a specific action or
deed. Writs are classified under the following heads
1. Habeas Corpus
2. Mandamus
3. Quo Warranto
4. Certiorari
5. Prohibition
1. Habeas Corpus
It means to produce the body of or have a body of. This writ is
issued by the court to the person or the authority who has detained
or imprisoned another person to bring that person before the court
and give a valid reason for the imprisonment or detention.
If no valid justification or reason for his detention is found by the

court then the court will release him from that detention.
Writ of Habeas corpus can be issued to both public and private

persons.
This Writ can be applied not only by the person who is detained but it
can also be done by some other person on behalf of the detained
person. Habeas Corpus cannot be issued in the following cases:
 When detention is lawful

 When the proceeding is for contempt of a legislature or a court
 Detention is by a competent court
 Detention is outside the jurisdiction of the court

2. Mandamus
Mandamus literally means “We Command”. In this, court order the

public authority directing it to perform its duty imposed by the law.
Illustration: A is a public servant who has a duty towards B which he

has to fulfil according to the law but he doesn’t fulfil the duty. B is
aggrieved by this non-performance and therefore approaches the High
Court for demanding the fulfilment of the duty by A.
This Writ can be issued by the Courts on the fulfilment of following

ground / condition:
 The petitioner has a right recognized by law.
 The duty which is sought to be enforced is a public duty.
 The petitioner has demanded the authority to perform their duty
but there has been non-performance of such duty.
 Such duty is mandatory and not discretionary.
 There is an absence of an effective alternative remedy to enforce
the duty of the authority.
The writ of mandamus can be issued to the government, Govt officials,

public corporations, inferior courts or tribunals, etc. Unlike Habeas
Corpus, Mandamus cannot be issued against a private individual
Mandamus cannot be issued in the following cases:
a) To enforce departmental instruction that does not possess

statutory force
b) To order someone to work when the kind of work is discretionary
and not mandatory
c) To enforce a contractual obligation
d) Mandamus cannot be issued against the Indian President or State
Governors
e) Against the Chief Justice of a High Court acting in a judicial
capacity

3. Certiorari
The writ of Certiorari means “to be certified”.
Certiorari is a Writ issued by a superior court to an inferior court. This

Writ is corrective in nature so as to correct an error which is apparent
on the records.
This can be issued when the superior court wants to decide a matter in
the case itself or if there is an excess of jurisdiction by the inferior
court. This Writ can also be issued, if the superior court finds out that
there has been a violation of natural justice
Illustration: There is a case in the District Court and the court has no
jurisdiction to decide such cases. Still, the District Court Judge tries the
case and gives his decision and an application is made by A (the
aggrieved party by such decision) to the High Court. Hereby the power
of issuing Writs, the High Court will issue a Writ of Certiorari on the
order of the District Court, as a result, the order of the District Court
will be quashed.
The writ of certiorari may be issued on the following grounds.

a) Judicial error or lack of jurisdiction
b) Improper constitution of such authority
c) If the authority is incompetent
d) Its jurisdiction is unconstitutional
e) Violation of principles of natural justice
The application of this Writ is limited to only the judicial bodies or the
bodies which perform judicial functions and it will not extend to the
Central, State or Local Governments because their functions are
administrative in nature and not judicial.

4. Quo Warranto
It means “what is your Authority”. This writ is issued by the court to

any person holding a public office questioning him under what
authority he is holding the public office. If he fails to prove his
authority then the court will issue order refraining him to hold that
office or direct him vacate his office.
Illustration: A who is a private citizen and has no qualifications for the

post of sub-inspector assumes such office. Here a Writ of Quo
Warranto can be issued against A to call into question his authority on
which he has taken the control of the office of sub-inspector.
Thus in cases where the office is of private nature, this Writ cannot be
issued by the Court.
The power to issue this Writ is discretionary on the courts and

therefore nobody can demand that the court is bound to issue this writ.
Conditions for issuing Quo Warranto
The Writ can be issued only when these conditions are fulfilled:
1. The office in issue is a public office.

2. The office was created by the Constitution or by any other statute.
3. The nature of the duties which arises from this office is public.
4. The term of the office must be of a permanent nature.
5. The person against whom the Writ is sought to be issued is in actual
possession of the office and is using such office.

5. Prohibition
The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher

in position issues this writ against a court that is lower in position to
prevent the latter from exceeding its jurisdiction or usurping a
jurisdiction that it does not possess.
For e.g., if a District Court is hearing an appeal against the judgment

of the High Court, such an act is bound to be prohibited because the
District Court does not have the power to hear such an appeal. So, a
Writ of Prohibition will be issued against such an act of District Court.
The Writ can be issued only when:
a) The inferior court or tribunal has overstepped its jurisdiction
b) The court or tribunal is acting against the provisions of law
c) Where the court is partly acting within its jurisdiction and partly
outside it, the Writ will be issued against that act which is partly
outside its jurisdiction.
d) The fact that the applicant has a right to appeal against the order
of the inferior court will not be a bar to issue this Writ.
e) This Writ can be issued only when the proceedings are pending in
the inferior court and not when an order has already been passed
by that court.
Writ of Prohibition can only be issued against judicial and quasi-judicial

authorities. It can’t be issued against administrative authorities,
legislative bodies and private individuals or bodies.

7. SPECIAL LEAVE TO APPEAL (ARTICLE 136)
Supreme Court of India has been given extraordinary jurisdiction under

Article 136 of the Constitution. By virtue of this Article, the court can grant
special leave to appeal from any judgment, decree, determination,
sentence or order in any cause or matter, passed or made by any court or
tribunal in the territory of India.
This article does not apply to any judgment, determination, sentence or

order passed or made by any court or tribunal constituted by or under any
law relating to the Armed Forces."
a) SLP can be filed against any judgment of the High Court within 90
days from the date of judgment.
b) SLP can be filed within 60 days against the order of the High Court
refusing to grant the certificate of fitness for appeal to the Supreme
Court.
The remedy under this article is discretionary and exceptional and hence it
is granted only in exceptional cases on the following grounds
a) When ,there is an excess of jurisdiction
b) Failure to exercise apparent jurisdiction
c) Committed an error of law apparent on the face of the record
d) Acted illegally
e) Violated the principles of natural justice
f) The decision involved an important question of law

Case Laws
Pooja in Tamil
The Madras High Court on Friday rejected a public interest litigation

petition which sought a direction to the Tamil Nadu government to
withdraw the ‘Annai Tamil Archanai’ scheme, which lets devotees to opt
for the chanting of hymns by priests in Tamil, instead of Sanskrit, while
performing pujas inside the sanctum sanctorum of temples.
Division Bench of Justices Elipe Dharma Rao and K. Chandru had, in March
2008, dismissed a batch of cases filed in 1998 and held that the Agama
Sastra do not prohibit chanting of mantras in Tamil.
Emmanuel v. State of Kerala: The Supreme Court of India found that the
expulsion of school children for not singing the national anthem
constituted a violation of their right to freedom of expression.
National anthem
The Jammu and Kashmir High Court has held that not standing up for
National Anthem or singing it may amount to disrespect and failure to
adhere to the
N. Surya Vs. Union of India case, Supreme Court remarked that singing
national anthem or standing for the respect of national anthem is the
fundamental duty of a citizen. But, fundamental duties are not enforceable
in the court of law, as it's wrong to force anyone to do so.

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Constitutional Law 1

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CONSTITUTIONAL LAW-1

Prepared by Haja Bathurali B.Com, FCA , CISA

UNIT-1: TABLE OF CONTENTS

Prepared by Haja B Ali for LLB Course KSLU Semester-1 2

1. MEANING AND KINDS OF CONSTITUTION

Constitution in any country regulates the affairs between the individuals

Constitution law is also known as National Law or Municipal Law. In simple

Kinds/ Classification of Constitution

1) Written and unwritten constitution

Written and unwritten constitution:

A written constitution is one which is written down in a form of a single or

Unwritten constitution is the one which is not embodied in a

Unitary and federal constitution:

Federal constitution on the other hand provides for the distribution or

Prepared by Haja B Ali for LLB Course KSLU Semester-1 3

Flexible or Rigid Constitution:

A constitution is said to be flexible if it provides for simple process for its

2. HISTORY OF INDIAN CONSTITUTION

b) According to the Charter Act of 1833, the Governor General of Bengal

Prepared by Haja B Ali for LLB Course KSLU Semester-1 4

e) The Government of India Act, 1919: According to this Act, legislative

f) The Government of India Act, 1935: enactment of this law is one of

(i) Members of the provisional assemblies indirectly elected

(ii) After Independence, the Assembly elected Dr. Rajendra Prasad

(iv) The Assembly finally adopted the Constitution on 26 January

Prepared by Haja B Ali for LLB Course KSLU Semester-1 5

Prepared by Haja B Ali for LLB Course KSLU Semester-1 6

3. SALIENT FEATURES OF INDIAN CONSTITUTION

(a) Written constitution: The constitution of India is the written

(b) Lengthiest Constitution: Indian constitution is the most lengthiest

(c) Sovereign , Socialist , secular , democratic republic : India is

 Sovereign: India is a fully independent state and does not

 Socialist: Indian economy is a mixed economy. Socialist in India

 Secular: means that state has no religion of its own. In other

 Democratic Republic: It denotes the form of Govt, which

(d) Quasi Federal: Indian constitution is federal in structure but

(e) Parliamentary democracy and cabinet form of Govt : In

Prepared by Haja B Ali for LLB Course KSLU Semester-1 7

(f) Fundamental Right: also known as basic rights. If the fundamental

(g) Directive Principles: Society is guaranteed with certain directives

(h) Fundamental Duties: The state while conferring rights on its

(j) Single Citizenship: the constitution provides for single citizenship

(k) Judicial review and independent judiciary: Indian constitution

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Prepared by Haja B Ali for LLB Course KSLU Semester-1 9

4. NATURE OF INDIAN CONSTITUTION FEDERAL OR UNITARY

Essential features of federal constitutions are

a) Distribution of power: distribution of power of the states among

b) Supremacy of the constitution: in a federal structure constitution is

c) A written constitution : to maintain the supremacy and achieve the

d) Rigidity : for the constitution to be supreme it should be rigid in the

e) Authority of courts: for the existence of a federal system legal

Indian constitution thus satisfies the above features of federalism

To conclude, our constitution in unitary in structure but federal in spirit. It

Prepared by Haja B Ali for LLB Course KSLU Semester-1 10

Constitutionalism is the basic structure on which the governance of a

b) It ensures that the people have liberty and get justice

c) it puts restrictions on the overuse of state power, thereby protecting

d) It helps in the better development and provides welfare

e) It denotes equal rights for all

f) It ensures that the state is based on specific rules and guidelines,

The concept of constitutionalism has been recognized by the Supreme

In IR Coehlo v. State of Tamil Nadu, the Court held that

Chandrachud, CJ, in Minerva Mills case observed, – “The Constitution is a