UNIT I

MEANING OF CONSTITUTION AND ITS IMPORTANCE

 Meaning:
“Constitution is not a mere lawyers’ document, it is a vehicle of Life, and its spirit is always the spirit of Age.”- B.R. Ambedkar
The word ‘Constitution’ is of French origin which is generally used for regulation and orders. The Constitution
of any country is the fundamental law of the land with greater authority and sanctity. It not only describes the basic
principles of the State, the structures and processes of governance and the fundamental rights of citizens but also
envisions a path of growth and development for a nation. The Constitution of India is the supreme law of the land,
on the basis of which the entire governance system works.

 Importance:
 Constitution allows coordination and assurance – The constitution provides a set of basic rules that allow
for minimal coordination amongst members of a society
 Specification of decision making powers - The constitution specifies who has the power to make decisions
in a society. It decides how the government will be constituted
 Limitations on the powers of government- It sets some limits on what a government can impose on its
citizens.
 Aspirations and goals of a society- Enable the government to fulfil the aspirations of a society and create
conditions for a just society.
 Fundamental identity of a people- It is by agreeing to a basic set of norms about how one should be
governed, and who should be governed that one forms a collective identity.

 History:
 The Constituent Assembly elected according to Cabinet Mission Plan for undivided India met on 9th
December, 1946 with Dr. Sachchidanand Sinha as it’s interim President. After two days i.e. on 11th December,
1946, Dr. Rajendra Prasad was elected President of Constituent Assembly. B.N. Rau was appointed as the
Constitutional adviser. The Constituent Assembly appointed 22 Committees to deal with different tasks of
Constitution making.
 The India Independence Act, 1947 provided that the Constituent Assembly would have unlimited power to
frame and adopt any Constitution and even to supersede the India Independence Act itself without the need
for any further legislation on the part of the British Parliament. The Indian Independence Act expressly
terminated the British Parliament’s authority to legislate for the Dominion on or after the 15 August 1947.

 The Constituent Assembly, thus, became a body fully representative of the States and Provinces in India and
fully sovereign of all external authority. As a sovereign body, it completed the task of framing the Constitution
for India in the best interest of people and without any outside interference.
  The Drafting Committee was elected by the Constituent Assembly under the Chairmanship of Dr. B.R
Ambedkar for preparation of a draft Constitution. The Constituent Assembly was able to complete the
monumental task of drafting a Constitution for independent India within a period of 2 years, 11 months and
18 days, to be exact.
 On the 26th November 1949, it could proudly declare on behalf of the people of India that we do HEREBY
ADOPT, ANACT AND GIVE TO OURSELVES THIS CONSTITUTION.
 The Original Constitution contained a Preamble, 395 Articles and 8 Schedules. The provisions relating to
citizenship, elections, provisional Parliament, temporary and transitional provisions were given immediate
effect. The rest of the Constitution of India came into force on 26th January 1950. On that day, the
Constituent Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new
Parliament was constituted in 1952.

SALIENT FEATURES OF INDIAN CONSTITUTION

Indian constitution is unique in its content and spirit. The makers of Indian Constitution faced the challenges of the
diversity of many languages in many scripts, many faiths and customs, many races of all kinds and groups, many tribes
and castes including the much-discriminated against communities.
Though borrowed from almost every constitution of the world, the constitution of India has several salient
features that addressed these challenges and distinguished it from the constitutions of other countries.

 Lengthiest written constitution:

Constitutions are classified into written, like the American Constitution, or unwritten, like the British
Constitution. The Constitution of India is the lengthiest of all the written Constitutions of the world. It is a
very comprehensive, elaborate and detailed document. Originally (1949), the Constitution contained 395
Articles (divided into 22 Parts) and 8 Schedules. Currently(2023) contains 448 articles in 25 parts and 12
schedules.
 Drawn From Various Sources
The Constitution of India has borrowed most of its provisions from the Constitutions of various
other countries as well as from the Government of India Act of 1935. The structural part of the Constitution
is, to a large extent, derived from the Government of India Act of 1935. The philosophical part of the
Constitution (the Fundamental Rights and the DPSP) derive their inspiration from the American and Irish
Constitutions, respectively. The political part of the Constitution (the principle of Cabinet Government and
the relations between the Executive and the Legislature) have been largely drawn from the British
Constitution.
 Blend of rigidity and flexibility:
Constitutions are also classified into rigid and flexible. A rigid Constitution is one that requires a
special procedure for its amendment, as for example, the American Constitution. A flexible constitution, on
the other hand, is one that can be amended in the same manner as the ordinary laws are made, as for example,
the British Constitution. The Constitution of India is neither rigid nor flexible, but a synthesis of both. Article
368 provides for amendments
 Federal system with unitary bias
Constitution establishes a federal system of government along with a number of unitary features like
strong center, single citizenship, All India Services, appointment of state governor by the Centre,etc. Indian
model is based on cooperative federalism. Hence, the Indian Constitution has been variously described as
‘federal in form but, unitary in spirit’, ‘quasi-federal’ by K.C. Wheare
 Parliamentary Form of Government
The Constitution of India has opted for the British Parliamentary System of Government rather than
American Presidential System of Government. The parliamentary system is based on the principle of co-
operation and co-ordination between the legislative and executive organs while the presidential system is
based on the doctrine of separation of powers between the two organs.
The features of parliamentary government in India are:
(a) Presence of nominal and real executives;
(b) Majority party rule,
(c) Collective responsibility of the executive to the legislature,
(d) Membership of the ministers in the legislature,
(e) Leadership of the Prime Minister or the Chief Minister,
(f) Dissolution of the lower House (Lok Sabha or Assembly).
 Integrated and Independent Judiciary
The Indian Constitution establishes a judicial system that is integrated as well as independent. The
Supreme Court stands at the top of the integrated judicial system in the country. Below it, there are high
courts at the state level. Under a high court, there is a hierarchy of subordinate courts, that is, district courts
and other lower courts. This single system of courts enforces both the central laws as well as the state laws,
unlike in USA, where the federal laws are enforced by the federal judiciary and the state laws are enforced by
the state judiciary.
 Fundamental Rights
Part III of the Indian Constitution guarantees six fundamental rights to all the citizens:
(a) Right to Equality (Articles 14–18);
(b) Right to Freedom (Articles 19–22);
(c) Right against Exploitation (Articles 23–24);
(d) Right to Freedom of Religion (Articles 25–28);
(e) Cultural and Educational Rights (Articles 29–30); and
(f) Right to Constitutional Remedies (Article 32).
 Directive Principles of State Policy
According to Dr. B.R. Ambedkar, DPSP is a ‘novel feature’ of the Indian Constitution. They are enumerated
in Part IV of the Constitution. They can be classified into three broad categories–socialistic, Gandhian and
liberal intellectual.
 Fundamental Duties
The original constitution did not provide for the Fundamental Duties of the citizens. These were
added by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh
Committee. The Part IV-A of the Constitution specifies the 11 Fundamental Duties
 A Secular State
The Constitution of India stands for a Secular State. It does not uphold any particular religion as the
official religion of the Indian State. The Western concept of secularism connotes a complete separation
between the religion (the church) and the state (the politics). This negative concept of secularism is
inapplicable in the Indian situation where the society is multireligious. Hence, the Indian Constitution
embodies the positive concept of secularism, i.e., giving equal respect to all religions or protecting all religions
equally.
 Universal Adult Franchise
The Indian Constitution adopts universal adult franchise as a basis of elections to the Lok Sabha and
the state legislative assemblies. Every citizen who is not less than 18 years of age has a right to vote without
any discrimination of caste, race, religion, sex, literacy, wealth and so on.
 Single Citizenship
Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides
for only a single citizenship, that is, the Indian citizenship. In countries like USA, on the other hand, each
person is not only a citizen of USA, but also a citizen of the particular state to which he belongs.
 Independent Bodies
The Indian Constitution not only provides for the legislative, executive and judicial organs of the
Government but also establishes certain independent bodies. These are:
(a) Election Commission of India
(b) Comptroller and Auditor-General of India
(c) Union Public Service Commission
 Emergency provisions
 Indian constitution contains detailed provisions for three types of emergencies: National Emergency (Article
352), State Emergency (Article 356 and Article 365), and Financial Emergency (Article 360).
o It converts federal structure into a unitary one without any formal amendment.
 Three-tier Government
Originally, the Indian Constitution, like any other federal Constitution, provided for a dual polity and
contained provisions with regard to the organisation and powers of the Centre and the states. Later, the 73rd
and 74th Constitutional Amendment Acts (1992) have added a third-tier of Government (i.e., local) which is
not found in any other Constitution of the world.
 Co-operative Societies
The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to co-
operative societies. In this context, it made the following three changes in the Constitution:
1. It made the right to form co-operative societies a fundamental right (Article 19).
2. It included a new DPSP on promotion of co-operative societies (Article 43-B).
3. It added a new Part IX-B in the Constitution entitled as “The Co-operative Societies” (Articles 243-
ZH to 243-ZT).
 PREAMBLE

The Preamble to the Constitution of India embodies and reflects the fundamental values, philosophy and objectives
on which the Constitution is based. “The Preamble is the most precious part of the Constitution. It is the soul of the Constitution.
It is the key to the Constitution. It is a jewel set in the Constitution. It is a proper yardstick with which one can measure the worth of the
Constitution." The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives
Resolution, adopted by the Constituent Assembly on January 22, 1947. The term ‘Socialist’, ‘Secular’, and ‘Integrity’
were added to the preamble through 42nd Amendment Act, 1976.

 The preamble basically gives idea of the following things/objects:

o Source of the Constitution
o Nature of Indian State
o Statement of its objectives
o Date of its adoption

Components of Preamble
 It is indicated by the Preamble that the source of authority of the Constitution lies with the people of
India.
 Preamble declares India to be a sovereign, socialist, secular and democratic republic.
 The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and
promote fraternity to maintain unity and integrity of the nation.
 The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.
Nature in the Preamble
 We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty
means the independent authority of the State, not being subject to the control of any other State or
external power.
 Sovereign: The term means that India has its own independent authority and it is not a dominion of any
other external power. In the country, the legislature has the power to make laws which are subject to
certain limitations.
 Socialist: The term means the achievement of socialist ends through democratic means. It holds
faith in a mixed economy where both private and public sectors co-exist side by side.
o It was added in the Preamble by 42nd Amendment, 1976.
 Secular: The term means that all the religions in India get equal respect, protection and support from the
state.
o It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
 Democratic: The term implies that the Constitution of India has an established form of Constitution
which gets its authority from the will of the people expressed in an election.
 Republic: The term indicates that the head of the state is elected by the people. In India, the President
of India is the elected head of the state.

Objectives of the Indian Constitution

The main objective of the Indian Constitution is to promote harmony throughout the nation. The factors
which help in achieving this objective are:
o Justice: It is necessary to maintain order in society that is promised through various provisions
of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of
India. It comprises three elements, which is social, economic, and political.
 Social Justice – Social justice means that the Constitution wants to create a society
without discrimination on any grounds like caste, creed, gender, religion, etc.
 Economic Justice – Economic Justice means no discrimination can be caused by
people on the basis of their wealth, income, and economic status. Every person must
be paid equally for an equal position and all people must get opportunities to earn for
their living.
 Political Justice – Political Justice means all the people have an equal, free and fair
right without any discrimination to participate in political opportunities.
o Equality: The term ‘Equality’ means no section of society has any special privileges and all the people
have given equal opportunities for everything without any discriminations. Everyone is equal before
the law.
o Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have political
views and behaviour in society. Liberty does not mean freedom to do anything, a person can do
anything but in the limit set by the law.
 o Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with
the country and all the people. Fraternity helps to promote dignity and unity in the nation.

Importance of Objectives: It provides a way of life. It includes fraternity, liberty, and equality as the
notion of a happy life and which cannot be taken from each other.
o Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty
and equality be divorced from fraternity.
o Without equality, liberty would produce the supremacy of the few over the many.
o Equality without liberty would kill individual initiative.
o Without fraternity, liberty would produce the supremacy of the few over the many.
o Without fraternity, liberty and equality could not become a natural course of things.

Date of Adoption: 26th November 1949

FUNDAMENTAL RIGHTS
Part III of Indian Constitution consisting of Articles 12 to 35 deals with Fundamental Rights. These rights are
fundamental since they are guaranteed by Fundamental law of country i.e. by Constitution itself.
 Fundamental rights are guaranteed by Fundamental law of land i.e. by Constitution & hence, any action
done by state in violation of these rights is null or void.
 For the violation of fundamental rights a person can move to Supreme Court and the right to move to
Supreme Court is guaranteed by Fundamental Rights itself (under Article 32).

Part III of the Indian Constitution guarantees six fundamental rights to all the citizens:
(a) Right to Equality (Articles 14–18);
(b) Right to Freedom (Articles 19–22);
(c) Right against Exploitation (Articles 23–24);
(d) Right to Freedom of Religion (Articles 25–28);
(e) Cultural and Educational Rights (Articles 29–30); and
(f) Right to Constitutional Remedies (Article 32).

 FEATURES OF THE FUNDAMENTAL RIGHTS:

i. Protected by Constitution: Fundamental Rights, unlike ordinary legal rights, are protected and
guaranteed by the constitution of the country. Some of the rights are available only to the citizens
while others are available to all persons whether citizens, foreigners or legal persons like corporations
or companies.
 ii. Not Sacrosanct, Permanent, or Absolute: They are not sacrosanct or permanent and the
Parliament can curtail or repeal them but only by a constitutional amendment act. The rights are not
absolute but qualified. The state can impose reasonable restrictions on them, however, the
reasonability of the restrictions is decided by the courts.
iii. Rights are Justiciable: The rights are justiciable and allow persons to move the courts for their
enforcement, if and when they are violated. Any aggrieved person can directly go to the Supreme
Court in case of violation of any fundamental right.
iv. Suspension of Rights: The rights can be suspended during the operation of a National Emergency
except the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can
be suspended only when there is an external emergency war or external aggression) [and not on the
ground of armed rebellion (i.e., internal emergency].
v. Restriction of Laws: Their application to the members of armed forces, paramilitary forces, police
forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament
(Article 33). Their application can be restricted while martial law (military rule imposed under
abnormal circumstances) is in force in any area.

 DEFINITION OF STATE – ARTICLE 12

The term ‘State’ has been used in different provisions concerning the fundamental rights. According
to Article 12, the State includes the following:
(a) Government and Parliament of India, i.e., executive and legislative organs of the Union government.
(b) Government and legislature of states, i.e., executive and legislative organs of state government.
(c) All local authorities, i.e., municipalities, panchayats, district boards, improvement trusts, etc.
(d) All other authorities, i.e., statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.

Thus, State has been defined in a wider sense so as to include all its agencies. According to the Supreme
Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’
under Article 12.

 LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS – ARTICLE 13

Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental
rights shall be void. This power has been conferred on the Supreme Court (Article 32) and the high courts (Article
226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental
Rights.
 RIGHT TO EQUALITY (ARTICLE 14, 15, 16, 17 AND 18)
 ARTICLE 14 says that no person shall be denied treatment of equality before the law or the equal protection of
the laws within the territory of India.
 The concept of ‘equality before law’ is of British origin while the concept of ‘equal protection of laws’ has
been taken from the American Constitution.
 The first concept ‘equality before law’ connotes:
(a) the absence of any special privileges in favour of any person,
(b) the equal subjection of all persons to the ordinary law of the land administered by
ordinary law courts, and
(c) no person is above the law.
  The second concept ‘equal protection of law’, connotes:
(a) the equality of treatment under equal circumstances, both in the privileges conferred
and liabilities imposed by the laws,
(b) the similar application of the same laws to all persons who are similarly situated, and
(c) the like should be treated alike without any discrimination.
 Thus, the former is a negative concept while the latter is a positive concept. However, both of them aim
at establishing equality of legal status opportunity and justice. The Supreme Court held that where equals
and unequals are treated differently, Article 14 does not apply. The right is extended to all persons whether
citizens or foreigners, statutory corporations, companies, registered societies or any other type of legal
person.
Exceptions:
i. As per Article 361, the President of India or Governor of states is not answerable to any court
for the exercise of their powers/duties and no civil or criminal proceedings can occur or
continue against them in any court during their term of office.
ii. As per Article 361-A, no civil or court proceedings can occur for a person for publishing any
substantially true report of either House of the Parliament and State Legislature.
iii. No member of Parliament (Article 105) and State Legislature (Article 194) shall be liable to
any court proceedings in respect of anything said or any vote given by him in Parliament or
any committee.
iv. The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal
and civil proceedings.
v. The UNO and its agencies enjoy the diplomatic immunity.

 ARTICLE 15 provides that no citizen shall be discriminated on grounds only of religion, race, caste, sex or place
of birth by state.
 Under Article 15(2), it is prohibited for an Indian citizen to discriminate against another Indian citizen on
the grounds as outlined in Clause (1). Article 15(2)(a) provides that citizens should not be prevented from
accessing public places, such as shops, restaurants, hotels or any other place which is open to the general
public solely because of their religion, race, caste, gender, place of birth, or any other similar basis.
 Article 15(2)(b) states that no individual can restrict another individual on the basis of religion, race, caste,
gender, or place of birth from using septic tanks, wells, roads, or any other public facility maintained by
the state funds or specifically designated for public use.
Exception:
i. Certain provisions can be made for the women, children, citizens from any socially or
educationally backward class or SC/ST’s for their upliftment (such as reservation and
access to free education).
ii. The state is empowered to make any special provision for the advancement of any
economically weaker sections(EWS) of citizens. Further, the state is allowed to make
a provision for the reservation of up to 10% in addition to the existing reservations.
 ARTICLE 16 of the Indian constitution covers the right to equality of opportunity in matters relating to public
employment.
 This right is specifically guaranteed to Indian citizens only.
 Article 16 (1) guarantees equality of opportunity in matters relating to ‘appointment’ or ’employment’ to
any post under the State. It is applicable only to offices or employment relating to or held by the
Government/State.
 Article 16(2) states that no citizen shall be discriminated against in any employment or office under the
State on the basis of only religion, race, caste, sex, place of birth, residence, or descent. Furthermore,
Article 16 (1) and (2) are only applicable to State appointments or employment.
 Clauses (3), (4), (4-A), (4-B) and (5) of Article 16 of the Indian Constitution provide for exceptions to the
general rule of equality of opportunity.
Exceptions:
i. State can enact any legislation for reservation in appointments or posts for any backward class that is
not adequately represented in the state services.
ii. Parliament can enact any legislation requiring residence in a state or union territory as a pre-condition
for particular employment or appointments in the respective state
iii. Also, an incumbent of a religious or denominational institution may belong to the particular religion

or denomination.
iv. State to make various provisions for reservation in appointments of members of the Economically

Weaker Sections (EWS) of society to government posts.

 ARTICLE 17 abolishes ‘untouchability’ and forbids its practice in any form. The enforcement of any disability
arising out of untouchability shall be an offence punishable in accordance with law. Protection of Civil Rights
Act, 1955 has been enacted to enlarge the scope and make penal provisions more stringent.

 ARTICLE 18 abolishes titles and makes four provisions in that regard:

 It prohibits the state from conferring any title on any citizen or a foreigner (except a military or academic
distinction).
 It prohibits a citizen of India from accepting any title from any foreign state.
 A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign
state without the consent of the President of India.
 No citizen or foreigner holding any office of profit or trust within the territory of India can accept any
present, emolument or office from or under any foreign State without the consent of the president.
 RIGHT TO FREEDOM (ARTICLE 19, 20, 21 AND 22)
 ARTICLE 19 guarantees to all citizens , that is, only natural persons having the status of ‘citizenship’ under a
law the six rights of freedom.
 Right to freedom of speech and expression: This freedom provides individuals liberty to express one’s
views, opinions, and beliefs whether oral, in writing, in print form, through pictures or any other mode. It is
the bulwark of a healthy and democratic society. But it does not mean that one can express whatever one
likes to. There are ‘reasonable restrictions’ on these rights.
Exception:
Article 19(2) provides reasonable restrictions applicable to this freedom. These
restrictions comprise the following:
 Sovereignty and integrity of India - It refers to the territorial integrity of the State. It was added
to restrict the kind of speech which can be detrimental to the integrity of the nation and would
promote succession from the country undermining its sovereignty.
 Security of the State - There is always a continuous threat to the security of any nation. There
were attempts to overthrow the present government or incite violence in the country, hence,
this ground restricts the freedom of speech and expression which would result in inciting danger
to the State
 Friendly relations with a foreign state - This ground was added to restrict the freedom of speech
and expression that would jeopardise the maintenance of friendly and cordial relations with
foreign countries. As these foreign relations are very important for the economic and social
development of any country, the government checks any kind of malicious propaganda against
foreign countries and imposes reasonable restrictions. Moreover, it is also due to the principle
of international law which makes the State responsible for any acts committed by any person
within their country.
 Public Order - This ensures peace, safety and tranquillity in the country cannot be disturbed by
toxic speeches and ways of expression. By using this restriction, the State can regulate public
meetings, prohibit loud noises, punish utterances that would incite riot and violence, breach the
peace, and that are threatening, abusive, insulting and endangering public safety.
 Decency and morality - This ground restricts any speech and expression including any painting,
sculpture, publication, etc that was obscene and vulgar. Section 292 to 296 of the IPC deals with
the offences in relation to obscenity.
 Contempt of court – There are 2 types of contempt - civil contempt and criminal contempt.
Civil contempt refers to wilful disobedience of any order, judgement, etc. of the Court, whereas,
criminal contempt refers to an act or publication of any matter which lowers the image of
Courts, prejudices or interferes with proceedings or obstructs the administration of justice.
 Defamation - Everyone is entitled to dignity and reputation. Hence, the State would restrict any
speech or expression that would expose any person to ridicule and hatred. Nobody has the right
to devoid anybody of his/her right of reputation. However, there are certain exceptions to it.
  Incitement to an offence - This ground was added to curtail any speech that would encourage
a breach of peace and incite any offence to be committed.

o Right to assemble peaceably and without arms.

 This freedom of assembly is subject to two limitations, namely:
a) The assembly must be unarmed, and
b) The assembly must be peaceful.
 Includes the right to hold public meetings, demonstrations and take out processions which can be
exercised only on public land. The purpose of these meetings can be educational or for the
purposes of political, social, and religious awareness. The only prerequisite was that the object of
the assembly should not be illegal.
 It does not protect violent, disorderly and riotous assemblies or strike.
Exceptions:
States may also impose some reasonable restrictions in the interests of public order, sovereignty
and integrity of India.

 Right to form associations or unions or co-operative societies.

 This freedom includes the right of an individual to come together and form an association or
union with some common aims or objectives and with a legitimate purpose in mind. It includes
the right to form (and not to form) political parties, companies, partnership firms, societies, clubs,
organisations, trade unions or any body of persons.
Exceptions:
State to impose reasonable restrictions on the exercise of freedom of association/union in the interest
of sovereignty and integrity of India, public order and morality.

o Right to move freely throughout the territory of India.

 The freedom of movement has two dimensions, viz, internal (right to move inside the country)
(article 19) and external (right to move out of the country and right to come back to the
country) (article 21).
Exceptions:
State is empowered to impose reasonable restrictions on this right in the interests of the general
public or for the protection of the interest of Scheduled Tribes. The state is empowered to
impose reasonable restrictions on the movement of outsiders upon entry into the area inhabited by
tribes in order to protect the culture, tradition, language, etc. of aboriginal tribes, living in different
parts of the country like Assam and the areas belonging to the North-East.

 Right to reside and settle in any part of the territory of India.

  This freedom includes the right of citizens to travel to any part of the country and settle down
there. The purpose of this right is to ensure citizens that they can move freely throughout the
country without any internal barriers and settle down in any part of the country.
Exceptions:
 The right of outsiders to reside and settle in tribal areas is restricted to protect the distinctive
culture and customs of scheduled tribes and to safeguard their traditional vocation and properties
against exploitation.

 Right to practice any profession or to carry on any occupation, trade or business.

 It doesn’t include the right to carry on a profession that is immoral (trafficking in women or
children) or dangerous (harmful drugs or explosives, etc,).
Exceptions:
a. By imposing reasonable restrictions in the interest of the general public.
b. By state monopoly: Sub-clause (ii) of Article 19(6) enables the state to make laws for creating state
monopolies either partially or completely in respect of any trade or business or industry or service.
c. Also, it empowers the state to lay down, by law, “the professional or technical qualifications
necessary for practising any profession or carrying on any occupation, trade or business”.

 ARTICLE 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen
or foreigner or legal person like a company or a corporation. It provides that:
 No ex-post-facto law: No person shall be convicted of any offence except for violation of a law in
force at the time of the commission of the act or subjected to a penalty greater than that prescribed
by the law.
 No double jeopardy: No person shall be prosecuted and punished for the same offence more than
once.
 No self-incrimination: No person accused of any offence shall be compelled to be a witness against
himself.

 ARTICLE 21 declares that no person shall be deprived of his life or personal liberty except according to
procedure established by law. This right is available to both citizens and non-citizens.
o The right to life is not merely confined to animal existence or survival but also includes the right to
live with human dignity and all those aspects of life which go to make a man’s life meaningful,
complete and worth living.
o Various implied fundamental rights under Article 21:
1. Right to livelihood
2. Right against sexual harassment
3. Right to privacy
4. Right to education
5. Right to health
 6. Right to clean environment
7. Right to speedy trial
8. Right to legal aid
9. Right to go abroad
10. Right against custodial violence

 ARTICLE 21A declares that the State shall provide free and compulsory education to all children of the age of
6 to 14 years.
o This provision makes only elementary education a Fundamental Right and not higher or
professional education.
o This provision was added by the 86th Constitutional Amendment Act of 2002.
o Before the 86th amendment, the Constitution contained a provision for free and compulsory
education for children under Article 45 in Part IV of the constitution.

 ARTICLE 22 provides various safeguards for the arrested person to ensure their right against arbitrary arrest
and detention by the police.
o Detention is of two types, namely, punitive (punishment after trial and conviction)
and preventive (punishment without trial and conviction).
o The first part of Article 22 deals with the ordinary law and includes:
 Right to be informed of the grounds of arrest.
 Right to consult and be defended by a legal practitioner.
 Right to be produced before a magistrate within 24 hours, excluding the journey
time.
 Right to be released after 24 hours unless the magistrate authorises further
detention.
o The second part of Article 22 deals with preventive detention law. Preventive detention
literally means detention to prevent a person from doing something. In law, it is used as a
precautionary measure in which a person is detained on suspicion of commission of some
prejudicial act. Protection under this article is available to both citizens as well as aliens and
includes the following:
 The detention of a person cannot exceed three months unless an advisory
board (judges of high court) reports sufficient cause for extended detention.
 The grounds of detention should be communicated to the detenu.
 The detenu should be afforded an opportunity to make a representation against
the detention order.
 RIGHT AGAINST EXPLOITATION (ARTICLE 23 AND 24)
 ARTICLE 23 prohibits the trafficking of human beings, begar any similar form of forced labour. It also states
that any contravention of this provision is punishable by the law. It explicitly prohibits:
 Human Trafficking: This refers to the sale and purchase of human beings mostly for the purpose of
sexual slavery, forced prostitution or forced labour.
 Begar: This is a form of forced labour which refers to forcing a person to work for no remuneration.
 Other forms of forced labour: This includes other forms of forced labour in which the person works
for a wage less than the minimum wage. This includes bonded labour wherein a person is forced to
work to pay off his debt for inadequate remuneration, prison labour wherein prisoners sent in for
rigorous imprisonment are forced to work without even minimum remuneration etc.
 Hence, Article 23 has a very wide scope by ensuring that a person is not forced to do anything
involuntarily. For instance, It forbids a land-owner to force a landless, poor labourer to render free
services. It also forbids forcing a woman or child into prostitution.
 Article 23(2) does not prevent the state to impose compulsory services for public purposes. It also states
that while doing this, the state must not make any discrimination on grounds of religion, race, caste, class
or any of them.

 ARTICLE 24 forbids employment of children below the age of 14 years in dangerous jobs like factories and
mines.
 However, it did not prohibit their employment in any harmless or innocent work.
 The Child & Adolescent Labour (Prohibition and Regulation) Act, 1986 specifically deals with the
violations of related to this right.

RIGHT TO FREEDOM OF RELIGION (ARTICLE 25-28)

 ARTICLE 25 of the Constitution of India provides the freedom of conscience, to profess, to practice and to
propagate any religion. These rights are available to citizens as well as non-citizens.
Conscience: A person may or may not choose to follow any religion.
Right to Profess: One can declare his/her religious beliefs and faith openly and freely.
Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
Right to Propagate: Persuading people to convert from one religion to another. However, the Constitution
does not allow forcible conversions. It only gives us the right to spread information about our religion and
thus attract others to it.
Limitations: The government can impose restrictions on the practice of freedom of religion in order to
protect public order, morality and health.
 It further provides that this article shall not affect any existing law and shall not prevent the state
from making any law relating to:
 a. Regulation or restriction of any economic, financial, political, or any secular activity
associated with religious practice.
b. Providing social welfare and reform.
c. Opening of Hindu religious institutions of public character for all the classes and sections
of the Hindus.

 ARTICLE 26 provides every religious denomination the right to

 Establishing and maintaining institutions for religious and charitable purposes;
 Managing its affair with regard to religion;
 Owing and acquiring property (movable and immovable);
 Administering the property in accordance with the law.
Limitations: The government can impose restrictions on the practice of freedom of religion in order
to protect public order, morality and health.

 ARTICLE 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance
of any particular religion or religious denomination.
 It says that no public money, collected through taxes, shall be spent for the promotion or maintenance
of any particular religion.
 Favouring, patronising or supporting any religion over the other is prohibited.
 It prohibits only levy of a tax and not a fee.
 The purpose of a fee is to control secular administration of religious institutions and not to promote or
maintain religion.

 ARTICLE 28 states that no religious instruction shall be provided in any educational institution wholly
maintained out of State (the territory of India) funds.
 However, the provision is not applicable to educational institutions administered by the State or
established under any endowment or trust.
 Moreover, no person is required to attend any religious instructions or worship without his consent in
any educational institution recognised by the State or receiving aid out of State funds.
 In case of a minor, the consent of his guardian is needed.

CULTURAL AND EDUCATIONAL RIGHTS (Article 29 and 30)

 ARTICLE 29 ensures that anyone residing in India has the right to preserve a distinct language, script or culture
and no State educational institute or any institute receiving aid from the state shall discriminate against anyone
based on religion, race, caste, language, etc. Article 30 ensures the right of minority communities in educational
institutions and prohibits discrimination against them.
 ARTICLE 30 provides provisions for minority communities to establish and manage educational institutions
and protect themselves from discrimination of granting aid by the government. It grants all the minorities the
following rights:
 The right to establish and administer educational institutions of their choice.
 The compensation amount fixed by the State for the compulsory acquisition of any property of a minority
educational institution shall not restrict or abrogate the right guaranteed to them.
 The State shall not discriminate against any educational institution managed by a minority.
 Thus, the protection under Article 30 is confined only to minorities (religious, cultural or linguistic) and
does not extend to any other section of citizens (as under Article 29).

RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32)

 ARTICLE 32 is considered the most important article of the Constitution as it provides that the right to get
Fundamental Rights protected is itself a fundamental right.
 It confers the right to remedies for the enforcement of the fundamental rights of an aggrieved
citizen.
 Article 32 of the Indian Constitution is called the Heart and soul of the Constitution according to Dr.
B. R. Ambedkar.
 The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot
be abridged or taken away even by way of an amendment to the Constitution.
 It contains the following four provisions:
a. The right to move the Supreme Court by appropriate proceedings for the enforcement of the
Fundamental Rights.
b. The Supreme Court shall have power to issue directions or orders or writs for the
enforcement of any of the fundamental rights.
c. Parliament can empower any other court to issue directions, orders and writs of all kinds.
 Any other court here does not include high courts because (Article 226) has already
conferred these powers on the high courts.
d. The right to move the Supreme Court shall not be suspended except as otherwise provided
for by the Constitution.
 In the case of national emergency, the right can be suspended by the President (Article
359).
 Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and
not any other right like non-fundamental constitutional rights, statutory rights, customary rights etc.
 The violation of a fundamental right is the sine qua non (absolutely necessary condition) for the
exercise of the right conferred by Article 32.

WRIT: writs are legal orders issued by courts to ensure that the rights of individuals are protected and that justice is
served. Writ petitions are filed in the courts regularly.
 ARTICLE 33 empowers the Parliament to restrict or abrogate the fundamental rights of the ‘Members
of the Armed Forces’, paramilitary forces, police forces, intelligence agencies and analogous forces.
 The power to make laws under Article 33 is conferred only on Parliament and not on state
legislatures.

 ARTICLE 34 provides for the restrictions on fundamental rights while martial law is in force in any area within
the territory of India. The expression ‘martial law’ has not been defined anywhere in the Constitution but literally,
it means ‘military rule’.
 Article 34 empowers the Parliament to indemnify (compensate) any government
servant or any other person for any act done by him in connection with the maintenance
or restoration of order in any area where martial law was in force.

 ARTICLE 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall
vest only in the Parliament and not in the state legislatures.
 UNIT 2
DIRECTIVE PRINCIPLES OF STATE POLICY
 The Directive Principles of State Policy (DPSP) aims at ensuring socio-economic justice for the people and
establishing India as a welfare state.
 Part IV of the Constitution of India (Article 36–51) contains the DPSP.
 The directive principles contained in the Indian constitution are taken from the Irish Constitution. The Irish
themselves had however taken the ideas from the constitution of Spain.
 The framers of the Constitution made the Directive Principles non-justiciable and legally non-enforceable
because:
1. The country did not possess sufficient financial resources to implement them.
2. The presence of vast diversity and backwardness in the country would stand in the way of their
implementation.
3. The newly born independent Indian State with its many preoccupations might be crushed under the
burden unless it was free to decide the order, the time, the place and the mode of fulfilling them.
 Unlike the Fundamental Rights, the DPSP are non-justiciable in nature, that is, they are not enforceable by
the courts for their violation. Yet, the Constitution itself declares that ‘these principles are fundamental in
the governance of the country and it shall be the duty of the state to apply these principles in making
laws’. Hence, they impose a moral obligation on the state authorities for their application. But, the real force
(sanction) behind them is political, that is, public opinion.

 The directive principles of state policy are categorized into three main classifications
1. The Socialistic Principles
2. The Gandhian Principles
3. The Liberal-Intellectual Principles.

DPSP

•Socialist Principles:
•Articles 38, 39, 39A, 41, 42, 43, 43A,
and 47.
•These principles emphasize the state’s
role in ensuring social and economic
justice, equitable distribution of
resources, and improving the standard of
living for all citizens.
•Gandhian Principles:
•Articles 40, 43, 43B, 46, 47, and 48
•These principles are inspired by
Mahatma Gandhi’s ideas and focus
on promoting village panchayats,
rural development, education, and
the welfare of weaker sections.
•Liberal-Intellectual Principles:
•Articles 44, 45, 48, 49, 50, and 51
•These principles emphasize issues
such as a uniform civil code, free
and compulsory education,
environmental protection,
separation of the judiciary from the
executive, and the promotion of
international peace and security.
  RELEVANCE OF DPSP

 They facilitate stability and continuity in domestic and foreign policies in political, economic and social
spheres in spite of the changes of the party in power.
 They are supplementary to the fundamental rights of the citizens. They are intended to fill in the vacuum in
Part III by providing for social and economic rights.
o Socio-economic Rights- DPSPs supplement the Fundamental Rights by providing social and
economic rights.
o Reducing Inequalities- DPSPs persuade the state to tax the rich and use the money for the welfare
of the poor people.
o Human Rights- DPSPs direct the government to provide human working conditions and decent
standard of living to every citizen.
o Women Empowerment- DPSPs persuade the state to provide equal wages for equal jobs, work
towards women education and eliminate social evils that are derogatory to the dignity of women.
 They are like an ‘Instrument of Instructions’ addressed to all authorities in the Indian Union. They remind
them of the basic principles of the new social and economic order, which the Constitution aims at building.
 They form the dominating background to all State action, legislative or executive and also a guide to the courts
in some respects.
 They amplify the Preamble, which solemnly resolves to secure to all citizens of India justice, liberty, equality
and fraternity.
 Their implementation creates a favourable atmosphere for the full and proper enjoyment of the fundamental
rights by the citizens. Political democracy, without economic democracy, has no meaning.
 They enable the opposition to exercise influence and control over the operations of the government. The
Opposition can blame the ruling party on the ground that its activities are opposed to the Directives.
 They serve as a crucial test for the performance of the government. The people can examine the policies and
programmes of the government in the light of these constitutional declarations.
 They serve as common political manifesto. ‘A ruling party, irrespective of its political ideology, has to
recognise the fact that these principles are intended to be its guide, philosopher and friend in its legislative
and executive acts’.

 PROVISIONS
Article 38: The State shall strive to promote the welfare of the people by securing and protecting a social order by
ensuring social, economic and political justice and by minimising inequalities in income, status, facilities and
opportunities
Articles 39: The State shall in particular, direct its policies towards securing:
 Right to an adequate means of livelihood to all the citizens.
 The ownership and control of material resources shall be organised in a manner to serve the common
good.
  The State shall avoid concentration of wealth in a few hands.
 Equal pay for equal work for both men and women.
 The protection of the strength and health of the workers.
 Childhood and youth shall not be exploited and be given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity
Article 39A: To provide free legal aid to the poor.
Article 40: The State shall take steps to organise village panchayats as units of Self Government
Article 41: The State shall secure the right to work, to education and to public assistance in cases of unemployment,
old age, sickness and disability within the limits of its economic capacity and development.
Article 42: The State shall make provisions for securing just and humane conditions of work and for maternity relief.
Article 43: The State shall endeavour to secure to all workers a living wage and a decent standard of life and also the
State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas
Article 43A: The State shall take steps to secure the participation of workers in the management of industries.
Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional
management of cooperative societies.
Article 44: The State shall endeavour to secure for the citizen a Uniform Civil Code through the territory of India.
Article 45: To provide early childhood care and education for all children until they complete the age of six years
Article 46: The State shall promote educational and economic interests of the weaker sections of the people
particularly that of the Scheduled Castes (SCs), Scheduled Tribes (STs) and other weaker sections.

Article 47: To raise the level of nutrition and the standard of living of people and to improve public health and The
State shall take steps to improve public health and prohibit consumption of intoxicating drinks and drugs that are
injurious to health.
Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds
and To organise agriculture and animal husbandry on modern and scientific lines.
Article 48A: To protect and improve the environment and to safeguard the forests and wildlife of the country.
Article 49: The State shall protect every monument or place of artistic or historic interest.
Article 50: The State shall take steps to separate judiciary from the executive in the public services of the State.
Article 51: It declares that to establish international peace and security the State shall endeavour to:
 Maintain just and honourable relations with the nations.
 Foster respect for international law and treaty obligations.
 Encourage settlement of international disputes by arbitration.

Provision of the Indian Constitution Corresponding Law Enacted by the Indian Parliament
Article 39 A – Equal justice and free legal aid The Legal Services Authorities Act, 1987
Article 41 – Right to work The National Rural Employment guarantee Act, 2005
Article 42 – Just and humane conditions of Minimum Wages Act, 1948
work Code on Wages, 2020
Article 43 – Living wage for workers Payment of Wages Act, 1936;
The Employees State Insurance Act, 1948
Maternity Benefit Act, 1961
Article 43 - To promote cottage industries Government has established several Boards such as Village
Industries Board, Khadi and Village Industries Commission,
All India Handicraft Board, Silk Board, Coir Board, etc.,
which provide essential help to cottage industries in finance
and marketing.
Article 46 – Promotion of interest of SCs, STs Scheduled Cases and Scheduled Tribes (prevention of
and weaker sections Atrocities) Act, 1988
Article 47 – Right to minimum standard of Mental Health Act, 1987
living and public health
Article 48A: To protect and improve the The Wildlife (Protection) Act, 1972, the Forest
environment (Conservation) Act, 1980 and the Environment (Protection)
Act, 1986 have been enacted
Article 51(c) – Respect of international law The Protection of Human Rights Act, 1993
and treaty obligations
 FUNDAMENTAL DUTIES
 The original constitution did not provide for the Fundamental Duties of the citizens.
 The idea of Fundamental Duties is inspired from the Constitution of USSR.
 These were added during the operation of internal emergency (1975–77) by the 42nd Constitutional
Amendment Act of 1976 on the recommendation of the Swaran Singh Committee under Part IVA Article
51A
 The 86th Constitutional Amendment Act of 2002 added one more fundamental duty.
 The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have also to be
quite conscious of duties they owe to their country, their society and to their fellow- citizens. However, like
the Directive Principles, the duties are also non-justiciable in nature.

 FUNDAMENTAL DUTIES - ARTICLE 51A

i. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem
ii. To cherish and follow the noble ideals that inspired the national struggle for freedom
iii. To uphold and protect the sovereignty, unity and integrity of India
iv. To defend the country and render national service when called upon to do so
v. To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory
to the dignity of women
vi. To value and preserve the rich heritage of the country’s composite culture
vii. To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures
viii. To develop scientific temper, humanism and the spirit of inquiry and reform
ix. To safeguard public property and to abjure violence
x. To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement, and
xi. To provide opportunities for education to his child or ward between the age of six and fourteen years
(added by the 86th Constitutional Amendment Act, 2002).

 Significance of Fundamental Duties

 Constant Reminder of Democratic Conduct:
o Fundamental Duties are intended to serve as a constant reminder to every citizen that while the
Constitution specifically conferred on them certain fundamental rights, it also requires citizens to
observe basic norms of democratic conduct and democratic behaviour.
 Warn Against Anti-Social Activities:
 o They serve as a warning to the people against the anti-social activities that disrespect the nation
like burning the flag, destroying public property or disturbing public peace.
 Sense of Discipline and Commitment:
o These help in the promotion of a sense of discipline and commitment towards the nation.
o They help in realising national goals by the active participation of citizens rather than mere
spectators.
 Help Determine Constitutionality of Law:
o It helps the Court in determining the constitutionality of the law.
o For instance, any law passed by the legislatures, when taken to Court for constitutional validity of the
law, if it is giving force to any Fundamental Duty, then such law would be taken as reasonable.

 Criticism of Fundamental Duties:

1. The list of duties is not exhaustive as it does not cover other important duties like casting vote, paying taxes,
family
planning and so on. In fact, duty to pay taxes.
2. Some of the duties are ambiguous and difficult to be understood by the common man. For example, phrases
like ‘noble ideals’, ‘composite culture’, ‘scientific temper’ and so on.
3. They have been described by the critics as a code of moral precepts due to their non-justiciable character.
4. Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties
included in the Constitution as fundamental would be performed by the people even though they were not
incorporated in the Constitution.
5. The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution has
reduced
their value and significance. They should have been added after Part III so as to keep them on par with
Fundamental
Rights.