INTR0DUCTION

The term “constitution” is a French term and refers to the set of fundamental rules
and regulations that govern the functioning of a nation-state or any other
organization. A state’s constitution is the supreme law of the land and thus requires
higher standards of legitimacy and integrity. It outlines a state’s fundamental
principles, administrative structures, procedures, and fundamental rights of
individuals while defining the directions for a state’s development. “Constitutional
law” is concerned with the interpretation and implementation of the Constitution
and its underlying principles. It forms the basis for individuals’ access to particular
fundamental rights, inter alia the right to life, the right to privacy, the freedom to
move, and the right to vote. It lays down procedural conditions that must be met
before a governmental entity can intervene with an individual’s rights, liberties, or
property. Constitutional law also deals with subjects such as judicial review,
fundamental duties, and the power to make laws, among other things. The Supreme
Court of India has played a prominent role in interpreting the Constitution and the
terms used therein and has, thus, contributed immensely towards constitutional law
research. This contribution firstly defines the term ‘Constitution’, its scope, nature,
and functions in a state. Further, the contribution analyses the principles of the
constitution of India, including the preamble, fundamental rights and duties. The
contribution also analyses the DPSP from the perspective of socialistic, Gandhian,
and other principles, and concludes with an analysis of the structure and nature of
the constitution of India.

WHAT IS CONSTITUTION

Albert Venn Dicey, a constitutional theorist and a British Whig jurist, interpreted
the term “Constitution” as consisting “of all rules which directly or indirectly affect
the distribution or the exercise of sovereign power in the state, including all rules
which define the members of the sovereign power, all rules which regulate the
relations of such members to each other, or which determine the mode in which the
sovereign power, or the members thereof, exercise their authority.” Thomas
M.Cooley interpreted the expression “constitution” as “the body of rules and
maxims in accordance with which the powers of sovereignty are habitually
exercised.”
Modern constitutions incorporate their fundamental principles, ideologies, and
governmental structure to clearly define their idea of democracy. It also confers
fundamental rights upon its citizens and the general public within its territorial
jurisdiction. A constitution is, thus, the most superior legislation that cannot be
altered arbitrarily by conventional legislative reform. The substance and character
of a constitution, as well as the manner in which it connects with the legal and
political order, differ significantly between countries, and therefore, there is no
standard and firm interpretation of a constitution.
Nonetheless, any commonly acknowledged broad definition of a constitution
would characterize the term as a collection of fundamental legal regulations that:
1 Has a binding nature on the states.
 2 Enlist the government structure and functions of the institutions,
3 Lay down political principles and fundamental rights of a citizen,
are constructed on the pervasive public legitimacy,
4 Have a rigid nature, and
5 Enhancing the international norms of a democratic social structure in
respect of participation and human rights is a negligible prerequisite.

Scope of Constitutional Law

The function and authority of the institutions within the state as well as the
interactions between citizens and the state come under the scope of constitutional
law. The law of the constitution must thus be understood within the sociopolitical
atmosphere in which it functions, since a constitution is a sentient, evolving
organism that, at any given time, will symbolize the political and ethical ideals of
the individuals it regulates.
The Indian Constitution
The Indian Constitution establishes a framework for political, economic, and social
democracy. It emphasises the Indian people’s commitment to declaring, ensuring,
and accomplishing numerous national objectives in a free and democratic manner.
It is more than a legal document. It is a mechanism that leads the nation toward
realising the people’s goals and expectations by adjusting and adapting to changing
demands and circumstances. The constitution’s essence is to make India, or Bharat,
a Union of States, and to provide the people with equality before the law and equal
protection under the law. The Constitution is also attentive to the interests and
aspirations of those in a disadvantageous position in society and frames policies
aimed at the upliftment of the underprivileged sections.
In both content and spirit, the Indian constitution is peculiar. The following are the
key elements of the Indian Constitution:
1 It is the lengthiest written constitution in the world.
2 It stipulates a blend of rigidity and flexibility.
3 It formulates the structure of a cooperative federal system with the
features of a unitary system.
4 It stipulates a parliamentary form of government.
5 It establishes the judiciary as an independent institution.
6 It confers single citizenship on its people.
7 It also stipulates emergency provisions (National Emergency, Financial
Emergency, and State Emergency).

Preamble: We The People of India

The Constitution’s Preamble is centred on Pandit Jawaharlal Nehru’s “objective
resolution,” which was drafted and introduced by him and adopted by the
constituent assembly. The Preamble to the Indian Constitution incorporates and
expresses the Constitution’s fundamental values, philosophy, and aspirations. The
significance of the Preamble has been summed up eloquently by Pandit Thakur
Das Bhargava, a member of the Constituent Assembly:
“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 Preamble of the Constitution provides an insight into the conscience of the
framers and demonstrates the ultimate aim for which the various provisions in the
Constitution were created. The following are the functions of the preamble:
1 It reveals the Constitution’s source.
2 It specifies the date on which the constitution takes effect.
3 It outlines the rights and liberties that the Indian people desired for them
4 It enumerates the salient features of the Constitution.
5 It establishes the government’s nature.
The issue of whether or not the preamble is a part of the constitution has been
debated in several cases. A judicial interpretation has given clarity to resolve
the issue.

Re Berubari Union Case

In the Re Berubari Union Case (1960), the nine-judge bench of the Supreme Court
of India deliberated on this issue. The Hon’ble Justice Gajendra Gadkar delivered
the judgment, and the Court observed that the preamble is not a part of the
constitution. However, it is a key to the mind of the framers of the constitution and
reveals their intentions.
Kesavananda Bharti v. State of Kerala
Thereafter, the issue came up before the thirteen-judge constitutional bench of the
Supreme Court in Kesavananda Bharti v State of Kerala (1973). The Court held
that the Preamble of the Constitution is considered part of the Constitution and it
does not lay down a binding obligation or any restriction but is pertinent in the
interpretation of statutes and provisions of the Constitution. With regard to
amendments, the phrase “amendment of this Constitution” in Article 368 implies
that any addition or alteration to any of the Constitution’s provisions made within
the wide curvature of the preamble is required to bring out the Constitution’s basic
objectives.
Minerva Mills v. Union of India
After the Kesavananda Bharati case, the five-judge constitution bench was
constituted in the case of Minerva Mills v. Union of India (1980) to determine
whether the Preamble could be amended or not. The Hon’ble Justice Y.V.
Chandrachud wrote the majority judgment and observed that any positive
amendment in the Preamble can certainly be made. The Preamble crystallizes the
notions that serve as the foundation of the Constitution. The Court held that the
42nd Amendment breathes a new breath into constitutional philosophy. By
amending the Preamble to include the terms “socialist” and “secular.” It merely
expressed what the Constitution already provided. The Preamble can, thus, be
amended using the procedure outlined in Article 368 of the Constitution.
Fundamental Rights
Part-III of the Constitution of India confers fundamental rights and freedoms to the
citizens and also non-citizens of India. The objective of Fundamental Rights is that
some basic rights, such as the right to life, liberty, freedom of speech, freedom of
faith, and so on, should be regarded as inviolable under all circumstances and that
the shifting majority in the legislatures of the country should not have a free hand
in interfering with fundamental rights. The fundamental right is often re-called the
Magna Carta of India. The Fundamental Rights enshrined in Articles 14 to 32 are
classified into six parts:
Right of equality (Article 14–16),
Abolition of untouchability (Article 17)
Abolition of titles (Article 18)
Right to freedom (Article 19)
Right to livelihood and life with dignity, and right against arbitrary arrest,
exploitation, and child labour (Article 21–24)
Right to freedom of religion (Article 25–28)
Cultural and educational rights (Article 29–30)
Right to constitutional remedies (Article 32)

Fundamental Right to constitutional Remedies

Fundamental rights empower the citizens of the country and individuals who are
not Indian citizens with certain rights which are fundamental to the existence of a
person in a democratic society. However, merely conferring a set of rights is
insufficient; they need to be safeguarded against any infringement. The Right to
Constitutional Remedy ensures that any infringement or encroachment upon
fundamental rights is prevented and defended. The Right to Constitutional
Remedies, according to Dr Ambedkar, is the Constitution’s “heart and soul.” It
allows citizens to approach the High Court or the Supreme Court for the restoration
of any fundamental right that has been violated. Thereafter, the designated court
might issue an order or instruction to the government on how to enforce these
rights.
Under the right to constitutional remedies, five types of writs can be granted under
Articles 32 and 226 of the Indian Constitution. The High Court may exercise its
jurisdiction under Article 226 of the constitution, while the Supreme Court may
exercise jurisdiction under Article 32 of the constitution. The writs are classified
into as Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto
Habeas Corpus
The term “habeas corpus” means “to have the body of.” The court has the authority
to summon any person who is being detained for such detention’s legality.
Mandamus
The term “mandamus” literally means “we command.” It is employed by the Court
to direct a public official to perform the work required by them under the law. This
writ can also be issued against a public body, an inferior court, a corporation, a
tribunal, or a government.
Certiorari
The term “certiorari” literally means “to be certified.” A higher court is empowered
to review a lower court’s or a government authority’s judgment for judicial review.
Prohibition
This writ is issued by a court to restrict or prohibit the lower courts, tribunals, and
other quasi-judicial authorities from acting beyond their legal authority.
Quo Warranto
The term “quo warranto” literally means “by what authority or warrant.” It
authorizes the Court to examine the legality of a person’s claim to a public office.

Directive Principle of State Policy

Directive principles express constitutional directives which influence the political
organs of the State to secure certain social, political, or economic goals of a
“transformative” character. Part IV of the Constitution, ranging from Article 36 to
51 of the Indian Constitution, lays down the Directive Principles of State Policy
(DPSPs), which outline the goals and objectives to be pursued by the states in the
country. This aspect of the Constitution is drawn from the Irish Constitution. The
Indian Constitution’s notion of a welfare state can only be realized if states
endeavour to put DPSPs into practice with a strong sense of moral responsibility.
The primary goal of implementing the DPSPs is to establish a benchmark of
achievement for the legislature and administration, as well as local and other
authorities, against which their success or failure can be measured. The DPSP can
be classified into three principles: socialist, Gandhian, and liberal.
Relation between Part III and Part IV of the Constitution
Fundamental Rights are justiciable, but Directive Principles are not. For this
reason, the latter is essential. The principles are crucially significant in the nation’s
governance. The distinction is made because, while the State could promptly
protect political and civil rights under “fundamental rights,” it could only assure
economic and social justice through the period as the economy evolved and the
transformation of society occurred. Though the latter subset of rights could not be
deemed justiciable, the State was nonetheless obligated to do everything possible
to take a holistic approach when enacting laws.
Constitutional structure : separation of power
The Indian Constitution contemplates the separation of powers among the state’s
organs while also ensuring a harmonious relationship between them. The
Constitution’s overriding authority has been made applicable to all state organs.
The Legislature, the Executive, and the Judiciary are all creations of the
Constitution, and they all derive their existence from it. The Constitution
establishes and limits their powers, limits their responsibilities, and governs their
interactions with one another and the general public. Each organ has been clearly
expressed in terms of purpose, intent, and activity areas in which there is very little
space for ambiguity or uncertainty. If there is any uncertainty, it is determined on
the anvil of the Constitution, which expressly states that all organs must live
harmoniously.
Every organ is accountable to the citizens in one form or another as custodians of
the nation’s interests. The Indian Parliament has been given a pre-eminent place in
the constitutional structure as the supreme representational and legislative body.
The Legislature, on the other hand, must adhere to certain constitutional
obligations and operate within the confines of a written constitution. The
Legislature is accountable to the citizens via elections; the Executive is
accountable to the citizens through the provision that it is collectively responsible
to the prevalent House of the Legislature; and, in a sense, the Judiciary is
accountable to the citizens because its sole responsibility as the custodian of the
citizen’s rights is to defend the Constitution.

Constitutional nature: Federal and Unitary

The question whether the Indian Constitution is federal or unitary has always been
a bone of disagreement. As a fusion of federal and unitary characteristics, the
Indian constitution is both federal and unitary. According to D.D. Basu, India’s
Constitution is neither entirely federal nor unitary, but rather a hybrid of the two.
It’s a unique type of union or composite. It is frequently described as quasi-federal.
Therefore, we may reasonably conclude that it is predominantly federal with some
unitary characteristics.
The history of Indian federalism and India’s centralized structure never ceases to
amaze most scholars. The Indian Constitution stands out in terms of distinctiveness
because of this unique blend of the two. The Indian constitution was crafted in
such a way that it ensured the junction of federal and unitary features. Even though
the Indian Constitution does not specifically mention the word “federalism,” it has
incorporated federal characteristics such as the separation of powers between the
Centre and the States, an independent judiciary, and a written constitution. Despite
the countless debates and ideas by several constitutional scholars and jurists
contesting the Indian Constitution’s federal structure.
In the case of S.R. Bommai & Ors v. Union of India (1994),
the Supreme Court of India concluded that the Indian Constitution, unlike the
United States Constitution, is not wholly federal. The Court further observed that
the states in the United States were sovereign and had the right to preserve their
independent status, making them resilient and eventually leading to the
construction of an indestructible union. In India, the Parliament, on the other hand,
relinquishes the right to create a new state within the legal framework, downsize an
existing state, change the name of an existing state, and even limit executive and
legislative power by modifying the constitution.

Federal Features of the Indian Constitution

1 The distribution of powers between the centre and states
2 Written Constitution
3 The rigidity of the Constitution
4 Supremacy of the Constitution
5 Independent Judiciary
Unitary Features of the Indian Constitution
1 A single central all-powerful
2 Government Flexibility of the Constitution and Administration
3 Single Citizenship
4 Integrated judiciary
5 Emergency Provisions
Conclusion
People strengthen the constitution in the same way that it strengthens them. The
architects of the Indian Constitution understood that no matter how beautifully
written or thorough a Constitution is, it will be meaningless unless it is
implemented and lived by the proper people. It is the prime reflection of the
democratic status of India as a country, and therefore, abidance and honor of the
Constitution is essential to maintain democracy.

REFRENCES
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2254941
https://pdpu.ac.in/cce/downloads/FRs.pdf
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1562683
https://www.ili.ac.in/pdf/mam.pdf
http://www.mcrhrdi.gov.in/crashcourse/presentations/SG%2007-%20Directive
%20Principles.pdf

BIBLIOGRAPHY
ILI Law Review Vol. II Winter Issue 2019 85 – CHANGING DIMENSIONS OF
FEDERALISM IN INDIA: AN APPRAISAL M. Asad Malik