Q1. Define Constitution.

Explain the kinds of Constitution and salient features of

Constitution.
Introduction: Constitution is the supreme law of each State. It lays down rules regarding the
organization, powers and functions of government.
The word Constitution is derived from the Latin word ‘Constituera’ which means ‘to form’, ‘to
create’, to establish, to organise,’ to compose. So literally Constitution means the establishment or the
formation of a legal institution.
Definitions
1. According to Aristotle “Constitution means it is the way of life the state has chosen for itself”
Types of Constitution:
1.Written Constitution: A written constitution is one which is written in to black and white in a
document or in several documents..
2. Unwritten Constitution: An unwritten constitution is one which is not written down into black and
white. An unwritten constitution is one which has grown upon the basis of customs rather than that
written laws
3. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. Its method of
amendment is difficult. For amending it, the legislature has to pass an amendment bill by a specific,
usually big, majority of 2/3rd or 3/4th. For passing or amending an ordinary
law, the legislature usually passes the law by a simple majority of its members.
4. Flexible Constitution: The flexible Constitution is one which can be amended easily by the
ordinary process of legislation.
Salient features of the Indian constitutional Law
1. Lengthiest Written Constitution: Indian Constitution is a fully written document which incorporates
various laws for proper management of the country. Indian constitution contains separate provisions for
scheduled castes, scheduled tribes, other backward classes, children and women. The Indian constitution
consists of 446 Articles divided into 22 part and 12 schedules.
2. Single Citizenship: Presently there are 28 states and 7 Union Territories in India and all citizens enjoy
a equal freedom, rights, and protection.
3. Fundamental Rights And duties : Every human being is entitled to enjoy certain rights which ensure
good living. In a democracy all citizens enjoy equal rights. Fundamental rights are basic rights which are
very much essential for the development of one's personality in a free society. We find a list of
fundamental rights from Article 14 to 32 in a part three of our Indian constitution. (Keshvananda
Bharti Vs State of Kerala). The High Court under article 226 the constitution of USA has been a source
of inspiration for the inclusion of the Fundamental Rights in the constitution of India.
4. Directive Principles of State Policy (Art 36 to 51) : Part IV of the Indian Constitution deals with the
‘Directive Principles of State Policy’. This part of the Constitution mentions certain guidelines for the
State with the objective of socio-economic development.
5. Parliamentary system of government: Indian Constitution provides for a parliamentary form of
government. President is the nominal or Constitutional head of the state. He is indirectly elected by the
citizens of India for a fixed period of 5 years.
6. Independent Judiciary: the other organs of the government (namely, the executive and the
legislature). Some facts mentioned in the Constitution that further prove the independence of the
judiciary are:-1) Judges are appointed by the President, (2) Judges of Supreme Court cannot be removed
from office except through an extremely complex process, (3) The salaries of judges are very high, (4)
The Supreme Court has its own staff.
In Kumar Padma Prasad Vs union of India The supreme court has observed : “The independence of
Judiciary is part of the basic structure of the constitution.
7.Mixture of Rigidity and Flexibility: The Constitution of India is said to be the perfect mixture of
rigidity and flexibility. It is neither wholly rigid nor wholly flexible. It is because, some provisions of the
Constitution can be amended very easily while the others can only be amended by complex processes.
8. Adult Suffrage: (Universal Adult Franchise): This part of the Constitution promotes the policy of
‘one person one vote’. According to this part of the Constitution, every individual of 18 years and above
have a right to vote irrespective of their age, gender, race, religion or status etc.
Q2. Define preamble, Explain its Scope, importance, objectives and values enshrined
in the preamble.
The preamble of the Indian Constitution serves as a brief introductory statement of the
Constitution that sets out the guiding purpose, principles and philosophy of the Indian Constitution. By
42nd Constitutional Amendment, 1976, it was amended which determined to constitute India into a
Sovereign, Socialist, Secular and Democratic Republic.
Meaning : According to Oxford Dictionary “The word preamble has been defines as an introductory
paragraph or part in a statute deed or other document, setting forth the grounds and intention of it” In
Golak Nath Vs State of Punjab Had held that “Preamble to an Act sets out the main objectives which
the legislation is intended to achieve.
 The Preamble of Indian Constitution
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; In Our
Constituent Assembly this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND
GIVE TO OURSELVES THIS CONSTITUTION.
Case : Re Berubari Union : In this case, it was held by the Supreme Court that the Preamble is the part
of the Constitution. However, it recognized that the Preamble could be used as a guiding principle if a
term in any article of the Constitution is ambiguous or has more than one meaning.
Objectives
1. Sovereign: The term ‘Sovereign’ which is proclaimed by the Preamble 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 is subjected to certain limitations.
2. Socialist: The term ‘Socialist’ was added in the Preamble by 42nd Amendment, 1976 which means the
achievement of socialist ends through democratic means. It is basically a ‘Democratic Socialism’ that
holds faith in a mixed economy where both private and public sectors co-exist side by side. In Air India
Statutory, Corp Vs United Labour Union the supreme court has held that the word “socialism” was
expressly brought in the constitution to establish an egalitarian social order through rule of law as its
basic structure.
3. Secularism: The term ‘Secularism’ was incorporated in the Preamble by 42nd Constitutional
Amendment, 1976 which means that all the religions in India get equal respect, protection and support
from the state. Article 25-28 of the constitution guarantee to every person the freedom of conscience and
the right to profess, practice and propagate religion. In S.R.Boommai Vs Union of India , The supreme
court has held that “Secularism is the basic feature of the constitution.
4. Democratic: India is a democratic country, democracy is generally Known as govt of people, by the
people, of the people, for the people.
The term ‘Democratic’ implies that the Constitution of India has an established form the
authority from the will of the people expressed in an election. The supreme court has declared
‘democracy’ as the basic feature of the constitution
Values
1. Republic: The term ‘Republic’ indicates that the head of the state is elected by the people directly or
indirectly..
2. Justice : Promises to give people what they are entitled to in terms of basic rights to food, clothing,
housing participation in the decision-making and living with dignity
3. Liberty: The Preamble also mentions about Liberty of though and expression. This is our President
has been guaranteed in the constitution through the fundamental rights.
4. Equality: Equality is as significant constitutional value as any other. The Constitution ensures
equality of status and opportunity to every citizen for the development of the best in him/her.
Q3.Define Citizenship, Explain its modes of acquisition and termination.
“Citizenship is the chance to make a difference to the place where you belong”
Citizenship is a legal status acquired by a person in a state, wherein he is entitled to enjoy all the legal
rights and privileges granted by the State and is obliged to obey the laws and fulfill the duties imposed by
the State. A person who is not a citizen of any country is said to be stateless. India doesn’t permit
multiple or dual citizenship.
MODES OF ACQUISITION AND TERMINATION UNDER THE CONSTITUTION:
Part- II of the Constitution from Art.5 to Art.11 deal with the modes of Acquiring and Termination of
Citizenship
a)By Domicile: Article 5 Lays down 2 conditions. First, at the commencement of the person must have
his domicile in the territory of India. Second, search a person Must fulfill any one of the 3 conditions laid
down in the article namely i) He was born in India ii) either one of his parents born in India iii) he must
have been ordinarily resident in the territory of India not less than 5 years. It has 2 types a) By Origin
b) By Choice
Pradeep Jain Vs union of India, Supreme court has held Art.5 recognizes only one domicile i.e.,
domicile of India. It does not recognize state domicile. If a person moves from one state to another state
to settle permanently he has one citizenship i.e., citizenship of India
State of Bihar Vs M.A.Singh (Air 1952 SC 282) Thus, minor and married women are regarded as
dependent persons and, therefore they cannot acquire the domicile of choice.
b) By Migration: *To India from Pakistan: (Article 6) Persons who have migrated from Pakistan to
India have been classified into two categories the purpose of citizenship that is i) those who came to India
before 19th July 1948, ii) those who came to India on or after 19th July 1948.
c) By Registration: According to Art.8, a person who is residing out of the territory of India can acquire
citizenship by registering himself with the diplomatic or consular representative of India in the country of
Residence. By fulfilling the following conditions:
i)He is born in India or
ii)His parents or grandparents are born in India.
ACQUISITION OF CITIZENSHIP (CITIZENSHIP ACT, 1955):
The parliament in the exercise of its power granted in Art.11 of the Indian Constitution has passed the
Indian Citizenship Act, 1955, making provisions for acquisition and termination of citizenship after the
commencement of the Constitution.
MODES OF ACQUISITION UNDER THE ACT:
According to the Act, citizenship can be acquired in 5 ways[2]:
1.Birth 2. Descent 3.Registration 4.Naturalization And 5.Incorporation of Territory.
a) By Birth: A person can acquire citizenship by birth if *He is born in India or
*Either or both of his parents are born in India and neither of them are illegal immigrants of India.
A person cannot acquire citizenship by birth if:
*His parents have diplomatic immunity or not citizens of India *His parents are an enemy alien
b) By Descent:
*A person born outside India can be a citizen of India by descent.
*A person born outside India on after 26 January 1951 is citizen of India by descent, if at the time of his
birth his father is an Indian citizen- but i) When his birth is registered at an Indian consulate or
ii) His father is at the time of his birth on service under Government of India.
c) By Registration:
*A person can acquire citizenship by registering.
*Person of Indian origin parents who are ordinarily resident in India for seven years.
*Persons who have been married to a citizen of India and who are ordinarily resident in India for 5 years.
*Minor children both whose parents are Indian citizens.
d) By Naturalization: Citizenship of India can be acquired by a foreigner who is ordinarily residing
India for a period of 12 years (continuously for the twelve months preceding the date of application and
for eleven years in the aggregate in the fourteen years preceding the twelve months).
e) By Incorporation of Territory:
If any new territory becomes a part of India, the Government of India shall specify the persons of the
territory to be citizens of India.
Q4. Explain “State” as provided under Art.12 of the Constitution with reference to
decided cases.

Introduction : Article 12 OF the constitution defines the term State, It lays down, In this part, unless
the context otherwise requires, the state includes the Government and Parliament of India and the
government and the legislature of each of the states and all local or other authorities within the
territory of India or under the control of the government of India.”

Meaning and Definition of State as per Constitution of India-Article 12

"The State" includes :
1. The Government and Parliament of India, i.e., Executive and Legislature of union of India.
2. The Government and the Legislature of each State i.e., Executive and Legislature of States.
3. All local or other authorities within the territory of India.
4. All local and other authorities under the control of the Government of India.
Analysis of Article-12 of the Constitution with Decided Cases

i) Authorities: According to Webster’s Dictionary, “Authority” means a person or body exercising

power to command. In the context of art.12, the word ‘authority’ means the power to make laws,
orders, regulations, bye-laws, notifications etc. which have the force of law and power to enforce those
laws.
ii) Local Authorities: Local authorities as defined in section-3 (31) of the General clauses Act refers
to authorities like: Municipalities, District Boards, Panchayaths, improvement Trust and Mining
Settlement Boards.
iii) Other Authorities: In Art-12 the expression ‘other authorities’ is used after mentioning a few of
them, such as, the Government, Parliament of India, the government and legislature of each states and
all local authorities.

Cases: 1.In University of Madras vs. Santa Bai, the Madras high court held that the ‘other
authorities’ could only indicate authorities of a like nature i.e., ejusdum generis. So construed, it
could be only mean authorities exercising governmental or sovereign functions. It cannot include
persons, natural or juristic, such as, a University unless it is maintained by the State.

2. In Airport Authority’s Case, it has been held that if a body is an agency or instrumentality of
government it may be an ‘authority’ within the meaning of Article 12 whether it is a statutory
corporation, a government company or even registered society. Accordingly it was held that the
International Airport Authority which had created by an Act of Parliament was the ‘State’ within the
meaning of Article 12.

3. In Ajay Hasia vs. Khalid Mujib, it has been held that a Society registered under the Societies
Registration Act, 1898, is an agency or ‘instrumentality of the state’ and hence ‘state’ within the
meaning of article 12.
Q5. Discuss the principles of equality as laid under Article 14 of the India
Constitution. (Right to equality)
Introduction: Part- III of the constitution deals with fundamental rights from Articles 14 to 35. The
fundamental rights are conferred to every citizen against the Government. If any of the fundamental
rights are violated, the citizen of India can sue the state.
The right to equality under article 14: Equality is one of the basic elements of democracy. Right to
equality means equality in all its forms i.e. legal,civil and social. The object of right to equality is to
secure to the citizens equality in all its form. An article 14 to 18 of the constitution guarantees the right to
equality to every citizen of India. Article 14 embodies the general principles of equality before law and
prohibits unreasonable discrimination between persons.
Principles laid under Article 14: Article 14 declares that the state shall not deny to any person equality
before the law or equal protections of the laws within the territory of India. Thus Article 14 uses two
expressions “equality before law” and “equal protection of law”. Article 14 is based upon the
principles of natural justice.
1. Equality Before Law:- Equality before law in Article 14 is based on the principles of Rule of law. No
man is above the law of the land. There is no distinction before the law. The concept of equality before
law does not mean absolute equality among human beings which is physically not possible to achieve.
Equality before the law means that among equals the laws should be equal. The right to sue and
be sued, to prosecute and be prosecuted for the same kind of action should be same for all citizen of full
age without distinctions of race, religion, wealth, social status or political influence.

2.Equal Protection of Laws:- Equal protection of law is a positive concept, implying equality of
treatment under equal or similar circumstances. No one can be favoured more and no one can be
unfavoured more. Equal law should be applied to all persons in the same situation. There should not be
any discrimination between one person to another. Equal law should be applied to all in same situation,
and there should be no discrimination between one person and another.
Article 14 permits classification but prohibits class legislation:-
The equal protection of laws guaranteed by Article 14 does not mean all laws must be general in
character. It does not mean that same law should apply to all persons. It does not mean that every law
must have universal application for. Thus Article 14 forbids is class- legislation but it does not forbid
reasonable classification. The classification, however, must not be “arbitrary, artificial, or evasive” but
must be based on some real substantial distinction bearing a just and reasonable relation to the object
sought to be achieved by the legislation.

Cases: 1. Ramakrishna Dalmia v/s Justice Tedndolkar [ AIR1958 SC 538], In this case the Supreme
Court held that Article 14 protects all persons from discrimination by the legislative as well as the
executive organ of the state. Article 14 forbids class legislation it does not forbid reasonable classification
for the purpose of legislation.

2. State of Madras V/S Champakam Dorairajan, The Madras Government had reserved seats in state
medical and engineering colleges for different communities in certain proportions on the basis of
religion, race and caste. The state defended the aw on the social justice for all sections of the people. But
the Supreme Court held the view that the law is void because it classified students on the basis of caste
and religion.
Q6. Discuss the Freedom of Speech and Expression with the help of deiced Cases.
Introduction: Personal liberty is the most important of all fundamental rights. Articles 19 to 22 deals
with the different aspects of basic rights. Taken together these four Articles from a chapter of personal
liberties which provides the backbone of the fundamental rights. The foremost amongst these are the six
fundamental rights in the nature of freedoms which are guaranteed to the Citizens by Article-19 of the
Constitution.
Provisions under Article 19of the Constitution:
Among all the six fundamental rights Article-19 is the most important one. This Article contains 6
freedoms. Protection of certain rights regarding freedom of speech, etc.—
(1) All citizens shall have the right—
(a) to freedom of speech and expression; (b) to assemble peaceably and without arms;
(c) to form associations or unions (d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) to practise any profession, or to carry on any occupation, trade or business.

Meaning and Scope of Speech and expression:

The term freedom of Speech and Expression includes
a) Right to have opinions b)Right to express them freely c)Through the medium of writing, print,
television, radio, Internet etc… d)Restricted to the extent of not adversity affecting freedom of others to
live with peace and harmony.
Thus from the above freedom of speech and expression means the right to express one’s own opinions
freely by word of mouth, writing, printing, pictures or any other mode. It thus includes the expression of
one’s ideas through any communicable medium or visible representations, such as, gesture, signs and the
like.
Article 19 (1) (a) has 4 Broad Special Purposes to Serve:
The freedom of speech and expression has four broad principles to serve:
1. It helps an individual to attain self- fulfillment;
2. It assists in the discovery of truth
3. It strengthen the capacity of an individual in participating in the decision making
4. It provides a mechanism by which it would be possible to establish a reasonable balance between
stability and social change.
Freedom of press Article 19(1) (a) of the constitution
The liberty of press means liberty to print and publish what one pleases, without previous permission.
The freedom of the press is not confined to only newspapers and periodicals. It includes also pamphlets
and circulars and every sort of publication which affords a vehicle of information and opinions.
Case : 1.Bennet Coleman and Company v/s Union of India [Freedom of Press News Print
Case]: The validity of the newsprint Control Order which fixed the maximum number of pages (10
pages) which a newspaper could publish was challenged as violative of fundamental rights guaranteed
under Article 19 (1) (a) and Article 14 of the Constitution. The Court held that the newsprint policy was
not reasonable restriction within the ambit of Article 19(2).
2.Freedom of speech includes freedom of silence. In Bijoe Emmanuel v/s State of Kerala [National
Anthem Case] the Supreme Court held that no person can be compelled to sing National Anthem, “If he
has genuine conscientious objections based on his religious faith”.
Grounds for Restrictions under Article 19(2):
Clause (2) of Article 19 contains the grounds on which restrictions on the freedom of speech
and expression can be imposed:-
a)Security of the State b)Friendly relation with Foreign States c)Public Order d)Decency of
Morality e)Contempt of Court f)Defamation g)Incitement of an offence[motivating to commit
offences] h)Sovereignty and Integrity of India
Conclusion: Freedom of speech and of the press lay at the foundation of all democratic organizations, for
without free political discussion no public education, so, essential for the proper functioning of the
process of popular Government, is possible.
Q7. Article 21 deals with “Protection of life and Personal Liberty”
INTRODUCTION : Article 21 deals with “Protection of life and Personal Liberty”. The inspiration of
Article 21 is the 5th Amendment to the Constitution of USA which guarantees the fundamental right to
life and personal liberty. Now Article 21 protects the right to life and personal liberty of citizens not only

from the executive action but from the legislative action also. A person can be deprived of his life and
personal liberty if two conditions are complied with, 1) there must be a law and 2), there must be a
procedure prescribed by that law.
PERSONAL LIBERTY MEANING AND SCOPE:
Prior to Maneka Gandhi Case Decision: The meaning of the term personal liberty came up for
consideration of the Supreme Court for the first time, In Maneka Gandhi v/s Union of India, Case Article
21 guaranteed the right to life and personal liberty to citizens only against the arbitrary action of the
Executive and not from Legislative action. The state could interfere with the liberty of citizens.
CONDITIONS UNDER ARTICLE 21:
Art.21 requires the following conditions to be fulfilled before a person is deprived of the property:-
There must be a valid Law // The Law must provide a Procedure.// The procedure must be just, fair
and reasonable// The law must satisfy the requirements of Arts. 14 and 17 i.e., it must be reasonable
THE RIGHTS ARE HELD TO BE COVERED UNDER ARTICLE 21 OF THE
CONSTITUTION:
1.RIGHT TO LIVE WITH HUMAN DIGNITY:
People Union for Democratic Rights v/s Union of India: In this Case it was held that non-payment of
minimum wages to the workers employed in various, A siad Projects in Delhi was a denial to them of
their right to live with basic human dignity and violative Article 21 of the Constitution.
2. RIGHT TO LIVELIHOOD (securing the necessity of life): In Olga Tellis v/s Bombay Municipal
Corporation: This case is popularly known as the ‘Pavement Dwellers case’. It was held in this case that
the word ‘life’ in Article 21 includes the ‘right to livelihood’ also.
3. RIGHT TO SHELTER: It includes adequate living peace, safe and decent, structure, clean and
decent surroundings, sufficient light, pure air and water, electricity, sanitation and other civic amentias
like roads etc. The right to shelter therefore, does not mean a mere right to roof over one’s head but right
to all the infrastructure necessary to enable them to live and develop as a human being.
4.RIGHT TO PRIVACY : A citizen has a right to safeguard the privacy of his own, his family,
marriage, procreation, motherhood, child-bearing and education among other matters.
Cases: In Auto Shankar Case: The Supreme Court held that the “right to privacy” or the right to be
let alone is guaranteed by Art.21 of the Constitution.
5. RIGHT TO HEALTH AND MEDICAL ASSISTANCE : In a historic judgment in Consular
Education and Research Centre v/s Union of India: The Supreme Court held that right to medical care
is a fundamental right.
6. RIGHT TO DIE: State of Maharashtra v/s Maruty Sripati Dubal. The Court listed several
circumstances in which people may wish to end their lives, including disease, cruel or unbearable
condition of life, a sense of shame etc. The right to life under Article 21 also includes the “right not to
live”, i.e., right to die or terminate one’s life
7. RIGHT TO FREE LEGAL AID: Article 39-A provides equal justice and free legal aid. It means
justice according to law
8. RIGHT TO EDUCATION A FUNDAMENTAL RIGHT UNDER ARTICLE 21-A:
The Constitution 86th Amendment Act, 2002 has added a new Article 21- A after Article 21 and has made
education for all children of the age of 6 to 14 a fundamental right.
Case : In Unni Krishna v/s State of A.P. : Where the Court specifically held that the right to education
for the children of age of 6 to 14 is a fundamental right. Article 21-A makes it obligatory for the
Government to enact a Central Legislation to give effects to the Constitutional amendments. The
Legislation will create a mechanism by which a citizen who is aggrieved that the right to education has
not been fulfilled should be able to get relief by filing writ petitions in the High Courts and the Supreme
Court.
Q8. Explain the Safeguards available against the arbitrary arrest and detention
under Article-22 of the Indian Constitution.
Introduction : Article-22 provides safeguards against arrest and preventive detention. Article 22
prescribes the minimum procedural requirements that must be included in any law enacted by the
Legislature in accordance with which a person may be deprived of his life and personal liberty.

Article 22 deals with two separate matters:

1. Person arrested under ordinary law of crimes and
2. Person detained under the law of preventive detention.
*Rights Of Arrested Person: Article 22(1) and (2) guarantees four important rights to on a person who
is arrested for any offence under an ordinary law. These fundamental rights guaranteed to arrested
persons both to the citizens as well as non-citizens And not to the persons arrested and detained under
any law providing for preventive detention.
1.The rights to be informed on grounds of arrest
2.The right to consult and be defended by a legal practitioner of his choice
3.Right to be produced before a Magistrate within 24 hours of his arrest
4.Not to be detained beyond 24 hours without Magistrates authority

*Preventive Detention Laws U/A 22: Sometimes the Country is faced with the certain dangers. To
safeguard the interest of the country the Central Government is entitled to declare certain areas and
certain persons to detain them under prevention of the breach of peace.
Ex: 1. Preventive Detention Act, 1950 2.Terrorist and Disruptive Activities Prevention Act, 1987.
1. Review by Advisory Board: the 44th amendment Act, 1978 has substituted a new clause for clause
(4) which reduces the maximum period for which a person may be detained without obtaining the
opinion of the advisory board from 3 months to 2 months. The detention of a person for a longer
period than two months can only be made after obtaining the opinion of the advisory board. The
advisory board shall now be constituted in accordance with the recommendation of the Chief Justice
of the appropriate high court. If the advisory board reports that the detention is not justified, the
detained person must be released.
2. Communication of Grounds of Detention to Detenue: the authority making the detention must as
soon as possible be communicated to the person detained the grounds of his arrest, that is, the
grounds which led to be subjective satisfaction of the detaining authority and to give the detenue the
earliest opportunity of making a representatives against the order of detention that is, to be furnished
with sufficient particulars to enable him to make a representation.
3. Detenue’s Right of Representation: the other right given to the detenue is that he should be given
the earliest opportunity of making a representation against detention order. It means that the detenue
must be furnished with sufficient particular of ground of his detention to enable him to make a
representation which on being considered may give him relief.
Q9. Discuss the Right to Constitutional Remedies under Article 32 and 226 of the
Constitution.
Part III of our Constitution provides for legal remedies for the protection of these rights against
their violation by the State or other institutions/individuals. It entitles the citizens of India to move the
Supreme Court or High Courts for the enforcement of these rights.
Article 32 is the heart and soul of our Constitution.Let us now understand the five
types of Writs:

1. Writ of Habeas Corpus: One of the valuable writs for personal liberty is “Habeas Corpus” which
means “You may have the body”. If any person is detained in prison or a private custody without legal
justification; this writ is issued to the authority confining such person, to produce him/her before the
Court. The Court intervenes here and asks the authority to provide the reasons for such detention and if
there is no justification, the person detained is set free.
2. Writ of Certiorari: The meaning of Certiorari is to be certified. This writ is issued when any lower
court or a tribunal exercises a wrongful jurisdiction and decides the case. The party affected can move
this writ to higher courts like the High Court or the Supreme Court. Writ of Certiorari can be issued to
the quasi judicial or subordinate courts when they act:
 In excess or without any jurisdiction
 In contravention to the principles of Natural justice
 In violation of the prescribed procedure as established by law
 Resulting in an error of judgment apparent on the face of it.
3. Writ of Mandamus: The term “Mandamus” in Latin means “We command”. This writ is issued to a
public official who refrains from performing his public duties which he is obliged to do. This writ can
also be issued to any public authority (including the government, corporation and Court) commits an act
which is detrimental to the welfare of the general public. This writ however cannot be issued against the
President and the Governor.
4. Writ of Quo-Warranto: “By what warrants?” is the literal meaning of the term Quo-Warranto. The
issuance of this writ takes place to restrain a person from acting in public office to which he is not
entitled. In simple words, if a person occupies a public office without being qualified for the office, then
this writ is issued to restrain the concerned authority from discharging his duties. The High Court of that
particular state has the authority to issue this writ and direct the person to vacate the office in question.

The writ of Quo-warranto is issued in 3 instances when

 The office in question is a public office and is substantive in nature.
 The State or the Constitution has created the office
 The public servant (respondent) should have asserted a claim on the office.
5. Writ of Prohibition: Writ of Prohibition is issued to a subordinate to cease doing something which it
is not supposed to do as per law. Normally, this writ is issued by the superior courts to the lower courts
when the lower court tries to exceed the limit of jurisdiction vested in it. Likewise, if the court acts in
absence of jurisdiction, this writ can be issued. Once this writ is issued the lower court is under an
obligation to stop its proceedings. One cannot issue this writ against a public official who does not have
judicial or quasi judicial powers. This writ is issued before the lower court passes an order.
Q10.Short note
 Fundamental Duties
Part-IV-A which consists only one Article-51-A was added to the constitution by the 42 nd
Amendment Act 1976. This Article for the first time specifies a code of eleven fundamental duties for
citizens. The object of the part-IV-A is to achieve national integrity and respect. Its object is to make
every citizen to realize that he has certain duties towards the nation. Originally Fundamental Duties were
ten in number; the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which
added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for
education between the ages of six and fourteen years. Citizens are morally obligated by the Constitution
to perform these duties. However, like the Directive Principles, these are non-justifiable, without any
legal sanction in case of their violation or non-compliance.
The Fundamental Duties noted in the constitution are as follows:
It shall be the duty of every citizen of India —
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to
the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to
have compassion for living creatures;
h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) 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;
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be,
ward between the age of six and fourteen years. which added a duty on every parent or guardian to ensure
that their child or ward was provided opportunities for education between the ages of six and fourteen
years.
Citizens are morally obligated by the Constitution to perform these duties. However, like the
Directive Principles, these are non-justifiable, without any legal sanction in case of their violation or non-
compliance.