1 Constitutional Law 1
PREAMBLE
The Preamble to the Constitution of India is an introductory
statement that lays down the goals that the drafters of the
Constitution aimed to achieve. It embodies the guiding purpose,
principles, and philosophy of the Constitution. It gives information
on the following four points:
1. Source of the Constitution: We, the people of India
2. The Nature of the Indian state: Sovereign Socialist Secular
Democratic Republic
3. Statement of Objectives: Justice, Equality, Liberty, and
Fraternity
4. Date of adoption: November 26, 1949
The Preamble serves as a key to opening the minds of the makers
of the Constitution, which may show the general purposes for
which they inserted several provisions in the Constitution.
(Berubari Union and Exchange of Enclaves, re, AIR 1960
SC 845). Because of this, the Preamble can be treated as a legitimate
aid in the interpretation of constitutional provisions. When a
doubt arises as to the interpretation of a particular provision of the
Constitution or a statute, the Court can examine the contents of
the Preamble to shed light on such provisions. However, this can
be done only when the language of the provisions is ambiguous or
obscure and capable of being interpreted in more than one way. If
the provisions are clear and unambiguous, then the Court cannot
make use of the Preamble in order to either cut down on or qualify
the provision. In Kesavananda Bharti v. State of Kerala (AIR
1973 SC 1461), the Supreme Court held that the Preamble is a part
of the Constitution and that the objectives that have been specified
in it are part of the basic structure of the Constitution, and hence,
it cannot be amended in violation of the basic structure. Unlike
the Preamble to a Statute, the Preamble to the Constitution is a
part of the Constitution.
For example, in S. R. Bommai v. Union of India (AIR 1994 SC
1918), the word ‘secularism’, as stated in the Preamble, shall mean
that the state cannot have any religion of its own, and further,
all persons will enjoy the freedom of conscience and the right to
profess, practice, and propagate a religion of their choice freely.
To realise the goals and aspirations mentioned in the Preamble,
Directive Principles of State Policy (DPSP) have been provided.
The preamble therefore must be read with these principles to
achieve maximum welfare for the people.
CITIZENSHIP
Part II of the Constitution deals with citizenship and prescribes
the various modes of acquiring citizenship at the time of its
commencement. Further, Article 11 lays down that the Parliament
has the power to make laws relating to the acquisition and
termination of citizenship and any matters relating to citizenship.
In furtherance of this power, the Parliament enacted the
Citizenship Act, 1955.
A clear distinction has been made between a person ‘and a citizen
‘under the Constitution. This can be seen clearly in the fundamental
rights laid down in Part III of the Constitution. There are some
fundamental rights that are available to all persons, whether or not
they are citizens of India, such as the right to life and the freedom
of religion, whereas there are some rights that are available only
to citizens of India, such as the freedom of speech and freedom of
trade. This distinction has been identified and upheld by the Supreme
Court in State Trading Corporation of India v. Commercial Tax
Officer, Vishakhapatnam (1964 SCR (4) 89).
The citizens have been classified into three categories:
1. Citizens by domicile (Article 5)
 A minor takes the domicile of his father (Sharafat
v. State of Madhya Pradesh, AIR 1960, All 637). A
married woman takes the domicile of her husband
(Karinum Nisa v. State of Madhya Pradesh, AIR
1955, Nag).
 Although in India, there is no separate state citizenship,
However, it is possible to have a separate state domicile
(Joshi v. Madhya Bharat, AIR 1955 SC 334).
 The Representation of the Peoples Act, 1951, initially
required domicile in the state concerned to get elected to
the Council of States. This was deleted in 2003 (Kuldip
Nayar v. Union of India, AIR 2006 SC 3127).
2. Citizens by migration (Article 6)
 The independence of India was accompanied by large-
scale migration from parts of the Indian subcontinent
that had ceased to be part of India. To accommodate
these migrants, Article 6 was inserted in the constitution.
 It must be noted, therefore, that Article 6 deals only with
migration prior to and not after the commencement of
the Constitution (Shanno Devi v. Mangal Sain, AIR
1961 SC 58).
 3. Citizens by registration (Article 9)
Under Article 9, no person can be a citizen of India under Articles
5, 6, and 8 if he or she has voluntarily acquired citizenship of a
foreign country. Thus, India does not recognise dual citizenship.
Like Article 6, Article 9 also deals with cases where citizenship
of another country has been acquired before and not after the
commencement of the Constitution. The Citizenship Act, 1955,
deals with the latter type of situation.
The 1955 Act provides five ways of acquiring citizenship:
1. Birth
2. Descent
3. Registration
4. Naturalisation
5. Incorporation of some territory into India
Lok Sabha passed the Citizenship (Amendment) Bill introduced
in 2016. As per the bill, Jains, Sikhs, Parsis, and Christians
who migrate to India without travel documents from Pakistan,
Bangladesh, or Afghanistan will not be regarded as illegal
migrants.
FUNDAMENTAL RIGHTS
Part III of the Constitution lays down the fundamental rights that
are guaranteed to ‘persons’ and ‘citizens’. Fundamental rights in
India are based on the American model, where not just rights are
given, but effective remedies for them have also been provided.
They create a pattern for the guarantee of human rights (Maneka
Gandhi v. Union of India, AIR 1978 SC 597). Their scope has
been expanded by judicial pronouncements. The Supreme Court
in People’s Union for Civil Liberties (PUCL) v. Union of India
(2003) (4 SCC 399) stated that fundamental rights have no fixed
content; most of them are empty vessels in which each generation
must pour its content considering its experience.
Article 12
Article 12 provides the definition of ‘state’ that will be applicable
in Part III. ‘State’ has been defined to include the Government
and Parliament of India, the Government and Legislature of
each state, and all local or other authorities within the territory
of India or under the control of the Government of India.
Precisely which bodies would fall within the definition of ‘state’
and particularly within the phrase other authorities ‘have to be
determined based on the facts and circumstances of each case by
applying the tests laid down by the Supreme Court. In University
of Madras v. Shantha Bai (AIR 1954 Mad 67), the Supreme
Court, applying ejusdem generis, held that ‘other authorities’
could only mean those exercising governmental or sovereign
functions. In Rajasthan Electricity Board v. Mohan Lal (AIR
1967 SC 1857), the Supreme Court held that ‘other authorities’
would include all bodies that are created by the Constitution or a
statute upon which powers have been conferred by law. It was not
held necessary that the body must be performing a government
function, and therefore, it would include those bodies set up by
the state for performing commercial activities or for promoting
the educational and economic interests of the weaker sections of
the population.
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In Sukhdev v. Bhagatram (AIR 1975 SC 1331), statutory
corporations like Life Insurance Corporation (LIC), Oil and
Natural Gas Corporation (ONGC), etc. were held to be ‘State’
as they had the power to create binding rules and regulations.
Justice Mathew, in his concurring opinion, said that if the function
of a corporation is of public importance and closely related to
governmental functions, then it should be treated as an agency or
instrumentality of the state.
Further, in R. D. Shetty v. International Airports Authority (AIR
1979 SC 1628), the Supreme Court held that there could not be any
clear demarcation between those bodies that are instrumentalities
or agencies of the state and those that are not. Further, the Court
clarified that the definition of ‘state’ would not be limited to a
government department or the Legislature but would extend to
any action, whether administrative, judicial, or quasi-judicial, that
can be brought within the meaning of ‘state action’. In each case,
the following factors should be considered:
• Whether the entire share capital of the corporation is held by
the government
• Whether the financial assistance provided by the state to the
corporation is so much as to meet nearly the entire expenditure
of the corporation
• Whether the corporation enjoys monopoly status, which is
either state-conferred or state-protected
• Whether there exists deep and pervasive state control
• Whether the functions of the corporation are of public
importance and are closely related to government functions
• If a department of the government is transferred to a
corporation, then it would be a strong factor in suggesting that
the corporation is an instrumentality or agency of the state.
These tests were approved in Ajay Hasia v. Khalid Mujib
Sehravardi (AIR 1981 SC 487). On an application of these tests,
in Zed Telefilms v. Union of India (AIR 2005 SC 2677), the
Supreme Court held that the Board for Control of Cricket in India
was not ‗State‘within the meaning of Article 12, since the Board
was not created under a statute; there was no financial assistance
given by the government; no part of the share capital was held by
the government; its monopoly status was neither state-conferred
nor state-protected. Any control exercised by the government
over the board was regulatory and not administrative in nature.
A question arose as to whether the judiciary would be considered
‘State’ within the meaning of Article 12 since the judiciary, though
an important organ of the state, has not been listed in Article 12
along with the other organs of the state. Here, the test requires
a distinction to be made between the judicial and non-judicial
functions of the Court. When the Court is performing non-judicial
functions such as administrative or legislative, then it would
fall within the meaning of ‘State’. Therefore, it has been held in
Prem Chand Garg v. Excise Commissioner (AIR 1963 SC 996)
that when a court makes rules by exercising its statutory rule-
making powers that violate the fundamental rights granted under
the Constitution, such a rule could be challenged and held to be
ultra vires. The judiciary, while exercising its judicial functions,
determines the scope of fundamental rights with respect to
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legislative or executive actions or the actions of other persons or
bodies. In exercising this function, the Court is competent to make
a right or wrong adjudication, and a wrong determination would
not be a breach of the fundamental rights by the Court (Naresh
Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1).
The remedy for such an approach would be an appeal and not to
approach the Court under Articles 32 or 226.
Article 13: Judicial Scrutiny of State Action
Pre- and Post-Constitution Laws: Article 13 upholds the
supremacy of the Constitution, rendering any law inconsistent
with fundamental rights void. This applies to laws existing
before the Constitution came into effect and any state legislation
thereafter. The essence is to prevent laws that contravene the
rights enshrined in Part III, serving as a shield against legislative
and executive encroachments.
Landmark Judgements: In the case of R.C. Cooper vs. Union of
India, the Supreme Court underscored the ‘direct effect’ doctrine,
invalidating the nationalisation of banks because it infringed upon
fundamental rights. This case shifted focus from the ‘object and
form’ to the ‘effect and substance’ of the legislation.
Bennett Coleman Co. vs. Union of India: Further fortified
the protection of fundamental rights, particularly emphasising
freedom of the press. The court held that the ‘direct effect’ of state
action, which reduced the circulation of a newspaper, was a direct
interference with the freedom of speech and expression.
Maneka Gandhi vs. Union of India: marked a significant shift
by linking the procedure of law with personal liberty. The court
established that any law depriving a person of personal liberty
must satisfy the requirements of Articles 14, 19, and 21, making
the right to live not merely a physical right but encompassing the
full spectrum of rights that make life worth living.
Scope of ‘Law’ and ‘State’: The term ‘law’ within Article 13
is broad, encompassing ordinances, orders, by-laws, rules,
regulations, notifications, customs, or usages having the force
of law. In the context of delegated legislation, the nullification
of such legislation due to inconsistency with fundamental rights
does not necessarily invalidate the primary legislation from which
it was derived.
Article 14: The Realm of Equality
Equality Before the Law and Equal Protection Article 14
embodies two facets of equality: ‘equality before the law’ and
‘equal protection of the laws’. The former is a negative concept
aimed at negating special privileges, while the latter imposes a
positive obligation on the state to ensure equal treatment.
Reasonable Classification the State of West Bengal vs. Anwar
Ali Sarkar Established that while equality does not mean identical
treatment under identical circumstances, any classification must
be founded on an intelligible differentia. Moreover, this differentia
must have a rational relation to the objective sought by the law.
Doctrine of Arbitrariness E.P. Royappa vs. State of Tamil
Nadu: introduced the doctrine of arbitrariness, stating that any
executive action must be non-arbitrary and reasonable. This
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doctrine was extended to legislative action in the Royappa case,
embedding the concept of reasonableness within the right to
equality.
Procedural and Substantive Fairness The progression from
Royappa through subsequent cases like Ajay Hasia, etc.
established that the heart of Article 14 is the prohibition of
arbitrariness and the mandate of fairness in state action, both
procedurally and substantively.
Article 15: Combating Discrimination
Prohibition of Discrimination: Article 15 specifically prohibits
discrimination by the state on enumerated grounds, reinforcing
the equality ethos of Article 14. However, it carves out space for
affirmative action, allowing the state to make special provisions for
women, children, and socially and educationally backward classes.
Affirmative Action and ‘Creamy Layer’ Indra Sawhney
vs. Union of India: Was pivotal in shaping the contours of
reservation policies. It validated the use of caste as a marker for
determining social backwardness and introduced the ‘creamy
layer’ concept, excluding the economically advanced individuals
within a backward class from reservations. The Supreme Court
further set the ceiling for reservations at 50%, ensuring a balance
between equality and affirmative action.
Special Provisions and Gender Equality: The provision for
making special laws for women and children was upheld in Yusuf
Abdul Aziz vs. State of Bombay, recognising the state’s role in
rectifying historical injustices and imbalances.
Article 16: Equality in Employment
Equality of Opportunity: Article 16 extends the principle
of equality to public employment, ensuring that all citizens
have equal opportunity in matters relating to employment or
appointment to any office under the state.
Reservations in Public Employment the State of Kerala
vs. N.M. Thomas: Affirmed that reservations under Article
16(4) are not exceptions to the right to equality but a part of
ensuring substantive equality. It recognised that some groups’
underrepresentation in public employment could be addressed
through affirmative action.
Carry Forward Rule and Reservation in Promotions: In
the Indra Sawhney case, the Supreme Court ruled that the
carry-forward rule in reservations was valid as long as the
total reservation did not exceed 50% in a year. It also held that
reservations could be made in promotions for Scheduled Castes
and Scheduled Tribes.
Constitutional Amendments and Interpretations: Constitutional
amendments like the 77th, 81st, 82nd, and 85th sought to fine-tune
the application of Article 16, particularly concerning reservations in
promotions and the carry-forward rule, often in response to judicial
pronouncements. These amendments show the dynamic interplay
between the judiciary and the legislature in the interpretation and
application of constitutional principles.
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Article 17: Eradicating Untouchability
Context and Enforcement: Article 17 of the Indian Constitution
is a categorical prohibition of ‘untouchability’, a practice deeply
rooted in traditional Indian social structures. The usage of inverted
commas around ‘untouchability’ signifies that the term is not used
in a literal sense but rather to denote the social evil as practiced
historically in India. This article reaches beyond mere legislative
prohibition, rendering the enforcement of any disability arising
out of ‘untouchability’ punishable by law.
Legislative Measures: In exercising the powers granted by Article
35, the Indian Parliament enacted the Untouchability (Offences)
Act, 1955. This Act, later strengthened and renamed the Protection
of Civil Rights Act, 1955, was a legislative measure to provide
penalties for practicing untouchability. The amendments brought
to this Act made the offences non-compoundable, increased
the severity of punishments, and put in place an administrative
mechanism to enforce the Act.
Judicial Interpretations: The Supreme Court’s decision in
State of Karnataka vs. Appa Balu Ingale upheld the conviction
of individuals under this Act, reinforcing the constitutional
commitment to eradicate the evils of untouchability. In a broader
context, in Indian Young Lawyers Association vs. The State of
Kerala (Sabarimala Case), the argument was made that denial of
temple entry could be construed as a form of untouchability. This
interpretation was considered considering the Dawoodi Bohra
Case, where the Court had previously expanded the definition
of untouchability beyond caste to include other forms of social
ostracization.
Article 18: Abolition of Titles
Prohibition of state-conferred titles: Article 18 prohibits the
state from conferring any titles other than military or academic
distinctions, reflecting the Constitution’s commitment to equality.
It ensures that no citizen is placed above another by virtue of a
title, emphasizing meritocracy and the democratic ethos.
Restrictions on Foreign Titles and Emoluments: Further
clauses of Article 18 restrict Indian citizens and non-citizens from
accepting titles from any foreign state. Additionally, no person
holding an office of profit or trust under the state is permitted
to accept any present, emolument, or office of any kind from a
foreign state without the president’s consent.
Judicial Review of National Awards: The constitutionality of
national awards such as Bharat Ratna, Padma Vibhushan, Padma
Bhushan, and Padma Shri was scrutinised in Balaji Raghavan
vs. Union of India. The Supreme Court, after reviewing the
constitutional intent and history behind these honours, concluded
that they did not constitute ‘titles’ within the context of Article 18.
The Court recognised these awards as decorations recognising
meritorious service or achievement, which do not attach a title
to individuals’ names and hence are not in contravention of the
constitutional prohibition.
Both articles represent critical aspects of the Constitution’s
directive to create a society based on social equality and the
dignity of the individual. Article 17’s robust stance against
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the social discrimination of ‘untouchability’ and Article 18’s
commitment to egalitarianism by abolishing titles serve to
underscore the Constitution’s foundational principles of equality,
fraternity, and liberty. The judicial interpretations and legislative
actions associated with these articles reflect the dynamic process
of constitutional application and the continual effort to align
Indian society with these principles.
Article 19 of the Indian Constitution is a vital provision that
encapsulates a range of fundamental freedoms for citizens. This
article, which is a cornerstone of civil liberties in India, has
undergone extensive judicial scrutiny and interpretation, making
it a dynamic component of constitutional law.
1. Overview of Article 19
• Scope: Article 19 guarantees specific freedoms to citizens,
excluding aliens and juristic persons like companies.
• Nature of Rights: These rights are not absolute and can be
restricted on reasonable grounds for public welfare.
2. F
 reedoms Under Article 19 and Their Judicial
Interpretations
2.1 Freedom of Speech and Expression (Article 19(1)(a)):
• Scope: Includes freedom to express one’s opinions through
words, writings, or any other communication medium.
• Landmark Cases:
 Romesh Thappar vs. State of Madras: Emphasised
the right to circulate one’s views as integral to freedom
of speech.
 Sakal Papers Ltd. vs. Union of India: Highlighted
that restrictions on newspaper circulation are
unconstitutional.
 Tata Press Ltd. vs. Mahanagar Telephone Nigam Ltd.:
recognised commercial speech as part of freedom of
expression.
 Shreya Singhal vs. Union of India: Invalidated Section
66A of the IT Act, emphasising the need for narrowly
tailored restrictions on speech.
• Expansion of Scope: The right to information, considered
part of this freedom, led to the enactment of the Right to
Information Act, 2005.
2.2 Freedom to Assemble Peacefully Without Arms (Article
19(1)(b)):
• Scope: Citizens can hold unarmed and peaceful assemblies.
• Judicial Interpretation: In Babulal Parate vs. State of
Maharashtra, the Supreme Court held that public meetings
are a part of this right but can be regulated to maintain public
order.
2.3 Freedom to Form Associations or Unions (Article 19(1)(c)):
• Scope: Right to form associations, clubs, companies, societies,
political parties, etc.
• Judicial Interpretation: The State of Madras vs. V.G. Row
case highlighted that the state could impose reasonable
restrictions on this right in the public interest.
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2.4 Freedom to Move Freely Throughout the Territory of
India (Article 19(1)(d)):
• Scope: Allows citizens to travel and reside in any part of India.
• Judicial Interpretation: In Ajay Canu vs. Union of India,
helmet laws for two-wheeler riders were considered a
reasonable restriction on this right for public safety.
2.5 Freedom to Reside and Settle in Any Part of the Territory
of India (Article 19(1)(e)):
• Scope: Complements the freedom of movement, allowing
settlement in any part of India.
• Judicial Interpretation: Restrictions can be placed for the
protection of indigenous tribes and the public interest.
2.6 
Freedom to Practice any Profession or Carry on any
Occupation, Trade, or Business (Article 19(1)(g)):
• Scope: Includes a wide range of economic activities.
• Judicial Interpretation: In T.M.A. Pai Foundation vs. State
of Karnataka, education was recognised as an occupation.
The state’s power to regulate trades like liquor was affirmed
in Khoday Distilleries vs. State of Karnataka.
3. Reasonable Restrictions and Their Judicial
Interpretations
• General Principles: As per Maneka Gandhi vs. Union of
India, a restriction must be fair, just, and reasonable.
• Specific Grounds for Restrictions:
 Sovereignty and Integrity of India: Protects against
secessionist and anti-national activities.
 Security of the State: In Romesh Thappar vs. State of
Madras, the court differentiated between public order
and security of the state.
 Friendly Relations with Foreign States: Added to
prevent speech that could harm India’s diplomatic
relations.
 Public Order: In Ramji Lal Modi vs. State of Uttar
Pradesh, speech inciting communal disharmony was
restricted.
 Decency or morality: The Supreme Court has evolved
from the Hicklin test to the Community Standards Test
to adjudicate obscenity.
 Contempt of Court: Protection against actions that
lower the authority of the judiciary.
 Defamation: Sections 499 and 500 of the IPC
criminalise defamation, as upheld in Subramanian
Swamy vs. Union of India.
 Incitement to an Offence: Prevents speech that incites
crimes.
4. Special Aspects and Expansions of Article 19:
• Gender Identity and Expression: The National Legal
Services Authority vs. Union of India recognised gender
identity as part of freedom of expression.
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• Right to Internet Access: In recent times, the right to internet
access has been argued as part of Article 19(1)(a), particularly
after the Jammu and Kashmir internet shutdown.
5. Conclusion
• Article 19 stands as a testament to India’s commitment
to civil liberties. Its interpretations and applications have
evolved with societal changes, reflecting the dynamic nature
of constitutional law. This article not only empowers citizens
with fundamental freedoms but also serves as a check on state
power, ensuring a balance between individual rights and the
larger public interest.
Article 20 of the Indian Constitution
Article 20 of the Indian Constitution is a cornerstone in the edifice
of criminal jurisprudence in India, aimed at ensuring fairness and
justice in the legal process. It provides safeguards to individuals
accused of crimes and enshrines principles that are universally
recognized as vital to a fair legal system. Comprising three distinct
clauses, this article collectively guards against certain legislative
and judicial excesses.
Clause (1): Ex-Post Facto Law
The first clause prohibits the state from enacting laws that would
punish individuals for actions that were not criminal at the time
they were committed. This non-retrospectivity of penal laws is a
fundamental aspect of criminal jurisprudence and is crucial for
ensuring justice and fairness.
Landmark Cases and Interpretations
In Kedar Nath v. State of West Bengal (1953), the Supreme
Court held that a law that retroactively increases the punishment
for a crime violates this clause. This judgment underlines the
principle that individuals should have clarity about the legal
consequences of their actions at the time they are undertaken.
In the Rattan Lal v. State of Punjab (1965), the Court
interpreted this provision to mean that only criminal laws are
covered under this clause, not laws related to civil penalties or
other administrative actions.
Clause (2): Protection against Double Jeopardy
This clause is rooted in the common law principle of ‘autrefois
convict’, which prevents an individual from being tried and
punished more than once for the same offense. This principle is
fundamental to justice, as it prevents the state from using its vast
resources to wear down an individual through repeated litigation.
Landmark Cases and Interpretations
The Maqbool Hussain v. State of Bombay (1953) case is a
seminal judgment where the Supreme Court held that the protection
against double jeopardy is only available for judicial proceedings
and not for departmental or administrative proceedings.
In Venkataraman v. Union of India (1954), the Court clarified
that this protection is not absolute and does not apply if the
subsequent trial is for a different offense or if the same act
constitutes two different offenses under distinct provisions of law.
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Clause (3): Protection against Self-Incrimination
This clause safeguards an accused from being compelled to
testify against themselves. This is a principle of natural justice
that recognizes the psychological and moral pressure an accused
might face and seeks to ensure that convictions are not obtained
by coercive means.
Landmark Cases and Interpretations
In Nandini Satpathy v. P.L. Dani (1978), the Supreme Court
expanded the scope of this protection, asserting that it applies not
only to the stage of trial but also during police interrogation.
The Court in Selvi & Ors v. State of Karnataka (2010) held
that narco-analysis, polygraph tests, and brain mapping without
the consent of the accused are unconstitutional, as they amount
to compelled testimony, violating the protection against self-
incrimination.
Amendments and Judicial Reviews
Article 20, since its inception in the Constitution, has remained
untouched by amendments. This constancy underscores the
enduring value placed on the principles it enshrines. The judiciary
has played a crucial role in interpreting and applying these
principles, ensuring that they remain relevant and effective in a
changing societal and legal landscape.
For instance, the judiciary has been instrumental in clarifying the
scope of these protections. The Supreme Court has repeatedly
emphasized that the protection against ex-post facto laws applies
strictly to criminal cases and not to civil penalties or retrospective
taxation laws. Similarly, the ambit of protection against double
jeopardy has been meticulously delineated to ensure that it does
not hinder the course of justice.
In conclusion, Article 20 is a testament to India’s commitment to
upholding fundamental principles of justice in its legal system.
Through its provisions, it offers vital safeguards against arbitrary
and retrospective penal laws, double jeopardy, and coerced self-
incrimination. The interpretations and applications of this article
by the Indian judiciary have not only reinforced its significance
but have also ensured that its protections remain effective and
relevant. This article thus stands as a bulwark in the protection
of individual rights against the potential excesses of state power.
Article 21 of the Indian Constitution
Article 21 of the Indian Constitution is one of the most
comprehensive and dynamic provisions, enshrining the
fundamental right to life and personal liberty. This article has
been interpreted expansively by the judiciary, making it a living
instrument of rights protection in India. Its text reads, “No person
shall be deprived of his life or personal liberty except according
to procedure established by law.”
Evolution and Interpretation
Initially, the scope of Article 21 was seen in a restricted manner.
In the landmark case of A.K. Gopalan v. State of Madras
(1950), the Supreme Court held that the protection under
Article 21 is available only against arbitrary executive action and
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not from arbitrary legislative action. This interpretation changed
dramatically over the years, especially after the Emergency period
in India (1975-1977).
A significant shift occurred with the Maneka Gandhi v. Union of
India (1978) judgment. The Supreme Court, in this case, adopted
a broader interpretation, stating that the ‘procedure established
by law’ must be ‘fair, just, and reasonable,’ and not arbitrary,
fanciful, or oppressive. This interpretation brought the concept of
due process from American jurisprudence into Indian law, albeit
in a slightly different form.
Right to Life
The term ‘life’ in Article 21 does not merely connote physical
existence but includes within its ambit the right to live with
human dignity.
Landmark Judgments and Expansions:
Francis Coralie Mullin v. Administrator, Union Territory of
Delhi (1981): The Court held that the right to life includes the
right to live with human dignity and all that goes along with it.
Olga Tellis v. Bombay Municipal Corporation (1985):
Recognised the right to livelihood as part of the right to life. The
eviction of slum dwellers was challenged in this case, and the
Court held that the right to livelihood is inherent in the right to
life, as no person can live without the means of living, i.e., the
means of livelihood.
Right to Personal Liberty
‘Personal Liberty’ has been given a broad meaning under
Article 21. It includes a variety of rights that go to constitute the
personal liberties of a person.
Key Judgments and Developments
Gobind v. State of Madhya Pradesh (1975): This case marked
the beginning of the recognition of the right to privacy as a part of
personal liberty under Article 21.
Sunil Batra v. Delhi Administration (1978): The Supreme
Court asserted that prisoners also have fundamental rights and are
entitled to protection under Article 21.
Right to Privacy
The right to privacy has been one of the most notable expansions
under Article 21.
Justice K.S. Puttaswamy (Retd.) vs Union of India (2017): The
Supreme Court unanimously affirmed that the right to privacy
is protected under Article 21, declaring it a fundamental right.
This landmark judgment has implications for various aspects
of life, including personal autonomy, sexual orientation, data
protection, etc.
Right to Health
The Supreme Court has held that the right to health is an integral
part of the right to life.
State of Punjab & Ors. v. Mohinder Singh Chawla (1997):
The Court declared that the right to health and medical care is a
fundamental right under Article 21, as it is essential for making
the life of the workman meaningful and purposeful with dignity.
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Right to Clean Environment
In a series of judgments, the Supreme Court has recognised the
right to a clean and healthy environment as a part of the right to
life under Article 21.
Subhash Kumar v. State of Bihar (1991): The Court explicitly
stated that the right to a clean environment is a part of the right to life.
Right to Education
Though initially not explicitly covered under Article 21, the right
to education has been read into this provision.
Unni Krishnan, J.P. v. State of Andhra Pradesh (1993): Here,
the Supreme Court held that the right to education is a part of the
right to life for children aged up to 14 years. This eventually led
to the 86th Amendment Act, 2002, which introduced Article 21A
in the Constitution, making the right to education a fundamental
right for children aged 6 to 14 years.
Right to Information
Linking with the freedom of speech and expression, the right to
information has been considered a part of Article 21.
People’s Union for Civil Liberties v. Union of India (2004):
The Court observed that the right to information is a facet of the
freedom of speech and expression under Article 19(1)(a) of the
Constitution and thereby has a direct correlation with the right to
life and liberty under Article 21.
Right Against Sexual Harassment at Workplace
In Vishakha and others v. State of Rajasthan (1997), the
Supreme Court held that sexual harassment at the workplace
violates the fundamental rights of gender equality and the right to
life and liberty. It laid down guidelines (popularly known as the
‘Vishakha Guidelines’) to be followed at workplaces, which were
later formalised into law.
Right to Food
In a series of judgments related to the right to food, the Supreme
Court has held that this right is integral to the right to life.
People’s Union for Civil Liberties v. Union of India & Others
(2001): In this case, the Supreme Court issued several interim
orders directing the government to implement various schemes
to ensure that the right to food is secured for the most vulnerable
sections of society.
Decriminalisation of Homosexuality
In a historic judgment, Navtej Singh Johar v. Union of India
(2018), the Supreme Court decriminalised homosexuality. The
Court held that Section 377 of the Indian Penal Code, which
criminalised homosexual acts, was unconstitutional to the extent
that it criminalised consensual sexual conduct between adults of
the same sex.
Right to Die with Dignity (Euthanasia)
The Supreme Court, in Common Cause (A Regd. Society) v.
Union of India (2018), recognised the right to die with dignity
as a fundamental right. The Court permitted passive euthanasia
and the execution of living wills, asserting that the right to life
includes the right to die with dignity.
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Right to Internet Access
In Anuradha Bhasin v. Union of India (2020), the Supreme
Court declared access to the Internet a fundamental right under
Article 19(1)(a) of the Constitution and stated that the government
could not arbitrarily curtail it.
Article 21 has evolved from a mere safeguard against arbitrary
deprivation of life and personal liberty to a vibrant and dynamic
instrument of social justice. It has been expansively interpreted
to include a wide array of rights essential for enjoying life with
dignity. The continuous judicial innovation under Article 21
underscores the adaptability of the Indian Constitution to the
changing needs and challenges of society, making it a cornerstone
in the architecture of India’s constitutional democracy.
Article 22
Article 22 of the Indian Constitution is a vital provision that
balances individual rights against the requirements of state
security and public order. It provides safeguards against arbitrary
arrest and detention, including preventive detention. This article
forms a fundamental aspect of the legal framework in India
concerning the deprivation of personal liberty.
Context and Significance
The inclusion of Article 22 in the Constitution reflects the intention
to ensure that the power of arrest and detention is not misused,
a concern deeply rooted in the colonial experience of arbitrary
detention by the British regime. It provides for procedural
safeguards and ensures a fair process for individuals subjected to
arrest or detention.
Protection in Ordinary Cases of Arrest (Clauses 1 and 2)
Right to be Informed and Right to Counsel (Clause 1): This
clause mandates that any person who is arrested must be informed
of the grounds of arrest and must have the right to consult a
lawyer of their choice. This provision is crucial for ensuring that
arrests are not made arbitrarily and that the arrested individual
understands the accusations against them.
Production Before a Magistrate (Clause 2): It requires that
every individual who is arrested and detained in custody must
be produced before the nearest magistrate within 24 hours of the
arrest. This time limit excludes the time necessary for the journey
from the place of arrest to the magistrate’s court. The purpose of
this provision is to prevent illegal detention and to ensure judicial
oversight over the arrest process.
Judicial Interpretations
In D.K. Basu vs State of West Bengal (1997), the Supreme Court
issued guidelines to prevent torture and death in police custody,
emphasising the importance of these rights. The judgment
mandated clear and precise communication of the grounds of
arrest and the importance of legal representation for the arrested
person.
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Preventive Detention (Clauses 4 to 7)
Preventive detention, a contentious aspect of Article 22, is a
measure that allows for the detention of individuals without trial,
primarily to prevent them from committing future crimes.
Duration of Detention (Clause 4): Preventive detention cannot
exceed three months unless an Advisory Board, constituted by
members qualified to be appointed as High Court judges, reports
sufficient cause for extended detention. The clause intends to
provide a check against arbitrary and prolonged detention without
judicial review.
Communication of Grounds (Clause 5): The detaining authority
must communicate the grounds of detention to the detained
individual. However, it allows for certain facts to be withheld if
it’s in the public interest. This clause seeks to balance individual
rights with public welfare.
Representation Against Detention (Clause 6): This clause
grants the detained individual the right to make a representation
against the detention order, ensuring a mechanism for challenging
the detention.
Parliamentary Regulation of Detention (Clause 7): It empowers
the Parliament to prescribe the procedure for preventive detention
beyond three months and delineate the maximum period of
such detention. This provides a legislative check on preventive
detention.
Key Judicial Interpretations
The Supreme Court, in cases like A.K. Roy v. Union of India
(1982), has upheld the constitutionality of preventive detention
laws, such as the National Security Act, while emphasising the
need to balance these laws with individual freedoms.
The Court has reiterated that preventive detention is a serious
infringement of personal liberty, and such laws must be strictly
construed and meticulously followed.
Amendments and Legislative Impact
The 44th Amendment Act of 1978 introduced changes that
required preventive detention laws to be in accordance with the
provisions of Article 22.
This amendment reflected the realisation of the potential for
abuse in preventive detention and was an effort to strengthen the
safeguards against such abuse.
Criticisms and Debates
Article 22 has been subject to criticism and debate, primarily
concerning preventive detention. Critics argue that preventive
detention is antithetical to democratic principles and individual
rights. They contend that such a system allows for detention based
on mere suspicion or potential future actions, which goes against
the principles of justice and fairness.
International Context
In the international context, preventive detention as provided
under Article 22 has often been scrutinised. International human
rights bodies have raised concerns regarding its compatibility
with international human rights standards, particularly regarding
arbitrary detention.
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Conclusion
Article 22 of the Indian Constitution is a complex provision that
seeks to balance individual rights with the state’s responsibility to
maintain public order and security. While it provides important
safeguards against arbitrary arrest and detention, the provision
for preventive detention continues to be a subject of considerable
debate. The judiciary, through various landmark judgments, has
played a crucial role in interpreting and enforcing the provisions
of Article 22, ensuring that they conform to the broader
constitutional mandate of protecting individual liberty and rights.
The evolving nature of this article’s interpretation highlights the
dynamic interplay between law, society, and individual rights in
India’s constitutional democracy.
Article 23
Article 23 of the Indian Constitution is a critical provision in the
context of fundamental rights, as it addresses the prohibition of
traffic in human beings, begar (forced labour), and other similar
forms of forced labour. This article, situated within the broader
spectrum of rights aimed at ensuring dignity and the prohibition
of exploitation, carries profound implications for social justice
and human rights in India.
Context and Significance
Article 23 is rooted in the historical context of India, where
practices like bonded labour and human trafficking have been
prevalent. It embodies the constitutional vision to ensure dignity
for every individual and to eliminate practices that are exploitative
and degrading.
Prohibition of Traffic in Human Beings and Forced
Labour (Clause 1)
The first clause of Article 23 prohibits traffic in human beings
and begar, as well as other similar forms of forced labour. This
encompasses a wide range of exploitative practices:
Traffic in Human Beings: This includes the sale and purchase
of human beings, often for the purpose of sexual exploitation,
slavery, or other forms of servitude. It recognizes the dignity of
the individual and prohibits any transaction that treats a human
being as a commodity.
Forced Labor: The term ‘forced labour’ is interpreted broadly to
mean any labour or service that is exacted from any person under
the threat of any penalty and for which the person has not offered
himself voluntarily. It extends beyond just physical coercion and
includes situations where individuals are compelled to work due
to economic circumstances.
Judicial Interpretations
In People’s Union for Democratic Rights vs Union of India
(1982), the Supreme Court expanded the interpretation of forced
labour to include instances where workers were paid less than
the minimum wage. This case was significant in that it linked
economic exploitation with the concept of forced labour.
The Court has also held in various judgments that the mere
enactment of laws against forced labour does not absolve the State
of its responsibility to ensure that these practices do not occur.
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State’s Right to Impose Compulsory Service for Public
Purposes (Clause 2):
Clause 2 of Article 23 provides an exception to the prohibition of
forced labor. It allows the State to impose compulsory service for
public purposes (e.g., military conscription, jury duty) provided
there is no discrimination on grounds of religion, race, caste,
class, or any of them.
Legislative Measures and Impact
The Bonded Labour System (Abolition) Act, 1976: Enacted to
abolish the bonded labor system, this law was a direct outcome of
the constitutional mandate under Article 23.
The Immoral Traffic (Prevention) Act, 1956: This Act, aimed at
preventing trafficking for commercial sexual exploitation, is also
rooted in the principles enshrined in Article 23.
Child Labour (Prohibition and Regulation) Act, 1986: This
legislation, which prohibits the engagement of children in
certain types of employment, is in consonance with Article 23’s
provisions against forced labour.
International Context and Conventions
Article 23 aligns with various international human rights
instruments. India is a signatory to the International Covenant
on Civil and Political Rights (ICCPR), which prohibits slavery
and forced labour. Article 23 reinforces these international
commitments at the national level.
Expanding Dimensions and Recent Developments:
Over the years, the interpretation of Article 23 has expanded to
address contemporary forms of exploitation, such as trafficking
for organ trade and new forms of bonded labour. The judiciary has
played a critical role in ensuring that the constitutional mandate
of this article keeps pace with changing societal conditions and
challenges.
Critiques and Challenges
Despite the constitutional prohibition, challenges in the effective
implementation of laws against human trafficking and forced
labour remain. Issues like poverty, lack of awareness, and
inadequate enforcement mechanisms often hinder the realisation
of the ideals envisioned in Article 23.
Conclusion
In summary, Article 23 of the Indian Constitution is a testament to
India’s commitment to eradicating forms of human exploitation.
It not only prohibits traditional practices of human trafficking and
forced labour but also addresses modern forms of exploitation.
The expansive interpretation by the judiciary has played a
crucial role in ensuring that the spirit of the article is applied to
a range of exploitative practices, making it an essential tool for
protecting human dignity and promoting social justice in India.
The challenges in its implementation notwithstanding, Article 23
remains a beacon of hope for those suffering from exploitation
and a guiding principle for the state and civil society in their
efforts to eliminate such practices.
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Article 24
Article 24 of the Indian Constitution holds a critical position in
safeguarding the rights and welfare of children in India. As part of
the Fundamental Rights in Part III of the Constitution, it provides
a robust legal framework against child labour. The article states:
“No child below the age of fourteen years shall be employed to
work in any factory or mine or engaged in any other hazardous
employment.” This provision is both a reflection of India’s
commitment to child welfare and a response to historical and
ongoing challenges related to child labour.
Historical Context and Rationale
The inclusion of Article 24 in the Constitution was driven by the
harsh realities of child labour prevalent in pre-independence India.
Children were often employed under exploitative conditions,
particularly in hazardous industries. Recognising this, the
framers of the Constitution sought to address and prevent child
exploitation through this specific legal provision.
Legal Provisions and Scope
Article 24 explicitly prohibits the employment of children below
14 years in factories, mines, or any hazardous work, a term
generally understood to mean occupations potentially harmful to
a child’s physical, mental, or moral well-being.
Landmark Judicial Interpretations
1. M.C. Mehta vs State of Tamil Nadu (1996): A landmark
judgment where the Supreme Court not only reinforced the
prohibition of child labour in hazardous industries but also
mandated policies for child rehabilitation and education.
2. People’s Union for Democratic Rights vs Union of India
(1982): This case brought to light violations of labour
laws, including child labour, in the construction industry,
emphasising the need for stringent enforcement of Article 24.
Legislative Developments
1. The Factories Act, 1948: Prohibits child labour in factories
and sets conditions for employment of older children.
2. The Mines Act, 1952: Bars the employment of children
below 18 in mines.
3. The Child Labour (Prohibition and Regulation) Act,
1986: Directly influenced by Article 24, this Act bans child
labour in certain hazardous occupations and conditions.
Challenges and Implementation
Despite robust legal provisions, the enforcement of Article 24
encounters challenges, including socio-economic factors like
poverty, widespread informal sector employment, and gaps in law
enforcement.
Recent Developments
1. 2016 Amendment to Child Labour Act: Introduced stricter
penalties for child labor and allowed children to work in
non-hazardous family businesses post-school hours.
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 2. National Child Labour Project (NCLP): Focuses on
rehabilitating child labourers through education and
vocational training.
Global Context
Article 24 aligns with international conventions like the UNCRC
and ILO standards, showcasing India’s global commitment to
child rights.
Conclusion
Article 24 is an important legal provision aimed at protecting
children from exploitation in hazardous work. Its effectiveness
hinges on effective enforcement and broader socio-economic
reforms. The ongoing legislative and judicial efforts, complemented
by educational initiatives and societal change, are crucial for the
realisation of the rights and welfare of children in India.
Article 25: An insight
Article 25 of the Indian Constitution is a cornerstone in the
architecture of India’s constitutional democracy, exemplifying
the nation’s commitment to a secular and pluralistic society. This
article, under the umbrella of the right to freedom, encapsulates
the freedom of conscience and the freedom to profess, practice,
and propagate religion. Its implications are far-reaching, affecting
the legal, social, and political landscapes of India.
Background and Context
The framers of the Constitution, in the aftermath of India’s
independence, were acutely aware of the diverse religious fabric
of the country. In light of this diversity, they sought to ensure that
the state would not privilege any religion over others and that
individuals would have the freedom to practice their religion of
choice. This commitment is enshrined in Article 25, which forms
part of the fundamental rights guaranteed by the Constitution.
Key Provisions of Article 25
1. Freedom to Practice and Propagate Religion: The
foremost aspect of Article 25 is the freedom it guarantees
to every individual to profess, practice, and propagate
their religion. This provision is a testament to the secular
credentials of the Indian state, ensuring that individuals have
the liberty to follow and spread their religious beliefs.
2. State Regulation: While guaranteeing religious freedom,
Article 25 also allows the state to regulate these activities
on the grounds of public order, morality, and health. This
clause is crucial in ensuring that religious practices do not
undermine the essential values of a cohesive society.
3. Social Reform: The article empowers the state to make laws
providing for social welfare and reform, even if such laws
might impose restrictions on religious practices. This aspect
has been pivotal in state intervention for abolishing practices
considered regressive or discriminatory.
4. Religious Denominations: Religious denominations or their
sections have the freedom to manage their own affairs in
matters of religion. This includes the right to establish and
maintain institutions for religious and charitable purposes.
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Amendments and Judicial Interpretations
Article 25 has not been directly amended since its inception.
However, its interpretation by the judiciary, particularly the
Supreme Court of India, has been pivotal in defining its scope and
limitations.
Landmark Cases and Judicial Developments
1. Shirur Mutt Case (1954): In this landmark judgment, the
Supreme Court interpreted the scope of religious freedom.
It held that the term “religion” will cover all rituals and
practices “integral” to a religion, and it is the religion itself
which will determine what practices are integral to it.
2. Sarla Mudgal Case (1995): This case highlighted the
conflict between the right to freedom of religion and the
enforcement of uniform civil codes. The Supreme Court
observed that no person can adopt a second religion just for
the sake of solemnizing a second marriage.
3. Sabarimala Case (2018): This case was a watershed moment
in the interpretation of Article 25. The Supreme Court
allowed the entry of women of all ages into the Sabarimala
temple, highlighting the primacy of the fundamental rights
of equality and non-discrimination over religious practices.
4. Triple Talaq Case (2017): Here, the Supreme Court struck
down the practice of instant triple talaq (talaq-e-biddat)
among Muslims as unconstitutional. The judgment was
significant for upholding the rights of Muslim women
and striking a balance between religious freedom and
constitutional rights.
Analysis and Implications
The judicial interpretations of Article 25 have often been a
tightrope walk between respecting religious autonomy and
enforcing constitutional morality and rights. The courts have
consistently held that secular activities associated with religious
practices can be regulated by the state. This approach has enabled
social reform while respecting religious sentiments to a large
extent.
However, the application of Article 25 is not without controversy.
The balance between the right to practice one’s religion and the
state’s duty to ensure social welfare and reform has led to complex
legal and ethical dilemmas. The tension between community
rights and individual rights under the ambit of religious freedom
remains an ongoing debate.
Conclusion
In over seven decades since its inception, Article 25 has
evolved from a mere constitutional provision to a dynamic and
interpretative tool shaping India’s religious and secular ethos.
It stands not just as a testament to the country’s commitment to
religious freedom but also as a mechanism to ensure that such
freedom does not override other fundamental rights and societal
interests. The evolution of jurisprudence surrounding Article
25 reflects the changing societal values and is indicative of the
judiciary’s role in upholding the constitutional mandate. As India
continues to evolve, the interpretation and application of Article
25 will play a crucial role in balancing religious freedoms with the
overarching goal of a progressive and inclusive society.
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Article 26: An Analysis
Article 26 of the Indian Constitution is a fundamental provision
that guarantees freedom to manage religious affairs. It is integral
to India’s constitutional framework and reflects the nation’s
commitment to secularism and religious freedom. This article
specifically addresses the rights of religious denominations and
is essential for understanding how India negotiates the complex
interplay between religion and law.
Historical Context
The formulation of Article 26 must be viewed in the context of
India’s historical and cultural diversity. The country’s colonial
past and the partition at independence highlighted the need for
a constitutional framework that could accommodate its diverse
religious practices while ensuring harmony and coexistence.
This context influenced the inclusion of specific protections for
religious denominations in the Constitution.
Provisions of Article 26
Article 26 consists of four clauses, each addressing different
aspects of religious freedom for denominations:
1. Establishment of Institutions: Religious denominations
have the right to establish and maintain institutions for
religious and charitable purposes. This provision safeguards
the autonomy of religious groups in creating and maintaining
their places of worship and educational institutions.
2. Management of Religious Affairs: Denominations can
manage their own affairs in matters of religion. This clause
underlines the principle of non-interference by the state in
the internal religious affairs of a denomination.
3. Ownership of Property: Denominations are entitled to own
and acquire movable and immovable property. This right
ensures the financial and operational stability of religious
institutions.
4. Administration of Property: They can administer such
property in accordance with the law. While providing
autonomy, this clause also mandates adherence to legal
frameworks in property administration.
Judicial Interpretations and Landmark Cases
The Supreme Court of India has played a crucial role in interpreting
Article 26. Some landmark cases include:
1. The Shirur Mutt Case (1954)
In “The Commissioner, Hindu Religious Endowments,
Madras vs. Sri Lakshmindra Thirtha Swamiar of Sri Shirur
Mutt”, the Supreme Court of India dealt with the definition
and rights of a ‘religious denomination’ under Article 26. This
case was pivotal in establishing the autonomy of religious
groups in managing their own affairs.
Key Points of the Case
 The Court needed to determine whether the Shirur
Mutt, a religious institution, constituted a ‘religious
denomination’.
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The case questioned the extent of state regulation

permissible under Article 26.
Court’s Judgment and Implications:
 The Supreme Court defined ‘religious denomination’ as
a group having a common faith, a common organization,
and a distinctive name.
 It emphasized that religious denominations have the
right to manage their own affairs in matters of religion,
which includes rituals and observances.
 The judgment set a precedent for determining the extent
of autonomy a religious group can have under the Indian
Constitution.
2. S.P. Mittal vs. Union of India (1983)
Case Overview:
This case revolved around the Auroville community and
whether it constituted a religious denomination under
Article 26.
Key Points of the Case:
 The petitioner challenged the Auroville (Emergency
Provisions) Act, 1980, arguing that it violated their
rights under Article 26.
The central question was whether Auroville, an

international community dedicated to human unity and
peace, could be considered a religious denomination.
Court’s Judgment and Implications:
 The Supreme Court held that Auroville did not constitute
a religious denomination as it lacked the distinct
religious structure that characterizes a denomination.
 This case was significant in understanding the scope
of what constitutes a religious denomination under
Article 26.
3. Ratilal Panachand Gandhi vs. The State of Bombay
(1954) Case Overview:
In this case, the Supreme Court examined the rights of
religious denominations concerning the management and
administration of their property.
Key Points of the Case:
 The petitioner challenged the validity of the Bombay
Public Trusts Act, 1950, as it regulated the administration
of religious trusts.
The issue was whether this regulation infringed upon

the rights of religious denominations under Article 26.
Court’s Judgment and Implications:
 The Supreme Court held that while religious
denominations have the right to manage their property,
this right is subject to regulation by the state to ensure
public order, morality, and health.
 This judgment balanced the autonomy of religious
institutions in managing their property with the state’s
role in ensuring these institutions operate within the
legal framework.
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Conclusion
These landmark cases collectively underscore the nuanced
approach of the Indian judiciary in interpreting Article 26. They
highlight the balance between granting autonomy to religious
denominations and ensuring their practices and administrative
decisions adhere to broader legal and social norms. The
interpretations in these cases continue to influence the legal
discourse around religious freedom and the rights of religious
denominations in India.
For more detailed information and analysis on these cases, you
can refer to legal databases and Indian law journals, which
provide comprehensive insights into these judgments and their
implications.
Analysis of Article 26
1. Balancing Religious Autonomy and State Intervention:
The article embodies a delicate balance. While it ensures
religious denominations can freely manage their affairs, it
also allows for state intervention on grounds of public order,
morality, and health.
2. Differentiation from Individual Rights: Article 26 focuses
on the rights of religious denominations, which is distinct
from the individual rights covered under Article 25. This
distinction is vital in a country like India, where individual
and collective aspects of religion interplay complexly.
3. Interplay with Secularism: Article 26 reflects India’s
secular character, where the state neither endorses nor
interferes with religious matters unless necessary for
broader societal interests. The secularism enshrined in the
Constitution through the 42nd Amendment in 1977 reinforces
this approach.
Broader Implications and Challenges
1. Definition of ‘Religious Denomination’: The criteria to
qualify as a religious denomination are critical. It must have a
common faith, a common organization, and a distinctive name.
This definition is crucial for the applicability of Article 26.
2. Autonomy vs. Regulation: The autonomy of religious
denominations in matters of religion and administration of
property is subject to the law. This creates a dynamic where
religious practices and property management must align with
legal standards.
3. Contemporary Challenges: Modern issues, such as
demands for women’s entry into religious places or conflicts
over religious practices, often invoke Article 26. The
judiciary’s role in interpreting and applying this article is
pivotal in these contexts.
Conclusion
Article 26 of the Indian Constitution is a cornerstone in preserving
the religious diversity and secular ethos of India. It provides
religious denominations with the autonomy to manage their
affairs while ensuring these rights are exercised within the legal
framework. The article’s interpretation by the judiciary has been
instrumental in balancing religious autonomy with the broader
12
principles of public order, morality, and health. As Indian society
evolves, the application and interpretation of Article 26 will
continue to play a critical role in shaping the religious and secular
dynamics of the Indian republic.
Article 27 of the Indian Constitution: A Comprehensive
Analysis
Article 27 of the Indian Constitution holds a significant place in
the framework of our fundamental rights. In this comprehensive
note, we will delve into the details of Article 27, its historical
context, landmark case laws, any amendments, and its relevance
in safeguarding the secular and diverse character of India’s
democracy.
Article 27: The Text and Intent
Article 27 of the Indian Constitution is a succinct yet potent
provision:
“No person shall be compelled to pay any taxes, the proceeds of
which are specifically appropriated in payment of expenses for the
promotion or maintenance of any particular religion or religious
denomination.”
The primary intent of Article 27 is to uphold the principles of
secularism and religious freedom enshrined in the Constitution.
It prevents the government from using public funds, collected
through taxation, for the promotion or maintenance of any
particular religion or religious denomination.
Historical Context: Framing the Constitution
To understand the significance of Article 27, we must explore
the historical backdrop in which it was framed. The Indian
Constitution, adopted on January 26, 1950, was a result of years
of deliberation by the Constituent Assembly, chaired by Dr. B.R.
Ambedkar. This period was marked by a profound commitment
to establish a secular and pluralistic nation that would respect the
diversity of its citizens.
Landmark Case Laws and Interpretations
1. The Ismail Faruqui Case (1994): The Ismail Faruqui
case revolved around the acquisition of the Babri Masjid
in Ayodhya. The Supreme Court of India held that the
government’s acquisition of the mosque did not violate
Article 27 since the acquisition was based on public interest
and not for the promotion or maintenance of any particular
religion. However, this case also highlighted the complexities
of balancing secularism with issues related to religious
property.
2. The Kerala Education Bill Case (1958): In this landmark
case, the Supreme Court ruled that a state law that provided
financial aid to educational institutions, including those
run by religious denominations, did not violate Article 27.
The Court held that as long as the aid was provided without
discrimination and for the advancement of education as a
whole, it did not promote any particular religion.
3. The Akhil Bharatiya Soshit Karamchari Sangh (Railway)
Case (1981): This case dealt with the question of whether
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 salaries paid to the staff of a religious institution through
government funds amounted to the promotion of religion.
The Supreme Court held that if the payment was for secular
services rendered by the employees, it did not violate
Article 27.
4. S.P. Mittal vs. Union of India (1983): In this case, the
Supreme Court upheld the constitutionality of the state
funding Haj pilgrimage. The Court reasoned that it was done
to promote the secular ideal of the country by ensuring that
the minority community has the means to fulfil their religious
obligation.
These cases illustrate that Article 27 has been instrumental in
preventing the government from using taxpayer money to promote
or maintain any specific religion or religious denomination while
also allowing for the secular administration of various public
functions.
Amendments and Evolving Interpretations
Article 27 itself has not undergone any amendments since the
adoption of the Constitution. However, its interpretations have
evolved over time in response to changing societal norms and
legal developments.
Uniform Civil Code: The idea of a Uniform Civil Code, which
would replace personal laws based on religion with a common set
of laws applicable to all citizens, has been a topic of discussion
in India. Proponents argue that such a code would align with the
secular principles of the Constitution by ensuring uniformity in
civil matters. However, this proposal has faced opposition and
remains a subject of debate.
Government Funding for Religious Events: The use of public
funds for religious events and festivals has been a subject of
debate in India. While Article 27 prohibits the promotion of
any particular religion, questions arise when governments
provide financial support for religious festivals or pilgrimages.
Courts have generally allowed such funding when it is aimed
at promoting tourism, culture, or historical heritage rather than
religious propagation.
Religious Endowments and Management: Disputes related
to the management of religious institutions and their financial
resources have been subject to legal scrutiny. Courts have upheld
the secular administration of these resources, ensuring that they
are used for the benefit of the institution and its followers rather
than for the promotion of religion.
Relevance in Safeguarding Secularism
Article 27 is pivotal in safeguarding the secular character of
India’s democracy. India is a diverse nation with a rich tapestry
of religions and beliefs. To maintain social harmony and ensure
equal treatment for all citizens, it is essential that public funds are
not used to promote any particular religion or denomination.
1. Preventing Religious Discrimination: Article 27 prevents
the government from engaging in religious discrimination
by ensuring that taxpayer money is not used to favour one
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religion over others. This is in line with the principle of equal
protection under the law.
2. Fostering Religious Pluralism: By prohibiting the use of
public funds for religious purposes, Article 27 contributes
to the preservation of India’s religious pluralism. It allows
individuals to practice their faith freely without government
interference.
3. Protecting Minority Rights: Article 27 is particularly
crucial in protecting the rights of religious minorities in India.
It ensures that their tax contributions are not used to promote
the majority religion, thereby upholding the principles of
minority rights and religious freedom.
4. Maintaining State Neutrality: The provision reinforces the
concept of state neutrality in matters of religion. It underlines
the principle that the government should not align itself with
any religious group and should treat all religions and beliefs
equally.
In conclusion, Article 27 of the Indian Constitution is a vital
safeguard against the use of public funds for the promotion or
maintenance of any particular religion or religious denomination.
Its historical context, landmark case laws, and evolving
interpretations highlight its enduring significance in upholding
the secular and diverse character of India’s democracy. As India
continues to evolve, Article 27 remains a cornerstone of its
commitment to religious freedom, equality, and secularism.
Article 28 of the Indian Constitution: A Detailed Analysis
Article 28 of the Indian Constitution is a pivotal provision
that deals with religious instructions and religious worship in
educational institutions. In this comprehensive note, we will
delve into the details of Article 28, its historical context, landmark
case laws, any amendments, and its significance in upholding the
principles of secularism and religious freedom in India.
Article 28: The Text and Intent
Article 28 of the Indian Constitution consists of three clauses
that address different aspects of religious practices in educational
institutions:
Clause (1): “No religious instruction shall be provided in any
educational institution wholly maintained out of state funds.”
This clause explicitly prohibits the provision of religious
instruction in educational institutions that are entirely funded by
the state. The intent is to ensure that taxpayer money is not used
for religious instruction.
Clause (2): “No educational institution recognised by the state or
receiving aid out of state funds shall impart religious instruction
or provide religious worship in any manner without the prior
consent of those who are undergoing such instruction or are part
of such worship.”
Clause (2) allows for religious instruction or worship in educational
institutions that receive recognition from the state or financial
aid from it. However, such instruction or worship is permissible
only with the prior consent of the individuals involved, including
students and their guardians.
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Clause (3): “No person attending any educational institution
recognized by the State or receiving aid out of State funds shall
be required to take part in any religious instruction that may be
imparted in such institution or to attend any religious worship that
may be conducted in it or in any premises attached to it unless
such person or, if such person is a minor, his guardian has given
his consent thereto.”
Clause (3) ensures that individuals, including students and their
guardians, have the freedom to choose whether to participate
in religious instruction or worship in educational institutions
recognised by the state or receive state aid. No one can be
compelled to partake in such activities against their will.
Historical Context: Framing the Constitution
To understand the significance of Article 28, we must consider the
historical context in which the Indian Constitution was framed.
The Constituent Assembly, chaired by Dr. B.R. Ambedkar,
was tasked with creating a democratic framework for a diverse
nation with various religious and cultural traditions. The framers
were committed to establishing a secular state that respected the
freedom of religion and belief.
Landmark Case Laws and Interpretations
1. D.A.V. College vs. State of Punjab (1971): In this case,
the Supreme Court of India held that even though D.A.V.
College was receiving financial aid from the state, it could
not be considered a “state” for the purposes of Part III of
the Constitution (which deals with fundamental rights).
Therefore, Article 28(3) was not applicable, and the
institution was allowed to impose compulsory religious
instruction on students.
2. T.M.A. Pai Foundation vs. State of Karnataka (2002):
This landmark case dealt with the issue of religious and
linguistic minorities’ right to establish and administer
educational institutions of their choice. While not directly
related to Article 28, it reinforced the principles of autonomy
for religious and linguistic minority institutions in managing
their affairs, including imparting religious instruction.
3. Unni Krishnan vs. State of Andhra Pradesh (1993): This
case clarified that religious instruction, if provided in a
minority institution, should not be coercive or forced upon
students. Consent must be obtained from students or their
guardians, as mandated by Article 28(3).
These cases underscore the importance of obtaining consent
for religious instruction or worship in educational institutions,
particularly in minority institutions, and emphasise the principles
of autonomy and freedom of choice.
Amendments and Evolving Interpretations
Article 28 of the Indian Constitution has not undergone any formal
amendments since its adoption. However, its interpretations have
evolved over time in response to changing societal norms and
legal developments.
1. Protection of Minority Rights: The evolving interpretations
of Article 28 have reinforced the protection of minority
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rights, especially in the context of religious and linguistic
minority educational institutions. These institutions have
the autonomy to decide their educational policies, including
religious instruction.
2. Consent and Freedom of Choice: The emphasis on
obtaining consent from students or their guardians for
religious instruction or worship has been strengthened over
the years, reflecting a commitment to safeguarding individual
freedom of choice in matters of religion.
3. Balancing Secularism and Religious Freedom: Article 28
plays a crucial role in balancing secularism with religious
freedom in educational institutions. It ensures that while
institutions can provide religious instruction or worship,
they cannot impose it on individuals who do not wish to
participate.
Significance in Upholding Secularism and Religious
Freedom
Article 28 is of paramount significance in upholding the principles
of secularism and religious freedom in India. It serves several
critical purposes:
1. Preventing Coercion: Clause (3) ensures that no one can be
forced or coerced into participating in religious instruction or
worship in educational institutions. This upholds the principle
of freedom of conscience and belief.
2. Respecting Autonomy: Article 28 respects the autonomy
of educational institutions, particularly minority institutions,
in managing their affairs, including decisions related to
religious instruction or worship.
3. Promoting Diversity: By allowing religious instruction or
worship with consent, Article 28 acknowledges and respects
the diverse religious and cultural traditions in India. It strikes
a balance between secularism and religious plurality.
4. Protecting State Funds: Clause (1) prevents the use of
state funds for religious instruction, ensuring that taxpayer
money is not utilised to promote any religion or religious
denomination.
5. Individual Choice: Article 28 respects the individual’s right
to choose whether or not to participate in religious activities,
even within educational institutions.
In conclusion, Article 28 of the Indian Constitution is a
cornerstone of the country’s commitment to secularism and
religious freedom. Its historical context, landmark case laws, and
evolving interpretations highlight its enduring significance in
upholding these vital principles in the realm of education. As India
continues to evolve, Article 28 remains a fundamental element of
its democratic framework, ensuring that educational institutions
respect the diverse religious beliefs and choices of their students
and stakeholders.
Article 29 of the Indian Constitution: A Comprehensive
Analysis
Article 29 of the Indian Constitution is a vital provision that
safeguards the educational and cultural rights of minorities. In
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this detailed note, we will delve into the intricacies of Article 29,
its historical context, landmark case laws, any amendments, and
its significance in protecting the rights of minority communities
in India.
Article 29: The Text and Intent
Article 29 of the Indian Constitution outlines the educational and
cultural rights of minorities:
1. Protection of interests of minorities: “Any section of the
citizens residing in the territory of India or any part thereof
having a distinct language, script, or culture of its own shall
have the right to conserve the same.”
2. Admission to educational institutions: “No citizen shall be
denied admission into any educational institution maintained
by the State or receiving aid out of State funds on grounds
only of religion, race, caste, language, or any of them.”
The primary intent of Article 29 is to protect the cultural and
educational rights of minority communities. It recognises the
diversity of India and aims to ensure that minority groups are not
denied the opportunity to conserve their distinct language, script,
or culture. Additionally, it prohibits discrimination in admission to
educational institutions based on religion, race, caste, or language.
Historical Context: Framing the Constitution
Understanding the historical context in which the Indian
Constitution was framed is essential to appreciating the significance
of Article 29. The Constituent Assembly, chaired by Dr. B.R.
Ambedkar, was tasked with creating a democratic framework for
a diverse nation with various religious, linguistic, and cultural
traditions. The framers aimed to establish a just and inclusive
society that respected the rights of minority communities.
Landmark Case Laws and Interpretations
1. T.M.A. Pai Foundation vs. State of Karnataka (2002):
Although not directly related to Article 29, this landmark
case emphasised the autonomy of minority educational
institutions in managing their affairs, including admission
policies. It highlighted the need to balance the rights of
minority institutions with the state’s regulatory authority.
2. Ahmedabad St. Xavier’s College Society vs. State of
Gujarat (1974): In this case, the Supreme Court of India
held that linguistic and religious minorities have the right
to establish and administer educational institutions of their
choice under Article 30, which is closely related to Article 29.
The decision reaffirmed the protection of minority rights.
3. Mohini Jain vs. State of Karnataka (1992): This case
highlighted the importance of equal access to educational
institutions for all citizens, irrespective of their economic or
social background. While not directly related to Article 29, it
underscored the broader principles of equality in education.
Amendments and Evolving Interpretations
Article 29 of the Indian Constitution has not undergone any formal
amendments since its adoption. However, its interpretations have
evolved over time in response to changing societal norms and
legal developments.
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1. Protection of Minority Languages: The preservation of
minority languages and scripts is a key aspect of Article 29.
It has been invoked in cases where the government attempted
to impose the majority language on minority communities,
ensuring that they have the right to conserve their linguistic
heritage.
2. Equal Access to Education: While Article 29(2) primarily
deals with admission to educational institutions, it also
upholds the principle of equal access to education for
all citizens. This ensures that individuals are not denied
educational opportunities based on discriminatory grounds.
3. Balancing Autonomy and Regulation: The interpretation
of Article 29 has evolved to strike a balance between the
autonomy of minority institutions in preserving their culture
and language and the state’s role in regulating educational
standards and access.
Significance in Protecting Minority Rights
Article 29 plays a pivotal role in protecting the rights of minority
communities in India. It serves several essential purposes:
1. Preservation of Culture and Language: Article 29(1)
safeguards the cultural and linguistic diversity of minority
communities by granting them the right to conserve their
distinct language, script, or culture. This protection is crucial
for the preservation of India’s rich cultural tapestry.
2. Equal Access to Education: Article 29(2) ensures that
minority students are not denied admission to educational
institutions on the basis of religion, race, caste, language,
or any other discriminatory criteria. It promotes inclusivity
and equal access to education.
3. Autonomy of Minority Institutions: The constitutional
recognition of the rights of minority institutions to establish
and administer educational institutions of their choice is
closely related to Article 29. It affirms their autonomy in
shaping the educational experience while adhering to certain
regulatory standards.
4. Promotion of Social Cohesion: By protecting the cultural
and educational rights of minorities, Article 29 contributes to
social cohesion and harmony in India. It encourages mutual
respect for different cultural and linguistic groups.
5. Ensuring Minority Participation: Article 29 fosters
the active participation of minority communities in the
educational and cultural life of the nation, ensuring that their
voices and contributions are valued and respected.
In conclusion, Article 29 of the Indian Constitution is a
cornerstone of the country’s commitment to protecting the rights
of minority communities, preserving cultural and linguistic
diversity, and ensuring equal access to education. Its historical
context, landmark case laws, and evolving interpretations
underscore its enduring significance in upholding the principles
of diversity, inclusion, and social justice in India. As the nation
continues to evolve, Article 29 remains a fundamental element of
its democratic framework, promoting the rights and aspirations of
minority communities.
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Article 30 of the Indian Constitution: A Comprehensive
Analysis
Article 30 of the Indian Constitution is a crucial provision that
safeguards the educational and cultural rights of religious and
linguistic minorities. In this detailed note, we will delve into the
intricacies of Article 30, its historical context, landmark case laws,
any amendments, and its significance in preserving the autonomy
of minority educational institutions in India.
Article 30: The Text and Intent
Article 30 of the Indian Constitution lays down the following
provisions:
Establishment and Administration of Educational Institutions:
“All minorities, whether based on religion or language, shall have
the right to establish and administer educational institutions of
their choice.”
Protection from Discrimination: “In granting aid to educational
institutions, the State shall not discriminate against any educational
institution on the ground that it is under the management of a
minority, whether based on religion or language.”
Article 30 primarily aims to protect the educational and cultural
autonomy of minority communities in India. It grants them the
right to establish and administer educational institutions of their
choice without discrimination, ensuring that their distinct identity
and traditions are preserved.
Historical Context: Framing the Constitution
Understanding the historical context in which the Indian
Constitution was framed is essential to appreciating the significance
of Article 30. The Constituent Assembly, chaired by Dr. B.R.
Ambedkar, was tasked with creating a democratic framework for
a diverse nation with various religious, linguistic, and cultural
traditions. The framers aimed to establish a just and inclusive
society that respected the rights of minority communities.
Landmark Case Laws and Interpretations
1. Ahmedabad St. Xavier’s College Society vs. State of
Gujarat (1974): This landmark case emphasised the
autonomy of minority educational institutions in managing
their affairs, including admission policies. It highlighted the
need to balance the rights of minority institutions with the
state’s regulatory authority.
2. T.M.A. Pai Foundation vs. State of Karnataka (2002):
Although not directly related to Article 30, this case
underscored the autonomy of minority institutions and their
right to establish and administer educational institutions as
guaranteed by the Constitution.
3. St. Stephen’s College vs. University of Delhi (1991): This
case highlighted the importance of maintaining the character
and autonomy of minority educational institutions. It upheld
the rights of minority institutions to have their own admission
criteria to preserve their unique identity and culture.
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Amendments and Evolving Interpretations
Article 30 of the Indian Constitution has not undergone any formal
amendments since its adoption. However, its interpretations have
evolved over time in response to changing societal norms and
legal developments.
1. Preservation of Cultural and Linguistic Identity: Article
30 continues to play a crucial role in preserving the cultural
and linguistic identity of minority communities. It allows
them to establish and administer educational institutions that
reflect their unique heritage and traditions.
2. Autonomy and Regulatory Framework: The interpretation
of Article 30 has evolved to strike a balance between
the autonomy of minority institutions and the regulatory
authority of the state. It ensures that while minority
institutions have the freedom to manage their affairs, they
must adhere to certain educational standards and norms.
3. Protection from Discrimination: Article 30 ensures that
minority educational institutions are not discriminated
against when it comes to state aid or recognition. They should
receive equal treatment and financial support from the state
without any bias.
Significance in Preserving Minority Autonomy
Article 30 plays a pivotal role in preserving the autonomy of
minority educational institutions in India. It serves several
essential purposes:
1. Preservation of Cultural and Religious Identity: Article
30 grants religious and linguistic minorities the right to
establish and manage educational institutions that reflect
their cultural and religious identity. This ensures that their
distinct traditions and values are upheld.
2. Promotion of Educational Excellence: Minority institutions
often contribute to the overall educational landscape by
providing high-quality education. Article 30 empowers them
to excel and maintain their unique educational approaches.
3. Autonomy and Decision-Making: Minority institutions
have the autonomy to make decisions related to admission,
curriculum, and administration, allowing them to align their
educational goals with their cultural and religious values.
4. Protection from Discrimination: Article 30 protects
minority institutions from discrimination by the state in
matters of aid, recognition, and regulation. It ensures that
they receive equal treatment and support.
5. Diversity and Pluralism: The existence of minority
educational institutions contributes to the diversity and
pluralism of India’s education system, fostering an inclusive
and multicultural society.
In conclusion, Article 30 of the Indian Constitution is a cornerstone
of the country’s commitment to preserving the autonomy and
cultural identity of religious and linguistic minority communities.
Its historical context, landmark case laws, and evolving
interpretations underscore its enduring significance in upholding
the principles of diversity, inclusion, and social justice in India. As
the nation continues to evolve, Article 30 remains a fundamental
element of its democratic framework, promoting the rights and
aspirations of minority communities in the field of education.
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Article 31 of the Indian Constitution: A Comprehensive
Analysis
Article 31 of the Indian Constitution, which dealt with the right to
property, underwent significant changes through amendments and
was ultimately repealed. In this comprehensive note, we will delve
into the details of the original Article 31, its historical context,
amendments, landmark case laws, and its eventual removal from
the Constitution.
Article 31(1): The Original Text and Intent
The original Article 31(1) of the Indian Constitution stated:
“No person shall be deprived of his property except by authority
of law.”
The primary intent of Article 31(1) was to protect the fundamental
right to property. It ensured that no individual could be deprived
of their property except through a legal process established by
law.
Historical Context: Framing the Constitution
The framers of the Indian Constitution faced the challenge of
striking a balance between individual property rights and the
need for land reforms and social justice. The historical context
included the struggle for independence, agrarian issues, and the
need to address economic disparities.
Amendments and Evolution of Article 31
Article 31 underwent several amendments to address the evolving
needs of the nation:
1. First Amendment (1951): The First Amendment introduced
significant changes to Article 31. It added sub-clauses (a) to
(c) to Article 31(2), which allowed the government to acquire
property for public purposes and imposed limitations on
compensation. This amendment aimed to enable land reforms
and social justice measures.
2. Fourth Amendment (1955): The Fourth Amendment further
modified Article 31(2) to expand the scope of public purposes
for which property could be acquired. It also introduced
sub-clauses (aa) and (ab) to provide for compensation to be
determined by law.
3. Seventh Amendment (1956): The Seventh Amendment
made further changes to Article 31(2) to facilitate
land reforms and the abolition of zamindari systems.
It expanded the definitions of “estate” and “ceiling on
agricultural land.”
4. Seventeenth Amendment (1964): The Seventeenth
Amendment expanded the scope of Article 31A to include
laws related to the acquisition of estates, rights, or interests
in land by the state for public purposes.
5. The Twenty-Fourth-Fourthent (1971): The Twenty-Fourth
Amendment was a landmark amendment that sought to
nullify the right to property as a fundamental right. It added
Article 300A, which stated that no person shall be deprived
of his property save by authority of law, essentially moving
the right to property from a fundamental right to a legal right.
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Landmark Case Laws and Interpretations
1. Golaknath vs. State of Punjab (1967): In this case, the
Supreme Court held that Parliament could not amend
fundamental rights. However, this decision was later
overruled by the Keshavananda Bharati case.
2. Keshavananda Bharati vs. State of Kerala (1973): In this
historic case, the Supreme Court held that while Parliament
had the power to amend the Constitution, it could not alter
its basic structure, which included fundamental rights. This
decision affirmed the fundamental nature of property rights.
3. Kesavananda Bharati Case: Post-Judgement Review:
After the Keshavananda Bharati case, several review
petitions were filed. In 1976, a larger bench of the Supreme
Court upheld the basic structure doctrine, confirming the
fundamental nature of property rights.
Repeal of Article 31: The Forty-Fourth Amendment (1978)
The right to property as a fundamental right was eventually
removed from the Indian Constitution through the Forty-Fourth
Amendment Act, 1978. Article 31 was repealed, and Article 300A
was retained to safeguard property rights as a legal right rather
than a fundamental right.
The Significance of Repealing Article 31
The repeal of Article 31 and the redefinition of property rights
under Article 300A marked a significant shift in the constitutional
landscape of India. This change aimed to strike a balance between
individual property rights and the state’s authority to enact land
reforms and social justice measures.
1. Land Reforms and Social Justice: The removal of property
as a fundamental right allowed the government to pursue land
reforms and policies aimed at addressing agrarian issues and
economic disparities.
2. Legal Protection of Property: Article 300A continues
to protect property rights as a legal right, ensuring that
individuals have recourse to the courts in cases of deprivation.
3. Balancing Individual and State Interests: The repeal of
Article 31 struck a balance between individual property
rights and the broader societal interests of economic and
social justice.
In conclusion, Article 31 of the Indian Constitution underwent
significant changes through amendments and was eventually
repealed, marking a shift in the treatment of property rights from
a fundamental right to a legal right. This change aimed to balance
individual property rights with the state’s authority to enact land
reforms and social justice measures, reflecting the evolving needs
of the nation and the constitutional framework that accommodates
these changes.
Article 32 of the Indian Constitution: A Comprehensive
Analysis with Landmark Case Laws
Article 32 of the Indian Constitution is a cornerstone of the
fundamental rights guaranteed to citizens. It provides a powerful
mechanism for individuals to seek judicial remedies in the Supreme
Court of India when their fundamental rights are violated. In this
17
detailed analysis, we will delve into the intricacies of Article 32,
its historical context, significance, scope, and the role it plays
in upholding constitutional rights in India, with references to
landmark case laws that have shaped its interpretation.
Article 32: The Text and Intent
Article 32 of the Indian Constitution reads as follows:
“Remedies for enforcement of rights conferred by this Part.
1. The right to move the Supreme Court through appropriate
proceedings for the enforcement of the rights conferred by
this Part is guaranteed.
2. The Supreme Court shall have power to issue directions,
orders, or writs, including writs in the nature of habeas
corpus, mandamus, prohibition, quo warranto, and certiorari,
whichever may be appropriate, for the enforcement of any
of the rights conferred by this Part.
3. Without prejudice to the powers conferred on the Supreme
Court by clauses (1) and (2), Parliament may by law
empower any other court to exercise within the local limits
of its jurisdiction all or any of the powers exercisable by the
Supreme Court under clause (2).”
The primary intent of Article 32 is to empower individuals to
directly approach the Supreme Court of India for the enforcement
of their fundamental rights as guaranteed by Part III of the
Constitution. It ensures that citizens have a swift and effective
remedy when their fundamental rights are infringed upon by the
state or any other entity.
Historical Context: Framing the Constitution
To understand the significance of Article 32, it is essential to
consider the historical context in which the Indian Constitution
was framed. The framers of the Constitution, led by Dr. B.R.
Ambedkar and other visionary leaders, were committed to
establishing a democratic framework that guaranteed fundamental
rights as a safeguard against potential abuses of power by the
state. Article 32 emerged as a vital instrument in achieving this
commitment, providing individuals with a direct route to seek
justice for rights violations.
Significance of Article 32
Article 32 holds immense significance in the Indian constitutional
framework for several reasons:
1. Guarantee of Fundamental Rights: Article 32 serves as a
constitutional guarantee for the enforcement of fundamental
rights conferred by Part III of the Constitution. It ensures that
these rights are not mere ideals but tangible entitlements that
individuals can assert in cases of violations.
2. Access to Justice: Article 32 provides citizens with direct
access to the highest judicial authority in the country—
the Supreme Court. This access is essential for seeking
redress against governmental actions or infringements on
fundamental rights.
3. Quick and Effective Remedies: Article 32 empowers the
Supreme Court to issue various writs and orders promptly,
18
including habeas corpus, mandamus, prohibition, quo
warranto, and certiorari. These writs allow for the speedy
and efficient resolution of rights violations.
4. Judicial Review: Article 32 strengthens the principle of
judicial review by enabling the Supreme Court to scrutinise
governmental actions and laws to ensure their conformity
with the Constitution. This plays a critical role in upholding
the rule of law.
5. Protection of Minorities: Article 32 provides a mechanism
for marginalised and minority communities to assert their
rights when faced with discrimination or oppression. It serves
as a safeguard against the potential tyranny of the majority.
6. Public Interest Litigation (PIL): Article 32 has been
instrumental in the development of Public Interest Litigation
(PIL) jurisprudence in India. It allows individuals and
organisations to bring cases on behalf of the public or
disadvantaged groups, leading to progressive legal reforms.
Scope and Application of Article 32
Article 32 enables citizens to approach the Supreme Court in cases
of rights violations related to the entire spectrum of fundamental
rights guaranteed by Part III of the Constitution. These rights
include, but are not limited to:
• Right to Equality (Articles 14–18)
• Right to Freedom (Articles 19–22)
• Right against Exploitation (Articles 23–24)
• Right to Freedom of Religion (Articles 25–28)
• Cultural and Educational Rights (Articles 29–30)
The Supreme Court, through Article 32, has the authority to issue
various writs to protect these rights:
1. Habeas Corpus: A writ that ensures the release of a person
who is unlawfully detained or imprisoned.
2. Mandamus: A writ that compels a public official or authority
to perform a duty that is required by law.
3. Prohibition: A writ that prohibits a lower court or tribunal
from exceeding its jurisdiction or acting contrary to the
principles of natural justice.
4. Quo Warranto: A writ that inquires into the legality of a
person holding a public office and challenges their authority
to do so.
5. Certiorari: A writ that is issued by a higher court to review
and quash the decision of a lower court or tribunal when
there is a violation of jurisdiction or an error of law.
Landmark Case Laws Shaping Article 32
1. A.K. Gopalan vs. State of Madras (1950): This case was
one of the earliest interpretations of Article 32. The Supreme
Court held that the right to move the Court under Article 32 is
not the same as the remedies provided under Article 226 (writ
jurisdiction of high courts) and is limited to the enforcement
of fundamental rights under Part III of the Constitution.
2. Maneka Gandhi vs. Union of India (1978): This landmark
case expanded the scope of Article 32. The Supreme Court
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 held that the right to life and personal liberty (Article 21)
includes the right to travel abroad, and any law depriving
a person of this right must satisfy the principles of natural
justice.
3. Rajasthan State Electricity Board vs. Mohan Lal
(1967): This case highlighted the significance of Article
32 in protecting the fundamental rights of individuals
against arbitrary actions of state authorities. The Supreme
Court issued a writ of mandamus to protect the rights of a
government employee.
4. Bandhua Mukti Morcha vs. Union of India (1984):
In this PIL case, the Supreme Court demonstrated the
transformative potential of Article 32 by addressing the
issue of bonded labor. It laid down guidelines for the release
and rehabilitation of bonded labourers, emphasising the
importance of fundamental rights.
5. S.P. Gupta vs. President of India (1981): Commonly known
as the “Judges’ Transfer Case,” this case dealt with the scope
of Article 32 to challenge the transfers of High Court judges.
The Supreme Court held that Article 32 can be invoked for
such matters as they involve a violation of a fundamental right.
6. People’s Union for Civil Liberties (PUCL) vs. Union of
India (1997): In this case, the Supreme Court affirmed that
Article 32 can be invoked for the enforcement of economic
and social rights, highlighting its role in addressing a broader
range of rights violations.
Challenges and Limitations of Article 32
While Article 32 is a potent tool for the protection of fundamental
rights, it also faces certain challenges and limitations.
1. Pendency of Cases: The Supreme Court is often burdened
with a large number of cases filed under Article 32, leading
to delays in adjudication.
2. Selective Access: Access to Article 32 remedies is not
uniform, and marginalised or economically disadvantaged
individuals may face barriers to utilising this provision.
3. Balance with Directive Principles: There is an inherent
tension between fundamental rights and directive principles
of state policy, and the court must strike a balance when cases
involve conflicting principles.
4. Overreach and Activism: There are debates over whether
the Supreme Court, in exercising its jurisdiction under Article
32, sometimes encroaches upon the legislative and executive
domains.
Conclusion
Article 32 of the Indian Constitution serves as a powerful
safeguard for fundamental rights, allowing citizens to directly
approach the Supreme Court when their rights are violated. Its
historical significance, coupled with landmark case laws, has
shaped its interpretation and expanded its scope to include a wide
range of rights violations. However, challenges such as the case
backlog and the need for equitable access remain. Despite these
challenges, Article 32 remains a vital instrument in upholding the
constitutional promise of justice, equality, and the rule of law in
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India. It stands as a testament to the country’s commitment to
ensuring that the rights and freedoms of its citizens are not merely
aspirational but enforceable in practice.
Article 33 of the Indian Constitution: A Comprehensive
Analysis with Landmark Case Laws
Article 33 of the Indian Constitution empowers the Parliament
to restrict or modify the fundamental rights of members of the
armed forces, paramilitary forces, and police forces in the interest
of the sovereignty and integrity of India. In this comprehensive
analysis, we will delve deeply into Article 33, exploring its
historical context, significance, scope, limitations, and landmark
case laws that have shaped its interpretation.
Article 33: The Text and Intent
Article 33 of the Indian Constitution is succinct but impactful in
its text:
“Parliament may, by law, determine to what extent any of the rights
conferred by this Part shall, in their application to the members of
the Armed Forces or the forces charged with the maintenance of
public order, be restricted or abrogated so as to ensure the proper
discharge of their duties and the maintenance of discipline among
them.”
The primary intent of Article 33 is to grant Parliament the authority
to enact laws that limit or alter the application of fundamental
rights to members of the armed forces and forces involved in
maintaining public order. This limitation is imposed to ensure
the effective execution of their duties and the preservation of
discipline within these forces.
Historical Context: Framing the Constitution
To comprehend the significance of Article 33, it is essential to
consider the historical context in which the Indian Constitution
was drafted. The framers of the Constitution were acutely aware
of the need to strike a balance between individual rights and
national security, given India’s complex security landscape and
its colonial history.
Significance of Article 33
Article 33 holds immense significance in the Indian constitutional
framework for several compelling reasons:
1. National Security: Article 33 recognizes the pivotal role
played by the armed forces, paramilitary forces, and police
forces in safeguarding the nation’s sovereignty and integrity.
It allows Parliament to pass legislation that ensures the
effective execution of their duties.
2. Discipline and Efficiency: This provision grants the
authority to impose restrictions on fundamental rights
when necessary to maintain discipline and efficiency within
these forces. It acknowledges the distinct nature of their
responsibilities.
3. Protection of Public Order: Article 33 contributes to the
maintenance of public order by permitting the government
to curtail specific rights when required to prevent or address
situations that pose a threat to public order.
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 4. Balancing Individual and Collective Interests: It strikes a
delicate balance between individual rights and collective
interests, recognising that the exigencies of duty and
discipline may necessitate limited restrictions on fundamental
rights.
5. Parliamentary Oversight: Article 33 ensures that any
restrictions on rights are determined by Parliament through
the legislative process, underscoring the democratic and
accountable nature of such decisions.
Scope and Application of Article 33
Article 33 grants Parliament the exclusive authority to restrict
or modify the application of any fundamental rights guaranteed
by Part III of the Constitution to members of the armed forces,
paramilitary forces, and police forces. Key aspects of Article 33’s
scope and application include:
1. Parliamentary Authority: Parliament alone has the power
to define the extent to which fundamental rights can be
restricted or abrogated for these forces through appropriate
legislation.
2. Specific Application: Article 33 applies specifically to
members of the Armed Forces and forces responsible for
maintaining public order. It does not encompass other
categories of government employees or civilians.
Landmark Case Laws Shaping Article 33
1. Lt. Col. Prithi Pal Singh Bedi vs. Union of India (1982):
This case provided significant insights into the scope and
application of Article 33 concerning members of the armed
forces. The Supreme Court held that while Parliament has
the authority to restrict or modify fundamental rights under
Article 33, such restrictions must be reasonable and necessary
for maintaining discipline and the proper discharge of duties.
2. Union of India vs. Harbhajan Singh (2013): In this
landmark case, the Supreme Court addressed the application
of Article 33 to members of the armed forces. The Court
emphasised that while restrictions on fundamental rights are
permissible under Article 33, they must be reasonable and
proportionate to the requirements of maintaining discipline
and the proper discharge of duties.
3. Union of India vs. Ramesh Chander Sharma (1989): This
case underscored the importance of ensuring that restrictions
imposed on members of the armed forces under Article 33 do
not infringe upon their basic human rights and dignity. The
Court emphasised the need for striking a balance between
the interests of national security and individual rights.
Challenges and limitations of Article 33
While Article 33 is a crucial instrument for safeguarding national
security and discipline within the armed forces and police, it faces
certain challenges and limitations:
1. Potential for Abuse: There is a risk that Article 33 could
be misused to curtail fundamental rights beyond what is
necessary for the proper discharge of duties and maintenance
of discipline.
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2. Balancing Act: Striking the right balance between individual
rights and collective interests is a complex task. Courts play
a crucial role in ensuring that restrictions imposed under
Article 33 are reasonable and proportionate.
3. Human Rights Concerns: There is a need to ensure that even
within the restrictions imposed by Article 33, the basic human
rights and dignity of members of these forces are protected.
Conclusion
Article 33 of the Indian Constitution provides a mechanism
for Parliament to restrict or modify the fundamental rights of
members of the armed forces, paramilitary forces, and police
forces in the interest of national security and discipline. Its
application requires a delicate balance between individual rights
and collective interests. While Article 33 plays a vital role in
upholding national security, it must be exercised judiciously to
prevent potential abuses and protect the dignity of those serving
in these forces. The provision stands as a testament to India’s
commitment to maintaining order and security while upholding
the principles of justice and the rule of law.
Article 34 of the Indian Constitution: A Comprehensive
Analysis with Landmark Case Laws
Article 34 of the Indian Constitution addresses the critical issue
of restrictions on fundamental rights during a state of emergency,
specifically when martial law is in force in any area within
the territory of India. This article provides a legal framework
for Parliament to enact laws that may limit or modify certain
fundamental rights in such exceptional circumstances. In this
comprehensive analysis, we will delve deeply into Article 34,
exploring its historical context, significance, scope, limitations,
and the role it plays in balancing the exigencies of a state of
emergency with individual rights, with references to landmark
case laws that have shaped its interpretation.
Article 34: The Text and Intent
Article 34 of the Indian Constitution reads as follows:
“Restrictions on rights conferred by this Part while martial law is
in force in any area within the territory of India.
1. Notwithstanding anything in this Constitution, Parliament
may by law indemnify any person in the service of the Union
or of a State or any other person in respect of any act done
by him in connection with the maintenance or restoration of
order in any area within the territory of India where martial
law was in force or validate any sentence passed, punishment
inflicted, forfeiture ordered, or other act done in such area
in pursuance of any such law.
2. Parliament may, while such a proclamation is in operation,
make laws for the whole or any part of the territory of India
with respect to persons who are not citizens of India, and
laws so made shall, to the extent of the incompatibility, be
void.”
The intent of Article 34 is to grant Parliament the authority to
enact laws that provide indemnity for acts done by individuals,
including those in the service of the Union or a state, during a
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state of martial law or emergency. It also empowers Parliament to
validate sentences, punishments, forfeitures, or other acts carried
out in connection with the maintenance or restoration of order
in such areas. Additionally, Article 34 specifies that during a
state of emergency, Parliament can make laws pertaining to non-
citizens in India, which will override any existing laws that are
incompatible.
Historical Context: Framing the Constitution
To comprehend the significance of Article 34, it is essential to
consider the historical context in which the Indian Constitution
was framed. The framers of the Constitution were acutely aware of
the need to address situations of emergency, including threats to the
security and integrity of the nation. The provision for restrictions
during martial law or emergency was included to balance the
imperatives of maintaining order with individual rights.
Significance of Article 34
Article 34 holds immense significance in the Indian constitutional
framework for several compelling reasons:
1. Emergency Powers: It acknowledges the reality that during
a state of emergency, certain extraordinary measures may be
necessary to maintain or restore order. Article 34 provides a
legal framework for such measures.
2. Legal Safeguards: While allowing for limitations on
rights during emergencies, Article 34 ensures that any such
restrictions are enacted through parliamentary legislation.
This emphasises the importance of legal procedures and
accountability.
3. Validation of Actions: Article 34 enables the validation of
actions taken by individuals in the service of the Union or
a State in connection with maintaining or restoring order
during martial law. This can provide legal protection for
individuals acting under emergency conditions.
4. Special Laws for Non-Citizens: It recognises that during
an emergency, special laws may be needed concerning
non-citizens in India. These laws can help address specific
security and control measures related to non-citizens.
Scope and Application of Article 34
Article 34 encompasses the following key aspects:
1. Indemnification: Parliament is empowered to indemnify
any person, including those in the service of the Union or a
State, for acts done in connection with the maintenance or
restoration of order in areas where martial law is in force.
This means that individuals may be protected from legal
consequences for their actions under such circumstances.
2. Validation: Parliament has the authority to validate sentences
passed, punishments inflicted, forfeitures ordered, or other
acts carried out in such areas in accordance with the law. This
ensures that actions taken during emergencies are legally
recognised.
3. Laws for Non-Citizens: While a proclamation of emergency
is in effect, Parliament can make laws for the whole or any
part of the territory of India regarding persons who are not
citizens of India. These laws will take precedence over any
existing laws that are incompatible.
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Landmark Case Laws Shaping Article 34
While there aren’t as many landmark cases related to Article
34 compared to some other constitutional provisions, its
interpretation has been influenced by the broader jurisprudence
on emergency powers and fundamental rights, particularly during
states of emergency. Notable cases include:
1. A.D.M. Jabalpur vs. Shiv Kant Shukla (1976): This case,
often referred to as the “Habeas Corpus case,” dealt with the
suspension of the right to move the courts for the enforcement
of fundamental rights during a state of emergency. The
Supreme Court, in a controversial decision, ruled that during
an emergency, the right to life and personal liberty could be
suspended, including the right to approach the courts.
2. Additional District Magistrate, Jabalpur vs. S.S. Shukla
(1976): In a separate but related case, the Supreme Court
considered whether Article 34 could be invoked to challenge
orders issued under the Maintenance of Internal Security Act
(MISA) during an emergency. The Court held that Article
34 did not provide a remedy for challenging such orders,
further limiting judicial review during emergencies.
Challenges and Limitations of Article 34
Article 34, while necessary for dealing with emergency situations,
is not without its challenges and limitations:
1. Risk of Abuse: There is a risk that emergency powers granted
under Article 34 could be misused to curtail individual rights
and freedoms beyond what is necessary for maintaining or
restoring order.
2. Accountability: The provision does not specify detailed
safeguards or oversight mechanisms to ensure that
emergency powers are exercised judiciously.
3. Duration of Emergency: It is crucial to ensure that
emergency measures are lifted as soon as the situation
warrants. Prolonged emergencies can lead to violations of
rights and undermine democratic principles.
Conclusion
Article 34 of the Indian Constitution provides a legal framework
for restrictions on fundamental rights during a state of emergency,
particularly in areas where martial law is in force. It acknowledges
the necessity of taking extraordinary measures to maintain or
restore order in emergency situations. However, it also highlights
the importance of accountability and parliamentary oversight in
ensuring that these measures are reasonable and proportional to
the exigencies of the situation. Article 34 stands as a testament
to India’s commitment to balancing the imperatives of national
security with the protection of individual rights and freedoms,
even in challenging times.
Article 35 of the Indian Constitution: A Comprehensive
Analysis with Landmark Case Laws
Article 35 of the Indian Constitution is a pivotal provision that
deals with the jurisdiction of the Supreme Court and High Courts
in matters concerning the enforcement of fundamental rights. It
lays the foundation for individuals to seek redress for violations
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of their fundamental rights and reinforces the principle of judicial
review. In this detailed analysis, we will thoroughly examine
Article 35, exploring its historical context, significance, scope,
limitations, and the role it plays in upholding fundamental rights
in India. We will also reference landmark case laws that have
influenced its interpretation.
Article 35: The Text and Intent
Article 35 of the Indian Constitution reads as follows:
“Jurisdiction of the Supreme Court and the High Courts with
respect to the enforcement of fundamental rights.
1. The Supreme Court shall have jurisdiction to entertain and
adjudicate upon any dispute or complaint with respect to the
enforcement of the rights conferred by this Part.
2. The appropriate High Court shall have jurisdiction to
entertain and adjudicate upon any dispute or complaint with
respect to the enforcement of the rights conferred by this Part.
3. Without prejudice to the powers conferred on the Supreme
Court by clause (1) and on all the High Courts by clause (2),
Parliament may by law empower any other court to exercise
within the local limits of its jurisdiction all or any of the
powers exercisable by the Supreme Court under clause (1).
(4) The power conferred on a High Court by this article shall
not be in derogation of the power conferred on the Supreme
Court by clause (2) of Article 32.
The primary intent of Article 35 is to establish the jurisdiction
of the Supreme Court and High Courts in matters related to the
enforcement of fundamental rights guaranteed by Part III of the
Constitution. It empowers individuals to approach these courts
for the protection of their fundamental rights and ensures that the
judiciary plays a vital role in safeguarding these rights.
Historical Context: Framing the Constitution
To understand the significance of Article 35, it is essential to
consider the historical context in which the Indian Constitution
was framed. The framers of the Constitution were acutely aware
of the need to address situations where the rights and freedoms
of individuals could be threatened, given India’s struggle for
independence and the desire to prevent any potential future
infringements on individual liberties.
Significance of Article 35
Article 35 holds immense significance in the Indian constitutional
framework for several compelling reasons:
1. Access to Justice: It provides individuals with a mechanism
to seek redress for violations of their fundamental rights.
This access to justice is vital for ensuring the effective
enforcement of these rights.
2. Judicial Review: Article 35 reinforces the principle of judicial
review, allowing the judiciary to review and strike down
actions of the state that infringe upon fundamental rights.
This serves as a crucial check on the government’s powers.
3. Checks and balances: It establishes a system of checks and
balances, ensuring that the executive and legislative branches
of government are held accountable for any violations
of fundamental rights. This reinforces the principles of
democracy and the rule of law.
22
4. Protecting Minority Rights: Article 35 plays a crucial
role in protecting the rights of minority communities and
marginalised individuals, ensuring that their voices are heard
and their rights are upheld. This is particularly significant in
India’s diverse and pluralistic society.
Scope and Application of Article 35
Article 35 encompasses the following key aspects:
1. Jurisdiction of the Supreme Court: It grants the Supreme
Court of India jurisdiction to entertain and adjudicate upon
any dispute or complaint related to the enforcement of
fundamental rights conferred by Part III of the Constitution.
This means that the Supreme Court can hear cases involving
alleged violations of these rights from all over India, making
it the ultimate arbiter of fundamental rights.
2. Jurisdiction of High Courts: Article 35 also confers
jurisdiction on the appropriate High Court to entertain
and adjudicate upon disputes or complaints regarding the
enforcement of the rights conferred by Part III. Each High
Court has jurisdiction over the state or Union Territory to
which it is assigned.
3. Empowering Other Courts: Parliament has the authority to
empower other courts to exercise the powers of the Supreme
Court under Article 35 within their respective local limits of
jurisdiction. This provision allows for the decentralisation
of judicial authority while ensuring that fundamental rights
are protected across the nation.
4. Not in derogation of Article 32: Importantly, Article 35
explicitly states that the power conferred upon high courts
by this article is not in derogation of the power conferred
on the Supreme Court by Article 32(2). Article 32(2) allows
individuals to directly approach the Supreme Court for
the enforcement of fundamental rights, emphasising the
importance of Article 32 as a fundamental right in itself.
Landmark Case Laws Shaping Article 35
Landmark cases have played a significant role in shaping the
interpretation of Article 35 and the broader jurisprudence on
fundamental rights in India. Some notable cases include:
1. Kesavananda Bharati vs. State of Kerala (1973): This
landmark case is renowned for establishing the “Basic
Structure Doctrine,” which held that certain core elements of
the Constitution’s structure are immune from constitutional
amendments. It reinforced the judiciary’s role in safeguarding
fundamental rights and the basic structure of the Constitution.
2. Maneka Gandhi vs. Union of India (1978): This case
expanded the scope of Article 21 (right to life and personal
liberty) and emphasised that any law or action affecting
an individual’s personal liberty must be fair, just, and
reasonable. It highlighted the judiciary’s commitment to
protecting fundamental rights.
3. A.D.M. Jabalpur vs. Shiv Kant Shukla (1976): Also
known as the “Habeas Corpus case,” this case dealt with the
suspension of the right to move the courts for the enforcement
of fundamental rights during a state of emergency. The
Supreme Court’s decision in this case was widely criticised,
and it was later overruled in subsequent cases.
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Challenges and limitations of Article 35
While Article 35 plays a crucial role in safeguarding fundamental
rights, it also faces certain challenges and limitations:
1. Backlog of Cases: Both the Supreme Court and High Courts
often face a backlog of cases, which can lead to delays in the
adjudication of fundamental rights disputes. This can hinder
timely justice for individuals whose rights have been violated.
2. Resource Constraints: Ensuring access to justice for all
citizens, particularly those from marginalised communities,
can be challenging due to resource constraints in the
judiciary. Adequate infrastructure and personnel are essential
to upholding the principles of Article 35.
3. Judicial Activism: The expansive scope of Article 35 has
at times led to debates over the extent of judicial activism,
with some arguing that the judiciary may encroach upon the
domains of the executive and legislature. Striking the right
balance between judicial intervention and respect for the
separation of powers is an ongoing challenge.
Conclusion
Article 35 of the Indian Constitution plays a pivotal role in
upholding and safeguarding fundamental rights in India. It
establishes the jurisdiction of the Supreme Court and High
Courts to adjudicate upon disputes related to the enforcement
of these rights, providing individuals with a vital mechanism
for redressal. While facing challenges such as case backlogs and
resource constraints, Article 35 remains a cornerstone of India’s
democratic framework, ensuring that the rights and freedoms of
its citizens are not mere aspirations but enforceable in practice. It
stands as a testament to India’s commitment to justice, equality,
and the rule of law.
Article 36 of the Indian Constitution: A Comprehensive
Analysis with Landmark Case Laws
Article 36 of the Indian Constitution is a pivotal provision that
defines the term “state” for the purposes of Part III (Fundamental
Rights) and Part IV (Directive Principles of State Policy) of the
Constitution. It plays a critical role in determining the entities and
authorities that are bound by the provisions of these parts of the
Constitution. In this detailed analysis, we will delve deeply into
Article 36, exploring its text, historical context, significance, scope,
landmark case laws that have influenced its interpretation, and
implications for fundamental rights and directive principles in India.
Article 36: The Text and Intent
Article 36 of the Indian Constitution reads as follows:
“In this Part, unless the context otherwise requires, ‘the State’
includes the Government and Parliament of India, 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.”
The primary intent of Article 36 is to define the term “state” as
used in Part III (Fundamental Rights) and Part IV (Directive
Principles of State Policy) of the Constitution. It specifies the
entities and authorities that fall within the purview of this term,
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ensuring that the provisions related to fundamental rights and
directive principles apply to a wide range of governmental and
quasi-governmental bodies.
Historical Context: Framing the Constitution
To understand the significance of Article 36, it is essential to
consider the historical context in which the Indian Constitution
was framed. The framers of the Constitution were committed
to establishing a democratic and just society that respected
fundamental rights and aimed for the welfare of all citizens.
Defining “the state” in this context was essential to ensuring
that the principles and rights enshrined in the Constitution were
applied uniformly across various governmental bodies.
Significance of Article 36
Article 36 holds immense significance in the Indian constitutional
framework for several compelling reasons:
1. Clarity in Application: It provides a clear and comprehensive
definition of “the state,” leaving little room for ambiguity in
determining which entities and authorities are bound by the
provisions of Part III and Part IV of the Constitution.
2. Wider Applicability: Article 36’s inclusive definition ensures
that fundamental rights and directive principles apply not only
to the central and state governments but also to local and other
authorities within the territory of India or under the control of
the Government of India. This ensures the broadest possible
protection and promotion of rights and principles.
3. Equality and Justice: The definition of “the state” aligns
with the principles of equality and justice by subjecting
various governmental and quasi-governmental bodies to the
constitutional obligations set forth in Part III and Part IV.
Scope and Application of Article 36
Article 36 defines “the state” for the purposes of Part III
(Fundamental Rights) and Part IV (Directive Principles of
State Policy) of the Constitution. Key aspects of its scope and
application include:
1. Inclusion of Entities: “The State” includes the Government
and Parliament of India, 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.
2. Expansive Definition: The definition encompasses a wide
range of entities and authorities, ensuring that constitutional
obligations apply not only to elected representatives but also
to governmental bodies at various levels.
3. Contextual Flexibility: Article 36 allows for flexibility by
noting that the context may require a different interpretation.
While it provides a comprehensive definition, it also
recognises the need to adapt the definition as necessary.
Implications for Fundamental Rights and Directive
Principles
Article 36 has significant implications for the protection and
promotion of fundamental rights and the application of directive
principles in India.
23
 1. Fundamental Rights: By defining “the state” broadly,
Article 36 ensures that fundamental rights, such as the right
to equality, the right to life, and the right to freedom of speech
and expression, are enforceable not only against the central
and state governments but also against local authorities
and entities under government control. This promotes a
comprehensive protection of these rights.
2. Directive Principles: Article 36’s definition of “the state”
extends the application of directive principles to a wide
range of authorities, emphasising the importance of social
and economic justice and the welfare of citizens at various
levels of governance. It underscores the duty of these
authorities to strive towards the goals set forth in Part IV of
the Constitution.
Challenges and Limitations of Article 36
While Article 36 plays a vital role in ensuring the wide
applicability of constitutional provisions, it also faces challenges
and limitations.
1. Potential for Misinterpretation: In some cases, there
may be disputes over whether certain entities or authorities
fall within the definition of “the state,” leading to legal
complexities and interpretation challenges.
2. Limited Enforcement Mechanisms: While fundamental
rights and directive principles are enshrined in the
Constitution, their effective enforcement may face obstacles
related to resources, infrastructure, and capacity at various
levels of government.
Conclusion
Article 36 of the Indian Constitution defines “the state” for the
purposes of Part III (Fundamental Rights) and Part IV (Directive
Principles of State Policy). Its inclusive definition ensures that these
constitutional provisions are applicable not only to central and
state governments but also to local and other authorities within the
territory of India or under the control of the Government of India.
This definition plays a crucial role in promoting equality, justice, and
the welfare of citizens by subjecting a wide range of governmental
and quasi-governmental bodies to constitutional obligations. Article
36 underscores India’s commitment to upholding the principles and
rights enshrined in its Constitution, thereby striving to create a just
and equitable society for all its citizens.
Article 37 of the Indian Constitution: A Comprehensive
Analysis with Policy Implications
Article 37 of the Indian Constitution occupies a unique position
within the constitutional framework. It delineates the nature and
status of the Directive Principles of State Policy (DPSP) and
plays a pivotal role in harmonising the constitutional aspirations
for both individual rights and collective welfare. In this in-depth
analysis, we will thoroughly examine Article 37, delving into its
text, historical context, significance, scope, and implications for
governance and policy-making in India.
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Article 37: The Text and Intent
Article 37 of the Indian Constitution reads as follows:
“The provisions contained in this Part shall not be enforceable by
any court, but the principles therein laid down are nevertheless
fundamental to the governance of the country, and it shall be the
duty of the state to apply these principles in making laws.”
The central intent of Article 37 is to provide clarity regarding
the nature of the Directive Principles of State Policy (DPSP).
It establishes that these principles are non-justiciable, meaning
that citizens cannot approach the courts to enforce them directly.
However, Article 37 also underscores the importance of DPSP by
labelling them “fundamental in the governance of the country”
and imposing a duty on the state to apply these principles in the
process of making laws.
Historical Context: Framing the Constitution
Understanding the historical context in which the Indian
Constitution was framed is crucial to appreciating the significance
of Article 37. The framers of the Constitution were confronted
with the challenge of reconciling the need to protect individual
rights and liberties (as enshrined in Part III) with the imperative
to build a socially just and equitable society (as articulated in Part
IV). Article 37 emerged as a key tool for striking this balance.
Significance of Article 37
Article 37 holds immense significance in the Indian constitutional
framework for several compelling reasons:
1. Balancing Rights and Welfare: It serves as a vital
instrument for harmonising the principles of individual rights
(Part III) and collective welfare (Part IV). By establishing
the non-justiciable nature of DPSP, Article 37 ensures that
the pursuit of the common good is not unduly hampered by
legal challenges.
2. Policy Guidance: Article 37 underscores that while DPSPs
are not enforceable in court, they provide ethical and moral
guidance for policymakers. These principles are intended
to inform and shape laws and policies, emphasising the
responsibility of the state to consider them in its decision-
making.
3. Flexible Governance: It grants policymakers the flexibility
to adapt and evolve policies in response to changing societal
needs and aspirations without the constraints of justiciability.
Scope and Application of Article 37
Article 37 defines the character of Directive Principles of State
Policy and outlines their role within the Indian constitutional
scheme:
1. Non-Justiciable Nature: It explicitly states that the
provisions in Part IV, which include DPSP, are not
enforceable by any court. Citizens cannot approach the
judiciary seeking remedies for violations of these principles.
2. Fundamental in Governance: Despite their non-justiciable
nature, Article 37 emphasises that the principles contained in
Part IV are “fundamental in the governance of the country.”
This underscores their significance in shaping laws, policies,
and the overall direction of the state.
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 3. Duty of the State: Article 37 places a duty on the State
to apply these principles when making laws. It is an
acknowledgment of the state’s responsibility to strive
towards the goals set forth in Part IV, even though there is
no legal compulsion to do so.
Implications for Governance and Policymaking
Article 37 has significant implications for governance and
policymaking in India.
1. Policy Guidance: It underscores that DPSPs are not
mere aspirational goals but provide ethical guidance for
policymakers. The state is expected to consider these
principles when formulating laws and policies.
2. Flexibility: Article 37 grants flexibility to the government
in addressing the evolving needs of society. Policymakers
can adapt and develop policies without the constraints of
enforceability.
3. Welfare-Oriented Governance: The inclusion of Article 37
reflects India’s commitment to a welfare-oriented state that
strives to ensure social and economic justice for its citizens.
Challenges and Limitations of Article 37
While Article 37 plays a vital role in shaping governance and
policy-making in India, it also faces challenges and limitations.
1. Enforcement Gap: The non-justiciable nature of DPSP
means that there is no legal recourse for citizens if the state
fails to adhere to these principles in policymaking.
2. Conflict Resolution: In cases where there is a conflict
between justiciable fundamental rights and non-justiciable
DPSP, Article 37 places the onus on the state to strike a
balance, which can be a complex and contentious task.
Conclusion
Article 37 of the Indian Constitution defines the nature of Directive
Principles of State Policy, emphasising their non-justiciable
character. While citizens cannot directly enforce these principles
in court, they remain fundamental in guiding the governance
and policymaking of the country. Article 37 reflects India’s
commitment to balancing individual rights with the welfare of
society, fostering a welfare-oriented state that strives for social
and economic justice. It serves as a reminder to the state of its
duty to consider these principles when crafting laws and policies,
ultimately shaping the direction of governance in India.
Article 38 of the Indian Constitution: A Comprehensive
Analysis with Policy Implications
Article 38 of the Indian Constitution is a pivotal provision that
outlines the state’s duty to promote the welfare of the people by
securing a just social order. It reflects the commitment of the Indian
government to work towards reducing inequalities, ensuring
social justice, and fostering the well-being of its citizens. In this
comprehensive analysis, we will delve deeply into Article 38,
exploring its text, historical context, significance, scope, and
implications for governance and policymaking in India.
Article 38: The Text and Intent
Article 38 of the Indian Constitution reads as follows:
“The State shall strive to promote the welfare of the people by
securing and protecting, as effectively as it may, a social order in
which justice, social, economic, and political, shall inform all the
institutions of national life.”
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The primary intent of Article 38 is to articulate the state’s
responsibility to promote the welfare of the people. It emphasises
that the state should work towards establishing a just social order
where justice, encompassing social, economic, and political
aspects, permeates all institutions of national life. In essence,
Article 38 underscores the commitment of the Indian government
to reduce inequalities, ensure social justice, and create a fair and
equitable society.
Historical Context: Framing the Constitution
Understanding the historical context in which the Indian
Constitution was framed is crucial to appreciating the significance
of Article 38. India had just emerged from a prolonged struggle
for independence, marked by socio-economic disparities and
injustices. The framers of the Constitution were acutely aware of
the need to address these issues and build a democratic, equitable,
and just society.
Significance of Article 38
Article 38 holds immense significance in the Indian constitutional
framework for several compelling reasons:
1. Socio-Economic Justice: It highlights the importance of
socio-economic justice as an integral component of the
Indian state’s responsibility. By striving to promote the
welfare of the people, Article 38 underscores the commitment
to reducing disparities and ensuring that the benefits of
development are equitably distributed.
2. Foundational Principle: Article 38 serves as a foundational
principle guiding governance and policy-making in India. It
reflects the broader ethos of the Constitution, emphasising
social justice, equality, and the welfare of the people.
3. Holistic Approach: The inclusion of social, economic, and
political aspects within the scope of Article 38 signals a
holistic approach to governance. It underscores that justice
should permeate all aspects of national life, including
institutions and policies.
Scope and Application of Article 38
Article 38 outlines the scope and application of the state’s duty to
promote the welfare of the people:
1. Welfare Promotion: The state is obligated to strive for the
promotion of the people’s welfare. This includes addressing
socio-economic disparities, ensuring access to basic
necessities, and fostering conditions for overall well-being.
2. Social Order: Article 38 underscores the importance of
securing and protecting a just social order. This implies
creating a society where fairness, equality, and social justice
prevail.
3. Comprehensive Justice: The term “justice” in Article
38 encompasses social, economic, and political justice. It
emphasises the need to rectify inequalities in all of these
domains.
4. Institutional Integration: Article 38 mandates that justice
should inform all institutions of national life. This signifies
that the principles of justice should be integrated into the
functioning and policies of government, the judiciary, the
legislature, and other institutions.
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Implications for Governance and Policy-Making
Article 38 has significant implications for governance and policy-
making in India.
1. Equitable Development: It reinforces the commitment to
equitable development, emphasizing the need to ensure that
the benefits of progress are shared by all segments of society.
2. Policy Priorities: Article 38 influences policy priorities,
nudging the government towards addressing socio-economic
disparities and enacting measures that promote social justice.
3. Legislative Framework: The principles outlined in Article
38 guide the formulation of laws and policies, ensuring that
they align with the broader goals of welfare promotion and
a just social order.
Challenges and Limitations of Article 38
While Article 38 sets a laudable goal for the Indian state, it also
faces challenges and limitations:
1. Implementation Challenges: Achieving the objectives
outlined in Article 38 can be challenging due to resource
constraints, administrative bottlenecks, and complex socio-
economic disparities.
2. Policy Trade-offs: Striking a balance between various
aspects of justice (social, economic, and political) can be
complex, often necessitating trade-offs in policy-making.
Conclusion
Article 38 of the Indian Constitution articulates the state’s duty
to promote the welfare of the people by securing a just social
order that encompasses social, economic, and political justice.
It serves as a cornerstone principle that guides governance and
policy-making in India. The inclusion of Article 38 reflects India’s
commitment to reducing inequalities, ensuring social justice,
and fostering the well-being of its citizens. It signifies a broader
ethos of equitable development, emphasising that justice should
permeate all aspects of national life, ultimately contributing to the
creation of a fair and equitable society.
Article 39 of the Indian Constitution: A Comprehensive
Analysis with Policy Implications
Article 39 of the Indian Constitution is a crucial provision that
outlines principles of social and economic justice. It reflects the
commitment of the Indian government to secure certain rights for
its citizens, such as a just and humane work environment, equitable
distribution of resources, and protection against exploitation. In
this comprehensive analysis, we will delve deeply into Article 39,
exploring its text, historical context, significance, scope, and
implications for governance and policy-making in India.
Article 39: The Text and Intent
Article 39 of the Indian Constitution reads as follows:
(a) that the citizens, men and women equally, have the right to
an adequate means of livelihood;
(b) that the ownership and control of the material resources of
the community are so distributed as best to subserve the
common good;
(c) that the operation of the economic system does not result in
the concentration of wealth and means of production to the
common detriment;
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(d) that there is equal pay for equal work for both men and
women;
(e) that the health and strength of workers, men and women, and
the tender age of children are not abused and that citizens
are not forced by economic necessity to enter avocations
unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop
in a healthy manner and in conditions of freedom and
dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.”
The intent of Article 39 is to ensure social and economic justice
for all citizens of India. It encompasses a wide range of principles,
including the right to a livelihood, equitable distribution of
resources, prevention of wealth concentration, equal pay for
equal work, protection of workers’ health and children’s rights,
and safeguarding children and youth against exploitation.
Historical Context: Framing the Constitution
Understanding the historical context in which the Indian
Constitution was framed is crucial to appreciating the significance
of Article 39. India was emerging from a colonial past marked by
economic exploitation and social inequality. The framers of the
Constitution aimed to rectify these issues and lay the foundation
for a just and equitable society.
Significance of Article 39
Article 39 holds immense significance in the Indian constitutional
framework for several compelling reasons:
1. Social and Economic Justice: It underscores the commitment
to social and economic justice as a fundamental principle
of governance. Article 39 serves as a reminder that the
government must work towards reducing inequalities and
ensuring that all citizens have access to basic necessities.
2. Gender Equality: Article 39(a) and (d) emphasise gender
equality by recognising the right to adequate means of
livelihood and equal pay for equal work for both men
and women. This is in line with the broader constitutional
commitment to gender justice.
3. Child Welfare: Article 39(f) places a strong emphasis on
the welfare of children, ensuring that they have opportunities
for healthy development and protection against exploitation.
It reflects the recognition of children’s rights as an integral
part of the constitutional framework.
Scope and Application of Article 39
Article 39 outlines the scope and application of the principles of
social and economic justice:
1. Right to Adequate Means of Livelihood: It recognises the
right of citizens to an adequate means of livelihood. This
entails that the government must work towards creating
opportunities for employment and economic well-being.
2. Equitable Distribution of Resources: Article 39(b)
emphasises the equitable distribution of material resources
to serve the common good. It implies that resources should
not be monopolized by a few but should benefit society as
a whole.
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 3. Prevention of Wealth Concentration: Article 39(c)
mandates that the economic system should not lead to
the concentration of wealth and means of production to
the detriment of society. This principle promotes a more
equitable distribution of wealth.
4. Equal Pay for Equal Work: It ensures that there is equal
pay for equal work for both men and women, promoting
gender equality in the workplace.
5. Protection of Worker’s Health: Article 39(e) emphasises
the need to safeguard the health and strength of workers,
preventing exploitation and ensuring decent working
conditions.
6. Child Welfare: Article 39(f) emphasises the importance of
opportunities for children’s healthy development, protection
against exploitation, and the safeguarding of childhood and
youth.
Implications for Governance and Policy-Making
Article 39 has significant implications for governance and
policymaking in India.
1. Social and Economic Policies: It influences the formulation
of social and economic policies, nudging the government
towards measures that reduce inequalities, promote equitable
resource distribution, and protect vulnerable sections of
society.
2. Gender-Inclusive Policies: Article 39 encourages gender-
inclusive policies that ensure equal pay for equal work,
fostering gender equality in the workforce.
3. Child Welfare Measures: It guides the development of
policies and programmes aimed at the welfare and protection
of children, fostering a conducive environment for their
growth and development.
Challenges and Limitations of Article 39
While Article 39 sets a noble goal for the Indian state, it also faces
challenges and limitations:
1. Implementation Challenges: Achieving the objectives
outlined in Article 39 can be challenging due to resource
constraints, administrative bottlenecks, and the complexity
of addressing entrenched socio-economic disparities.
2. Conflict with Economic Realities: The goal of equitable
resource distribution can sometimes conflict with economic
realities and the need for efficient resource allocation.
Conclusion
Article 39 of the Indian Constitution articulates principles of
social and economic justice, encompassing a wide range of
rights and duties. It reflects India’s commitment to reducing
inequalities, promoting gender equality, protecting workers’
rights, and safeguarding children’s welfare. Article 39 serves as a
foundational principle that guides governance and policymaking
in India, emphasising the imperative of social and economic
justice in building a just and equitable society.
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Article 40: An exploration
Article 40 of the Indian Constitution, while concise in its
wording, holds substantial significance in the context of India’s
commitment to decentralised governance and the empowerment of
local communities. It falls under the Directive Principles of State
Policy, which are enumerated in Part IV of the Constitution. These
principles are guidelines for the central and state governments
of India, aiming to create a social order characterised by social,
economic, and political justice.
Detailed Analysis of Article 40
1. Context and Purpose: Article 40 is rooted in the idea of
Gram Swaraj (village self-governance), a concept promoted
by Mahatma Gandhi during the Indian independence
movement. The idea was to empower rural communities,
enabling them to manage their affairs independently.
2. Implications of Decentralised Governance: Decentralisation,
as advocated by Article 40, is not just a shift of administrative
duties but a transfer of power and resources. This empowers
local bodies to make decisions based on the needs and
priorities of their communities.
3. Democratic Participation: By advocating for panchayats,
Article 40 encourages democratic participation at the
grassroots level. This ensures that governance is more
accessible and accountable to the local population.
4. Framework for Implementation: Article 40 itself does
not provide a detailed framework for the establishment of
panchayats. It leaves the responsibility of implementing this
directive to the states, which can formulate laws based on
their regional requirements.
Landmark Legal Developments Post-Article 40:
1. 73rd Constitutional Amendment Act, 1992: This act gave
a practical shape to the vision of Article 40. It added Part
IX to the Constitution titled “The Panchayats” and included
provisions for the creation and empowerment of panchayats
at the village, intermediate, and district levels.
2. Mandatory Creation of Panchayats: The amendment
made it obligatory for states to establish panchayats and hold
regular elections for them. This institutionalised the role of
panchayats in rural governance.
3. Reservation of Seats: The amendment provided for the
reservation of seats for Scheduled Castes, Scheduled Tribes,
and women, thereby ensuring representation for historically
marginalised groups in these local bodies.
Case Laws and Judicial Interpretations:
While there are no direct landmark case laws on Article 40,
several cases have indirectly influenced the interpretation and
implementation of this article:
1. Ram Jawaya Kapur v. State of Punjab (1955): This
case emphasised the principle that the Directive Principles,
though not enforceable by any court, are fundamental to the
governance of the country. This reinforces the importance
of Article 40 in shaping state policies.
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 2. Kesavananda Bharati v. State of Kerala (1973): This
landmark judgement held that the Directive Principles are
an integral part of the basic structure of the Constitution.
Although not enforceable in court, they are crucial in guiding
the state in legislation and policymaking.
Impact and Challenges:
1. Social and Economic Empowerment: Article 40 has
been instrumental in facilitating social and economic
empowerment at the grassroots level. Panchayats have played
a crucial role in the implementation of various central and
state welfare schemes.
2. Challenges in Implementation: Despite the constitutional
mandate, the actual devolution of power and resources
to panchayats has been uneven across states. Issues like
bureaucratic control, a lack of financial resources, and
political interference often impede the effective functioning
of panchayats.
3. Training and Capacity Building: The effectiveness of
panchayats largely depends on the training and capacity
building of elected representatives, many of whom may lack
experience in governance.
In summary, Article 40 of the Indian Constitution is a testament
to India’s commitment to decentralised governance and the
empowerment of local communities. Its implementation,
particularly through the 73rd Amendment, has been a significant
step in realising the vision of democratic participation at the
grassroots level. However, the full realisation of this vision
continues to be a work in progress, requiring ongoing effort to
overcome practical challenges.
Article 41: Analysis
Article 41 of the Indian Constitution, as a Directive Principle
of State Policy, holds a significant place in the realm of social
welfare and rights in India. It embodies the ethos of a welfare
state, guiding the government to ensure certain basic rights for
its citizens, notably in the areas of employment, education, and
public assistance. This article, however, is subject to the limits
of the state’s economic capacity and development, making it a
directive principle rather than an enforceable right in the courts.
Detailed Analysis of Article 41
1. Right to Work: Article 41 mandates the state to effectively
provide for securing the right to work. This is a fundamental
aspect of ensuring an individual’s dignity and livelihood.
While not an enforceable right, this directive has influenced
various employment schemes in India, like the Mahatma
Gandhi National Rural Employment Guarantee Act
(MGNREGA), which aims to guarantee the ‘right to work’.
2. Right to Education: The directive to ensure the right to
education under Article 41 laid the groundwork for the Right
of Children to Free and Compulsory Education Act, 2009.
This act made education a fundamental right for children
between the ages of 6 and 14.
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3. Public Assistance: The article covers a wide range of
vulnerabilities, including unemployment, old age, sickness,
and disability. The state’s role in supporting its citizens
in these situations is crucial and has led to various social
security schemes.
4. Economic Capacity and Development: The implementation
of rights under Article 41 is contingent on the economic
capacity of the state. This creates a dynamic where the extent
and scope of these rights can vary, depending on the state’s
resources and developmental stage.
5. Non-Justiciable Nature: As with other Directive Principles,
Article 41 is not enforceable in courts. However, they are
considered fundamental to the governance of the country and
act as guidelines for the state in making laws and policies.
Judicial Interpretations and Implications:
While there are no direct landmark case laws on Article 41,
several judgements have influenced its ethos:
1. Olga Tellis v. Bombay Municipal Corporation (1985): This
case established a connection between the right to livelihood
and the right to life under Article 21. This interpretation
indirectly supports the objectives of Article 41.
2. Consumer Education and Research Centre v. Union of
India (1995): The Supreme Court’s recognition of the right
to health as part of the right to life under Article 21 aligns
with the spirit of Article 41 in ensuring public assistance in
cases of sickness.
Impact on Policy and Governance
1. Influence on Social Welfare Policies: Article 41 has had
a significant impact on the formulation of various social
welfare policies in India. It has acted as a guiding principle
for the government in initiating schemes for employment,
education, and social security.
2. Challenges in Implementation: The realisation of the
objectives of Article 41 is heavily dependent on the
state’s economic strength. This leads to disparities in the
implementation and effectiveness of social welfare measures
across different regions of the country.
3. Balancing Act for the Government: The government must
continually balance between economic development and the
allocation of resources for social welfare. The effectiveness
of this balance directly affects the realisation of the rights
and protections envisioned in Article 41.
In conclusion, Article 41 of the Indian Constitution, while not
enforceable in a court of law, plays a pivotal role in shaping the
country’s social welfare landscape. It reflects the constitutional
vision of India as a welfare state committed to the social and
economic well-being of its citizens. The actual realization of the
rights under Article 41 is a continual process, influenced by the
economic capabilities and developmental priorities of the state.
Article 42
Article 42 of the Indian Constitution is a significant component
of the Directive Principles of State Policy. This provision advises
the state to make arrangements for securing just and humane
conditions of work and for maternity relief. The Directive
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Principles, found in Part IV of the Constitution, are guidelines for
the central and state governments of India to inform policy and
law-making, aiming to create a social and economic framework
based on justice, equity, and equality.
Detailed Analysis of Article 42:
1. Human Conditions of Work: Article 42 emphasises the
need for the work environment to be just and humane. This
includes fair wages, reasonable hours of work, periodic
holidays with pay, and a safe working environment. It
addresses the broader aspects of workers’ rights and welfare.
2. Maternity Relief: A notable feature of Article 42 is its
specific mention of maternity relief. This part of the article
underlines the state’s responsibility to ensure that women
are not forced to neglect their health or the health of their
children while being employed.
3. Influence on Labour Laws: Article 42 has significantly
influenced labour legislation in India. The enactment of
various labour laws, such as the Factories Act, the Mines
Act, the Maternity Benefit Act, and others, can be traced
back to the principles enshrined in this article.
4. Non-Justiciable Nature: Similar to other Directive
Principles, the provisions of Article 42 are not enforceable
by the courts. However, they serve as fundamental guidelines
for governance and law-making in the country.
Implications and Challenges: Judicial Interpretations
and Relevance:
1. Policy Formulation and Implementation: Article 42 has
been instrumental in shaping policies concerning labour
rights and welfare in India. It has acted as a catalyst for the
creation of a legal framework that protects workers' rights.
2. Evolving Work Environment: With the changing nature
of work, especially with the advent of the gig economy
and technological advancements, the interpretation and
application of Article 42's principles continue to evolve.
3. Balancing Economic and Social Goals: Implementing the
directives of Article 42 often requires balancing economic
objectives with social welfare goals. This balance is crucial
for sustainable economic development that does not
compromise workers' rights and welfare.
While there are no direct landmark case laws focusing solely
on Article 42, the principles embodied in this article have been
referenced and reinforced through various judicial decisions
1. Bandhua Mukti Morcha v. Union of India (1984): In this
case, the Supreme Court emphasised the need to ensure the
welfare of labourers and to implement the provisions relating
to labour welfare in the Constitution.
2. Maternity Benefit Act and Legal Interpretations: Various
judicial decisions have upheld and interpreted the provisions
of the Maternity Benefit Act, reflecting the objectives of
Article 42.
Impact on Labour and Social Welfare:
1. Protection of Workers’ Rights: Article 42 has played a
significant role in establishing and strengthening the legal
framework for the protection of workers’ rights in India.
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2. Maternity Benefits: The specific mention of maternity
relief in Article 42 has led to progressive policies ensuring
that women workers receive adequate maternity leave and
benefits, safeguarding their health and economic interests.
Challenges in Enforcement: Despite legal provisions, the
enforcement of laws related to workers’ rights and maternity
benefits remains a challenge, particularly in the unorganised
sector.
In summary, Article 42 of the Indian Constitution, while not
enforceable in a court of law, has been instrumental in shaping
the legal and policy framework regarding labour rights and
welfare in India. It reflects the constitutional vision of a humane
and just work environment, with specific provisions for maternity
relief. The effective implementation of the principles of Article
42 remains crucial for achieving social justice and equity in the
workplace.
Article 43
Article 43 of the Indian Constitution, embedded within the
Directive Principles of State Policy, is a visionary provision
that aims to elevate the living standards of workers across the
spectrum in India. It signifies a constitutional commitment to
building an equitable social order where workers in every sector
are assured of a decent living, work conditions, and opportunities
for social and cultural engagement.
Detailed Analysis of Article 43:
1. Living Wage Concept: Article 43 introduces the concept of
a ‘living wage’ for all workers, which is a step beyond the
‘minimum wage’. A living wage encompasses not just the
basic necessities of life but also ensures that a worker and
their family can live with dignity, which includes provisions
for health, education, and social security.
2. Decent Working Conditions: The article also emphasises
providing conditions of work that ensure a decent standard
of living. This isn’t limited to physical safety and health
but extends to ensuring reasonable working hours, periodic
holidays, and other factors contributing to a worker’s overall
well-being.
3. Social and Cultural Development: Uniquely, Article
43 acknowledges the importance of workers’ social and
cultural development. It implies that workers should have
opportunities for leisure and access to cultural and social
activities, contributing to their holistic development.
4. Scope and Applicability: The article broadly addresses
all workers—agricultural, industrial, or otherwise—
highlighting its universal applicability across diverse sectors
of employment.
5. Non-Justiciable Nature: As with other Directive Principles,
Article 43 is not enforceable in a court of law. However, it
serves as a guiding principle for state policy and lawmaking.
Landmark legislation influenced by Article 43
1. Minimum Wages Act, 1948: This Act was one of the earliest
attempts to address the issue of wage security for workers
in certain occupations. It sets the minimum wages that must
be paid to skilled and unskilled labourers.
29
 2. The Factories Act, 1948: This Act, amended multiple times,
ensures the health, safety, and welfare of workers in factories.
It regulates working hours, provides for weekly holidays, and
prescribes measures for occupational safety.
3. The Maternity Benefit Act, 1961: Inspired by the ethos
of Articles 42 and 43, this Act regulates the employment
of women during the period of childbirth and provides for
maternity benefits.
Judicial Interpretations and Influence:
While there are no direct landmark case laws on Article 43, its
principles have been cited in various judicial decisions:
1. Bandhua Mukti Morcha v. Union of India (1984): The
Supreme Court emphasised the state’s role in ensuring the
welfare of laborers. This case is significant in the context of
Article 43 as it highlights the responsibility of the state in
creating humane working conditions.
2. People’s Union for Democratic Rights v. Union of India
(1982): In this case, the Supreme Court held that the non-
payment of the minimum wage to the workers employed in
the Asiad Project in Delhi was a denial of their right to live
with basic human dignity and a violation of Article 21 of the
Constitution. This judgement indirectly upholds the spirit of
Article 43.
Implications and Challenges:
1. Policy Formulation and Implementation: Article 43 has
been critical in shaping labour policies in India. However,
its implementation varies, especially across different sectors
and states.
2. Challenges in the Unorganised Sector: A significant
challenge in realising the vision of Article 43 is the vast
unorganised sector in India, where labour laws and welfare
measures are often inadequately enforced.
3. Balancing Economic and Social Welfare: Implementing the
principles of Article 43 involves balancing economic growth
with social welfare. This balance is challenging, particularly
in a developing economy with competing priorities and
limited resources.
Impact on Labour Welfare
1. Legal Framework for Workers’ Rights: Article 43 has led
to the establishment of a comprehensive legal framework that
seeks to protect workers’ rights and ensure their welfare.
2. Living Wage and Quality of Life: The concept of a living
wage, though not universally applied, has influenced policy
discourse in India. There’s an increasing recognition of the
need for wages that support a decent standard of living.
3. Social and Cultural Opportunities: While progress in
this area is gradual, there’s a growing awareness about the
importance of providing workers with opportunities for social
and cultural enrichment.
4. Global Comparisons and Standards: The principles
enshrined in Article 43 also align with various international
labour standards and conventions, underscoring India’s
commitment to upholding global norms in labour welfare.
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In summary, Article 43 of the Indian Constitution, though not
enforceable through legal proceedings, plays a vital role in
guiding state policies towards ensuring fair wages, decent working
conditions, and the overall welfare of workers. Its implementation
is pivotal in achieving social justice and economic equity and in
realising the broader vision of the Indian Constitution to establish
a just and humane society. The challenges in their full realisation,
particularly in a diverse and developing economy like India’s,
underscore the need for continuous and concerted efforts from
both the state and society.
Article 44
Article 44 of the Indian Constitution is a significant directive
principle of state policy that advocates for the implementation
of a Uniform Civil Code (UCC) throughout the country. This
article falls under Part IV of the Constitution, which contains the
Directive Principles of State Policy.
Detailed Analysis of Article 44:
1. Uniform Civil Code (UCC): Article 44 states, “The State
shall endeavour to secure for the citizens a uniform civil code
throughout the territory of India.” This means the state shall
strive to replace the personal laws (based on the scriptures
and customs of each major religious community in India)
with a common set of rules governing every citizen.
2. Objective: The aim of the UCC is to consolidate diverse
personal laws into a unified legal framework, addressing
issues related to marriage, divorce, inheritance, adoption,
etc. It seeks to ensure equality and justice for all citizens,
irrespective of their religion.
3. Context: The concept of UCC is rooted in the idea of
promoting national unity and integrity and addressing the
fragmentation in the legal system due to varied personal laws.
4. Non-Justiciable Nature: Like other Directive Principles,
Article 44 is not enforceable in a court of law. These
principles are guidelines for the government in crafting
policies and laws.
Landmark Legislation and Judicial Interpretations
1. Shah Bano Case (1985): This landmark judgement by the
Supreme Court brought the debate over UCC into the national
spotlight. The court ruled in favour of granting alimony to
a Muslim woman, invoking Article 44 and suggesting the
implementation of a uniform civil code.
2. Sarla Mudgal Case (1995): In this case, the Supreme Court
reiterated the need for a UCC, observing that a common civil
code will help the cause of national integration by removing
contradictions based on ideologies.
Implications and Challenges:
1. National Integration and Equality: Proponents of UCC
argue that it would play a significant role in promoting
national integration and ensuring equality and justice across
all religions.
2. Religious and Cultural Sensitivities: The implementation of
UCC involves navigating through a complex web of religious
and cultural diversity in India. There is a concern that a UCC
might impinge upon religious freedom and minority rights.
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 3. Legal and Social Reform: The UCC is seen as a step towards
comprehensive legal and social reform, bringing uniformity
to laws governing personal matters and addressing gender
biases prevalent in some personal laws.
4. Balancing Uniformity and Diversity: The challenge lies
in formulating a UCC that respects India’s religious and
cultural diversity while ensuring uniformity in civil laws.
Impact and Ongoing Debate:
1. Legal Framework for Personal Laws: Currently, the
personal laws of various communities are governed by their
religious texts and customs. The UCC aims to bring these
under a single, secular framework.
2. Gender Justice: One of the key arguments in favour of
UCC is the promotion of gender justice. Critics of personal
laws, particularly in the context of certain practices, argue
that they discriminate against women.
3. Political and Social Dimensions: The UCC debate is not
just a legal issue but also a political and social one, with
various groups expressing support or opposition based on
their perspectives on secularism, national integration, and
minority rights.
In conclusion, Article 44 of the Indian Constitution is a directive
principle aimed at establishing a uniform civil code in India. While
it is not enforceable by law, it holds significant importance in the
discourse on legal, social, and gender reforms in the country. The
implementation of a UCC remains a complex and sensitive issue,
requiring a nuanced approach that balances the ideals of equality
and justice with India’s diverse religious and cultural fabric. The
debate over UCC continues to be a prominent and contentious
issue in India’s socio-political landscape.
Article 45
Article 45 of the Indian Constitution, under the Directive
Principles of State Policy, initially focused on providing early
childhood care and education for all children until they complete
the age of six years. This article has been a cornerstone in shaping
India’s education policy, especially concerning young children.
Detailed Analysis of Article 45 (Original and Amended
Text):
1. Original Text (Pre-86 th Amendment): The original
Article 45 stated, “The State shall endeavour to provide,
within a period of ten years from the commencement of
this Constitution, for free and compulsory education for all
children until they complete the age of fourteen years.” This
was a directive to the state to ensure the provision of free
and compulsory education to all children up to the age of
fourteen.
2. 86 th Constitutional Amendment (2002): The 86 th
Amendment in 2002 brought significant changes. It
introduced Article 21A in the Constitution, making the right
to education a fundamental right for children aged 6 to 14
years, and shifted the focus of Article 45 to early childhood
care and education for children below the age of six years.
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3. Revised Text (Post-86th Amendment): After the amendment,
Article 45 mandates the state to provide early childhood care
and education to all children until they reach the age of
six. This change underscored the importance of care and
education in the early years of a child’s life.
Legislative Impact and Judicial Interpretations:
1. The Right of Children to Free and Compulsory Education
Act (RTE), 2009: Following the 86th Amendment, the RTE
Act was enacted in 2009. It operationalized the fundamental
right to education for children between 6 and 14 years, in
line with Article 21A, and indirectly supports the objectives
of the revised Article 45.
Implications and Challenges:
1. Early Childhood Education: The focus on early childhood
care and education is crucial, as this period is pivotal for the
overall development of a child. Effective implementation
of this directive can significantly impact the cognitive,
emotional, and social development of children.
2. Inclusive and Quality Education: The challenge lies
in ensuring that early childhood education is inclusive,
accessible, and of high quality across different socio-
economic strata and regions of the country.
3. Infrastructure and Training: Adequate infrastructure for
early childhood education and well-trained educators are
essential for the effective implementation of Article 45.
4. Balancing Resources and Quality: Allocating sufficient
resources for early childhood education while maintaining
high standards of education is a significant challenge.
Impact and Ongoing Efforts:
1. Policy Formulation: The revised Article 45 has influenced
policy formulation concerning early childhood care and
education. Various policies and programs have been initiated
by the government focusing on pre-school education.
2. Anganwadi Centres under ICDS: The Integrated Child
Development Services (ICDS) scheme and Anganwadi
centres play a vital role in implementing early childhood
care and education, especially in rural and semi-urban areas.
3. Awareness and Participation: There has been an increasing
awareness of the importance of early childhood education
among parents and communities, leading to greater demand
and participation.
4. Collaboration with NGOs and the Private Sector:
Collaboration with NGOs and the private sector in providing
early childhood education has been observed, supplementing
the efforts of the government.
In conclusion, Article 45 of the Indian Constitution, especially
after its amendment in 2002, has been pivotal in shaping policies
and initiatives related to early childhood care and education in
India. The focus on this crucial developmental stage of a child’s
life is essential for laying a strong foundation for their future
growth and learning. The effective realisation of the goals of
Article 45 requires continuous and collaborative efforts across
various sectors, addressing challenges related to accessibility,
quality, and inclusivity in early childhood education.
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Article 46
Article 46 of the Indian Constitution is a directive principle that
plays a crucial role in addressing the educational and economic
interests of the weaker sections of society, particularly Scheduled
Castes (SCs) and Scheduled Tribes (STs). It falls under Part IV of
the Constitution, which outlines the Directive Principles of State
Policy.
Detailed Analysis of Article 46:
1. Focus on Weaker Sections: Article 46 directs the state to
promote the educational and economic interests of the weaker
sections of the people, especially the Scheduled Castes and
Scheduled Tribes. It aims to protect them from social injustice
and all forms of exploitation.
2. Educational Upliftment: The emphasis on education is a
recognition of its role as a critical tool for empowerment and
social change, particularly for communities that have been
historically marginalised.
3. Economic Development: Article 46 also focuses on the
economic betterment of these groups, acknowledging
that economic empowerment is essential for true social
upliftment.
4. Protection from Injustice and Exploitation: The article is
a safeguard against the social injustices and exploitation that
these communities have traditionally faced.
5. Non-Justiciable Nature: As with other Directive Principles,
Article 46 is not enforceable in a court of law but serves as
a guiding principle for making laws and policies.
Landmark Case Laws Related to Article 46:
There have been no direct landmark Supreme Court cases that
specifically interpret Article 46. However, several judgments have
implicitly recognized and reinforced the principles embodied in
this article:
1. State of Kerala v. N.M. Thomas (1976): While this case
primarily dealt with the interpretation of reservations in
public employment under Article 16(4), the judgement also
touched upon the state’s responsibility to take affirmative
action for SCs and STs, which aligns with the objectives of
Article 46.
2. Indra Sawhney v. Union of India (1992): Commonly known
as the Mandal Commission case, this landmark judgement
upheld the implementation of reservations in government
jobs for Other Backward Classes (OBCs), highlighting the
need for state intervention to uplift backward classes, which
is in the spirit of Article 46.
Implications and Challenges:
1. Policy Formulation and Implementation: Article 46 has
significantly influenced policies and programs aimed at the
upliftment of SCs, STs, and other weaker sections, including
affirmative action policies like reservations in education and
employment.
2. Balancing Social Equity and Merit: One of the major
challenges in implementing Article 46 has been balancing
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the need for social equity with the principles of merit and
efficiency, especially in education and public employment.
3. Overcoming Historical Injustices: The task of redressing
historical injustices and societal imbalances is complex and
ongoing, requiring sustained and dedicated efforts.
4. Measuring Impact: Assessing the effectiveness of policies
and programmes aimed at SCs and STs is crucial to ensuring
that the objectives of Article 46 are being met.
Impact on Social Welfare:
1. Reservations and Affirmative Action: Article 46 has
laid the foundation for various affirmative action policies,
including reservations in educational institutions and
government employment.
2. Educational Programmes and Scholarships: Various
educational programmes and scholarships have been instituted
specifically for SCs, STs, and other weaker sections, aiming
to provide them with better educational opportunities.
3. Economic Development Initiatives: The government
has launched numerous initiatives aimed at the economic
development of these groups, including skill development
programmes, financial assistance, and entrepreneurship
schemes.
In conclusion, Article 46 of the Indian Constitution is a vital
directive principle that guides the State in promoting the
educational and economic interests of the weaker sections of
society, particularly the Scheduled Castes and Scheduled Tribes.
While it is not enforceable in a court of law, it has significantly
influenced policy-making and legislative actions in India. The
realization of the objectives of Article 46 involves addressing
complex social and economic challenges and requires ongoing
efforts to ensure that the benefits of development reach these
marginalized communities.
Article 47
Article 47 of the Indian Constitution, as a directive principle of
state policy, mandates the state to focus on the improvement of
public health, emphasising the prohibition of intoxicating drinks
and drugs and the enhancement of nutrition and the standard of
living. This article plays a crucial role in shaping India’s health
and nutrition policies.
Detailed Analysis of Article 47:
1. Raising Nutrition and Standard of Living: The state is
tasked with improving the nutrition levels and standard
of living of its people. This encompasses a wide range of
initiatives, from ensuring food security to promoting healthy
lifestyles.
2. Prohibition of Intoxicants: Article 47 specifically addresses
the prohibition of intoxicating drinks and drugs, recognising
the negative impact of these substances on public health and
social welfare.
3. Non-Justiciable Nature: As with other Directive Principles,
Article 47 is not enforceable in a court of law but serves as
a guiding principle for the state in policy-making.
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Key Legislative Measures and Policies:
1. The National Health Policy: Various iterations of this
policy, including the latest in 2017, have focused on
increasing the public health budget, emphasising preventive
healthcare, and aiming to provide universal health coverage,
in line with the goals of Article 47.
2. The National Nutrition Policy, 1993: This policy focuses
on addressing nutritional deficiencies in the population,
particularly among children, women, and disadvantaged
groups.
3. Prohibition Laws: Several states in India, like Gujarat,
Bihar, and Nagaland, have implemented prohibition laws
to regulate or ban the sale and consumption of alcohol,
reflecting the directive of Article 47.
Specific Campaigns and Initiatives:
1. Integrated Child Development Services (ICDS): Launched
in 1975, this programme aims to improve the nutritional
and health status of children in the 0–6 age group and to
enhance the capability of the mother to look after the health
and nutritional needs of the child.
2. Mid-Day Meal Scheme: This school meal programme
aims to enhance the nutritional status of school-age children
nationwide and also to encourage poor children, belonging
to disadvantaged sections, to attend school more regularly
and help them concentrate on classroom activities.
3. National Health Mission (NHM): Including initiatives
like the National Rural Health Mission (NRHM) and the
National Urban Health Mission (NUHM), the NHM focuses
on establishing a fully functional, community-owned,
decentralised health delivery system.
4. Ayushman Bharat, Pradhan Mantri Jan Arogya Yojana
(PMJAY): Launched in 2018, this scheme aims to provide
health insurance to over 100 million families, targeting the
poor and vulnerable population.
Challenges and Critique:
1. Implementation and Enforcement: The effectiveness of
prohibition laws and policies promoting nutrition has been
mixed, with challenges in implementation and enforcement.
2. Balancing Economic and Health Interests: Policies
related to the prohibition of intoxicants often have to balance
public health interests with economic considerations, such
as revenue from alcohol sales and the livelihoods of those
employed in the industry.
3. Diverse Socio-economic Context: The diverse socio-
economic context of India makes uniform application of
health and nutrition policies challenging.
Conclusion:
In conclusion, Article 47 of the Indian Constitution, though not
enforceable in courts, has a profound influence on shaping India’s
health and nutrition landscape. It has led to the implementation of
various policies, campaigns, and initiatives aimed at enhancing
public health and nutrition. However, realising the objectives of
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Article 47 remains a complex task, requiring a nuanced approach
that balances public health priorities with socio-economic
realities. The continuous evolution and adaptation of policies
in response to emerging health challenges are crucial for the
effective realisation of the goals enshrined in this article.
Article 48
Article 48 of the Indian Constitution, part of the Directive
Principles of State Policy, is a provision that aims to direct
the state in developing policies and legislation concerning the
organisation of agriculture and animal husbandry on modern and
scientific lines, including the prohibition of the slaughter of cows,
calves, and other draft and milch cattle.
Detailed Analysis of Article 48:
1. Modernization of Agriculture and Animal Husbandry:
Article 48 encourages the state to promote modern and
scientific practices in agriculture and animal husbandry. This
includes the adoption of advanced technologies, improved
agricultural practices, and enhanced breeding techniques.
2. Prohibition of Cattle Slaughter: The article also emphasises
the prohibition of the slaughter of cows, calves, and
other milch and draught cattle. This aspect of the article
acknowledges both the cultural and religious sentiments
in India and the economic importance of these animals in
agrarian and dairy activities.
3. Non-Justiciable Nature: As a Directive Principle, Article 48
is not enforceable in courts but serves as a guiding principle
for the state.
Key legislative measures and policies influenced by
Article 48:
1. State-Level Cattle Slaughter Laws: In alignment with
Article 48, various Indian states have enacted laws regulating
or banning cattle slaughter. Examples include:
 The Karnataka Prevention of Cow Slaughter and Cattle
Preservation Act, 1964.
 The Maharashtra Animal Preservation Act, 1976.
 The Gujarat Animal Preservation Act, 1954.
2. National Policies for Agricultural Development: Policies
like the Green Revolution and subsequent agricultural
policies, which focused on increasing agricultural
productivity through modern techniques and high-yielding
variety seeds, reflect the spirit of Article 48.
3. Animal Husbandry Policies: Government initiatives like the
National Livestock Mission and the Rashtriya Gokul Mission
have been introduced to improve the quality of livestock and
promote scientific practices in animal husbandry.
Judicial Interpretations and Impact:
Supreme Court Judgements on Cattle Slaughter: The Supreme
Court of India, in cases like Mohd. Hanif Quareshi v. State of
Bihar (1958) and State of Gujarat v. Mirzapur Moti Kureshi
Kassab Jamat (2005), has deliberated on the constitutionality of
cattle slaughter laws, balancing the directive of Article 48 with
other constitutional provisions.
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Challenges and Critique:
1. Balancing Religious Sentiments with Dietary Practices:
The enforcement of cattle slaughter laws has to balance
religious sentiments with the dietary practices and livelihoods
of various communities.
2. Modernization vs. Sustainability: Modernising agriculture
and animal husbandry while ensuring environmental
sustainability and supporting small-scale farmers is an
ongoing challenge.
Impact on Society and Economy:
1. Agricultural Development: Article 48 has guided the
transformation and modernization of agricultural practices
in India, contributing to increased productivity and food
security.
2. Animal Husbandry Practices: This article has influenced
the development of improved animal husbandry practices,
focusing on better breed quality and increased milk
production.
3. Cultural and Economic Implications: The prohibition of
cattle slaughter as per this directive has cultural significance
and economic implications, particularly in the dairy industry
and leather trade.
In conclusion, Article 48 of the Indian Constitution has played
a pivotal role in shaping the policies and legislative framework
governing agriculture and animal husbandry in India. While
aiming to modernise and improve these sectors, it also incorporates
cultural and ethical considerations, particularly regarding the
slaughter of cattle. The implementation of this article reflects a
complex interplay of cultural, economic, and scientific factors.
Article 49
Article 49 of the Indian Constitution, part of the Directive
Principles of State Policy, focuses on the protection of monuments,
places, and objects of national importance. It specifically directs
the state to ensure that every monument, place, or object of artistic
or historic interest, declared by or under law made by Parliament
to be of national importance, is protected from spoilage,
disfigurement, destruction, removal, disposal, or export.
Detailed Analysis of Article 49:
1. Protection of Cultural Heritage: Article 49 emphasises
the state’s responsibility to protect monuments, places, and
objects that hold artistic or historical significance. This
reflects the constitutional recognition of the importance of
preserving India’s rich cultural and historical heritage.
2. Scope of Protection: The protection under this article extends
to preventing spoilage, disfigurement, and destruction, as
well as unlawful removal, disposal, or export of these items.
3. Non-Justiciable Nature: As with other Directive Principles,
Article 49 is not enforceable in a court of law. However, it
serves as a guiding principle for the state in making laws and
policies for cultural preservation.
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Key Legislative Measures and Policies
1. The Ancient Monuments and Archaeological Sites and
Remains Act, 1958: This Act provides for the preservation
of ancient and historical monuments, archaeological sites,
and remains of national importance. It lays down the legal
framework for the protection and conservation of these sites.
2. The Antiquities and Art Treasures Act, 1972: This Act
regulates the export trade in antiquities and art treasures,
providing measures to prevent smuggling and fraudulent
dealings in Indian art objects.
Relevant Judicial Decisions and Interventions:
1. Indian National Trust for Art and Cultural Heritage
(INTACH) vs. Union of India: This case involved the
protection and preservation of heritage buildings and
structures. The court’s decisions in such matters often
emphasise the importance of conserving cultural and
historical heritage, reflecting the ethos of Article 49.
2. M.C. Mehta vs. Union of India (Taj Mahal Case): In this
case, the Supreme Court issued directions to protect the
Taj Mahal from environmental pollution. The judgement
underscored the need for preserving monuments of historical
and cultural significance.
3. Goa Foundation vs. Sesa Sterlite Ltd. and Others: This
case involved issues related to mining and its impact on
cultural and natural heritage. The court’s decision highlighted
the importance of balancing industrial activities with the
protection of heritage.
These cases, although not directly interpreting Article 49,
demonstrate the judiciary’s role in upholding and promoting
the conservation of cultural and historical heritage in India. The
courts often take cognizance of the importance of preserving such
heritage for future generations, which aligns with the objectives
of Article 49.
Challenges and Critique
1. Balancing Development and Conservation: One of the
major challenges in implementing Article 49 is balancing
the need for urban development and infrastructure expansion
with the preservation of historical sites.
2. Funding and Maintenance: Adequate funding and proper
maintenance of historical sites and monuments remain a
challenge, often leading to their deterioration.
3. Public Awareness: Building public awareness and fostering
a sense of responsibility towards heritage conservation is
crucial for the effective implementation of Article 49.
Impact on Society and Culture
1. Preservation of Cultural Heritage: Article 49 has led to
the creation of laws that have played a significant role in
preserving India’s rich cultural and historical heritage.
2. Tourism Development: The protection of monuments and
heritage sites also contributes to the development of tourism,
which is an important economic activity in many regions.
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 3. Educational and Cultural Importance: Preserving
historical monuments and sites has educational value and
helps inculcate a sense of pride and identity among citizens.
In conclusion, Article 49 of the Indian Constitution underlines the
importance of protecting India’s cultural and historical heritage.
It has guided the formulation of laws and policies focused on
the conservation of monuments, places, and objects of national
importance. The effective implementation of this article involves
overcoming challenges related to development pressures, funding,
and public awareness. The preservation of these cultural assets is
crucial for maintaining the historical and aesthetic legacy of the
nation for future generations.
Article 50 of the Indian Constitution, part of the Directive
Principles of State Policy, calls for the state to take steps to separate
the judiciary from the executive in the public services of the state.
This principle is fundamental to maintaining the independence of
the judiciary, a cornerstone of democratic governance.
Detailed Analysis of Article 50
1. Separation of Judiciary from Executive: Article 50
advocates for the separation of the judiciary from the
executive branch of the government. This separation is
essential to ensure that the judiciary can operate without
any undue influence or pressure from the executive branch,
thereby upholding the rule of law and ensuring impartial
administration of justice.
2. Objective: The primary objective of this article is to prevent
any form of overlap or conflict of interest between the
legislative and judicial functions of the government. This
separation helps in maintaining the integrity and impartiality
of the judicial system.
3. Non-Justiciable Nature: As with other Directive Principles,
Article 50 is not enforceable in a court of law. However, it
serves as an important guideline for the state in structuring
its legal and judicial systems.
Legislative Measures and Policies
1. Code of Criminal Procedure (CrPC), 1973: The CrPC
provides a clear distinction between the powers of the police
(executive) and the judiciary. It lays down procedures for the
investigation, trial, and punishment of offences that ensure
minimal interference by the executive in judicial matters.
Judicial Interpretations and Impact
There have been several judicial decisions that reflect the spirit
of Article 50, underscoring the importance of an independent
judiciary:
1. All India Judges Association v. Union of India (1993): In
this case, the Supreme Court emphasised the need for the
complete separation of the judiciary from the executive,
highlighting the importance of judicial independence.
2. Anwar Ali Sarkar v. The State of West Bengal (1952): This
case underlined the necessity of an impartial and independent
judiciary for the proper administration of justice.
Challenges and Critique
1. Implementing Complete Separation: The full practical
implementation of separating the judiciary from the
executive is complex, particularly in the administrative
functions at the grassroots level.
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2. Overlapping Functions: There are areas where the functions
of the judiciary and the executive overlap, and finding the
right balance can be challenging.
Impact on Governance and Rule of Law
1. Strengthening the Judiciary’s Independence: Article
50 has guided legislative and administrative measures to
strengthen the independence of the judiciary, which is vital
for a fair and impartial legal system.
2. Public Confidence in Judiciary: The separation of judiciary
and executive helps in maintaining public confidence in the
judicial system, as it ensures that justice is administered
without any executive interference.
3. Rule of Law: Upholding the principle of separation of
powers as advocated in Article 50 is essential for the
maintenance of the rule of law in a democratic setting.
In conclusion, Article 50 of the Indian Constitution plays a critical
role in guiding the state to ensure the independence of the judiciary
by separating it from the executive branch. While the complete
practical separation presents certain challenges, the principle
itself is fundamental in maintaining the integrity, impartiality, and
efficiency of the judicial system, thereby strengthening the rule of
law and democratic governance in India.
Article 51
Article 51 of the Indian Constitution, under the Directive
Principles of State Policy, provides a framework for India’s
engagement in international affairs. It emphasises the promotion
of international peace and security, the fostering of respectful and
just relations between nations, adherence to international law, and
the resolution of international disputes through arbitration.
Detailed Analysis of Article 51:
1. Promotion of International Peace and Security: Article
51(a) advocates for the promotion of international peace and
security. It reflects India’s commitment to global peace and
the importance it places on maintaining a stable international
environment.
2. Just and Honourable Relations Between Nations: Under
Article 51(b), the state is encouraged to maintain just and
honourable relations with other nations. This clause guides
India’s diplomatic interactions and foreign policy decisions,
emphasising mutual respect and justice in international
relations.
3. Fostering Respect for International Law: Article 51(c)
calls for the state to respect international law and treaty
obligations. This underscores India’s commitment to the rule
of law on the international stage and its adherence to treaties
and conventions it has signed.
4. Encouraging Settlement of International Disputes by
Arbitration: Article 51(d) promotes the resolution of
international disputes through arbitration, reflecting India’s
preference for peaceful dispute resolution mechanisms.
5. Non-Justiciable Nature: These principles are not
enforceable in courts but serve as guiding principles for the
state’s policy-making, particularly in foreign affairs.
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Influence on Policies, Legislations, and International
Agreements:
1. India’s Foreign Policy: India’s foreign policy has been
shaped by the principles of Article 51, including its
commitment to non-alignment, peaceful coexistence, and
non-interference in the internal affairs of other nations.
2. United Nations Participation: India’s active role in the
United Nations and its agencies, including its contributions to
UN peacekeeping missions, aligns with Article 51’s emphasis
on international peace and security.
3. International Treaties and Agreements: India’s engagement
in various international treaties and agreements, such as the
Paris Agreement on climate change, the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT), and the World
Trade Organisation (WTO), demonstrates its commitment
to international law and treaty obligations.
4. Bilateral Relations: India’s bilateral relations, such as those
with its neighbors and other global powers, are often guided
by the principles of just and honorable relations and peaceful
resolution of disputes.
5. Nuclear Policy: India’s nuclear policy, including its doctrine
of “No First Use,” reflects a commitment to international
peace and security.
Challenges and Implementation:
1. Balancing National and International Interests:
Navigating the complexities of international relations while
maintaining national interests can be challenging, especially
in a rapidly evolving global political landscape.
2. Adherence to International Law: While India strives to
adhere to international law, there are instances where national
priorities have led to complex diplomatic situations, requiring
careful balancing of Article 51’s ideals with practical
considerations.
Impact on India’s Global Standing:
1. Reputation as a Peace-Loving Nation: India is often
perceived as a peace-loving nation committed to non-
aggression and peaceful coexistence, in line with the
principles of Article 51.
2. Leadership in International Forums: India’s adherence to
the principles of Article 51 has facilitated its role as a leader
in various international forums, particularly in the Global
South and among developing nations.
3. Diplomatic Challenges: Upholding the ideals of Article 51
can sometimes lead to diplomatic challenges, especially when
global or regional conflicts involve complex geopolitical
interests.
In conclusion, Article 51 of the Indian Constitution, while not
legally enforceable, significantly influences India’s foreign
policy and international relations. It reflects India’s commitment
to maintaining global peace and security, fostering just and
honourable relations with other nations, respecting international
law, and resolving disputes through peaceful means. The
implementation of these principles shapes India’s role and
image on the global stage, impacting its diplomatic relations and
international standing.
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Fundamental Duties
The Fundamental Duties in the Indian Constitution represent a set
of obligations that every citizen is expected to perform. Introduced
by the 42nd Amendment in 1976, these duties are outlined in
Article 51A, under Part IVA of the Constitution. Although they
are not enforceable by law, they are considered an essential part
of being a responsible citizen and contribute to the national spirit
and the smooth functioning of democracy in India.
List of Fundamental Duties (Article 51A):
1. To abide by the Constitution and respect its ideals and
institutions, the National Flag, and the National Anthem:
This duty emphasises respect for the Constitution and
national symbols.
2. To cherish and follow the noble ideals that inspired our
national struggle for freedom: This duty is about valuing
and upholding the principles that guided India’s freedom
movement.
3. To uphold and protect the sovereignty, unity, and integrity
of India: It mandates citizens to contribute to maintaining
the country’s sovereignty and territorial integrity.
4. To defend the country and render national service when
called upon to do so: This duty calls for citizens to be willing
to defend the nation if the need arises.
5. 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: This duty emphasises the importance of national
unity and respect for women.
6. To value and preserve the rich heritage of our composite
culture: It urges citizens to respect and conserve India’s
diverse cultural heritage.
7. To protect and improve the natural environment,
including forests, lakes, rivers, and wildlife, and to have
compassion for living creatures: This duty focuses on
environmental conservation and compassion for all life
forms.
8. To develop the scientific temper, humanism, and the spirit
of inquiry and reform: This duty encourages a rational,
inquisitive, and reformist mindset among citizens.
9. To safeguard public property and to abjure violence: This
involves protecting public property and denouncing violence.
10. 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: This duty
encourages citizens to excel in their respective fields for the
betterment of the nation.
11. To provide opportunities for education to his child or
ward between the ages of six and fourteen (added by
the 86th Amendment in 2002): This duty emphasises the
importance of providing education to children.
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Significance of Fundamental Duties:
1. Moral Obligations: These duties serve as moral obligations
for every citizen to help promote a spirit of patriotism and
to uphold the unity of the nation.
2. Balancing Rights with Duties: They emphasise that along
with the Fundamental Rights, citizens also have certain
responsibilities towards their country and society.
3. Guiding Citizens: The duties guide citizens in their conduct
and remind them of their responsibilities towards the nation
and fellow citizens.
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4. Legal Reference: Though not enforceable by law, these
duties are sometimes referred to in legal proceedings to
emphasise the importance of certain civic responsibilities.
Conclusion:
The Fundamental Duties in the Indian Constitution serve as a
reminder that citizenship comes with responsibilities as well as
rights. While they are not legally enforceable, they play a crucial
role in the functioning of a healthy democracy and the overall
development of the nation and its people. They reinforce the idea
of a participatory democracy where citizens are active contributors
to the nation’s welfare and progress.
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 Practise Questions
1. The Supreme Court’s ruling on the legality of the 2016 8. Freedom of expression is included in which article of the
demonetization scheme underlined the interpretation of Indian Constitution?
which section of the RBI Act? (a) Article 15 (b) Article 19
(a) Section 26(2) (b) Section 24(1) (c) Article 21 (d) Article 22
(c) Section 30(3) (d) Section 28(4)
9. The emergency provisions in the Indian Constitution are
2. A Constitution Bench of the Supreme Court ordered that borrowed from which country’s constitution?
the appointment of CECs and ECs be based on the advice
of which committee? (a) German Constitution (b) American Constitution
(a) Prime Minister, Leader of Opposition, CJI (c) French Constitution (d) Irish Constitution
(b) Prime Minister, President, CJI 10. In which year was the first amendment made to the preamble
(c) President, Home Minister, CJI of the Indian Constitution?
(d) Prime Minister, Home Minister, CJI (a) 1956 (b) 1951
3. The Supreme Court’s stance on legal recognition for same- (c) 1974 (d) 1998
sex marriages highlighted that: 11. The concurrent list in the Indian Constitution was adopted
(a) It’s a fundamental right. from which country’s constitution?
(b) It needs parliamentary amendment for recognition. (a) Russian Constitution
(c) It’s already recognised under current laws. (b) American Constitution
(d) It’s under state jurisdiction. (c) Australian Constitution
4. The 2019 move by the Union government to abrogate Article (d) French Constitution
370 was declared: 12. The principle of ‘Equality before the law’ in the Indian
(a) Unconstitutional Constitution is modelled on which country’s constitution?
(b) Constitutional (a) Britain (b) America
(c) In need of a referendum (c) Russia (d) Switzerland
(d) Pending review
13. The President’s rule in an Indian state can be continued at
5. In the power struggle between the Delhi government and a stretch for a maximum period of:
the LG, the Supreme Court ruled that:
(a) 4 years (b) 2 years
(a) LG has complete control.
(b) The Delhi government controls civil servants. (c) 3 years (d) 1 year
(c) The President decides. 14. The 44th Amendment Act of 1978 to the Constitution of
(d) The matter is unresolved. India:
6. The Supreme Court’s decision on the reproductive rights of (a) deleted the fundamental right to acquire, hold, and
unmarried women under the MTP Act included: dispose of property.
(a) Exclusion from abortion rights (b) introduced the fundamental right to free and compulsory
(b) Inclusion in abortion rights education.
(c) Limited rights based on marital status (c) Deleted Fundamental Right to Work.
(d) There was no recent judgement delivered by the Supreme (d) suspended the fundamental right to constitutional
Court on abortion rights, recently. remedies.
7. The right to privacy is contained in which article of the 15. Who declared a state of emergency in India under Article
Indian Constitution? 352 of the Constitution in 1975?
(a) Article 22 (b) Article 19 (a) Indira Gandhi (b) Giani Zail Singh
(c) Article 21 (d) Article 23 (c) Fakhruddin Ali Ahmed (d) Sanjay Gandhi.

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 Answer Key
1. (a) 2. (a) 3. (b)
6. (b) 7. (c) 8. (b)
11. (c) 12. (a) 13. (d)
Solutions
1. Correct option is (a): Section 26(2): The Court held that
this section confers the power to restrict banknotes of all
denominations
Incorrect option is (b, c, d): These sections were not central
to the court’s decision on the demonetisation issue.
2. Correct option is (a): Prime Minister, Leader of Opposition,
CJI.
Incorrect option is (b, c, d): These combinations do not align
with the actual judgement.
3. Correct option is (b): It needs parliamentary amendment for
recognition.
Incorrect option is (a, c, d): The court refused to declare
it a fundamental right and stated it’s not a matter of state
jurisdiction.
4. Correct option is (b): Constitutional.
Incorrect option is (a, c, d): The court did not declare it
unconstitutional, nor did it call for a referendum or leave it
pending.
5. Correct option is (b): The Delhi government controls civil
servants.
Incorrect option is (a, c, d): LG does not have complete control,
and the President’s role is not decisive in this context.
6. Correct option is (b): Inclusion in abortion rights: The court
expanded the scope of the MTP Act to include unmarried
women.
Incorrect option is (a, c, d): The judgement did not exclude
or limit unmarried women’s rights based on marital status.
7. Correct option is (c): Article 21.
Incorrect option is (a, b, d): These articles deal with other
rights and not specifically with privacy.
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4. (b) 5. (b)
9. (a) 10. (b)
14. (a) 15. (c)
8. Correct option is (b): Article 19.
Incorrect option is (a, c, d): These articles do not specifically
pertain to freedom of expression.
9. Correct option is (b): The German Constitution.
Incorrect option is (b, c, d): These countries’ constitutions did
not serve as a model for India’s emergency provisions.
10. Correct option is (b): 1951.
Incorrect option is (a, c, d): These years did not mark the first
amendment to the preamble.
11. Correct option is (c): the Australian Constitution.
Incorrect option is (a, b, d): These countries’ constitutions did
not influence the creation of India’s concurrent list.
12. Correct option is (a): Britain.
Incorrect: (b, c, d): These countries’ constitutions were not
the basis for this principle in India.
13. Correct option is (d): 1 year.
Incorrect option is (a, b, c): These durations do not match the
maximum period for the president’s rule.
14. Correct option is (a): deleted the fundamental right to acquire,
hold, and dispose of property.
Incorrect option is (b, c, d): These were not the changes
brought about by the 44th Amendment Act of 1978.
15. Correct option is (c): Fakhruddin Ali Ahmed.
Incorrect option is (a,` b, d): While Indira Gandhi’s government
recommended it, it was the President, Fakhruddin Ali Ahmed,
who officially declared the emergency.
39
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