Salient Features of the Indian

Constitution
By Diva Rai - December 30, 2019

Image source - https://bit.ly/37nyoMw

This article is written by M.S.Sri Sai Kamalini, a fourth-year

student currently pursuing B.A.LLB (Hons) from School of
law, SASTRA. This is an exhaustive article which deals with
the various salient features of the Indian Constitution.

Table of Contents

1. Introduction
2. The Lengthiest Constitution of the World
2.1. Establishment of a Sovereign, Socialist, Secular,
Democratic Republic
2.1.1. SOVEREIGNTY
2.1.2. SECULARISM
2.1.3. DEMOCRACY
2.1.4. SOCIALIST
2.1.5. REPUBLIC
2.1.6. JUSTICE
2.1.7. LIBERTY AND FRATERNITY
3. Parliamentary form of Government
3.1. Parliamentary v. Presidential System
4. A unique blend of rigidity and flexibility
 5. Fundamental Rights
5.1. Article 14
5.2. Article 15
5.3. Article 16
5.4. Article 17
5.5. Article 18
5.6. Article 19
5.7. Article 20
5.8. Article 21
5.9. Article 21A
5.10. Article 22
5.11. Article 23
5.12. Article 24
5.13. Article 25
5.14. Article 26
5.15. Article 27
5.16. Article 28
5.17. Article 29
5.18. Article 30
5.19. Article 31A
5.20. Article 32
6. Directive Principles of State Policy
7. A Federation with a strong centralising tendency
8. Adult suffrage
9. An Independent Judiciary
10. A Secular State
11. Single Citizenship
12. Fundamental Duties
12.1. Landmark Judgements on Fundamental Duties
13. Judicial Review
13.1. Landmark Judgements on Judicial Review
14. Conclusion
15. References

Introduction
The Constitution of India is a very dynamic creation of our
lawmakers. The Constitution of India as we all know is a
supreme law of the country and every citizen of our country
has to abide by the constitution.
The Lengthiest Constitution of the
World
The Indian Constitution is one of the lengthiest constitutions
in the world and it is also very detailed. There are 12
schedules and 448 articles in our Constitution. The Indian
Constitution has incorporated various articles by taking
inspiration from the various constitutions around the world.
As we all know, India is a very diverse country and it was
necessary to draft a long Constitution incorporating various
provisions in order to accommodate various differences. The
parent document for drafting the Indian Constitution was the
Government of India Act 1935, and that document itself was
very lengthy. The Constitution makers found it necessary to
incorporate various provisions to provide special attention to
States like Assam, Mizoram, and Nagaland. Various
provisions were also incorporated to uplift the Scheduled
Castes and Scheduled Tribes.

Establishment of a Sovereign,
Socialist, Secular, Democratic
Republic
The Preamble of our Constitution provides India to be a
Sovereign, Socialist, Secular, Democratic and Republic
Country. There are also various other terms in the Preamble
which ensure equality and protect people. The various other
terms are Justice, Liberty, Equality, and Fraternity.

SOVEREIGNTY
The term Sovereignty was incorporated in the Preamble to
provide supreme power to the Government. The term
Sovereignty is the backbone of our Indian Constitution that
protects the authority of the people. Sovereignty is an
essential factor of every State. The term “sovereignty” as
applied to states implies ‘Supreme, absolute, and
uncontrollable power by which any state is governed, and
which resides within itself, whether residing in a single
individual or a number of individuals, or in the whole body of
the people’. The Sovereignty in India is of two types:

Internal Sovereignty- The States have the power to

govern themselves and make laws in certain matters.

External Sovereignty- The Government is the supreme

authority and can acquire or cede any part of the territory
for proper reasons.

SECULARISM
It is mandatory to incorporate this term to promote peace
between various communities in our country. Secularism
promotes the development and unity of various religions.
The term “Secular” was added by the 42nd amendment in
the Preamble. In the case of S.R Bommai v Union Of India, it
was held that “in matters of State, religion has no place”
and also said that secularism is one of the basic features of
the Constitution. In the famous case of Indira Nehru Gandhi
vs Shri Raj Narain & Anr, held that the State shall not
discriminate against any citizen on the grounds of religion.

DEMOCRACY
Democracy is an ancient concept that is followed by many
south Indian rulers from time immemorial. Democracy
provides people with the power to govern. The
representative form of the Government is suitable for
governing our country due to the huge population. In the
case of Mohan Lal Tripathi vs District Magistrate, the
meaning of the term “Democracy” was discussed and
according to the case it was held that “Democracy is a
concept, a political philosophy an ideal which is practised by
many nations that is culturally advanced and politically
mature via resorting to governance by representatives of the
people elected directly or indirectly”. The main reason for
incorporating democracy is to provide freedom to the people
to choose their own representatives and to save them from
the tyrant leaders.

SOCIALIST
The system of socialism promotes equality among people
and ensures the welfare of people. The term “Socialist” was
incorporated by the 42nd amendment. The term Socialist
was discussed in the case of Samantha v State of Andhra
Pradesh, and according to the case,” the term socialist is
used to lessen the inequalities in income and status and to
provide equality of opportunity and facilities”. Many leaders
were interested in the concept of socialism, especially
Jawaharlal Nehru was very much interested in this concept
as he was inspired by the Russian Revolution. There were
also other famous leaders like Jay Prakash Narayan who
helped in the development of this concept. The concept of
Socialism expels capitalism which is considered a threat to
the economy. There were developments in economic policies
to promote the concepts of Socialism.
REPUBLIC
The concept of “Republic” was borrowed from the
Constitution of France. The term republic provides the
people power to elect their own representatives. The term
republic is the basis of our constitution as it ensures there
would be no hereditary rulers and also ensures that the
election would be happening in our country. The President of
India is an elected head of the State for a fixed tenure.

JUSTICE
The Preamble of the Constitution of India guarantees three
types of justice to its citizens like:
 Social Justice- The concept of social justice promotes
equal treatment of citizens and promotes the rule of law.
This term ensures that there would be no discrimination
among the citizens on different grounds. The fundamental
rights also provided in Part 3 of our Constitution also
ensures social justice.

Economic Justice- The concept of economic justice avoids

discrimination between genders, provides equal
opportunity to work, and ensures the equal distribution of
wealth.

Political Justice- This term provides all citizens to

participate in the political proceedings.

LIBERTY AND FRATERNITY

The term Liberty and Fraternity is provided in the Preamble
of the Indian Constitution. The term liberty and fraternity
was used in the French revolution.

Parliamentary form of Government

The Bicameral Legislature system is followed in our country.
The Unicameral legislature system is followed in countries
like Norway. The law making procedure is easy in the
unicameral legislature but the bicameral legislature is
effective as there would be a lot of discussions and
deliberations before making legislation. Articles 74 and
Article 75 is concerned with the Parliamentary system at the
centre and Article 163 and Article 164 is concerned with the
Parliamentary system at the states. Article 74 of the Indian
Constitution provides that there should be a Council of
Ministers with the Prime Minister and Council of Minister can
aid and advise the President. Article 75 of the Indian
Constitution deals with the other provisions relating to the
appointment of Ministers.
Parliamentary v. Presidential System
The Presidential form of Government is followed in countries
like the United States of America. The President is the head
of the State in the Presidential System of Government. The
Parliamentary system is preferred over the Presidential
system as it ensures the equal distribution of power and also
power is not within the hands of a single person. The
drafters of our constitution did not prefer the presidential
system as the executive and legislatures would become
independent of each other. The makers felt that this would
be an issue afterwards.

A unique blend of rigidity and

Nexibility
The Indian Constitution is neither rigid nor flexible, this is
also one of the reasons for its length. The famous example
of the rigid constitution is the Constitution of the U.S., and it
is known as a rigid constitution as the amendment process is
very difficult. The Indian Constitution is not very difficult to
amend, as the Constitution of The U.S.A. It has gone
through 103 amendments so far but there are certain steps
to be satisfied before bringing in the amendment. Thus the
Indian Constitution is a unique blend of rigidity and
flexibility.

To know more about what is the Constitution and historical

background of the Indian Constitution in brief, please refer
to the video below:

Fundamental Rights
Part III of the Indian Constitution deals with fundamental
rights.
Article 14
Article 14 of the Indian Constitution guarantees the right to
equality. Article 14 is applicable not only to citizens but also
to corporations and foreigners. According to this Article, it is
the duty of the state not to deny any person equality before
the eyes of the law and to provide them equal protection of
laws within the territory of India. The term “Equal protection
of laws” was discussed in the case of St.Stephen’s college
vs. The University of Delhi, according to this case it was said
that the state has to provide equal protection of laws to
every citizen and non-citizen in this territory and no one
should be denied such protection. In the case of Chiranjit lal
Chowdri vs Union of India, it was said that “there is no doubt
that Article 14 provides one of the most valuable and
important guarantees in the Constitution which should not
be allowed to be whittled down.” The concept of the rule of
law is incorporated in this Article. The concept of rule of law
was developed by Dicey. According to Dicey, there are three
main aspects of this rule of law,

Equality before the law.

Absence of arbitrary power and discrimination.

The importance is given to the rights of the individual.

Article 14 allows differentiation in certain situations when

there is an intelligible differentia, that there should be a
proper reason for differentiating. The differentia which has
been applied in the classification should have an essential
connection with the objective which is sought to be achieved
by the classification. Article 14 does not permit any class
legislation. The classification should be reasonable and the
persons in the same situation cannot be treated differently.
For example, the persons who are under 18 years of age are
incompetent to vote is a reasonable differentiation. In a
famous case, it was mentioned that the prisoners from India
and prisoners from Europe who are in Indian Jails convicted
for the same crime must be treated in the same manner.

Article 15
Article 15 prohibits discrimination on the grounds of caste,
race, religion, sex and place of birth. According to this
article, there should not be any discrimination in:

Accessing shops, public places, hotels and other public

places of entertainment.

The use of places of public resort-like wells and shops that

are maintained wholly or partly out of State funds or
dedicated to the use of the general public.

There are certain exceptions to this Article provided in

clauses 15(3) and 15(4). They are:

The State can make special laws for women and children
and those provisions should be for their betterment;

This Article will not prevent the state anyway from making
special provisions for the advancement of any socially or
educationally backward classes of citizens or for the
Scheduled Castes and Scheduled Tribes.

The Hon’ble Supreme Court, in the case of G.M. Southern

Railways v. Rangachari, held that Article 15(4) of the Indian
Constitution to be an exception to Article 15(1) and nothing
provided in the Article15(1) will affect the State from
making any special laws for the improvement of backward
classes of citizens. In the case of Dasaratha Rama Rao vs
State of Andhra Pradesh, it was held that Article 15 is a
particular application of the general right of equality
provided for in Article 14. The concept of gender equality
provided under Article 15 was also discussed in a case like
Vishaka vs the State of Rajasthan.

Article 16
Article 16 of the Indian Constitution guarantees equality of
opportunity in matters of public employment. In the case of
J.K v Triloki Nath Khosa, it was held that even though Article
16 provides equality of opportunity, the state can prescribe
all the necessary qualifications and tests that are necessary
for providing employment. In the case of M.R.Balaji vs
Mysore, the Court put a 50% limit on reservations in almost
all states except Tamil Nadu and Rajasthan.

Article 16(4) is a very important provision that allows the

state to make reservations of appointments for the
development of backward classes if they are not adequately
represented by the services of the state. The case of
Devadasan v Union of India is a landmark judgment which
discussed the scope of this Article. In this case, the validity
of the “carry forward rule” made by the government that is
used to regulate the reservation of employment was
discussed. The Supreme Court held that the carry forward
rule is not valid as reservation exceeds over 50 percent
because of this carry forward rule and it affects the other
classes of society.

Article 17
Article 17 of the Indian Constitution abolishes untouchability
and practising it in any form is forbidden. In Shastri
Yagnapurushdasji and Ors. v. Muldas Bhundardas Vaishya
and Anr., it was held that ‘untouchability is founded by
superstition, ignorance, complete misunderstanding of the
true teachings of Hindu religion’. In the famous case of the
State of Karnataka vs Appa Balu Ingale, it was noted that,
 Abolition of Untouchability is the arch of the Constitution
to make the preamble meaningful and to integrate the
Dalits in the national main-stream;

The practice of untouchability is the root cause for social

segregation, denial of opportunities for Dalits in the
educational, economic and cultural pursuits;

All customs, usages, practices directly or indirectly

recognizing or encouraging the practice of untouchability
in any form is void, as it is opposed to public policy;

The new Act “The Protection of civil rights 1955” was

brought out and it was said that the Act is an instrument
to enhance the civil, social, cultural, economic and
constitutional rights of the Dalits in addition to the rights
provided in the Constitutional provisions.

Article 18
Article 18 of the Indian Constitution abolishes the titles.
According to this Article, no Indian citizen can accept the
titles from any foreign states. The provision was brought out
to prevent discrimination. The awards like Bharat Ratna and
Padma Vibhushan awarded by the Indian Government do not
come under the titles so they can be accepted. The
aristocratic classes like Khan Bahadurs created by the British
were abolished under this Article.

Article 19
Article 19 of the Indian Constitution guarantees various
freedom like:
 Freedom of speech and expression;

To assemble peaceably and without arms;

To form associations or unions or co-operative societies;

To move freely throughout the territory of India;

To reside and settle in any part of the territory of India;

To practice any profession, or to carry on any occupation,

trade or business.

The freedom of speech under Article 19(1)(a) includes the

right to express one’s opinions on any issue through various
ways like pictures and films. It includes the freedom of
communication and the right to provide or publish opinions
and this right is subject to reasonable restrictions being
imposed under Article 19(2). In the case of Romesh Thapar
vs the State of Madras, it was held that freedom of
expression also includes the freedom of publication and
propagation. In the case of Government of India v. Cricket
Association of Bengal, it was held that freedom of speech
and expression also includes the right to acquire
information. There are also certain reasonable restrictions
provided for the freedom of speech and expression
guaranteed under Article 19(1). Article 19(2) provides those
restrictions. They are,

The statements made should not be defamatory.

The statements should not affect the interest of

sovereignty and integrity of India.

The statements should not affect any friendly relations

with the foreign states.

The statements should not affect public offence, decency

and morality.

The statements should not be in relation to the contempt

of court.
Article 20
Article 20 provides protection in respect of conviction for
offences. According to this Article:

No person shall be convicted of any offence except for

violation of a law in force at the time of the commission of
the Act considered as an offence, should not be subjected
to a penalty which is greater than that which might have
been inflicted under the law in force at the time of the
commission of the offence.

No person shall be prosecuted and punished for the same

offence more than once.(Double jeopardy).

No person accused of any offence shall be compelled to be

a witness against himself(Self-incrimination).

Article 20(1) provides protection against ex post facto laws

or retroactive laws. According to this provision, no person
can be punished for any offence that was not considered as
an offence when it was committed, and no person can be
awarded greater punishment. In the case of State Bank of
India vs T.J Paul, an employee working in Bank Of Cochin
was served with charge sheet but the bank was
amalgamated with the State Bank of India after a certain
time, and it was held that the person cannot be convicted
with the rules of State Bank and only the rules of Bank of
Cochin is applicable to him.

Article 20(2) provides the doctrine of double jeopardy which

means no person can be prosecuted and convicted twice for
the same offence. This principle is related to a legal maxim
“Nemo debet bis vexari” which means no person can be put
twice in peril for the same offence.

Article 20(3) provides protection against self-incrimination

and no accused can be compelled to be a witness against
himself.

Article 21
Article 21 of the Indian Constitution guarantees the
protection of life and liberty. Article 21 is an important right
that protects citizens and non-citizens. In the case of
Maneka Gandhi vs Union of India, it was stated that Article
21 also includes the right to live with human dignity. In the
case Peoples Union for Democratic Rights v. Union of India,
famously known as Asiad Workers Case, it was held that
non-payment of minimum wages to the workers employed
affects their right to life and their human dignity and it is
violative of Article 21. In the case of State of Maharastra vs
Public Concern for Governance trust, it was held that the
right to maintain a good reputation also comes under the
ambit of Article 21. In the case of Hussainara Khatoon vs
the State of Bihar, the right to a speedy trial also comes
under the ambit of Article 21.

Article 21A
Article 21A guarantees the right to free and compulsory
education to children aged 6 to 14 years. This provision was
added in the year 2002 by the Eighty-sixth amendment.

Article 22
Article 22 provides protection against detention in certain
cases. According to this Article:

No person who is arrested shall be detained in custody

without being informed of the grounds for his arrest.

No person arrested shall be denied the right to consult

and to be defended by a legal practitioner of his choice.

Every person who is arrested and detained in custody

shall be produced before the nearest magistrate within a
period of twenty-four hours of such arrest, excluding the
time necessary for the journey from the place of arrest to
the court of the magistrate and no such person shall be
detained in custody beyond the said period without the
authority of a magistrate.

Article 23
Article 23 provides the prohibition of traffic in human beings
and forced labour. Human trafficking is the illegal trade of
humans for the purposes of forced labour and sexual
slavery. In the Asiad workers case, it was held that the
persons working with low wages also come under the ambit
of forced labor. The offences mentioned in Article 23 have
been laid out in various enactments the Bonded Labour
Abolition Act of 1976 and the Child Labour (Prohibition and
Regulation) Act 1986. In the case of State of Gujarat and
Anr vs Honorable court of Gujarat, it was held that Article 23
must be always provided with a purposive interpretation.

Article 24
Article 24 prohibits the employment of children below
fourteen years of age in factories, mines or any other
hazardous form of employment. This provision is also
enforced under various legislations like the Factories Act as
it is necessary to protect young children from exploitation
and to provide them with proper education.

Article 25
Article 25 provides the Freedom of conscience and free
profession, practice and propagation of religion. The concept
of the secular state provided under the Preamble is
supported by this Article. In the case of Javed vs the State
of Haryana, while discussing the marriage practices like
polygamy it was mentioned that what was protected under
Article 25 was the religious faith and not a practice which
may run counter to public order, health or morality.
Polygamy was not an integral part of religion and monogamy
was a reform within the power of the State under Article 25.
The Supreme Court in M.P. Gopalakrishnan Nair and Anr. v.
State of Kerala and Ors. held that management of the
temple primarily is a secular act, even though the State
cannot interfere with the freedom of a person to profess,
practice and propagate his religion, the secular matters can
only be controlled by the State.

Article 26
Article 26 provides the freedom to manage its own religious
affairs. The various rights provided under the article are:

to establish and maintain institutions for religious and

charitable purposes;

to manage its own affairs in matters of religion;

to own and acquire movable and immovable property;

to administer such property in accordance with the law.

In the case of Sri Adi Visheshwara of Kashi Vishwanath
Temple’s case, the Supreme Court held that right to manage
the temple or endowment is not integral to religion or
religious practice and it is known that administration,
management and governance of the religious institution or
endowments are secular activities and State could regulate
them by appropriate legislation.

Article 27
Article 27 guarantees the freedom as to payment of taxes
for promotion of any particular religion.

Article 28
Article 28 guarantees the freedom as to attendance at
religious instruction or religious worship in certain
educational institutions. According to this section, any
person attending any educational institution that is
recognized by the State or receiving aid out of State funds
cannot be forced to be a part in any religious instruction that
may be provided in such an institution and cannot be forced
to attend any religious worship that may be conducted in
such institution or in any premises attached without the
consent of that person.

Article 29
Article 29 protects the interest of minorities. The minorities
who have a distinct language, script or culture of their own
have all rights to protect their identity. The minorities cannot
be denied admission in any educational institution that is
maintained by the State or receiving aid out of State funds
on grounds only of religion, race, caste, language or any of
them.
Article 30
Article 30 provides minorities with the right to establish their
own educational institutions and the State shall not
discriminate against any such minority institution while
providing grants.

Article 31A
Article 31A of the Indian constitution guarantees the person,
right to have a property and no person shall be deprived of
this right.

Article 32
Article 32 guarantees the right to constitutional remedies.
There are various constitutional remedies allowed under this
Article in the form of writs. If there is any violation of
fundamental rights, the aggravated person can approach the
Supreme Court under the rights provided by this Article. The
rights provided under this Article cannot be suspended. The
Constitution of India under Article 32 confers power on the
Supreme court to issue direction, award or writs. There are
five types of writs, that is appropriate to provide relief and
for enforcing fundamental rights.
 Habeas corpus- The term habeas corpus literally means
“bring the body”.This writ prevents unlawful detention
without any justification. The persons who are affected
can file an application in the Supreme Court under Article
32 and the court after verifying all the documents will
issue a writ of Habeas corpus which will mandate the
authorities to produce the persons before the Court.

Mandamus- The term Mandamus means “We command”.

The Court issues mandamus to any public authority and
commands them to do their duty or sometimes mandamus
is issued in order to refrain them from doing certain acts
which they are not authorized to do.

Prohibition- The writ of Prohibition is issued by the

Supreme Court in order to prohibit or stop the
proceedings in the inferior courts when the matter does
not come under their jurisdiction.

Quo warranto- The term Quo warranto means ‘What is

your authority?’ and as the name suggests this writ is
issued to question the authority of the officer doing certain
acts.

Certiorari- The term Certiorari means to “to certify” and

this writ is issued when there is any illegality in the
judgments passed by the inferior courts.

Directive Principles of State Policy

Part IV of the Indian Constitution deals with the Directive
Principles of State Policy. It is the duty of every State to
apply these principles while making any new legislation. The
Directive Principles of State Policy is similar to the
‘Instrument of Instructions’ that is in the Government of
India Act 1935. They are basically instructions to the
legislature and executive that has to be followed while
framing new legislation by the State. There are various
directive principles like,

The State shall 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 the national life.

The state should ensure that the citizens should have

adequate means of livelihood.

The state should make sure that the ownership and

control of material resources are equally distributed
among citizens.

The state should provide equal pay for equal work

irrespective of gender.

The state must also take care of the operation of the

economic system and should make sure it does not lead to
concentration of wealth.

The State shall provide free legal aid shall secure that the
operation of the legal system in order to promote justice.

The State shall take steps to organise village panchayats

and should encourage self-governance in villages.

The State shall make provision for providing just and

humane conditions of work and for maternity relief.

The State shall develop the educational and economic

interests of the weaker sections of the people like the
Scheduled Castes and the Scheduled Tribes, and can save
them from social injustice and all kinds of exploitation.

The State shall regard the raising of the level of nutrition

and the standard of living of its people in order to bring
improvement in public health.

The State shall bring out new scientific developments in

the field of agriculture and animal husbandry.
A Federation with a strong
centralising tendency
The famous salient feature of our Indian Constitution is that
it is a federation with a strong centralising tendency. The
constitution of India is neither federal nor unitary. The
reasons for calling the Indian Government unitary is that,

The division of powers is not equal. The centre has more

powers than the state that is evident from the fact that
the Union list contains more matters than the State list.

The federations like the U.S.A have rights to frame their

own constitution, which is not possible in India as the
entire country follows the Single constitution.

During the time of emergency, the states come under the

control of the Centre.

There is a single system of Courts which enforces both the

Central and State laws.

There is no equal representation of States in the houses of

Parliament which is not the same in federations like the
U.S.A.

The Indian Constitution is considered as federal for various

reasons like:

There is a written Constitution which is an essential

feature of every country following the federal system.

The supremacy of the constitution is always protected.

Thus the Indian Constitution can be described as quasi-

federal or a federation with a strong centralizing tendency.

Adult suffrage
The concept of Adult suffrage allows every citizen of our
country who is above eighteen years has the right to vote in
the elections. Any adult who is eligible to vote should not be
discriminated on any basis like gender, caste and religion.
This provision was added in the sixty-first amendment which
is also known as the Constitution Act, 1988. The accepted
age for voting was twenty-one before this amendment
afterwards it was changed to 18 years of age. Article 326 of
the Indian Constitution guarantees this right. There are also
certain disqualifications provided under Article like:

Non-residence;

Unsound mind;

Criminals who are indulged in the corrupt and illegal

practice.

The persons with these disqualifications are not accepted as

a registered voter and they are not allowed to cast votes in
the election.

An Independent Judiciary
The Judiciary ensures the proper functioning of the
constitution and the enforcement of various provisions of the
Constitution. The Constitution makers ensured that Judiciary
has to be independent so that it will not be biased. The
Supreme court is considered as the watchdog of democracy.
There are various provisions in the Article which ensures the
independence of the judiciary,

The appointment of Judges is independent and there is no

involvement of any executive authorities;

The tenure of Judges is secured;

The removal of judges from the tenure must be also based

on the constitutional provisions.
A Secular State
The term Secular State means that there is no separate
religion for the State and every religion is respected equally
in the State. The Preamble of the Indian Constitution itself
states that India has to be a secular state. The Fundamental
rights provide the citizens’ freedom to follow their own
religion and religious practices and no one can be forced to
follow any religion. The proposal of developing a uniform
civil code is also provided in the directive principles of State
policy in order to resolve the differences between various
religions, though it is not implemented still. Article 26 also
provides the right to manage their own religion in order to
prevent any intrusion. The Supreme Court has also held that
various religious denominations like Anandmargi though
they are not considered as separate religion will also enjoy
protection under Article 26.

Single Citizenship
There is no separate citizenship for the States and the
Centre like in various federal countries like the U.S.A. There
is single citizenship provided to our citizens. Part 2 of the
Indian Constitution, i.e. Article 5 to Article 11 of the Indian
Constitution deals with citizenship. The Citizenship Act, 1955
which was amended recently in 2019 also deals with
citizenship. Single citizenship allows the persons to enjoy
equal rights in various aspects across the country. According
to Article 5, it is clearly mentioned that the persons will be
considered as citizens of the territory of India, which
ensures that there would be only single citizenship. The
citizenship of Indians is largely determined by the principle
of jus sanguinis ( i.e. the citizenship is based on the
citizenship of the parents).
Fundamental Duties
Article 51A of the Indian Constitution provides various
fundamental duties. There are no specific provisions to
enforce fundamental duties in the Courts like the
fundamental rights but it is also necessary to follow the
fundamental duties. In the case of AIIMS Student Union vs
AIIMS, it was held that the fundamental duties are equally
important as the fundamental rights. There are various
duties provided to a citizen like:

To respect the Constitution and its ideals and to abide by

the provisions of the Constitution.

To cherish and follow the noble ideals which inspired our

national struggle for freedom.

To value the rich heritage of our country.

To defend our country when there is a necessity and to

render national service when called upon.

To protect the environment and carry out measures to

improve them.

To safeguard the public property.

To promote harmony and the spirit of a common

brotherhood.

Landmark Judgements on
Fundamental Duties
In the case of Rural Litigation and Entitlement Kendra v.
State of Uttar Pradesh, the court banned all the mining
activities in the Mussoorie hills as it was affecting the
environment and ecological balance, as it is one the
fundamental duty provided in Article 51 A.
 In the case of Mumbai Kamgar Sabha v. Abdulbhai, where
the court held that if the constitutionality of the Act is
challenged then the fundamental duties under Article 51 A
can be taken into consideration.

In the case of Ram Prasad v. State of Uttar Pradesh, the

fundamental duty of every citizen of India to strive
towards excellence in all spheres of individual and
collective activity provided under Article 51A was
discussed.

Judicial Review
The concept of judicial review is an essential feature of the
Constitution which helps the constitution to work properly.
The judiciary is considered to be the guardian of the
constitution, thus it is the duty of the judiciary to check the
actions that are violative of various articles in the
Constitution. The actions of various organs of the
government like executive and legislature can be questioned
by the judiciary using the judicial review. The judicial review
is an important check and balances in the separation of
powers. The court that is authorized with the power of
judicial review can invalidate any act that is violative of the
various basic features of the Constitution. Article 32 and
Article 136 of the Indian Constitution are the articles related
to the Judicial review in the Supreme Court. Article 226 and
Article 227 are related to the judicial review in the High
Court. The scope of judicial review is limited to three
grounds:

Unreasonableness and irrationality;

Illegality;

Procedural impropriety.

It is also a settled principle that there should be no judicial

review in policy matters, that the policy decision taken by
the State or its authorities is beyond the scope of judicial
review unless the decision is found to be arbitrary,
unreasonable or it is in contravention of the statutory
provisions or if it violates the rights of individuals
guaranteed under the statute. The policy decision cannot be
in contravention of the statutory provisions because if the
Legislature in its knowledge provides for a particular right,
the authority making a decision regarding the policy cannot
nullify the same. The same principle was also stated in the
case of Monarch Infrastructure (P) Ltd. v. Commissioner,
Ulhasnagar Municipal Corporation. In this case, it was said
that the court will not interfere in the matter of
administrative action or changes.

Landmark Judgements on Judicial

Review
In the case of Marbury v. Madison, the U.S Supreme Court
in the year 1803 declared that the legislative actions can
also be questioned by the judiciary even though there is
no separate provision in the constitution of the U.S.A
providing the power of judicial review.

In the case of Kesavananda Bharati vs. the State of

Kerala, even though the court after agreeing that the
Parliament is not restricted to amend the Constitution,
also put a caveat of the doctrine of the basic structure.
The Court observed that the constitutional amendments
have to be made only after considering the basic structure
of the Constitution.

In the case of A.K. Gopalan v. the State of Madras, it was

held that the law of preventive detention is subject to
such limited judicial review.
 In the case of State of Madras v. V.G. Row, while
discussing the importance of judicial review held that
judicial review, itself is a limitation on the supremacy of
the legislature, and it is a fundamental part of our
constitutional scheme and it is the duty of the court to
declare an enactment void if is in contravention to the
provisions of the Constitution.

In the case of Binoy Viswam v. Union of India, the scope

of judicial review of the legislative action was discussed in
detail.

In the case of Shayara Bano v. Union of India, it was said

that the Judicial review must be exercised with insight into
social values and to supplement the changing social
needs.

In the case of L.Chandra Kumar v. Union of India held that

the power of judicial review of the High Court under
Article 226 could not be excluded even by a Constitutional
Amendment.

In the case of Indian Express Newspapers (Bombay) Pvt.

Ltd. & Ors. v. Union of India & Ors, there was a judicial
review of subordinate legislation and the Court said that
subordinate legislation does not carry the same degree of
immunity that is provided for a statute passed by a
competent legislature.

In the case of State of Tamil Nadu v. P. Krishnamoorthy,

the court laid down various conditions for the judicial
review of subordinate legislation.

Conclusion
The Indian Constitution has a lot of salient features which
makes it special. The lawmakers have taken all the factors
into consideration and have tried to accommodate all the
differences in our Country. The Constitution and various
rights provided in the Constitution acts as a guardian to our
citizens.

References
https://blog.ipleaders.in/freedom-speech-expression/

https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf

https://blog.ipleaders.in/right-equality-article-14/

Students of Lawsikho courses regularly produce writing

assignments and work on practical exercises as a part of
their coursework and develop themselves in real-life
practical skill.

LawSikho has created a telegram group for exchanging legal

knowledge, referrals and various opportunities. You can click
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