INDIAN CONSTITUTION Introduction
INDIAN CONSTITUTION Introduction
The Preamble of the Indian Constitution outlines the core objectives that guide the
functioning of the nation:
1. Justice (social, economic, and political): It aims to ensure fairness and equality in
society, economy, and politics.
2. Liberty of thought, expression, belief, faith, and worship: It guarantees fundamental
freedoms to all citizens.
3. Equality of status and opportunity: Ensures equal treatment and opportunities for all
citizens.
4. Fraternity promoting unity and integrity: Encourages a sense of brotherhood and
national unity.
Regarding amendability, the Preamble can be amended under Article 368. However, the
Supreme Court in the Kesavananda Bharati case (1973) ruled that although the Preamble
can be amended, the "basic structure" of the Constitution, like justice, democracy, and
secularism, cannot be altered.
Sure! Here's a 4-mark answer suitable for VTU regarding the role of the Constituent
Assembly in making the Indian Constitution:
The Constituent Assembly played a vital role in drafting the Constitution of India. It was
formed in 1946 and consisted of 299 members. The key steps in its contribution were:
1. Formation and Composition: The Assembly was composed of representatives from
British India and princely states, tasked with framing a democratic Constitution.
2. Deliberation and Drafting: The Assembly held 11 sessions over nearly 3 years,
debating and deliberating over crucial provisions like fundamental rights, the
structure of government, and justice.
3. Leadership: Dr. B.R. Ambedkar chaired the Drafting Committee, with contributions
from leaders like Jawaharlal Nehru, Sardar Patel, and Maulana Azad.
4. Adoption of the Constitution: On November 26, 1949, the Constitution was
adopted, coming into effect on January 26, 1950.
Sure! Here's an 8-mark answer suitable for VTU regarding the salient features of the
Indian Constitution and how it differs from other Constitutions of the world:
The Indian Constitution is one of the longest and most detailed constitutions in the world,
containing provisions to ensure justice, equality, and freedom for all its citizens. Below are
the key features:
○ India follows the parliamentary system, with the Prime Minister as the head
of government and the President as the ceremonial head of state. This
system is similar to that of the UK but differs from presidential systems like
the USA, where the President holds executive power.
5. Fundamental Rights:
○ The Indian judiciary is independent and has the power of judicial review,
which allows the courts to strike down unconstitutional laws. This feature
ensures the Constitution’s supremacy and the protection of rights, setting it
apart from some systems where the judiciary is less powerful.
8. Single Citizenship:
○ India follows a parliamentary system like the UK, where the executive is
drawn from the legislature, in contrast to the presidential system of the
USA, where the President is directly elected and holds substantial executive
power.
5. Fundamental Rights and DPSPs:
○ While many countries have similar fundamental rights, India pairs them with
Directive Principles of State Policy that provide a framework for social
welfare, unlike the US Constitution, which focuses mainly on rights without
such guiding principles.
In summary, the Indian Constitution combines the best of both worlds: federalism with a
strong central government, detailed provisions for justice, secularism, and a unique system
of Directive Principles aimed at social and economic transformation. It balances tradition
and modernity, making it distinct from other constitutions globally.
The Indian Constitution is unique and designed to address India’s diversity. Its salient
features are:
○ India is a secular state, meaning there is no official religion, and all religions
are treated equally under the law.
4. Fundamental Rights and Directive Principles:
Fundamental Rights are the basic human rights that are guaranteed by the Constitution
of India to ensure individual liberty, equality, and protection from discrimination. These rights
are enshrined in Part III of the Indian Constitution (Articles 12-35) and are justiciable,
meaning they can be enforced by the courts. The purpose of these rights is to protect the
dignity of the individual and promote social justice.
○ Article 14 ensures equality before the law and equal protection of the laws.
○ Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or
place of birth.
○ Article 16 ensures equality of opportunity in matters of public employment.
○ Article 17 abolishes untouchability, making it an offense.
○ Article 18 abolishes titles, except those conferred by the military or academic
institutions.
2. Right to Freedom (Articles 19-22):
○ Article 32 provides the right to move the Supreme Court to seek enforcement
of Fundamental Rights.
○ Dr. B.R. Ambedkar called Article 32 the "heart and soul" of the Constitution
because it empowers citizens to approach the courts if their rights are
violated.
1. Justiciability:
○ These rights are not absolute and can be restricted under certain
circumstances such as during national emergencies, in the interest of
public order, or for reasonable restrictions.
3. Equality and Protection:
1. Nature:
In conclusion, Fundamental Rights are justiciable rights ensuring individual freedoms, while
Directive Principles of State Policy are non-justiciable guidelines to foster social welfare
and economic justice.
The Constitution of India provides specific safeguards to protect individuals from arbitrary
arrest and detention under Article 21 and Article 22.
1. Article 21 – Protection of Life and Personal Liberty:
In summary, the Indian Constitution provides protection against arbitrary arrest and
detention by ensuring legal procedures are followed and by granting the right to challenge
unlawful detentions, safeguarding individual liberty.
Article 51A of the Indian Constitution outlines the Fundamental Duties of citizens. These
duties are incorporated to promote a sense of responsibility and moral conduct among the
citizens. The key duties include:
1. Respect the Constitution and follow its ideals and institutions.
2. Cherish and follow the noble ideals of freedom struggle.
3. Promote harmony and the spirit of common brotherhood among all people of India.
4. Preserve the rich heritage of the nation's culture.
5. Protect and improve the natural environment.
6. Develop scientific temper, humanism, and the spirit of inquiry.
7. Safeguard public property and avoid violence.
8. Provide opportunities for education to children aged 6 to 14 years.
9. Abide by the Constitution and respect national symbols.
These duties encourage responsible citizenship but are not justiciable (cannot be enforced
by courts).
Article 368 of the Indian Constitution deals with the procedure for amendment. The
procedure for amending the Constitution is as follows:
2. Procedure:
The Fundamental Duties of citizens, listed in Article 51A, play a crucial role in
strengthening the democratic fabric and moral responsibilities of the Indian citizenry.
Their significance includes:
1. Encouraging Responsible Citizenship: They remind citizens of their duties toward
society, nation, and fellow individuals.
2. Fostering National Integration: The duties promote unity, national pride, and a
sense of brotherhood among diverse communities.
3. Safeguarding Public Interest: They encourage citizens to respect the
Constitution, preserve cultural heritage, and contribute to public welfare.
4. Balancing Rights and Duties: While Fundamental Rights empower citizens,
Fundamental Duties ensure they act responsibly in society and the state.
11. Writs Issued by the High Court
The High Court in India has the power to issue several writs under Article 226 of the
Constitution. The writs available are:
1. Habeas Corpus: A writ to demand a person be brought before the court, typically
used when someone is unlawfully detained.
2. Mandamus: A writ commanding a public authority or lower court to perform a duty it
is obligated to do.
3. Prohibition: A writ issued to a lower court or tribunal to prevent it from acting outside
its jurisdiction.
4. Certiorari: A writ issued to quash an order or decision made by a lower court or
tribunal that has acted beyond its jurisdiction or authority.
These writs protect the rights of individuals and ensure the proper functioning of authorities
and institutions.
The President of India is the ceremonial head of the state and holds a significant position in
the Indian Constitution. While the President’s powers are largely discretionary and exercised
on the advice of the Council of Ministers, the office has specific executive, legislative,
judicial, diplomatic, and emergency powers.
1. Executive Powers:
● Head of the Executive: The President is the head of the executive branch of the
government, and all executive actions are carried out in the President's name.
● Appointments: The President appoints the Prime Minister, Council of Ministers,
Judges of the Supreme Court and High Courts, Governors of States, and key
officials like the Attorney General, Comptroller and Auditor General.
● Armed Forces: The President is the Supreme Commander of the Indian Armed
Forces, though actual control is exercised by the Prime Minister and the Defence
Minister.
● Pardoning Powers: The President has the power to grant pardons, reprieves,
respites, and remissions of punishment, or to commute sentences in certain cases
(Article 72).
2. Legislative Powers:
3. Judicial Powers:
● Appointments of Judges: The President appoints the Chief Justice and other
judges of the Supreme Court and High Courts.
● Judicial Review: While the President does not have direct judicial powers, the
decisions of the Supreme Court on constitutional matters are binding.
● Pardoning Powers: As mentioned earlier, the President can grant pardons,
reprieves, and commutations to those convicted of offenses, especially in cases
involving the death penalty.
4. Diplomatic Powers:
● Foreign Relations: The President represents India in international forums and has
the power to send and receive ambassadors and high commissioners. All
international treaties and agreements are made in the President's name.
● War and Peace: The President has the power to declare war or conclude peace
treaties, although decisions are typically made on the advice of the Prime Minister
and the Cabinet.
5. Emergency Powers:
6. Discretionary Powers:
● While the President’s powers are usually exercised on the advice of the Council of
Ministers, there are certain situations where the President may act discretionarily.
These include cases like:
○ In the appointment of the Prime Minister when no party has a clear
majority in the Lok Sabha.
○ Dissolving the Lok Sabha if the ruling government loses a vote of
confidence.
Conclusion:
The President of India is a key figure in the Indian political system, holding extensive
powers. While many of these powers are exercised on the advice of the Prime Minister and
the Council of Ministers, the President’s role in decision-making is crucial, especially during
emergencies or situations requiring independent judgment. The presidential powers are
balanced by the democratic principles of the Constitution, ensuring that the President acts in
harmony with the government elected by the people.
The Supreme Court of India has original, appellate, and advisory jurisdiction:
○ The Supreme Court has the authority to hear cases directly related to
disputes between the Government of India and one or more states, or
between two or more states (Article 131).
2. Appellate Jurisdiction:
○ The Court hears appeals from lower courts in civil, criminal, and
constitutional matters. This includes appeals against judgments from High
Courts.
3. Advisory Jurisdiction:
○ The President can seek the advice of the Supreme Court on legal matters of
public importance (Article 143). Though advisory, the opinion holds significant
weight.
4. Other Jurisdictions:
○ The Court can also hear cases on fundamental rights and provide judicial
review of laws or executive actions.
1. Habeas Corpus: A writ that orders the release of a person who has been unlawfully
detained.
2. Mandamus: A writ directing a public authority to perform its duty.
3. Prohibition: A writ preventing a lower court or tribunal from acting outside its
jurisdiction.
4. Certiorari: A writ issued to quash the decision of a lower court or tribunal that has
acted beyond its jurisdiction.
5. Quo Warranto: A writ asking a person to show under what authority they hold a
public office.
1. Members of Parliament (MPs): Both Lok Sabha and Rajya Sabha.
2. Members of State Legislative Assemblies (MLAs): Elected members of the state
assemblies.
Appointment:
● The President appoints the Chief Justice and other judges of the Supreme Court.
● The appointment is made based on the recommendations of the Prime Minister and
the Chief Justice of India.
Qualifications:
Disqualifications:
The Directive Principles of State Policy (DPSPs), enshrined in Part IV of the Constitution,
are guidelines for the government to promote the welfare of the people. Their relevance
includes:
1. Social and Economic Justice: They guide the government in making policies for
the reduction of poverty and inequality.
2. Foundation for Lawmaking: DPSPs direct the legislature to enact laws promoting
education, health, and public welfare.
3. Complementary to Fundamental Rights: While fundamental rights ensure
individual freedoms, DPSPs guide the government to provide the conditions
necessary for their effective enjoyment.
4. Long-term National Goals: They provide a vision for a just and equitable society,
though non-justiciable.
19. Judicial Activism and Its Implications in India
Judicial Activism refers to the proactive role of the judiciary in interpreting the law and the
Constitution. Its implications in India are:
1. Expansion of Rights: Courts have expanded the scope of fundamental rights,
such as the right to clean environment and right to education.
2. Public Interest Litigations (PILs): The judiciary encourages citizens to bring public
interest issues to court, even if they are not personally affected.
3. Checks on Government Power: Judicial activism acts as a check on the executive
and legislature, ensuring they do not violate the Constitution.
4. Concerns: Critics argue that it sometimes leads to judicial overreach, where the
judiciary interferes excessively in matters better handled by the legislature or
executive.
The Advocate-General of the State is the chief legal advisor to the state government. Key
points:
1. Original Jurisdiction: It has the authority to resolve disputes between the Central
Government and States or between states (Article 131).
2. Appellate Jurisdiction: It hears appeals from High Courts and other courts in civil,
criminal, and constitutional matters.
3. Advisory Jurisdiction: It can give legal opinions to the President under Article 143.
4. Judicial Review: The Court has the power to review laws and government actions to
ensure they comply with the Constitution.
Qualifications:
1. Citizen of India.
2. Must be at least 25 years of age.
3. Should be registered as a voter in any Assembly constituency in the state.
Disqualifications:
The NHRC is an independent body set up to protect and promote human rights in India.
1. Composition: It consists of a chairperson and other members who are experts in
various fields, such as law and social issues.
2. Functions:
○ Investigate violations of human rights.
○ Recommend measures for protection and promotion of human rights.
○ Can approach the Supreme Court in case of violations.
○ The House of the People consists of 545 members, elected directly by the
people.
○ Functions: Lawmaking, approving the budget, and controlling the executive.
Article 368 outlines the procedure for amending the Constitution. Parliament has the power
to amend the Constitution, either by a simple majority or a special majority, depending on
the nature of the amendment.
● Amendment Process:
1. The Bill must be introduced in either House of Parliament.
2. It must be passed by a special majority.
3. Some amendments require ratification by states (e.g., affecting federal
structure).