Polity

Salient Features of Constitution

• Lengthiest written Constitution in the World.
• Originally(26 Nov 1949) constitution contained: 395 Articles, 22 parts, 8 Schedules.
• Presently itb contains: 470 Articles, 25 parts, 12 Schedules.
• part 7 has been deleted and new parts: IVA, IXA, IXB and XIV A has been added.
• Three tier of government exists in india: Union/Centre> State > Local Bodies
• India has a:
  • Federation with a Unitary bias
  • Federation with a Strong centre.
• India has a Parliamentary form of Government.

Schedules of Indian Constitution

Schedule 1

• Names of States and UTs and their territorial juridiction.

Schedule 2

• Provision related to emoluments and allowances of
  • President
  • Vice President
  • Governor
  • Speaker
  • Deputy Speaker(LA+LS)
  • Chairman
  • Deputy Chairman(RS+LC)
  • Judges(HC+SC)
  • CAG

Schedule 3

• Oaths and affirmation(Union + State)>
  • Ministers
  • MPs
  • MLA
  • Judges
  • CAG

Schedule 4

• Allocation of seats in Rajya Sabha

Schedule 5

• Provision relating to administration of schedule areas and schedule tribes.
  • Andhra Pradesh, Chhatisgarh, Maharashtra, Jharkhand, Madhya Pradesh, Gujarat, Himachal Pradesh, Odisha, Rajasthan, Telangana

Schedule 6

• Provisions relating to administration of tribe areas
  • Assam
  • Tripura
  • Megalaya
  • Mizoram

Schedule 7

• 3 lists containaing subjects in which Unuion and States can make laws
  • Union List
    • Defecnec, arms and ammunition, atomic energy, citizenship, Airways, inter-state trade and commerce, banking, insurance, foreign affairs, regulation of labour and mines, census
  • State List
    • Public order, local government, health, pilgrimage, liquor, agriculture, fisheries, betting and gambling
  • Concurrrent List
    • Marriage and divorce, insolvency and bankruptcy, trade and labour dispute, electricity, education, weights and measure.
  • Subjects Transferred through 42nd CAA> State list to Concurrent list
    • Education
    • Forests
    • Weights and Measure
    • Protection of Wild animals and birds
    • Administration of Justice

Schedule 8

• Official languages(14>22)
  • 21st CAA:: 1967: Sindhi
  • 71st CAA: 1992: Konkani, Nepali, Manipuri
  • 92nd CAA: 2003: Bodo, Dongari, Santhali, Manipuri
  • Classical languages:
    • Tamil, Sanskrit, telugu, Kanndda, Malyalam, Odia
    • Pali, Prakrit, marathi, bengali, Assamese

Schedule 9

• Provision related to land reform and Zamindari system
  • 1st CAA, 1951

Schedule 10

• Provision related to ldisqualification of MPs and MLAs on ground of defection
  • 52nd CAA, 1985

Schedule 11

• Provision relating to Panchayat
  • 73rd CAA, 1992, 29 functional matters

Schedule 12

• Provision relating to Mincipalities
  • 74th CAA, 1992, 18 functional Matter

Preamble

• It is an introductory statement in a Constitution, which states the reason and guiding values of the Constitution
• Tell us about the philisophy of the Constitution
• It was made after the Constitution was completed
• A modified version of objective resolution..
  • Introduced in: 13 Dec, 1946
  • Adopted in: 22 jan, 1947
• Comments of Preamble
  • “ID Card of Constitution” ~ NA Palkhivala
  • “Political Horoscope of Constitution” ~ KM Munshi

Part I: The Union and Its Territory (1–4)

Article 1

• India as a Union of States:
  • The Constitution declares that “India, that is Bharat, shall be a Union of States.”
  • The term “Union” signifies that the Indian federation is indestructible, meaning no state has the right to secede from the Union.
• The territory of India includes:
  • The States (currently 28 states).
  • The Union Territories (currently 8 Union Territories).

Article 2

• Powers of Parliament:
  • Parliament has the authority to admit new states into the Union.
  • Parliament can establish new states that were not originally part of India.
  • This provision allows India to incorporate territories it might acquire (e.g., Sikkim in 1975).

Article 3

• Parliament’s Authority:
  • Parliament has the power to:
    • Form new states by separating territory from an existing state or by uniting two or more states or parts of states.
    • Increase or diminish the area of any state.
    • Alter the boundaries of any state.
    • Change the name of any state.
• Procedure:
  • A bill proposing such changes must be introduced in Parliament only on the recommendation of the President.
  • The President must refer the bill to the legislature of the state(s) concerned for their views.
  • The state legislature’s opinion is not binding on Parliament.

Article 4

• It allows Parliament to make laws for admitting, establishing, or reorganizing states (Articles 2 and 3) and amending the First and Fourth Schedules without requiring a constitutional amendment, using only a simple majority.

• Examples:
  • Formation of states like Telangana (2014), Chhattisgarh (2000), and Uttarakhand (2000).
  • Changes to Union Territories such as the reorganization of Jammu & Kashmir and Ladakh (2019).

Part 2: Citizenship (5–11)

Article 5

• Citizenship at the Commencement of the Constitution
  • Describes who qualifies as a citizen of India on January 26, 1950.
  • A person is considered a citizen if:
    • They were born in India, or
    • Either of their parents was born in India, or
    • They had been ordinarily residing in India for at least 5 years before January 26, 1950

Article 6

• Rights of Citizenship for Persons Who Migrated from Pakistan
  • Grants citizenship to persons who migrated to India from Pakistan before July 19, 1948, if:
    • They were ordinarily resident in India since their migration.
  • For those migrating after this date, citizenship is granted if:
    • They registered with the government of India and lived in India for at least 6 months before registration.

Article 7

• Rights of Citizenship for Persons Who Migrated to Pakistan but Returned
  • Provides citizenship to individuals who migrated to Pakistan after March 1, 1947, but later returned to India under a permit of resettlement or return and resided in India.

Article 8

• Citizenship Rights for Indians Living Abroad
  • Grants citizenship to persons of Indian origin residing outside India (e.g., in foreign countries) if:
    • Their father or grandfather was born in India.
    • They register as citizens of India at an Indian diplomatic or consular office.

Article 9

• Loss of Citizenship
  • Any person who voluntarily acquires the citizenship of a foreign country loses their Indian citizenship.

Article 10

• Continuance of Citizenship
  • Confirms that individuals who are citizens of India will remain citizens, subject to any law made by Parliament regulating citizenship.

Article 11

• Parliament’s Power to Regulate Citizenship
  • Empowers Parliament to make laws regarding the acquisition, termination, and other matters related to citizenship.
  • The Citizenship Act, 1955 (and its amendments) governs current citizenship laws.

Part 3: Fundamental Rights (12–35)

Article 12

• Definition of “State”
  • The term State includes:
    • The Government and Parliament of India.
    • The Government and Legislature of each state.
    • Local authorities (municipalities, panchayats).
    • Other authorities controlled by the government.
  • Fundamental Rights are enforceable against these entities.

Article 13

• Laws Inconsistent with Fundamental Rights
  • Pre-Constitution Laws: Laws inconsistent with Fundamental Rights become void after the Constitution’s commencement.
  • Post-Constitution Laws: Laws made after the Constitution must conform to Fundamental Rights.
  • Judicial Review: Article 13 empowers the judiciary to strike down unconstitutional laws

Right to Equality (14–18)

Article 14

• Equality before the law
  • Equality Before the Law: This principle means that every person is equal in the eyes of the law, irrespective of their caste, religion, gender, etc. The State is not allowed to discriminate between individuals on any irrational grounds.
  • Rule of Law: The concept stems from the English common law and means that no person (whether a common citizen or a public official) is above the law.
  • Exception: The State can make special provisions for women, children, and backward classes under Article 15. This ensures affirmative action in their favor while still maintaining equality in the eyes of the law.

Article 15

• Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth
• Exceptions:
  • The State can make special provisions for women, children, and backward classes. For example, reservations in education, employment, and other areas are permissible under the Constitution.
  • The State can also make laws for the welfare of socially and educationally backward classes, which can include provisions such as reservations in government jobs and educational institutions.

Article 16

• Equality of Opportunity in Matters of Public Employment
  • Equal Opportunity: This article ensures that every citizen has an equal opportunity to participate in public employment and holds public office.
  • Non-Discrimination in Employment: No citizen can be discriminated against in terms of employment or promotion in public offices based on their religion, race, caste, sex, or place of birth.
  • Exceptions
    • The State may reserve certain posts for specific classes (e.g., backward classes, scheduled castes, and tribes).
    • The State may also provide special provisions for appointments to certain positions in the armed forces, where physical criteria may be different for different genders or other factors.

Article 17

• Abolition of Untouchability
  • Untouchability: This article abolished untouchability and forbids any form of discrimination based on caste. It explicitly states that:
    • Untouchability is illegal and has no place in the Indian society.
    • Practices of untouchability in any form are punishable by law.
  • Implementation: The Untouchability Offenses Act (1955), now replaced by the Protection of Civil Rights Act, 1955, punishes anyone practicing untouchability or forcing others to practice it.

Article 18

• Abolition of Titles
  • Titles: Article 18 prohibits the State from granting any titles to its citizens. The purpose of this provision is to ensure that people are not honored with any aristocratic or nobility titles, which could lead to distinctions of social status.
  • Exceptions
    • Military and academic distinctions (such as Sir, Duke, Baron, etc.) are not prohibited. For example, honorary military ranks or degrees (like Doctor, Professor) are allowed.
  • Prohibition: No citizen can hold any title that confers upon them a privileged or noble status.

Right to Freedom (19–22)

Article 19

• Protection of Certain Rights Regarding Freedom of Speech, etc.
• This article guarantees 6 fundamental freedoms to all citizens of India:
  • Freedom of Speech and Expression: Citizens have the right to express their opinions freely, but this right is not absolute and can be restricted in the interest of public order, security of the state, decency, or morality.
  • Freedom of Assembly: Citizens can assemble peacefully and without arms. However, this right can be restricted for maintaining public order or to protect public safety.
  • Freedom of Association: Citizens have the right to form associations or unions. The freedom can be restricted for matters relating to the sovereignty and integrity of India.
  • Freedom of Movement: Citizens have the right to move freely throughout India. However, this right can be restricted by the government for reasons like public safety or foreign relations.
  • Freedom of Residence: Citizens can reside and settle in any part of India. This right can also be restricted for the protection of the interests of the Scheduled Tribes or for any lawful purpose.
  • Freedom of Profession, Occupation, Trade, or Business: Every citizen has the right to practice any profession, carry out any trade or business. Restrictions can be placed on the exercise of these freedoms by laws relating to professional qualifications or reasonable restrictions in the public interest.
  • Restrictions
    • The rights mentioned above are not absolute. The State can impose reasonable restrictions on the exercise of these freedoms on the following grounds:
      • Security of the State
      • Friendly relations with foreign States
      • Public order
      • Decency or morality
      • Contempt of court
      • Defamation
      • Incitement to an offense

Article 20

• Protection in Respect of Conviction for Offenses
  • Article 20 provides protection against arbitrary or unfair punishment. It lays down three important protections for individuals accused of offenses:
    • Protection Against Ex Post Facto Law (No Retrospective Punishment): No person can be punished for an act that was not an offense when committed. In other words, a law cannot punish someone for an act that was not a crime at the time of the act.
    • Protection Against Double Jeopardy: No person shall be tried and punished twice for the same offense, i.e., double jeopardy is prohibited.
    • Protection Against Self-Incrimination: No person can be compelled to be a witness against themselves. This means that the accused cannot be forced to confess or provide evidence that may incriminate them.

Article 21

• Protection of Life and Personal Liberty
  • This is one of the most important fundamental rights in India, as it guarantees the right to life and personal liberty to every person, and not just citizens. The scope of this article has been expanded through various judicial interpretations over time:
    • Right to Life: It is not limited to mere animal existence but includes the right to live with dignity. This has been interpreted by the courts to include a variety of rights such as the right to clean air, healthcare, education, and livelihood.
    • Personal Liberty: No person shall be deprived of their personal liberty except by procedure established by law. This means that a person cannot be detained or arrested without a legal basis and proper procedures.

Article 22

• Protection Against Arrest and Detention in Certain Cases
  • Article 22 ensures that no person can be arrested and detained unlawfully. It provides the following protections:
    • Right to be Informed of Reasons for Arrest: Every person who is arrested must be informed of the reasons for their arrest and must be allowed to consult a legal practitioner of their choice.
    • Right to be Produced Before a Magistrate: A person arrested must be produced before a magistrate within 24 hours of their arrest, who can decide whether the detention is justified or not.
    • Right to be Released on Bail: Except in cases of preventive detention, the arrested person is entitled to apply for bail.
    • Preventive Detention: Preventive detention laws allow the government to detain an individual without trial to prevent them from committing any future offenses. However, this detention cannot exceed 3 months without obtaining the opinion of an Advisory Board.
    • Detention Without Trial: Article 22 allows preventive detention laws that can detain someone for up to 3 months without trial but only under special laws, such as for national security or public order.

Right Against Exploitation (23–24)

Article 23

• Prohibition of Traffic in Human Beings and Forced Labour
  • This article prohibits human trafficking and forced labor in India. It is designed to protect individuals from being exploited in any form of slavery or servitude.
    • Human Trafficking: The article bans trafficking in human beings, i.e., buying, selling, or exchanging human beings for the purposes of exploitation.
    • Forced Labour: The practice of forced labor (where a person is made to work against their will without adequate compensation) is prohibited.
    • Exception: The article allows forced labor in certain cases of prisoners who may be required to work as part of the prison system (such as prison labor for public works). This is subject to fair remuneration and proper conditions.

Article 24

• Prohibition of Employment of Children in Factories, etc.
  • This article prohibits the employment of children below the age of 14 in factories, mines, or other hazardous employment. The aim is to ensure that children are not exploited and are allowed to grow and learn in a safe environment.
    • Prohibition of Child Labor: Children cannot be employed in any industry or in dangerous work, ensuring their protection from exploitation and abuse.
    • Child Welfare: The article supports policies that promote the health, safety, and well-being of children by restricting their involvement in work that may harm their physical, mental, and emotional development.

Right to Freedom of Religion (25–28)

Article 25

• Freedom of Conscience and Free Profession, Practice, and Propagation of Religion
  • This article guarantees the right to freedom of religion and the freedom of conscience. It provides individuals the right to:
    • Freedom of Conscience: Every individual has the right to follow and profess any religion of their choice.
    • Freedom to Practice Religion: The right to practice and propagate one’s religion and religious beliefs freely is guaranteed.
    • Freedom to Propagate: This includes the right to spread religious beliefs or persuade others to follow a particular religion.
    • Reasonable Restrictions: The State can impose restrictions on the freedom of religion to ensure public order, morality, and health. The right to propagate religion cannot be used for forcible conversion.

Article 26

• Freedom to Manage Religious Affairs
  • This article guarantees the right of religious denominations or sects to manage their own affairs, including the establishment and maintenance of places of worship.
    • Right to Manage Religious Institutions: Religious groups have the autonomy to manage their own religious affairs, including establishing places of worship, managing religious schools, and managing funds and resources.
    • Reasonable Restrictions: This right is subject to restrictions imposed by law that might be required to maintain public order, morality, and health.

Article 27

• Freedom as to Payment of Taxes for Promotion of Any Particular Religion
  • This article prohibits the State from using public funds to promote any religion. Citizens cannot be forced to pay taxes for the promotion or maintenance of any religious institution.
    • Prohibition of Religious Taxation: The State cannot levy a tax specifically to support any religion or religious practice.
    • Secularism: This ensures that the State remains neutral in religious matters and does not use public funds for religious purposes.

Article 28

• Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions
  • This article ensures that students are not forced to participate in religious activities in educational institutions that are funded by the State.
    • Right of Students: Students attending any educational institution maintained by the State have the freedom not to attend any religious instruction or worship unless they wish to.
    • Exception: This does not apply to institutions established for the promotion of a particular religion (e.g., a religious school or a religious organization).

Cultural and Educational Rights (29–30)

Article 29

• Protection of Interests of Minorities
  • Article 29 provides protection to the cultural and educational interests of minorities in India.
    • Cultural Rights: Any section of citizens residing in India with a distinct language, script, or culture has the right to conserve its culture.
    • Educational Rights: Minorities have the right to establish and administer their own educational institutions.
    • Non-Discrimination: The article ensures that no citizen can be denied admission to an educational institution on the basis of religion, race, caste, language, or any other discriminatory grounds.

Article 30

• Right of Minorities to Establish and Administer Educational Institutions
  • This article gives minorities the right to establish and run their own educational institutions.
    • Protection for Minorities: Minorities (based on religion or language) have the right to establish educational institutions of their choice. This is an essential provision for promoting cultural diversity and preserving minority cultures and languages.
    • State Control: The State cannot discriminate against minority institutions in terms of their grants or other support provided to them.

Article 31[Repealed]

• Article 31 was originally related to the right to property, which provided protection against arbitrary deprivation of property. However, it was repealed by the 44th Amendment Act of 1978. The right to property is now a legal right under Article 300A.

Right to Constitutional Remedies (32)

Article 32

• Remedies for Enforcement of Rights Conferred by this Part
  • Article 32 is considered the “heart and soul” of the Constitution by Dr. B.R. Ambedkar. It guarantees the right to move to the Supreme Court for the enforcement of fundamental rights.
    • Writ Jurisdiction: The Supreme Court can issue writs (such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto) to enforce fundamental rights.
    • Direct Access: It provides a direct remedy to individuals if their fundamental rights are violated.
    • Right to Constitutional Remedies: If any individual’s fundamental rights are violated, they have the constitutional right to approach the Supreme Court for protection and remedy.

Article 33

• Power of Parliament to Modify the Rights Conferred by this Part in Their Application to Armed Forces
  • Article 33 allows Parliament to modify the application of fundamental rights for members of the armed forces, paramilitary forces, and police forces.
    • Modifications: This is done in the interest of discipline and security of the armed forces, but any modification must still be consistent with the principle of justice.

Article 34

• Restriction on Rights Conferred by this Part While Martial Law is in Force in Any Area
  • Article 34 allows for the suspension of certain rights when martial law is declared in a specific area.
    • Martial Law: If the army is deployed to maintain law and order during an emergency, certain rights may be restricted or suspended to maintain discipline and authority in the affected area.

Article 35

• Legislation to Give Effect to the Provisions of this Part
  • Article 35 gives Parliament the power to make laws to enforce the provisions of Part III (Fundamental Rights).
    • Legislative Power: This article empowers Parliament to make laws to specify the rights mentioned in Part III and to implement them.

Part 4: DPSP(36-51)

• The Directive Principles of State Policy (DPSP) are outlined in Part IV (Articles 36 to 51) of the Indian Constitution. These principles are meant to guide the State in the formulation of policies aimed at promoting social and economic welfare. Unlike Fundamental Rights, the DPSPs are non-justiciable, meaning they cannot be enforced by a court of law. However, they are fundamental in the governance of the country and are intended to create a framework for social justice and an egalitarian society.
• Comments on DPSP
  • “NOVEL FEATURES/Resemble the instrument of instruction as contained in GOI Act 1935” ~BR Ambedkar
  • “Principles which would further the goal of social exclusion” ~Granville Austin
  • “Manifesto of aims and aspiration” ~K. C. Wheare
  • “Cheque payable by the bank at its own convenience” ~K.T. Shah
  • “Moral Percepts for the authority of state.” ~B.N. Rau

Article 36

• Definition of State

Article 37

• Application of DPSP
  • Explanation: This article makes it clear that the DPSPs are not enforceable by the courts. However, they are fundamental in the governance of the country and must be followed by the State while making laws.
  • Purpose: While not legally enforceable, the DPSPs are a directive to guide the State in making laws and policies aimed at promoting the welfare of the people.

Article 38

• State to Secure a Social Order for the Promotion of Welfare of the People
  • The State is tasked with promoting the welfare of the people by securing a social order that ensures justice-social, economic, and political. The government must ensure that justice and equality are accessible to all citizens.

Article 39

• Certain Principles of Policy to be Followed by the State
  • This article lays down several important policies that the State should follow to achieve social justice and economic welfare:
    • Article 39(a): The State shall ensure that adequate means of livelihood are available to all citizens.
    • Article 39(b): The ownership and control of material resources must be distributed to serve the common good.
    • Article 39(c): The State should ensure that the operation of the economic system does not result in the concentration of wealth and power in the hands of a few.
    • Article 39(d): Equal pay for equal work for both men and women.
    • Article 39(e): Protection of children and youth from exploitation and moral and material abandonment.
    • Article 39(f): The State shall promote the educational and economic interests of backward classes, including scheduled castes and tribes.

Article 40

• Organization of Village Panchayats
  • This article directs the State to take steps to organize village panchayats and grant them the necessary powers and authority to enable them to function as units of self-government.

Article 41

• Right to Work, Education, and Public Assistance
  • The State shall make provisions for right to work, education, and public assistance in case of unemployment, old age, sickness, and disablement.

Article 42

• Provision for Just and Humane Conditions of Work and Maternity Relief
  • The State shall ensure just and humane conditions of work and maternity relief for workers.

Article 43

• Living Wage, etc., for Workers
  • The State should aim to secure a living wage for workers, a decent standard of living, and social and cultural opportunities for them.

Article 44

• Uniform Civil Code for the Citizens
  • The State shall endeavor to secure a Uniform Civil Code (UCC) for the citizens throughout the territory of India.

Article 45

• Provision for Free and Compulsory Education for Children
  • The State shall endeavor to provide free and compulsory education for all children up to the age of 14 years.
  • This aims to ensure that every child receives a basic education, laying the foundation for social mobility and national progress. (The Right to Education Act was later enacted to make this provision justiciable.)

Article 46

• Promotion of Educational and Economic Interests of Scheduled Castes, Scheduled Tribes, and Other Weaker Sections
  • The State shall promote the educational and economic interests of the Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections of society.

Article 47

• Duty of the State to Raise the Level of Nutrition and Standard of Living and to Improve Public Health
  • The State shall work towards raising the level of nutrition, standard of living, and improving public health.

Article 48

• Organization of Agriculture and Animal Husbandry
  • The State shall organize agriculture and animal husbandry on modern and scientific lines.

Article 48(A)

• Protection and Improvement of Environment and Safeguarding of Forests and Wildlife
  • The State shall endeavor to protect and improve the environment, safeguard forests, and protect wildlife.

Article 49

• Protection of Monuments and Places of National Importance
  • The State shall protect and maintain places of national importance, such as monuments, buildings, and areas of cultural significance.

Article 50

• Separation of Judiciary from Executive
  • The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 51

• Promotion of International Peace and Security
  • The State shall strive to promote international peace and security, maintaining just and honorable relations with other countries.