Salient

features of
the Indian
Constitution
The Indian Constitution, adopted in 1950, is a comprehensive legal framework
that governs the largest democracy in the world. It embodies the vision of the
framers, ensuring justice, liberty, equality, and fraternity for its citizens. The
Constitution is a blend of rigidity and flexibility, incorporating elements from
various global models while also catering to the unique socio-political
landscape of India. Below is a detailed exploration of its salient features.
The
Preamble
The Preamble to the Indian Constitution serves as an introductory statement,
setting the tone, vision, and goals of the Constitution. It reflects the core
values and aspirations that the framers of the Constitution sought to achieve
for independent India. Though not legally enforceable, the Preamble has
played a significant role in judicial interpretation and constitutional debates,
including landmark judgments by the Supreme Court of India.
Origin and Significance of Preamble
The Preamble draws inspiration from several sources, particularly the
Objectives Resolution drafted by Jawaharlal Nehru in 1946, which laid down
the guiding principles for the Indian Constitution. It also incorporates
elements from various global models, including the U.S. Constitution.

While the Preamble itself does not confer any legal rights, it provides a
framework for understanding the values embedded in the Constitution and
has been used by the judiciary in interpreting and enforcing constitutional
provisions.
Origin and Significance of Preamble
Key example: In the famous Kesavananda Bharati case (1973), the Supreme
Court recognized the Preamble as a part of the Constitution and ruled that it
reflects the “basic structure” of the Constitution.
Text of the Preamble
“We, the people of India, having solemnly resolved to constitute India into a
Sovereign Socialist Secular Democratic Republic and to secure to all its citizens:
● Justice: Social, economic, and political;
● Liberty: Of thought, expression, belief, faith, and worship;
● Equality: Of status and opportunity;
● Fraternity: Assuring the dignity of the individual and the unity and integrity of
the Nation;
In our Constituent Assembly this twenty-sixth day of November 1949, do hereby
adopt, enact and give to ourselves this Constitution.”
Key Components of the
Preamble
"We, the People of India" – Popular Sovereignty
The opening words emphasize that the Constitution derives its authority from
the people of India, establishing the principle of popular sovereignty. It
signifies that the people are the ultimate source of power in the democratic
framework of India.

Example from Indian context:

This principle was upheld in the Kesavananda Bharati case when the Supreme
Court stated that the sovereignty of the people is a cornerstone of the Indian
Constitution.
“Sovereign”
The term Sovereign signifies that India is free from external control and has
supreme authority over its internal and external affairs. It asserts that India is
not subordinate to any external authority, whether colonial or otherwise.

Context in Indian Foreign Policy:

India's non-alignment during the Cold War, as well as its current strategic
autonomy in international relations, reflect its sovereign decision-making
power in global affairs.
“Socialist”
The term Socialist was added to the Preamble through the 42nd Amendment
Act (1976) during the Emergency period. It reflects the vision of achieving
social and economic equality and eliminating disparities through state
intervention in the economy.
Example:
The directive principles under Part IV of the Constitution, like Article 39(b) and
(c), focus on the equitable distribution of wealth and resources. Social welfare
schemes like the National Rural Employment Guarantee Act (NREGA) and the
Public Distribution System (PDS) reflect the socialist orientation of the state.
“Secular”
The term Secular was also introduced by the 42nd Amendment Act. It implies that
India has no state religion and guarantees freedom of belief, worship, and faith for
all its citizens. The state is expected to treat all religions equally without favor or
discrimination.
Indian Context:
The Indian model of secularism is unique, as it ensures equal treatment of all
religions, rather than the strict separation of church and state seen in Western
secularism. Cases like S.R. Bommai vs Union of India (1994) reaffirmed the secular
nature of India and declared that any government that seeks to undermine
secularism can be dismissed.
“Democratic”
The term Democratic indicates that the people elect their representatives and
the government is accountable to them. It includes both political democracy
(through free elections) and social democracy (through equality and justice).

Indian Context:
India is the world’s largest democracy, where elections are held at regular
intervals for the Parliament and state legislatures. Institutions like the Election
Commission of India play a crucial role in ensuring the smooth functioning of
India’s democratic process.
“Republic”
The term Republic signifies that India does not have a hereditary monarchy.
Instead, it has an elected head of state, i.e., the President, who is indirectly
elected for a fixed term of five years.

Example from Indian context:

The President of India, as the head of state, represents this republican
feature. Unlike a monarchy, where leadership is passed down through
heredity, the Indian President is elected by an Electoral College.
Objectives of the
Preamble
Justice: Social, Economic, and Political
The concept of justice in the Preamble is threefold:
● Social Justice: Aims to eliminate discrimination based on caste, religion, gender, and
other forms of inequality.
● Economic Justice: Seeks to bridge the gap between the rich and the poor through
equitable distribution of resources.
● Political Justice: Guarantees that all citizens have an equal voice in the political
process, primarily through universal adult franchise.
Indian Context:
Various laws and welfare schemes, such as reservation policies for Scheduled Castes and
Tribes (SC/ST) and economic inclusion schemes like Jan Dhan Yojana, are rooted in the idea
of social and economic justice.
Liberty: Of Thought, Expression, Belief, Faith, and
Worship
The Preamble ensures that individuals enjoy freedom in matters of thought,
expression, and religious faith. It forms the foundation of Fundamental Rights
(Articles 19 and 25-28) that guarantee freedom of speech and religion.
Example from Indian Context:
Landmark judgments such as Maneka Gandhi vs Union of India (1978)
expanded the scope of liberty, emphasizing the need for a fair, just, and
reasonable law when dealing with individual freedoms.
Equality: Of Status and Opportunity
The Preamble guarantees equality, both in terms of status (legal equality) and opportunity
(socio-economic equality). This principle is reflected in the Fundamental Rights (Articles
14-18) that prohibit discrimination on grounds of religion, race, caste, gender, and place of
birth.

Example:
Article 15 prohibits discrimination, and Article 17 abolishes untouchability, which played a
crucial role in uplifting marginalized communities in India. The concept of reservation for
SCs, STs, and OBCs in education and employment is rooted in the idea of equality.
Fraternity: Assuring the Dignity of the Individual and the
Unity and Integrity of the Nation
The concept of fraternity seeks to promote a sense of brotherhood among
citizens and emphasizes the dignity of the individual as well as the unity and
integrity of the nation.
Example from Indian Context:
The Preamble’s focus on fraternity became critical during times of communal
strife, such as the 1984 anti-Sikh riots and the 2002 Gujarat riots, when the
judiciary and civil society played significant roles in restoring harmony.
Preamble as a tool for
interpretation of the Constitution
Though the Preamble is not legally enforceable, it is often used as an interpretive
tool by the judiciary to understand and clarify the provisions of the Constitution.
Judicial Interpretation:
● Kesavananda Bharati vs State of Kerala (1973): The Supreme Court held that
the Preamble is a part of the Constitution and cannot be amended in a way that
alters the "basic structure" of the Constitution.
● Minerva Mills vs Union of India (1980): The Court reiterated that the Preamble
reflects the basic structure and any attempt to alter its essential features would
be unconstitutional.
Amendability of the Preamble
The Preamble was amended only once, by the 42nd Amendment Act (1976),
which added the words "Socialist," "Secular," and "Integrity" to reflect the
changing political landscape during the Emergency period. This amendment
was challenged in courts, but the Supreme Court upheld the changes, noting
that the basic structure remained intact.
Indian model of
Secularism
Conceptual understanding of Secularism
Secularism refers to the principle of separating religion from the affairs of the
state and ensuring that no religion is given preferential treatment by the
government. However, the Indian model of secularism is distinct from the
Western, particularly French or American, models. In India, secularism is not
about the complete exclusion of religion from public life but about
maintaining a principled distance from all religions.
Western v/s Indian model of Secularism
● Western Secularism: In countries like the United States and France, secularism
implies a strict separation between religion and the state. The state does not
intervene in religious affairs, and religion is kept entirely out of public life.

● Indian Secularism: The Indian model allows for the state to engage with and even
regulate religious matters to ensure social justice, equality, and harmony. The state,
however, does not have its own religion and ensures equal respect for all faiths.
Example from Indian Context:
In India, the state intervenes in religious matters to address issues of social justice, such
as the abolition of untouchability (Article 17) and reform of personal laws like the
banning of triple talaq for Muslim women in 2019.
Role of Fundamental Rights
Article 14 ensures equality before the law and prohibits discrimination on grounds
of religion, race, caste, sex, or place of birth.
Article 15 prohibits discrimination on grounds of religion, ensuring that all citizens
enjoy equal access to public spaces and institutions.
Article 25 guarantees the freedom of conscience and the right to freely profess,
practice, and propagate any religion, subject to public order, morality, and health. It
also allows the state to regulate secular activities related to religion, such as
economic, financial, or political activities.
Article 26 grants every religious denomination the right to manage its own religious
affairs, establish and maintain institutions, and own and administer property,
subject to public order and morality.
Role of Fundamental Rights
Article 27 prohibits the state from compelling any person to pay taxes for the promotion or
maintenance of any religion.
Article 28 ensures that no religious instruction is provided in any educational institution
wholly maintained by state funds. However, educational institutions managed by religious
groups can provide religious instruction.
Example from Indian Context:
The protection of minority educational institutions under Article 30 is a significant feature of
Indian secularism. Schools like Aligarh Muslim University and St. Stephen's College benefit
from these constitutional protections.
Features of Indian
Secularism
Equal Respect for All Religions (Sarva Dharma
Sambhava)
A defining feature of Indian secularism is Sarva Dharma Sambhava, meaning equal
respect for all religions. Unlike Western secularism, which focuses on strict
separation between religion and the state, Indian secularism advocates for the
peaceful coexistence of all religions, with the state maintaining a neutral stance and
not promoting any one religion over another.
Example from Indian Context:
India celebrates religious diversity by declaring holidays for festivals of different
religions—Diwali, Eid, Christmas, and Guru Nanak Jayanti are all recognized national
holidays. This reflects the inclusive nature of Indian secularism.
State's Intervention for Social Reform
The Indian Constitution allows the state to intervene in religious matters if required
to ensure social justice and equality. This is reflected in the abolition of
untouchability (Article 17), Hindu Marriage Act (1955), and Muslim Women
(Protection of Rights on Marriage) Act (2019), which criminalized triple talaq.
Example:
The Sabarimala verdict (2018), where the Supreme Court allowed women of all ages
to enter the Sabarimala temple in Kerala, is an example of how the state can
intervene in religious practices to uphold constitutional principles of equality and
non-discrimination.
Protection of Religious Minorities
The Indian Constitution provides special safeguards for religious minorities.
This includes the freedom to manage religious institutions and protection of
educational and cultural rights.
Example:
Under Article 30, minority communities have the right to establish and
administer their own educational institutions. This provision is essential for
safeguarding the educational and cultural rights of minorities such as
Muslims, Christians, and Sikhs.
Judicial Interpretation and
Secularism
a) Kesavananda Bharati Case (1973): The Kesavananda Bharati case is a landmark
decision where the Supreme Court established the doctrine of the basic structure of
the Constitution. Secularism was declared part of this basic structure, meaning it
cannot be amended or altered by Parliament.
b) S.R. Bommai vs Union of India (1994): In the S.R. Bommai case, the Supreme
Court affirmed that secularism is a basic feature of the Constitution and that any
attempt by a state government to promote religion could be considered a violation
of the Constitution. This case clarified that secularism implies the equal treatment of
all religions and that no religion can have a privileged status under the Constitution.
c) Aruna Roy vs Union of India (2002): In this case, the Supreme Court clarified that
teaching about religion and the values of tolerance, harmony, and understanding
between religious groups is not inconsistent with secularism. It reaffirmed that
secularism in India means equal respect and recognition for all religions, rather than
the exclusion of religion from public life.
Challenges to Indian
Secularism
a) Communalism: Communal tensions and violence between religious communities
pose a significant threat to secularism in India. Incidents like the Gujarat riots (2002)
and Muzaffarnagar riots (2013) challenge the state’s ability to maintain religious
harmony and equality.
b) Politicization of Religion: The use of religion for political gains has been a
recurring issue in Indian politics. Religious symbols and sentiments are often
exploited for electoral purposes, leading to polarization and undermining the secular
fabric of the nation.
c) Personal Laws: The coexistence of different personal laws for various religious
communities, such as Hindu, Muslim, and Christian personal laws, often leads to
inconsistencies and challenges in achieving a uniform legal system. The Uniform Civil
Code debate remains a contentious issue in the context of secularism.
Secularism in Practice:
Balancing Religion and State
Indian secularism involves a careful balancing act between respecting religious
diversity and ensuring social justice. The state engages with religious institutions and
practices but intervenes only when required to protect fundamental rights and
uphold equality.
Examples:
● Subsidy for Haj Pilgrimage: The government provided subsidies for Muslim
pilgrims undertaking the Haj pilgrimage for decades. However, in 2018, this
subsidy was abolished as part of a broader effort to ensure equality and
fairness in state policies.
● Ayodhya Verdict (2019): The Supreme Court’s decision to award the disputed
land in Ayodhya to a trust for the construction of a Ram temple, while
simultaneously ordering the allocation of land for a mosque, exemplified the
judiciary’s effort to maintain a balance between religious groups and uphold
secular principles.
Key Characteristics of Fundamental Rights
Justiciability: These rights are enforceable by the judiciary. Individuals can directly
approach the Supreme Court (Article 32) and the High Courts (Article 226) for the
protection of their rights through writ petitions.

Restriction of State Power: Fundamental Rights primarily act as a limitation on the

state’s power. They are designed to prevent the government from arbitrarily or
unjustly infringing upon individual liberties.
Key Characteristics of Fundamental Rights
Suspension During Emergency: Certain Fundamental Rights can be suspended
during a national emergency under Article 352, but Articles 20 (Protection in Respect
of Conviction for Offences) and 21 (Right to Life and Personal Liberty) remain
inviolable even during emergencies.

Amendability: Fundamental Rights can be amended by Parliament. However, they

cannot be altered in a way that violates the basic structure of the Constitution (as per
the Kesavananda Bharati case, 1973).
Right to Equality (Articles
14-18)
Article 14: Equality Before the Law and Equal Protection
of the Laws
● Equality Before Law: Derived from British jurisprudence, this means that no
person is above the law, regardless of their position or status.
● Equal Protection of the Laws: Derived from the U.S. Constitution, this principle
mandates that individuals in similar circumstances must be treated equally by the
law.
Example:
In the Navtej Singh Johar vs Union of India (2018) case, the Supreme Court
decriminalized Section 377, upholding the right to equality and non-discrimination for
the LGBTQ+ community.
Article 15: Prohibition of Discrimination
This article prohibits discrimination on grounds of religion, race, caste, sex, or
place of birth. However, it allows the state to make special provisions for
women, children, socially and educationally backward classes, and Scheduled
Castes (SCs) and Scheduled Tribes (STs).

Example:
The introduction of reservation policies for SCs, STs, and Other Backward
Classes (OBCs) in educational institutions and public employment are
examples of affirmative action taken under Article 15(4) and 15(5).
Article 16: Equality of Opportunity in Public Employment
This article ensures equal access to public employment opportunities and
prohibits discrimination based on religion, race, caste, sex, descent, place of
birth, or residence. However, it allows the state to make provisions for the
reservation of posts for backward classes and others who are
underrepresented in public services.

Example:
The Indra Sawhney case (1992), also known as the Mandal Commission case,
upheld the reservation for OBCs in government jobs, affirming that the state
can take affirmative action to ensure equality of opportunity.
Article 17: Abolition of Untouchability
Article 17 abolishes untouchability and forbids its practice in any form.
Untouchability, a social evil historically practiced against lower castes,
especially Dalits, is now a punishable offense under the Protection of Civil
Rights Act (1955).

Example:
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, further strengthens the protection against untouchability and related
discriminatory practices.
Article 18: Abolition of Titles
Article 18 abolishes titles, except for military and academic distinctions. This
provision is intended to prevent any formal hierarchies or class distinctions in
the social structure.

Example:
The government awards titles like Padma Shri, Padma Bhushan, and Padma
Vibhushan as honors, but these do not confer any special status or privileges.
Right to Freedom (Articles 19-22)
Article 19: Protection of Six Freedoms
Article 19 guarantees six freedoms to citizens, subject to reasonable restrictions for the sake
of public order, morality, and security:
● Freedom of speech and expression
● Freedom to assemble peacefully without arms
● Freedom to form associations or unions
● Freedom to move freely throughout India
● Freedom to reside and settle in any part of India
● Freedom to practice any profession or carry out any occupation, trade, or business

Example:
In the Shreya Singhal vs Union of India (2015) case, the Supreme Court struck down Section
66A of the Information Technology Act, which criminalized certain online speech, as it violated
the right to freedom of speech and expression under Article 19(1)(a).
Article 20: Protection in Respect of Conviction for
Offences
This article provides protection against arbitrary and unjust punishment. It
includes:

● Protection from ex post facto laws (laws that criminalize acts

retrospectively)
● Protection against double jeopardy (being tried twice for the same
offense)
● Protection from self-incrimination
Article 21: Right to Life and Personal Liberty
Article 21 is considered the most expansive of all rights. It guarantees the right
to life and personal liberty, except according to the procedure established by
law.

Judicial Expansion:
The judiciary has interpreted Article 21 in a broad manner, expanding it to
include:

● Right to privacy (Puttaswamy case, 2017)

● Right to a clean environment (M.C. Mehta cases)
● Right to education (Article 21A added via the 86th Amendment)
● Right to live with dignity (Maneka Gandhi case, 1978)
Article 22: Protection Against Arbitrary Arrest and
Detention
Article 22 provides safeguards against arbitrary arrest and detention,
including:

● The right to be informed of the grounds of arrest

● The right to legal representation
● The right to be produced before a magistrate within 24 hours
Right Against Exploitation
(Articles 23-24)
Article 23: Prohibition of Traffic in Human Beings and Forced Labor
This article prohibits human trafficking, begar (forced labor without payment),
and other similar forms of forced exploitation.
Example:
India's Immoral Traffic (Prevention) Act (1956) enforces the provisions of Article
23 and seeks to prevent trafficking in women and children.
Article 24: Prohibition of Child Labor
Article 24 prohibits the employment of children below the age of 14 in factories,
mines, and hazardous occupations.
Example:
The Child Labour (Prohibition and Regulation) Amendment Act (2016) strengthens
the prohibition of child labor and ensures children’s right to education under
Article 21A.
Right to Freedom of Religion
(Articles 25-28)
Article 25: Freedom of Conscience and Free Profession,
Practice, and Propagation of Religion
Article 25 ensures that every citizen has the right to practice and propagate
their religion. However, this right is subject to public order, morality, and
health.
Example:
The Triple Talaq judgment (2017) demonstrated the balance between religious
freedom and gender justice, where the Supreme Court ruled the practice
unconstitutional while upholding Article 25.
Article 26: Freedom to Manage Religious Affairs
This article allows religious denominations to manage their own affairs in
matters of religion. However, like Article 25, it is subject to public order,
morality, and health.
Article 27: Freedom from Taxation for Promotion of Religion
The state cannot compel any individual to pay taxes for the promotion or
maintenance of any religion or religious institution.
Article 28: Freedom from Religious Instruction in State-funded
Educational Institutions
Article 28 ensures that no religious instruction shall be provided in any
educational institution wholly maintained out of state funds.
Cultural and Educational Rights
(Articles 29-30)
Article 29: Protection of Interests of Minorities
Article 29 ensures that any section of citizens with a distinct language, script, or culture has
the right to conserve it. It applies to all communities, including both minorities and majorities.

● Protection of Cultural Identity: This article protects the cultural identity of groups,
ensuring that their cultural practices are not suppressed by the state or society.
● Non-Discrimination in Admission to State-run Institutions: The article also ensures
that no citizen is denied admission to any educational institution maintained by the state
or receiving aid from the state on the grounds of religion, race, caste, or language.

Example from Indian Context:

Article 29 has played an important role in protecting linguistic minorities in states like
Karnataka, Maharashtra, and Tamil Nadu, where people of different linguistic groups seek to
preserve their language and culture.
Article 30: Right of Minorities to Establish and Administer
Educational Institutions
Article 30 grants religious and linguistic minorities the right to establish and administer
educational institutions of their choice. This ensures that minorities can preserve their cultural
and educational autonomy.

● Autonomy in Education: Minority communities can establish institutions where they

can educate their members while preserving their cultural and religious values.
● State Aid without Discrimination: The state cannot discriminate against any
educational institution established by minorities when granting aid.

Example from Indian Context:

Institutions like Aligarh Muslim University and St. Stephen’s College in Delhi are protected
under Article 30, ensuring that religious and linguistic minorities have the autonomy to
manage their educational affairs.
Right to Constitutional
Remedies - Articles 32
Article 32: Right to Move the Supreme Court for
Enforcement of Fundamental Rights
Article 32 grants individuals the right to directly approach the Supreme Court for the
enforcement of their Fundamental Rights. This article provides for writs that can be issued
by the courts to protect citizens' rights.

Types of Writs:
○ Habeas Corpus: Protects against unlawful detention.
○ Mandamus: Commands a public authority to perform its legal duty.
○ Prohibition: Prohibits a lower court from exceeding its jurisdiction.
○ Certiorari: Transfers a case from a lower court to a higher court for review.
○ Quo Warranto: Questions the legality of a person’s claim to a public office.
Article 226: Power of High Courts to Issue Writs
In addition to Article 32, High Courts can also issue writs for the enforcement of
Fundamental Rights under Article 226. The scope of Article 226 is wider, as it
includes not only the enforcement of Fundamental Rights but also other legal rights.
Example from Indian Context:
The Maneka Gandhi case (1978) expanded the interpretation of Article 21, holding
that "procedure established by law" must be just, fair, and reasonable. Citizens have
frequently used Article 32 and Article 226 to challenge government actions and
protect their Fundamental Rights.
Suspension of Fundamental
Rights During Emergency
(Article 352)
Under Article 352, the Fundamental Rights guaranteed under Articles 19 can be
suspended during a national emergency. However, Articles 20 (protection in respect of
conviction for offenses) and 21 (protection of life and personal liberty) remain
non-suspendable even during emergencies, as established in the 44th Amendment
(1978).
Example from Indian Context:

During the Emergency (1975-77) imposed by Prime Minister Indira Gandhi, the
Fundamental Rights under Article 19 were suspended, leading to widespread
curtailment of freedoms. The 44th Amendment was later passed to prevent the
recurrence of such an unrestricted suspension of rights.
Significance of Fundamental
Rights
a) Protection of Individual Liberties
b) Promotion of Equality
c) Empowerment of the Marginalized
d) Judicial Review and Accountability
Judicial Interpretations and
Expansions of Fundamental
Rights
a) Kesavananda Bharati Case (1973)
The Kesavananda Bharati judgment established the Basic Structure Doctrine,
holding that certain features of the Constitution, including Fundamental
Rights, cannot be amended by Parliament if they destroy the Constitution's
basic structure.
b) Maneka Gandhi vs Union of India (1978)
In this case, the Supreme Court expanded the scope of Article 21 by ruling
that the “procedure established by law” must be just, fair, and reasonable.
This case broadened the definition of personal liberty to include various
aspects of life, such as the right to travel, right to privacy, and right to a clean
environment.
c) Vishaka Guidelines Case (1997)

In Vishaka vs State of Rajasthan, the Supreme Court laid down guidelines for
preventing sexual harassment at the workplace. This case exemplifies how the
judiciary has evolved to protect the rights of women in line with the right to
equality and dignity.

d) Right to Privacy (Puttaswamy Case, 2017)

In this landmark case, the Supreme Court ruled that the right to privacy is a
fundamental right under Article 21. This decision has significant implications
for issues such as surveillance, data protection, and personal liberty.
Limitations on Fundamental
Rights
a) Reasonable Restrictions (Article 19(2))
The state can impose reasonable restrictions on the freedom of speech and
expression to ensure that it does not harm national security, public order,
decency, or the sovereignty and integrity of India.
Example:
The Unlawful Activities (Prevention) Act (UAPA), used to curb terrorist
activities, imposes restrictions on freedom of expression in the interest of
national security.
b) Preventive Detention (Article 22)
Article 22 provides safeguards against arbitrary arrest and detention, but it
also allows for preventive detention to maintain public safety and security.
Fundamental Duties
Unlike Fundamental Rights, which focus on protecting individuals from state
excesses, Fundamental Duties are obligations that citizens owe to the state
and society. While not enforceable by law, these duties are intended to foster
a sense of patriotism and civic responsibility.

● Constitutional Provision: The Fundamental Duties are enshrined in Part

IV-A of the Constitution under Article 51A.
● Historical Background: The Swaran Singh Committee, set up in 1976,
recommended the inclusion of Fundamental Duties in the Constitution.
Based on its recommendations, ten duties were incorporated into the
Constitution by the 42nd Amendment. An additional duty was added by
the 86th Amendment Act of 2002, raising the total number to eleven.
List of Fundamental Duties
● To abide by the Constitution and respect its ideals and institutions, the
National Flag, and the National Anthem.
● To cherish and follow the noble ideals that inspired the national struggle
for freedom.
● To uphold and protect the sovereignty, unity, and integrity of India.
● To defend the country and render national service when called upon to
do so.
● To promote harmony and the spirit of common brotherhood among all
the people of India, transcending religious, linguistic, and regional or
sectional diversities; to renounce practices derogatory to the dignity of
women.
List of Fundamental Duties
● To value and preserve the rich heritage of India’s composite culture.
● To protect and improve the natural environment, including forests, lakes,
rivers, and wildlife, and to have compassion for living creatures.
● To develop scientific temper, humanism, and the spirit of inquiry and
reform.
● To safeguard public property and to abjure violence.
● To strive toward excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavor and
achievement.
● To provide opportunities for education to children between the ages of six
and fourteen years (added by the 86th Amendment Act, 2002).
Significance of Fundamental
Duties
a) Moral Obligations

Fundamental Duties are primarily moral and ethical obligations rather than
legal mandates. They aim to inspire citizens to act in the interest of the nation
and society, fostering a sense of patriotism, unity, and community spirit.

b) Complementary to Fundamental Rights

While Fundamental Rights protect individual freedoms, Fundamental Duties

emphasize collective responsibility and the need for social harmony. This
balance ensures that citizens enjoy their rights while fulfilling their obligations
toward the state and fellow citizens.
c) Promotion of National Integration and Unity

Several Fundamental Duties, such as upholding the sovereignty, unity, and

integrity of India (Article 51A(c)) and promoting harmony among all people,
emphasize the importance of national integration. In a country as diverse as
India, these duties are essential for maintaining social cohesion.

Example from Indian Context:

During times of external threats or internal conflicts, such as the Kargil War
(1999) or the insurgency in Jammu & Kashmir, the duty to uphold national
unity becomes crucial. Citizens are expected to rise above regional and
communal differences to defend the nation.
d) Protection of Environment and Heritage

The duties emphasize the importance of environmental protection and

cultural preservation. Citizens are expected to value and protect India’s
natural environment and cultural heritage.

Example from Indian Context:

The Fundamental Duty to protect the environment (Article 51A(g)) is significant
in India’s efforts to tackle environmental challenges like pollution,
deforestation, and climate change. Initiatives like Swachh Bharat Abhiyan and
Namami Gange reflect the importance of public participation in environmental
conservation.
e) Development of Scientific Temper and Humanism

The Fundamental Duty to develop a scientific temper and humanism (Article

51A(h)) encourages citizens to adopt rational, evidence-based thinking and
contribute to social reform. This is particularly important in combating
superstitions and promoting education.

Example from Indian Context:

Campaigns to promote scientific temper and discourage superstitions, such as
those led by figures like Dr. Narendra Dabholkar, are aligned with this duty.
The National Science Day and the development of educational curricula also
promote scientific thinking.
f) Safeguarding Public Property

The duty to safeguard public property (Article 51A(i)) and renounce violence is
aimed at preventing damage to national assets. This is particularly important
during times of protests and public unrest.

Example from Indian Context:

During protests or political agitations, like those seen in the Anti-CAA protests
(2019-2020) or farmers' protests (2020-2021), citizens are expected to express
dissent in a non-violent manner, without causing damage to public property.
Judicial Interpretation of
Fundamental Duties
a) Javed vs State of Haryana (2003): In this case, the Supreme Court upheld a
Haryana law that disqualified individuals with more than two children from
contesting panchayat elections. The Court linked the concept of family planning to
the Fundamental Duties, noting that citizens must act responsibly in the interest of
national development.
b) Ranganath Mishra Commission (2007): The Ranganath Mishra Commission
report emphasized that while the Fundamental Duties are not legally enforceable,
they carry significant moral and social weight. It recommended that more efforts be
made to promote awareness of these duties among citizens.
c) Environment-related Judgments: In several environment-related cases, such as
M.C. Mehta vs Union of India, the courts have invoked Article 51A(g) to highlight the
responsibility of citizens to protect the environment. The judiciary has emphasized
that environmental protection is both a duty of the state and the citizens.
Role of the State in Promoting
Fundamental Duties
a) Civic Education and Awareness Campaigns: The government has undertaken
various measures to promote awareness of Fundamental Duties, including
incorporating them into school curricula and public awareness campaigns. The
National Service Scheme (NSS) and National Cadet Corps (NCC) promote values
such as discipline, national service, and environmental protection, reflecting the
essence of Fundamental Duties.

b) National and International Celebrations: The celebration of national events

like Independence Day and Republic Day promotes the duty to respect national
symbols, such as the National Flag and National Anthem. Additionally, the
government encourages the observance of days such as Constitution Day
(November 26) to promote civic responsibility and constitutional values.
Criticism and Limitations of
Fundamental Duties
a) Non-Justiciability: One of the key criticisms of the Fundamental Duties is
their non-justiciable nature, meaning they cannot be legally enforced in
courts. This raises concerns about their effectiveness in compelling citizens to
act responsibly.
b) Lack of Awareness: Despite efforts to promote Fundamental Duties, a
large section of the population remains unaware of their existence or
significance. Civic education, though improving, has not yet effectively
embedded these duties into the public consciousness.
c) Overemphasis on Duties During Emergency: The introduction of
Fundamental Duties during the Emergency period (1975-77) has led to
criticisms that they were primarily introduced to curb dissent and reinforce
the authority of the state. Critics argue that the duties should be more
balanced with rights and not be used as a tool of state control.
The DPSPs are inspired by the Irish Constitution and reflect the aspirations of
the Indian state to promote social justice and equality. While Fundamental
Rights protect individual freedoms, DPSPs aim to create conditions in which
these rights can be effectively enjoyed by all citizens. They are central to the
idea of a welfare state, emphasizing collective welfare over individual rights.

● Non-Justiciability: DPSPs are not enforceable in a court of law, but they

are considered essential for governance. The Supreme Court of India has
described them as fundamental in the governance of the country.
● Constitutional Provision: The DPSPs are listed in Articles 36-51 of the
Indian Constitution. Although they are not legally enforceable, they
provide a framework for the state’s policies and laws.
Classification of DPSP
The DPSPs are broadly classified into three categories:

1. Socialistic Principles
2. Gandhian Principles
3. Liberal-Intellectual Principles
Socialist Principles
Article 38: Promotion of Welfare of the People
This article directs the state to promote the welfare of the people by securing
a social order in which justice—social, economic, and political—is paramount.
The state is also directed to minimize income inequalities.

Example from Indian Context:

Schemes such as Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA) are designed to promote social justice by providing guaranteed
employment and reducing income disparities.
Article 39: Certain Principles of Policy
Article 39 lays down several key principles aimed at ensuring that resources are
distributed equitably and that the economic system functions in a way that does not
result in the concentration of wealth. The state must:
● Ensure adequate means of livelihood for all citizens.
● Secure the ownership and control of material resources for the common good.
● Avoid the concentration of wealth and means of production in the hands of a few.
● Provide equal pay for equal work for both men and women.
● Protect the health and strength of workers, including children, and ensure that
children are not forced into exploitation.
Example from Indian Context:
The Equal Remuneration Act, 1976 and policies aimed at land reforms reflect the goals
of Article 39, addressing wealth concentration and ensuring equal opportunities.
Article 41: Right to Work, Education, and Public
Assistance
Article 41 directs the state to make effective provisions for securing the right
to work, right to education, and right to public assistance in cases of
unemployment, old age, sickness, and disability.

Example:
The Right to Education Act (2009), which made education a Fundamental Right
for children aged 6-14, is a step toward fulfilling the Directive Principles.
Article 42: Just and Humane Conditions of Work
Article 42 directs the state to make provisions for just and humane conditions
of work and maternity relief. This principle aims to protect the rights of
workers and ensure their dignity.

Example:
The Maternity Benefit (Amendment) Act, 2017 provides paid maternity leave of
26 weeks to women, fulfilling the directive under Article 42.
Gandhian Principles
Article 40: Organization of Village Panchayats
Article 40 directs the state to take steps to organize village panchayats and
empower them with the authority to function as units of self-government.

Example from Indian Context:

The introduction of the 73rd Constitutional Amendment (1992) led to the
establishment of a three-tier Panchayati Raj system, ensuring local
governance and decentralized development at the village level.
Article 43: Promotion of Cottage Industries
Article 43 promotes the establishment of cottage industries on an individual
or cooperative basis in rural areas. This aligns with Gandhian ideals of
self-sufficiency and promoting rural economies.

Example:
The Khadi and Village Industries Commission (KVIC) was established to
promote rural industries and self-employment in line with Article 43.
Article 46: Promotion of Educational and Economic
Interests of SCs, STs, and Other Weaker Sections
Article 46 directs the state to promote the educational and economic interests
of Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections
of society, and to protect them from social injustice and exploitation.
Example:
Reservation policies in education and employment, as well as the SC/ST
Prevention of Atrocities Act (1989), reflect the state’s efforts to uplift these
communities and ensure social justice.
Liberal–Intellectual
Principles
Article 44: Uniform Civil Code
Article 44 directs the state to endeavor to secure a Uniform Civil Code (UCC)
for all citizens throughout the territory of India. The UCC aims to replace
personal laws based on religion with a common set of laws that apply to all
citizens, thus promoting equality.

Example from Indian Context:

The debate on the implementation of the UCC remains ongoing. While Goa
has a Uniform Civil Code, the broader application of Article 44 has faced
political and social resistance.
Article 45: Provision for Early Childhood Care and
Education
Article 45 directs the state to provide free and compulsory education for
children until they complete the age of fourteen. The 86th Amendment later
moved this provision to Article 21A as a Fundamental Right, but Article 45 was
retained to provide for early childhood care and education.

Example:
The Integrated Child Development Services (ICDS) scheme and the Midday
Meal Scheme aim to address early childhood education and nutrition.
Article 47: Duty of the State to Raise the Level of
Nutrition and Public Health
Article 47 emphasizes the state’s responsibility to improve nutrition levels,
raise the standard of living, and promote public health.

Example:
The National Health Mission (NHM) and schemes like Ayushman Bharat reflect
the state’s commitment to improving public health and nutrition, in line with
Article 47.
Article 48: Organization of Agriculture and Animal
Husbandry
Article 48 directs the state to take steps to organize agriculture and animal
husbandry on modern and scientific lines and to prohibit the slaughter of
cows and calves and other milch and draught cattle.
Example from Indian Context:
The issue of cow protection, as mentioned in Article 48, has led to political and
social debates in India, with various state laws prohibiting cow slaughter.
However, these laws are often a source of contention, balancing religious
beliefs and economic considerations.
Significance of Directive
Principles
● Vision for a Welfare State
● Guide for Governance
● Balancing Rights and Duties
● Legislative Impact

Example:
The Minimum Wages Act (1948), Land Ceiling Acts, and various labor welfare
laws have their roots in the Directive Principles, aiming to protect workers'
rights and promote equitable distribution of resources.
 Relationship Between
Fundamental Rights and DPSPs
Conflict and Reconciliation
Initially, there was a perceived conflict between Fundamental Rights and
Directive Principles of State Policy (DPSPs), as DPSPs are non-justiciable,
whereas Fundamental Rights are enforceable by the courts. This led to
situations where the enforcement of Fundamental Rights, particularly the
right to property, was seen as obstructing the implementation of certain
DPSPs that aimed at social and economic reform.
Early Conflict in Judicial Decisions
In cases like the Champakam Dorairajan vs State of Madras (1951), the
Supreme Court ruled that Fundamental Rights prevail over DPSPs in case of
any conflict. In this case, the state’s attempt to implement policies of social
justice (such as reservations in education) was challenged on the grounds of
violation of the right to equality (Article 15).
This led to a series of amendments to the Constitution, including the First
Amendment (1951) and the Fourth Amendment (1955), to protect laws that
aimed at the fulfillment of DPSPs, particularly those related to land reforms,
from being challenged under Fundamental Rights.
 Reconciliation Through Judicial Interpretation
The Supreme Court of India gradually moved toward a position where it sought to harmonize
Fundamental Rights and DPSPs, considering both as complementary rather than conflicting.

● Kesavananda Bharati Case (1973): In this landmark case, the Supreme Court held that
DPSPs are fundamental in the governance of the country, and the state must strive to
implement them. The Court also introduced the Basic Structure Doctrine, stating that the
government cannot amend the Constitution to alter its basic structure, which includes
both Fundamental Rights and DPSPs.
● Minerva Mills Case (1980): This case reaffirmed the balance between FRs and DPSPs.
The Supreme Court ruled that a harmonious interpretation of both is necessary, and the
state cannot implement DPSPs at the cost of abridging Fundamental Rights.
 Impact of DPSPs on
Governance and Legislation
Social and Economic Legislation
DPSPs have inspired a wide array of social and economic legislations aimed at promoting
social justice, economic equality, and environmental protection. They provide the
philosophical foundation for welfare policies that benefit the underprivileged and
marginalized sections of society.
Examples of DPSP-inspired Laws:
● Right to Information Act (2005): Promotes transparency in governance, in line with
the DPSP’s goal of ensuring accountability.
● National Food Security Act (2013): Ensures access to food as a right, inspired by
Article 47, which promotes the improvement of public health and nutrition.
● Environmental Protection Act (1986): Inspired by Article 48A, which directs the state
to protect and improve the environment.
Influence on Policy Formulation
DPSPs have been a guiding force behind the formulation of several key
policies, such as social welfare schemes, employment generation programs,
education initiatives, and poverty alleviation measures. These policies are
essential for achieving social equity and building a more inclusive society.

Example from Indian Context:

The MGNREGA provides a legal right to work for rural households. This
scheme reflects the objectives of Article 41, which directs the state to provide
the right to work and public assistance in cases of unemployment.
Constitutional Amendments to Uphold DPSPs
To implement certain DPSPs effectively, the government has resorted to constitutional
amendments. These amendments have sought to bring balance between Fundamental
Rights and DPSPs and ensure that state policies aimed at social justice are not struck down
on the grounds of infringing upon Fundamental Rights.
Examples:
● 42nd Amendment (1976): Strengthened the role of DPSPs by making them more
aligned with national goals, such as the inclusion of the words “socialist” and “secular”
in the Preamble, and the addition of Articles promoting environmental protection
(Article 48A) and child care (Article 39A).
● 86th Amendment (2002): Added Article 21A, making the right to education a
Fundamental Right, aligning the DPSP’s objectives with enforceable rights.
Challenges in
Implementing DPSPs
● Resource Constraints
● Political Will
● Non-Justiciability
● Societal Inequalities
Relevance of DPSPs in Contemporary India
DPSPs remain central to the governance and development of India. While they are
non-justiciable, they provide an essential framework for the state to pursue policies that
promote social welfare, economic equality, and environmental sustainability. Over the years,
the judiciary has played a crucial role in harmonizing DPSPs with Fundamental Rights,
ensuring that both work together to achieve the constitutional goal of a just and equitable
society.

The continued relevance of DPSPs can be seen in contemporary challenges like climate
change, economic inequality, and social justice movements, where state intervention based on
DPSP principles can help build a more inclusive and sustainable future for India.

By guiding policymaking and legislation, DPSPs form the moral foundation of India’s efforts
toward achieving the goals of liberty, equality, fraternity, and justice for all citizens, as
envisioned in the Preamble.
Parliamentary System of Government
Features of the
Parliamentary System
Dual Executive
India has a dual executive system, which consists of the Nominal Executive (the President)
and the Real Executive (the Prime Minister and the Council of Ministers).
● Nominal Executive (President): The President of India is the ceremonial head of the
state and exercises powers as per the advice of the Council of Ministers.
● Real Executive (Prime Minister and Council of Ministers): The real executive power
lies with the Prime Minister and the Council of Ministers, who are collectively
responsible for formulating policies and governing the country.
Example from Indian Context:
The President of India must act on the advice of the Council of Ministers, as per Article 74(1).
The President's role is largely ceremonial, while the Prime Minister leads the functioning of
the government.
Collective Responsibility of the Council of Ministers
The Council of Ministers, headed by the Prime Minister, is collectively
responsible to the Lok Sabha (the lower house of Parliament). This means that
the Council of Ministers must retain the confidence of the majority in the Lok
Sabha. If the government loses a vote of confidence, it must resign.

Example:
In 1999, the Atal Bihari Vajpayee government lost a no-confidence motion in
the Lok Sabha by one vote, leading to the resignation of the government.
Bicameral Legislature
India has a bicameral legislature at the Union level, consisting of:
● Lok Sabha (House of the People): Directly elected by the people, representing
the population of India.
● Rajya Sabha (Council of States): Represents the states of India and is elected
by the state legislative assemblies.
Example:
India's bicameral system allows for representation of both the population (in the Lok
Sabha) and the states (in the Rajya Sabha). The passage of the Goods and Services
Tax (GST) Bill (101st Constitutional Amendment) required the approval of both
houses, demonstrating the importance of the bicameral structure.
Leadership of the Prime Minister
The Prime Minister is the leader of the government and the head of the
Council of Ministers. The Prime Minister is responsible for the overall
functioning of the government, policy-making, and administration.

Example:
In the Indian parliamentary system, the Prime Minister plays a crucial role in
formulating and implementing national policies. During the COVID-19
pandemic, Prime Minister Narendra Modi led several key policy decisions,
such as nationwide lockdowns and vaccination drives.
Majority Rule
In the parliamentary system, the party or coalition with a majority of seats in
the Lok Sabha forms the government. The majority ensures that the
government can pass laws and implement policies efficiently.

Example:
The NDA (National Democratic Alliance) government formed after the 2014
and 2019 general elections, led by the BJP, which secured a clear majority in
the Lok Sabha.
Opposition Parties
A key feature of the parliamentary system is the role of the opposition.
Opposition parties provide checks and balances to the ruling party and hold
the government accountable.

Example:
The Congress Party acted as the primary opposition party during the BJP-led
NDA government (2014-2024), challenging government policies such as
demonetization and farm laws.
Merits of the Parliamentary
System
Ensures Accountability: The government is directly accountable to the
Parliament and, through it, to the people. The opposition can question,
criticize, and demand explanations from the ruling party.
Flexible and Adaptable: The system allows for the quick removal of an
ineffective government through a vote of no confidence.
Representation of Diverse Interests: With the presence of opposition
parties and regional representation, diverse interests are debated and
represented in Parliament.
Demerits of the Parliamentary
System
● Instability of Governments: In coalition governments, lack of a clear
majority can lead to instability, frequent elections, and policy paralysis.
● Dominance of the Executive: Although theoretically responsible to
Parliament, in practice, the executive often dominates, particularly if the
ruling party has a strong majority.
Example from Indian Context:
During the Indira Gandhi government (1975-77), the executive imposed an
Emergency, showcasing the dominance of the executive in controlling the
legislative and judicial branches.
Amendment Procedure
Simple Majority
Certain provisions of the Constitution can be amended by a simple majority in
both houses of Parliament, similar to the passage of ordinary laws. These
provisions usually relate to minor or administrative changes.

Example:
Amendments like the formation of new states (e.g., creation of Telangana in
2014) are made by simple majority under Article 3.
Special Majority
Most constitutional amendments require a special majority in both houses of
Parliament. A special majority means that at least two-thirds of the members
present and voting must approve the amendment, and it must also constitute
a majority of the total membership of the house.

Example:
The 42nd Amendment Act (1976), which introduced the words "secular" and
"socialist" to the Preamble, required a special majority in Parliament.
Special Majority and Ratification by States
Certain amendments that affect the federal structure of India, such as those
dealing with the distribution of powers between the Union and the states,
require a special majority in Parliament, along with ratification by at least half
of the state legislatures.

Example:
The GST Amendment (101st Amendment Act, 2016), which changed the tax
structure and impacted both the Union and states, required ratification by the
states after being passed by Parliament with a special majority.
 Significance of the
Amendment Procedure
Balance Between Flexibility and Rigidity
The amendment process is designed to be neither too rigid nor too flexible,
allowing the Constitution to evolve over time while maintaining its basic
structure.

● Flexibility: The process allows for easy amendments to less critical

provisions, enabling the Constitution to adapt to changing needs.
● Rigidity: For more significant changes, such as those affecting federal
relations or Fundamental Rights, a more rigorous process is required,
ensuring that these changes are carefully considered.
Safeguarding the Basic Structure Doctrine
The Basic Structure Doctrine, introduced in the Kesavananda Bharati case
(1973), limits the amending power of Parliament by stating that any
amendment that seeks to alter the "basic structure" of the Constitution is
unconstitutional.

Example:
In the Minerva Mills case (1980), the Supreme Court struck down parts of the
42nd Amendment for violating the basic structure, particularly the balance
between Fundamental Rights and DPSPs.
Judicial review refers to the power of the judiciary, particularly the Supreme
Court and High Courts, to examine the constitutionality of legislative
enactments and executive actions. If a law or executive action is found to be
inconsistent with the Constitution, it can be declared null and void.

● Source: Judicial review is not explicitly mentioned in the Constitution of

India but is implicitly provided for in several articles, particularly Articles
13, 32, and 226.
● Purpose: The primary objective of judicial review is to uphold the
supremacy of the Constitution, ensure checks and balances between the
organs of government, and protect citizens' Fundamental Rights.
Constitutional Provisions
for Judicial Review
Article 13: Laws Inconsistent with or in Derogation of
Fundamental Rights
Article 13 establishes the foundation for judicial review in India. It declares that
any law inconsistent with or derogating Fundamental Rights is void.
● Article 13(2): The state shall not make any law that takes away or abridges
the rights conferred by Part III (Fundamental Rights), and any law made in
contravention of this clause shall be void.
Example from Indian Context:
In the Maneka Gandhi case (1978), the Supreme Court expanded the scope of
Article 21 (Right to Life and Personal Liberty), ruling that any law depriving an
individual of personal liberty must pass the test of reasonableness and fairness.
Article 32: Right to Constitutional Remedies
Article 32 provides the right to move the Supreme Court for the enforcement
of Fundamental Rights, thus making judicial review an essential tool to ensure
the protection of these rights.

● Writ Jurisdiction: The Supreme Court has the power to issue writs such
as habeas corpus, mandamus, prohibition, quo warranto, and certiorari
to enforce Fundamental Rights.

Example:
In the landmark case of Kesavananda Bharati vs State of Kerala (1973), the
Supreme Court used Article 32 to protect the basic structure of the
Constitution by applying the doctrine of judicial review.
Article 226: Power of High Courts to Issue Writs
Article 226 grants High Courts the power to issue writs for the enforcement of
Fundamental Rights and for "any other purpose." This makes judicial review
more accessible at the state level, ensuring that citizens can challenge
unconstitutional actions taken by state authorities.

Example:
In Vineet Narain vs Union of India (1997), the Supreme Court reinforced the
power of judicial review under Article 226, emphasizing the role of the
judiciary in ensuring the accountability of public officials and safeguarding
constitutional values.
Evolution of Judicial Review
in India
Early Judicial Review Cases
The principle of judicial review evolved gradually in India through landmark cases:
● A.K. Gopalan vs State of Madras (1950): This was one of the earliest cases
dealing with judicial review. The Court took a narrow view of Article 21, ruling
that laws could not be struck down unless they violated explicitly mentioned
Fundamental Rights.
● State of Madras vs Champakam Dorairajan (1951): The Supreme Court
invalidated a reservation order on the grounds that it violated Article 15(1),
which prohibits discrimination based on caste, thus reinforcing the court's
power of judicial review in the context of Fundamental Rights.
Kesavananda Bharati Case (1973) and the Basic
Structure Doctrine
The Kesavananda Bharati case was a watershed moment in the development of judicial
review in India. The Supreme Court introduced the Basic Structure Doctrine, holding that
while Parliament has the power to amend the Constitution under Article 368, it cannot alter
or destroy its "basic structure." This doctrine placed substantive limitations on the amending
power of Parliament.
● Basic Structure Doctrine: The Court identified essential elements of the Constitution,
including judicial review, that cannot be amended.
Example:
The Kesavananda Bharati judgment prevented the government from making fundamental
alterations to the democratic structure, federalism, and judicial independence of India.
Expansion of Judicial Review in Post-Emergency Era
Post-Emergency, the judiciary adopted a more activist role to safeguard the
Constitution:
● Minerva Mills Case (1980): The Court reaffirmed the Basic Structure
Doctrine, emphasizing the importance of judicial review in protecting the
Constitution from arbitrary amendments by Parliament.
● S.R. Bommai vs Union of India (1994): The Court ruled that judicial
review extends to the examination of the proclamation of President’s Rule
under Article 356. This judgment further expanded the scope of judicial
review, particularly in cases involving federalism and state autonomy.
Scope and Limits of Judicial
Review
Scope of Judicial Review
Judicial review extends to:
Legislative Actions: Courts can review laws passed by the legislature and
strike them down if they are found to be unconstitutional.
Example: The striking down of the NJAC Act (2015) by the Supreme Court,
which sought to replace the collegium system of appointing judges, was based
on the argument that it violated judicial independence, part of the basic
structure of the Constitution.
Scope of Judicial Review
Executive Actions: Judicial review also applies to administrative and executive
decisions to ensure they comply with the Constitution.

Example: In Vineet Narain vs Union of India, the Supreme Court held that executive
decisions must adhere to constitutional principles and public accountability.

Constitutional Amendments: Judicial review is applicable to constitutional

amendments, especially when they challenge the basic structure of the Constitution.

Example: The 99th Constitutional Amendment Act, establishing the National Judicial
Appointments Commission (NJAC), was struck down for violating judicial
independence, an essential feature of the Constitution’s basic structure.
 Limits of Judicial Review
While judicial review is a powerful tool, it is not absolute and has certain limitations:
● Separation of Powers: The judiciary cannot interfere in areas where the
legislature and executive are acting within their legitimate domain unless there is
a clear violation of constitutional provisions.
● Political Questions: The judiciary refrains from interfering in political matters or
policy decisions unless there is a violation of Fundamental Rights or constitutional
provisions. For instance, questions relating to foreign policy, defense, and taxation
are usually considered outside the purview of judicial review.
● Time Constraints: Judicial review is subject to statutes of limitations in many
cases, meaning that challenges to laws or executive actions must be made within
a certain time frame.
Significance of Judicial Review
in India
● Protector of the Constitution
● Guardian of Fundamental Rights
● Checks and Balances
● Defender of Federalism
Criticisms and Challenges to
Judicial Review
Judicial Overreach
One of the main criticisms of judicial review is the possibility of judicial
overreach, where the judiciary may encroach on the domain of the legislature
and executive. Critics argue that courts sometimes make policy decisions that
should be left to elected representatives.

Example:
The Supreme Court's decision to ban the sale of liquor within 500 meters of
highways (2017) was seen by some as an example of judicial overreach.
Undermining Parliamentary Sovereignty
One of the criticisms of judicial review is that it may undermine Parliamentary sovereignty
by allowing the judiciary to strike down laws passed by the legislature. Critics argue that
elected representatives of the people should have the final say in law-making, and judicial
intervention in the legislative domain can be seen as undemocratic.

Example:
The striking down of the National Judicial Appointments Commission (NJAC) in 2015 by the
Supreme Court was seen by some as a case where the judiciary interfered with a law passed
unanimously by Parliament. The Court held that the NJAC Act violated the basic structure of
judicial independence, thus asserting judicial supremacy over parliamentary decisions.
The Role of Judicial Review in Indian Democracy
Judicial review is an essential feature of the Indian Constitution, playing a critical role in
upholding constitutional supremacy, protecting Fundamental Rights, and maintaining
the balance of power between the three branches of government—legislature,
executive, and judiciary. Through judicial review, the courts ensure that laws and
executive actions comply with the constitutional framework, protecting citizens from
arbitrary or unconstitutional actions.

While judicial review has been instrumental in preserving the integrity of the
Constitution, it must operate within the boundaries of separation of powers to prevent
judicial overreach. In India, judicial review has been a tool for safeguarding democracy,
federalism, and individual liberties, contributing significantly to the development of a
robust constitutional framework. The ongoing evolution of this doctrine will continue to
shape India's constitutional landscape, ensuring that the Constitution remains a living
document, capable of addressing contemporary challenges.
Origin of the Basic Structure
Doctrine
Early Constitutional Amendments and Judicial Response
After India’s independence, Parliament passed several amendments to address
social and economic issues, such as land reforms and poverty alleviation. However,
some of these amendments clashed with Fundamental Rights, leading to a series of
legal battles.
● Shankari Prasad Case (1951): The Supreme Court upheld Parliament's power
to amend Fundamental Rights, stating that Article 368 granted Parliament the
power to amend any part of the Constitution, including Fundamental Rights.
● Sajjan Singh Case (1965): The Court reaffirmed its earlier stance, allowing
Parliament to amend any provision of the Constitution, including those related
to Fundamental Rights.
Golaknath Case (1967)
In a departure from earlier rulings, the Supreme Court in the Golaknath case
held that Parliament could not amend Fundamental Rights. The Court ruled
that Fundamental Rights are transcendental and inalienable, and any
amendment to these rights would be unconstitutional. This decision created a
conflict between the need for constitutional flexibility and the protection of
Fundamental Rights.
Kesavananda Bharati Case (1973)
The conflict between parliamentary sovereignty and constitutional supremacy was
resolved in the Kesavananda Bharati vs State of Kerala case. A 13-judge bench of the
Supreme Court introduced the Basic Structure Doctrine, ruling that while Parliament
has the power to amend the Constitution under Article 368, it cannot alter the basic
structure of the Constitution.
● Key Ruling: The Court held that Parliament can amend the Constitution but
cannot change its basic structure. What constitutes the "basic structure" was
not explicitly defined, but key principles such as democracy, secularism,
federalism, judicial independence, and Fundamental Rights were considered
part of this structure.
Key Features of the Basic
Structure Doctrine
Supremacy of the Constitution
The doctrine ensures that the Constitution remains the supreme law of the
land. No institution, including Parliament, can alter the fundamental essence
of the Constitution.

Example:
In the Minerva Mills case (1980), the Supreme Court struck down parts of the
42nd Amendment, which sought to reduce the power of the judiciary to
review constitutional amendments, as it violated the principle of judicial
review, a part of the basic structure.
Rule of Law
The rule of law, ensuring equality before the law and the protection of
individual rights, is a fundamental element of the basic structure. Any law or
amendment that infringes upon this principle is subject to judicial scrutiny.

Example:
The Indira Gandhi vs Raj Narain (1975) case invalidated the 39th Constitutional
Amendment, which sought to place the election of the Prime Minister beyond
judicial scrutiny. The Court ruled that free and fair elections are essential to
the basic structure of the Constitution.
Federalism
The distribution of powers between the Union and the States forms the core of the
federal structure, which cannot be altered by amendments. The Court has
consistently upheld the importance of federalism as a part of the basic structure.

Example from Indian Context:

In the S.R. Bommai vs Union of India (1994) case, the Supreme Court ruled that
federalism is a part of the basic structure, and the imposition of President's Rule
under Article 356 can be judicially reviewed to prevent the misuse of central powers.
Judicial Independence
The judiciary’s role as an independent guardian of the Constitution is a key
feature of the basic structure. Any attempt to undermine the independence of
the judiciary, either through amendments or executive actions, can be struck
down.

Example:
The 99th Constitutional Amendment Act, which sought to introduce the
National Judicial Appointments Commission (NJAC), was struck down by the
Supreme Court in 2015 for violating the principle of judicial independence.
Elements of the Basic
Structure
While the Supreme Court has not provided an exhaustive list of elements that
constitute the basic structure, several key features have been identified in various
judgments. These include:
● Supremacy of the Constitution
● Sovereignty, unity, and integrity of India
● Democratic and republican form of government
● Secularism
● Federalism
● Judicial review
● Free and fair elections
● Independence of the judiciary
● Rule of law
● Parliamentary system of governance
● Limited power of Parliament to amend the Constitution
Landmark Cases and Judicial
Interpretation of the Basic
Structure Doctrine
a) Indira Gandhi vs Raj Narain (1975)
This case arose out of the 1975 election dispute, where the 39th
Constitutional Amendment sought to bar judicial scrutiny of the election of the
Prime Minister and Speaker. The Supreme Court struck down this
amendment, stating that free and fair elections form part of the basic
structure of the Constitution.
b) Minerva Mills vs Union of India (1980)
In this case, the Court invalidated parts of the 42nd Amendment, which gave
unlimited amending power to Parliament. The Court held that judicial review
and the balance between Fundamental Rights and Directive Principles of State
Policy are part of the basic structure.
c) S.R. Bommai vs Union of India (1994)
This case reinforced the importance of federalism in the Indian Constitution.
The Court ruled that the President's Rule under Article 356 is subject to
judicial review and can be struck down if misused. Federalism was recognized
as a basic feature of the Constitution that cannot be altered.
d) I.R. Coelho vs State of Tamil Nadu (2007)
In this case, the Supreme Court held that any law placed in the Ninth Schedule
of the Constitution, which grants immunity from judicial review, can still be
examined if it violates the basic structure. The judgment emphasized that
even laws placed in the Ninth Schedule after 1973 (the year of the
Kesavananda Bharati case) are subject to judicial review.
e) National Judicial Appointments Commission (NJAC) Case (2015)

The Supreme Court struck down the 99th Constitutional Amendment and the
NJAC Act, which sought to replace the collegium system for the appointment
of judges. The Court held that judicial independence is a key element of the
basic structure, and any attempt to alter this principle would be
unconstitutional.
Importance of the Basic
Structure Doctrine
● Protecting Constitutional Supremacy
● Ensuring Judicial Safeguards
● Safeguarding Rights and Freedoms
● Preventing Majoritarianism
Criticisms of the Basic
Structure Doctrine
● Lack of Clear Definition
● Undermining Parliamentary Sovereignty
● Judicial Overreach
Previous year
Questions
The Constitution of India is the
'cornerstone of a nation' (Granville
Austin). Analyze. [2023/15m/200w/6c]
The characterization of the Constitution of India as the "cornerstone of a nation," as
stated by Granville Austin, is a testament to the foundational and transformative role
that the Indian Constitution plays in the country.
At the outset, the Preamble to the Indian Constitution sets forth the ideals and
objectives of the nation, including justice, liberty, equality, and fraternity. It
represents the moral compass of the Constitution, guiding the nation's collective
aspirations and values, and proclaims India as a "sovereign socialist secular
democratic republic."
The Constitution guarantees fundamental rights to Indian citizens, including the right
to equality, freedom of speech and expression, and protection against
discrimination. Thus it acts as a tool for promoting social justice and inclusivity. It
contains provisions that address historical injustices, promote affirmative action,
and aim to uplift marginalized and disadvantaged communities.
Moreover, the Directive Principles of State Policy address issues like poverty
alleviation, public health, education, and social security. The Indian Constitution
empowers the judiciary to exercise judicial review, which is a critical mechanism for
upholding the rule of law and protecting individual rights. Its emphasis on values
such as secularism, democracy, and social justice, has a profound impact on the
nation's identity, political discourse, and social fabric.

The Constitution of India is rightly referred to as the "cornerstone of a nation"

because it not only defines the legal and political framework but also encapsulates
the country's aspirations, values, and commitment to democracy, justice, and
individual rights. It provides a sense of unity and purpose for a nation as diverse and
complex as India. As a living document, it continues to shape and guide the nation's
development and progress, making it central to India's identity and governance.
The Preamble of the Indian Constitution
reflects itself as a 'social contract'. Elucidate.
[2022/10m/150w/5b]
The Preamble of the Indian Constitution can be seen as reflecting a "social contract"
due to its articulation of the fundamental principles and objectives that form the
basis of the Indian state and the relationship between the government and its
citizens. First of all, the Preamble begins with the phrase, "We, the people of India,"
emphasizing that the power and authority of the government derive from the
citizens.
This formulation signifies that the Indian Constitution is a product of the collective
will and consent of the people, reflecting the idea of a social contract where the
government exists to serve the interests of the people. The Preamble states the
objectives of securing justice, liberty, equality, and fraternity for the citizens of India.
These principles reflect the core values of a social contract, where the government
assumes the responsibility of ensuring fairness, protecting individual freedoms, and
promoting social equality.
Additionally, the Preamble includes the words "Justice, social, economic and
political," indicating that the social contract entails not only civil and political
rights but also socio economic rights. It implies that the government commits
itself to provide social and economic justice to its citizens, ensuring their
welfare and well-being.
The Preamble affirms that the power and sovereignty of the country rest with
the people. This concept resonates with the social contract theory, as it
implies that the citizens possess the ultimate authority to shape the
governance and hold the government accountable. In summary, the Preamble
establishes the government's commitment to justice, liberty, equality, and
welfare, based on the collective will of the people, thereby creating a social
contract between the state and its citizens.
Mention the founding principles that
define India's Constitution.
[2021/10m/150w/5c]
Justice, equality, liberty, and fraternity are the cornerstone values that form
the basis of the Indian Constitution. Further, the principles of a sovereign,
socialist, secular, and democratic republic are also enshrined in the
Constitution. By the Indian constitution, all citizens are guaranteed social,
economic, and political justice by the fundamental principle of justice.
The freedom of religion is guaranteed by secularism, which also encourages
the peaceful coexistence of many religious and cultural groups. The
democratic nature of India's Constitution emphasizes the power and
participation of the people. It guarantees a representative form of
government with regular elections, enabling citizens to elect their
representatives and have a say in decision-making processes.
Fraternity promotes a spirit of unity and brotherhood among all citizens,
transcending differences and fostering a sense of common purpose and
shared destiny. The Constitution seeks to create a society based on mutual
respect, understanding, and cooperation. These founding principles guide
India's governance and reflect its commitment to building a just, inclusive, and
progressive society.
The purpose of the 42nd constitutional
amendment was to make the economic and
social democracy explicitly visible. Discuss.
[2016/10m/150w/5d]
Led by Congress and Nehru, independent India started its economic journey
on a socialistic model. The Directive Principles mentioned in the original
constitution were explicitly socio economic and there was no doubt about the
nature of democracy in India.
The 42nd amendment, also called the 'mini constitution' made these aspects
of Indian democracy more visible. To begin with, it added the words Socialist
and Secular to the preamble, changing perspective to look at the Constitution.
The amendment also gave priority to directive principles over fundamental
rights, making any law created for the purpose beyond the scope of judicial
review.
42nd amendment added Article 51A enlisting fundamental duties of citizens, a
distinct feature of socialist countries and also added articles to Section 4 to
promote equal justice and free legal aid to the poor (39A), securing healthy
development of children (39), participation of workers in industry
management (43A) etc. Thus, focusing on socio-economic justice by the state
during administration.

However, many things have changed since the amendment. The 44th
constitutional amendment reversed some of the provisions of the 42nd
amendment, including giving priority to fundamental rights. The liberalization
of the 90s has also changed the role of state and the present model of
governance is far from what was modelled in the amendment of 1976.
Comment on secularism in Indian constitution.
[2015/10m/150w/5a]
The word 'secular' was added to the Indian constitution only by 42nd
constitutional amendment. However, the secular credentials of India had long
been established. Unlike Pakistan, India was formed on the idea of secularism.
The independent India promised its minorities that it will not give priority to
any particular religion, it will equally protect them, and the Indian constitution
also reflected these ideals as in fundamental rights in section 3 (Art 25 28).

However, Indian secularism also needs to be differentiated from the western

idea about the topic. While in countries like the USA, the idea is that the state
is indifferent to religion, in India state is equidistant from all religions. The
state is not completely removed from religion but is equally oriented to all
religions.
Thus, at times even the Indian judiciary has stepped in and given judgements
that may run contrary to religious rule but are upholding fundamental rights.
The Shah Bano case and the Sabarimala case are examples of that. The Indian
model of secularism is sui generis, it has served its people well in the past and
continues to guide the world’s largest democracy.
Comment on the significance of the
Preamble. [2013/10m/150w/5b]
Though the preamble is not unique to Indian constitution, the Preamble to the
Indian constitution is unique in many ways. The preamble enshrines the
fundamental values and ideals on which this country is to govern itself and the
purpose for which the constitution is made. It is also a declaration by the
citizens of India that they give themselves this constitution.

In the Keshavanand Bharti case (1973) Supreme Court held that the preamble
is an integral part, contains the basic structure, contains the noble vision for
which the constitution is created and hence constitution has to be interpreted
in the light of the preamble. Thus, any conflict in different parts of the
constitution can be resolved by looking at the preamble.
The preamble was also the last to be ratified and adopted by the constituent
assembly. Thus it is also a summary to the constitution. Though part of the
constitution, Preamble is not justiciable - it is neither source of power nor a
limitation thereon. It has been only amended once in 1976 and continues to
guide the Indian government as well as society.
The End.