Constitution: -

It is a lengthy and unique document in its content and spirit. The original constitution includes 395
articles 22 parts and 8 schedules. However after the 104th Amendment act 2003 the constitution
consists of 448 articles 25 parts and 12 schedules.

Preamble: - We the people of India are having solemnly resolved to constitute India in to a
SOVERIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure all its citizens.

 JUSTICE (Social, Economic and Political)

 LIBERTY (Thought, expression, belief faith and worship)
 EQUALITY (status and opportunity)
 FRATERNITY (Dignity of the individuals and Unity and integrity of the nation)

Purpose of the Preamble: - Preamble discloses the source of the constitution/It lays down the date
of the commencement of the const./It sets out the right and freedoms of the citizens/Declares the
nature of the government.

Q1:- Whether Preamble is the part of the constitution?

Ans.:- In the case of Kesvanand Bharti vs. State of Kerala, the supreme has held that
preamble is part of the constitution. Preamble is of extreme importance and the
constitution should be read and interpreted in the light of grand and noble vision
expressed in the preamble. However, two things should be noted:-
The preamble is neither a source of power to legislature nor prohibition upon the
powers of legislature.
It is not justiciable i.e. not enforceable in courts of law.

Q2:- Whether preamble can be amended?

Ans:- Supreme Court has held that preamble can be amended subject to the condition
that no amendment is done to the ‘ Basic structure’ of the constitution. The Preamble has
been amended only once by the 42nd Constitutional Amendment act, which has added
three new words- Socialistic, Secular and Integrity- to the preamble.

Nature of the constitution: -

1. Unitary:- In a Unitary Constitutions the powers of the Government are centralized in one
Government v.z. the States or Provinces are subordinates to the Centre.

2. Federal: - In Federal Constitution, there is a division of Powers between the federal and the
State Government and both are independent in their own spheres. The American Constitution is
universally regarded as an example of the Federal Constitution.

Characteristics of a federal Constitution:-

1. A Written Constitution :- For a federal Constitution it is Mandatory that there should be a written
Constitution.
2. Dual Government:- In case of federal constitution, there is system of dual government one at
centre and another at state.
3. Supremacy of Constitutions:- For a federal Constitution there should be supremacy of the
Constitution. At the time of the exercise of power by three organs of the Govt. i.e. legislative,
executive and Judiciary, all functions are Subordinated and Controlled by the Constitution.
4. Distribution of Powers:- Federalism means the distribution of powers of the State among a
Number of Co-ordinate bodies each originating in and controlled by the Constitution
5. Rigidity:- Rigidity is one of the Basic essential of a federal Constitution. It highly depends on the
Process of amendment.
6. Independent Judiciary:- There should be an independent judiciary having authority on other
organs. In a federal Constitution the courts (judiciary) has the final power to interpret the
Constitution. Finally it should say that the judiciary is the Guardian of the Constitution.

Conclusion : Finally if can be said that the Indian Constitution is neither Purely federal nor purely
unitary but a Unique Combination of Both aspects.

Meaning of State:- ( Article .12) The state includes:-

 The Government and parliament of India
 The Government and legislature of each of the states.
 All local and other authorities:
o Within the territory of India
o Under the control of the Government of India

All the fundamental rights are available against the state with a few Exceptions.

Some case law:-

 Electricity is a board within the meaning of Article 12.
 University
 Income- Tax department
 Corporation when deemed to be state?( Ajay hasia vs. Khalid Mujib)
o If the entire share capital is held by government.
o Financial assistance is provided by the government to meet the entire
expenditure.
o When corporation enjoys a monopoly status.
o When the state is having deep and pervasive control over the affairs of the
corporation.
o If the corporation is discharging public function.
 Corporation acting as an agency instrumentality of the government. (RD Shetty
vs. IAA).
 Stock Exchange is not a state because it is independent from the government
control. (Satish nayak vs. Cochin Stock Exchange Ltd.)

Fundamental Right
Introduction:- The aim of Fundamental Rights is that certain elementary rights such as right to life,
liberty, freedom of speech and freedom of faith and so on should be regarded as inviolable under all
circumstances and that the shifting majority in legislatures of the country should not have a free
hand in interfering with fundamental rights. Fundamental right is called the Magna Carta of India.
Rights to Equality
a. Equality before law-Art 14.
b. Prohibition of discrimination on the grounds of religion race, caste, sex or place of Birth Art 15.
c. Equality of opportunity in matters of public employment, Art 16.
d. Abolition of untouchability Art 17
e. Abolition of titles, Art 18.
Equality before Law:-
Art.14 – says that “the State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.”
Analysis:- Art 14 uses two expressions:-
(1) “Equality before the law; and
(2) Equal Protection of the laws
(1) Equality before law – This concept is taken from British Constitution. The concept of equality
does not mean absolute equality among human beings which is physically no possible to achieve. It
is a concept implying absence of any special privilege by reason of birth, Creed or the like in favour
of any individual, and also the equal subject of all individuals and classes to the ordinary law of the
land.

(2) Equal Protection of the Laws –

This concept is taken from American constitution. This has been interpreted to mean subjection to
equal law, applying to all in the same circumstances. It only means that all persons similarly
circumstance shall be treated alike both in the privileges conferred and liabilities imposed by the law
equal law should be applied to all in the same situation and there should be no discrimination
between one person and another.

Prohibition of discrimination on certain grounds:-

Art 15(1) provides that the state shall not discriminate against any citizen on grounds only of:-
 Religion
 Race
 Caste
 Sex
 Place of birth or
 Any of them

Art 15 (2) provides that:- No citizen shall be on above grounds, subject to any disability, liability,
restriction or condition with regard to—
a. access to shops, public restaurants, hotels and places of public entertainment; or
b. the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or
partly out of State funds or dedicated to the use of the general public.
Exceptions:-
Art 15 (3), (4) and (5) contains exceptions to the general principal laid down under Art 15 (1)
and (2):-
 Nothing in this article shall prevent the State from making any special provision for women
and children.
 Nothing in this article shall prevent the State from making any special provision for the
advancement of any socially and educationally backward classes of citizens or for the
Scheduled Castes.
 Nothing in this article shall prevent the State from making any special provision, by law, for
the advancement of any socially and educationally backward classes of citizens or for the
Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their
admission to educational institutions including private educational institutions, whether aided
or unaided by the State, other than the minority educational institution.

Equality of opportunity in matters of public employment :-( Art-16)

 There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State.
 No citizen shall, on grounds only of:-
o religion,
o race,
o caste,
o sex,
o descent,
o place of birth,
o residence, or
o any of them.
be ineligible for, or discriminated against in respect of, any employment or office in the State.
Exceptions:-
 Nothing in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office under the
Government of, or any local or other authority within, a State or Union territory, any
requirement as to residence within that State or Union territory prior to such
employment or appointment.
 Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any backward class of citizens
 Nothing in this article shall prevent the State from making any provision for reservation
in matters of promotion, with consequential seniority, to any class or classes of posts in
the services under the State in favour of the Scheduled Castes and the Scheduled Tribes
 Nothing in this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or denominational
institution
Abolition of Untouchability
“Untouchability” is abolished and its practice in any form is forbidden. The enforcement
of any disability arising out of “Untouchability” shall be an offence punishable in
accordance with law. The term “Untouchability” is not defined under the Constitution.
However, it refers to the social disabilities imposed on certain class of person by reason
of their birth in certain caste. but, it does not cover social boycott of a few individuals.
Right to Freedom
Article 19(i) defines six freedoms:-
a. Freedom of speech and expression
b. Freedom of Assembly
c. Freedom to from Association
d. Freedom of Movement
e. Freedom to reside and to settle
f. Freedom of Profession, occupation, trade or business.
These six freedom are however not absolute, and subject to reasonable restriction which are as
follows:-
i. Security of the State
ii. Friendly relation with foreign states
iii. Public order
iv. Decency and Morality
v. Contempt of Court
vi. Defamation
vii. Incitement to an offence
viii. Sovereignty and Integrity of India

Double jeopardy:-
No person shall be prosecuted and punished for the same offence more than once.

Right to Education-21A
Article 21A declares that state shall provide free and compulsory education to all
children of the age of six to fourteen years in such a manner as the state may decide.
Thus, this provision makes only elementary education a fundamental right and not
higher or professional education. This provision becomes effective from the date of
01.04.2012.

Right against exploitation

Prohibition of traffic in human beings and forced labour:- Article 23 prohibits traffic in
human beings and other similar forms of forced labour. This right is available to both citizens
and non-citizens. It protects the individual not only against state but also against the private
person. However, state may impose compulsory service for public purpose i.e military service or
social service.
Prohibition of employment of children in factories etc.:- Article 24 prohibits the
employment of children below the age of 14 years in any factory, mine or other hazardous
activities. But it does not prohibit their employment in any harmless innocent work.
Right to freedom of Religion Article 25

Freedom to manage religious affairs:- article 26,

Freedom from taxation for promotion of Religion:- Article 27

Freedom from attending religious instruction (RI):- Article 28

Cultural and Educational Rights

Protection of interest of minority:- ( Article- 29):-
 Any section of the citizens residing in the territory of India or any part thereof having a
distinct language, script or culture of its own shall have the right to conserve the same.
 Further, No citizen shall be denied admission into any educational institution maintained by
the State or receiving aid out of State funds on grounds only of religion, race, caste, language or
any of them.
 FUNDAMENTAL DUTIES: -
The Fundamental Duties are defined as the moral obligations of all citizens to help
promote a spirit of patriotism and to uphold the unity of India. These duties set out in
Part IV–A of the Constitution. The importance of fundamental duties is that they
define the moral obligations of all citizens to help in the promotion of the spirit
of patriotism and to uphold the unity of India.

How many fundamental duties are?

Originally ten fundamental duties were listed. Later on, by virtue of 86th Constitution
the Amendment in year 2002, 11th duty was added.

India is the only country in world to have Fundamental Duties inserted in the Constitution.

Fundamental Duties are non-justiciable in nature i.e. they can't be taken to court of law if
they are not followed. They lack legal sanction & direct enforcement. These duties are in
the nature of a code of conduct.

At present, there are eleven fundamental duties under article 51 A of the constitution.
List of Fundamental Duties
 Abide by the Constitution and respect national flag & National Anthem.
 Follow ideals of the freedom struggle.
 Protect sovereignty & integrity of India.
 Defend the country and render national services when called upon.
 Sprit of common brotherhood.
 Preserve composite culture.