SALIENT FEATURES OF CONSTITUTION

POL-02

1. Borrowed Constitution:
Almost every feature has been borrowed from constitution of other countries but indigenized it,
a) UK - Parliamentary from of govt. (or Westminster form of Govt.)
- Parliamentary privileges
- Single citizenship
- Rule of Law
- Writs (A-32)
- First past the past Electoral System. (PR System – Israle, D'Hondt method or Jefferson
method or the greatest divisors method)
b) USA - Fundamental Rights – taken Iran bill of rights
- Vice president office
- Removal of judges
- Impeachment of President
- Independent Judiciary
- Due process of law (A-21)
- Judicial Review

c) Canada
-Federal set up with Unitary bias. {(In India Residuary Power with center (Entry 97, List – I)}
Schedule – VII -
List – I (union powers) – 97
List – II (State Powers) – Entry – 66
List – III (Concurrent list) – Entry – 47.
IRELAND
- DPSP
- Method of election of president
- Nomination of member to RS
South Africa
- Amendment procedure (A-3)
- Procedure for electing member of Rajya Sabha
Former USSR
- Fundamental Duties (42 Amendment 1976)
- Idea of Socialism
FRANCE
- Idea of republic
- Liberty, equality, fraternity
(France – cradle of rights)
AUSTRALIA
- Concurrent list
- Joint seating of Parliament (A-108)
- Freedom or trade and commerce through the country.
GERMANY
- Emergency Provisions
JAPAN
- Procedure established by law (Art-21)

2. Written and Detailed Constitution:

395 – Articles * Shortest – USA
12 – Schedules * Unwritten – Britain
22 – Parts
104 – Amendments
• Conventions – not written – leader of opposition.
• Running by practice only.

3. PREAMBLE
• Well drafted document declares India into Sovereign, Socialist, Secular,
democratic, Republic.
• With in welfare state committed to secure JUSTICE, LIBERTY, EQUALITY,
FRATERNITY
4. Democratic Socialist State.
5. Secular State
6. Union of States.
7. Mixture of Federalism & Unitarianism:
 Constitution provides for federal structure with unitary bias.
 It’s called quasi federal by K.C. where. Like a federation India provides.
- Division of power between center & state
- Written & Supreme Constitution
- Independent judiciary for center state dispute
- Dual administration i.e. central govt. & state govt.

• Federalism means where power is evenly distributed among various units of govt.
• Whereas on the other hand we have strong center, common constitutions, single citizenship,
Emergency provisions and All India Services which reflects unitary spirit.
• We have kept this kind of federalism keeping in view, the diverse & pluralistic nature of society).
8. Constitution is both rigid & flexible:
Few amendments need state assistance whereas other can be amended by center itself.
9. Bi-cameral union parliament.
10. Universal Adult suffrage (A-326)
11. Single citizenship
12. Single integrated judiciary
13. Independence of Judiciary
14. Judicial Review
15. Emergency provisions.
 KEY WORDS OF PREAMBLE

POL-02

SOVEREIGN The word ‘sovereign’ implies that India is neither a dependency nor a
dominion of any other nation, but an independent state. There is no authority above it, and
it is free to conduct its own affairs (both internal and external)

SOCIALIST

❖ Added by the 42nd Amendment in 1976

❖ Democratic brand of socialism, holds faith in a ‘mixed economy’ where both public and
private sectors co-exist side by
❖ G.B. Pant University of Agriculture and Technology v. State of Uttar Pradesh (2000) :
Democratic socialism aims to end poverty, ignorance, disease and inequality of
opportunity.
❖ Nakara v. Union of India : Indian socialism is a blend of Marxism and Gandhism, leaning
heavily towards the Gandhian socialism

SECULAR

❖ Added by the 42nd Constitutional Amendment Act of 1976

❖ The Indian Constitution embodies the positive concept of secularism i.e, all religions in
our country (irrespective of their strength) have the same status and support from the state

DEMOCRATIC

❖ Doctrine of popular sovereignty, that is, possession of supreme power by the people.
❖ Broader sense embracing not only political democracy but also social and economic
democracy

REPUBLIC

❖ The head of the state is always elected directly or indirectly for a fixed period
❖ Vesting of political sovereignty in the people and not in a single individual like a king
❖ Absence of any privileged class and hence all public offices being opened to every citizen
without any discrimination

JUSTICE

❖ Embraces three distinct forms social, economic and political

i. Social justice denotes the equal treatment of all citizens without any social distinction
based on caste, colour, race, religion, sex
ii. Economic justice denotes the non-discrimination between people on the basis of economic
factors. It involves the elimination of glaring inequalities in wealth, income and property
iii. Political justice implies that all citizens should have equal political rights, equal access to
all political offices and equal voice in the government.

LIBERTY

❖ The absence of restraints on the activities of individuals, and at the same time, providing
opportunities for the development of individual personalities.
❖ The Preamble secures to all citizens of India liberty of thought, expression, belief, faith
and worship

EQUALITY

❖ Absence of special privileges to any section of the society, and the provision of adequate
opportunities for all individuals without any discrimination
❖ Embraces three dimensions of equality–civic, political and economic.

FRATERNITY A sense of brotherhood. The Constitution promotes this feeling of fraternity by

the system of single citizenship

IMPORTANT JUDGEMENTS

BERUBARI UNION VS UOI (1960)

❖ Preamble shows the general purposes behind the several provisions in the Constitution, and
is thus a key to the minds of the makers of the Constitution

KESAVANANDA BHARATI (1973)

❖ Preamble is a part of the Constitution

❖ Preamble can be amended, subject to the condition that no amendment is done to the
‘basic features’

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 of opportunity;
➢ and to promote among them all
➢ FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

Interpretation

• To promote the idea of India.

• We the people of the country has given to ourselves the constitution of India (it’s a living
document) and it’s a Social contract between citizen and state.
• The basic idea behind it was Preamble should be in conformity with provisions of constitution.
• The preamble of the constitution of India records the aims and aspirations of the people of India.
• Preamble means introduction to the statute.
• The ultimate aim of makers of constitution was to have a welfare state and egalitarian society.
• The preamble was adopted by constituent assembly in conformity with the Objective Resolution
of Nehru.
• The Drafting Committee headed by BR Ambedkar felt that the Preamble should be restricted to
defining the essential features of the new State and its basic socio-political objectives and that
the other matters dealt with in the resolution could be more appropriately provided for in the
substantive parts of the Constitution.
• Preamble embodies Constitution’s vision

Meaning and Concept

▪ The term ‘Preamble’ means the introduction to a statute.

▪ It is the introductory part of the constitution.
▪ Constitutions all over the world generally have a preamble.
▪ The form, content, and length of the preamble differ from constitution to constitution.
▪ Irrespective of these differences the preamble generally sets the ideas and goals which the
makers of the constitution intended to achieve through that constitution.

In Golakhnath Case (1967)

• Court highlighted the preamble sets out main objectives of the constitution.
• Unlike the constitution of Canada, Australia or USA Indian preamble is very elaborate.

History of Preamble:

➢ The preamble of Indian Court is solely based upon Objective resolution (1946) of Nehru as the
constituent assembly felt that preamble should be restricted in defining essential features of
new state & its basic socio-political objectives.
➢ The Committee adopted the expression “Sovereign Democratic Republic” instead of “Sovereign
Independent Republic”, as it considered independence to be implied in the word “Sovereign”.
➢ The Committee introduced a clause on “Fraternity” to emphasize upon the need for fraternal
concord and goodwill in India, which was specifically greater than ever, after the Partition
➢ Objective, Purpose & Scope
➢ The preamble doesn’t grant any power (can’t be enforced but binding the govt.)
➢ but it gives a direction gives a direction & purpose constitution to the govt.
➢ It also outlines the objective of India as a secular socialist democratic republic.
➢ Is preamble Part of Constitution or Not?

A.K. Gopalan Case (1950)

• It was contended that the preamble gives a guiding start to the govt.
• Seeks to give India a democratic constitution.
• It is a guiding light
• Re Beru Bari Case (1960):
• Court held that preamble has never been regarded as source of any substantive power.
• The preamble has limited application and will only be referred in case of ambiguity
• Only when the govt. is stuck in any of the article then preamble can be referred to overcome the
ambiguity.

Kesavanand Bharti Case (1973):

▪ The court said preamble is of extreme importance and the constitution should be read
importance and the constitution should be read and interpreted in the light of ideas prevent in
constitution preamble.
▪ The bench also said that preamble happens to be the basic structure of our constitution.
▪ LIC Case (1995):
▪ The court said that preamble is an integral part of our Constitution and that can not be removed
or ignored

Amendment to Preamble:

▪ The preamble was amended by 42th amendment act in 1976 whereby word ‘Socialist’, ‘Secular’
and ‘Integrity’ was added.
▪ This amendment was made to ensure the economic justice and elimination of inequality in
income and standards of life, Society.
▪ Recent Developments 2021

Private Member’s Bill to amend the Preamble to the Constitution

•The Bill, titled the Constitution (Amendment) Bill, 2021, seeks to substitute “EQUITABLE” for the
word “SOCIALIST” in the Preamble to the Constitution.

•Secondly, for the words “EQUALITY of status and of opportunity”, the Bill seeks to substitute the
following:

• “EQUALITY of status and of opportunity to be born, to be fed, to be educated, to get a job and to
be treated with dignity,

•ACCESS to information technology and all its implications, irrespective of caste, creed, social status
or income;”

•Third, for the words “FRATERNITY assuring the dignity of the individual and the unity and integrity
of the Nation”, the Bill seeks to substitute the following, namely: –

• “FRATERNITY assuring the dignity of the individual and the community and the unity and integrity
of the Nation

•HAPPINESS, assuring a high gross domestic happiness”.

Decoding the preamble:

SOVEREIGN:

• It denotes Supreme and ultimate power

• It may be real, normal, legal or political (adopted from Irish constitution)
• Post-world war-II – basic emphasis was given on sovereignty in international politics.
• Socialist:
• The term socialist means political economic system which states that the means of production,
distribution & exchange shall be owned by govt.
• Bank nationalization- Banking system was not considering themselves to he put of development
of country. Private banks were not contributing for the betterment of the country (Bank is life
line of Economy).
• In Indian constitution the term socialism is used to indicate that the goal of state is to secure
better life and equality or opportunities for its people. (as indicated by Indira Gandhi)

Excel wear Case:

[Community Development programme – 1954 – Villages were given grants in their developments
community development India was Socialist in nature much before the word socialist added in the
Preamble.]

❖ Court observed addition of word socialist might enable govt. to lead the words socialization.
❖ But as long as private ownership of industries is recognized the principle of Socialism and Social
justice can be accepted.
❖ DS Nakara Case:
❖ Indian Socialism is there to provide decent standard of life.
❖ It’s there to give basic amenities to the people from cradle to grave. (Should be given security
from cradle to grave).

SECULAR:

❖ Secular is derived from the Latin word speculum, which means an indefinite period of time.
❖ “A way of life – Religion.
❖ It was product of French revolution- “Laicite’ – No one will display their religion any in public
projection of religion is not allowed.
❖ ‘Burkini Ban”
❖ US Secularism is different from French Secularism.
❖ Indian Secularism – always maintain a principle distance from religion. And state will help in
progressing religion.
❖ 42nd Amendments express that state does not recognize any religion as it.
❖ Treats all religion equally with equal respect and without interfering in their individual life.
❖ St. Xavier’s Case:
❖ Court held secularism is neither pro-god nor anti-god. It eliminates god from the matters of
state.
❖ It basically ensures the no one shall be discriminated on the ground of religion.
❖ S.R. Bommai Case:
❖ Court observed that the idea of secularism is very much enshrined in our constitution & it forms
the basic structure of constitution.

Aruna Roy Case:

• Court observed secularism helps in developing respect towards other religion.

Democratic:
• Basically, it’s a Political Philosophy, an idea practiced by culturally advanced and Politically
matured countries which ensures good governance for their citizens.
• The term Democracy is derived from the Greek words ‘demos’ which means ‘people’ and
‘kratos’ which means ‘authority’.
• It thus means government by the people.
• Democracy may properly be defined as that form of government in the administration of which
the mass of the adult population has some direct or indirect share.

Republic:
❖ It means a state in which the ultimate Power are in the hands of the people and they elect their
representatives.
❖ Under such system the sovereignty is vested in the people (govt. is elected).
❖ A republic means a state in which the supreme power rests in the people and their elected
representatives or officers, as opposed to one governed by the king or a similar ruler.
❖ The word ‘republic’ is derived from res publica, meaning public property or commonwealth.
❖ According to Montesquieu, “a republican government is that in which a body, or only a part of
people, is possessed of the supreme power”
❖ The term ‘republic’ is used in distinction to the monarchy.

Justice

• The preamble of the constitution of India professes to secure to all its citizens political, economic
and social justice.
• Social justice means the abolition of all sorts of inequities which may result from the inequalities
of wealth, opportunity, status, race, religion, caste, title and the like.
• To achieve this ideal of social justice, the constitution lays down the directives for the state in
Part IV of the constitution.
• The expression ‘economic justice’ means justice from the standpoint of economic force.
• In short, it means equal pay for equal work, that every person should get his just dues for his
labor irrespective of his caste, sex or social status.
• Political justice means the absence of any unreasonable or arbitrary distinction among men in
political matters.
• Justice is considered to be the primary goal of a welfare state and its very existence rests on the
parameters of justice.

Rawls theory of Justice: The idea of positive discrimination – affirmative Action – reservation.

Liberty:

❖ The preamble of the constitution of India professes to secure the liberty of belief, thought,
expression, faith, and worship which are essential to the development of the individuals and the
nation.
❖ Liberty or freedom signifies the absence of external impediments of motion. It implies the
absence of restraint.
❖ Liberty is the power of doing what is allowed by law.
❖ No universally accepted definition of liberty exists, although statesmen and judges, among
others, have attempted to give an all-comprising definition of the same.

Equality:

• It’s a Political philosophy which ensures access to opportunities despite of society or class one
belongs to. It ensures the idea of egalitarianism.
• Rights carry no meaning if they cannot be enjoyed equally by all members of the community.
• One of the main tasks of the constitution makers was to ensure equality of status and
opportunity for all and to provide the basis for ultimately establishing an egalitarian society.
• The principle of equality of law means not the same law should apply to everyone, but that a law
should deal alike with all in one class; that these should be equality of treatment under equal
circumstances.
Fraternity:

❖ It means spirit of brotherhood and a feeling that all people are children of same soil.
❖ [Son of soil theory- If one is born in a region – this region belongs to me not any other.]
❖ Keeping in mind the various diversity existing in India the constituent assembly felt that
fraternity will be a cementing factor for the country.
❖ Salad Bowl and Melting Pot Concept.
❖ Diversity – threat of conflict
❖ Melting Pot Concept
❖ But in India – diverse in nature and owned the concept of ‘Salad Bowl’ as we practice multi
culturalism. So, fraternity ‘integrity’ words were introduced in preamble.
❖ As it was difficult to attain meeting Pot Concepts.
 Fundamental Rights
By Kapil Sikka
Pol-02

PART-III

Rights are entitlements which are ensured by the state for betterment of their citizens.

❖ Magna Carta (1215) – Mother of Rights [King of England gave certain rights to the citizens] and
the rights were written in a book called Magna Carta. (Character of rights)
❖ John Locke – gave Natural Rights – (16th century) Life, Liberty, Property. [Natural rights cannot
be taken away]

Nature of these rights

i) Most elaborate
ii) Special enforcement provision
iii) Not Absolute in nature but Qualified (because state can put reasonable restriction)
iv) Few rights are applicable to non-citizens also.
v) Egalitarian in nature.

(FR are those rights which enables the citizen to live a better life in their country. These are negative
obligation upon state which says the govt. cannot encroach them)

Needs

❖ To ensure rule of law

❖ To ensure upliftment of all
❖ To ensure democracy in the country drawn from

Article – 12

❖ Most of the Fundamental rights provided to the citizens are claimed against the State and its
instrumentalities and not against the private bodies.
❖ Article 12 gives an extended significance to the term ‘state’. It is very important to determine
what bodies fall under the definition of a state so as to determine on whom the responsibility
has to be placed.
❖ ‘the State’ here has a wider sense and does not merely mean the states in the Union.
❖ The word ‘includes’ in the article shows that the definition is not exhaustive and through judicial
interpretations, the court has widened the scope of the Article 12

Article 12 of the Indian Constitution states that,

“Definition in this part, unless the context otherwise requires, the State includes the Government
and Parliament of India and the Government and the Legislature of each of the States and all local or
other authorities within the territory of India or under the control of the Government of India.”
Hence, Definition of state.

It says that the word ‘state’ includes

i) Government.
ii) Parliament of India
iii) State legislature &
iv) Other bodies

Within the control of the Government of India

Definition of state is mentioned here to draw distinctions.

❖ Sovereign functions & Non-sovereign function

❖ Over the time privatization

Scope of Article – 12:

➢ When a body institution is Financially; Functionally and Administratively dominated by or is

under control of the government & that control is deep & pervasive, then the body will be called
the ‘state’.
➢ If the control is mere regulatory then it’ll not be a state [(Pradip Biswas Case)].
➢ e.g. SEBI- a regulatory body to regulate stock market natural funds etc. but it’s not a ‘state’.
➢ Authority: It means public administrative agency or corporation having quasi govt. functions is
called state.
➢ Local Authorities: -

R.C. Jain Case

i) Separate legal existence

ii) Functions in defined area.
iii) Enjoy autonomy
iv) has power to raise fund.

Other Authorities-

AAI Case – (R.D. Shetty Case)

i) Entire share capital; (is owned managed by govt.)

ii) Enjoys monopoly.
iii) Functional character is of govt.
iv) Deep control of govt.

Ajay Hasia Case: Regional Engineering College is a state

A.R. Antulay Case: It was observed that rule making power and administrative functions will be
constructed as state. Judicial functions will not be construed as state.

Art 13
13. Laws inconsistent with or in derogation of the fundamental rights

1. All laws in force in the territory of India immediately before the commencement of this
Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent
of such inconsistency, be void
2. The State shall not make any law which takes away or abridges the rights conferred by this Part
and any law made in contravention of this clause shall, to the extent of the contravention, be
void
3. In this article, unless the context otherwise requires law includes any Ordinance, order, bye law,
rule, regulation, notification, custom or usages having in the territory of India the force of law;
laws in force includes laws passed or made by Legislature or other competent authority in the
territory of India before the commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in operation either at all
or in particular areas
4. Nothing in this article shall apply to any amendment of this Constitution made under Article 368
Right of Equality

It says laws which are in consistent with derogation fundamental rights shall be void.

Applicability of Art 13:

Art. 13(3) (a)

Law includes

❖ Ordinance
❖ Order
❖ By law
❖ Regulation
❖ Rule or customs

Amendment to Art. 13

13(4) Clause of was added in constitution by 24th amendment in 1971. Further that has been held
void by SC in Minerva Case.

Doctrine of Eclipse – due to a law if FR (any law

which shields citizens or restricts citizens to enjoy
FRs)

❖ Eclipse occurs when one object

overshadows the other, so as the name suggests
that Doctrine of Eclipse is applied when any law or
act violates the fundamental rights then the fundamental rights overshadows the other law or
act and make it unenforceable but not void ab initio.
❖ They can be enforced again if the restrictions posed by the fundamental rights are removed.
❖ In Bhikaji Narain Dhakras v. State of Madhya Pradesh
❖ The Supreme Court held that the true position is that the impugned law became, for the time
being, eclipsed by the fundamental right.
❖ The effect of the Constitution Act, 1951 was to remove the shadow and to make the impugned
act free from all blemish or infirmity.
 Elements of Doctrine of Eclipse

▪ It should be Pre-constitutional law

▪ It Must be in conflict with fundamental right
▪ the law doesn’t become void rather its only inoperative
▪ After amendment to the Fundamental Right , it will automatically make the impugned law
operative.

Does it apply to Post Constitutional Laws

o Deep Chand v. state: Supreme court held that post-constitutional law is dealt under
Article 13(2) which if contravenes a fundamental right will be void ab intio.

❖ Doctrine of Severability-
❖ It is also known as doctrine of separability.
❖ It protects our Fundamental Rights, as it is mentioned in the clause 1) of the Article 13 of the
Constitution that All laws enforce in India, before the commencement of Constitution, in so
far as they are inconsistent with the provisions of fundamental rights shall to the extent of
that inconsistency be void.
❖ But the whole law or act would not be held invalid, but only the provisions of the law or act
which are not in consistency with the Fundamental rights.
❖ But it is only possible if the part which is inconsistent with the law is separated from the
whole law.
❖ If both the valid and invalid part cannot be separated then the whole law or act will be held
invalid.
❖ In A.K. Gopalan v. State of Madras
❖ The Supreme court held that in case of repugnancy to the Constitution, only the repugnant
provision of the impugned Act will be void and not the whole of it, and every attempt should
be made to save as much as possible of the act.
❖ Court held that except Section 14 all other sections of the Preventive Detention Act, 1950
were valid, and since Section 14 could be severed from the rest of the Act, the detention of
the petitioner was legal

Evolution of Basic Structure Doctrine

Sir Kameshwar Singh vs Province of Bihar 1950

o Bihar Abolition of Zamindaris Act, 1948

o High Court declared the Act as unconstitutional as violative of Article 14, which was appealed
against in the Supreme Court.
o SC in 1952 observed that some provisions of the Act may be harsh and bad against the
Zamindars but that does not render the whole Act a fraud on the Constitution.

❖ Shankari Prasad Case (1951): (Amendability of Fundamental Rights)

 o In this case, the validity of the first constitutional amendment which added Article 31-A and 31-B
of the Constitution was challenged.
o The first time, the question whether fundamental rights can be amended under Article 368 came
for consideration of the Supreme Court.
o The Supreme Court rejected the contention that in so far as the First Amendment took away or
abridged the fundamental rights conferred by Part III it should not be upheld in the light of the
provisions of article 13(2).
o Therefore "law" in article 13 must be taken to mean rules or regulations made in the exercise of
ordinary legislative power and not amendments to the Constitution made in the exercise of
constituent power.
o Article 13 (2) did not affect amendments made under article 368.
o Court held FRs can be amended by Parliament

❖ Sajjan Singh Case (1965)

o To secure the constitutional validity of acquisition of Estates and place, land acquisition laws in
Schedule 9 of the constitution. (17th Amendment)
o the 17th amendment, 1964 does is to enlarge the meaning of the word 'estate' in Art. 31-A and'
to give protection to some Acts passed by the State Legislatures by including them in the Ninth
Schedule under the shield of Art. 31 B. These Acts promoted agrarian reform & Land Ceiling Act
o In this case also, the SC held that the Parliament can amend any part of the Constitution
including the Fundamental Rights.
❖ Golaknath Vs State of Punjab 1967 – (Right to Property - is it a Fundamental Right?)
o Supreme Court ruled that Parliament doesn’t have the power to restrict any of the Fundamental
Rights enshrined in the Constitution.
o Hence, State of Punjab couldn’t take away Golaknath or any other citizen’s land as Right to
Property was deemed to be fundamental.
o The Court held that an amendment under Article 368 is "law" within the meaning of Article 13 of
the Constitution and therefore, if an amendment "takes away or abridges" a Fundamental Right
conferred by Part III, it is void.
o Therefore, to save the democracy from an autocratic actions of the parliament the majority held
that parliament cannot amend the fundamental rights enshrined under Part III of the
Constitution of India
o The majority said that fundamental rights are the same as natural rights. These rights are
important for the growth and development of a human being.
o Article 368 only mentions procedure to amend, Hence no power with parliament to amend FRs
❖ Kesavananda Bharati vs State of Kerala case 1973 (Basic structure of the Constitution)
o Declared that Article 31C of the constitution which was inserted by 24th Constitutional
amendment to give unrestricted powers to parliament in enacting a law which is against judicial
review.
o SC felt that judicial review is the basic structure of the constitution and is in amendable even
under Article 368
o It opened the floodgates for interpretation of what constitutes the basic structure of the
constitution which is discussed over many cases.
o Gave ever evolving list of Basic Structure Doctrine (not exhaustive list)
❖ Indira Nehru Gandhi v. Raj Narain (1975)
o SC held that the amendment violated “free and fair elections (democracy) and judicial review
are part of Basic Structure Doctrine
❖ Minerva Mill vs Union of India – (1980)- (Basic Structure of the Constitution)
o The validity of 42nd amendment Act was challenged on the ground that they are destructive of
the ‘basic structure’ of the Constitution
o SC said that a limited amending power itself is a basic feature of the Constitution.
o SC ruled that Fundamental Rights and the Directive Principles are required to be viewed as the
two sides of the same coin. Both should be complementary to each other and there should be
no confrontation between them.
❖ Waman Rao Case (1981): (Validity of 9th Schedule and demarcating the date of 24th April 1973)
o Supreme Court in Waman Rao case once again reiterated and applied the doctrine of the basic
features of the Constitution. In this case, the implications of the basic structure doctrine for
Article31-B were re-examined.
o The Court drew a line of demarcation on April 24th, 1973 (the date of Kesavananda Bharti’s
decision) and held it should not be applied retrospectively to reopen the validity of any
amendment to the Constitution, which took place prior to 24-04-1973.
o It meant all the amendments which added to the Ninth Schedule before that date were valid.
o All future amendments were held to be challengeable on the grounds that the Acts and
Regulations, which they inserted in the Ninth Schedule, damaged the basic structure.
o This case has helped in determining a satisfactory method of preserving the settled position and
to address grievances pertaining to the violation of fundamental rights.

I.R. Coelho vs State of Tamil Nadu – (2007)- (Basic Structure Doctrine vs 9th Schedule provisions)

o The judgement in this case put an end to the politico- legal controversy by holding the
Parliament’s amending power subject to Judicial Review in line with Keshavananda Bharti’s case
judgement that the violation of Doctrine of Basic Structure will never be tolerated.
o The judgment in I.R. Coelho vigorously reaffirms the doctrine of basic structure.
o Indeed it has gone further and held that a constitutional amendment which entails violation of
any fundamental rights which the Court regards as forming part of the basic structure of the
Constitution then the same can be struck down depending upon its impact and consequences.
o This 2007 judgement has already upheld authority of judiciary to review any law including those
that have been placed under the 9th Schedule of the Indian Constitution.
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Q.1) Consider the following statements: d) All of the above

1. Secular character of the Indian Constitution. Q.5) Consider the following statements:
2. Socialist character of the Indian Constitution. 1. Equality before law is a positive concept.
3. Federal character of the Indian Constitution. 2. Equal protection of law is a negative concept.
Which of the above forms the part of the Basic 3. Rule of Law is the ‘basic feature’ of the
Structure of the Indian Constitution? Constitution.
a) 1 and 2only Which of the above given statement/s is/are
b) 2 and 3only incorrect?
c) 1 and 3 only a) 1 and 2
d) 3 only b) 2 and 3
Q.2) Consider the following statements about c) 1 and 3
Preamble of the Indian Constitution: d) All of the above
1. The Berubari Union case (1960) considers Q.6) Consider the following statements regarding the
Preamble to be a part of the Constitution. Supreme Court judgements related to Fundamental
2. The Kesavananda Bharti case (1973) doesn’t Rights of the Indian Constitution:
consider Preamble to be a part of the Constitution. 1. Champakam Dorairajan case (1951) held that
Which of the above given statement/s is/are correct? Fundamental rights couldn’t be amended.
a) 1 only 2. IC Golaknath case (1967) held that Fundamental
b) 2 only Rights could be amended.
c) Both 1 and 2 Select the correct answer using the code given below:
d) None a) 1 only
Q.3) Consider the following statements regarding b) 2 only
‘Secularism’: c) Both 1 and 2
1. Secularism has been clearly defined under Article d) None
25 of the Constitution. Q.7) Which of the following ideals are promoted by
2. In the Minerve Mills Case (1980), Supreme Court Fundamental Rights under Part III of the Indian
regarded secularism as the basic feature of our Constitution?
Constitution. a) Economic democracy
Which of the above given statement/s is/are correct? b) Political democracy
a) 1 only c) Social democracy
b) 2 only d) Economic and Social democracy
c) Both Q.8) The Right to get one’s Fundamental Rights
d) None protected is in itself a Fundamental right. With
Q.4Which of the following is/are the principal reference to the above sentence, consider the
feature(s) of Fundamental Rights mentioned in Part III following statements:
of the Indian Constitution: 1. It is a basic feature of the constitution.
1. They are available only to the citizens. 2. The protection of Fundamental Rights is under the
2. They are qualified. exclusive jurisdiction of the Supreme Court.
3. They are sacrosanct. Which of the above given statement/s is/are correct?
Select the correct answer using the code given below: a) 1 only
a) 2 only b) 2 only
b) 2 and 3 only c) Both 1and 2
c) 1 and 3 only d) None

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Mains Question
Q.1) Parliament could not use its amending power to destroy, change or alter the constitution. In this context
discuss the evolution of doctrine of basic structure and give its significance and consequences for Indian
democracy. (10 Marks, 150 words)

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