LEGAL STUDIES

CLASS-XI

UNIT -1 CHAPTER -4

TOPIC-PREAMBLE TO THE CONSTITUTION

(MODULE 19)
1. The Constitution of India starts with its Preamble.

2. The Supreme Court of India in the Fundamental Rights Case

(Keshavananda Bharati v. Union of India, 1973 SC 1461) held
that Preamble does form part of the Constitution.

3. The objectives specified in the Preamble contain the ' basic

structure' of the Constitution.

4. The Preamble is the guide to interpret the provisions of the

Constitution.
1. The Preamble to the Constitution reaffirms that the people
of India have adopted, enacted and given to themselves
the Constitution.

2. Supreme Court in Charan Lal Sahu v. Union Of India (AIR

1990 SC 1480) popularly known as Bhopal Gas Leak
Tragedy Case held that Sovereign denotes that India is not
subject to any external authority

3. India as a state has the power to legislate on any subject

in conformity with Constitutional limitations.
The Preamble to the Constitution states
that India's governing system is based on
Republican and Democratic principles.
DEMOCRATIC

India has a responsible parliamentary form of

Government, which is accountable to the elected
legislature.
REPUBLIC

It denotes that the head of the state is an elected person

and not a hereditary monarch.

Any Indian without any discrimination as to the caste,

creed, and religion can contest for Presidential elections
and can occupy the office provided he fulfills the eligibility
conditions as provided by the Constitution.
WHAT DOES IT WANTS TO ACHIEVE

The Preamble seeks to achieve for all citizens, social,

economic and political justice; liberty of thought,
expression, belief, faith and worship; equality of
status and opportunity; fraternity, unity and
integrity of the nation.
AIM/PURPOSE OF THE PREAMBLE

To secure to its citizens equality of status & equality of

opportunity in state affairs such as elections, and in
state employment without any special privilege or
discrimination based on the ground of religion, race,
caste, sex, place of birth.
SOCIALIST

The word 'socialist' was added by the Constitution

(forty-second Amendment) Act, 1976. This term is not
defined in the Constitution. In
general it means a system under which the means of
production and distribution are State
owned.

The principal aim of socialism is to eliminate inequality of

income, status, standards of life and to provide a decent
standard of life to working people.
INDIA AS A SECULAR STATE

India as a Union of states has no official religion. There

is no state-recognized place of worship. The state does
not identify itself with or favour any particular religion.
State laws and policies prohibit any discrimination on
the grounds of religion. It treats all religious equally
and confers protection to citizens to profess, propagate
and practise their religions.

This has also been given the status of Basic Structure of

the Constitution in Keshavananda Bharati's case.
 LEGAL STUDIES

CLASS-XI

UNIT -1 CHAPTER -4

FUNDAMENTAL RIGHTS

(MODULE 20)
FUNDAMENTAL RIGHTS
‘Fundamental’ means the Constitution has separately listed and
made special provisions for the protection of ‘Fundamental Rights.’

Judiciary, if found any act of the government (either by Executive or

by Legislature) equivalent to violation of the Fundamental Rights,
can be declared that act illegal or restrict them to do further so.

The Supreme Court shall have power to issue directions or orders or

writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of fundamental rights under
Article 32;and the High Courts under Article 226 of the Constitution.
The Constitution of India provides six Fundamental
Rights, which are mentioned in Articles 12 to 35 in
Part-III (of Constitution).
RIGHTS OF EQUALITY

Equality before laws and prohibition of

discrimination on grounds of religion, race,
caste, sex or place of birth; equality of
opportunity in matters of public employment;
abolition of untouchablility and titles
RIGHT TO FREEDOM

1. Rights regarding freedom of speech such

2. as freedom of speech and expression,

3. right to free movement,

4. to form associations,

5. To practice any trade or occupation];

6. protection in respect to conviction for offences;

7. protection of life and personal liberty;

8. protection against arrest and detention in certain cases

RIGHT AGAINST EXPLOITATION

The Constitution of India provides distinct and clear provisions

to prevent exploitation of the weaker sections of the society

The Constitution prohibits the following practices as evil and

declares them illegal −
Trafficking of human beings,

Forced labor or beggar in any form is illegal and is prohibited

Child labor is also prohibited.

RIGHT TO FREEDOM OF RELIGION

India is a secular state, which means the State has no

official religion and India does not promote/protect
any one religion over the other religion.

Every citizen in India has liberty to profess, practice,

and propagate the religion that he or she believes in.
CULTURAL AND EDUCATION RIGHTS
Articles 29 and 30 provide Cultural and Educational Rights,
which states that all minorities, religious or linguistic groups,
having a distinct language, script or culture of its own can set
up their own educational institutions in order to preserve and
develop their language, script, or culture.
RIGHT TO CONSTITUTIONAL REMEDIES

A person aggrieved by the violation of any of his/her

fundamental right can approach either to the Supreme
Court (under Article 32) or High Court (under Article 226) for
the restoration of his/her fundamental right/s.

The enforceability of rights is a very important aspect of all

fundamental rights and hence, it is called as the “Right to
Constitutional Remedies.”
The Supreme Court or the High Court (as the case may
be) can issue orders (known as writs) and give
directives to the Government for the enforcement of
Fundamental Rights.
DIRECTIVE PRINCIPLES OF STATE POLICY
The Supreme Court of India while interpreting
Constitutional provisions elevated
some Directive Principles to the status of Fundamental
Rights., for instance, Right to

Equal pay for Equal work in Randhir Singh v. U.O.I. (AIR

1982 SC 879); Right to Clean and Healthy Environment in
case of M.C Mehta v. Kamal Nath, (AIR 2000 SC 1997);
Right to Free Legal Aid in the case of Hussainara Khatoon
V. Home secretary,( AIR 1979 SC 1369)
On the question of inter-relationship between
Fundamental Rights and Directive Principles, the Supreme
Court in Keshavananda Bharti's case held that
'Fundamental Rights and Directive Principles constitute the
conscience of the Constitution…

There is no contrast between the Fundamental Rights and

Directive Principles… and one supplements the other
 In Ashok Kumar Thakur v.Union of India (2008 (6) SCC 1)
Supreme Court held that no distinction can be made between
the two sets of rights.

The Fundamental Rights represents the Political and Civil

Rights and the Directive
Principles embody Social and Economic Rights.

Merely because the directive

principles are non-justiciable by the judicial process, it does
not mean that they are
of subordinate importance.
FUNDAMENTAL DUTIES
Fundamental Duties

The Constitution (forty-second Amendment) Act,

1976 added Part IV-A, Article 51-A on
Fundamental Duties of citizens, to the Constitution.

Fundamental rights have been provided at the cost of

some fundamental duties.

These are considered as the duties that must be and

should be performed by every citizen of India.

These are eleven in number

There is no provision in the Constitution to enforce
Fundamental Duties.

Supreme Court in Bijoe Emmanuel v. State of

Kerala (AIR 1987 SC478) held that duties imposed
on the citizens may be enforced through the
enactment of legislations.

For example
'The Prevention of Insult to National Honors' Act,
1971'punishes a person who insults
the national honors'.
These duties are read along with Fundamental Rights.

As stated by the Supreme Court in Mohan Kumar v.

Union of India AIR 1992 SC 1, the courts may also
enforce the duties while balancing and harmonizing
them with the Fundamental Rights.
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 which inspired our

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 amongst all the people of India transcending
religious, linguistic and regional or sectional diversities;

to renounce practices derogatory to the dignity of women

To value and preserve the rich heritage of our composite culture;

To protect and improve the natural

environment including forests, lakes, rivers and wild life, and to
have compassion for living creatures;

To develop the scientific temper, humanism and the spirit of

inquiry and reform;

To safeguard public property and to abjure violence;

To strive towards excellence in all spheres of individual and

collective activity so that the nation constantly rises to higher
levels of endeavour and achievement.
 LEGAL STUDIES

CLASS-XI

UNIT -1 CHAPTER -4

CONSTITUTIONAL PROVISION FOR AMENDMENT OF THE

INDIAN CONSTITUTION,ADULT SUFFRAGE, SINGLE
CITIZENSHIP,INDEPENDENT JUDICIARY
SCHEDULES TO THE CONSTITUTION

(MODULE 21)
CONSTITUTIONAL PROVISION FOR AMENDMENT
OF THE INDIAN CONSTITUTION
Part-xx Article 368 (1) of the Constitution of India grants
constituent power to make formal amendments and
empowers Parliament to amend the Constitution by way of
addition, variation or repeal of any provision according to
the procedure laid down therein, which is different from the
procedure for ordinary legislation.
Article 368 of the Indian Constitution mentions two
types of amendments to the Indian Constitution.

One type of amendment is by a special majority of the

Parliament (Lok Sabha & Rajya Sabha) and

the second type of the amendment is the by a special

majority of the Parliament with the approval by half of
the total states. 
The initial step of an Amendment is the introduction of a Bill
for the purpose in either House of Parliament.

The bill has to be passed in each House by a majority of the

total membership of that House and by a majority of not less
than two-thirds of that House present and voting.

The Bill is then sent for President's assent

Some amendments also require to be ratified by the
Legislatures of not less than one-half of the States by
resolutions to that effect passed by those Legislatures
before the Bill making provision for such amendment is
presented to the President for assent.
Ninety-Seven amendments have been made to the Constitution of
India, so far.

The Supreme Court in the case of Keshavananda Bharthi v. State

of Kerala AIR 1973SC 1461 case has restrained the powers of
Parliament to amend the Indian Constitution in respect of its
Basic Structure.
ADULT SUFFRAGE
Article 326 confers on the citizens of India the right to
vote in the general elections to the House of People
and to the Legislative Assemblies of States.

Every citizen who is not less than 18 years of age .

GROUND OF NON-QUALIFICATION

1. not disqualified under the Constitution

2. or any other law on the grounds of
unsoundness of mind,
3. no residence,
4. Crime
5. or corrupt
6. or illegal practice
7. shall be entitled to be registered as a voter
at any such election.
Suffrage, political franchise, or
simply franchise is the right to vote in public,
political elections (although the term is
sometimes used for any right to vote).

... Suffrage describes not only the legal right

to vote, but also the practical question of
whether a question will be put to a vote.
RESERVATION OF SEATS
Articles 330 and 332 provide for reservation of seats for
the Scheduled Castes and
Scheduled Tribes, in the House of People and Legislative
Assemblies respectively;

Article 331 provides for representation for members of

the Anglo-Indian community in the House of People.
SINGLE CITIZENSHIP
The Constitution of India provides single citizenship to its
citizens.

Part II of the Constitution of India contains provisions regarding

citizenship at the commencement of the Constitution
and other matters.

The Citizenship Act 1955 provides that

citizenship can be acquired by way of birth, descent or
registration.
The citizens of India enjoy political and civil rights
enshrined under the Constitution such as the right to
vote,

1. right to contest elections,

2. right to hold high offices such as that of
3. the President,
4. Vice President,
5. Governor,
6. Judges,
7. subject to satisfaction of other criteria
prescribed for the purpose
No citizen can be denied employment in any
State on the grounds of being nonresident
of that State.
Acquisition and Determination of Indian Citizenship
There are four ways in which Indian citizenship can
be acquired: birth, descent, registration and
naturalisation. The provisions are listed under
the Citizenship Act, 1955.
By Birth:

Every person born in India on or after 26.01.1950 but

before 01.07.1987 is an Indian citizen irrespective of
the nationality of his/her parents.

Every person born in India between 01.07.1987 and

02.12.2004 is a citizen of India given either of his/her
parents is a citizen of the country at the time of his/her
birth.

Every person born in India on or after 3.12.2004 is a

citizen of the country given both his/her parents are
Indians or at least one parent is a citizen and the other
is not an illegal migrant at the time of birth.
By Registration: Citizenship can also be acquired by registration.
Some of the mandatory rules are:

A person of Indian origin who has been a resident of India

for 7 years before applying for registration.

A person of Indian origin who is a resident of any country

outside undivided India.

A person who is married to an Indian citizen and is

ordinarily resident for 7 years before applying for
registration.

Minor children of persons who are citizens of India.

By Descent:
A person born outside India on or after January 26, 1950 is a
citizen of India by descent if his/her father was a citizen of
India by birth.

A person born outside India on or after December 10, 1992,

but before December 3, 2004 if either of his/her parent was a
citizen of India by birth.

If a person born outside India or after December 3, 2004 has to

acquire citizenship, his/her parents have to declare that the
minor does not hold a passport of another country and his/her
birth is registered at an Indian consulate within one year of
birth.
By Naturalisation:

A person can acquire citizenship by naturalisation

if he/she is ordinarily resident of India for 12

years (throughout 12 months preceding the date of
application and 11 years in the aggregate)

and fulfils all qualifications in the third schedule of the

Citizenship Act.

The Act does not provide for dual citizenship or dual

nationality. It only allows citizenship for a person listed
under the provisions above ie: by birth, descent, registration
or naturalisation.
INDEPENDENT JUDICIARY
Another notable feature of the Constitution of India is
its provisions which uphold the
independence of the judiciary from the influence of
other organs of the Government.

The Judiciary functions in accordance with the set

principles of the Constitution.
SCHEDULES TO THE CONSTITUTION
There are 12 Schedules attached to the
Constitution of India. They provide necessary
administrative details to the functioning of the
organs of Government. These Schedules
are amendable by Parliament.
The subject matters dealt with by the schedules are given
below:
First Schedule contains list of States and Union Territories
of India.
Second Schedule contains provision on the
emoluments, allowances and privilege, of President;
Governors; Speaker and Deputy Speaker of the House
of People; Chairman and Deputy Chairman of the
Council of States; Speaker and Deputy Speaker of the
Legislative Assembly; Chairman and Deputy Chairman
of the Legislative Council of a State; Judges of the
Supreme Court and of the High Courts; and
Comptroller and Auditor General of India.
Third Schedule of Constitution lists the forms of oath or
affirmation.

Fourth Schedule deals with allocation of seats in the Council

of States.

Fifth Schedule deals with provisions regarding

administration and control of
Scheduled Areas and Scheduled Tribes.
Seventh Schedule lists the subject matters in the form of
three lists namely List I -
Union list, List II -State list and List III -Concurrent list, over
which the Union and State Governments have authority to
make laws.

Eighth Schedule contains the list of languages recognized

by the Constitution.
Ninth Schedule covers validation of Acts and Regulations.
Tenth Schedule contains provisions as to disqualification on
grounds of defection.

Eleventh Schedule contains provisions on the powers,

authority and responsibilities
of Panchayats.

Twelfth Schedule contains provisions on the powers,

authority and responsibilities of
Municipalities.