Constitution of India
1) Indian Constitution
It was drafted by Made applicable COI contains 448
Adopted on 26th Nov
Constitution from 26th Jan articles, 25 parts
1949 (National Law
Committee under the 1950 (Republic & 12 schedules
Day)
chairmanship of Dr Day)
Bhim Rao Ambedkar.
2) Part III guarantees 6 fundamental Rights
Right of Equality Right of Freedom Right against exploitation
Article 14-18 Article 19-22 Article 23-24
2) Part III guarantees 6 fundamental Rights
Right of Freedom of Religion Cultural and Educational Right Right of Constitutional Remedy
Article 25 to 28 Article 29-30 Article 32
Preamble of the Constitution of India
We, the people of India having solemnly resolved to constitute India into
Socialist Secular Democratic
Sovereign Republic
(its policies will be (not having any 1 (Govt is of people
(Independent (Head of State elected
in favour of particular religion for people & elected
country) directly or indirectly by
society) only) by people)
people)
& to secure to all its citizens
Liberty Fraternity
Justice Equality
Of thoughts & To provide dignity &
In social , economic & Of status &
expressions, beliefs, promote
political opportunity
faith & worship brotherhood
Note:- The words Socialist & Secular were added after 42nd Constitutional
Amendment Act 1976 & made effective from 3rd Jan 1977
Purpose of Preamble
The preamble to the constitution is a key to open the minds of the makers and
shows the general purpose for which they made the several provisions in the
constitution. Preamble serves the following purposes:
1. It discloses the source of the constitution.
2. It discloses the source of the constitution.
3. It set out the rights and freedoms which the people of India wished to
secure for themselves.
4. It declares the nature of the government
In the case of Kesavananda Bharti vs. State of Kerala, the Supreme Court 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, the preamble is
neither a source of power to legislature nor creates a prohibition upon the
powers of legislature. It is not enforceable in courts of law.
Fundamental Rights
Fundamental right is called the Magna Carta of India. Exceptions to the equality
before law- Article 361 of the Constitution permits the following exceptions to
this rule –
• The President or the Governor of a State shall not be answerable to any
court.
• No criminal proceeding whatsoever shall be instituted or continued against
the President or a Governor in any court during his term of office.
• No Civil Proceeding in which relief is claimed against the President or the
Governor of a state shall be instituted during his term of office in any Court
in respect of any act done or purporting to be done by him in his personal
capacity.
Right of Equality (Article 14-18)
Article 14 Equality before the law and equal protection of law
1. State shall not deny to any 2. The right to equality is one of 3. Article 14 forbids class
person equality before the law basic feature of COI (SC legislation (like Brahmins,
& equal protection of Law judgement in case of India Kshatriyas, Vaisyas, Sudras
within territory of India Sawhney Vs Union of India) not allowed) but permits
classification.
Article 15 Prohibition of Discrimination on the Grounds
of Religion etc.
1) It prohibits the state from discrimination against any citizen of India on
grounds of
Place of Birth
Religion or Race or Caste or Sex or Any of them
or
2) No citizen shall be restricted in
Use of well, tanks,
Access to shops public
bathing ghats roads,
restraunts, hotels &
public parks which are
places of public
maintained by state
entertainment or
either wholly or partly
Article 16 Equality of Opportunity in Public
Employment
1) It guarantees equal employment opportunity to all citizens of India
in employments under the State.
2) Following are the exceptions:-
Reservation in public
State may prescribe On the grounds of
Employment can be
certain professional religious nature to
made for backward
qualifications for manage a religious
classes, scheduled
public employment institution
castes etc.
Article 17 Abolition of Untouchability
Its practice in any form is Instigation to
Untouchability is social boycot is not
abolished punishable
untouchability
(Devarajiah vs
Padamanna)
Article 18 Abolition of titles
1) No person can 4) A person who is 5) State may
use title like Sir, 3) No citizen can not a citizen of
2) However Military confer national
King, Prince etc. accept title India but working
& Academic Titles awards & titles
as prefix or from foreign under state can
are allowed like Bharat Ratna,
suffix to their state accept title from Khel Ratna etc. but
names foreign state after it cannot be added
President’s consent as Prefix or Suffix
Right to freedom (Article 19 to 22)
Article 19 guarantee 6 freedoms to citizens of India
Freedom of Freedom to Reside & Practice any
speech and Move freely
assemble Freedom to form Profession, or
throughout settle in
expression. peacefully Association & carry out trade,
the territory of any part of
without arms. Unions occupation,
India India
without weapons
business.
8 permissible restrictions on freedom of speech and expression
Sovereignty and
integrity of Defamation
India
Security of
Friendly Incitement to an
state Decency/
relation with Public order offence
foreign states Morality
Meaning 19 (1)(a)
In Prabhu Dutt vs. Union of India: Supreme Court held that right to know news and
information about the functioning of the Govt., is included in the freedom of Press.
In Union of India vs. Association for Democratic Reforms: Supreme Court held that people
have right to know about the candidate before voting. Thus, the law preventing the Election
Commission from asking for a candidate’s wealth, Assets, liabilities education and other such
information is invalid.
In Tata Press Ltd. vs. M.T.N.L. the Supreme Court held that commercial speech
(Advertisement) is a part of freedom of speech and expression as per Article 19(1) (a)
Meaning 19 (1)(a)
In Union of India vs. Naveen Jindal, the Court held that “Flying National Flag”
is fundamental Right under Article 19(1) (a).
Freedom of Silence – Right not to speak.
In Bijoy Emmanuel vs. State of Kerala: Freedom not to sing the national
anthem, but not to disrespect it. Students belonging to the Apostle’s creed
Christians did not sing the national anthem as their religion prohibits
glorification of anything else other than their God.
Article 20 guarantees 3 protections to all
Citizens of India
Protection from Double jeopardy
Protection from ex post facto Laws 1)No person can be prosecuted & Protection from self incrimination
1) New Law cannot treat/declare past punished more than once for the 1) No accused can be forced to
act as an offence. same offence give evidences against himself
2) New law cannot increase 2)But he can be prosecuted & 2) No accused can be forced to be
punishment for the past offence punished more than once for the witness against himself
same type of offence
3)e.g. Mr. A is a bitcoin trader. Suppose new law declares bitcoin trading as
an offence then Mr. A cannot be punished for his past bitcoins trading.
4)e.g. Mr. B committed a theft at a time when its punishment in law was 3
years but later on law got amended & punishment was increased to 30 yrs.
Mr B would be liable to 3 years imprisonment.
Article 21 Protection of Life & Personal Liberty
No person shall be deprived of his life & personal liberty except as per
the procedure established by law
The Right to Life includes
Right of a couple to
All those which Right to live with Right to live the
adopt a son (Philips
makes life personal human live free from
Alfred Malvin vs Y.J.
meaningful dignity noise pollution
Gonsalvis)
All citizens of India have personal liberty also. Held in the case of Kharak Singh vs
State of UP that the police making domiciliary visits to the houses of bad persons
was violation of personal liberty.
Held in the case of State of AP vs [Link],that refusal of application to
enter a medical college is not a violation of personal liberty.
Held in the case of Maneka Gandhi vs Union of India, denying
passport is a violation of one’s personal liberty.
Held in the case of Puttuswamy vs Union of India that right to
privacy is also a fundamental right under Article 21.
SELF -INCRIMINATION:
In Maneka Gandhi v. Union of India. The Court has given the widest possible
interpretation of personal liberty.
Right to life includes within its ambit the right to live with human dignity. The
Supreme Court held that the right to life defines not only physical existence but
the “quality of life.” This right is an inclusive right including the following:
Right to Travel abroad. (Satwant Singh v. Assistant Passport
officer)
Right to livelihood. ([Link] v. J.M.A Industries)
Right to Shelter. (Chameli Singh v. State of U.P.)
Right to Privacy. ([Link] Gopal v. State of T.N.)
In PUCL Vs. Union of India, the S.C. held that telephone tapping is
a serious invasion of an individual’s right to Privacy which is part
of the right to life and personal liberty.
Right to Health & Medical Assistance.
Protection of Ecology and Environmental Pollution
Right to education under Art. 21A
Prisoner’s Right: The Court held that if the Prisoner died due to
beating by Police Officer, his family is entitled to compensation.
Right to free Legal Aid
Right to speedy Trial
Right Against Handcuffing
Right against Delayed Execution
Right to food
Right to Marriage. (Lata Singh v. State of U.P.)
Right to Reputation
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.
Article 22 Protection against Arrest & Detention A
person arrested(other than alien enemies & preventive
detention) shall be given 3 rights
He shall be produced to
Grounds of arrest shall the nearest magistrate
He shall be given within 24 hrs. of his
be informed to him legal practioner arrest except the
travelling time
Right against
Exploitation
Prohibition of Human Trafficing & Prohibition of child labour under
forced labour under Article 23 Article 24
Article 23 prohibits human trafficking Article 24 prohibits employing
i.e. purchase & sale of human beings children below the age of 14 years
like goods. It also prohibits beggary or in factory or mines. To implement
forced labour i.e. making someone this Child Labour (Prohibition &
labour with force either with or without Regulation) Act 1986 is enacted
remuneration
Right to Freedom of Religion (Article 25 to 28)
Article 25 Freedom of Conscience etc.
Article 25 gives to every person
Freedom of
Conscience Propagate
(inner sense of any religion
To Practice Profess
right & wrong) of own choice
Held by SC in the case of State of Karnataka vs Dr.
Praveen Bhai Thogadia , that secularism means that
state shall have no religion of its own & every
individual irrespective of any religion should get
assurance from the state that he can practice, profess
& propogate his religion freely
Held by SC in Sabrimala Temple case that women of
any age group shall be allowed to enter the temple.
Article 26 Freedom to Manage Religious Affairs
Any religious
group/denomination can:--
Establish &
maintain To own & To administer
Manage its
Religious acquire such property
own affairs in
Institutions movable & as per law
matters of
immovable
religion
property
Article 27:- No person can be forced to pay religion Tax
or Tax on proceeds which shall be used for promotion
of Religion.
Article 28:- Freedom as to attendance in
religious workshops in Educational
Institutions:-
Educational Institutions wholly Educational Institutions receiving
maintained by State Funds grants from state funds
No religious Religious workshops can be held
instructions/workshops can be but attendance cannot be
held enforced
Cultural & Educational Rights of Minorities
(Article 29 & 30)
Who are Minorities?
Minorities have not been defined in [Link] as per SC
judgement in DAV College vs State of Punjab, minorities are
those persons who belong to a religion whose population
is less than 50% of state population(While considering state
Law) or less than 50% of India’s population (While
considering Central Law)
Article 29 guarantees 2 rights
(i) Any section of citizens of India
residing in any territory of India can
(ii) No citizen of India can be denied
preserve & practice their own
admission into an educational
distinct language & culture
institution maintained by State or
e.g. A person from Tamilnadu or Bengal which receives aid(grant) from state,
living in Delhi a Hindi speaking area can merely on the grounds of
speak their own distinct language & Religion,Race,Caste,Language
practice their culture & vice-versa
Article 30 guarantees 2 rights
(i) All minorities based either on religion
or on culture shall have a right to establish (ii) State while granting aid to
their own education institutions & run its educational institutes cannot deny
administration. State cannot interfere in such aid to an educational
administration of such institutes but can institution merely on the ground
surely investigate in mal administration or that its established by minorities or
mal practices(e.g. fraud, money
it does not follow directions of state
laundering etc.)
Article 32 Right to Constitutional
Remedy
If any of the fundamental rights have
been deprived then such person can
apply to Supreme Court under Article 32
for enforcing his fundamental rights.