Introduction to Constitution

Constitution refers to a document which lays down the basic principles of a country, rights, duties and other obligations
of its citizens. It acts as a guide to governance and guardian of the rights of people being a watchdog for the acts done by
the government. It delegates power to various authorities and relegates the powers accordingly to make sure that a
democracy does not turn into an autocratic rule or a dictatorship.
The main focus of any Constitution anywhere in the world is the welfare of people and proper functioning of the country.
However, with changing times and technology, the Constitution also requires a change in order to be in consonance with
the modern-day world.

Definition:
The term "Constitution" has been derived from a Latin word called 'constitutio' which actually means rules,
regulations and other orders forming several enactments or acts.

It is also derived from the verb "constitute" which means to set up, ordain, appoint, frame, form, make up or
compose. The term constitution literally means the action of constituting, framing or establishing something.
A national constitution, therefore, is defined as: "the system or body of fundamental principles according to which a
nation or state is constituted and governed.

What is the Meaning of Constitution?

A Constitution of a state is a fundamental set of principles or established precedents according to which the state is
governed. It outlines the organization, powers, and limits of government institutions, as well as the rights and duties of
citizens. It serves as the supreme law of the land, providing a framework for the functioning of the government, the
protection of individual liberties, and the maintenance of social order.

What is Constitution of India?

The Constitution of India is the supreme law of the Republic of India. It lays down the framework for the country’s
political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and
outlining the principles of governance. It is a set of rules and regulations guiding the administration of a country.

Meaning:
•Constitution refers to a document which lays down the basic principles of a country, rights, duties and other obligations
of its citizens.
•The Constitution acts as the foundation on which the basic framework of a state is laid down as to its government, the
structure of the government and processes which are essential in governing a state.
•The rules and the provisions laid out in the Constitution cannot be unilaterally changed, repealed or amended by any
ordinary or simple legislative enactment.
•Constitution means a well organised, enumerated and well-defined set of rights and fundamental principles which are
followed thereby to govern a state.
•The Constitution of any country depends upon the kind of government or the political order a country has. This is the
prime reason that the term Constitution cannot have a universally applicable definition.

It comprises of four steps of analysis:

Necessity:
A legitimate purpose or necessity for the limitation of the right must exist. For example, some common well-accepted
grounds are public order, public safety, and national security.
Suitability:
The proposed restriction on the right must be suitable to the purpose to be achieved. That is, the restriction must have
some connection to the objective the state seeks to achieve.
Minimal impairment:
It must be established that there is no less restrictive way of achieving the goal of the government. The restriction is the
least inconvenient method of achieving the goal of the government. The limit must impair the right or freedom no more
than is reasonably necessary to accomplish the objective.
Proportionality stricto sensu:
At the end, overall balancing is conducted to ensure that there is no injustice. In this step, any undesirable outcomes
resulting from the first three steps are rectified.
Note - Latin term translates to "in the strict sense" or "strictly speaking.
Importance
Constitution holds utmost significance in the functioning of a country due to a variety of reasons such as:

• It offers guidelines for governance, protect fundamental rights, and encapsulate societies' aspirational goals.
• It ensures that those who make decisions on behalf of the public fairly represent public opinion.
• It performs a definitive role in identifying the scope of government power, and in creating the institutional forms
to be erected for its exercise.
• A Constitution is the most elevated law of a country and mirrors the crucial standards on which arrangement of
government and organisation of nation is based.

Salient Features of the Indian Constitution

Lengthiest Written Constitution

The Constitution of India is the lengthiest of all the written Constitutions of the world. It is a very comprehensive and
detailed document.
• Several factors that have contributed to its elephantine size include – the need to accommodate the vast diversity
of the country, a single constitution for both the Center and States, the presence of legal experts and luminaries in
the Constituent Assembly, etc.
Drawn from Various Sources
The Constitution of India has borrowed most of its provisions from the Government of India Act of 1935 as well as from
the constitutions of various other countries.
Blend of Rigidity and Flexibility
Constitutions are classified into – rigid (requires a special procedure for its amendment) and flexible (can be amended in
the same manner as ordinary laws are made).
• The Constitution of India is neither rigid nor flexible, but a synthesis of both.
Federal System with Unitary Bias
The Constitution of India establishes a federal system of government and contains all the usual features of a federation.
However, it also contains a large number of unitary or non-federal features.
Parliamentary Form of Government
The Constitution of India has adopted the British Parliamentary System of Government. The parliamentary system is
based on the principle of cooperation and coordination between the legislative and executive organs.
Synthesis of Parliamentary Sovereignty and Judicial Supremacy
The synthesis of parliamentary sovereignty and judicial supremacy in India represents a delicate balance between the
authority of the legislature to enact laws and the power of the judiciary to review and interpret these laws in light of
constitutional principles.
• While Parliament retains the ultimate authority to make laws, the judiciary serves as the guardian of the
Constitution, ensuring that parliamentary actions adhere to constitutional norms and protect fundamental rights.
Integrated and Independent Judiciary
The Indian Constitution establishes an integrated and independent judicial system in the country.
• An integrated judicial system means that a single system of courts, comprising of Supreme Court, High Courts,
and Subordinate Courts, enforces both the central laws as well as the state laws.
• An independent judicial system means that the Indian judiciary operates autonomously, free from the influence
of the executive and legislative branches of government.
Fundamental Rights
The Indian Constitution guarantees 6 fundamental rights to all citizens, which promotes the idea of political
democracy in the country. They operate as limitations on the tyranny of the executive and arbitrary laws of the
legislature.
Directive Principles of State Policy
The Indian Constitution contains a set of principles in the form of Directive Principles of State Policy (DPSPs), which
denote the ideals that the state should keep in mind while formulating policies and enacting laws.
 • The Directive Principles seek to establish a ‘Welfare State’ in India by promoting the ideal of social and
economic democracy.
Fundamental Duties
The fundamental duties are a set of moral and civic obligations outlined in the Constitution of India.
• These duties serve as a guide for citizens to contribute towards building a strong and harmonious nation.
A Secular State
The Constitution of India does not uphold any particular religion as the official religion of the Indian State. Instead, it
mandates that the state treat all religions equally, refraining from favoring or discriminating against any particular
religion.
Universal Adult Franchise
The Indian Constitution adopts universal adult franchise as the basis of elections to the Lok Sabha and the State
Legislative Assemblies.
• Every citizen who is not less than 18 years of age has a right to vote without any discrimination based on caste,
race, religion, sex, literacy, wealth, and so on.
Single Citizenship
Single citizenship is a constitutional principle in India whereby all citizens irrespective of the state in which they are born
or reside enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made
between them.
Independent Bodies
The Indian Constitution has established certain independent bodies which are envisaged as the bulwarks of the
democratic system of Government in India.
Emergency Provisions
The Indian Constitution contains emergency provisions to enable the President to meet any extraordinary situation
effectively.
• The rationale behind the incorporation of these provisions is to safeguard the sovereignty, unity, integrity, and
security of the country, the democratic political system, and the Constitution.
Three-tier Government
The three-tier government refers to the division of governmental powers and responsibilities among three levels- the
central government, state governments, and local governments (Panchayats and Municipalities).
• This decentralized system allows for effective governance by delegating authority to address regional and local
issues, promoting participatory democracy and grassroots development.
Co-operative Societies
The 97th Constitutional Amendment Act of 2011 gave constitutional status and protection to co-operative societies.

Significance of the Constitution of India

• Rule of Law – The Constitution establishes the framework for governance based on the rule of law, ensuring
that no individual, including government officials, is above the law.
• Protection of Rights – It guarantees fundamental rights to citizens, safeguarding their freedoms of speech,
expression, religion, and more, while also providing mechanisms for legal redress if these rights are infringed
upon.
• Structure of Government – The Constitution delineates the structure of government, defining the roles,
powers, and limitations of the executive, legislative, and judicial branches. This separation of powers prevents
the concentration of authority and promotes checks and balances.
• Democratic Principles – Through provisions like a universal adult franchise, the constitution upholds
democratic principles by ensuring citizens’ participation in governance through free and fair elections.
• Stability and Continuity – The constitution provides stability and continuity in governance, serving as a
framework for guiding successive governments and preventing abrupt changes in the political system.
• National Unity – It fosters national unity by recognizing and respecting the diversity of the populace while
also promoting a sense of common citizenship and allegiance to the nation.
• Legal Framework – The constitution serves as the legal foundation upon which all laws and regulations are
based, providing consistency and coherence in the legal system.
• Adaptability – While providing a stable framework, the constitution also allows for necessary amendments to
accommodate changing societal needs and values, ensuring its relevance over time.
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;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND
GIVE TO OURSELVES THIS CONSTITUTION.

What are fundamental rights?

The Fundamental Rights in Indian Constitution are more detailed than those found in the Constitution of any other
country in the world. Fundamental Rights are guaranteed by the Constitution without any discrimination against all
persons. These are intended for promoting the idea of political democracy. They protect the freedoms and liberties of the
people against invasion by the State authority. They aim at establishing a government not of men but of laws.
6 Fundamental Rights of Indian Constitution
Originally, the Indian Constitution provided 7 Fundamental Rights which have now been revised to 6 Fundamental
Rights which are as follows-:

1. Right to equality (Articles 14–18)

2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29-30)
6. Right to constitutional remedies (Article 32-35)

The right to property was deleted from the list of Fundamental Rights of the Constitution by the 44th Constitutional
Amendment Act of 1978 and made a legal right under Article 300-A in Part 12 of the Indian Constitution.

6 Fundamental Rights of Indian Constitution

At present, there are only 6 Fundamental Rights in Indian Constitution. These are as follows with proper explanation:
Fundamental
Articles
Rights

(a) Article 14 - Equal protection of laws and Equality before law.

(b) Article 15 - Prohibition of discrimination on grounds of religion, caste, sex, place of
birth or race.
1. Right to equality
(c) Article 16 - Equality of opportunity in terms of public employment.
(d) Article 17 - Abolition of untouchability and prohibition of its practice.
(e) Article 18 - Abolition of titles except military and academic.

(a) Article 19 - Protection of six rights regarding freedom of:

(i) speech and expression,
(ii) assembly,
(iii) association,
(iv) movement,
2. Right to freedom (v) residence, and
(vi) profession
(b) Article 20 - Protection in a conviction for offences.
(c) Article 21 - Protection of life and personal liberty.
(d)Article 21A - Right to elementary education.
(e) Article 22 - Protection against arrest and detention in certain cases.

3. Right against (a) Article 23 - Prohibition of traffic in forced labour and human beings.
exploitation (b) Article 24 - Prohibition of employment of children in Companies and factories, etc.

(a) Article 25 - Freedom of conscience and free profession, practice and propagation of
religion.
4. Right to freedom
(b) Article 26 - Freedom to manage religious affairs.
of religion
(c) Article 27 - Freedom from payment of taxes for promotion of any religion or
religious affairs.
 (d) Article 28 - Freedom from attending religious instruction or worship in certain
educational institutions

5. Cultural and (a) Article 29 - Protection of language, script and culture of minorities.
educational rights (b) Article 30 - Rights of minorities to establish and administer educational institutions.
(a) Article 32 - Right to move the Supreme Court for the enforcement of fundamental
rights including the writs of
• Habeas corpus,
• Mandamus,
• Prohibition,
6. Right to • Certiorari,
constitutional • Quo Warranto
remedies (b) Article 33 - Provides the Parliament with the authority to limit or abolish the
fundamental rights of “Members of the Armed Forces, paramilitary forces, police forces,
intelligence agencies, and analogous forces”.
(c) Article 34 - Provides for the restrictions on fundamental rights while martial law
(military rule) is in force.
(d) Article 35 - Empowers the Parliament to make laws on Fundamental Rights.
6 Fundamental Rights

Right to equality (Article 14 - Article 18)

It is guaranteed Equality before Law and Equal Protection Laws, also the prohibition of discrimination on certain grounds
such as religion, race, caste, sex or place of birth gives equality of opportunity in matters of public employment. Abolish
the untouchability and prohibit its practice, Abolition of all titles except military and academic.

Right to freedom (Article 19 - Article 22)

Protection of six rights regarding freedom of speech and expression, assembly, association, movement, residence, and
profession. These six rights are protected against only state action and not private individuals. These rights are not
available to foreigners but available only to the citizens. Grants protection against excessive and arbitrary punishment to
an accused person. It is available for both citizens and foreigners. Right to Freedom also states that no person shall be
underprivileged of his life or personal liberty except according to procedure established by law. It also provides that the
State shall provide free and compulsory education to all children of age of six to fourteen years. It grants protection to
persons who are arrested or detained.

Right against exploitation (Article 23 - Article 24)

It prohibits human trafficking, forced labour and other similar forms of forced labour. It also prohibits the employment of
minor children below the age of 14 years in any mine, factory or other hazardous activities like construction work or
railway.

Right to freedom of religion (Article 25 - Article 28)

All persons are equally allowed freedom of conscience and the right to freely practice, propagate and profess religion.
Every religious section shall have the following rights:

• Maintain and establish institutions for religious and charitable purposes

• Manage its own affairs in matters of religion
• Acquire and own movable and immovable property
• Administer such property in accordance with the law
Gives Freedom from Taxation for the Promotion of a Religion it means no person shall be compelled to pay any taxes for
the maintenance or promotion of any particular religious denomination or section.

Cultural and educational rights (Article 29- Article 30)

Any section of the citizens in any part of India having a definite script, culture or language of its own, shall have the right
to conserve the same. 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 caste, language, religion or race. All minorities shall have the right to
administer and establish educational institutions of their choice.

Right to constitutional remedies (Article 32- Article 35)

The Right to Constitutional Remedies is one of the fundamental rights guaranteed to the citizens of India under Article 32
and Article 226 of the Indian Constitution. The 6th fundamental right, the right to constitutional remedies ensures
that citizens have access to justice and can seek redressal for the violation of their fundamental rights. It is also
called the right to get the Fundamental Rights protected is in itself a fundamental right. Article 32 empowers the
Parliament to authorize any other court to issue these writs and Article 226 empowers all the high courts of
India to issue the writs. The courts have the authority to issue various types of orders, including writs such as:
• Habeas Corpus: A writ that commands the authorities to produce a detained person before the court and ensure
their freedom if the detention is found to be illegal.
• Mandamus: A writ that orders a public official or authority to perform a specific duty that they are legally
obligated to do but have not fulfilled.
• Prohibition: A writ that is issued by a higher court to prevent a lower court or tribunal from exceeding its
jurisdiction.
• Certiorari: A writ that is issued by a higher court to quash the decision of a lower court or tribunal if it is found
to be beyond its jurisdiction or against the principles of natural justice.
• Quo Warranto: A writ that challenges the right or authority of a person holding a public office to inquire into the
legality of their appointment.

Fundamental Rights for Indian Citizens and Not for Foreigners

Articles Fundamental Rights

Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Article 16 Equality of opportunity in matters of public employment

Protection of six rights regarding freedom of:

(i) speech and expression,
(ii) assembly,
Article 19. (iii) association,
(iv) movement,
(v) residence, and
(vi) profession

Article 21 Protection of life and personal liberty

Article 30 Right of minorities to establish and administer educational institutions

Fundamental Rights for both Indian Citizens and Foreigners

There are some other rights in Indian Constitution which are applicable to both Indian and foreign citizens. These are
discussed below:
Articles Fundamental Rights

Article 14 Equality before the law and equal protection of laws

Article 20 Protection in respect of conviction for offences

Article 21 Protection of life and personal liberty

Article 21A Right to elementary education

Article 22 Protection against arrest and detention in certain cases

Article 23 Prohibition of traffic in human beings and forced labour.

Article 24 Prohibition of employment of children in factories etc.

Article 25 Freedom of conscience and free profession, practice and propagation of religion

Article 26 Freedom to manage religious affairs.

Article 27 Freedom from payment of taxes for promotion of any religion

Article 28 Freedom from attending religious instruction or worship in certain educational institutions)

Features of Fundamental Rights of Indian Constitution

1. Some Fundamental Rights are available only to the citizens while others Fundamental Rights are available to all
persons whether citizens, legal persons like corporations or companies or foreigners.
2. Fundamental Rights are not absolute but qualified.
3. The state can impose reasonable restrictions on them.
4. Some of them place limitations on the authority of the State because they are negative in character.
5. If and when they are violated, they allow persons to move the courts for their enforcement.
6. Fundamental Rights are justifiable.
7. They are guaranteed and defended by the Supreme Court.
8. During the operation of a National Emergency they can be suspended except the rights guaranteed by Articles 20 and
21.

Limitations of Fundamental Rights

In the Indian constitution, certain rights are defined as fundamental rights for the citizens of India. These rights are
called fundamental rights because they allow every citizen to live a life with dignity within the country and develop
their personal and social identity. The constitution makes these rights fundamental, implying that any citizen can seek
justice in court in case of denial or violation of any of these rights. Fundamental rights are the rights that apply to all
citizens irrespective of gender, caste, or religion. The law guarantees and protects these rights, and violations are
subject to judicial actions. The fundamental rights aim to uphold equality, dignity, and unity of the nation by
empowering people with constitutional support.
Limitations of Fundamental Rights:

The fundamental rights listed in the constitution have reasonable restrictions, which means they are not absolute and
depend on the conditions of national security, public influence, and relations with other countries. These rights include
certain restrictions and limitations, which are briefed as follows:
1. Social And Economic Rights Are Not Included:
The fundamental rights do not include important social and economic rights that are also important for individuals to
lead a quality life. The right to social security, the right to labor, and the right to employment are not considered
fundamental rights. Other countries like China provide such rights.
2. Lack of Clarity:
Many experts have found that certain terms and phrases used to define the various fundamental rights lack clarity as
their explanation is not given in the constitution of India. This creates some confusion or vagueness in understanding
the scope of these rights.
3. Subject to Changes or Abolishment:
The government of India has the authority to change, curtail, or abolish any fundamental rights. There are
apprehensions and criticism against this because of the political motivations that may enjoy majority support in the
parliament.
4. Suspension During Emergencies:
Fundamental rights are subject to suspension during the operation of a national emergency (except for the fundamental
rights defined under Articles 20 and 21. Citizens of the country will be deprived of their fundamental rights if a
national emergency is declared.
5. Preventive Detention:
Provisions for the concept of preventive detention where the state can impose reasonable restrictions on fundamental
rights are criticized in many forums. This is considered critical as it undermines the value and significance of
fundamental rights by conferring discretionary power on the state.
6. Expensive Judicial Process:
Ordinary people often don’t have the experience or financial means to go through the judicial processes to have their
fundamental rights enforced by the law. The judicial process is also expensive and complex and sometimes beyond the
reach of ordinary people.
7. Restriction of Laws:
The parliament can restrict the application of fundamental rights to the members of armed forces, paramilitary forces,
police forces, and intelligence agencies.
Important Points About Fundamental Rights
• The property right was initially included in the fundamental rights but by the 44th constitutional amendment act,
1978, it was deleted from the list of fundamental rights.
• Fundamental Rights are included in Part-III of the Indian constitution, also known as the Magna Carta of the Indian
Constitution.
• Article 13(2) of the Indian constitution states that no laws can be made that take away fundamental rights.
• If any bill approved by any legislature in the country is found to have violated any of the fundamental rights, the
bill has to be withdrawn.
Conclusion:
The fundamental rights are guaranteed and protected by the constitution of India and are applicable to every citizen of
India without any discrimination. There are some essential differences between fundamental and legal rights in the
process through which they are enforced. Fundamental rights are the backbone of the country and are crucial for
safeguarding citizens’ interests in maintaining life with freedom and equality. Certain rules and restrictions are
associated with fundamental rights as defined in the different articles of the constitution. A fair understanding and
awareness of the scope and limitations of fundamental rights are necessary to ensure their effectiveness.
Note:
• Habeas Corpus: To ensure the release of a person who has been unlawfully detained.
• Mandamus: To direct a public official or authority to perform a duty they are legally bound to perform.
• Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction.
• Certiorari: To quash an order passed by a lower court, tribunal, or authority.
• Quo Warranto: To inquire into the legality of a person's claim to a public office.
What is Unicameral Legislature?

It is a form of legislature where only one house (one central unit) exists to make and implement laws for the state/country.
To understand it clearly, let’s categorize it into two parts:

Unicameral National Legislature

In the case of Unicameral Union Parliament, the first example can be given of the country China where the National
People’s Congress is the national legislature and is the highest organ of the nation. There is no other organ in China which
administers laws for the country. A few other examples of the nations that have Unicameral National Legislatures are:

• Iran
• Norway
• Sweden
• Hungary

Unicameral State Legislature

In the case of the unicameral state legislature, Indian states are best examples to understand. Aspirants might know that in
India, a few states’ parliaments are unicameral in nature i.e. they have only one house to make a law. In states, these are
called as ‘legislative assemblies.’

Out of 28 Indian States, there are 24 states which have a unicameral structure. The list of these states are given below:

• Arunachal Pradesh • Meghalaya

• Assam • Mizoram
• Chhattisgarh • Nagaland
• Delhi • Odisha
• Goa • Puducherry
• Gujarat • Punjab
• Haryana • Rajasthan
• Himachal Pradesh • Sikkim
• Jharkhand • Tamil Nadu
• Kerala • Tripura
• Madhya Pradesh • Uttarakhand
• Manipur • West Bengal
What is Bicameral Legislature?

It is a legislative body with two houses. India is one such example where there are two houses both at union and also at 6
of its 28 states. In a bicameral legislature, the function to administer and implement the laws are shared between the two
houses.
At the central level, the Indian Parliament has two houses:
• Lok Sabha (Lower House)
• Rajya Sabha (Upper House)
At the state level, six of the 28 state legislatures have two houses:

• Legislative Assembly (Vidhan Sabha)

• Legislative Council (Vidhan Parishad)

The names of the six states having bicameral legislature are:

• Andhra Pradesh
• Bihar
• Karnataka
• Maharashtra
• Telangana
• Uttar Pradesh

Features of the Federal System of India

• Dual government polity

• Division of powers between various levels
• Rigidity of constitution
• Independence judiciary
• Bicameralism

All federations might not have all the above features. Some of them may be incorporated depending on what type of
federation it is.

Federalism in India
India is a federal system but with more tilt towards a unitary system of government. It is sometimes considered a quasi-
federal system as it has features of both a federal and a unitary system. Article 1 of the Indian Constitution states, ‘India,
that is Bharat, shall be a union of states’. The word federation is not mentioned in the constitution.
Elements of federalism were introduced into modern India by the Government of India Act of 1919 which separated
powers between the centre and the provincial legislatures.