CONSTITUTION

• Political systems are based on a constitution that de nes the structure & limits of government
power.
• A constitution is a special legal document that holds supreme authority in a political system.
• It contains the fundamental principles on which a state functions.
• It lays down the structure & functioning of the three organs of government.
• It re ects the ideals, values, & aspirations of the people.

STATE
• The word state can have di erent meanings in di erent contexts.
• In India’s casual context, we use the term state for units like Punjab, Haryana, Rajasthan etc.
• However, in political science, a state refers to a political entity that has four essential elements:
population, territory, government, & sovereignty.
• Population & territory together form the physical basis of the state, while the government forms
its political basis.
• Under Part III (Fundamental rights) & Part IV (DPSP) of the Indian Constitution the term state
includes all government authorities, from the highest to the lowest bodies.

GOVERNMENT
• It is the agent of the state & acts on its behalf.
• The three major functions of a state are: law-making, law implementation, & law adjudication.
• These functions are carried out respectively by the three organs of government: the legislature,
the executive, & the judiciary.
• Together, these organs ensure the proper functioning of the state.

SOVEREIGNTY
• It refers to the supreme decision making power of the state.
• It is of two types: internal & external.
• Internal sovereignty means that laws of the state are binding on all individuals & institutions
within its territory.
• External sovereignty refers to a state's ability to conduct its foreign relations independently,
without interference & pressure from other states. It is the power to have an independent for-
eign policy.
• Indian states like Punjab, Haryana, Rajasthan etc., enjoy administrative autonomy.
• Only countries like China, India, the USA etc. enjoy external sovereignty; individual states do
not.
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ORGANS OF GOVERNMENT

LEGISLATURE EXECUTIVE
• It is the law making body of the state. • It is responsible for implementing laws & running
• It may be unicameral or bicameral. the administration.
• A unicameral legislature has only one • It has two types: the temporary executive (minis-
house. Eg: China (the National Peo- ters) & the permanent executive (civil servants).
ple’s Congress). • Now the question arises: why are two executives
• A bicameral legislature has two hous- required? This is because: Ministers may have a
es—the lower house & an upper long term vision for the country’s development
house. but may lack technical expertise to utilize public
• Eg: France, India, the United Kingdom, funds.
& the United States. • Therefore, they are supported by civil servants,
• The French Parliament has the National who are selected through examinations, trained,
Assembly & the Senate. & assist in policy formulation & implementation.
• India’s Parliament consists of the Lok • Civil servants must work in accordance with the
Sabha & the Rajya Sabha. directives of ministers, since they are elected
• The Lok Sabha represents the will of the representatives of the people, & must avoid en-
people, while the Rajya Sabha repre- gaging in activism.
sents the interests of the states. • The temporary executive is also known as the po-
• Six Indian states have a Legislative litical executive.
Council: Andhra Pradesh, Telangana, • Most U.S. government jobs are merit based to-
Uttar Pradesh, Bihar, Maharashtra & day, but secretaries are political appointees
Karnataka. picked by the President & con rmed by the Sen-
• The UK Parliament has the House of ate.
Commons & the House of Lords. • Earlier, the spoils system gave government jobs
• The U.S. Congress consists of the to supporters as a reward, not based on skill.
House of Representatives & the Sen- • It became common during the presidency of An-
ate. drew Jackson in the 1800s.

JUDICIARY → It refers to the court system.

CONSTITUTIONALISM
• One of the main objectives of a constitution is to ensure a limited/restricted government, i.e.,
the powers of the government are limited/restricted by constitutional provisions.
• When a government operates strictly according to the limits & rules set by the constitution, it is
said to follow the principle of constitutionalism.

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 • This ensures that the government does not misuse its authority & remains accountable.

BIRTH OF THE CONSTITUENT ASSEMBLY

• M. N. Roy was the rst to propose the idea of a Constituent Assembly in 1934.
• The Indian National Congress o cially adopted this proposal in 1935 at the Lucknow session.
• Elections for the Constituent Assembly were held in July 1946.
• Its members were elected by the Provincial Legislative Assemblies through an indirect
method.
• The rst session of the Constituent Assembly convened on 9 December 1946.
• It was presided over by Dr. Sachchidananda Sinha, the temporary chairman.
• The Muslim League boycotted this session, insisting on a separate Constituent Assembly for
Pakistan.
• On 11 December 1946, Dr. Rajendra Prasad was elected as the permanent President of the
Constituent Assembly.
• On 13 December 1946, Pandit Jawaharlal Nehru presented the Objective Resolution, which
later became the philosophical foundation of the Preamble.

THE DRAFTING COMMITTEE

• The Constituent Assembly set up 22 committees to gather inputs on various aspects.
• Among them, the Drafting Committee was the most important.
• It was formed on 29 August 1947.
• It was chaired by Dr. B. R. Ambedkar.
• The other members were: Alladi Krishnaswamy Ayyar, B. L. Mitter, D. P. Khaitan, K. M. Munshi,
Mohammed Saadullah, & N. Gopalaswami Ayyangar.
• B. L. Mitter resigned due to ill health & was replaced by N. Madhava Rao.
• D. P. Khaitan died & was replaced by T. T. Krishnamachari.
• Sir B. N. Rau served as the constitutional advisor to the Assembly.

ADOPTION & ENFORCEMENT OF THE CONSTITUTION

• Our Constitution was based on consensus.
• It was adopted on 26 November 1949.
• As per Article 394, only certain Articles came into force on that day.
• These included Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, & 394.
• The entire Constitution came into e ect on 26 January 1950, as mentioned in Article 394.
• On that day, the Constituent Assembly ceased to exist.
• It became the Provisional Parliament of India.
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 • It functioned until the rst general elections in 1952.
• Thus, the Constituent Assembly acted as the rst provisional Parliament of independent India.
• This date was chosen to commemorate the demand for Purna Swaraj made by the Indian Na-
tional Congress at its Lahore Session on December 19, 1929, o cially promulgated on Jan-
uary 26, 1930.
• This idea was inspired by the American Declaration of Independence of 1776, drafted by
Thomas Je erson.
• From 26 January 1950, the o ce of Governor-General was abolished.
• It was replaced by the o ce of the President of India, who is elected indirectly.
• After independence, Lord Mountbatten served as the rst Governor-General of India.
• Chakravarti Rajagopalachari was the rst & only Indian to hold the o ce.
• He was the last Governor-General of India.
• The rst President of independent India was Dr. Rajendra Prasad.

JOURNEY OF THE CONSTITUTION

• The Constituent Assembly consisted of members from di erent regions of India & represented
various social groups.
• The downtrodden were represented by Dr. B. R. Ambedkar.
• The socialists were represented by Pandit Jawaharlal Nehru.
• The right-wing leaders were represented by Dr. Shyama Prasad Mukherjee, who founded the
Jan Sangh, which later became the BJP.
• This diversity ensured that the Constitution re ected a wide range of perspectives, making it a
truly democratic document.
• At its commencement, the Constitution had 395 Articles in 22 Parts & 8 Schedules.
• Today, it contains approximately 448 Articles, 25 Parts, & 12 Schedules.
• This shows that the Constitution has undergone several amendments over time.
• Starting in 2015, 26 November has been celebrated as Constitution Day to promote constitu-
tional values among citizens, such as dignity, equality & liberty.

POLITICAL IDEOLOGIES

A left-wing political party A centrist political party supports A right-wing political party
supports radical restructur- moderate policies & gradual re- supports maintaining the
ing of the system to bring forms rather than extreme posi- status quo & preserving the
economic & social change. tions. culture & traditions of soci-
Eg: CPI. Eg: INC & NCP. ety. Eg: BJP.

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 STRUCTURE OF THE INDIAN CONSTITUTION
• The Indian Constitution is organized into Parts, Articles, & Schedules.
• Parts cover the broader aspects of the Constitution.
• Eg: Part I to Part IVA are straightforward, containing only Articles.
• From Part V onwards, the Parts become multidimensional, divided into Chapters, each con-
taining Articles.
• Eg: Part V of the Constitution deals with the Union & includes Chapter I: The Executive, under
which all related Articles are listed.

• Each Article repre- • Article 21A indicates that it • Schedules provide explanations for
sents a speci c pro- was added through an some Articles to ensure consistency
vision. amendment. across the Constitution.
• Eg: Article 19 is a • Capital letters (A, B, C, etc.) • Eg: Article 1 states that India, that is
separate Article, & in article numbers indicate Bharat, shall be a Union of States.
Clause (1) under it is a that the provision was insert- • To maintain coherence between
sub-part of that Arti- ed through an amendment, Article 1 & 2, the names of all States
cle, written as Article not the sequence of & Union Territories are listed in
19(1). amendments. Schedule 1.

TYPES OF MAJORITY
SIMPLE MAJORITY
• More than 50% of the members present & voting.
• Eg: In LS of 543 members, if 400 are present & 40 abstain, then the number of members present
& voting is 360. The majority required would be 181.
• It is also called the working majority.
• It is the easiest type of majority.
• It is required to pass ordinary bills.
• If the Constitution does not specify the type of majority required, it is assumed to be a simple
majority.

ABSOLUTE MAJORITY
• More than 50% of the total membership of the house, regardless of how many members are
present & voting.
• This no. is always xed in a legislature.
• Eg 1: In the Lok Sabha with 543 seats, the absolute majority required is 272.
• Eg 2: In the Delhi Legislative Assembly with 70 seats, the absolute majority required is 36.
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 • It is also called the majority of the whole house.
• It is required to form the government at the Union & State level.
• The political party or coalition that secures an absolute majority is invited by the President (at
the Union level) or the Governor (at the State level) to form the government & take the oath of
o ce.

EFFECTIVE MAJORITY
• More than 50% of the e ective or current strength of the house.
• Total no. of seats — Vacant seats.
• Eg: In the Rajya Sabha with 245 seats & 5 vacancies, the e ective strength is 240, so the ma-
jority required is 121.
• It is required for passing resolutions, such as:
• Removal of the Vice President of India: rst, the Rajya Sabha must pass the resolution with an
e ective majority. After that, the Lok Sabha must approve it by a simple majority.
• Removal of presiding o cers in legislatures.
• Presiding O cer: The one who heads the proceedings.
• Lok Sabha & State Legislative Assemblies: Speaker & Deputy Speaker.
• Rajya Sabha & Legislative Councils: Chairman & Deputy Chairman.
• A resolution to remove the Speaker or the Chairman originates in the respective House.

SPECIAL MAJORITY
• It requires two conditions to be met simultaneously:
• Absolute majority
• 2/3 majority of the members present & voting.
• Eg 1: Lok Sabha has 543 seats, so absolute majority = 272. If 450 members are present & vot-
ing, 2/3 of 450 = 300. If only 298 vote in favor, the bill does not pass.
• Eg 2: If 400 members are present & voting, 2/3 = 267, & 270 vote in favor, the bill still does not
pass because the absolute majority (272) is not met.
• Eg 3: Suppose 272 members are present & voting; then all of them must vote in favor of the bill.
• It is required for:
• The passage of constitutional amendment bills under Article 368 in both houses of Parliament.
• Removal of Judges of the Supreme Court & High Courts, the CAG, the CEC, & State Election
Commissioners in both Houses of Parliament.
• Passing a resolution in the State Legislative Assembly requesting Parliament to create or abol-
ish a Legislative Council. The resolution is then sent to Parliament, which may approve or re-
ject it.

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 • Impeachment of the President under Article 61, requiring a two-thirds majority of the total
membership of each House separately—the toughest majority in the Indian Constitution.

IMPEACHMENT & REMOVAL (JUDICIARY)

FEATURES IMPEACHMENT REMOVAL

SEQUENCE First Later

DEFINITION Acquisition of misconduct O cially removed

AUTHORITY Parliament President

PURPOSE Investigation Removal

STATUS Holds o ce during the investigation O ce & position ✘

WRITTEN & UNWRITTEN CONSTITUTION

WRITTEN CONSTITUTION UNWRITTEN CONSTITUTION

• It is one whose provisions are • It does not mean that the provisions are not written
codi ed, i.e., they are systemati- down.
cally arranged in a single docu- • It is one whose provisions are not codi ed, i.e., they are
ment. not systematically arranged in a single document.
• Such a constitution is an enacted • Such a constitution is not an enacted one.
one. • Such a constitution is formed slowly over time through
• Eg: Constituent assembly (India) customs, laws, traditions, & accepted political prac-
& Philadelphia convention (USA). tices.
• All three organs of the govern- • Eg: The British constitution has been evolving since
ment derive their authority from 1215 AD, beginning with the Magna Carta, a decree
it. signed by King John that laid the foundation of modern
• This ensures constitutional su- democracy.
premacy, i.e., the constitution is • In this, parliamentary supremacy is followed, i.e., the
the supreme authority. Legislature is the supreme authority.
• Eg: France, India, & USA. • Eg: UK & New Zealand.

PARLIAMENTARY SUPREMACY IN UK
• It means that the British Parliament is the supreme law making authority.
• It can make laws on any subject.
• It can amend or repeal existing laws.
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• Its laws cannot be challenged or declared void by any authority.
• Scholars have noted that the British Parliament is extremely powerful, with the only limitations
being matters that are logically impossible, such as changing a man into a woman or vice versa.
• Although the British Parliament is sovereign, courts may interpret legislation.
• Judicial review exists in a limited form in the UK.
• The British courts cannot strike down laws enacted by Parliament due to parliamentary su-
premacy.

• However, in India, the Supreme Court can do so through judicial review.

• Eg: The Supreme Court declared the Electoral Bond Scheme unconstitutional because it vio-
lated voters’ right to information, which is part of the fundamental right under Article 19(1)(a).

POLITICAL SYSTEMS
• Political systems are classi ed by the relationship between the legislature & executive into
parliamentary, presidential, & quasi-presidential systems.

PARLIAMENTARY SYSTEM
• A parliamentary system does not simply mean that a country has a Parliament—since almost all
countries have a legislature.
• The term is used because, in this system, the executive is drawn from the legislature & remains
accountable & responsible to it, speci cally to the lower house.
• A key feature of the parliamentary system is the dual executive, consisting of a nominal Head
of State & a real Head of Government.

• In the United Kingdom, the Crown is the nom- • In India, the President is the nominal Head
inal Head of State, while the Prime Minister is of State & the Prime Minister is the real ex-
the real executive head of government. ecutive Head of government.

The real executive head has more executive powers than a nominal head.

FUSION OF POWERS IN A PARLIAMENTARY SYSTEM

• The executive is drawn from the legislature, therefore it leads to a fusion of powers.
• Eg: The Prime Minister & other ministers are members of the legislature, thereby ensuring a
close integration between the executive & the legislature.

This system originally evolved in the United Kingdom, which is why UK is known as the mother
of parliamentary democracy.

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THE INDIAN CASE
• The electorate does not directly elect the Prime Minister or the ministers; instead, they elect
representatives—MPs in Lok Sabha elections & MLAs in State Assembly elections.
• The party or coalition that secures a majority (absolute) forms the government, & its leaders
become ministers (executive).
• Ministers must be members of either the Lok Sabha or the Rajya Sabha at the Union, & of the
Legislative Assembly or the Legislative Council at the State level.
• This shows that the executive emerges from the legislature.
Article 75(5) allows a non-member to become a minister, provided they get elected within six
months. Eg: Mamata Banerjee (2021).

PRESIDENTIAL SYSTEM
• In this system, the Head of the State & the Head of the Government are the same person. Eg:
U.S. President.
• Members of the executive, i.e., ministers, cannot simultaneously be members of the legisla-
ture.
• This creates a clear separation of powers between the executive & the legislature.
• This system highlights independent functioning of all three organs of government. How?

THE USA CASE

• If the U.S. President appoints a member of Congress as a Secretary, that person must resign
from Congress before taking up the executive post.
• In the U.S., the electorate elects the legislature & the chief executive (the President) through
separate elections.
• The President is elected for a four-year term, the House of Representatives for two years, &
the Senators for six years.
• Even if the President’s party does not have a majority in the Congress, it does not a ect his
authority & position because the executive is independent of the legislative majority.

DOCTRINE OF SEPARATION OF POWER

• The functions of the State are: law-making, law implementation, & law adjudication.
• This idea was proposed by the French philosopher Montesquieu, who argued that the concen-
tration of all three powers in one person or institution may lead to dictatorship, such as
monarchic or military rule.
• In a democracy, therefore, these functions must be separated among three di erent organs.
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 • A strict form of separation of powers, • India follows a parliamentary system, so there is a
with clear boundaries between all fusion of executive & legislature rather than a
three organs, is more feasible in a strict separation of powers.
presidential system, such as United • Article 50 separates the judiciary from the execu-
States. tive in order to ensure fair justice.

• The distribution of powers between the Union Government & the State Governments in India
is called the division of powers, not the separation of powers.

DOCTRINE OF CHECKS & BALANCES

• Unlimited power vested in any one organ can lead to misuse.
• Eg: It may result in favoritism by the executive, biased laws by the legislature, or corruption
within the judiciary. Hence, the doctrine of separation of powers alone is not su cient.
• Therefore, for the smooth functioning of a healthy democracy, the doctrine of separation of
powers must be accompanied by the doctrine of checks & balances, which is considered an
essential element of democratic governance.

MUTUAL CHECKS ON POWER

• Under this system, each organ checks the powers of the other two & prevents the misuse of
power.
• Without such mutual checks, any organ may become arbitrary.
• Eg: The U.S. President chooses their secretaries, but their appointment requires Senate con-
rmation, ensuring a system of checks & balances.
• It ensures stability in governance in the following ways:
• It promotes transparency in governance.
• Helps protect citizens’ rights.
• Strengthens public trust in democracy.
• It was also given by Montesquieu.

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 THE USA CASE
LEGISLATIVE CHECK ON THE EXECUTIVE & JUDICIARY

• All appoint- • All international treaties signed by the President • The U.S. Congress
ments made by or on their behalf must be rati ed by the Senate, also has the authority
the Presi- before they become legally binding on U.S. to impeach the Pres-
dent—such as • Eg: The Senate refused to ratify the Treaty of ident & judges of the
ambassadors, Versailles after World War I & the Comprehen- Supreme Court.
federal judges, sive Nuclear-Test-Ban Treaty (CTBT). • The House of Repre-
secretaries— • The U.S. Senate rejected the Treaty of Versailles sentatives initiates
must be rati- & the CTBT to avoid involvement in European the charges, & the
ed by the con icts & to protect national security, respec- Senate conducts the
Senate. tively. trial.

• Since the U.S. Senate plays a crucial role in approving appointments, ratifying treaties, &
deciding impeachment trials, therefore it is the most powerful second chamber in the world.
• Appointments of secretaries, federal judges, & ambassadors require a simple majority in the
Senate.
• Treaty rati cation requires a two-thirds majority of the senators present & voting.

EXECUTIVE CHECK ON THE LEGISLATURE

VETO POWER POCKET VETO

• When a bill is introduced in the U.S. Congress, it may be pro- • A pocket veto is a special
posed either by a member of the House of Representatives or type of veto exercised by
by a Senator. the President.
• After both Houses of Congress pass the bill, it is sent to the • It occurs when a bill is sent
President. to the President & Con-
• The President may either sign the bill into law or withhold as- gress adjourns within ten
sent & return it to the House in which it originated, along with days (excluding Sundays),
his objections. & the President does not
• This power of the President to reject a bill is known as the veto sign the bill.
power. • In such a case, the bill does
• However, if the President vetoes a bill, Congress can still en- not become law.
act it into law by re-passing it in both Houses with a two- • The President is not re-
thirds majority of the total membership, even without the quired to return it to Con-
President’s approval. gress.

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 The Executive has no control over the Judiciary, except for judicial appointments.

JUDICIAL CHECK ON THE EXECUTIVE & LEGISLATURE

• The judiciary has the power to review executive decisions & laws made by the legislature.
• It can declare them void if they violate the Constitution.
• This power is called judicial review.
• India also follows this system of judicial review.
• Eg: The Supreme Court declared the Electoral Bond Scheme unconstitutional because it vio-
lated voters’ right to information, which is part of the fundamental right under Article 19(1)(a).

QUASI PRESIDENTIAL SYSTEM

• The term quasi means semi.
• It is a blend of both the presidential & parliamentary systems.
• Since it is closer to the presidential system, it is called a quasi-presidential system.
• It also known as a semi-presidential system.
• Eg: France, Russia, & Sri Lanka.
• France is the most famous example of this system.
• The President is the Head of State, while the PM is the Head of Government.
• A key feature is the possibility of cohabitation.

THE FRENCH CASE

PRESIDENTIAL FEATURES PARLIAMENTARY FEATURES

The President is directly elected by the peo- After appointing the Prime Minister, the Presi-
ple. dent appoints other ministers on the advice of
the PM.

The President appoints a Prime Minister of These ministers take part in the proceedings
their choice. of the National Assembly & are responsible to
it.

The ministers do not have to be members of _

the legislature.

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 COHABITATION RUN-OFF SYSTEM
• The President of France must be careful while ap- • It is used in French presidential
pointing the Prime Minister, as the Prime Minister elections, where a candidate must
must have an absolute majority in the National As- secure more than 50% of the votes
sembly. to win in the rst round.
• At times, the President & the Prime Minister may be- • If no candidate achieves this ma-
long to di erent political parties; this situation is jority, a second round (run-o ) is
known as cohabitation. held between the two leading can-
• In such cases, the President handles foreign a airs, didates.
while the Prime Minister is responsible for domestic • The candidate who obtains more
a airs. than 50% of the votes in the run-o
• Thus, executive powers are constitutionally shared is declared elected.
between the President & the Prime Minister. • Eg: Emmanuel Macron.

BAG OF BORROWINGS
• No constitution in the world can claim complete originality.
• Eg: The Philadelphia Convention, which drafted the U.S. Constitution, itself borrowed ideas
from political thinkers & philosophers.
• Similarly, India has borrowed provisions from various countries & given them an Indian color.

BRITISH • Bicameralism & Cabinet system

• Doctrine of pleasure
• Lawmaking procedure
• Rule of Law
• Parliamentary form of Government
• Parliamentary Privileges
• Single Citizenship
CANADA • Appointment of state governor by Centre
• Federal System with strong central authority
• Residual powers in the Centre
AUSTRALIA • Concurrent list or Cooperative federalism
• Freedom of Trade & Service within country
• Joint Sitting of Parliament

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 GOI ACT, 1935 • Administrative Details
• Emergency Provisions
• Federal Scheme
• Judiciary
• Public Service Commissions
• O ce of the Governor
SOVIET • Five-Year Plans
• Fundamental Duties
AMERICAN • Fundamental Rights
• Impeachment of President
• Judicial Review
• Post of Vice-President
• Removal of SC and HC Judges
IRISH • Directive Principles
• Election of the President of India
• Nomination of members to RS
WEIMAR • Suspension of the Fundamental Rights during Emergency

SOUTH AFRICAN • Amendment of Constitution

JAPAN • Procedure Established by Law

FRANCE • Concept of Republic

• Principles of Liberty, Equality & Fraternity.
• At the same time, India added its own unique features.
• Eg: Abolition of untouchability (Article 17), the Panchayati Raj system, & India’s form of secu-
larism.

The Indian Constitution can be regarded, to some extent, as a ‘bag of borrowings’, as it has
adapted ideas from various countries to suit India’s political, cultural, & social needs.

FLEXIBLE & RIGID CONSTITUTION

• The classi cation of a constitution as exible or rigid depends on its amendment process.

FLEXIBLE RIGID

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 • A exible constitution • A rigid constitution does not mean it cannot be amended.
can be amended easily • Its amendment process is complex.
by the union legislature • After an amendment bill is passed by the Union Legislature, it also
alone. needs to be rati ed by a certain number of State Legislatures.
• Eg: China & France. • Eg: India & the United States.

USA CASE INDIAN CASE

• In the USA, after a constitutional amend- • In India, rigid amendments require approval
ment bill is passed by Congress, it must be from both Houses of Parliament & at least
rati ed by three-fourths of the state legis- 50% of the state legislatures, including the
latures. legislatures of certain Union Territories (UTs).
• This stringent procedure is one of the rea- • Eg: Delhi, Jammu & Kashmir, & Puducherry.
sons why the U.S. Constitution has been • Currently, India has 28 states & 3 UTs with
amended only 27 times since 1789. legislatures; therefore, for such amendments,
• In Congress, a two-thirds majority of the approval from at least 16 legislatures is re-
total membership is required, whereas in quired.
the states, rati cation is done by a simple • In state legislatures, a constitutional amend-
majority. ment bill requires only a simple majority.

RIGID PROVISIONS OF THE INDIAN CONSTITUTION

• Article 54 & 55 → Election of the President. • Chapter I of Part XI → • Any list under
• Article 72 & 162 → Extent of the union & Center state relations schedule VII →
state executive powers. • Chapter IV of Part V → Union, state & con-
• Article 80 & 81 → Representation of states Union judiciary current list (+/-)
in the Parliament. • Chapter V of Part VI →
• Article 241 → High courts for the UTs State judiciary
• Article 279A → GST council
• Article 368 → Process of amendment of the
constitution.

Article 368

The question then arises: why were these provisions made so rigid? The answer is to safeguard
the interests of the states.

ARTICLE 368 RIGIDITY

• If Article 368 itself were exible, the entire Constitution would become exible.

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• Therefore, it was deliberately made rigid; otherwise, the Constitution would become a play-
thing in the hands of the Union government.

ARTICLE 368: PRESIDENTIAL OBLIGATION

• Article 368 speci es that the President is constitutionally bound to give assent to a Constitu-
tional Amendment Bill.
• If the President refuses to do so, it would be considered a violation of the Constitution, & he
may be impeached.
• Such a situation is hypothetical.

STATE & PROVINCE

FEATURES PROVINCE STATE

DEFINITION A division with closer union gov- A division with a higher self-gover-
ernment oversight. nance.

AUTONOMY & ↓ ↑

INDEPENDENCE
LAWMAKING Work under the Union Govern- Has its own distinct government
ment. with the power to make laws.

EXAMPLES Canada & China India & USA

FEDERAL & UNITARY SYSTEMS

• On the basis of the division of powers between the Union & the States or Provinces, political
systems are classi ed into unitary & federal systems.

FEATURES UNITARY SYSTEM FEDERAL SYSTEM

CONCENTRATION OF Concentrated in the Union Divided between the Union
government. government & State/Provincial
POWER
governments.

WORKING OF Work under the Union Govern- Both levels of government

ment & do not possess inde- function separately because
STATES/PROVINCES
pendent powers. powers are decentralized.

DELEGATION OF The Union government may The Constitution clearly divides

delegate powers, but it can powers, ensuring autonomy for
POWER
also withdraw or reduce them. both levels.
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 CORE PRINCIPLE Centralization of power Decentralization of powers

EXAMPLES China, France, & the UK. Australia, Canada, South

Africa, Switzerland, & the USA.

NOTE In the UK, regional parliaments India follows this model but
(Scotland, Wales, Northern Ire- gives more power to the Union,
land) exist, but the Parliament making it a federal system
in London is supreme. with a strong unitary bias.

INDIA: FEDERAL OR QUASI-FEDERAL SYSTEM?

• The Drafting Committee described India as a federal system, as it ful lls the all conditions of a
true federation.
• K. C. Wheare characterized India as a quasi-federal system. Why? This is because:
• After analyzing the functioning of various constitutional provisions, he concluded that although
India has a federal structure, it displays a strong unitary bias, during emergencies.
• He was in uenced by a comparison with the United States, which many scholars consider the
benchmark of a true federation.
• India with its cultural, regional & social diversity, did not strictly adhere to the American model,
leading Wheare to term it quasi-federal.

ESSENTIAL FEATURES OF A TRUE FEDERATION

• Constitution → Rigid, Supreme & Written.
• Bicameral legislature
• Division of powers
• Independent Judiciary
• These are only six features of a true federation, as identi ed by political thinkers.
• If a country possesses these six features, it is considered a federal country. Eg: India & USA.

HOW IS INDIA A TRUE FEDERATION?

• India ful lls all the conditions of a true federation. How?
• India has a WRITTEN CONSTITUTION, which is SUPREME.
• The provisions relating to CENTRE–STATE relations are RIGID in nature, i.e., they cannot be easily
amended.
• India has a BICAMERAL LEGISLATURE at the Union level, where the Lok Sabha represents the
will of the people, while the Rajya Sabha represents the States.

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 • There is a clear DIVISION OF POWERS between the Union government & the State govern-
ments, as mentioned in the schedule VII.
• The SUPREME COURT of India acts as an INDEPENDENT JUDICIARY, as it adjudicates disputes
between the Union & the States or among the States themselves without bias.

UNIQUE DOMINANCE IN INDIA

• India has a single Constitution for the entire country & single citizenship.
• Indian States are dependent on the Union government to a large extent. How? Article 3 gives
Parliament the authority to create new states, alter the area, boundaries, or names of existing
states.
• During a National Emergency, the division of powers is suspended, & the Constitution starts
functioning like a unitary Constitution.
• An analysis of the Schedule VII shows a unitary tilt: the Union List contains more subjects & more
important subjects than the State List.
• The Governor, who is the executive head of a State, is appointed by the Union government & is
not responsible to the people of the State & to the state government.
• O cers of the All India Services (IAS, IPS & IFoS) are appointed by the Union, but they mostly
serve in the States.

In conclusion, by summing up these features, Alexandrowicz termed India a sui generis case,
i.e., a federation of its own unique type.

• In the Concurrent List, if both the Union & a State make laws on the same subject & there is a
con ict, the Union law prevails.
• Residuary powers, i.e., subjects not mentioned in any of the three lists, lie with the Union
government. Eg: Modern issues such as AI, cryptocurrency, cybercrime, space etc.
• This is di erent from countries like the USA & Australia, where residuary powers belong to the
States.
• Although the Indian Constitution does not explicitly use the phrase residuary powers lie with
the Union, it clearly states that Parliament can legislate on subjects not mentioned in any of
the lists.

BLEND OF EXTREMES
• The Indian Constitution is a blend of extremes. How?
• It combines both federal & unitary features.
• It is mostly written but also has some unwritten conventions.
• It is both exible & rigid in nature.
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 • Some unwritten conventions are:
• Various ministers at the union or state level.
• President acts on PM’s advice.
• Governor acts on CM’s advice.
• In a year, the Parliament holds three sessions.

FEDERATION & CONFEDERATION

BASIS FEDERATION CONFEDERATION

MEANING A group of non-sovereign A group of sovereign states formed
units created constitutionally. through international treaties.

RIGHT TO SECEDE ✘ ✔

CENTRAL Strong Weak

AUTHORITY
EXAMPLES Punjab, Haryana etc. ASEAN, BRICS, G20 etc.

THE PREAMBLE: SOUL OF THE CONSTITUTION

• It is the prelude of the Constitution.
• Although it is not mandatory, it is a customary feature of a written Constitution.
• It contains the objectives, philosophy, & a brief summary of the Constitution, & is therefore de-
scribed as the soul of the Constitution.

• Dr. B. R. Ambedkar referred to Article 32—the Right to Constitutional Remedies—as the

heart & soul of the Constitution, while the Supreme Court has held that the Preamble repre-
sents the soul of the Constitution.
• Under Article 32, a citizen can directly approach the Supreme Court for the enforcement of
Fundamental Rights if they are violated.

SIGNIFICANCE OF THE PREAMBLE

• Its signi cance lies in the fact that it declares the supremacy of the people of India through its
opening words, “We, the People of India.”
• This shows that the Constitution is not imposed by any foreign power, but has been enacted by
the people of India through their representatives in the Constituent Assembly.
• It re ects the ideals & aspirations of the people of India.

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 IDEALS • Sovereignty, Socialism, Secularism, Democracy, & a Republican form of
government.

ASPIRATIONS • Justice, Liberty, Equality, Fraternity, & the Unity & Integrity of the Nation.
• It also contains the enacting clause i.e, the date of adoption of the Constitution—26 November
1949.

IS THE PREAMBLE PART OF THE CONSTITUTION?

TRADITIONAL VIEW MODERN VIEW

• Traditionally, the Preamble was not • The modern view recognizes the Preamble as a
considered a part of the Constitution, part of the Constitution.
because it is not numbered, & the • This view was upheld in the Kesavananda Bharati
Constitution could function without it. case (1973), where the Supreme Court held that the
• This view was expressed by the Preamble was adopted in the same manner as the
Supreme Court in the Re Berubari other constitutional provisions, that is, through
Union Case (1960), where the Court consensus.
held that the Preamble serves as a key • The Court also stated that the Preamble is neither
to the minds of the Constitution-mak- a source of power nor a source of limitations, but
ers. it plays an important role in the interpretation of
• The Supreme Court also stated that the provisions of the Constitution.
since the Preamble is not considered • In the LIC case (1995), the Supreme Court reiterat-
part of the Constitution, it is therefore ed that the Preamble is an integral part of the Con-
not enforceable in a court of law. stitution, but it is not enforceable in a court of law.

• Article 143 empowers the President to refer any question of law or fact of public importance
to the Supreme Court for its advisory opinion.
• Legal case notation, e.g., X vs Union of India or Y vs State of Z, refers to a case where X or Y (the
petitioner) is challenging the government (Union or State) in court.

AMENDMENT OF THE PREAMBLE

• It has been amended only once, through the 42nd Amendment Act of 1976, during the Emer-
gency.

ORIGINAL • Sovereign, Democratic, & Republic nation.

AMENDMENT • Socialist, Secular & Integrity.

• Original phrase “Unity of India” was changed to “Unity & Integrity of India.”
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 RESULT • SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC & REPUBLIC.

KEY WORDS OF THE PREAMBLE

SOVEREIGN
• The word ‘Sovereign’ in the Preamble re ects India’s sovereignty, i.e., that India became inde-
pendent on 15 August 1947 & the people became masters of their own destiny.

SOCIALIST
• The word “Socialist,” added by the 42nd Amendment, re ects India’s commitment to socialism.
• To understand Indian socialism, rst understand socialism itself, & to understand socialism, ex-
plore capitalism.

CAPITALISM
• It is based on individual ownership of the means of production & distribution.
• It emerged from the 17th-century ideology of liberalism, the oldest political-economic ideology.
• The term liberalism comes from the Latin word liber, meaning “freedom.”

STATE UNDER CAPITALISM

• Under capitalism, the state is minimal, performing primarily regulatory functions such as main-
taining law & order.
• The state supports institutions like the police, which are responsible for maintaining law & or-
der.
• It is considered a ‘necessary evil’ because, although it is needed to maintain law & order, it also
curtails individual freedom.
• The best state is considered to be the one that governs least.
• It does not interfere in economic a airs, as the economy is left to private individuals & market
forces.

LAISSEZ-FAIRE: ADAM SMITH’S ECONOMIC VISION

• Adam Smith, father of capitalism, supported a laissez-faire approach, meaning the state
should interfere as little as possible in economic a airs.
• He emphasized that personal freedom & market forces should be given priority in the function-
ing of the economy.

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 • His idea was that individuals, acting in their own self-interest within a competitive market, would
lead to economic growth.
• He also supported the idea of a minimal state.

PROBLEMS OF CAPITALISM
• During the Industrial Revolution, liberalism was the dominant ideology.
• In uenced by liberal principles, the state refrained from intervening in economic matters & did
not introduce strong labour laws or social welfare policies, allowing capitalists considerable
freedom. As a result, the exploitative nature of capitalism became visible. How?
• Workers were made to work for long hours in poor conditions & received very low wages,
while capitalists accumulated surplus value & became rich.
• This led to a widening gap between the rich & the poor; as a result, severe economic inequality
emerged.

MARX’S CRITIQUE OF LIBERALISM

• Karl Marx criticized liberalism, saying that mere political freedom is not enough; what society
really needs is economic equality.
• He argued that in capitalism, the capitalists exploit the workers. How?
• Workers produce all wealth but receive only low wages, while capitalists take the surplus prof-
it.
• Marx predicted that as this exploitation grows, workers would unite & revolt against capital-
ists.
• This revolution would overthrow capitalism & bring an end to it, & a new economic system, so-
cialism, would be established.

SOCIALISM COMMUNISM

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 • It is a system in which the means of production • It refers to a classless & stateless society in
& distribution are controlled by the state or so- which the means of production & distribu-
ciety for the welfare of people. tion are controlled by the community.
• Its guiding principle is, “From each according • Its guiding principle is, “From each accord-
to his ability, to each according to his work.” ing to his ability, to each according to his
• According to Karl Marx, socialism is a transi- needs.”
tional stage between capitalism & communism. • According to Karl Marx, a classless society
• In this stage, people gradually become equal means a society where class distinctions
workers, class di erences begin to disappear, disappear & workers control resources &
& society moves towards communism. production.
• The main aims of socialism are: • It is described as an utopian society because
• To reduce economic inequality complete equality & the absence of the
• Prevent exploitation state are di cult to achieve in practice.
• Promote social welfare • Marx considered communism the nal
• Ensure the fair distribution of resources stage of social development after socialism.

• Human society has developed through di erent stages over time.

• First was the primitive communal society, where people lived in small groups & shared
everything.
• After that came the slave system, where some people owned others as slaves.
• Then developed feudalism, where landowners controlled land & farmers worked for them.
• Next came capitalism, where private individuals & companies own businesses & produce
goods for pro t.
• After capitalism, socialism is considered a transition system where the state controls re-
sources to reduce inequality.
• The nal theoretical stage is communism, where all property is shared equally, there is no
class system or private ownership, & there is no need for a state.
• In the real world, no country is fully communist, but countries like China follow a communist
political system while also using some capitalist economic practices, which is why they have
become economically powerful.

GANDHI’S IDEA OF A STATELESS SOCIETY

• He also supported the idea of a stateless society, but his view was based on enlightened anar-
chism, meaning that people should govern themselves through SATYAGRAHA rather than state
control.

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 DIMENSIONS OF INDIAN SOCIALISM

MIXED DEMOCRATIC MAIN

ECONOMY SOCIALISM OBJECTIVE
• A mixed economy • India follows democratic or • The main objective of Indian social-
is an economic sys- Fabian socialism, which ism is:
tem in which both means socialism is achieved • To establish a welfare state that en-
the government & through democratic & parlia- sures social justice, reduces eco-
private individuals mentary methods rather than nomic inequality, & improves the
participate in the revolution. quality of life.
production & dis- • Eg: Abolition of the zamin- • To develop a socialistic pattern of
tribution of goods & dari system & the national- society where economic growth is
services. ization of banks. combined with public welfare.

ROLE OF STATE IN LIBERALIZATION

• When India entered the era of liberalization in 1991, it was believed that the role of the state
would decline & that the market & private sector would drive the economy. However, experi-
ence has shown that the role of the state still remains important. How?
• One major challenge is UNEVEN DEVELOPMENT.
• Two di erent corridors have emerged in the country — the “Blue Corridor” & the “Red
Corridor.”

• The Blue Corridor includes re- • The Red Corridor includes con ict-prone & underdevel-
gions such as the Mumbai–Pune oped regions such as Jammu & Kashmir, Nagaland, Ma-
belt, Bengaluru–Chennai belt, nipur, & Naxal-a ected areas of Jharkhand & Chhattis-
parts of Telangana, Gujarat, garh, where industries & investments are limited.
Rajasthan, Odisha, & the NCR, • In such regions, the state plays an important role in main-
where industries & investments taining peace & creating infrastructure, thereby attract-
are growing rapidly. ing investment.

• WELFARISM continues to be important in the era of liberalization because problems like dis-
ease, poverty, pollution, hunger, & unemployment still exist.
• That’s why both the Union & State Governments run welfare schemes.
• The government has also involved the private sector through the Public-Private Partnership
(PPP) model. Eg: DMRC, IGI etc.
• Also, the Companies Act made Corporate Social Responsibility (CSR) compulsory for certain
large companies, such as the Tata Group, Infosys, & Reliance Industries.

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 • Another role of the state is the PROTECTION OF WORKERS & CONSUMERS through labour
laws & consumer protection laws, respectively.
• The government ensures fair wages, safe working conditions, & protection against exploita-
tion.
• The state also plays a crucial ROLE DURING DISASTERS & EMERGENCIES through National
Disaster Response Force (NDRF), which provides rescue.

Thus, the state’s role remains vital in ensuring balanced development & alongside market-led
progress.

SECULARISM
• It refers to religious neutrality on the part of the state.
• It means that the state does not have any o cial religion & does not associate itself with any
particular religion.
• The state does not interfere in the religious beliefs, institutions, & practices of citizens unless
necessary for public order or welfare.
• It guarantees freedom of conscience.
• A secular state treats all religions equally & does not discriminate against citizens on the basis
of religion.

SECULARISM IN WEST & INDIA

WESTERN IDEA INDIAN IDEA

• The modern idea of secularism • In the Indian context, secularism does not simply mean
developed from the history of the separation of religion & state.
Western Europe, where religion • It also means equal protection & equal treatment for all
& state were separated to avoid religions by the state.
religious domination in politics. • Eg: Ajmer Sharif Dargah, Amarnath Yatra, Haj Committee of
• Thomas Je erson: There should India, Kailash Mansarovar Yatra, Kumbh Mela etc.
be a “wall of separation” be- • This approach promotes unity & harmony in a diverse
tween the state & religion. society like India.

• Indian secularism is mainly based on the ideas of Mahatma Gandhi & Jawaharlal Nehru.

GANDHIAN VIEW NEHRUVIAN VIEW

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 • He believed in the peace- • For Nehru, a secular state had three important meanings:
ful coexistence of all reli- • Every person should have the freedom to follow any religion or
gions & promoted the idea irreligion.
of Sarva Dharma Samb- • The state should honor all religions equally.
hava, which means equal • The state should not be attached to any one religion because
respect for all religions. that would make it a state religion.

LEGAL DIMENSIONS OF INDIAN SECULARISM

• The Indian Constitution strongly supports the principle of secularism. How?
• Article 15 prohibits the • Article 16 ensures equality of opportuni- • Articles 25 to 28
state from discriminat- ty in public employment. guarantee the Right
ing against any citizen on • It prohibits discrimination in public re- to Freedom of Reli-
the grounds of religion or cruitment on the basis of religion & other gion as Fundamen-
other grounds. grounds. tal Rights.

The above three Articles also ensure that the state does not favor any particular religion.

• Article 326 provides for universal adult su rage/franchise, which gives every adult citizen the
right to vote without discrimination on the basis of religion & other grounds.

SCHOLARLY DEBATES IN INDIA ON SECULARISM

• Some scholars believe that India is a secular state because they have considered the constitu-
tional provisions.
• However, other scholars argue that India is not completely secular & describe it as a “pseudo-
secular” state. Why? This is because of:
• Communal violence that occur from time to time in di erent parts of the country, showing the
existence of religious tensions in society.
• Aftermath of the Shah Bano case & the demolition of the Babri Masjid, are cited as examples of
how politics & religion became interconnected.

• To strengthen secularism, India requires mutual respect, understanding, & tolerance among
di erent religious groups. Education plays an important role in developing these values.
• “Since wars begin in the minds of men, it is in the minds of men that peace must be built.”

DEMOCRACY
• Democracy is derived from the Greek words demos & kratia, which mean “people” & “rule” re-
spectively. Therefore, democracy means “rule by the people.”
• The most common form of democracy is democracy as a form of government. It includes:
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• The presence of more than one political party competing for the votes of the people.
• Regular elections based on universal adult su rage.
• Freedom of the press.
• Protection of rights & liberties of citizens.
• It follows the rule of the majority while giving constitutional recognition & protection to minori-
ty rights.

These features are also the principles of a liberal democracy.

DEMOCRACY AS AN IDEAL
• It promotes justice, liberty, equality, & fraternity in society.
• In a democratic system, decisions are taken through consensus, which re ects rational thinking.
• The government is accountable to its citizens.
• It ensures that people participate in governance either directly or indirectly through elected rep-
resentatives.

TYPES OF DEMOCRACY

DIRECT INDIRECT
• In this, people directly participate in the process of • In this, people govern through their
governance. elected representatives; therefore,
• It is practiced in countries with a small & less diverse it is also called representative
population. democracy.
• Eg: Switzerland follow direct democracy, where ini- • It is feasible in large countries such
tiative & referendum are practiced in matters related as India and the United States, as
to constitutional laws. governing a large & diverse popula-
• It works through four devices—Initiative, Referen- tion through direct participation is
dum, Recall, & Plebiscite. impractical.
• It increases citizen participation & political aware- • It provides stability & e cient ad-
ness. ministration in large states.

• Initiative is a method by which people ini- • Referendum is a device through which a law
tiate laws to be made. passed by the government is referred to the
people for approval.

• Recall allows voters to remove an elected • Plebiscite is a method used to know the opin-
representative before the completion of ion of people on an issue of political impor-
the term if the majority of voters desire so. tance.

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FPTP
• India follows the First-Past-the-Post (FPTP) system of elections.
• In this system, the candidate who secures the highest number of votes in a constituency is de-
clared the winner, even if the candidate does not get an absolute majority of votes.

DEMOCRACY IN INDIA
• Direct democracy is not feasible in India because:
• Population ↑
• Diversity ↑
• Geographical area ↑
• Political awareness ↓
• The First-Past-the-Post voting system also supports representative democracy as it ensures
public participation, local representation, & accountability of elected leaders to voters.

PARTICIPATORY DEMOCRACY
• This can be strengthened in India by encouraging public involvement. How?
• Empowering grassroots democratic institutions such as Gram Sabha & Gram Panchayats.
• Political parties & bureaucrats should be made accountable & responsible to the people.
• Workers’ participation in decision-making at workplaces.
Participatory democracy increases citizen involvement & public awareness, thereby making
democracy more e ective & inclusive.

REPUBLIC
• A form of government in which the head of the state is elected, either directly or indirectly, &
does not hold o ce on a hereditary basis.
• India is a republic because its head of state, the President, is elected indirectly by elected
members of Parliament & State Legislatures.

JUSTICE
• The Constitution provides three types of justice — social, economic, & political justice.
• Social justice → Articles 15 & 16 & certain DPSPs.
• Economic justice → Article 39(b) & 39(c).

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• Political justice → Article 326

LIBERTY
• It guarantees liberty of thought, expression, belief, faith, & worship.

LIBERTY OF ENSURED THROUGH

Thought & Expression Article 19(1)(a)

Belief, Faith & Worship Articles 25 & 26

UNDERSTANDING LIBERTY: NEGATIVE & POSITIVE DIMENSIONS

• Traditionally, liberty means the ab- • Neoliberals believe that liberty means the presence of
sence of restraints, especially by the opportunities & conditions that allow individuals to
state. fully enjoy their freedom.
• This idea is known as negative liber- • This idea is called positive liberty or “freedom
ty or “freedom from the state.” through the state.”

Law & liberty are not opposed to each other; rather, law is a necessary condition for liberty.
Without proper laws, freedom may lead to anarchy.

EQUALITY
• It means the absence of special privileges based on caste, religion, gender, race, or place of
birth.
• It guarantees that all individuals are treated equally before the law.
• This is ensured through Articles 15 & 16.

FRATERNITY
• It means a sense of universal brotherhood.
• All people belong to one human family & should live together with harmony.
• “Vasudhaiva Kutumbakam” — meaning “the whole world is one family” — re ects the spirit of
fraternity.
• However, challenges such as communalism, casteism, & regionalism weaken the spirit of fra-
ternity.

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PART 1 —THE UNION & ITS TERRITORY (ARTICLES 1 to 4)
ARTICLE 1 (UNION OF STATES)
• Article 1 states that India, that is Bharat, shall be a “Union of States.”
• Why not federation? This is because:
• The Indian Union is not the result of an agreement among independent states, unlike USA.
• The states in India have been created according to the procedures mentioned in the Constitu-
tion, mainly for administrative convince.
• Since the states did not create the Union, they do not have the right to secede from it.
Therefore, the essence of Article 1 is that the Indian Union is indestructible, even though the par-
liament may alter boundaries or names of states.

• The term “Union of India” refers to the • The “territory of India” includes the territories of
states that are part of the Indian federa- the states, the Union Territories, & any other terri-
tion. tories that may be acquired in the future.

This shows that the territory of India is wider than the Union of India.

ARTICLE 2
• Article 2 empowers the Parliament to admit new states into the Union or establish new states on
terms & conditions decided by it. Eg: Sikkim & Telangana.

ARTICLE 3
• Article 3 gives Parliament the authority to create new states, alter the area, boundaries, or
names of existing states. Eg: Kerala.

REORGANIZATION OF STATES
• The procedure for the creation of new states or alteration of existing states in India is governed
by Articles 2, 3, & 4.

The draft of such a bill is prepared by the Department of States under the Ministry of Home Af-
fairs.
↓
The bill can be introduced in either House of Parliament only with the prior recommendation of
the President.

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 ↓
Before giving this recommendation, the President refers the bill to the concerned state legisla-
ture to express its views within a speci ed period.
↓
If the state legislature does not respond within the given time, it is assumed that its views have
been conveyed.
↓
After this process, the bill is introduced in Parliament.
↓
The Parliament is not bound by the opinion of the concerned state legislature & may accept or
reject its suggestions.
↓
Even if the bill is amended in Parliament, it is not necessary to refer it again to the state legisla-
ture.
↓
The bill is passed by a simple majority in Parliament.
↓
After receiving the assent of the President, the new state is created.

The same procedure is followed for changing the area, boundaries, or names of existing states
& for the creation of Union Territories.

UNION INDESTRUCTIBLE BUT STATES ALTERABLE

• The essence of Article 3 is that the states in India are destructible because Parliament has the
authority to alter or reorganize them.
• When Articles 1 & 3 are read together, they show that India is an “indestructible Union of de-
structible states.”
• This means the Union cannot be broken, but the states can be reorganized according to consti-
tutional procedures.

ARTICLE 4
• Article 4(1) states that any law made under Articles 2 or 3 shall include necessary changes in the
Schedule I & Schedule IV.

• The Schedule I contains the names of states & Union Territories.

• The Schedule IV deals with the allocation of seats in the Rajya Sabha.

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• Article 4(2) further clari es that laws made under Articles 2 or 3 are not considered constitution-
al amendments. Therefore, such laws are passed by a simple majority.

REORGANIZATION OF THE STATES

• After independence, the integration of princely states was an ad hoc arrangement.
• There was a need for the reorganization of states because:
• Of the uneven growth of provinces.
• Disparities among states.
• The multilingual nature of many regions.
• The Constituent Assembly classi ed the states into 4 categories — A, B, C, & D.

DHAR COMMISSION
• In 1948, the Union Government set up the Dhar Commission to examine the issue of the reorgani-
zation of states on a linguistic basis.
• It was headed by Justice S.K. Dhar of the Allahabad High Court.
• The commission accepted the importance of language but gave greater importance to historical,
geographical, & economic factors.
• It recommended the reorganization of states on the basis of administrative convenience rather than
language.

JVP COMMITTEE
• In December 1948, the Congress appointed the JVP Committee. Why? To reconsider the issue.
• It consisted of Jawaharlal Nehru, Sardar Vallabhbhai Patel, & Pattabhi Sitaramayya.
• It rejected linguistic reorganization at that time but stated that the matter could be reconsidered if
there was strong public demand.

STATE REORGANIZATION COMMISSION

• On 1st October 1953, Andhra became the rst linguistic state created in India after the fast-unto-
death of Sriramulu.
• In December 1953, the Union Government appointed the States Reorganization Commission under
the chairmanship of Fazal Ali, with K. M. Panikkar & H. N. Kunzru as members.
• It supported reorganization mainly on linguistic basis along with administrative convenience.

STATE REORGANIZATION ACT, 1956

• As a result, the States Reorganization Act, 1956 created 14 states & 6 Union Territories.

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 • The 14 states were Andhra Pradesh, Assam, Bihar, Bombay, Jammu & Kashmir, Kerala, Madhya
Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh, & West Bengal.
• The 6 Union Territories were Andaman and Nicobar Islands, Delhi, Himachal Pradesh, Laccadive,
Minicoy & Amindivi Islands, Manipur, & Tripura.

LINGUISTIC STATES
ADVANTAGES DISADVANTAGES
• Linguistic reorganization promoted cultural unity. • Linguistic reorganization created certain
• Before 1956, English was widely used as the lan- challenges for national unity. How?
guage of administration, which was not under- • It became a hindrance to the development
stood by the majority of the population. of a common national language for the
• After the reorganization of states in 1956, admin- country.
istration began to be carried out in regional lan- • It encouraged narrow regionalism & local-
guages, making governance easier & accessible. ism, which were re ected in political slo-
• It encouraged the growth of vernacular & regional gans such as “Mumbai is for Mumbaikars”
languages. & the “sons of the soil” theory.
• It strengthened regional identity. • Such tendencies promoted regional inter-
• It increased participation in administration. ests over national interests.

JUSTIFICATION FOR SMALLER STATES

• Smaller states are justi ed on the grounds of developmental needs & administrative convenience.
• Smaller states make it eas- • Administration becomes more e cient. How? The government
ier for the government to can respond quickly to:
focus on local problems & • Needs of the people
ensure balanced develop- • Maintain better law & order
ment. • Improve the delivery of public services.

PART II — CITIZENSHIP (ARTICLES 5 to 11)

• Individuals living in a state are of two types — citizens & aliens.
• A citizen is a person who enjoys all political & legal rights provided by the state.
• Aliens are divided into two categories: aliens belonging to friendly states & aliens belonging to en-
emy states.

RIGHTS ENJOYED ONLY BY INDIAN CITIZENS

• Right against discrimination → Article 15
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 • Right to equality of opportunity in public employment → Article 16
• Six democratic freedoms → Article 19(1)
• Cultural & educational rights (also known as minority rights) → Article 29 & 30
• Right to vote → Article 326
• Right to hold Constitutional o ces under various provisions of the constitution.

CONSTITUTIONAL PROVISIONS w.r.t CITIZENSHIP

• Articles 5 to 11 deal with the subject of citizenship & empower Parliament to regulate it.
• Citizenship is granted by the Union Government. Why? Because citizenship is a subject under
the Union List.
• Article 9 prohibits dual citizenship. How? If a person voluntarily acquires the citizenship of anoth-
er country, he or she ceases to be an Indian citizen.

ARTICLE 5 ARTICLE 6
• It provides citizenship by domicile. • It deals with citizenship by migration from the
• It includes persons: territory that later became Pakistan.
• Who were born in the territory of India. • Persons who migrated to India before 19 July
• Whose one or both parents were born in India. 1948 automatically became citizens.
• Who had been ordinarily residing in India for at • While those who migrated after or on that
least ve years before the commencement of date had to register themselves before an
the Constitution. Eg: Anglo-Indians. o cer appointed by the Government of India.

ARTICLE 11
• It empowers Parliament to regulate citizenship, leading to the Citizenship Act, 1955, which provides
ve ways to acquire Indian citizenship.

CITIZENSHIP BY • It is granted to a person born in India if either one or both parents are Indi-
BIRTH an citizens.
• It is known by the Latin term jus soli, meaning “law of the soil.”
• The parentage condition was added through the 1986 amendment.
CITIZENSHIP BY • It is granted to a person born outside India if one or both parents are Indian
DESCENT citizens.
• This principle is known as jus sanguine, meaning “law of blood.”

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 CITIZENSHIP BY • It can be acquired by:
REGISTRATION • Persons of Indian Origin (PIOs)
• Persons married to Indian citizens
• Minor children of Indian citizens (2 years)
• Provided they ful ll the residential quali cation, i.e., residence in India for at
least 90 days in each year for ve years.

CITIZENSHIP BY • It is available to foreigners who do not belong to the above categories but
NATURALIZATION ful ll the residential quali cation, i.e., residence in India for at least 90 days
in each year for 12 years. Eg: Mother Teresa (born in Albania).

CITIZENSHIP BY • When a new territory becomes part of India, its people are o ered Indian
INCORPORATION citizenship if they choose to accept it. Eg: Puducherry & Sikkim.

• In cases of registration & naturalization, ful lling the residential quali cations only makes a person
eligible to apply for Indian citizenship; it does not guarantee citizenship, as the nal decision rests
with the Union Government.
• An NRI (Non-Resident Indian) is an Indian citizen residing abroad for at least six months who
holds an Indian passport & retains political rights.

MODES BY WHICH INDIAN CITIZENSHIP CAN BE LOST

• Indian citizenship can be lost in three ways under the Citizenship Act, 1955.
RENUNCIATION • It takes place when a person voluntarily gives up Indian citizenship after ac-
quiring the citizenship of another country.

TERMINATION • It occurs when a person acquires foreign citizenship but does not voluntarily
surrender Indian citizenship.
• In such cases, the Government of India may terminate the person’s citizen-
ship.

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 DEPRIVATION • It means compulsory removal of citizenship by an order of the Government of
India on following grounds:
• If the certi cate of registration or naturalization was obtained through fraud.
• If the person is sentenced to imprisonment for at least two years within ve
years of acquiring citizenship.
• If during a war involving India the person unlawfully communicated with an
enemy country.
• Citizenship can also be lost if a person resides outside India for seven contin-
uous years without:
• Being a student
• An employee of the Government of India
• An employee of an institution not recognized by the Government of India
• Without expressing an intention to return to India & retain citizenship
Such deprivation can take place only after an inquiry by a committee headed by a person who has
held a judicial o ce in India for at least ten years.

DUAL CITIZENSHIP FOR OCI CARD HOLDERS

• The Citizenship (Amendment) Act, 2003 introduced the concept of Overseas Citizenship of India
(OCI) for Persons of Indian Origin (PIOs) living in 16 countries.
• Later, the Citizenship (Amendment) Act, 2005 extended OCI facilities to PIOs of most countries.
• In 2015, the PIO Card Scheme was merged with the OCI Card Scheme.
Pravasi Bharatiya Divas is celebrated every year on 9 January since 2003 to mark Mahatma Gand-
hi’s return from South Africa to India on 9 January 1915.

OCI BENEFITS & RESTRICTIONS

• An OCI card holder can: • OCI card holders do not enjoy political
• Visit India without a visa through multiple entries. rights.
• Purchase property in India except agricultural land.
• Make investments in India.
Citizens of Pakistan, Bangladesh, & other noti ed countries are ineligible for OCI status.

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FUNDAMENTAL RIGHTS

LEGAL VIEW MORAL VIEW

• These are basic rights guaranteed to individuals against the state’s • Rights are essential
authority. conditions of social life
• They are legal rights. enabling individuals to
• They are essential for the full development of a person’s personality. achieve their best self.

ORIGIN OF FUNDAMENTAL RIGHTS

• It has its roots in Human Rights, which are considered necessary for a digni ed human life.
• Human Rights further originated from the theory of Natural Rights, oldest theories of rights.

NATURAL RIGHTS
• Its main supporter was John Locke, who is known as the Father of English Liberalism.
• He explained three natural rights — the right to life, liberty, & property.
• These rights were considered absolute & inalienable because they are not given by the state or any
individual; the state only recognizes them. Therefore, no one can take them away.

Just as a tree cannot exist without leaves, owers, or fruits, a human being cannot exist properly
without natural rights.

HUMAN RIGHTS: UDHR

• The UN General Assembly adopted the UDHR on 10 December 1948, & this day is observed as
International Human Rights Day.
• The UDHR, with its preamble and 30 articles, covers civil, political, economic, cultural, & social
rights & serves as a global source of human rights.
• Although the UDHR rights are not legally binding, democratic countries are expected to include as
many as possible in their constitutions.

NATURE OF FUNDAMENTAL RIGHTS

• They are enforceable & justi- • They impose negative obliga- • They are not absolute; they
ciable, which means that a tions on the state, meaning are subject to reasonable
person can approach a court the state cannot interfere with restrictions because unlimit-
of law if these rights are vio- individuals’ freedom in certain ed freedom may lead to an-
lated or not protected. matters. archy.

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 FUNDAMENTAL RIGHTS IN INDIA
• In India, human rights in Part III of the Constitution are called Fundamental Rights & are also re-
ected in the Preamble, DPSPs (Part IV), & Fundamental Duties (Part IVA).

ABSOLUTE FUNDAMENTAL RIGHTS

• These are absolute because no reasonable restrictions can be imposed on them.
• Article 17 abolishes • Article 21A guarantees the • Article 24 prohibits the employment
untouchability & strict- Right to Education for chil- of children below 14 years in haz-
ly prohibits its prac- dren between 6 & 14 years of ardous occupations such as mines &
tice. age. factories.

STATE
• Article 12 de nes the term “State” for the purpose of Part III of the Constitution.
• It includes:
• Government & Parliament of India
• Government & Legislature of each State
• All local or other authorities within the territory of India or under the control of the Government of
India.
• All government institutions are treated as a “State” under Part III of the Constitution.
• This de nition is also applicable to Part IV of the Constitution relating to the DPSPs.

ORIGIN OF JUDICIAL REVIEW

• It is the power of the judiciary to examine laws made by the legislature & decisions taken by the
executive, & to declare them void if they violate the Constitution.
• This concept originated in the United States.
• It was established in the Marbury v. Madison case, where the U.S. SC declared the Judiciary Act of
1789 passed by Congress to be unconstitutional.

JUDICIAL REVIEW IN INDIA

• In India, both the Supreme Court & the High Courts have the power of judicial review.
• The Supreme Court can review laws made by both the Union & State legislatures.
• High Courts review laws & actions within their respective states.
• Judicial review applies to both executive actions & legislative laws.

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JUDICIAL REVIEW & FUNDAMENTAL RIGHTS
• When a law violates Fundamental Rights, the Doctrine of Sever-ability is applied.
• This doctrine is based on Article 13(1) & Article 13(2) of the Constitution.

DOCTRINE OF SEVER-ABILITY

• Article 13(1) deals with pre-constitutional • Article 13(2) deals with post-constitutional laws.
laws. • It states that the State shall not make any law
• It states that if an old law violates Funda- that takes away or abridges Fundamental Rights.
mental Rights, it becomes void to that ex- • If such a law is made, it will be declared void only
tent. to the extent of the violation.

DOCTRINE OF ECLIPSE
• It was propounded by the Supreme Court in the Bhikaji Narain case.
• According to this, a law that is inconsistent with a Fundamental Right is not completely void.
• Instead, it becomes “eclipsed” by the Fundamental Right.
• If the restriction created by the Fundamental Right is later removed through a constitutional
amendment, the eclipsed law can become e ective again.
• Initially, it was applicable only to post-Constitutional laws.
Later, in the Ambica Mills case, the SC clari ed that the Doctrine of Eclipse applies to both pre-
constitutional & post-constitutional laws.

AMENDMENT OF FUNDAMENTAL RIGHTS

• A constitutional question was whether Parliament has the power to amend Fundamental Rights.
• Article 13(2) states that the State shall not make any law that takes away or abridges Fundamental
Rights.
• However, the First Amendment of the Constitution (1951) introduced Article 15(4), Article 31B, & the
Schedule IX.

• Article 15(4) empowers the • Article 31B protects laws placed • Schedule IX contains
State to make special provi- in the Schedule IX, mainly land land reform acts passed
sions for socially & educational- reform laws, from being chal- by the parliament as
ly backward classes, including lenged in courts through judicial well as the state legisla-
SCs & STs. review. tures.

These provisions questioned the Fundamental Rights, especially Equality & Property rights.

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SC’S VIEW ON AMENDING FUNDAMENTAL RIGHTS
• In the Shankari Prasad case, the SC held that Parliament has the power to amend Fundamental
Rights. This view was again supported in the Sajjan Singh case.
• However, in the Golaknath case, an eleven-judge bench of the SC, by a 6:5 majority, ruled that Par-
liament cannot amend Fundamental Rights because such amendments would violate Article 13(2).

DOCTRINE OF PROSPECTIVE OVERRULING

• In the Golaknath case, the SC introduced the Doctrine of Prospective Overruling, meaning the
judgment would apply only from the future date of the decision & not retrospectively.

• To overcome this judgment, the 24th Amendment (1971) added Article 13(4), which states that
constitutional amendments made under Article 368 are not considered “law” under Article 13.
• It also amended Article 368 & clearly gave Parliament the power to amend any part of the Consti-
tution, including Fundamental Rights.

BASIC STRUCTURE DOCTRINE

• In Kesavananda Bharati case, the SC introduced the Basic Structure Doctrine through a narrow 7:6
majority in a 13-judge bench.
• The Court held that Parliament has the power to amend any part of the Constitution under Article
368, but it cannot alter the “basic structure” of the Constitution.
• The judgment itself did not clearly de ne all the elements of the basic structure, but later SC judg-
ments explained that it includes features such as:

• Sovereignty of India
• Republican & parliamentary form of government
• Welfare state ideals
• Federalism
• Secularism
• Supremacy of the Constitution
• Judicial review
• Independence of the judiciary
• Rule of law
• Separation of powers among the three organs of government.
• The balance between Fundamental Rights & DPSPs.
• These features cannot be removed even by a constitutional amendment.
• If such a change were ever required, it would need a separate Constituent Assembly.

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 • The Preamble itself is not considered a part of the basic structure, but many of its ideals re ect ba-
sic structure principles. Eg: Sovereignty, Socialism, Secularism & Republican.

SIGNIFICANCE OF BASIC STRUCTURE DOCTRINE

• It refers to those essential features of the Constitution without which it would lose its original identi-
ty & character.
• This doctrine has played a major role in maintaining the supremacy of the Constitution. How? It
ensured balanced constitutional development in India.
• Former Chief Justice D. Y. Chandrachud compared the basic structure of doctrine to the “North
Star,” which acts as a constant guide whenever the constitutional path appears confusing.
• According to this idea, it is the living spirit that supports the constitutional text.
• In Minerva Mills Ltd. case, the SC rea rmed & upheld the Basic Structure Doctrine.
• Later, in I.R. Coelho case, the SC held that laws placed in the Ninth Schedule after 24 April 1973
— the date of the Kesavananda Bharati v. State of Kerala judgment — are subject to judicial re-
view if they violate the basic structure of the Constitution. Therefore, the Ninth Schedule enjoys
only partial protection from judicial review.

COURT BENCHES

• A single-judge bench con- • A division bench consists of two • A constitutional bench

sists of one judge. judges. consists of ve or more
• It is found in High Courts & • It is found in High Courts & in the judges of the SC.
subordinate courts. Supreme Court. • It is formed to decide im-
• It deals with civil & criminal • It hears civil and criminal cases portant questions of con-
cases of lesser complexity. that are more complex. stitutional interpretation.

SUSPENSION OF FUNDAMENTAL RIGHTS

• Under Article 358, the rights guaranteed under • Under Article 359, the President can issue a
Article 19 are automatically suspended when a separate order to suspend the enforcement of
National Emergency is declared on the other Fundamental Rights during an emer-
grounds of war or external aggression. gency.
• However, this suspension does not apply if the • However, the rights guaranteed under Articles
emergency is declared on the ground of armed 20 & 21 can never be suspended, even during
rebellion. an emergency.

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 CLASSIFICATION OF FUNDAMENTAL RIGHTS
• The Constitution classi es Fundamental Rights into six categories.

FUNDAMENTAL RIGHTS ARTICLES DESCRIPTION

RIGHT TO EQUALITY Articles 14 to 18 It ensures equality before the law and
equal protection of laws.

RIGHT TO FREEDOM Articles 19 to 22 It guarantees various freedoms such as

speech, movement, & personal liberty.

RIGHT AGAINST EXPLOITATION Articles 23 & 24 It prohibits human tra cking, forced
labour, & child labour.

RIGHT TO FREEDOM OF RELIGION Articles 25 to 28 It ensures religious freedom to all citi-

zens.

CULTURAL & EDUCATIONAL Articles 29 & 30 It protect the interests of minorities.

RIGHTS (MINORITY RIGHTS)

RIGHT TO CONSTITUTIONAL Article 32 It allows citizens to approach the

REMEDIES Supreme Court for the enforcement of
their Fundamental Rights.

RIGHT TO EQUALITY (ARTICLES 14 TO 18)

ARTICLE 14
• Article 14 guarantees two important concepts — Equality before Law & Equal Protection of Laws.

EQUALITY BEFORE LAW

• The idea of “Equality before Law” has been borrowed from the British Constitution & means that no
person is above the law.
• Every individual, regardless of position or status, is equal in the eyes of the law.
• This concept is based on the Rule of Law, which establishes the supremacy of law over arbitrary
power. In Latin, this is known as Lex Suprema.

The idea was rst supported by Aristotle, who believed that the rule of law is better than the rule of
men & that those in power should act as servants of law.

A.V. DICEY
• In modern times, the concept was popularized by A.V. Dicey.
• He explained three principles of the Rule of Law.
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 • Supremacy of law means • Equality before law means that • Predominance of legal spirit
that every person must be all persons, including govern- means that rights such as per-
governed by established ment o cials, are subject to sonal liberty & protection from
laws & that rulers should the jurisdiction of ordinary unlawful arrest become mean-
not enjoy arbitrary or dis- courts & equal laws of the ingful only when they are en-
cretionary powers. land. forceable through courts of law.

EXCEPTIONS TO EQUALITY BEFORE LAW

• The President of India & the Governor of a State are not answerable to any court for acts done in
the exercise of their o cial powers & duties.
• No criminal proceedings can be initiated against them during their term of o ce.
• Similarly, foreign diplomats & visiting foreign dignitaries enjoy diplomatic immunity & are generally
exempt from the jurisdiction of local courts.

EQUAL PROTECTION OF LAWS

• The concept of “Equal Protection of Laws” has been borrowed from the United States Constitution.
• It means that people who are similarly situated should be treated alike.
• It ensures equality among equals & equal treatment under similar circumstances.

ARTICLE 15
• It is available only to citizens of India.
• It prohibits discrimination by the State.
• Article 15(1), the State cannot discriminate against any citizen only on the grounds of religion, race,
caste, sex, or place of birth.
• Article 15(2) provides that no citizen can be denied access to shops, public restaurants, hotels,
places of public entertainment, or the use of wells, tanks, bathing ghats, roads, & places of public
resort maintained wholly or partly by State funds or dedicated for public use, on the above-men-
tioned grounds.

EXCEPTIONS TO ARTICLE 15

Article 15(3) • It allows the State to make special provisions for women & children.
Article 15(4) • It allows the make special provisions for socially & educationally backward
classes, SCs & STs.

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 Article 15(5) • It enables reservation in educational institutions for socially & educationally
backward classes, including in private aided & unaided institutions.
• This does not apply to minority educational institutions.
Article 15(6)(a) • It allows special provisions for EWS.
Article 15(6)(b) • It permits up to 10% reservation for EWS in educational institutions, including
aided aided & unaided institutions, except minority educational institutions.
• This reservation is in addition to the existing reservations.
• Article 15(4) was added by the Ist Constitutional Amendment Act, 1951.
• Article 15(5) by the 93rd Constitutional Amendment Act, 2005.
• Article 15(6) by the 103rd Constitutional Amendment Act, 2019.

ARTICLE 16
• It is available only to citizens of India.
• It guarantees equality of opportunity in public employment.
• Article 16(1) provides that all citizens shall • Article 16(2) prohibits discrimination in public
have equal opportunity in matters relating to employment on the grounds of religion, race,
employment or appointment to any o ce un- caste, sex, descent, place of birth, residence,
der the State. or any of them.

EXCEPTIONS TO ARTICLE 16

Article 16(3) • It empowers Parliament can make a law prescribing residence requirements for
certain posts under a State, Union Territory, or local authority.

Article 16(4) • It permits the State to provide reservation in public employment for any back-
ward class of citizens that is not adequately represented in State services.

Article 16(6) • It allows reservation for EWS.

• This reservation can be up to 10% & is in addition to the existing reservations.

• For the purpose of Articles 15 & 16, Economically Weaker Sections are identi ed by the State from
time to time on the basis of family income & other indicators of economic disadvantage.

ARTICLE 17
• It abolishes untouchability & declares its practice an o ense punishable by law.
• The Constitution does not clearly de ne the term “untouchability,” nor is it de ned in any Act.
• It should not be understood in a general sense, but in the historical context of India.

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• In this context, untouchability refers to the social practice that developed under the Hindu caste
system, where certain sections of society were treated as inferior & discriminated against by oth-
ers.
• It aims to end this social evil & promote equality & dignity.

ARTICLE 18
• It abolishes titles & promotes equality among citizens.
• Article 18(1) prohibits the State from conferring titles on individuals, except for academic & military
distinctions.

• National awards such as Bharat Ratana, Padma Bhushan, Padma Shri, & Padma Vibhushan were
introduced in 1954.
• These awards were discontinued by the Janata Party government from 1977 to 1979 (Morarji De-
sai was the prime minister) but were revived in 1980.

• In the Balaji Raghavan Case, the SC held that national awards are not titles but honors given for
exceptional service to society or the State.
• However, these awards cannot be used as pre xes or su xes with a person’s name.
• Article 18(2) states that no citizen of India can accept any title from a foreign State. Eg: Sunil
Gavaskar refused the title of knighthood.
• Article 18(3) provides that a foreigner holding any o ce of pro t or trust under the Indian State
cannot accept any title from a foreign State without the consent of the President of India.

RIGHT TO FREEDOM (ARTICLES 19 TO 22)

ARTICLE 19
• It is available only to the citizens of India.
• Article 19(1) provides six democratic freedoms.

ARTICLE 19(1)(a)
• It guarantees the Right to Freedom of Speech & Expression. It means that every citizen has the
right to express their views freely & openly without fear.
• A person may express opinions through writing, speeches, symbols, posters, banners, books, or
any other medium.
• The scope of this right is wide & includes:

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 • Freedom of the press.
• The right to criticize & reply to criticism.
• The right to know and obtain information.
• The right of a convict to express themselves.
• The right of citizens to know the criminal background and other details of election candidates.
• The right to hoist the National Flag on private buildings throughout the year.
• The right to write books.
• The right to remain silent.
Hate speech is not protected under this Article.

• The freedom guaranteed under Article 19(1)(a) is not absolute & can be restricted reasonably by the
State. These restrictions can be imposed:
• In the interests of the sovereignty and integrity of India.
• The security of the State.
• Friendly relations with foreign countries.
• Public order, morality or decency.
• Also in cases related to defamation, contempt of court, or incitement to an o ense.

SC JUDGEMENTS ON CENSORSHIP OF:

PRESS SOCIAL MEDIA MOVIES BOOKS
• Government cannot • Online speech gets • Films can be censored • A work must be
silence newspapers the same protection before release because judged as a
just because it dislikes as free speech o - cinema has a powerful whole, not by iso-
criticism. line; vague censor- impact, but censorship lated o ensive
• No pre-censorship of ship laws are un- must be reasonable. passages.
newspapers. Publish constitutional. • Don't ban a lm be- • If you don't like a
rst, restrict only if cause some people book, don't read
Constitution permits. threaten protest. The it; writers must
State must protect free have freedom to
expression. write.

ARTICLE 19(1)(b)
• It gives every citizen the right to assemble peacefully & without arms.
• This means people can gather for meetings, protests, or discussions in a non-violent manner.
• However, the State can impose reasonable restrictions on this right in the interest of the sovereign-
ty & integrity of India & for maintaining public order.

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ARTICLE 19(1)(c)
• It gives citizens the right to form associations, unions, & cooperative societies.
• Cooperative societies were not part of the original Constitution & were added later by the 97th Con-
stitutional Amendment Act, 2011.
• This right also includes the freedom to join or not to join any association, union, or organization.
• The right to form trade unions comes from this provision.
• However, the State can impose reasonable restrictions on this right in the interests of the sover-
eignty & integrity of India.
• It can also restrict trade union activities in the armed forces, paramilitary forces, police, & intelli-
gence services. May have welfare associations.

ARTICLE 19(1)(d)
• It gives citizens the right to move freely throughout the territory of India.
• It gives them the right to reside & settle in any part of India.
• These two rights are closely connected & are considered natural corollaries of each other.
• However, the State can impose reasonable restrictions on these rights in the interest of the general
public or for the protection of the interests of Scheduled Tribes.

REGULATION OF ENTRY IN PROTECTED AREAS

• Restrictions have been imposed on non-tribal people settling in certain tribal areas to protect tribal
culture & identity.
• Tourist movement has also been regulated in some islands of the Andaman & Nicobar Islands to
protect tribes such as the Jarawa tribe.
• Permits are required to visit states like Nagaland, Manipur, & Arunachal Pradesh, & in border areas
of Ladakh, such as Pangong Lake & Nubra Valley.
• During the COVID-19 pandemic, movement of people was restricted in the interest of public health
& safety.

ARTICLE 19(1)(g)
• It gives citizens the right to practice any profession or to carry on any occupation, trade, or busi-
ness.
• However, the State can impose reasonable restrictions on this right in the interest of the general
public.
• It can also make laws prescribing professional or technical quali cations necessary for practicing
any profession or carrying on any occupation, trade, or business.

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 • Further, the State has the power to regulate or even completely control any trade, business, indus-
try, or service.

ARTICLE 300A
• Originally, Article 19(1) contained seven freedoms, including Article 19(1)(f), which guaranteed the
right to property.
• This right was removed as a Fundamental Right by the 44th Constitutional Amendment Act,
1978.
• At present, the right to property is provided under Article 300A, which states that no person can
be deprived of his property except by the authority of law.

ARTICLE 20
• It provides protection in cases of conviction for o enses.
• It contains three important safeguards.
• Article 20(1) prohibits ex post facto criminal laws, meaning a criminal law cannot be applied retro-
spectively.

• A person can be punished only for an act that was an o ense under the law in force at the time it
was committed, and cannot be given a higher punishment than what was prescribed when the
o ense occurred.
• This prevents the State from unfairly targeting individuals or groups through retrospective criminal
legislation.
• The Constitution states that no person shall be convicted for an act that was not an o ense when
committed, nor subjected to a penalty greater than that prescribed at the time of the o ense.

• Article 20(2) provides protection against double jeopardy, which means that no person can be
prosecuted & punished more than once for the same o ense.
• Article 20(3) protects individuals from self-incrimination, which means that a person accused of an
o ense cannot be compelled to be a witness against himself or herself.

• The SC has held that statements obtained through narco-analysis, brain mapping, or similar
techniques cannot be used as evidence in a court of law because they violate Articles 20(3) & 21.
• However, such techniques may be used only with the consent of the accused or as permitted by
law, & any information obtained can be used by investigating authorities to gather independent
evidence, which may then be presented before the court.

ARTICLE 21
• It states that no person shall be deprived of his or her life or personal liberty except according to
the procedure established by law.
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• Although this provision appears brief, it has received the widest interpretation from the judiciary &
has become the source of numerous inferred rights.
• Inferred rights are rights that are not explicitly mentioned in the Constitution but are recognized as
part of the right to life & personal liberty through judicial interpretation. These include:

• Right to live with dignity • A recent addition is the right to digital

• Right to reputation access. In a judgment delivered on 30
• Right to shelter April 2025, the SC held that meaningful
• Right to adopt a child & inclusive digital access to e-gover-
• Right to a speedy trial nance & welfare delivery systems
• Right to livelihood forms a part of the fundamental right to
• Right to adequate wages life & personal liberty under Article 21.
• Right to a clean environment • The Court also stated that the State
• Right to die with dignity has a duty to create an inclusive digital
• Right to bail ecosystem for marginalized, underprivi-
• Right to travel abroad leged, vulnerable, disabled, & histori-
• Right to choose one’s partner cally excluded groups, including SCs &
• Right to health & timely medical aid STs
• Right against solitary con nement • It also issued directions to improve
• Right to marry KYC processes & make them more
• Right against torture & cruel punishment accessible.

PROCEDURE ESTABLISHED BY LAW

• A concept borrowed from the Japan Constitution, means that a person can be deprived of life or
personal liberty only according to a valid law & the procedure prescribed by that law.
• To determine whether this condition is satis ed, three questions are examined:
• First, is there a law applicable to the case?
• Second, has the law been enacted by a competent authority?
In India, Parliament and State Legislatures are competent authorities for making laws within their
respective jurisdictions.

• Third, has the law been enacted following the constitutionally prescribed procedure?
• If these conditions are ful lled, the deprivation of life or personal liberty is considered to be in ac-
cordance with the procedure established by law.

DUE PROCESS OF LAW

• It is found in the United States Constitution & is not mentioned in the Indian Constitution.

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• However, in the landmark Maneka Gandhi v. Union of India case (1978), the SC held that while in-
terpreting Article 21, courts can go beyond the doctrine of "Procedure Established by Law" & ex-
amine whether the law itself is just, fair, & reasonable.
• Thus, under due process, the court not only checks whether a valid law exists, whether it was en-
acted by a competent authority, & whether the prescribed procedure was followed, but also
whether the law & the procedure are fair & non-arbitrary.
• This interpretation signi cantly expanded the scope of Article 21 & strengthened the protection of
individual rights.

PRINCIPLES OF NATURAL JUSTICE

• These are fundamental rules that ensure fairness in decision-making & the administration of justice.
• These principles include:
• No one should be a judge in • No person should be condemned unheard • Authorities must
his or her own case (Nemo (Audi Alteram Partem), meaning every indi- act impartially &
Judex in Causa Sua), which vidual must be given a fair opportunity to without prejudice
ensures that decisions are present their case before any adverse ac- while exercising
made without bias. tion is taken. their powers.

• While interpreting Article 21, courts take into account not only the doctrine of Procedure Estab-
lished by Law & Due Process of Law, but also the Principles of Natural Justice to ensure that laws
and administrative actions are fair, reasonable, & unbiased.

ARTICLE 21A
• It guarantees the Right to Education as a Fundamental Right.
It was inserted into the Constitution by the 86th Constitutional Amendment Act in 2002.

• The article states that the State shall provide free & compulsory education to all children between 6
& 14 years of age in such manner as may be determined by law.
• Before the insertion of Article 21A, the provision for free & compulsory education was contained in
Article 45 as a Directive Principle of State Policy.
• The 86th Amendment elevated this goal from a Directive Principle to a Fundamental Right, thereby
making elementary education a constitutional entitlement for children in the 6–14 age group.

ARTICLE 22
• It provides protection against arrest & detention in certain cases.
• It grants important procedural safeguards to a person who is arrested.

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 • The arrested person has the • The person must be produced before • Further, no person
right to be informed of the the nearest magistrate within 24 can be detained in
grounds of arrest & the right to hours of arrest, excluding the time custody beyond the
consult & be defended by a legal required for the journey from the period authorized
practitioner of their choice. place of arrest to the court. by the magistrate.

TYPES OF CUSTODY

• Police custody • Judicial custody places the accused under the supervision of the judicial au-
allows interro- thorities, & police interrogation generally requires the magistrate's permission.
gation by the • However, these safeguards are not available to enemy aliens & persons de-
police. tained under preventive detention laws.

TYPES OF DETENTION

• Punitive detention takes • Preventive detention is imposed before the commission of a crime
place after a crime has to prevent a person from acting in a manner prejudicial to public
been committed & is order, national security, or the security of the State.
based on investigation, • It is based on reasonable suspicion & legal safeguards, & is not
trial, or conviction. meant to be arbitrary.

RIGHTS OF THOSE ARRESTED UNDER PREVENTIVE DETENTION LAWS

• Persons detained under preventive detention laws do not enjoy all the safeguards available to ordi-
nary arrested persons under Article 22. However, the Constitution provides certain protections.
• A preventive detention order cannot ordinarily continue beyond three months unless an Advisory
Board reports su cient cause for its continuation.
• The Advisory Board consists of persons who are, have been, or are quali ed to be appointed as
judges of a High Court.
• The detained person must be informed of the grounds of detention as soon as possible so that
they can make a representation against the detention order.
• However, unlike ordinary arrests, a person detained under preventive detention laws is not entitled
to be produced before a magistrate within 24 hours.

JUDICIAL SCRUTINY OF PREVENTIVE DETENTION

• Preventive detention has often been criticized as one of the most frequently misused legal powers
in India because it involves detention without a regular criminal trial.

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 • Therefore, the SC has repeatedly emphasized that preventive detention is a serious invasion of
personal liberty & that the constitutional safeguards provided in such cases are non-negotiable.
• The Court has also held that preventive detention is intended to protect society & maintain public
order, & therefore the authorities must act promptly & diligently in executing detention orders.
• Any unreasonable delay, negligence, or indi erent attitude on the part of the detaining or executing
authority may defeat the purpose of preventive detention, rendering the detention order invalid.

NSA & UAPA

BASIS NSA UAPA

NATURE OF LAW Preventive detention law Anti-terrorism criminal law
Prevent a person from acting
Punish and prosecute unlawful
MAIN PURPOSE against national security/public
and terrorist activities
order
Arrest, investigation, & trial in
ACTION TAKEN Detention without trial
court
BAIL PROVISION Not applicable in usual sense Very strict, bail is di cult

RIGHT AGAINST EXPLOITATION (ARTICLE 23 & 24)

ARTICLE 23
• It protects individuals from exploitation.
• Clause (1) prohibits tra cking in human beings, begar, & other similar forms of forced labour.
• Tra cking in human beings refers to the buying, selling, recruitment, transportation, or exploita-
tion of persons for purposes such as slavery, servitude, forced labour, sexual exploitation, or oth-
er forms of abuse.
• Women, children, & other vulnerable groups are often the victims of such practices.
• Begar means forcing a person to work against their will without payment, & the SC has also in-
terpreted forced labour to include situations where a person is compelled to work for wages be-
low the legally prescribed minimum wage.

• Clause (2) provides an exception by allowing the State to impose compulsory service for public
purposes, such as military service, national service, or community service during emergencies.
• However, while imposing such service, the State cannot discriminate on grounds of religion, race,
caste, class, or any other prohibited basis.

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 ARTICLE 24
• It prohibits the employment of children below the age of 14 years in any factory, mine, or other
hazardous occupation.
• The purpose of this provision is to protect children from exploitation & ensure their healthy physical
& mental development.
• This protection has been strengthened through the Child Labour (Prohibition & Regulation)
Amendment Act, which amended the Child Labour (Prohibition & Regulation) Act.
• The amendment prohibits the employment of children below 14 years in all occupations, with limit-
ed exceptions, & also restricts the employment of adolescents (14–18 years) in hazardous occupa-
tions and processes.

• A child may assist in a family enterprise, provided it is not hazardous & does not interfere with
education, & only outside school hours or during vacations.
• Similarly, children may work as artists in the entertainment industry such as lms, television, ad-
vertisements, sports, & similar activities, but not in hazardous environments like circuses.
• Violation of these provisions attracts penalties, including imprisonment ranging from 6 months to
2 years, a ne ranging from ₹20,000 to ₹50,000, or both.

RIGHT TO FREEDOM OF RELIGION (ARTICLES 25 TO 28)

ARTICLE 25
• It guarantees the freedom of religion, which includes freedom of conscience & the right to freely
profess, practice, & propagate religion.

• Freedom of conscience means an inner freedom of an individual to choose & follow any religion
according to their belief.
• The right to practice religion refers to performing rituals, ceremonies, & other religious activities
as prescribed by one’s faith.
• The right to propagate means the freedom to spread & explain the basic teachings of one’s reli-
gion to others, but only for the purpose of sharing beliefs, not coercion.
• However, such freedoms are not absolute.

ARTICLE 25(1)
• It is subject to public order, morality, and health.
• Eg: During situations like COVID-19, the state can impose restrictions on religious gatherings to
protect public health.

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ARTICLE 25(2)
• It allows the state to make laws regulating or restricting any secular, nancial, or political activities
associated with religious practice.
• It also permits laws for social welfare & reform.
• Under Article 25(2)(b), Hindu religious institutions of a public character can be opened to all classes
and sections of Hindus, ensuring equality & access.

DOCTRINE OF ESSENTIAL RELIGIOUS PRACTICES

• It is a principle developed by the SC to decide which religious practices are essential & therefore
protected under Articles 25 & 26 of the Constitution.
• Its main purpose is to balance the freedom of religion with other fundamental rights such as equali-
ty, dignity, & personal liberty, ensuring that religious practices do not violate these rights.

• The doctrine was rst introduced in the case of Shirur Mutt, where the Supreme Court held that
religion includes all rituals and practices that are integral to it, & the Court has the authority to
determine what is essential.

• Over time, this principle has been applied in several important cases.

LANDMARK CASES ON ESSENTIAL RELIGIOUS PRACTICES

• In the Durgah Committee, Ajmer case, the Court held that only those practices that are essential
and integral to a religion are protected.
• In the Shri Kashi Vishwanath case (1983), the Court clari ed that laws regulating administration and
management of temples do not interfere with essential religious practices.
• In Commissioner of Police case, the SC held that the Tandava dance was not an essential religious
practice of the Anand Marga faith, so restrictions on its public performance were constitutionally
valid.
• In Shayara Bano (2017), the Supreme Court struck down instant triple talaq, holding it unconstitu-
tional as it violated the dignity and fundamental rights of Muslim women.
• In the Sabarimala case (2018), the Court held that exclusion of women aged 10–50 from the temple
was not an essential practice of Hindu religion.
• Similarly, in the Karnataka hijab case (2022), the Court held that wearing a hijab is not an essential
religious practice in Islam, and schools may enforce uniform rules as a reasonable restriction.

The doctrine ensures that only core and essential religious practices receive constitutional protec-
tion, while practices con icting with fundamental rights can be regulated or restricted.

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CRITICISM OF THE DOCTRINE OF ESSENTIALITY
• Some scholars argue that courts lack the theological expertise to decide what is or is not essential
in a religion, & therefore should not interfere in such matters.

• Justice Indu Malhotra, in her dissenting opinion in the Sabarimala case, stated that questions
relating to religious practices should be left to the faith communities themselves, as courts are
not equipped to interpret religious doctrines.

• Another criticism is that religious practices are highly subjective & deeply personal.
• What may appear essential to a devotee may seem non-essential to an outsider or an atheist.
• Because of this, the doctrine can sometimes fail to capture the diversity of beliefs even within the
same religion.
• Critics also point out that the doctrine may oversimplify complex religious traditions by forcing
courts to classify practices rigidly as “essential” or “non-essential.”

CONSTITUTIONAL SIGNIFICANCE
• Despite these criticisms, the doctrine continues to play an important role in Indian constitutional
law.
• It helps the courts balance the right to religious freedom with other fundamental rights such as
equality, dignity, and personal liberty.
• By doing so, it allows the judiciary to resolve con icts between competing rights while maintaining
constitutional values.

ARTICLE 26
• It provides freedom to religious denominations, meaning a group of people within a religion who
follow a particular form or branch of that religion.
• It guarantees certain rights to these religious groups, subject to public order, morality, and health.
• Under Article 26, there are four rights:
• The right to establish & maintain • The right to manage its own a airs in matters of religion,
institutions for religious and chari- which allows each denomination to conduct its religious
table purposes. practices independently.

• The right to own and acquire prop- • The right to administer such property according to law,
erty, which ensures that religious meaning the state can regulate how property is managed
groups can hold assets. to ensure proper administration and prevent misuse.

Thus, Article 26 protects the autonomy of religious denominations while still allowing reasonable
state regulation in the interest of law & order.

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 ARTICLE 27
• It provides that no person shall be compelled to pay any taxes, the proceeds of which are speci -
cally used for the promotion or maintenance of any particular religion or religious denomination.
• This means the State cannot force a citizen to contribute nancially to support or promote a specif-
ic religion through tax revenue.
• The purpose of this article is to ensure secularism and protect individual freedom of conscience by
separating religion from State taxation.
• However, it does not stop the State from spending public money for general secular purposes,
even if such spending incidentally bene ts religious institutions.

ARTICLE 28
• It deals with the issue of religious instruction in educational institutions.
• It classi es educational institutions into di erent categories to determine whether religious teaching
is allowed or not, based on state control & funding.

• In institutions that are • In institutions that are adminis- • In institutions that are recog-
wholly maintained or tered by the State but estab- nized by the State or receive
funded by the State, no lished under a trust or endow- aid from State funds, religious
religious instruction can ment that requires religious in- instruction may be given, but
be provided. struction, such teaching may be again, students cannot be
• This includes government permitted. compelled to attend or take
schools, colleges, & uni- • However, attendance at such part in it.
versities, where the State religious instruction is not com- • Participation remains voluntary
must maintain secular pulsory, & students cannot be to ensure freedom of con-
education. forced to participate. science.

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