CHAPTER: 1
CONSTITUSION AND PREAMBLE
1.1 Meaning of the constitution of India.
The constitution is the supreme law of India. This is a written document which lays
down the framework demarcating fundamental basic code, structure, procedures,
powers, and duties of Government and its organizations and rights & duties of the
citizen.
It was adopted by the Constituent Assembly on 26th November 1949 and came into
force on 26th January 1950. At the time of its adoption, the Constitution contained 395
Articles and 8 Schedules and was about 145,000 words long, making it the longest
national Constitution to ever be adopted. Every Article in the Constitution was debated
by the members of the Constituent Assembly, who sat for 11 sessions and 167 days to
frame the Constitution, over a period of 2 years and 11 months.
The preamble of the Constitution declares India a sovereign, socialist, secular, and
democratic Republic and assures its citizens justice, equality, and liberty, and
endeavours to promote fraternity.
The Constitution provides for a Parliamentary form of government which is federal in
structure with certain unitary features. The constitutional head of the Executive of the
Union is the President. As per Article 79 of the Constitution of India, the council of the
Parliament of the Union consists of the President and two Houses are known as the
Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
Article 74(1) of the Constitution provides that there shall be a Council of Ministers with
the Prime Minister as its head to aid and advise the President, who shall exercise
his/her functions in accordance to the advice. The real executive power is thus vested in
the Council of Ministers with the Prime Minister as its head.
Interesting facts on the Indian constitution:
Dr. Bhim Rao Ambedkar is regarded as the chief Architect of Indian Constitution. Dr.
Rajendra Prasad, the first President of India become the first person to sign the
constitution of India. It is the largest written constitution of the world. The Constitution
of India is neither printed nor typed. It is handwritten and calligraphic in both Hindi and
English. It was handwritten by Sh. Prem Behari, Narain Raizada and was published in
Dehradun by him. Every page got decorated by Shantiniketan artists including Beohar
Rammanohar Sinha and Nandala Bose. It took two years, 11 months, and 18 days to
complete the final draft. At present, It is containing 395Articles and 12 Schedules. Till
date, the constitution has been amended for 105 times.
1.2 Historical perspectives of the Constitution of India
In 1928, the All Parties Conference convened a committee in Lucknow to prepare the
Constitution of India, which was known as the Nehru Report.
Most of India was under direct British rule from 1857 to 1947. Upon independence, it
became clear a new constitution was needed to be created. But for that, all of India needed
to be brought into the union. This meant the Princely States needed to be convinced to
become a part of the Indian Union either by force or diplomacy. Sardar Vallabhbhai Patel
and V.P Menon did this unenviable task. Until this happened India was still legally a
dominion under the British, responsible for external security.
Thus, the Constitution of India repealed the Indian Independence Act 1947 and Government
of India Act 1935 when it became effective on 26 January 1950. India ceased to be a
dominion of the British Crown and became a sovereign democratic republic with the
Constitution.
Historical Evolution of the Indian Constitution
There are various layers in the background of the Indian Constitution:
Regulating Act 1773
Pitt’s India Act 1784
Charter Act of 1813
Charter Act of 1833
Charter Act of 1853
Government of India Act 1858
Indian Councils Act 1861
India Councils Act 1892
Morley-Minto Reforms 1909
Montague-Chelmsford Reforms 1919
Government of India Act 1935
Indian Independence Act 1947
These acts were in some way instrumental in the development of the Indian Constitution.
History of Indian Constitution – Regulating Act 1773
The first time the British Parliament resorted to regulating the affairs of the East India
Company. The Governor of Bengal was made the Governor-General of Bengal (Warren
Hastings).
An Executive Council of the Governor-General was created with 4 members. Centralised the
administration with the Presidencies of Madras and Bombay being made subordinate to the
Bengal Presidency. Supreme Court was established at Calcutta as the Apex Court in 1774.
Prohibited company officials from engaging in private trade and from accepting gifts from
Indians.
History of Indian Constitution – Pitt’s India Act 1784
Commercial and political functions of the company are separated. The Court of Directors
managed the commercial activities while the Board of Control managed political affairs.
The company territories in India were called ‘British possessions in India’. Governor’s
Councils were set up in Madras and Bombay as well.
History of Indian Constitution – Charter Act 1813
This act ended the East India Company’s monopoly over trade with India except in tea and
opium. Trade with India was open to all British subjects.
History of Indian Constitution – Charter Act 1833
Governor-General of Bengal was designated the Governor-General of India (Lord William
Bentinck). The legislative powers of the Bombay and Madras Presidencies were removed.
This act ended the commercial activities of the company and it was transformed into an
administrative body.
History of Indian Constitution – Charter Act 1853
The legislative and executive powers of the Governor-General’s Council were separated.
A Central Legislative Council was created of 6 members out of which 4 were appointed by
the provisional governments of Madras, Bombay, Agra and Bengal.
The Indian civil service was opened as a means to recruit officers for administration through
open competition.
History of Indian Constitution – Government of India Act 1858
After the 1857 revolt, the rule of the company was ended and the British possessions in
India came directly under the British Crown. The office of the Secretary of State for India
was created. He was assisted by a 15-member Council of India.
The Indian administration was under his authority and the Viceroy was his agent. The
Governor-General was designated the Viceroy as well (Lord Canning). The Court of Directors
and the Board of Control were abolished.
History of Indian Constitution – Indian Councils Act 1861
Indians were given representation in the Viceroy’s Councils. 3 Indians entered the Legislative
Council. Provisions were made for the entry of Indians in the Viceroy’s Executive Council
also as non-official members. Portfolio system was recognised.
Decentralisation initiated with the presidencies of Madras and Bombay being restored their
legislative powers.
History of Indian Constitution – Indian Councils Act 1892
Indirect elections (nominations) were introduced. Legislative Councils expanded. Gave more
functions to the legislative councils such as the discussion of budget and questioning the
executive.
History of Indian Constitution – Indian Councils Act 1909 (Morley-Minto Reforms)
Direct elections to the legislative councils were introduced for the first time. Central
Legislative Council became the Imperial Legislative Council. The number of members of the
legislative council was increased from 16 to 60. The concept of the separate communal
electorate was accepted. For the first time, an Indian was made a member of the Viceroy’s
Executive Council. (Satyendra Prasad Sinha – Law Member).
History of Indian Constitution – Government of India Act 1919 (Montague-Chelmsford
Reforms)
Central and provincial subjects were separated. Diarchy was introduced in the provincial
governments with executive councillors being in charge of the reserved list and the
ministers in charge of the transferred list of subjects.
The ministers were nominated from among the elected members of the legislative council
and were responsible to the legislature. A bicameral legislature was introduced for the first
time at the centre. (Legislative Council and legislative assembly later to become Rajya Sabha
and Lok Sabha respectively).
It mandated 3 members of the Viceroy’s executive council to be Indians. This act provided
for the first time, the establishment of a public service commission in India. This act
extended the right to vote and with this, about 10% of the population acquired voting rights.
History of Indian Constitution – Government of India Act 1935
An all-India Federation was proposed which would consist of British India and the princely
states. This never materialised though. Subjects were divided between the centre and the
provinces. Centre was in charge of the Federal List, provinces in charge of the Provincial List
and there was a Concurrent List which both catered to. Diarchy was abolished at the
provincial level and introduced at the centre. More autonomy was accorded to the
provinces and in 6 out of 11 provinces, the bicameral legislature was introduced.
A federal court was established and the Indian Council was abolished. Burma and Aden were
severed from India. This act provided for the establishment of the RBI. This Act continued
until it was replaced by the new Indian Constitution.
History of Indian Constitution – Indian Independence Act 1947
India was declared independent and sovereign. The Viceroy and the Governors were made
constitutional (nominal) heads. Set up responsible governments at the centre and the
provinces. Assigned both legislative and executive powers to the Constituent Assembly of
India.
1.3 Salient features and characteristics of the Constitution of India.
1. Lengthiest Written Constitution
Constitutions are classified into written, like the American Constitution, or unwritten,
like the British Constitution.
The Constitution of India has the distinction of being the lengthiest and most
detailed constitutional document the world has so far produced. In other words, the
Constitution of India is the lengthiest of all the written constitutions of the world.
It is a very comprehensive, elaborate and detailed document.
The factors that contributed to the elephantine size of the Indian Constitution are:
Geographical factors, that is, the vastness of the country and its diversity.
Historical factors, for instance, the influence of the Government of India Act
of 1935, which was bulky.
Single constitution for both the Centre and the states.
The dominance of legal luminaries in the Constituent Assembly.
The Constitution of India contains not only the fundamental principles of governance
but also detailed administrative provisions.
Both justiciable and non-justiciable rights are included in the Constitution.
2. Drawn from Various Sources
The Constitution of India has borrowed most of its provisions from the constitutions
of various other countries as well as from the Government of India Act of 1935
[About 250 provisions of the 1935 Act have been included in the Constitution].
Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed
after ‘ransacking all the known Constitutions of the world’.
The structural part of the Constitution is, to a large extent, derived from the
Government of India Act of 1935.
The philosophical part of the Constitution (Fundamental Rights and the Directive
Principles of State Policy) derive its inspiration from the American and Irish
Constitutions respectively.
The political part of the Constitution (the principle of Cabinet government and the
relations between the executive and the legislature) has been largely drawn from the
British Constitution.
3. Blend of Rigidity and Flexibility
Constitutions are classified into rigid and flexible.
A rigid constitution is one that requires a special procedure for its amendment, for
example, the American Constitution.
A flexible constitution is one that can be amended in the same manner as ordinary
laws are made, for example, the British Constitution.
The Indian Constitution is a unique example of a combination of rigidity and
flexibility.
A constitution may be called rigid or flexible on the basis of its amending procedure.
The Indian Constitution provides for three types of amendments ranging from simple
to most difficult procedures depending on the nature of the amendment.
4. Federal System with Unitary Bias
The Constitution of India establishes a federal system of government.
It contains all the usual features of a federation, such as two governments, division
of powers, written constitution, the supremacy of the constitution, the rigidity of the
Constitution, independent judiciary and bicameralism.
However, the Indian Constitution also contains a large number of unitary or non-
federal features, such as a strong Centre, a single Constitution, the appointment of a
state governor by the Centre, all-India services, an integrated judiciary, and so on.
Moreover, the term ‘Federation’ has nowhere been used in the Constitution.
Article 1 describes India as a ‘Union of States’ which implies two things:
Indian Federation is not the result of an agreement by the states.
No state has the right to secede from the federation.
Hence, the Indian Constitution has been variously described as ‘federal in form but
unitary in spirit’, and ‘quasi-federal’ by K C Wheare.
.
5. Parliamentary Form of Government
The Constitution of India has opted for the British Parliamentary System of
Government rather than the American Presidential system of government.
The parliamentary system is based on the principle of cooperation and coordination
between the legislative and executive organs while the presidential system is based
on the doctrine of separation of powers between the two organs.
The parliamentary system is also known as the ‘Westminster’ model of government,
responsible government and cabinet government.
The Constitution establishes the parliamentary system not only at the Centre but
also in the States.
In a parliamentary system, the role of the Prime Minister has become so significant,
and therefore it is called a ‘Prime Ministerial Government’.
What are the features of parliamentary government in India?
The features of parliamentary government in India are as follows:
Presence of real and nominal executives
Majority party rule
Collective responsibility of the executive to the legislature
Membership of the ministers in the legislature
The leadership of the prime minister or the chief minister
Dissolution of the lower house (Lok Sabha or Assembly)
Indian Parliament is not a sovereign body like the British Parliament
Parliamentary Government combined with an elected President at the head
(Republic)
6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
The doctrine of the sovereignty of Parliament is associated with the British
Parliament while the principle of judicial supremacy with that of the American
Supreme Court.
Just as the Indian parliamentary system differs from the British system, the scope of
judicial review power of the Supreme Court in India is narrower than that of what
exists in the US.
This is because the American Constitution provides for ‘due process of law’ against
that of ‘procedure established by law’ contained in the Indian Constitution (Article
21).
Therefore, the framers of the Indian Constitution have preferred a proper synthesis
between the British principle of parliamentary sovereignty and the American
principle of Judicial supremacy.
The Supreme Court can declare parliamentary laws unconstitutional through its
power of judicial review.
The Parliament can amend the major portion of the Constitution through its
constituent power.
7. Rule of Law
According to this axiom, people are ruled by law but not by men, that is, the basic
truism that no man is infallible. The axiom is vital to a democracy.
More important is the meaning that law is sovereign in democracy.
The chief ingredient of law is custom which is nothing but the habitual practices and
beliefs of common people over a long number of years.
In the final analysis, the rule of law means the sovereignty of the common man’s
collective wisdom.
Apart from this crucial meaning, the rule of law means a few more things like:
There is no room for arbitrariness
Each individual enjoys some fundamental rights, and
The highest judiciary is the final authority in maintaining the sanctity of the
law of the land.
The Constitution of India has incorporated this principle in Part III and in order to
provide meaning to Article 14 (all are equal before the law and all enjoy equal
protection of laws), the promotion of Lok Adalats and the venture of the Supreme
Court known as “public interest litigation” have been implemented.
Also, as per today’s law of the land, any litigant can appeal to the presiding judicial
authority to argue the case by himself or seek legal assistance with the help of the
judiciary.
8. Integrated and Independent Judiciary
India has a single integrated judicial system.
Also, the Indian Constitution establishes Independent Judiciary by enabling
the Indian judiciary to be free from the influence of the executive and the legislature.
The Supreme Court stands as the apex court of the judicial system. Below the
Supreme Court are the High Courts at the state level.
Under a high court, there is a hierarchy of subordinate courts, that is district courts
and the other lower courts.
The Supreme Court is a federal court, the highest court of appeal, the guarantor of
the fundamental rights of the citizens and the guardian of the Constitution. Hence,
the Constitution has made various provisions to ensure its independence.
9. Fundamental Rights
Part III of the Indian Constitution guarantees six fundamental rights to all Citizens.
Fundamental Rights are one of the important features of the Indian Constitution.
The Constitution contains the basic principle that every individual is entitled to enjoy
certain rights as a human being and the enjoyment of such rights does not depend
upon the will of any majority or minority.
No majority has the right to abrogate such rights.
The fundamental rights are meant for promoting the idea of political democracy.
They operate as limitations on the tyranny of the executive and arbitrary laws of the
legislature.
They are justiciable in nature, that is, enforceable by the courts for their violation.
10. Directive Principles of State Policy
According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel
feature’ of the Indian Constitution.
They are enumerated in Part IV of the Constitution.
The Directive Principles were included in our Constitution in order to provide social
and economic justice to our people.
Directive Principles aim at establishing a welfare state in India where there will be no
concentration of wealth in the hands of a few.
They are non-justiciable in nature.
In the Minerva Mills case (1980), the Supreme Court held that ‘the Indian
Constitution is founded on the bedrock of the balance between the Fundamental
Rights and the Directive Principles’.
11. Fundamental Duties
The original constitution did not provide for the fundamental duties of the citizens.
Fundamental Duties were added to our Constitution by the 42nd Amendment Act of
1976 on the recommendation of the Swaran Singh Committee.
It lays down a list of ten Fundamental Duties for all citizens of India.
Later, the 86th Constitutional Amendment Act of 2002 added one more fundamental
duty.
While the rights are given as guarantees to the people, the duties are obligations
that every citizen is expected to perform.
However, like the Directive Principles of State Policy, the duties are also non-
justiciable in nature.
There is a total of 11 Fundamental duties altogether.
12. Indian Secularism
The Constitution of India stands for a secular state.
Hence, it does not uphold any particular religion as the official religion of the Indian
State.
The distinguishing features of a secular democracy contemplated by the Constitution
of India are:
The State will not identify itself with or be controlled by any religion;
While the State guarantees everyone the right to profess whatever religion
one chooses to follow (which includes also the right to be an antagonist or an
atheist), it will not accord preferential treatment to any of them;
No discrimination will be shown by the State against any person on account
of his religion or faith; and
The right of every citizen, subject to any general condition, to enter any office
under the state will be equal to that of fellow citizens. Political equality which
entitles any Indian citizen to seek the highest office under the State is the
heart and soul of secularism as envisaged by Constitution.
The conception aims to establish a secular state. This does not mean that the State
in India is anti-religious.
The Western concept of secularism connotes a complete separation between
religion and the state (negative concept of secularism).
But, the Indian constitution embodies the positive concept of secularism, i.e., giving
equal respect to all religions or protecting all religions equally.
Moreover, the Constitution has also abolished the old system of communal
representation. However, it provides for the temporary reservation of seats for the
scheduled castes and scheduled tribes to ensure adequate representation to them.
13. Universal Adult Franchise
Indian democracy functions on the basis of ‘one person one vote’.
Every citizen of India who is 18 years of age or above is entitled to vote in the
elections irrespective of caste, sex, race, religion or status.
The Indian Constitution establishes political equality in India through the method of
universal adult franchise.
14. Single Citizenship
In a federal state usually, the citizens enjoy double citizenship as is the case in the
USA.
In India, there is only single citizenship.
It means that every Indian is a citizen of India, irrespective of the place of his/her
residence or place of birth.
He/she is not a citizen of the Constituent State like Jharkhand, Uttaranchal or
Chattisgarh to which he/she may belong but remains a citizen of India.
All the citizens of India can secure employment anywhere in the country and enjoy
all the rights equally in all parts of India.
The Constitution makers deliberately opted for single citizenship to
eliminate regionalism and other disintegrating tendencies.
Single citizenship has undoubtedly forged a sense of unity among the people of
India.
15. Independent Bodies
The Indian Constitution not only provides for the legislative, executive and judicial
organs of the government (Central and state) but also establishes certain
independent bodies.
They are envisaged by the Constitution as the bulwarks of the democratic system of
Government in India.
16. Emergency Provisions
The Constitution makers also foresaw that there could be situations when the
government could not be run as in ordinary times.
To cope with such situations, the Constitution elaborates on emergency provisions.
There are three types of emergency
Emergency caused by war, external aggression or armed rebellion [Aricle
352]
Emergency arising out of the failure of constitutional machinery in states
[Article 356 & 365]
Financial emergency [Article 360].
The rationality behind the incorporation of these provisions is to safeguard the
sovereignty, unity, integrity and security of the country, the democratic political
system and the Constitution.
During an emergency, the central government becomes all-powerful and the states
go into total control of the centre.
This kind of transformation of the political system from federal (during normal times)
to unitary (during an Emergency) is a unique feature of the Indian Constitution.
17. Three-tier Government
Originally, the Indian Constitution provided for a dual polity and contained provisions
with regard to the organisation and powers of the Centre and the States.
Later, the 73rd and 74th Constitutional Amendment Acts (1992) have added a third-
tier of government (that is, Local Government), which is not found in any other
Constitution of the world.
The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats
(rural local governments) by adding a new Part IX and a new Schedule 11 to the
Constitution.
Similarly, the 74th Amendment Act of 1992 gave constitutional recognition to the
municipalities (urban local government) by adding a new Part IX-A and a new
Schedule 12 to the Constitution.
18. Co-operative Societies
The 97th Constitutional Amendment Act of 2011 gave constitutional status and
protection of cooperative societies.
In this context, it made the following three changes to the Constitution:
It made the right to form cooperative societies a fundamental right (Article
19).
It included a new Directive Principles of State Policy on the promotion of
cooperative societies (Article 43-B).
It added a new Part IX-B in the Constitution which is entitled “The Co-
operative Societies” [Articles 243-ZH to 243-ZT].
The new Part IX-B contains various provisions to ensure that the cooperative
societies in the country function in a democratic, professional, autonomous and
economically sound manner.
It empowers the Parliament in respect of multi-state cooperative societies and the
state legislatures in respect of other cooperative societies to make the appropriate
law.
1.4 Preamble of the Constitution of India.
The ‘Preamble’ of the Constitution of India is a brief introductory statement that sets out
the guiding purpose and principles of the document, and it indicates the source from which
the document which derives its authority, meaning, the people. It was adopted on 26
November 1949 by the Constituent Assembly of India and came into effect on 26th January
1950.
Preamble of India – Objective Resolution
In 1946, Objective Resolution was moved by Jawaharlal Nehru, describing the constitutional
structure. In 1947 (22nd January) it was adopted. It shaped the Constitution of India and its
modified version is reflected in the Preamble of the Indian Constitution. The basic tenets
that the objective resolution highlighted were:
Constituent Assembly’s resolve to see India as independent, sovereign and republic
To draw a Constitution for India
To make all territories of pre-independent India into united states of post-
independent India
To realize residual powers, autonomy on such states as the Constitution of India
reflects
To realize a union with a power which will be different from those given to such
states
The people of India to play the source of power and authority of the sovereignty, and
independence
To provide justice, social, economic and political equality of status of opportunity
and, freedom of thought,
expression, belief, faith, worship, vocation, association and action, subject to law and
public
morality before the law
To provide adequate safeguards to the minorities, tribal and backward areas and
other depressed and backward classes
To maintain the integrity of the Indian Republic’s territory and its territorial rights on
land, sea, and air according to the justice and law of the civilized nation
To promote peace and welfare among the worldly nations.
Preamble of India – Facts
Interesting Facts about Preamble of Indian Constitution
It was enacted after the enactment of the entire Constitution of India
The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd
Constitutional Amendment Act of 1976.
The Preamble secures to all citizens of India liberty of belief, faith and worship
Ideal of justice (social, economic and political) in the Preamble are borrowed from
the Soviet Union (Russia) Constitution
Republic and the ideals of liberty, equality and fraternity are borrowed from the
French Constitution
Preamble, in itself, has been first introduced through the American Constitution
Four Main Ingredients of the Indian Preamble
The source of the Indian Constitution, the nature of the Indian State, the objectives of the
Constitution of India & the date of adoption of the Indian State, are four main ingredients of
the Indian Preamble which you can read about in the table below:
Preamble to the Indian Constitution
Source of the Indian The People of India are revealed to be the source of the authority of the
Constitution Indian Constitution. The words, ‘We, the People of India’ reflect the same.
Nature of the Indian State The Preamble of India tags India as the sovereign, socialist, republic,
secular and democratic nation
Objective of the Indian Justice, Liberty, Equality and Fraternity are denoted as the objectives of
Constitution the Preamble of India
Adoption Date of the November 26, 1949 as the date when then the Indian Constitution
Constitution of India
CHAPTER: 2
Fundamental Rights and Directive Principles
What are Fundamental Rights?
Fundamental rights are the basic human rights enshrined in the Constitution of India which
are guaranteed to all citizens. They are applied without discrimination on the basis of race,
religion, gender, etc. Significantly, fundamental rights are enforceable by the courts,
subject to certain conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:
1. They are enshrined in the Constitution which guarantees them.
2. They are justiciable (enforceable by courts). In case of a violation, a person can
approach a court of law.
How many Fundamental Rights are there in the Indian Constitution?
There are six fundamental rights in the Indian Constitution. They are mentioned below along
with the constitutional articles related to them:
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)
Why Right to Property is not a Fundamental Right?
There was one more fundamental right in the Indian Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th
Constitutional Amendment.
This was because this right proved to be a hindrance towards attaining the goal of socialism
and redistributing wealth (property) equitably among the people.
Is right to property a constitutional right or legal right?
Fundamental Rights of India
1. Right to Equality (Articles 14 – 18)
The right to equality is one of the important fundamental rights of the Indian Constitution
that guarantees equal rights for everyone, irrespective of religion, gender, caste, race or
place of birth. It ensures equal employment opportunities in the government and insures
against discrimination by the State in matters of employment on the basis of caste, religion,
etc. This right also includes the abolition of titles as well as untouchability.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The
Indian Constitution guarantees freedom to citizens. The freedom right includes many rights
such as:
Freedom of speech
Freedom of expression
Freedom of assembly without arms
Freedom of association
Freedom to practise any profession
Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality and
decency and friendly relations with foreign countries. This means that the State has the right
to impose reasonable restrictions on them.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms of
forced labour. It also implies the prohibition of employment of children in factories, etc. The
Constitution prohibits the employment of children under 14 years in hazardous conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions.
There is freedom of conscience, profession, practice and propagation of religion. The State
has no official religion. Every person has the right to freely practice his or her faith, and
establish and maintain religious and charitable institutions.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating
them to preserve their heritage and culture. Educational rights are for ensuring education
for everyone without any discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights. When these rights are violated,
the aggrieved party can approach the courts. Citizens can even go directly to the Supreme
Court which can issue writs for enforcing fundamental rights.
2.2 Fundamental duties and their significance under part-IV-A
Fundamental duties were introduced within the constitution of India by the 42nd
Amendment in 1976. The constitution of India borrowed the concept of fundamental duties
from the Union of Soviet Socialist Republics(USSR). These fundamental duties are designed
to tell the Indian citizens their duty towards their society, fellow citizens, and the nation.
Fundamental Duties also warn citizens against anti-national and anti-social activities and
force them to become wise persons. It also demonstrates the role of individuals in the
overall growth and development of the country. These duties are necessary to maintain the
liberty and integrity of any individual and help them live happily and peacefully.
Fundamental duties
Part IV-A demonstrates the fundamental duties of Indian citizens. Although, Article 51 –A of
this part is where all the fundamental duties are defined. These duties are introduced under
the 42nd Amendment of the constitution. The Swaran Singh Committee has suggested
adding fundamental duties in the constitution of India. This committee was constituted by
Indira Gandhi for checking the constitution deeply. But later, this committee added
fundamental duties to the constitution. In 1976, the committee had added ten fundamental
duties in the constitution of India. But later in the year 2002, one more fundamental duty
was added in the constitution under the 86th amendment act. Fundamental Duties are not
compulsory to follow by every Indian citizen. These are indispensable to promote the
growth of the country. These duties are important to promote harmony and integrity within
the country.
Fundamental duties of Indian constitution
Currently, there are 11 Fundamental Duties written in our constitution of India. Let’s
understand those ten fundamental duties which were added previously in 1976.
To oblige with the Indian Constitution and respect the National Anthem and Flag.
To cherish and follow the noble ideas that inspired the national struggle for freedom.
To protect the integrity, sovereignty, and unity of India.
To defend the country and perform national services if and when the country requires.
To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic, and regional or sectional diversities; to renounce practices
derogatory to the dignity of women.
To value and preserve the rich heritage of our composite culture.
To protect and improve the natural environment including forests, lakes, rivers, wildlife and
to have compassion for living creatures.
To develop the scientific temper, humanism, and the spirit of inquiry and reform.
To safeguard public property and to abjure violence.
To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement.
In 2002, one more fundamental duty was added in the Indian constitution, under 86th
Amendment.
Who is a parent or guardian, to provide opportunities for education to his child, or as the
case may be, ward between the age of six to fourteen years.
Importance of fundamental duties
Fundamental duties demonstrate an individual’s duty towards their society, fellow citizens,
and the nation. It is very important to maintain harmony within the whole nation. These
fundamental duties are very important to maintain the constitutional validity of a law. Let’s
understand their importance for different aspects.
Importance of fundamental duties for Indian citizens
Fundamental duties play a major role in the individual’s development. They describe the
person’s duty towards their society, fellow citizens, and the nation. Along with this,
fundamental duties also tell that as an Indian citizen, everyone must be responsible for their
duty towards their society, fellow citizens, and the nation. Fundamental Duties also help
Indian citizens to live life with dignity, happiness, and joy. The Constitution of India does not
discriminate based on caste, religion, and language. It provides equal opportunity to all the
citizens of India. It also warns citizens against anti-national and anti-social activities.
Importance of fundamental duties for the government of India
Fundamental duties are indispensable for the proper functioning of all laws of the
government of India. Fundamental Duties help the government explain the citizen’s duty
towards their society, fellow citizens, and the nation. These duties also help the Indian
government maintain the peaceful environment of the whole nation. It also helps in the
development and growth of the nation.
Furthermore, fundamental duties also inspire individuals to protect natural and public
resources. It also helps the government of India to utilise all the available resources at their
optimum level. Fundamental Duties also strengthen the constitutional validity of a law
2.3 Relevance of Directive Principles of State Policy under part IV A.
The Directive Principles of State Policy (DPSP) in India are a set of guidelines and principles
laid down in Part IV of the Constitution of India. While not legally enforceable by the courts,
these principles provide a framework for the government's policies and actions. The
significance of the Directive Principles of State Policy lies in their role as a guide for the state
to achieve socio-economic justice and the overall welfare of the people. Here are some key
points highlighting their significance:
Welfare of the People:
The DPSP emphasizes the welfare of the people and encourages the state to take positive
actions for the betterment of society. It directs the state to work towards achieving a social
and economic order that promotes justice and equality.
Social Justice:
Many of the Directive Principles focus on promoting social justice, including the elimination
of inequalities based on caste, gender, and economic disparities. The state is encouraged to
take steps to ensure that the benefits of development reach all sections of society.
Economic Justice:
The DPSP stresses the importance of economic justice by directing the state to secure a
distribution of wealth and resources that is not only adequate but also ensures a reasonable
standard of living for all citizens.
Promotion of Education:
The Constitution underscores the importance of education in the DPSP, urging the state to
provide free and compulsory education for children up to a certain age. This reflects a
commitment to promoting literacy and knowledge as essential for individual and societal
development.
Environmental Protection:
Over time, concerns related to the environment have gained significance. The DPSP includes
principles that encourage the state to protect and improve the environment, ensuring a
balance between development and environmental sustainability.
International Peace:
Some Directive Principles highlight the importance of securing international peace and
maintaining just and honourable relations between nations. This reflects a commitment to
global harmony and cooperation.
Guidance for Legislation:
Though not legally enforceable, the DPSP serves as a guide for the state while formulating
laws and policies. Lawmakers often refer to these principles when framing legislation to
ensure that it aligns with the broader objectives of the Constitution.
Balancing Fundamental Rights:
The DPSP complements the Fundamental Rights enshrined in Part III of the Constitution.
While Fundamental Rights are justiciable, the DPSP provides a balancing act by outlining the
social and economic goals the state should strive for, ensuring a harmonious coexistence
between individual rights and societal welfare.
While the Directive Principles of State Policy are not justiciable, their significance lies in their
aspirational nature, guiding the government in crafting policies and laws that align with the
socio-economic goals outlined in the Constitution. They play a crucial role in shaping the
vision of a just and equitable society as envisaged by the framers of the Constitution.
CHAPTER: 3
Governance and Amendments
3.1 Amendment procedure of the Constitution and their types - simple and
special procedures.
Meaning of the Amendment of the Constitution
The Amendment of the Constitution refers to the process of making changes such as
the addition, variation, or repeal of any provision of the Constitution in accordance with
the procedure laid down for the purpose. The purpose of Constitutional Amendments is to
ensure that the Constitution remains a living document capable of adapting to changing
circumstances while upholding its fundamental principles and values.
Provisions of Amendment of Indian Constitution
The Indian Constitution, being a living document, provides for its amendment. The detailed
provisions regarding the Amendment of the Constitution of India are contained in Article
368 in Part XX of the Indian Constitution. These provisions define the process and scope of
amending the Constitution.
Various aspects of the Amendment of the Constitution of India are dealt with in detail in the
sections that follow.
Procedure for Amendment to the Indian Constitution
The procedure for the Amendment of the Constitution of India as per Article 368
is as follows:
o A bill for the amendment of the Constitution can be introduced only in
either house of the Parliament, not in the State Legislatures.
o The bill can be introduced either by a minister or by a private
member and does not require prior permission of the President.
o The bill must be passed in each House by a Special Majority, that is, a
majority (more than 50 percent) of the total membership of the House
and a majority of two-thirds of the members of the House present and
voting.
o Each House must pass the bill separately. In case of a disagreement
between the two Houses, there is no provision for holding a joint
sitting of the two Houses for deliberation and passage of the bill.
o If the bill seeks to amend the federal provisions of the Constitution, it
must also be ratified by the legislatures of half of the states by
a Simple Majority, that is, a majority of the members of the House
present and voting.
o After duly passed by both Houses of Parliament and ratified by the
State Legislatures, where necessary, the bill is presented to the
President for his/her assent.
o The President must give his assent to the bill. He can neither withhold
his assent to the bill nor return the bill for reconsideration by the
Parliament.
o After the President’s assent, the bill becomes an Act (i.e.
a Constitutional Amendment Act), and the Constitution stands
amended as per the changes made by the Act.
Types of Amendments in Indian Constitution
Article 368 of Indian Constitution provides for two types of amendments:
o By a Special Majority of Parliament (50% of the total membership of
the House + 2/3rd of the members present and voting),
o By a Special Majority of Parliament plus ratification of 1/2 of the states
by a Simple Majority,
One other type of amendment can be done by a Simple Majority of Parliament.
o However, these amendments are not deemed to be amendments for
the purpose of Article 368.
Therefore, the Constitution can be amended in three ways:
o Amendment by a simple majority of the Parliament,
o Amendment by a special majority of the Parliament, and
o Amendment by a special majority of the Parliament and the
ratification of half of the State Legislatures.
The process and scope of each type of amendment are discussed in detail below.
By Simple Majority of Parliament
Several provisions in the Indian Constitution can be amended by a Simple
Majority i.e. 50 percent of members present and voting.
It is to be noted that these amendments fall outside the scope of Article 368.
A few examples of the provisions that can be amended by simple majority are:
o Admission or establishment of new states,
o Formation of new states and alteration of areas, boundaries, or names
of existing states,
o Abolition or creation of Legislative Councils in states, etc.
By Special Majority of Parliament
The majority of the provisions in the Constitution can be amended only by a
Special Majority (more than 50 percent of the total membership of the House
and a majority of two-thirds of the members of that House present and voting).
The provisions that can be amended by Special Majority are:
o Fundamental Rights,
o Directive Principles of State Policy,
o All other provisions that are not covered by the first and third
categories.
By Special Majority of the Parliament and Consent of Half States
The provisions of the Constitution that are related to the federal structure of the
Indian polity require for their amendment a Special Majority of the
Parliament along with the consent of half of the state legislatures by a Simple
Majority.
The following points are to be noted w.r.t. these types of amendments:
o It does not require that all the states give their consent to the bill. The
moment half of the states give their consent, the formality is
completed and the bill is passed.
oThe constitution has not prescribed any time limit within which the
states should give their consent to the bill.
A few examples of the provisions that can be amended this way are:
o Election of the President and its manner,
o Extent of the executive power of the Union and the States,
o Provisions related to the Supreme Court and High courts, etc.
3.2 Major Constitutional Amendment procedure - 1st, 7th, 42nd, 44th,
73rd & 74th, 76th, 86th, 52nd & 91st, 102nd
First Amendment Act, 1951
The state was empowered to make special provisions for the advancement of socially and backward
classes
The Ninth Schedule was added
Note:
Fourth Amendment Act, 1955 included some more Acts in the Ninth Schedule
17th Amendment Act, 1964 included 44 more Acts in the Ninth Schedule
29th Amendment Act, 1972 included two Kerala Acts on land reforms in the Ninth Schedule
34th Amendment Act, 1974 included twenty more land tenure and land reforms acts of various
states in the Ninth Schedule
Three more grounds of restrictions on Article 19 (1) [Freedom of speech and expression] were added:
Public order0
Friendly relations with foreign states
Incitement to an offence
Note: Restrictions were made reasonable and justiciable.
Introduced the validity of the state’s move to nationalize any business or trade and the same to not be
invalid on the grounds of violation of the right to trade and business
Second Amendment Act, 1952
The scale of representation in the Lok Sabha was readjusted stating that 1 member can represent even
more than 7.5 lakh people.
Seventh Amendment Act, 1956
The provision of having a common High Court for two or more states was introduced
Abolition of Class A, B, C and D states – 14 States and 6 Union Territories were formed
Introduction of Union Territories
Ninth Amendment Act, 1960
Adjustments to Indian Territory as a result of an agreement with Pakistan (Indo-Pak Agreement 1958):
Cession of Indian territory of Berubari Union (West Bengal) to Pakistan
Tenth Amendment Act, 1961
Dadra, Nagar, and Haveli incorporated in the Union of Indian as a Union Territory
12th Amendment Act, 1962
Goa, Daman and Diu incorporated in the Indian Union as a Union Territory
13th Amendment Act, 1962
Nagaland was formed with special status under Article 371A
14th Amendment Act, 1962
Pondicherry incorporated into the Indian Union
Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Puducherry were
provided the legislature and council of ministers
19th Amendment Act, 1966
System of Election Tribunals was abolished and High Courts were given the power to hear the election
petitions
21st Amendment Act, 1967
Sindhi language was language into 8th Schedule of Indian Constitution
24th Amendment Act, 1971
The President’s assent to Constitutional Amendment Bill was made compulsory
25th Amendment Act, 1971
Fundamental Right to Property was curtailed
26th Amendment Act, 1971
Privy Purse and privileges of former rulers of princely states were abolished
31st Amendment Act, 1972
Lok Sabha seats were increased from 525 to 545
35th Amendment Act, 1974
The status of Sikkim as protectorate state was terminated and Sikkim was given the status of ‘Associate
State’ of India
36th Amendment Act, 1975
Sikkim was made a full-fledged state of India
40th Amendment Act, 1976
Parliament was empowered to specify from time to time the limits of the territorial waters, the continental
shelf, the exclusive economic zone (EEZ) and the maritime zones of India.
42nd Amendment Since the 42nd Amendment Act is the most comprehensive amendment of the Indian
Act, 1976 Constitution, called the ‘Mini-Constitution,’ candidates can read about it in detail in the
linked article.
44th Amendment It is also one of the important amendments in the Indian Constitution, enacted by the
Act, 1978 Janata Government. Candidates can read about the 44th Amendment Act in detail in
the linked article.
52nd Amendment Act, 1985
A new tenth Schedule was added providing for the anti-defection laws. Candidates can read in detail about
the Tenth Schedule in the linked article.
61st Amendment Act, 1989
The voting age was decreased from 21 to 18 for both Lok Sabha and Legislative Assemblies elections
65th Amendment Act, 1990
Multi-member National Commission for SC/ST was established and the office of a special officer for SCs
and STs was removed.
Candidates can read about these National Commissions from the links provided below:
National Commission for SC
National Commission for ST
69th Amendment Act, 1991
Union Territory of Delhi was given the special status of ‘National Capital Territory of Delhi.’
70-member legislative assembly and a 7-member council of ministers were established Delhi
71st Amendment Act, 1992
Konkani, Manipuri and Nepali languages were included in the Eighth Schedule of the Constitution.
Total number of official languages increased to 18
73rd Amendment Act, 1992
Panchayati Raj institutions were given constitutional status.
A new Part-IX and 11th Schedule were added in the Indian Constitution to recognize Panchayati Raj
Institutions and provisions related to them
74th Amendment Act, 1992
Urban local bodies were granted constitutional status
A new Part IX-A and 12th Schedule were added to the Indian Constitution
86th Amendment Act, 2002
Elementary Education was made a fundamental right – Free and compulsory education to children between
6 and 14 years
A new Fundamental Duty under Article 51 A was added – “It shall be the duty of every citizen of India who
is a parent or guardian to provide opportunities for education to his child or ward between the age of six and
fourteen years”
Read about Fundamental Duties in detail in the linked article.
88th Amendment Act, 2003
Provision of Service Tax was made under Article 268-A – Service tax levied by Union and collected and
appropriated by the Union and the States
92nd Amendment Act, 2003
Bodo, Dogri (Dongri), Maithili and Santhali were added in the Eighth schedule
Total official languages were increased from 18 to 22
95th Amendment Act, 2009
Extended the reservation of seats for the SCs and STs and special representation for the Anglo-Indians in
the Lok Sabha and the state legislative assemblies for a further period of ten years i.e., up to 2020 (Article
334).
97th Amendment Act, 2011
Co-operative Societies were granted constitutional status:
Right to form cooperative societies made a fundamental right (Article 19)
A new Directive Principle of State Policy ( Article 43-B) to promote cooperative societies
A new part IX-B was added in the constitution for cooperative societies
100th Amendment Act, 2015
To pursue land boundary agreement 1974 between India and Bangladesh, exchange of some enclave
territories with Bangladesh mentioned
Provisions relating to the territories of four states (Assam, West Bengal, Meghalaya) in the first schedule of
the Indian Constitution, amended.
101st Amendment Act, 2016
Goods and Service Tax (GST) was introduced. Read more about GST in the linked article.
102nd Amendment Act, 2018
Constitutional Status was granted to National Commission for Backward Classes (NCBC)
103rd Amendment Act, 2019
A maximum of 10% Reservation for Economically Weaker Sections of citizens of classes other than the
classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally
backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.
IAS Exam aspirants might want to learn about EWS Criteria for UPSC which they can check in
the linked article.
104th Amendment Act, 2020
Extended the deadline for the cessation of seats for SCs and STs in the Lok Sabha and state assemblies
from seventy years to eighty. Removed the reserved seats for the Anglo-Indian community in the Lok
Sabha and state assemblies.
105th Amendment Act, 2021
Restored state governments’ power to prepare the Socially and Educationally Backward Classes (SEBC)
list.
106th Amendment Act, 2023
This was the women’s reservation bill which reserves one-third of all seats for women in Lok Sabha, State
legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including
those reserved for SCs and STs.
CHAPTER 4
Electoral Literacy and Voter’s Education
4.1 Electoral rights, Electoral process of registration
What is voter registration?
In Indian Elections, voting is the essential part of all individuals above 18 years.
However, Indian citizens must enroll themselves as voters with the Election Commission of
India (ECI) to participate in the voting process and obtain the voter registration or Voter ID
card.
The Voter ID card indicates that an individual is more than 18 years old Indian citizen listed
in the electoral rolls, a list of people eligible to cast their vote. The Voter ID card also helps
in regulating fraud and streamlining the voting process, a necessary step due to the
country's huge demographics. Registration for a Voter ID card is an easy process that can be
done online.
Importance of voter registration in Indian democracy
Voter registration is essential for all Indian citizens above 18 years old to participate in the
voting process. A citizen cannot vote in India if he/she does not have a voter registration.
Voting is the foundation of Indian democracy and is crucial in shaping the Indian political
landscape. Voter registration allows citizens to exercise their voting right to participate in
decision-making and choose their representatives.
Eligibility criteria for voter registration in India
The individuals who fulfil the following conditions are eligible for voter registration in India:
Citizen of India
18 years of age
Have a permanent address in India
The following are not eligible for voter registration:
A Non-Resident Indian (NRI) having citizenship of another country
An individual with an unsound mind
An individual convicted of certain crimes
An individual serving a sentence of imprisonment for an offence
Online voter registration
Step 1: Visit the official Voter Services Portal.
Step 2: Click on the ‘Sign up’ option on the top right corner of the homepage.
Step 3: Enter the mobile number, email ID and captcha code and click the ‘Continue’
button.
Step 4: Enter ‘First Name’, ‘Last Name’, ‘Password’, ‘Confirm Password’, and click the
‘Request OTP’ button.
Step 5: Enter the OTP received on the mobile number and email ID and click the
‘Verify’ button.
Step 6: Log in to the Voter services portal by clicking the ‘Login’ button on the
homepage, entering the mobile number, password, and captcha and clicking the
‘Request OTP’ button.
Step 7: Enter the OTP received on your mobile number and click the ‘Verify & Login’
button.
Step 8: Click the ‘Fill Form 6’ button on the ‘New registration for general electors’ tab.
Step 9: Enter all the details on Form 6, which includes personal details, relatives
details, contact details, Aadhaar details, date of birth details, address details, and
declaration and upload the required documents in the given sections and click the
‘Preview and Submit’ button.
Step 10: Check if the entered details are correct and click the ‘Submit’ button.
Offline voter registration
Step 1: Visit the Booth Level Officer’s (BLO) office and obtain Form 6 or download
Form 6 from the Voter Services Portal by clicking the ‘Download’ button on the ‘New
registration for general electors’ tab
Step 2: Fill out Form 6 accurately
Step 3: Submit the required documents and the filled form to the BLO.
Verification process
After submission of Form 6, either offline or online, the Booth Level Officer performs the
verification. The BLO verifies the address in the address proof document in line with Election
Commission criteria, ensuring document authenticity.
The application will be cancelled, and the applicant will not get a Voter ID if the officer
discovers inconsistencies during this verification process. In such a case, the individual is
required to submit a new application.
When there are no inconsistencies in the verification process, the applicant becomes
eligible for a valid Voter ID upon successful Voter ID verification. The Voter ID is typically
delivered by post to the mentioned address or email within 15 to 21 days after the
verification process concludes.
Documents required for Voter registration
Address Proof:
Utility bills (Water, electricity or gas bills that are not older than a year).
Current passbook of a public sector bank, scheduled bank or post office.
Registered rental or lease agreement (in case of a tenant).
Registered sale deed (in case of own land).
Aadhaar card.
Indian Passport.
Revenue department’s land-owning records, including KisanBahi.
Proof of Date of Birth:
Certificates of class X or class XII issued by the CBSE, ICSE or State Education
Boards containing the date of birth.
Birth certificate issued by the competent local body, municipal authority, or
Registrar of births and deaths.
Driving license.
Aadhaar card.
PAN card.
Indian Passport.
Two recent passport-sized photographs (the photo should be taken in less than six
months before submission).
Forms required for registering to vote
There are several forms for voter registration to cater to diverse circumstances and needs,
which are as follows:
Form 6: This is the form for registering to vote or applying for a Voter ID card by
Indian citizens above 18 years.
Form 6A: An NRI who is a citizen of India and has not acquired citizenship of any other
country can get a Voter ID by filling out this form.
Form 6B: This is the form to link the Aadhaar card with Voter ID.
Form 7: This form is used to get the name deleted from the existing electoral roll.
Form 8: When individuals want to modify, add or correct entries in their Voter ID,
they must fill out this form.
Check voter registration status
Step 1: Visit the official Voter Services Portal.
Step 2: Click the ‘Login’ button.
Step 3: Enter the mobile number, password and captcha code and click the ‘Request
OTP’ button.
Step 4: Enter the OTP and click the ‘Verify and Login’ button.
Step 5: Click the ‘Track Application Status’ tab.
Step 6: Enter the reference number, select state and click the ‘Submit’ button.
Step 7: The voter registration status will be displayed on the screen.
The reference ID is a unique number assigned to your voter registration application. You will
get the acknowledgement slip when you submit the Form 6 application, which will contain
the reference ID number.
You can also check voter registration status by visiting your area's Electoral Registration
Officer (ERO) and providing your name, date of birth, and address details. The ERO will
check and give you the voter registration status.
Mistakes to avoid while registering Voter ID online
A few things to watch out for while Voter ID Card online registration are:
Ensure that you are using the correct form to register for a Voter ID:
Form 6- for first-time voters
Form 6A- for NRI voters not having citizenship of another country
Form 7 – to object to an application for inclusion on the electoral roll
Form 8 – for correction of details on an existing Voter ID
You need to ensure all the supporting documents have been submitted along with
your registration to ensure that all the details provided by you are correct.
While filling out the form, you must ensure all the details are error-free. If any such
error does occur, the same will be reflected on your Voter ID. Always double-check
the information you fill in the form for spelling errors or any other errors.