2

Table of Contents

Sl. Title Page

01 Abstract 03
02 Introduction 05
03 Largest Written Constitution 05
04 Influenced by Many Systems 05
05 Mixture of Rigidity and Flexibility 08
06 Republicanism in Indian Constitution 09
07 Constitutional Socialism in India: 11
Philosophical Roots, Judicial
Interpretation, and Comparative Insights
08 Parliamentary Form of Government 13

09 India's "Asymmetric" Federalism 15

10 Constitutional Supremacy and Judicial 17
Review
11 Basic Structure Doctrine 17
12 Separation and Independence of the 22
Judiciary in India
13 Advisory Jurisdiction of the Supreme 24
Court
14 Advisory Jurisdiction of the Supreme 24
Court
15 Fundamental Rights 25
16 Directive Principles of State Policy 28
17 Secularism 30
18 Fundamental Duties under the Indian 33
Constitution
19 Conclusion 34
20 Bibliography 36
21 Contributions 38
 3

Abstract
The Constitution of India, adopted in 1950, serves as the supreme law of the land. This paper
explores the salient features that define the Indian Constitution, including its distinction as the
largest written constitution, its hybrid structure of rigidity and flexibility, and its adoption of
republicanism, secularism, and constitutional socialism as core principles. Although it does not
have any explicit article regarding constitutional supremacy like that of Bangladesh, it
implicitly expresses this through several key provisions. It embodies the values of justice,
liberty, equality, and fraternity. It is renowned for its flexibility and its ability to adapt to the
dynamic needs of a diverse nation. This paper analyzes the salient features of the Indian
Constitution, highlighting its federal structure with a strong unitary bias, Directive Principles
of State Policy, comprehensive fundamental rights, parliamentary form of government, and
separation of powers. Other notable aspects discussed include the independence of the
judiciary, judicial review, and the secular and democratic character of the state. The judiciary's
independence and its power of judicial review safeguard the Constitution’s basic structure,
ensuring that fundamental rights, directive principles, and the rule of law remain inviolable.
The Indian Constitution is not merely a legal instrument but a dynamic, evolving architecture
of governance, upholding justice, liberty, equality, and fraternity in the world’s largest
democracy. Through an analysis of these features, the paper highlights how the Indian
Constitution ensures democratic governance, the rule of law, and the protection of civil liberties
while accommodating the diverse social, cultural, and regional fabric of the nation.

Keywords
Constitution, Fundamental Rights, Judiciary, Parliament, Federal
 4

1. Introduction
After a long era of Colonial rule, on 26 January of 1950 Indian Constitution was adopted. This
is not only a legal document but also an embodiment of the struggles and rebellions of Indian
people to earn their own constitution incorporating nationalistic ideals and visions. Although
the Indian Constitution tried to maintain its distinct nationalist identity, many of the features
are drawn from several global sources enhancing its relevance with the contemporary world.
This constitution is comprehensive in its nature which is very necessary to reflect the diversity
in all the aspects of a nation like India such as culture, religion, language, socio-economic
conditions and many more. This constitution is drafted with extraordinary wisdom and care
just to make sure that it lays down all the foundations for how a nation like India functions
politically, socially and legally. This paper aims to analyze all the key features of the Indian
Constitution that define the core elements of the noteworthy features which help to furnish the
functioning of the world's largest democracy.

2. Largest Written Constitution

The Indian Constitution is regarded as the reflection of the aspirations, hopes and the diverse
cultural values of the people of India. When this constitution was adopted, it contained 395
Articles and 8 schedules but at present this constitution consists of 450 Articles and 12
schedules having expanded through more than 100 amendments 1. This expansion demonstrates
flexibility of the constitution of India by accommodating growth though the amendments. In
Kesavananda Bharati Sripadagalvaru vs State of Kerala and Anr, it is seen that the
parliament has a significant power to amend all the provisions of the constitution except the
basic structures of the constitution2. And for these reasons, one of the most important salient
features of the Indian Constitution is its size. This constitution is regarded as the largest written
constitution in the world. One of the major reasons of the Indian Constitution being the largest
written constitution is its historical context. The constitutional framework of India was greatly
influenced by the colonial era laws. For example, the Government of India Act, 1935. This
act mainly elaborated the administrative structures for the British India and later it was regarded
as the fundamental model while adopting the Indian Constitution. 3 And a significant portion of
this act was adapted in the constitution of India and as a result the constitution became more

1
Constitution of India (adopted 26 November 1949, came into force 26 January 1950).
2
Kesavananda Bharati v State of Kerala (1973) 4 SCC 225 (SC).
3
The Government of India Act, 1935 (26 Geo 5 & 1 Edw 8 c 2).
 5

detailed and extensive which added a significant length to the constitution of India. India being
the country which has diversity almost in all aspects such as geography, language, culture and
the religion, the framers of the constitution of India has tried to include provisions to represents
all the communities of this country. There are many provisions in the constitution which
highlight the personal laws, rights of the minority, the local governance and the educational
rights of the scheduled castes, schedules tribes, religious minorities and the linguistic groups.
These provisions ensured the representations of all the marginalised groups of the country and
inclusion of them. To govern a vast and diverse country like India, the Indian Constitution
follows a quasi - federal system consisting of a strong central government with the governments
of other states with their individual legislations and administrative powers. And many
provisions to demonstrate the roles, responsibilities and powers of the Union and the States
have been added in the constitution. Ir Coelho (Dead) By Lrs vs The State of Tamil Nadu
(1999), in this case the adaptability of the Indian Constitution has been seen by creating a
balance between the role of judicial review, the basic structure doctrine and also the
parliamentary power to amend the constitution which is also a response to the challenges of
balancing central authority with the state autonomy ensuring both the union and the state
function with the constitutional limits4. As India has adopted the Parliamentary system of
government many provisions related to the rules and functions of the Parliament, role of the
President, Prime Minister, other Ministers, Governors, are given in the constitution of India, so
that there remains no ambiguity and uncertainty. Also, the provisions related to the
Fundamental rights and the Directive Principles of State policy have been given in this
constitution. Where the Fundamental rights talk about the Right to Equality, Right to Freedom,
Right to Constitutional Remedies and many more also the directive principles of state policy
ensure the core principles of the constitution such as secularism, democracy and federalism.
All these provisions have added great length to the constitution of India which resulted in the
Indian Constitution being the largest written constitution in the world.

3. Influenced by Many Systems

The Indian Constitution is itself a diverse document which has borrowed many of its elements
from other constitutional systems across the world. A nation like India which has diversity in
geography, language, culture, and religion, it was necessary to adapt many diverse ideas from
other constitutional systems. The chairman of the Drafting Committee and the Constituent

4
I R Coelho (Dead) by LRs v State of Tamil Nadu (2007) 2 SCC 1.
 6

Assembly, Dr. B.R. Ambedkar tried to take inspirations from various constitutional systems
around the world to make this constitution a comprehensive one. The influence of the other
constitutional systems is seen in the many provisions of the Indian Constitution. Some are
briefly discussed below –

3.1. Influence of the British Constitution

In India the Parliamentary system is followed, where the legislative responsibilities belong to
the executive and this is taken from the Westminster model 5. In the case of Kesavananda
Bharati vs The State of Kerala (1973), the basic structure doctrine has been upheld which
highlights the Parliamentary democracy as a core element borrowed from the UK constitution6.
The concept of Rule of law which reflects the equality before law and the equal protection of
law, (ARTICLE 14-18) of the Indian constitution, is borrowed from the British Constitution7.
The UK constitution has bicameralism in its feature where the legislature is divided into two
houses, the House of Lords and the House of Commons similarly India has bicameral
legislature, consisting of Lok Sabha (House of the people) and Rajya Sabha (Council of
States)8. The writ jurisdictions are also taken from the Britain which is seen in the Article 32
and 226 of the Indian Constitution ensuring constitutional remedies.

3.2. Influence of the United States Constitution

Many significant features like Fundamental rights, Judicial review, Independence of the
Judiciary, Doctrine of separation of power, have been borrowed from the US Constitution9.
The provisions related to fundamental rights have been given in the part (III) of the Indian
Constitution which reflects the idea of US Bill of Rights. A.K Gopalan v State of Madras
(1950), which is an Indian case on fundamental rights and due process 10. another case, Maneka
Gandhi v Union of India(1978), expanded the meaning of one of the fundamental rights (Right
to life and personal liberty in Article 21), applied the concept of due process which is quite like
the US model11. The case of Marbury v Madison (1803) established the concept of judicial
review in US constitution which is borrowed in the Indian Constitution. Article 13 of the Indian

5
M P Jain, Indian Constitutional Law (8th edn, LexisNexis 2018) 158.
6
Kesavananda Bharati v State of Kerala (1973)4 SCC 225.
7
Constitution of India 1950, arts 14–18.
8
Durga Das Basu, Introduction to the Constitution of India (24th edn, LexisNexis 2022) 156.
9
Granville Austin, The Indian Constitution: Cornerstone of a Nation (OUP 1966) 67.
10
A K Gopalan v State of Madras AIR 1950 SC 27.
11
Maneka Gandhi v Union of India (1978)1 SCC 248: AIR 1978 SC 597: (1978) 2.
 7

Constitution elaborates the power of the Judiciary to eliminate the laws which are inconsistent
with the constitution.

3.3. Influence of the Irish Constitution:

The concept of Directive Principles of State Policy which is given in Part IV of the Indian
Constitution is borrowed from the Constitution of Ireland. Minerva Mills Ltd v Union of India
(1980), in this case the affirmation of the balance between the Fundamental Rights and the
Directive Principles has been shown by mentioning that part III and part IV of the Indian
Constitution are not contradictory rather they are complimentary 12. These principles which are
non-justiciable ensure the socio-economic justice in India.

3.4. Influence of the Australian Constitution:

India follows the quasi-federal system which shows a division of powers between the Union
and the States. And this concept is borrowed from the Australian Constitution 13.

3.5. Influence of the Weimar (German) Constitution:

Emergency provisions have been elaborated in part XVIII of the Indian Constitution14. In the
case of ADM Jabalpur v. Shivkant Shukla (1976), the supreme court of India upheld the
suspension of the fundamental rights including the right to life and liberty during emergency 15
, the case of K.S Puttaswamy( Retd) v Union of India (2017) overruled the decision of the
previous case that, right to life , liber or privacy cannot be suspended during emergency.
From the above discussion, it is clearly seen that the wisdom of all the constitutional laws is
reflected in the Indian constitution. And this traditional borrowing from the other constitutions
has ensured the inclusivity and flexibility which is capable of guiding a diverse country like
India.

4. Mixture of Rigidity and Flexibility

12
Minerva Mills Ltd v Union of India (1980)3 SCC 625: AIR 1980 SC 1789.
13
Durga Das Basu, Introduction to the Constitution of India (24th edn, LexisNexis 2022) 187.
14
M P Jain, Indian Constitutional Law (8th edn, LexisNexis 2018) 356.
15
ADM Jabalpur v Shivkant Shukla (1976) 2 SCC 521.
 8

A rigid Constitution is the one that needs to follow special procedure for its amendment. On
the other hand, a flexible Constitution is the one that can be amended in the same manner as
ordinary laws are made.16
The Indian Constitution is neither rigid nor [Link] Indian Constitution, the amendment
procedure is mentioned in article 368 of the part [Link] amendment is made through the
ratification by the State Legislatures, by the two-third special majority vote of the Union
Parliament,with Simple majority,by mere Presidential Notification.
The related provisions that can be amended through ‘Ratification by the State Legislatures’ are
the distribution of executive and legislative powers between the Union and the States;
representation of the States in Parliament, election of the President,the Supreme Court and the
High Courts; and the Articles relating to amendment of the Constitution itself where it must be
approved by the Legislature of about one-half of the [Link] these the rest of the
constitution can be amended by the ‘Two-third special Majority’ vote by the members of the
Union [Link] in some matter Union Parliament can exercise the power to
amendment through ordinary majority except the matters related to Changes in the
names,areas,boundaries,amalgamation and separation of States,abolition or creation of the
second Chamber of a State Legislature etc.17 ‘Presidential Notification’ is one of the significant
amendment procedures and this applied in determining the ‘Status of Kashmir’ under the article
370.18
In Kesavananda Bharati v. State of Kerala (1973)19 case, rigidity was introduced by limiting
Parliament's power to amend Fundamental Rights.
According to Pandit Nehru,"While we want this Constitution to be as solid and permanent as
we can make it. There is no permanence in Constitutions. There should be certain flexibility.
If you make anything rigid and permanent, you stop the nation's growth, the growth of living,
vital, organic people.”
So when it comes to the point of rigidity it is applied intentionally to ensure that fundamental
principles and the basic structure of the Constitution are not easily changed or violated. 20

16
Constitutional Law of India, salient features of the Indian
Constitution<[Link]
17
Md. Altaf Hossain, Constitutional Law of UK, USA & India, (1st edn, Five Jewel Publication 2012).
18
M. Jashim Ali Chowdhury, Comparative Constitutional Law: Issues, Debates and Stories from the US, UK and
Indian Jurisdictions (1st edn, The Bengal Press 2022).
19
Kesavananda Bharati v. State of Kerala(1973)[W.P.(C) 135 OF 1970] <[Link]
content/uploads/2024/03/Suprme-Court-Judgement_-[Link]>.
20
Aishwarya Agarwal, Indian Constitution is both Rigid and Flexible;(Nov 7, 2023)
<[Link]
 9

5. Republicanism in Indian Constitution

The adoption of Republicanism in India was a significant constitutional decision to remove the
colonial legacies of monarchy and to embrace the ideas of popular sovereignty, constitutional
supremacy, and separation of powers. The term ‘republic' originates from the Latin word res
publica, which means "public affair" and describes a political structure administered by the
people through their representatives rather than a monarch.

5.1. Historical and Philosophical Foundations

India's transition to a republic on January 26, 1950, was a deliberate and symbolic break from
its colonial heritage. Although the Independence Act of 1947 granted India Dominion status
under the British Crown, the Constituent Assembly strongly opposed continuing the British
Monarch as a ceremonial Head of State, a path taken initially by neighbouring countries such
as Pakistan and Sri Lanka.21 Rather, India settled for a democratic, secular, and sovereignty
republic with an elected president as the head of state and a constitution that protects basic
rights and creates checks and balances between the legislative, executive, and judicial
branches.
The decision to adopt a republican structure was also an affirmation of India's ancient traditions
of self-government, as seen in early republics such as the Ganarajyas, but modern Indian
republicanism is based on constitutional morality, inspired by Enlightenment thought, and
dedicated to liberty, equality, and fraternity.22
Indian republicanism is functionally and generally based on:
a. Popular Sovereignty: The Indian Constitution opens with the strong proclamation, "We,
the People of India…," declaring that sovereignty belongs to the people, not any king or
divine figure.
b. Elected Head of State: Articles 52 and 54 outline the position of the President of India—
an elected ceremonial leader who embodies national unity, replacing the hereditary king of
the former colonial system.23

21
Harshan Kumarasingham, A Political Legacy of the British Empire: Power and the Parliamentary System in
Post-Colonial India and Sri Lanka (IB Tauris 2013).
22
'Republicanism in India: From Ancient Ganas to the Contemporary Ganarajya' (Youth Ki Awaaz, 25 January
2021) [Link]
contemporary-ganarajya/ accessed 26 May 2025.
23
Constitution of India 1950, arts 52 and 54.
 10

c. Separation of Powers and Rule of Law: The Republic has three co-equal branches:
Legislature, Executive, and Judiciary, creating a system of checks and balances.
d. Constitutional Supremacy: The Constitution supersedes the Government of India Act
1935. It serves as a foundation for all State organs' credibility.24

Therefore, Indian Republicanism is more than a structural decision; it is a moral commitment

to popular sovereignty that is rooted in both constitutional structure and political culture.

5.2. Comparative Insights: India, USA, UK, and Bangladesh

a. India vs. USA: Both are federal republics with written constitutions. However, the US
President serves both an executive head, whereas India has a legislative system with a titular
head. The Preamble also reflects Indian Republicanism's more explicitly socialist and secular
nature.
b. India vs. UK: The UK is a constitutional monarchy that lacks a written constitution.
Parliament, rather than the people, has sovereignty. India, as a republic, devolved sovereignty
to the people and codified its government system in a written, enforceable constitution.
c. India vs. Bangladesh: Bangladesh adopted republicanism after independence in 1971, but
military coups and constitutional amendments have disrupted the principles. India has
maintained its a republic character through judicial activism and constitutional adaptability.

5.3. Judicial Interpretations & Republicanism

The Indian judiciary has constantly supported the Republican character as part of the
Constitution's basic structure. In Kesavananda Bharati v. State of Kerala,25 the Supreme Court
emphasised that popular sovereignty and an elected head of state are permanent parts of the
Constitution. In Indira Nehru Gandhi v. Shri Raj Narain,26 the Court stated that the Republic
status ensures that no one may claim political authority based on birthright or monarchy,
supporting the Head of State's equality and electoral responsibility.

Indian Republicanism is a purposeful decision based on people's sovereignty, elected

leadership, and constitutional governance. It was a powerful rejection of monarchy and a

24
1980 AIR 1789, 1981 SCR (1) 206.
25
AIR 1973 SUPREME COURT 1461, 1973 4 SCC 225.
26
AIR 1975 SUPREME COURT 2299, 1976 2 SCR 347.
 11

declaration of trust in democracy, equality, and justice. The Indian Republic stands the test of
time by adjusting to change while keeping its founding goals, acting as an example of
postcolonial republican constitutionalism in the global south.

6. Constitutional Socialism in India: Philosophical Roots, Judicial

Interpretation, and Comparative Insights

While the original Constitution of India didn't explicitly include the term "socialist," the
concept of a welfare state was naturally embedded within it. The Directive Principles of State
Policy (Part IV) include strong socialist principles, highlighting objectives such as equitable
economic distribution, elimination of inequality, and safeguarding of marginalised
populations.27 The term "socialist" was officially incorporated into the Preamble by the 42nd
Amendment Act of 1976, in response to an increasing demand for equitable justice.28
Jawaharlal Nehru stated democratic socialism as a system built on political liberty, equality,
and tolerance. Democratic socialism allows for preserving both individual liberty and initiative
while implementing central social control and financial management for everyone. Therefore,
he tried to follow a medium path. He developed a mixed economy system as an alternative for
both opposing systems, including the best qualities of each while rejecting the problematic
elements. It would be a mixture of free private enterprise and state-controlled economics.
Nehru advocated in an active role of the private sector, requiring strong State regulation and
control. India has always prioritised a mixed economy, in which both public and private sectors
play significant roles.29
However, Indian socialism isn't similar to Marxist socialism. It is an unique combination of
Gandhian humanism and Nehruvian democratic socialism, in which private enterprise coexists
with governmental involvement.30 The Constitution proposes a mixed economy model
combining individual liberty with social control to attain equitable goals. 31
Indian courts, specifically the Supreme Court, played a significant role in interpreting and
developing socialism as a guiding constitutional principle. The judiciary highlights that Indian

27
Constitution of India 1950, Part IV, arts 38, 39, 41, 43 and 46.
28
Constitution (Forty-second Amendment) Act 1976, Statement of Objects and Reasons.
[Link]
amendment-act-1976.
29
[Link]
30
Priti Tiwary, ‘‘The Ideology of Socialism in Indian Constitution’’ (2018) 4(1) International Journal of Applied
Research 222.
31
Durga Das Basu, Introduction to the Constitution of India (24th edn, LexisNexis 2022) 121.
 12

socialism does not include governmental control of the means of production, but instead
focusses social justice and equitable resource allocation.32 In Minerva Mills Ltd. v. Union of
India,33 the Court highlighted that the ultimate goal of the Constitution is justice—social,
economic, and political—and that socialism, as included into the Preamble, must be read to
accordance with Fundamental Rights and Directive Principles.
Unlike India and Bangladesh, the United States Constitution fails to provide the socialist
principles, and courts do not enforce socioeconomic rights. The UK framework depends on
legislative legislation and common law principles for welfare programmes; yet, socialism isn't
a fundamental principle. India is unique in its mix of liberal democracy with socialism, where
courts operate as guardians of social justice. Although post-1991 economic reforms have
reduced state control over key industries, constitutional socialism continues to guide judicial
activism, particularly through Article 21 jurisprudence, which has expanded the scope of life
and dignity. However, modern critics call Indian socialism a "socialist tragedy." 34

7. Parliamentary Form of Government

After Independence, India followed the British model which is called the Westminster system.
It is a Parliamentary form of government which originated in the UK. In this system the Prime
Minister and the Cabinet is totally accountable to the parliament. Other hand, the president and
monarch are decorative leaders where the real power lies in the hands of the Prime Minister.
According to Article 75(3) in the Indian Constitution, the Council of Ministers is collectively
responsible to the legislature (Lok sabha/House of people) which is directly elected by the
people. If the government loses trust from the parliament, the government must resign. The
President of India is elected for the Five years and he is a nominal chief of the constitution.35
The real power lies in the Prime Minister and the Council of Ministers. The President has no
power of his own, he shall use his power according to the advice of the Prime Minister.
In Article 163(1), the government will also run with a parliamentary [Link] will be a
Council of Ministers in each state that will be under the leadership of the Chief Minister.

32
MP Jain, Indian Constitutional Law (8th edn, LexisNexis 2018) 1650
[Link] accessed 23 May, 2025.
33
AIR 1980 SC 1789.
34
Matt Kilcoyne, ‘India and the Tragedy of Socialism’ Adam Smith Institute Blog (26 July 2018)
[Link] accessed 25 May, 2025.
35
Indian Constitution 1950, article 56(1).
 13

7.1. The Indian and Bangladesh Constitution Compared

India and Bangladesh both countries are influenced by the UK’s Westminster parliamentary
System. Because of being the majority party’s leader, the executive department is more
stronger for the Prime Minister than the legislature. This has only developed a party but the
institutional power of parliament has decreased.36
The parliamentary form of government Bangladesh constitution is deeply influenced by
Indian’s accountability, Ministerial Responsibility, Cabinet Formation, The Legislative rules
of government and Removal of executive. Article 48, refers to the nominal character of the
President and Article 50 refers to the Term of office of him which is connected to Article 56(1)
of Indian Constitution. Indian Ministerial Responsibility also influences the Bangladesh
Constitution, that is described in Article 55(3). In both constitution the Prime Minister selected
from majority party in Lok Sabha/Parliament.

8. India's "Asymmetric" Federalism

India has many different languages, cultures, and regions, and its government system allows
for special rules in some areas to help manage this diversity. Unlike traditional federal systems
where all states are treated the same, India gives more freedom and special rights to some states
to deal with their unique needs and to reduce regional imbalances. It follows a type of
federalism where the central government is stronger than the states. This system supports
national unity while still allowing states some freedom. It is often called "asymmetric
federalism" because not all states have equal powers. This system was chosen due to India’s
large size and diverse culture. In case of citizenship India gives its people single citizenship,
meaning everyone is just a citizen of India and not of individual states. In contrast, in the United
States, people are citizens of both the country and their state. This single citizenship in India
helps promote national unity and harmony, making people feel more connected to the whole
country rather than just their state.

The Constitution of India splits responsibilities into three main lists:

1. Union List – Things only the central government can make laws on defense, foreign affairs.

36
Political Parties in Parliamentary Democracies: Making delegation and accountability work’ (2000), European
Journal Political Research page 309.
 14

2. State List – Things only state governments can make laws on police, local government.
3. Concurrent List – Topics both central and state governments can make laws on education,
marriage.

If a subject doesn’t appear in any of these three lists, it's called a residual power. According to
Article 248, only the central government can make laws on these subjects. This is different
from the U.S., where such powers often go to the states.

Now according to 37Asymmetric Federalism in India by M. Govinda Rao and Nirvikar Singh
it was shown types of Asymmetries practiced in India are the:
Constitutional Asymmetry (De jure): Legal provisions giving special status or autonomy to
certain states , article 370 for Jammu & Kashmir (Had its own constitution and significant
autonomy). And article 371 for northeastern states (Special provisions to protect tribal customs
and governance). Also, administrative asymmetry (De facto): Differences in how power is
exercised or negotiated in practice, often shaped by political bargaining.

M. Govinda Rao and Nirvikar Singh also explain that fiscal asymmetry is a key part of
managing India's diversity and regional inequality. Richer states often feel disadvantaged; poor
states need more fiscal support. Needed because Central transfers to states are designed to
correct regional imbalances and the Finance Commission plays a key role in addressing Center-
State and State-State imbalances.

There are also some challenges such as managing demands for more autonomy without
weakening national integrity, avoiding perceptions of favoritism or unequal treatment, the need
for cooperative federalism and stronger institutional mechanisms like the Inter-State Council.
Some similar and more controversial back lashes can be seen in by Harihar Bhattacharyya in
38
The Current Challenges to Asymmetric Federalism in India in Comparative Perspective,
where it was discussed about Decline of Constitutional Asymmetry, such as the abrogation
of Article 370 in 2019 which gave Jammu & Kashmir special status, represents a major

37
M. Govinda Rao and Nirvikar Singh, Asymmetric Federalism in India.
38
Harihar Bhattacharyya, The Current Challenges to Asymmetric Federalism in India in Comparative
Perspective.
 15

rollback of constitutional asymmetry. This action signals a shift toward uniformity and
centralization, challenging the federal compromise. Thru out the article Bhattacharyya tried to
convey that India's system of giving special powers to some states is facing a big challenge.
Instead of allowing more freedom and respecting differences among states, the central
government is taking more control. This weakens the idea of working together in a federal
system. To keep the country united and handle its diversity peacefully, India should return to
a system where the Centre and the states cooperate and make decisions together, instead of
reducing the states' freedom.
So it can be said that India’s federal system is unitary in spirit but federal in structure, giving
more strength to the central government while still letting states function independently in
many areas. This helps maintain unity, peace, and effective governance in such a large and
diverse country.

9. Constitutional Supremacy and Judicial Review

The Indian Constitution does not explicitly dictate constitutional supremacy in its Articles. This
is different from the general practice seen in other written and codified constitutions, with
supremacy over the legislature. For example, the US Constitution has an explicit supremacy
clause declaring the Constitution the supreme law of USA. 39 Despite granting the judiciary a
wide range of jurisdictions, the founding fathers of India favoured parliamentary supremacy
over judicial supremacy, influenced by Australian positivism.40 Understandably, the Indian
Constitution has not incorporated an explicit supremacy clause, as such explicit supremacy of
the constitution, in turn, provides a supreme authority to the judiciary. Nevertheless, the
supremacy of the Constitution in India has been firmly established by the intervention of its
Supreme Court. In the words of Bhagwati J, “Every organ of government, be it the executive
or the legislature or the judiciary, derives its authority from the Constitution and it has to act
within the limits of its authority and whether it has done so or not is for the Court to decide.”41

Judicial review is both the sword and the shield of constitutional supremacy. Judicial review is
the Court’s power to declare any executive, judicial or quasi-judicial action and any law or

39
Constitution of the United States, Article VI, Clause 2.
40
Tony George Puthucherril, ‘Balancing the Scales of Justice in India: From Parliamentary Supremacy to
Judicial Supremacy and Back?’ in Richard Devlin and Adam Dodek (eds), Regulating Judges: Beyond
Independence and Accountability, Edward Elgar Publishing Limited 2016.
41
Minerva Mills Ltd. & Ors vs Union of India & Ors, 1980 AIR 1789.
 16

constitutional amendment repugnant to the constitution illegal and unenforceable, as well as

the Court’s power to enforce fundamental rights and the performance of statutory duty.42 The
power of judicial review also denotes the judiciary’s power of interpreting the constitutional
provisions.43 Article 13 (2) of the Indian Constitution prohibits the State from making any law
contradictory to the provisions of fundamental rights. If the legislature does violate such
prohibition, then the law will be void to the extent of its contravention. 44 This gives the
judiciary the power to strike down any law which contradicts the fundamental rights. Article
32 (1) guarantees the right to move to the Supreme Court for enforcement of the fundamental
rights. The Supreme Court may subsequently issue directions, order or writ for the enforcement
of said rights.45 To emphasise the sheer importance of this provision guaranteeing the
enforcement of fundamental rights, Dr. B. R. Ambedkar described it as the “heart of the Indian
Constitution”.46 Judicial review, as a means of keeping the arbitration of the parliament while
amending the Constitution in check, has been established by the gradual development of the
basic structure doctrine.

[Link] Structure Doctrine

Basic structure doctrine is a unique development of the Indian legal system. The idea behind
this doctrine is to limit the legislature’s power of amending the Constitution, lest they should
change the Constitution beyond recognition. The basis of this doctrine is the Supreme Court’s
recognition of the difference between ordinary lawmaking power and amendment power of the
parliament.47 The parliament does not have the same authority as a constituent assembly. So
any change it makes to the Constitution must not contradict the will of the constituent assembly
that had created the Constitution. Ironically, the makers of the Constitution themselves did not
interpret amending powers of the parliament in this manner, as they considered amending
power to be unlimited as long as the procedures, like special majority, were followed. 48

42
M. Jashim Ali Chowdhury, An Introduction to the Constitutional Law of Bangladesh (4th edn, Book Zone
Publication 2023).
43
M. Jashim Ali Chowdhury, Comparative Constitutional Law: Issues, Debates and Stories from the US, UK
and Indian Jurisdictions (1st edn, The Bengal Press 2022).
44
The Constitution of India, Article 13.
45
ibid, Article 32 (2).
46
M. Jashim Ali Chowdhury, Comparative Constitutional Law: Issues, Debates and Stories from the US, UK
and Indian Jurisdictions (1st edn, The Bengal Press 2022).
47
ibid.
48
ibid.
 17

The Court’s position on the amendment of the basic features of the Indian Constitution was not
always the same as today. In fact, the Court dismissed a petition against the 1st amendment, as
the Court considered that the power of amendment constitutionally granted to the parliament
is a constituent power and the judiciary had no authority to intervene in such matters. 49 A
similar position was taken in the 17th Amendment case, where the majority decision of the
bench reaffirmed that the Court will only look into whether the procedure of amendment was
according to Article 368 or not, and will not concern itself with the question of parliament’s
power of amendment.50 However, two judges dissented with this decision, rightly pointing out
the absurdity of concluding that the framers of the Constitution would include fundamental
rights, only to leave them unguarded to the whims of the parliament. 51

The seed of the basic structure doctrine was sown by the dissenting voices in the Sajjan Singh
case, and that seed germinated in the Golaknath case.52 The majority held that Article 368
could not be used to make changes to the fundamental structures of the Constitution and
amendment power is similar to any other legislative power of the parliament with imposed
limitations.53 The Court considered fundamental rights superior to the parliament’s amendment
power, ruling out the parliament’s scope of amending the fundamental rights. 54 This was a
radical change from the original position of the Supreme Court. However, this strict position
would later be shifted to a more flexible one in the most important case in the history of basic
structure doctrine, the Kesavananda Bharati case.55 Unlike the Golaknath case, the Court
imposed a restriction only on amending the basic structures of the Constitution, instead of
putting an outright bar on amendment of fundamental rights.56 Amendments were considered
separate from general legislation. However, it was not equivalent to adopting a new constitution
by changing the fundamental structures of the existing constitution. H R Khanna J stated,
“What, then, is meant by the retention of the old Constitution? It means retaining the basic
structure or framework of the old Constitution.”57 The basic structure doctrine was well and
truly established in the Indian legal system by this case.

49
Shankari Prasad Singh Deo vs Union of India, 1951 AIR 458.
50
Sajjan Singh vs State of Rajasthan, 1965 AIR 845.
51
ibid.
52
I. C. Golaknath & Ors vs State of Punjab & Anr, 1967 AIR 1643.
53
ibid.
54
ibid.
55
Kesavananda Bharati Sripadagalvaru & Ors vs State of Kerala & Anr, 1973 4 SCC 225.
56
ibid.
57
ibid.
 18

A merit of the Indian judiciary is not providing any exhaustive and permanent list of provisions
or features which would be considered as ‘basic structure’. Unlike Article 7B of the
Constitution of Bangladesh, India has no rigid and over-encompassing list of provisions
excluded from the power of amendment. This saves a good portion of the Indian Constitution
from falling into the evil of being a stagnant law stuck in time. Indian judiciary interprets the
constitution to determine whether the provision in question falls under ‘basic structure’ or not.
This leaves enough room for future development of the Indian grundnorm while ensuring that
the parliament does not arbitrarily act like a constituent assembly.

[Link] and Unitary Shape of the Judiciary

Though the nature of the Indian Constitution is federal, the judiciary in India is characterized
by its integrated and unitary shape58. This type of unique feature helps to maintain uniformity
in the legal system across the whole country. The integrated and unitary judiciary means that
India has a single judicial system that applies to both the Union (Centre) and the States. Unlike
in the USA, where federal and state courts operate separately, in India there is one unified
judicial structure. The higher position of the court is Supreme Court, followed by High Courts
in each state (or group of states), and then subordinate courts at the district and lower levels.
Articles 124 to 147 (Chapter IV) of the Indian Constitution deal with the Supreme Court 59,
while Articles 214 to 231 (Chapter V) deal with High Courts60. The subordinate courts are
established under Article 233 to 23761. Nowhere in the Constitution is there a provision for
separate courts for central and state laws. This is evidence of the establishment of a single court
structure.

11.1. Key Features of the Integrated Judiciary

a. Single Hierarchy of Courts:
Supreme Court → High Courts → Subordinate Courts. This ensures uniformity in justice and
interpretation of laws.
b. Court system:

58
M. Jashim Ali Chowdhury, Comparative Constitutional Law: Issues, Debates and Stories from the US, UK
and Indian Jurisdictions (1st edn, The Bengal Press 2022).
59
The Constitution of India, art. (124-147).
60
ibid, art. (214-231).
61
Ibid, art. (233-237).
 19

The judiciary has a single pyramidal structure with the lower or subordinate courts at the
bottom, the High Courts in the middle, and the Supreme Court at the top. For funding and some
administrative purposes, the subordinate courts are subject to regulation by the respective
States. However, they are basically under the supervision of the High Courts. The High Courts
are basically under the regulative powers of the Union, subject to some involvement of the
States in the appointment of judges and other staff and the finances. The Supreme Court is
exclusively under the regulative powers of the Union. Subject to territorial limitations, all
courts can entertain and decide disputes both under the Union and the State, laws. It is said that
the unitary character of the judiciary is not an accident but rather a conscious and deliberate act
of the constitution-makers for whom a single integrated judiciary and uniformity of law were
essential for maintaining the unity of the. country and uniform standards of judicial behaviour
and independence62.

62
M. Jashim Ali Chowdhury, Comparative Constitutional Law: Issues, Debates and Stories from the US, UK
and Indian Jurisdictions (1st edn, The Bengal Press 2022).
 20

63

11.2. Advantages of the Integrated Judiciary

The judiciary is a system of courts that interpret and enforce the rules. The task of the courts
is to determine the cases by deciding the relevant facts and the relevant laws and adding the
relevant facts to the relevant legislation. The Indian Judiciary shall administer a common law
structure in which customs, securities, and regulations shall all codify the law of the country.
It has, in effect, inherited the legacy of the legal system developed by the then colonial
powers and the princely states since the mid-19th century and, in part, has preserved the
characteristics of ancient and medieval traditions. The benefits of a single centralized judicial

63
‘Introduction to Indian Judiciary’ (Byjus) [Link] accessed 28 May
2025.
 21

structure in the country include:

a) If the fundamental right of any person is breached, he or she may appeal to the High Court
or the Supreme Court for justice. In the future, he or she may issue writs for the defense of
the right and verify its infringement.
b) Same law in every part of the country
c) Criminal will be irrespectively equally under the law
d) There is uniform injustice.
e) Prevents conflicting decisions in different states.
f) Citizens across the country are treated equally under the law.
g) Efficient Supervision: High Courts supervise the subordinate courts in their respective states
(Article 227).
i) Centralized Control of Judicial Appointments: Judges of High Courts and Supreme Court
are appointed by the President, ensuring national standards.
The integrated and unitary judiciary in India ensures a consistent and coherent legal system
across the country. It reflects the quasi-federal nature of the Indian Constitution — federal in
structure but unitary in spirit — and plays a crucial role in protecting constitutional values and
fundamental rights across all states.

[Link] and Independence of the Judiciary in India

The doctrine of separation of powers is a core principle in democratic governance. It divides

government responsibilities among three branches: legislature, executive, and judiciary, to
avoid the concentration of power and promote liberty. Although the Indian Constitution does
not enforce strict separation, it ensures functional demarcation and judicial independence.

Montesquieu emphasized that liberty is lost if legislative, executive, and judicial powers are
combined in the same entity. This philosophy influenced many democratic systems, including
India’s. Unlike the United States, where separation is rigid, India follows a parliamentary
system, integrating the legislature and executive while maintaining an autonomous judiciary.

India’s Constitution provides for judicial independence through multiple safeguards. Articles
124 to 147 cover the Supreme Court, while Articles 214 to 231 deal with High Courts. Judges
are appointed by the President in consultation with senior judiciary members. Their tenure is
secured until age 65 (for the Supreme Court) or 62 (for High Courts), and removal is only
 22

possible through parliamentary impeachment. Salaries are charged to the Consolidated Fund
of India, and Parliament cannot discuss judges’ conduct, thereby insulating them from political
influence.64

Despite functional overlap, the judiciary has maintained its independence and effectively
checks the other branches through judicial review and activism. In Kesavananda Bharati v.
State of Kerala, the Supreme Court held that separation of powers is part of the Constitution’s
basic structure and thus cannot be altered by amendments. 65 In Ram Jawaya v. State of Punjab,
the Court observed that while the Indian Constitution does not recognize absolute separation,
it provides sufficient distinction to prevent one organ from usurping another’s functions.66
Another significant ruling was in S.C. Advocates-on-Record Association v. Union of India,
where the Court asserted judicial primacy in the appointment of judges to preserve
independence.67 Further, in Chandra Mohan v. State of U.P., the Court emphasized that
judiciary must be kept free from executive control to protect democratic values. 68 The
judiciary's supervisory authority, exercised through PILs and suo motu actions, reinforces its
role in upholding the rule of law. Absolute separation of powers is neither practical nor
desirable in modern states. The judiciary’s independence, however, is non-negotiable in a
constitutional democracy. As emphasized in Asif Hameed v. State of J&K, each organ must
operate within its constitutional limits and respect the autonomy of others. 69

Thus, the Indian judiciary, while coexisting with the executive and legislature, functions
independently, reinforced by constitutional design and judicial interpretation. The evolving
nature of Indian democracy continues to depend on this balanced yet independent judicial
framework.

[Link] Jurisdiction of the Supreme Court

64 M. Jashim Ali Chowdhury, Comparative Constitutional Law: Issues, Debates and Stories from the US, UK
and Indian Jurisdictions (1st edn, The Bengal Press 2022).
65 AIR 1973 SC 1461.
66 AIR 1955 SC 549.
67 AIR 1994 SC 268.
68 AIR 1966 SC 1987.
69 AIR 1989 SC 1899.
 23

The Constitution of India has a special feature under Article 143, known as the Advisory
Jurisdiction of the Supreme Court.70 It gives the President the power to ask the Supreme Court
for Advice on legal and factual matters that are important to the country. It allows the President
and the Court to collaborate to avoid confusion about serious matters.

The idea came from a law during British rule, called the Government of India Act, 1935.71
Section 213 of the law allowed the British Governor-General to seek help from the Court to
answer legal questions. This concept was refined by the framers of the Indian Constitution. In
the Constituent Assembly, Dr. B.R. Ambedkar said that this would help the President get legal
advice without having to go through a full court case. 72 However, the advice from the Court
would not be binding.

Article 143 has two parts. Article 143(1) states that the President can ask the Supreme Court
about any question that is important to the public. The second part, Article 143(2), is more
specific. It talks about legal problems that may arise from old agreements and treaties made
before the Constitution. Even though the advice is not binding, it still holds importance and is
usually followed.

There have been some major cases where this rule was used. In the Delhi Laws Act case, the
Supreme Court gave its opinion on how much law-making power the Parliament can give to
others.73 In the Keshav Singh case, the Court helped resolve a conflict between the legislative
and judiciary regarding contempt powers.74 Another historic case was Special Reference No. 1
of 1993 (Commonly known as the Ayodhya reference), where the court declined to answer a
politically sensitive question, which shows that the Court also has the discretion to decide
whether or not to give an opinion under Article 143(1). 75

As per Article 74(1), the President’s power to refer a question must be exercised on the advice
of the Council of Ministers. But under Article 74(2), the Court cannot question what that advice
was.76 This keeps the balance between different branches of the Government.

70
Constitution of India, 1950, art 143.
71
Government of India Act 1935, s 213.
72
B.R. Ambedkar, Constituent Assembly Debates, vol 7 (CAD 1948).
73
Re Delhi Laws Act, 1912 AIR 1951 SC 332.
74
In Re Keshav Singh AIR 1965 SC 745.
75
Special Reference No. 1 of 1993 (Ayodhya Reference) AIR 1995 SC 1.
76
Constitution of India, 1950, art 74(1)-(2).
 24

The Constitution of Bangladesh has a similar provision in Article 106, where the President may
refer legal questions to the Supreme Court for advisory opinions.77 However, Article 106 of
Bangladesh limits such references strictly to legal questions, unlike Article 143 of India. Article
106 of the Bangladeshi Constitution excludes matters of fact, making the Indian provision
comparatively more flexible and inclusive.

Recently, in 2025, this Article was used again when the President asked the Supreme Court for
its opinion about delays caused by Governors in giving assent to state laws. 78 It happened after
concerns were raised about the Centre-State relationship. It shows that even in the present
times, the advisory jurisdiction continues to be a significant constitutional safeguard.

[Link] Rights

Fundamental rights are the cornerstone of Indian’s constitutional democracy, ensuring liberty,
equality and justice. They blend classical liberalism with social democracy. It is covered part
III, articles 12 to 32 of the Indian Constitution. The state shall not make any law which takes
away or abridges any of these fundamental rights.

14.1. Right to Equality

Article 14 to 18 deal with right to equality of the Indian Constitution. This ensures equality
before law or equal protection of the laws. There must not be any discrimination between man
on the grounds of the birth of place, race, religion,caste or sex. According to AB Dicey, absence
of arbitrariness is rule of law. In E.P. Royappa vs State of Tamil Nadu Case, the petitioner is
an IAS Officer who had been transferred, but there was no objective satisfaction or legal ground
for transfer. He is arbitrarily transferred and it is a violation of articles 14 & 16. Article 15(3)(4)
& 16 (4) prescribes positive discrimination by which state can make special provision for
women, children, backwards classes of citizens, scheduled castes or tribes.79 Intelligible
differentia is an exception of right to equality. Although all are equal before law , in special
circumstances there are some scope of discrimination if it has legitimate object. In Indra

77
Constitution of the People’s Republic of Bangladesh, 1972, art 106.
78
‘President refers Governor Assent Dispute to SC under Article 143’, Economic Times (India, 14 May 2025).
79
E.P Royappa vs State of Tamil Nadu, AIR 1974 SC 555.
 25

Shawney vs union of India (1993) case80, the Mandal commission suggested 27% reservation
for the backward classes in government jobs. V.P Singh prime minister implemented this
recommendation and it create widespread [Link] was challenged in supreme court. The
court upheld the 27 % reservation under article 16(4). also held that total reservation should
not exceeds 50 %. India has many discriminations regarding religion, caste or tribe. In article
17 which abolished the practice of untouchability.

14.2. Right to Freedom

Right to freedom shall apply to the following right to speech and expression , to assemble
peaceably, to form association, to move freely in territory of India and to practice any
profession, preventive detention which is covered article 19 to 22 of Indian constitution. But
there are some reasonable restriction in case of public interest or public order. It is called
qualified rights . In Romesh Thappar vs State of Madras case, petitioner was a journalist who
published a magazine . The Madras government banned the magazine which is a violation of
freedom of speech. The court ruled in favor of Romesh Thappar. It held that under article 19
(1) it is a fundamental right as the public order was not valid , the ban was unconstitutional.
81
Article 21A deals with right to education . the state shall provide free and compulsory
education to all children of the age of six to fourteen years. Apart from this protection against
arrest and detention in certain cases have also assured to every citizen in article 22 of Indian
constitution.A person arrested must be presented before the nearest magistrate within 24 hours
and can not be detained for more than 24 hours without the magistrate’s permission. In A K
Gopalan vs State of Madraj ( 1950) case, supreme court upheld the detention and declare that
preventive detention under under a valid law is not unconstitutional if it follows the procedure
laid down by law .it gives a narrow interpretation of article 21 then its literal interpretation is
challenged.82 In Menaka Gandhi vs Union of India ( 1978) case, the court held that the
procedure under article 21 must be just ,fair and reasonable. The court moved away from
subjective approach and leaned towards objective satisfaction also allow judicial review of
such detention.83

14.3. Right against exploitation

80
Indra Shawney vs Union of India AIR 1993 SC 477.
81
Romesh Thappar vs State of Madras AIR 1950 SC 124.
82
A K Gopalan vs State of Madraj AIR 1950 SC 27.
83
Menaka Gandhi vs Union of India AIR 1978 SC 597.
 26

Traffic in human beings , forced labour, employment of children below fourteen in factories
etc. have been prohibited(Article 23,2484)
[Link] to freedom of religion : Freedom of conscience , religion worship and preaching. It
includes the freedom to establish and maintain religious institutions. the constitution prohibits
imparting religious instructions in state funded schools and colleges.( article 41)

14.5. Cultural and Educational rights

According to article 29 of the Indian constitution, whether there are any minority groups those
have distinct language , script, or culture of its own they shall have the right to conserve it so
that it never can be extinguish . It prohibits discrimination in admission to any educational
institution maintained or aided by the state on the basis of race, religion , caste or language in
article 30 also states that they have freedom to open institutions to protect their culture 85. In
Azimpur Maternity case, A pregnant woman was seeking treatment in a nursing emergency,
but the hospital, being private, did not provide emergency care. As a result, she died. The court
held that even though the hospital is private, it is obligated to provide treatment.

14.6. Rights to constitutional Remedies

This fundamental right is the key to the entire bill of rights. It provides for the enforcement and
protection of fundamental rights by the court. It empowers supreme court and high court to
issue writs to enforce these rights86.( Article 32)
There are many similarities and dissimilarities between Indian constitution and Bangladesh
Constitution. In Bangladesh, there is no particular article regarding untouchability. In India,
article 21A ensures right to [Link] is added in their constitution in 2002 by 86th
Amendment. On the other hand, education is not a fundamental rights of Bangladesh. It is not
enforceable. Overall, Indian Constitution is more descriptive than Bangladeshi Constitution.

15. Directive Principles of State Policy

The Indian Constitution incorporates a unique feature known as Directive Principles of State
Policy, in Part IV (Articles 36–51). These are guiding principles to ensure social, political and
economic justice which are inspired by Article 45 of the Irish Constitution and Gandhian

84
Md. Altaf Hossain, Constitutional Law of UK, USA & India, (1st edn, Five Jewel Publication 2012) p 452.
85
Constitution of India, Part III, articles 29 & 30.
86
Durga Das Basu, Introduction to the Constitution of India (24th edn, LexisNexis 2022) 121.
 27

Socialism. As B.N Rau, the Constitutional Advisor suggested, these are non-enforceable in a
court of law, unlike fundamental rights due to financial instability and priorities. These
principles should be included as Fundamental Rights over time depending upon the economic
condition of the state as observed in the case- Ashok Kumar Thakur v Union of India (2008)6
SCC.87 K.T. Shah, a member of the constituent assembly doubted the usefulness of these
principles due to lack of enforceability while drafting the constitution. Dr. B.R. Ambedkar
replied that the real force behind these principles is the moral obligation that no government
can deny and termed as a novel feature.88

15.1. Classifications and Implementation

Based on ideological sources these directives have been classified into 'Socialist Principles'
(Like Articles 38, 39, 42—ensuring social justice and workers' welfare), 'Gandhian Principles'
(Like Articles 40, 43, 46—promoting village panchayats and cottage industries), and 'Liberal
and Intellectual Principles' (Like Articles 44, 48A, 50—focusing on a Uniform Civil Code,
environment protection, and judicial independence).89 Some Constitutional Amendments have
been made to incorporate more directive principles like protection of environment, the Right
to education and others under 42th Amendment Act, 1976, 44th Amendment Act, 1978, 73rd
Amendment Act, 1992, 86th Amendment Act, 2002 and 97th Amendment Act, 2011. 90 Other
implementations of these are abolition of intermediaries like zamindars, cooperative farming,
The Contract Labour Regulation and Abolition Act (1970), three tier ‘Panchayati Raj System'
introduced through 73rd Constitutional Amendment Act, 1992, cottage Industries, The
Wildlife (Protection) Act, 1972 etc. Some recent alignments of Directive principles are
National Food Security Act, 2013 and government schemes like Beti Bachao Beti Padhao
(education and gender equality), Swachh Bharat Abhiyan (public health and sanitation) and
others.

15.2. Relationship with Fundamental Rights and Judicial Interpretations

87
ibid.
88
“Directive Principles of State Policy” (Drishti Judiciary) [Link]
constitution-of-india/directive-principles-of-state-Policy.
89
Team NI, “Directive Principles of State Policy (DPSPs): Meaning, Features & More” (NEXT IAS Blog, April
15, 2025) [Link]
90
Paliwala M, “Directive Principles of State Policy: Articles 36 - 51 under Indian Constitution” (iPleaders,
January 11, 2020) [Link]
 28

In the case, State of Madras v. Champakam Dorairajan (1951)91, a conflict between

fundamental rights regarding equality and directive principles advocating special care for
scheduled castes arose. The Supreme Court then abolished the caste-based quota system in
medical colleges of Madras holding that in case of conflict, Fundamental Rights will prevail.
Later, through the first amendment of the Indian constitution, Article 15(4) was included to
promote social justice by allowing special privileges to Scheduled Castes and tribes. The
Supreme Court in MH Qureshi v State of Bihar and Re Kerala Education Bill also held
Directive Principles subsidiary to Fundamental Rights.
92
After this Kesavananda Bharati v. State of Kerala (1973) ruled that the Parliament can
amend any part of the constitution without affecting basic structure doctrine and ensured
balance between Directive Principles and Fundamental Rights. Besides, it abolished absolute
primacy and held that the fundamental rights may be amended to implement directives of state
principles, but cannot be destroyed.
An example is Unnikrishnan v. State of AP (1993) 93where the Right to Education was included
as a part of the Right to Life(Art 21) and led to 86th Amendment adding Article 21A. Again,
94
in Olga Tellis v. Bombay Municipal Corp (1985) , Directive Principles expanded
Fundamental Rights by including the Right to Livelihood under the Right to Life. These are
also examples of progressive interpretations of the court and successful judicial innovations.
95
Golaknath v. the State of Punjab (1967) case upheld that even for implementing Directive
Principles, Fundamental Rights cannot be amended. Later Minerva Mills v. Union of India
(1980) 96challenged the expanded Article 31C (42nd Amendment, 1976) that primarily led to
the use of the word 'socialist' in the Preamble establishing a notable link between principles
and rights. The case struck it down upholding the harmonization of Directive Principles and
Fundamental Rights and abolished absolute primacy of a principle over right. Bhagwati J
opined that if any law is enacted to implement Directive Principles imposes restrictions on
Fundamental Rights then those restrictions should not be nullified deliberately. It was also
upheld in Sanjeev Coke Manufacturing Co v Bharat Coking Coal Ltd case.97

91
State of Madras v Champakam Dorairajan AIR 1951 SC 226.
92
Kesavananda Bharati v State of Kerala (1973) 4 SCC 225.
93
Unnikrishnan JP v State of Andhra Pradesh AIR 1993 SC 2178.
94
Olga Tellis v Bombay Municipal Corporation AIR 1986 SC 180.
95
Golaknath v State of Punjab AIR 1967 SC 1643.
96
Minerva Mills Ltd v Union of India AIR 1980 SC 1789.
97
M. Jashim Ali Chowdhury, Comparative Constitutional Law: Issues, Debates and Stories from the US, UK
and Indian Jurisdictions (1st edn, The Bengal Press 2022).
 29

These directives being regarded as 'conscience of the constitution' by Granville Austin are
successfully paving the way to a welfare state through various policy formations over time.

16. Secularism

Secularism is one of the many foundational principles of the Indian Constitution. It is designed
to ensure equality, harmony and non-discrimination in a religiously diverse society. India is a
secular state not because it does not have any faith, rather because it does not discriminate
among individuals due to their beliefs.
The term “secular” was not included in the 1950 constitution. India did not officialize a
particular religion, instead they committed to common nationhood. The term “secular” was
explicitly added to the Preamble by the 42nd Amendment in 1976, declaring India a “sovereign,
socialist, secular, and democratic republic”.98
Secularism is not only mentioned in the Preamble explicitly, but also the fundamental rights
and directive principles of the Constitution ensure that right to freedom of religion and lets
people acknowledge their faith and practice it. 99

16.1. Secularism in Fundamental Rights and Directive Principles

Article 14 of the Constitution guarantees that every person is equal before the law and the state
is bound by it.100 Article 15 prohibits discrimination based on religion, caste or race. 101 Under
article 16, people of any religion, caste, sex or race has the opportunity in matters of public
employment.102 Articles 25-28 expressly ensure freedom of religion, allow individuals to
practice and propagate any faith, and protect the rights of religious minorities.103 Article 28
prohibits religious instructions in state maintained educational institutions to ensure a person
is not forced to believe in a particular religion.104 Article 29 says that a person cannot be denied
admission into state funded educational institutions on the grounds of religion or caste.105
Article 30 protects the rights of minorities and allows them to establish and administer

98
Constitution of India, Preamble.
99
Constitution of India.
100
ibid, art 14.
101
ibid, art 15.
102
ibid, art 16.
103
ibid, art 25-28.
104
ibid, art 28.
105
ibid, art 29.
 30

educational institutions of their choice. The state is also prohibited from discrimination against
educational institutions while giving aid based on religion.106
Due to concerns about its ambiguity and possible misinterpretation of being anti-religion, the
term “secular” was not included in the Preamble when the Constitution was framed. After the
42nd amendment “secular” was added to the Constitution. Dr. B. R. Ambedkar explained
secularism in the following words: “It (secular state) does not mean that we shall not take into
consideration the religious sentiment of the people. All that a secular State means is that this
Parliament shall not be competent to impose any religion upon the rest of the people. This is
the only limitation that the Constitution recognizes”. 107 The Indian model of secularism is
“equal respect for all religion” which is a blend of Gandhi and Nehru’s view on secularism. In
the Indira Nehru Gandhi v Raj Narain case108, the Supreme Court of India held that held that
secularism means that State shall have no religion of its own and all persons of the country
shall be equally entitled to the freedom of their conscience and have the right freely to profess,
practice and propagate any religion.
It was held by the Indian Supreme Court in Kesavananda Bharati v. State of Kerala109 that
secularism was a part of the basic structure of the Constitution. In another landmark case S.R.
Bommai v. Union of India110 it was held that secularism is a basic structure of the Constitution,
and it cannot be violated.
However, reality is not the same. Due to a large political plot Vishwa Hindu Parishad filed a
case in 1986 claiming the demolition of Babri Mosque and construction of Ram Janmasthan
temple there. Babri mosque was later demolished in 1992 by the extremist followers of BJP, a
political party of India which led to nationwide communal riots. There is a clause in the
Constitution that prohibits slaughter of cow and cattle but many minority communities
especially the Muslims in India earn their livelihood by selling and slaughtering cattle. The
legislative power of regulating the sale and slaughter is vested in the state legislature but they
were not restricted for a long time in most states. But in recent times, state governments have
enacted strict laws making cow slaughtering crime. There have been frequent attacks on
Muslim individuals accused or suspected of slaughtering cows. 111 Gharwapsi, as a

106
ibid, art 30.
107
Arun Kumar Singh, ‘Myth and Reality of Secularism in India: An Analysis’ The NEHU Journal Vol XIX, No
1 (January –June), 2021, pp 74-83 [Link]
June_2021-6_Arun_Singh.pdf accessed 24 May 2025.
108
AIR 1975 SC 2299.
109
AIR 1973 SC 1461.
110
AIR 1994 SC 1918.
111
M. Jashim Ali Chowdhury, Comparative Constitutional Law: Issues, Debates and Stories from the US, UK
and Indian Jurisdictions (1st edn, The Bengal Press 2022) p 53.
 31

controversial mass conversion movement started with the religious chant Jai Shri Ram. But
later it turned into a ‘murder cry’ for minority Muslims.112 Waqf Amendment Act 2025 has
raised doubts on the secular character of the state.113 Many other incidents happened which
were targeted specifically towards Muslims in India.

16.2. Comparison with the constitution of Bangladesh

Secularism was added to the original constitution of Bangladesh in 1972. While there is no
official religion in India, Bangladesh recognizes Islam as a state religion and allows the practice
of any religion freely. Bangladesh has a more ambiguous approach to secularism due to having
dual commitment towards Islam and secularism.

17. Fundamental Duties under the Indian Constitution

For liberal democratic systems, the inclusion of “Fundamental Duties” is quite unusual and
these include a unique trait of the Indian Constitution.114 The fundamental duties were included
upon the recommendations of Swaran Singh Committee, which was formed by Indira Gandhi
shortly after the declaration of national [Link] these were not part of the Indian
Constitution,these were inspired by the Constitution of USSR (present Russia).In the Indian
Constitution,Article 51A deals with the Fundamental Duties, inserted after the Directive
Principles of State Policy. The Article 51A was added by 42nd Amendment,1976 in part IV-
A.115 It contains eleven fundamental duties. These were originally ten in number, the eleventh
one was added by the 86th amendment in 2002116,which added a duty on every parent to
ensure their child was provided opportunities for education. The article states the fundamental
duties as it is the duty of every citizen in India- to abide by the constitution, follow the ideas
that inspired the national struggle for freedom, to uphold and protect the sovereignty, unity,
integrity of india, valuing and preserving nation’s culture, defending public property,protect
and improve natural environment,promoting brotherhood and respecting women’s dignity. 117
The fundamental duties are incorporated as a constant reminder that while the Constitution

112
ibid, p 54.
113
Tauseef Ahmad, Waqf Amendment Act 2025 and its Impact on Muslim Endowments in India (April 13,
2025). Available at SSRN: [Link] or [Link] .
114
M Jashim Ali Chowdhury, An Introduction to the Constitutional Law of Bangladesh (4th Edition, Bookzone
Publication 2023).
115
ibid.
116
ibid.
117
The Constitution of India, Article 51A.
 32

offers certain fundamental rights, it requires the citizens to fulfill certain duties and
responsibilities as well. These duties are applicable to citizens only and do not extend to
foreigners. These establish a balance between individual rights and the responsibilities in the
society. The duties involving brotherhood, unity, protecting the environment, serve as a
unifying force and help to uphold the rich culture and [Link] acts as a warning and
reminder against anti-state activities. These duties help citizens develop a sense of
responsibility, patriotism towards the country and social cohesion among the citizens. The
significance of the fundamental duties lie in the promotion of civic, cultural and educational
consciousness,harmonisation with rights, preservation of national unity and integrity, inducing
moral and ethical values and in the legal and judicial framework. The violation of fundamental
duties will be punishable under law if it is backed by legislative enactments like Prevention of
Insults to National Honour Act 1971, Environment Act, Pollution Act, Forest Act [Link]
also serve as a guide for Courts when determining the constitutionality of law passed by
legislature. In case of failure of fulfillment of these duties and obligations, Parliament by law
will provide penalties. The International instruments like Universal Declaration of Human
Rights and International Covenant on Civil and Political Rights refer to such duties. In the
prominent case, Shri Ranganath Mishra v. Union of India (2003)118, the Supreme Court held
that fundamental duties should be enforced by legal sanctions as well as social sanctions. This
case also reinforced that duties complement Fundamental Rights and Directive Principles of
State Policy. In the landmark case, AIIMS Students Union v. AIIMS (2001),119 The Supreme
Court held that fundamental duties are not any less important than fundamental rights. They
cannot be ignored as duties in part IV A of the Constitution of India. In the landmark case,
Vishaka v. State of Rajasthan(1997)120. The Court held that if the non-observance of a
fundamental right by one citizen can violate another citizen’s fundamental right, the court can
provide remedies. It is applied especially in the factors of gender equality and dignity of
women. If we compare the Indian Constitution with the Constitution of UK and USA, the other
constitutions do not explicitly contain provisions for fundamental duties. Duties derive from
statutes, common law, civic expectations etc. The Indian Constitution upholds the Fundamental
Duties and complements the Fundamental Rights.

18. Conclusion

118
Shri Ranganath Mishra vs. Union of India, AIR 2003 SC 273.
119
A.I.I.M.S Students’ Union vs. All India Institution of Medical Sciences and ORS, 2001 AIR SC 3262.
120
Vishakha and Ors. vs. State of Rajasthan and Ors., AIR 1997 SC 3011.
 33

The Indian Constitution is a monumental legal document tailored to govern the nation. Its
expansive and detailed nature reflects its colonial heritage and the capacity to evolve through
amendments and judicial interpretations. The Constitution is a blend of rigidity and flexibility
in its amendment process and it has allowed it to maintain constitutional stability. The framers
of the Constitution have ensured that the constitution is both inclusive and adaptable, capable
of addressing contemporary challenges when preserving core democratic values by including
features from international constitution models. To show its commitment to
sovereignty,equality and rule of law, India has adopted republicanism and a parliamentary
system. Judicial oversight has further cemented the foundational principles ensuring that the
basic structure of the Constitution - democracy,secularism, republicanism and constitutional
supremacy - remains inviolable. The Constitution not only serves as the supreme law of the
land but also as a guiding principle for the people of India.
 34

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Contributions
1. Samiha Afroz Suzana (23429508004): Mixture of Rigidity and Flexibility