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Key Features of India's Constitution

The document outlines key concepts of the Indian Constitution, including definitions of Sovereign, Socialist, Secular, Democratic, and Republic. It discusses the Directive Principles of State Policy, the Preamble's objectives, and the Right to Equality, along with landmark cases that reinforce these principles. Additionally, it covers significant aspects of Articles 19 and 21, salient features of the Constitution, and the types of writs under Article 32 for enforcing Fundamental Rights.

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0% found this document useful (0 votes)
10 views2 pages

Key Features of India's Constitution

The document outlines key concepts of the Indian Constitution, including definitions of Sovereign, Socialist, Secular, Democratic, and Republic. It discusses the Directive Principles of State Policy, the Preamble's objectives, and the Right to Equality, along with landmark cases that reinforce these principles. Additionally, it covers significant aspects of Articles 19 and 21, salient features of the Constitution, and the types of writs under Article 32 for enforcing Fundamental Rights.

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512pu2neha
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1. Define Sovereign, Socialist, Secular, Democratic, and Republic.

 Sovereign – India is free from external control; has supreme authority internally and
externally.
 Socialist – Commitment to social and economic justice; reduction of inequality;
welfare state (post-42nd Amendment 1976).
 Secular – Equal respect to all religions; no state religion; freedom of religion
guaranteed under Arts. 25–28.
 Democratic – Government by the people, of the people, and for the people; universal
adult suffrage.
 Republic – Head of state is elected (President), not hereditary monarchy.

2. Scope of Directive Principles of State Policy (DPSP).

 Part IV (Arts. 36–51).


 Non-justiciable but fundamental in governance.
 Socialistic principles – welfare state, reduce inequality (Art. 39).
 Gandhian principles – village panchayats, cottage industries (Art. 40, 43).
 Liberal principles – uniform civil code, international peace (Art. 44, 51).
 Helps Parliament/Courts interpret laws (e.g., Kesavananda Bharati, Minerva Mills).

3. Preamble & Objectives.

 Introduction to Constitution; key to its philosophy.


 Objectives:
o Justice (social, economic, political)
o Liberty (thought, expression, belief, faith, worship)
o Equality (status, opportunity)
o Fraternity (unity & integrity of nation)
 Landmark case: Kesavananda Bharati v. State of Kerala – Preamble is part of
Constitution; reflects basic structure.

4. Right to Equality (Arts. 14–18).

 Art. 14 – Equality before law, equal protection of laws.


 Art. 15 – No discrimination on religion, race, caste, sex, place of birth.
 Art. 16 – Equality in public employment.
 Art. 17 – Abolition of untouchability.
 Art. 18 – Abolition of titles.
 Case laws: Indira Sawhney v. Union of India (reservations), E.P. Royappa v. State of
Tamil Nadu (arbitrariness = violation of Art. 14).

Set 2

1. Air India v. Nargesh Meerza (1981).

 Case: Air Hostesses challenged discriminatory service conditions.


 Court held:
o Retirement at 35 years, first pregnancy, or marriage within 4 years
unconstitutional.
o Violation of Art. 14 (equality) & Art. 15 (no discrimination on sex).
 Significance: Gender equality reinforced.

2. Article 19 with Reasonable Restrictions.

 Six freedoms: speech & expression, assembly, association, movement, residence,


profession.
 Reasonable restrictions (Arts. 19(2)–19(6)):

Security of state, public order, morality, sovereignty & integrity of India, defamation,
contempt of court, etc.

 Case: Maneka Gandhi v. Union of India – freedom of movement linked with personal
liberty.

3. Scope of Article 21 (Right to Life & Liberty).

 "No person shall be deprived of his life or personal liberty except according to
procedure established by law."
 Expanded meaning: includes right to livelihood, dignity, privacy, education, clean
environment.
 Case laws:
o Maneka Gandhi v. Union of India – “procedure must be just, fair, reasonable.”
o Olga Tellis v. Bombay Municipal Corp. – Right to livelihood.
o K.S. Puttaswamy v. Union of India – Right to privacy.

1. Constitution & Salient Features.

 Definition – Fundamental law of land; framework for government.


 Salient features of Indian Constitution:
o Longest written Constitution.
o Blend of rigidity & flexibility.
o Federal system with unitary bias.
o Parliamentary democracy.
o Independent judiciary.
o Fundamental Rights & DPSP.
o Secularism, Universal adult suffrage, Single citizenship.

2. Writs under Article 32 (Enforcement of Fundamental Rights).

 Habeas Corpus – produce person unlawfully detained.


 Mandamus – command public authority to perform duty.
 Prohibition – prevents lower court from exceeding jurisdiction.
 Certiorari – quashes illegal order of lower court/tribunal.
 Quo Warranto – questions authority of person holding public office.

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