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Major Features of Indian Constitution

The Constitution of India begins with a Preamble. The Preamble contains the ideals, objectives and
basic principles of the Constitution. The salient features of the Constitution have evolved directly and
indirectly from these objectives, which flow from the Preamble.

Our Constitution has adopted the best features of most of the major constitutions of the world as per
the needs of the country. Though borrowed from almost every constitution in the world, the constitution
of India has several salient features that distinguish it from the constitutions of other countries.

Constitution of India - Major Features

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 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:
o Geographical factors, that is, the vastness of the country and its diversity.
o Historical factors, for instance, the influence of the Government of India Act of 1935,
which was bulky.
o Single constitution for both the Centre and the states.
o 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 their 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) have 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, as for example,
the American Constitution.
 A flexible constitution is one that can be amended in the same manner as the ordinary laws are
made, as for example, the British Constitution.
 The Indian Constitution is a unique example of the 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, single Constitution, appointment of state governor by the
Centre, all-India services, 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:
o Indian Federation is not the result of an agreement by the states.
o 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', '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 the parliamentary laws as 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 the 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, rule of law means the sovereignty of the common man’s collective wisdom.
 Apart from this crucial meaning, rule of law means a few more things like
o There is no room for arbitrariness
o Each individual enjoys some fundamental rights, and
o 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), 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 an 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 is
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:
o The State will not identify itself with or be controlled by any religion;
o While the State guarantees to 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;
o No discrimination will be shown by the State against any person on account of his
religion or faith; and
o The right of every citizen, subject to any general condition, to enter any office under the
state will be equal to that of the 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 the 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
o Emergency caused by war, external aggression or armed rebellion [Aricle 352]
o Emergency arising out of the failure of constitutional machinery in states [Article 356 &
365]
o 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 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 a constitutional status and protection of
cooperative societies.
 In this context, it made the following three changes in the Constitution:
o It made the right to form cooperative societies a fundamental right (Article 19).
o It included a new Directive principle of State Policy on the promotion of cooperative
societies (Article 43-B).
o 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.

Philosophy of Constitution

 On January 22, 1947, the Constituent Assembly adopted the Objectives Resolution drafted by
Jawaharlal Nehru. The Objectives Resolution contained the fundamental propositions of the
Constitution and set forth the political ideas that should guide its deliberations.

The main principles of the resolution were:

 that India is to be an independent, sovereign republic ;

 that it is to be a democratic union with an equal level of self-government in all the constituent
parts;
 that all power and the authority of the Union Government and governments of the constituent
parts are derived from the people;
 that the constitution must strive to obtain and guarantee to the people justice-based upon social,
economic and political equality, of opportunity and equality before the law;
 that there should be freedom of thought, expression, belief, faith, worship, vocation, association
and action;
 that the constitution must provide just rights for minorities, and people from backward and tribal
areas, etc. so that they can be equal participants of social, economic and political justice; and
  To frame a constitution that should secure, for India, a due place in the community of nations.

The philosophy of a Constitution consists of the ideals for which the constitution stands and the policies
that the Constitution enjoins upon the rulers of the Community to follow. The Constitution of India
reflects the impact of our ideology in the following spheres :

(i) Secularism: Secularism is the hallmark of the Indian Constitution. People professing different
religions have the freedom of religious worship of their own choice. All religions have been treated
alike. The fact appreciated in India was that all religions love humanity and uphold the truth. All the
social reformers and political leaders of modern Indian have advocated religious tolerance, religious
freedom and equal respect for all religions. This very principle has been adopted in the Constitution of
India where all religions enjoy equal respect. However, the word 'secularism' was nowhere mentioned
in the Constitution as adopted in 1949. The word 'secularism' has now been added to the Preamble to
the Constitution through the 42nd Amendment passed in 1976.

(ii) Democracy: We have borrowed the modern form of democracy from the West. Under this system,
democracy means the periodic responsibilities of the Government to go to the people. For this purpose;
elections have been held every five-year to elect a Government by the people. However, democracy
covers even the economic and social aspects of life. This aspect of democracy is well-reflected in the
Directive Principles of State Policy. They are aimed at human welfare, co-operation, international
brotherhood and so on.

(iii) Sarvodaya: Sarvodaya refers to the welfare of all. It is different from the welfare of the majority. It
seeks to achieve the welfare of all, without exception. It is referred to as Ram Rajya. The concept of
Sarvodaya was developed by Mahatma Gandhi Acharya Vinoba Bhave and J. Narayan under which
the material, spiritual, moral and mental development of everyone is sought to be achieved. The
Preamble to the Indian Constitution and the Directive Principles of State Policy represent this ideal.

(iv) Socialism: Socialism is not new to India. Vedanta's philosophy has socialism in it. The national
struggle for freedom had this aim also in view. Jawaharlal Nehru referred to himself as a socialist and
republican. Almost all the parties in India profess to promote democratic socialism. These principles are
included in the Directive Principles of State Policy. However, to lay emphasis on this aspect, the word
'socialism' was specifically added to the Preamble to the Constitution through the 42nd Amendment.
(v) Humanism: Humanism is a salient feature of Indian ideology. Indian ideology regards the whole of
humanity as one big family. It believes in resolving international disputes through mutual negotiations.
This is what we find in the Directive Principles of State Policy.

(vi) Decentralization: Decentralization is another aspect of Sarvodaya. Indian has always practised
decentralization through the Panchayat system. Mahatma Gandhi also advocated decentralization. It is
on this account that he is regarded as a philosophical anarchist. We have introduced the Panchayati
Raj system in India to achieve the objective of decentralisation. The concept of cottage industries as
laid down in the Directive Principles of State Policy also refers to decentralization.

(vii) Liberalism: Liberalism does not refer to the Western concept of liberalism. It refers, in the Indian
context, to self-government, secularism, nationalism, economic reforms, constitutional approach,
representative institutions etc. all these concepts were advocated by the modern Indian leaders.

(viii) Mixed Economy: Co-existence is a salient feature of our ideology. Co-existence has manifested
itself through a mixed system of economy. In this system, we have allowed both the private and public
sectors of the economy to work simultaneously. Large scale and essential industries have been put in
the public sector.

(ix) Gandhism: Gandhism represents an ethical and moral India. Gandhi set a new example of fighting
foreign rule through non-violence. He taught the importance of non-violence and truth. He advocated
untouchability, cottage industry, prohibition, adult education and the uplift of villages. He wanted a
society free of exploitation and decentralized in character. All these Gandhian principles have found an
honourable place in the Constitution of India.
 UPSC Civil Services Examination
Political Science & International Relations
Topic: Sources of Indian Constitution – Indian Polity Notes

1. What are the main sources of Indian Constitution?

Indian Constitution has absorbed those features from other nations’ constitutions that suited Indian problems and
aspirations. Constituent Assembly took the best of features from everywhere and made them its own.
The list of countries from where we have borrowed a few features and the details of those are given in the table
below:

[Link] Countries Borrowed Features

1 Government of India Act of 1935  Federal Scheme

 Office of governor
 Judiciary
 Public Service Commissions
 Emergency provisions
 Administrative details

2 Australian Constitution  Concurrent list

 Freedom of trade, commerce and intercourse
 Joint-sitting of the two Houses of Parliament

3 Canadian Constitution  Federation with a strong Centre

 Vesting of residuary powers in the Centre
 Appointment of state governors by the Centre
 Advisory jurisdiction of the Supreme Court

4 Irish Constitution  Directive Principles of State Policy

 Nomination of members to Rajya Sabha
 Method of election of the president

5 Japanese Constitution  Procedure Established by law

 6 Soviet Constitution (USSR)  Fundamental duties
(now, Russia)  Ideal of justice (social, economic and political) in
the Preamble

7 British Constitution  Parliamentary government

 Rule of Law
 Legislative procedure
 Single Citizenship
 Cabinet system
 Prerogative writs
 Parliamentary privileges
 Bicameralism

8 American Constitution  Fundamental rights

 Independence of judiciary
 Judicial review
 Impeachment of the president
 Removal of Supreme Court and High Court judges
 Post of vice-president

9 Weimar Constitution (Germany)  Suspension of Fundamental Rights during

emergency

10 South African Constitution  Procedure for amendment in the Indian Constitution

 Election of members of Rajya Sabha

11 French Constitution  Republic

 Ideals of liberty, equality and fraternity in the
Preamble

2. Is it justified to call Indian Constitution a bag of borrowing?

Indian Constitution is a unique document drafted after a hard work of three years of the constituent
assembly. Though some features of the Indian constitution are borrowed from other nations, it is still
wrong to say that it is a bag of borrowing.
Reasons to not call the Indian Constitution a bag of borrowing are given below:
 There are various provisions borrowed from other nations but they are absorbed in the Indian
Constitution to suit its polity and governance. They are not exactly copied.
 Indian Constitution is the most detailed constitution of the world. Where the American
Constitution has only seven articles, Australian Constitution 128 articles, Indian Constitution
originally consisted of 395 articles which have now increased to 448 articles.
 Indian Constitution is unique in its content and spirit.
 It is drafted considering the historical perspective of Indian Nationalist struggles, the
geographical diversity of India, and its traditional and characteristics which are totally different
from any other nation.
 UPSC Civil Services Examination
Subject – UPSC GS-III
Topic – Direct Action Day
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 and came into effect on 26th January, 1950.

As a part of Indian Polity of IAS Exam, it makes an important section. Hence, this article will talk about
Preamble to the Constitution and provide you with preamble of Indian constitution notes PDF. You can
also read about the Objective Resolution which is, in modified version, reflected in the Preamble of
India.

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Preamble of India - Objective Resolution

In 1946, Objective Resolution was moved by Jawaharlal Nehru, describing constitutional structure. on
1947 (22nd January) it was adopted. It shaped the Constitution of India and its modified version is
reflected in the Preable 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 the pre-independent India into a united states of post-independent India
 To realize residual powers, autonomy on such states as the Constitution of India reflects
 To realize union with the power which will be different than those given to such states
 The people of India to play the source of power and authority of the sovereignty, and the 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, air
according to the justice and law of the civilized nation
 To promote the peace and welfare among the worldly nations.

Preamble of India - Facts for UPSC

Yes, it is a part of the Indian constitution, also emphasized in

Is preamble a part of Indian Constitution?
Kesavananda Bharti Case.
The preamble of India contains tenets highlighted in the Objective
Who wrote the preamble of India?
Resolution drafted by Jawaharlal Nehru in 1946
How many preamble does Indian Only 1 preamble along with 22 parts and 12 schedules and 448
Constitution have? articles, Indian Constitution today exists
Though no particular word has been given more importance than
What is the most important word in the others, however, ‘We, the people of India’ are the words which are
Preamble of India? termed as the most powerful in the Preamble to the Indian
Constitution
Why do we need a Preamble? It gives us a fundamental values and highlights of the Constitution
In which case, did the Supreme Court
In Berubari Case (1960), SC declared Preamble not to be a part of
declare passed a judgement that Preamble
Indian Constitution
is not a part of Indian Constitution?
The hopes and aspiration of the people as well as the ideals before our nation are described in the
preamble in clear cut words. It may be considered as the soul of Constitution. The preamble can be
referred to as the preface which highlights the entire Constitution.

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 Soviet Union (Russia)
Constitution
 Republic and the ideals of liberty, equality and fraternity are borrowed from French Constitution
 Preamble, in itself, has been first introduced through American Constitution

Four Main Ingredients of the Indian Preamble

The source of the Indian Constitution, 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 Indian
Constitution Constitution. The words, ‘We, the People of India’ reflect the same.
The Preamble of India tags India as the sovereign, secular, republic, secular and
Nature of the Indian State
democratic nation
Objective of the Indian Justice, Liberty, Equality and Fraternity are denoted as the objectives of the
Constitution Preamble of India
Adoption Date of the
November 26, 1949 as the date when then the Indian Constitution
Constitution of India

Keywords in the Preamble of the Indian Constitution

There are some important keywords in the Preamble of India like:

1. Sovereign
2. Socialist
3. Secular
4. Democratic
5. Republic
6. Justice
7. Liberty
8. Equality
9. Fraternity

Aspirants can read the below-mentioned articles related to Indian Constitution:

 Important Articles in Indian
Overview of Indian Constitution Sources of Indian Constitution
Constitution
Important Amendments in Indian Types of Writs in Indian
Constituent Assembly of India
Constitution Constitution

UPSC Preparation:

UPSC 2020 UPSC 2020 Calendar

Documents Required for UPSC Exam Language Papers in UPSC - Tips to Study
UPSC Admit Card 2020 IAS Eligibility Criteria
Preamble Decoded: Notes for UPSC Polity
The Constitution of India is one of the most detailed in the world. To help simplify the details of it
we have decoded the preamble in this article.

The information taken from this article will be useful in the Indian Polity segment of the IAS
Exam.

Sovereign Republic
The Preamble begins with the words, "We, the people of India....", thus clearly indicating the
source of all authority under the Constitution. The Preamble establishes the ultimate sovereignty
of the people of India on whose authority the Constitution rests. It points out that the
Constitution of India has been ordained by the people of India through their representatives in
the Constituent Assembly.

In the present times, the term 'sovereignty' may be losing rigid connotations of "supreme and
absolute power acknowledging no superior" -no modern state can be considered sovereign in
that sense. However, through the words of the Preamble, what is sought to be established is the
oneness of the people of India (not the people of different states but of one nation), that the
sovereignty vests in the collectivity, and the that the people of India are not subordinate to any
external authority. With the enactment of the Constitution India was no longer a 'dominion' it was
a 'republic'.

India is a republic in that sense. From January 26, 1950, when the Constitution commenced,
India ceased to owe allegiance to the British crown. India has a President as head of the Union,
elected indirectly for a fixed term by the people's representatives. All citizens are equal in law,
there is no privileged class, and every citizen has the right to try for any public office irrespective
of caste, race, sex or religion.

Despite declaring itself a republic India remained a member of the Commonwealth of Nations.
Indeed the group of nations accommodated India's status as a sovereign independent republic
owing no allegiance to the British Crown: the 'British Commonwealth of Nations' became simply
'Commonwealth of Nations'. The king or Queen would be the 'symbolic' head of the
Commonwealth as far as India was concerned, and the decisions at the conferences of the
Commonwealth will not be binding on Indians. India's conduct would be based on 'free will'. The
decision to remain in the Commonwealth was in keeping with the idea of promoting international
cooperation and peace - a concept expressed in our Constitution.

Democracy
The term 'democracy' has assumed different connotations for different people. But common to
all forms of democracies in the participation of the people directly or indirectly. India has
adopted the representative parliamentary democracy. The Constitution makes no provision for
direct control by the people through such devices as 'referendum' and 'initiative'. However, the
people of India exercise their sovereigns through a Parliament at the Centre and a legislature in
each State elected on the basis of universal adult franchise. The Executive is responsible for the
popular house of the Legislature. Beyond political democracy, the Preamble also envisages
social and economic democracy. Equality in the political sphere gives each adult citizen the
power to vote freely. Equality must also pervade society and economic conditions, as far as
possible. Dr Ambedkar considered social and economic democracy to be the real goals to strive
for.

Jawaharlal Nehru too felt that political structure would weaken and disintegrate if
socio-economic problems like abjure poverty and gross inequalities are not tackled and
removed. A vote, after all, does not mean much to a starving person. It is in this context that the
Preamble speaks of justice, equality, liberty and fraternity.

Justice

The Preamble speaks of social, economic and political justice. The concept of justice goes
beyond its narrow legal connotation. Significantly the words 'social' and 'economic occur before
the word 'political​1​.

Social justice implies that discrimination on the basis of birth, caste, race, sex or religion should
cease. To that end, all citizens should enjoy equal opportunities in the matter of public
appointment. It is the good of all people that the Government must strive to achieve. The
concept of a welfare state as envisaged in the Directive Principles is an embodiment of
guidelines for ensuring the social justice expected in the Preamble.

Economic justice implies that the gap between the rich and the poor is bridged, and the
exploitation ceases. Removal of poverty is to be achieved not by taking away assets from those
who have but by ensuring a more equitable distribution of national wealth ana​1​ resources
among those who contribute to its creation. This the Directive Principles call upon the state to
try and secure ownership and control over resources to subserve the common good, reduce the
concentration of wealth, ensure equal pay for equal work, and see that people, especially
women and children, are not abused or forced by economic want into work unsuitable for their
age or strength.

Political justice implies that all citizens should have an equal opportunity to participate in the
political system. One person-one vote is ensured irrespective not only of caste, sex or religion
but also of proprietary or educational qualifications. It is the basis of the political democracy
envisaged in the Constitution.
Liberty

Democracy is closely connected with the idea of liberty; certain minimal rights must be enjoyed
by every person in a community for a free and civilized existence. These basic rights are spelt
out by the Preamble as freedom of thought, expression, belief, faith and worship. The chapter
on Fundamental Rights guarantees this freedom explicitly, subject to certain regulations; after
all, liberty is not to degenerate into licence if democracy is to survive.

Equality

Rights have no meaning if they cannot be enjoyed equally by all members of the community. To
ensure that it is possible for all to enjoy these rights, social and economic equality is sought to
be achieved. The Fundamental Rights enjoin the State not to discriminate between citizen and
citizen simply on the basis of caste, race, sex or religion. Public places are open to all citizens,
titles of honour stand abolished, untouchability is abolished, among

other things. The rule of law is to prevail: all citizens are equal before the law and enjoy equal
protection of the laws of the land. Political equality is provided by the principle of universal adult
franchise and by allowing, at least in principle, any citizen the opportunity to participate in the
process of governance. Economically, the same ability and work entitle persons to the same
salary. The exploitation of an individual or group is to be removed.

Fraternity

A democratic system would function in a healthy manner only if there is a spirit of brotherhood,
of oneness, among the people of the land. India being a land of immense diversity is all the
more in need of this spirit of unity - the sense of belonging to one nation. The principle of
common citizenship is directed towards strengthening this sense of 'unity and integrity' of the
nation. Fraternity is also sought to be promoted by ensuring equal rights to all. Fraternity, said
DR. Ambedkar, "is the principle which gives unity and solidarity to social life". It is the feeling
that will protect the unity of India against external attack or disintegration through internal unrest
born of social, political and economic causes.

Fraternity, however, is not possible unless the dignity of each individual is preserved and
respected. Maintaining this dignity requires the guarantee of certain minimal justiciable rights to
each individual. The ensure that an individual is free from want and misery - without which
freedom, ideas of self-respect and dignity are meaningless- the Directive Principles have been
framed calling upon the State to form its policies to benefit all citizens equally in the matter of
providing adequate means of livelihood. The State is also asked to provide just and humane
conditions of work and create conditions in which a decent standard of life and full enjoyment of
leisure and social and cultural opportunities become possible for all the people of this land. It is
in keeping with the principle of individual dignity that the practice of untouchability has been
abolished by the Constitution. In the context of fraternity, it may also be mentioned that India's
Constitution goes beyond national boundaries, and speaks of the ideal of universal brotherhood,
an international fraternity with all nations and peoples coexisting in peace and amity.

Socialism

While the original Constitution did not mention any particular ideology, it did give expression to
the resolve of securing the citizen's economic justice and equality of opportunity. This is the
essence of socialism. The word 'socialist' was introduced in the Preamble by the 42​nd
Amendment. The term, however, is not defined in the Constitution. It may be pointed out that
the socialism envisaged in India does not mean the abolition of private property or
nationalization of all means of production. Thus a 'mixed economy' was envisaged, along with
the provision of equal opportunity, the abolition of vested interests, and the elimination of
inequality in income and status and standards of living. In the present context of economic
liberalization, however, the socialist credentials of our State may well be questioned.

Secularism

The term 'secular' was inserted in the Preamble only in 1976, but the state envisaged by the
Constitution was always a secular state - it could not have been otherwise in a country of such
vast size and diversity of culture and religions. Indeed, the fraternity and unity of the country
could be built only on a secular basis. It may be relevant to point out in this context that the
western concept of secularism implying strict state neutrality in matters of religion cannot be
practised in India with its pluralistic society. State intervention can become necessary to lawfully
regulate or remove pernicious or exploitative practices in the name of religion. However, in the
present socio-politics situation in the country, even those who could be expected to behave in a
responsible manner are not above exploiting religious sentiments for selfish and short-term
political interests.

The term 'secular', has not been defined in the Constitution but its operative meaning may be
drawn from the different provisions of the Constitution. Discrimination on the basis of religion is
forbidden to the State. Equality is assured to all irrespective of religion. Freedom of faith, belief
and worship is allowed to all. The State is to be impartial towards all religions. Furthermore, the
state does not uphold any particular religion as the state religion but protects all regions equally.
 Important Amendments in Indian Constitution
How many amendments are there in the Indian Constitution? There are 106 amendment acts as of
September 2023 that are made in the Indian Constitution over time. All these amendments have brought
significant changes in the course of Indian Polity. The topic, 'Important Amendments in Indian
Constitution,' comes under the GS-II syllabus of the IAS Exam. Get the list of major amendments to the
Indian Constitution in this article.

List of Major Amendments of the Indian Constitution for UPSC

Important amendments brought in the Indian Constitution are mentioned below (Amendment of Indian
Constitution):

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 order
• 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.
Since the 42nd Amendment Act is the most comprehensive amendment of the Indian
42nd Amendment
Constitution, called the ‘Mini-Constitution,’ candidates can read about it in detail in the
Act, 1976
linked article.
It is also one of the important amendments in the Indian Constitution, enacted by the Janata
44th Amendment
Government. Candidates can read about the 44th Amendment Act in detail in the linked
Act, 1978
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.

UPSC Questions related to Important Amendments in the Indian

Constitution
Q. What is the latest amendment in the Indian Constitution?
Ans. 105th Amendment Act of 2021 brought the latest amendment in the Constitution of India. The Constitution
(One Hundred and Fifth Amendment) Act, 2021 is designed to clarify that the states can maintain the “state list”
of OBCs.

Q. How many amendments are there in Indian Constitution?

Ans. As of October 2021, there have been 105 amendments to the Constitution of India since it was first enacted
in 1950.

Q. What is the 122nd amendment bill to the Indian Constitution?

Ans. The 122nd Amendment introduced Goods and Service Tax.
Q. What is the procedure for amending the Indian Constitution?
Ans. The amendment procedure varies depending on the types of changes required in the Indian Constitution.

Q. How is the Indian Constitution amended?

Ans. 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. After duly passed by both the Houses of Parliament and
ratified by the state legislatures, where necessary, the bill is presented to the President for assent.

Q. What is the 86th amendment of the constitution?

Ans. The Eighty-sixth Amendment of the Constitution of India, provides Right to Education for the age of six to
fourteen years and Early childhood care until the age of six.

Q. Which provision given below can be amended by a simple majority of the parliament?

1. Election of President & its manner

2. Fundamental Rights
3. Representation of states in Parliament
4. Citizenship-Acquisition/Termination

Answer: 4

Q. The process of amendment of the Indian Constitution is taken from which of the following countries?

1. Japan
2. Britain
3. South Africa
4. USA

Answer: 3

Q. Which of the following Constitutional Amendment Act amended the age of voting from 21 to 18?

1. 7th
2. 9th
3. 61st
4. 86th

Answer: 3

Q. In which Constitutional Amendment Act, Sikkim was made an associate-State with Indian Union?

1. 35th Amendment Act 1974

2. 43rd Amendment Act 1977
3. 56th Amendment Act 1987
4. 57th Amendment Act 1987

Answer: 1

Q. Which article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
 1. Article 19
2. Article 21
3. Article 25
4. Article 29

Answer: 2

Q. Which of the following is true about the 42nd Constitutional Amendment Act, 1976?

1. Precedence to directive principles over fundamental rights

2. Fundamental duties are included
3. Constitutional amendment should not be questioned in any court
4. All of the above

Answer: 4
 25 Important Supreme Court Judgements for UPSC
25 Most Important Supreme Court Judgements

Case Relevance

A.K. Gopalan Case SC contented that there was no violation of Fundamental Rights enshrined in
(1950) Articles 13, 19, 21 and 22 under the provisions of the Preventive Detention Act, if
the detention was as per the procedure established by law. Here, the SC took a
narrow view of Article 21.

Shankari Prasad Case This case dealt with the amendability of Fundamental Rights (the First
(1951) Amendment’s validity was challenged). The SC contended that the Parliament’s
power to amend under Article 368 also includes the power to amend the
Fundamental Rights guaranteed in Part III of the Constitution.

Berubari Union case This case was regarding the Parliament’s power to transfer the territory of Berubai
(1960) to Pakistan. The Supreme Court examined Article 3 in detail and held that the
Parliament cannot make laws under this article in order to execute the Nehru-
Noon agreement. Hence, the 9th Amendment Act was passed to enforce the
agreement.

Golaknath case (1967) The questions in this case were whether amendment is a law; and whether
Fundamental Rights can be amended or not. SC contented that Fundamental
Rights are not amenable to the Parliamentary restriction as stated in Article 13,
and that to amend the Fundamental rights a new Constituent Assembly would be
required. Also stated that Article 368 gives the procedure to amend the
Constitution but does not confer on Parliament the power to amend the
Constitution.

Kesavananda Bharati This judgement defined the basic structure of the Constitution. The SC held that
case (1973) although no part of the Constitution, including Fundamental Rights, was beyond
the Parliament’s amending power, the “basic structure of the Constitution could
not be abrogated even by a constitutional amendment.” This is the basis in Indian
law in which the judiciary can strike down any amendment passed by Parliament
that is in conflict with the basic structure of the Constitution.

Indira Nehru Gandhi The SC applied the theory of basic structure and struck down Clause(4) of article
v. Raj Narain case 329-A, which was inserted by the 39th Amendment in 1975 on the grounds that it
(1975) was beyond the Parliament’s amending power as it destroyed the Constitution’s
 basic features.

Maneka Gandhi A main issue in this case was whether the right to go abroad is a part of the Right
case (1978) to Personal Liberty under Article 21. The SC held that it is included in the Right to
Personal Liberty. The SC also ruled that the mere existence of an enabling law
was not enough to restrain personal liberty. Such a law must also be “just, fair and
reasonable.”

Minerva Mills case This case again strengthens the Basic Structure doctrine. The judgement struck
(1980) down 2 changes made to the Constitution by the 42nd Amendment Act 1976,
declaring them to be violative of the basic structure. The judgement makes it clear
that the Constitution, and not the Parliament is supreme.

Waman Rao Case The SC again reiterated the Basic Structure doctrine. It also drew a line of
(1981) demarcation as April 24th, 1973 i.e., the date of the Kesavananda Bharati
judgement, and held that it should not be applied retrospectively to reopen the
validity of any amendment to the Constitution which took place prior to that date.

Shah Bano Begum Milestone case for Muslim women’s fight for rights. The SC upheld the right to
case (1985) alimony for a Muslim woman and said that the Code of Criminal Procedure, 1973
is applicable to all citizens irrespective of their religion. This set off a political
controversy and the government of the day overturned this judgement by passing
the Muslim Women (Protection on Divorce Act), 1986, according to which
alimony need be given only during the iddat period (in tune with the Muslim
personal law).

MC Mehta and Union This case dealt with 3 issues: Scope of Article 32; rule of Absolute Liability or
Of India (1986) Rylands vs Fletcher to be followed; issue of compensation. SC held that its power
under Article 32 is not restricted to preventive measures, but also remedial
measures when rights are violated. It also held that in the case of industries
engaged in hazardous or inherently dangerous activities, Absolute Liability was to
be followed. Finally, it also said that the amount of compensation must be
correlated to the magnitude and capacity of the industry so that it will be a
deterrent.

Indra Sawhney and SC examined the scope and extent of Article 16(4), which provides for the
Union of India (1992) reservation of jobs in favour of backward classes. It upheld the constitutional
validity of 27% reservation for the OBCs with certain conditions (like creamy
layer exclusion, no reservation in promotion, total reserved quota should not
exceed 50%, etc.)
S. R. Bommai case In this judgement, the SC tried to curb the blatant misuse of Article 356 (regarding
(1994) the imposition of President’s Rule on states).

Vishaka and State of This case dealt with sexual harassment at the workplace. In the judgement, the SC
Rajasthan (1997) gave a set of guidelines for employers – as well as other responsible persons or
institutions – to immediately ensure the prevention of sexual harassment. These
are called ‘Vishaka Guidelines’. These were to be considered law until appropriate
legislation was enacted.

Samatha and State of This judgement nullified all mining leases granted by the Andhra Pradesh State
Andhra Pradesh government in the Scheduled areas and asked it to stop all mining operations. It
(1997) declared that forest land, tribal land, and government land in scheduled areas
could not be leased to private companies or non-tribal for industrial operations.
Such activity is only permissible to a government undertaking and tribal people.

Lily Thomas v Union Here, the SC held that the second marriage of a Hindu man without divorcing the
of India (2000) first wife, even if the man had converted to Islam, is void unless the first marriage
had been dissolved according to the Hindu Marriage Act.

I.R Coelho and State This judgement held that if a law is included in the 9th Schedule of the Indian
of Tamil Nadu 2007 Constitution, it can still be examined and confronted in court. The 9th Schedule of
the Indian Constitution contains a list of acts and laws which cannot be challenged
in a court of law. The Waman Rao ruling ensured that acts and laws mentioned in
the IX schedule till 24 April 1973, shall not be changed or challenged, but any
attempt to amend or add more acts to that schedule will suffer close inspection and
examination by the judiciary system.

Pedophilia case (2011) The SC restored the conviction and sentence of 6-year (RI) rigorous imprisonment
imposed on 2 UK nationals who were acquitted by the Bombay High Court in a
paedophilia case. The court said that “the sexual abuse of children is one of the
most heinous crimes.”

Aruna Shanbaug The SC ruled that individuals had a right to die with dignity, allowing
Case (2011) passive euthanasia with guidelines. The need to reform India’s laws on euthanasia
was triggered by the tragic case of Aruna Shanbaug who lay in a vegetative state
(blind, paralysed and deaf) for 42 years.

NOTA judgement This judgement introduced the NOTA (None-Of-The-Above) option for Indian
(2013) voters.

Lily Thomas and The SC ruled that any MLA, MLC or MP who was found guilty of a crime and
Union Of India (2013) given a minimum of 2 year imprisonment would cease to be a member of the
House with immediate effect.

Nirbhaya Case (2014) Introduction of the Criminal Law (Amendment) Act, 2013 and definition of rape
under the Protection of Children from Sexual Offences Act, 2012, the Indian
Evidence Act, 1872, Indian Penal Code, 1860 and Code of Criminal Procedures,
1973.

National Legal This case resulted in the recognition of transgender persons as a third gender. The
Services Authority SC also instructed the government to treat them as minorities and expand the
and Union of India reservations in education, jobs, education, etc.
(2014)

Triple Talaq The SC outlawed the backward practice of instant ‘triple talaq’, which permitted
Judgement (2016) Muslim men to unilaterally end their marriages by uttering the word “talaq” three
times without making any provision for maintenance or alimony. Read about
the Triple Talaq Bill, 2019.

Right To Privacy The SC declared the right to privacy as a Fundamental Right protected under the
(2017) Indian Constitution.

Repealing Section 377 The SC ruled that Section 377 was unconstitutional “in so far as it criminalises
(2018) consensual sexual conduct between adults of the same sex.”

L Chandra Kumar The SC ruled that the power of judicial review vested in the Supreme Court and
Case (1997) High Courts by Articles 32 and 226 respectively is a part of the basic structure of
the Constitution.

Puttuswamy Case This SC judgement protects individual rights against the invasion of one’s privacy.
(2017)

Habeas Corpus Case A much-criticised judgement of the SC, in which the majority ruling went against
(1976) individual freedom and seemed to favour the state. Justice Khanna’s dissent is also
well-known.

Romesh Thapar Case Here, the SC held that the freedom of speech and expression includes freedom of
(1950) propagation of ideas that can only be ensured by circulation.

What are the landmark Judgements?

Landmark judgements are those that set a precedent in law, or determine a major new legal principle or judicial
concept or affects the interpretation of the existing law in a significant manner.

Is the Supreme Court decision final in India?

The SC is the highest judicial court in India and the final court of appeal under the Indian Constitution, and the
highest constitutional court, with the power of judicial review. A binding decision of the SC can be reviewed in a
Review Petition. The parties aggrieved on any order of the Court on any apparent error can file a review petition.
Taking into account the principle of stare decisis, the SC does not generally unsettle a decision, in the absence of
a strong case.

Is the Supreme Court more powerful than Parliament?

The SC has to work on the basis of laws made by the Parliament. But, the SC can also annul a law framed by the
Parliament if the law violates the Constitution. The Parliament can amend the Constitution also but again, that is
subject to the Basic Structure doctrine.

Who was the first woman chief justice of India?

The first female justice in the SC was Fatima Beevi appointed on 6 October 1989.
There are 22 official languages in India and they are covered under the 8th schedule of the
Indian Constitution. Schedules in the constitution are important for aspirants to learn for IAS
Exam ([Link] and 8th schedule is one of these. This article will discuss
the topic, ‘8th schedule of Indian Constitution,’ which is an important one from UPSC Polity
syllabus.

To complement your preparation for UPSC 2023 ([Link]

2023/), check the following links:

UPSC Previous Year Question Papers ([Link]

question-paper/)

Current Affairs ([Link]

UPSC Notes PDF ([Link]

IAS Mock Tests ([Link]

Indian Polity Notes ([Link]

preparation/ncert-notes/)

Articles related to 8th Schedule of Indian Constitution

There are a total of 12 Schedules in the Indian Constitution ([Link]
prep/schedules-indian-constitution/) and each one is important. The Constitutional provisions
relating to the 8th Schedule are in articles 344(1) and 351 of the Indian Constitution:

8th Schedule of Indian Constitution and the Articles related to it

Art Committee and Commission of Parliament on official language

icl
e
34
4

Art establishment of a Commission by the President on the expiration of 5 years from

icl the commencement of the Constitution and afterwards at the expiration of 10
e years from such commencement
34 It should comprise of a Chairman and other members representing the various
4(1 languages specified in the 8th Schedule to make recommendations to the
) President for the dynamic use of Hindi for official purposes of the Government of
India.
 Art The duty of the Union to encourage the spread of the Hindi language to advance it so
icl that it may serve as a medium of communication for all the components of the
e composite culture of India and to safeguard its enhancement by integrating without
351 interfering with its genius, style and expressions used in Hindustani and in the other
languages of India specified in the 8th Schedule, and by drawing, anywhere essential
or required, for its terminology, mainly, on Sanskrit and secondarily on other languages.

To read more important articles in the Indian Constitution ([Link]

prep/important-articles-in-constitution-india/), follow the linked article.

Schedule 8 of the Indian Constitution – 22 Official Languages

Initially, there were 14 official languages. Now, there are 22 official languages in the 8th schedule
of the Indian constitution. Check the list of languages below:

Language Spoken in Indian State of Year of Recognition

Assamese Assam 1950

Bengali West Bengal 1950

Gujarati Gujarat 1950

Hindi North India 1950

Kashmiri Jammu & Kashmir 1950

Kannada Karnataka 1950

Malayalam Kerala 1950

Marathi Maharashtra 1950

Odia Odisha 1950

Punjabi Punjab 1950

Sanskrit Karnataka (Shivamogga District) 1950

Tamil Tamil Nadu 1950

Telugu Andhra Pradesh, Telangana 1950

 Urdu Jammu & Kashmir, Telangana and Uttar Pradesh 1950

Sindhi Rajasthan, Gujarat and Madhya Pradesh 1967

Konkani Goa 1992

Manipuri Manipur 1992

Nepali Sikkim, Assam, Arunachal Pradesh 1992

Bodo Assam and Meghalaya 2004

Dogri Jammu and Himachal Pradesh 2004

Maithili Bihar and Jharkhand 2004

Santhali West Bengal, Jharkhand and Odisha 2004

For more details on the scheduled languages in India, aspirants can refer to the Indian Ministry
of Home Affairs’ Department of Official Language Website
([Link]

Special Directives
The Constitution of India ([Link]
contains certain special directives to protect the interests of linguistic minorities and to
promote the development of Hindi language. The provisions are as followings:

1. Every aggrieved person has the right to submit a representation for the redress of any
grievance to any officer or authority of the Union or a state in of the languages used in the
Union or in the state, as the case may be. This means that a representation cannot be rejected
on the ground that it is not an official language.

2. Every stat and a local authority in the state should provide adequate facilities for instruction
in the mother-tongue at the primary stage of education to children belonging to linguistic
minority groups. The president can issue necessary directions for this purposes.

3. The president ([Link] should be appointed a special

officer for linguistic minorities to investigate all matters relating to the constitutional safeguards
for linguistic minorities and to report to him. The president should place all such reports before
the Parliament and send to the stare government concerned.
Classical Language Status
In 2004, the government of India decided to create new category of languages called as
“classical languages”. In 2006, it laid down the criteria for conferring the classical
language status. The criteria is as follows:

A language must have its early texts recorded history over a period of 1500-2000 years

A body of ancient literature/texts which is considered a valuable heritage by generation

of speakers and a literary tradition that is original and not borrowed from another speech
community.

So far, as of 2016, six languages have been granted classical language status. Tamil was the
first language granted in 2004 while Odia was the latest to be conferred classical language
status in 2014.

Once a language is declared classical, it gets financial assistance for setting up a centre of
excellence for the study of that language and also opens up an avenue for two major awards
for scholars of eminence.

Conclusion

Learning about 22 languages that are officially a part of the Indian Constitution is important for
UPSC 2023 aspirants. You should know about the year of recognition and the chronology of the
languages under the 8th schedule of the Indian Constitution so as to answer questions asked in
UPSC Prelims.

Aspirants reading, ‘8th Schedule of the Indian Constitution,’ can also read similar Polity topics
linked in the table below:

7th Schedule of Indian Constitution 10th Schedule of Indian Constitution

([Link] ([Link]
schedule-indian-constitution/) role-of-speaker-10th-schedule-upsc-notes/)

73rd Amendment Act of 1992 Important Amendments of the Indian Constitution

([Link] ([Link]
day-in-history-apr24/) in-indian-constitution-for-upsc/)

Sources of Indian Constitution Directive Principles of State Policy

([Link] ([Link]
prep/sources-of-indian-constitution/) principles-of-state-policy/)

Preamble to the Indian Constitution 42nd Constitutional Amendment Act

([Link] ([Link]
prep/preamble/) amendment-act/)
Frequently Asked Questions on 8th Schedule of Indian
Constitution

Q1 Q 1. What is the 8th Schedule of the Indian Constitution?

Ans. The 8th Schedule of the Indian Constitution deals with the official languages in India. 22
official languages have been mentioned in the Indian Constitution.

Q2 Q 2. Why English is not included in the 8th Schedule of the Indian Constitution?

Ans. The Eighth Schedule to the Constitution of India lists the official languages of the
Republic of India and English is not one of them. At the time of writing the Constitution of
India, there were only 14 languages mentioned in the 8th schedule. The others were added
through various amendments and English was never one of them.

Q3 How many official languages are in India?

There are a total of 121 languages and 270 mother tongues. The 22 languages specified in
the Eighth Schedule to the Constitution of India are given in Part A and languages other
than those specified in the Eighth Schedule (numbering 99) are given in Part B.

Q4 Why India has no national language?

As per the Constitution of India, there is no National Language of India. After independence,
the Constitution makers had a problem of selecting a national language which can unite a
country because there were more than 1,600 languages spoken in different parts of the
country.

UPSC Preparation:

India Year Book – 5 Things to Know UPSC 2023 Calendar ([Link]

([Link] ias-prep/upsc-calendar-2023/)
every-upsc-aspirant-should-know-about-
india-year-book/)

Documents Required for UPSC Exam Language Papers in UPSC – Tips to Study
([Link] ([Link]
prep/documents-required-for-upsc- tackle-compulsory-indian-language-paper-
exam/) in-upsc-mains/)

UPSC Admit Card ([Link] IAS Eligibility Criteria ([Link]

ias-prep/upsc-admit-card/) ias-prep/eligibility-criteria-for-upsc-exam/)
 Parts of the Indian Constitution [UPSC Polity Notes]
The Constitution of India, its Parts, Schedules, and Articles are very important topics for the UPSC exam. It
is a crucial part of the polity section of the UPSC syllabus. IAS aspirants must be aware of the Parts of the
Indian Constitution and the corresponding Articles as well if they are to clear the IAS exam. In this article,
you can learn about the Parts of the Indian Constitution.

Parts of the Indian Constitution

The Indian Constitution has 25 Parts and 12 Schedules which encompass 448 Articles. The Constitution of
India was adopted by the Constituent Assembly on 26 November 1949 and then came into force on 26
January 1950.

The original Constitution had 395 Articles in 22 Parts and 8 Schedules. Later, four more Parts, four more
Schedules and more Articles were added (1 Part was later repealed). Also, there have been 104
Amendments to the Indian Constitution (as of January 2020).

For more on the Indian Constitution and related topics, please check the links in the table below.

Constitution of India Types of Amendments in Indian Constitution

Important Amendments of Indian Constitution Sources of Indian Constitution

Preamble to the Indian Constitution 12 Schedules of the Indian Constitution

Important Articles of Indian Constitution Historical Background of Indian Constitution

Important Acts in India Constituent Assembly Debates

The following table gives the Parts of the Indian Constitution.

Part Subject Matter Articles

I The Union and its territory 1–4

II Citizenship 5 – 11

III Fundamental Rights 12 – 35

IV Directive Principles of State Policy 36 – 51

The Union Government 52 – 151

V
Chapter I – The Executive 52 – 78
 Chapter II – Parliament 79 – 122

Chapter III – Legislative Powers of President 123

Chapter IV – The Union Judiciary 124 – 147

Chapter V – Comptroller and Auditor-General of

148 – 151
India

The State Governments 152 – 237

Chapter I – General 152

Chapter II – The Executive 153 – 167

VI Chapter III – The State Legislature 168 – 212

Chapter IV – Legislative Powers of Governor 213

Chapter V – The High Courts 214 – 232

Chapter VI – Subordinate Courts 233 – 237

Repealed by the Constitution (7th Amendment) Act, Article 238 omitted due to the
VII
1956 reorganisation of states

VIII The Union Territories 239 – 242

IX The Panchayats 243 – 243-O

IX-A The Municipalities 243-P – 243-ZG

IX-B The Co-operative Societies 243-ZH – 243-ZT

X The Scheduled and Tribal Areas 244 – 244-A

XI Relations between the Union and the States 245 – 263

Chapter I – Legislative Relations 245 – 255

XII
Chapter II – Administrative Relations 256 – 263
 Finance, Property, Contracts and Suits 264 – 300-A

Trade, Commerce and Intercourse within the

XIII 301 – 307
Territory of India

XIV Services under the Union and the States 308 – 323

Chapter I – Services 308 – 314

XIV-
Chapter II – Public Service Commissions 315 to 323
A
Tribunals 323-A – 323-B

XV Elections 324 – 329-A

XVI Special Provisions relating to Certain Classes 330 – 342

Official Language 343 to 351

Chapter I – Language of the Union 343 – 344

Chapter II – Regional Languages 345 – 347

XVII
Chapter III – Language of the Supreme Court, High
348 – 349
Courts, and so on

Chapter IV – Special Directives 350 – 351

XVIII Emergency Provisions 352 – 360

XIX Miscellaneous 361 – 367

XX Amendment of the Constitution 368

XXI Temporary, Transitional and Special Provisions 369 – 392

Short title, Commencement, Authoritative Text in

XXII 393 – 395
Hindi and Repeals

You can read more on Part XXI of the Constitution in the link.
Parts added by Amendments
Three Parts were added to the Constitution which had 22 Parts at its commencement. Currently, there are
25 Parts to the Indian Constitution.

 Part IV-A was added by the 42nd Amendment (1976) to the Constitution. This Part deals with
the Fundamental Duties.
 Part XIV-A was also added by the 42nd Amendment. This Part contains articles on Tribunals.
 Part IX-A was added by the 74th Amendment Act (1992). This Part deals with Municipalities.
 Part IX-B was added by the 97th Amendment Act (2011) and deals with the co-operative societies.
 Part VII (dealing with Part – B states) was deleted by the 7th Amendment Act (1956).
The Union and its Territory: Part I (Articles 1- 4)
[Link]/union-and-its-territory

What does the constitution speak about the union i.e., India and its territories? Let us
examine in detail.

Part I of Indian Constitution is titled The Union and its Territory. It includes articles from 1-
4. Part I is a compilation of laws pertaining to the constitution of India as a country and
the union of states that it is made of.

This part of the constitution contains the law in the establishment, renaming, merging or
altering the borders of the states. Articles under Part I were invoked when West
Bengal was renamed, and for formation of relatively new states such
as Jharkhand,Chattisgarh or Telengana.

Table of Contents

Article 1 : Name and territory of the Union

Article 2 : Admission or establishment of new States
Article 2a : Sikkim to be associated with the Union {…}
Article 3 : Formation of new States and alteration of areas, boundaries or names of
existing States
Article 4 : Laws made under articles 2 and 3 to provide for the amendment of the
First and the Fourth Schedule and supplemental, incidental and consequential
matters
Info-bits related to Part I : The Union and the territory (Articles 1- 4)
IAS/IPS/IFS Smart Preparation Strategy: FREE Mentorship – Register Now!

Article 1 : Name and territory of the Union

(1) India, that is Bharat, shall be a Union of States.

(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territory of India shall comprise –
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.

Article 2 : Admission or establishment of new States

Parliament may by law admit into the Union, or establish, new States on such terms and
conditions as it thinks fit.
Article 2a : Sikkim to be associated with the Union
{…}

Article 3 : Formation of new States and alteration of areas, boundaries

or names of existing States

Parliament may by law –

(a) form a new State by separation of territory from any State or by uniting two or more
States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
Provided that no Bill for the purpose shall be introduced in either House of Parliament
except on the recommendation of the President and unless, where the proposal
contained in the Bill affects the area, boundaries or name of any of the States, the Bill has
been referred by the President to the Legislature of that State for expressing its views
thereon within such period as may be specified in the reference or within such further
period as the President may allow and the period so specified or allowed has expired.

Explanation I: In this article, in clauses (a) to (e), “State” includes a Union territory, but in
the proviso, “State” does not include a Union territory.
Explanation II: The power conferred on Parliament by clause (a) includes the power to
form a new State or Union territory by uniting a part of any other State or Union territory to
any other State of Union territory.

Article 4 : Laws made under articles 2 and 3 to provide for the

amendment of the First and the Fourth Schedule and supplemental,
incidental and consequential matters

(1) Any law referred to in article 2 or article 3 shall contain such provisions for the
amendment of the First Schedule and the Fourth Schedule as may be necessary to give
effect to the provisions of the law and may also contain such supplemental, incidental
and consequential provisions (including provisions as to representation in Parliament and
in the Legislature or Legislatures of the State or States affected by such law) as
Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be in amendment of this Constitution for
the purposes of article 368.

Info-bits related to Part I : The Union and the territory (Articles 1- 4)

1. Article under which Sikkim was made part of Indian Union : Article 2a.
2. Article under which Telangana was made part of Indian Union : Article 3.
 3. Article 3 original provision was amended by Constitution (fifth amendment) Act,
1955 on 24 December 1955.
4. No where under Part I, it is mentioned that India is a federal state. It rather uses the
phrase “Union of States”.

5. Territorial Waters vs International Waters

The territorial waters and the exclusive economic zones shall also become part of
the states or union territories in the absence of any listing of them separately in
Schedule 1 and 4 of the constitution.

6. An economic zone (EEZ) is a seazone prescribed by the United Nations Convention

on the Law of the Sea over which a state has special rights over the exploration and
use of marine resources, including energy production from water and wind. It
stretches from the baseline out to 200 nautical miles (370 km) from its coast.
7. The difference between the territorial sea and the exclusive economic zone is that
the first confers full sovereignty over the waters, whereas the second is merely a
“sovereign right” which refers to the coastal state’s rights below the surface of the
sea. The surface waters, as can be seen in the map, are international waters.
8. The constitution (40th amendment) act, 1976, substituted a new Article 297 so as
to vest in Union of India all lands, minerals, and other things of value underlying the
ocean within the territorial waters or continental shelf or exclusive economic zone
of India.
9. The territorial waters, continental shelf, exclusive economic zone and other maritime
zones act, 1976 was enacted by the Indian government to notify the sovereign rights
on these areas for dealings with other countries.
10. However, it is not clear whether states are debarred from imposing taxes or royalty
on the minerals extracted from the territorial waters and the exclusive economic
zone (which are still under states jurisdiction) as per serial no. 50 of state list in
seventh schedule of the constitution.
11. For creation or destruction of a state the permission from the concerned state is
not mandatory under Indian Constitution. But the bill has to referred to the
concerned state legislature for expressing its views.
12. Prior recommendation of the President of India is necessary for the state
creation/renaming bill. (Article 3). No such provision is mandatory under Article 2
(new states).
 Citizenship in India
Citizenship is the status of a person recognized under law as being a legal member of a sovereign state or
belonging to a nation. In India, Articles 5 – 11 of the Constitution deals with the concept of citizenship. The
term citizenship entails the enjoyment of full membership of any State in which a citizen has civil and political
rights.

This is a very important concept to be understood and read for the IAS exam polity and governance
segments. With the recent Citizenship Amendment Bill in the news, the topic of citizenship assumes all the
more importance.

First, we discuss all the articles in the Indian Constitution pertaining to citizenship.

Article 5: Citizenship at the commencement of the Constitution

This article talks about citizenship for people at the commencement of the Constitution, i.e., on November
26th, 1949. Under this, citizenship is conferred upon those persons who have their domicile in Indian
territory and –

1. Who was born in Indian territory; or

2. Whose either parent was born in Indian territory; or
3. Who has ordinarily been a resident of India for not less than 5 years immediately preceding the
commencement of the Constitution.

Article 6: Citizenship of certain persons who have migrated from

Pakistan
Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of
the Constitution if –

1.
1. He or either of his parents or any of his grandparents was born in India as given in the
Government of India Act of 1935; and
2. (a) in case such a person has migrated before July 19th, 1948 and has been ordinarily
resident in India since his migration, or

(b) in case such as a person has migrated after July 19th, 1948 and he has been registered as a citizen of
India by an officer appointed in that behalf by the government of the Dominion of India on an application
made by him thereof to such an officer before the commencement of the Constitution, provided that no
person shall be so registered unless he has been resident in India for at least 6 months immediately
preceding the date of his application.
Article 7: Citizenship of certain migrants to Pakistan
This article deals with the rights of people who had migrated to Pakistan after March 1, 1947, but
subsequently returned to India.

Article 8: Citizenship of certain persons of Indian origin residing

outside India
This article deals with the rights of people of Indian origin residing outside India for purposes of employment,
marriage, and education.

Article 9
People voluntarily acquiring citizenship of a foreign country will not be citizens of India.

Article 10
Any person who is considered a citizen of India under any of the provisions of this Part shall continue to be
citizens and will also be subject to any law made by the Parliament.

Article 11: Parliament to regulate the right of citizenship by law

The Parliament has the right to make any provision concerning the acquisition and termination of citizenship
and any other matter relating to citizenship.

Citizenship of India constitutional provisions

 Citizenship in India is governed by Articles 5 – 11 (Part II) of the Constitution.
 The Citizenship Act, 1955 is the legislation dealing with citizenship. This has been amended by the
Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship
(Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.
 Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not jus soli
(citizenship by right of birth within the territory).

Citizenship Act, 1955

Citizenship of India can be acquired in the following ways:

1. Citizenship at the commencement of the Constitution

2. Citizenship by birth
3. Citizenship by descent
4. Citizenship by registration
5. Citizenship by naturalization
 6. By incorporation of territory (by the Government of India)

 People who were domiciled in India as on 26th November 1949 automatically became citizens of
India by virtue of citizenship at the commencement of the Constitution.
 Persons who were born in India on or after 26th January 1950 but before 1st July 1987 are Indian
citizens.
 A person born after 1st July 1987 is an Indian citizen if either of the parents was a citizen of India at
the time of birth.
 Persons born after 3rd December 2004 are Indian citizens if both parents are Indian citizens or if one
parent is an Indian citizen and the other is not an illegal migrant at the time of birth.
 Citizenship by birth is not applicable for children of foreign diplomatic personnel and those of enemy
aliens.

Termination of Indian Citizenship

Termination of citizenship is possible in three ways according to the Act:

1. Renunciation: If any citizen of India who is also a national of another country renounces his Indian
citizenship through a declaration in the prescribed manner, he ceases to be an Indian citizen. When
a male person ceases to be a citizen of India, every minor child of his also ceases to be a citizen of
India. However, such a child may within one year after attaining full age become an Indian citizen by
making a declaration of his intention to resume Indian citizenship.
2. Termination: Indian citizenship can be terminated if a citizen knowingly or voluntarily adopts the
citizenship of any foreign country.
3. Deprivation: The government of India can deprive a person of his citizenship in some cases. But
this is not applicable for all citizens. It is applicable only in the case of citizens who have acquired the
citizenship by registration, naturalization, or only by Article 5 Clause (c) (which is citizenship at
commencement for a domicile in India and who has ordinarily been a resident of India for not less
than 5 years immediately preceding the commencement of the Constitution).

Persons of Indian Origin (PIO) Card

A person would be eligible for the PIO card if he:

1. Is a person of Indian origin and is a citizen of any country except Pakistan, Sri Lanka, Nepal,
Bangladesh, Bhutan, China or Afghanistan, or
2. Has held an Indian passport at any other time or is the spouse of a citizen of India or a person of
Indian origin.

PIO cardholders can enter India with the multiple entry feature for fifteen years. They do not need a separate
visa.
Overseas Citizen of India (OCI) Card
 OCI Card is for foreign nationals who were eligible for Indian citizenship on 26th January 1950 or
was an Indian citizen on or after that date.
 Citizens of Pakistan and Bangladesh are not eligible for OCI Card. An OCI cardholder does not have
voting rights.
 OCI is not dual citizenship. OCI cardholders are not Indian citizens.
 The OCI Card is a multipurpose, multiple entry lifelong visa for visiting India.
 Persons with OCI Cards have equal rights as NRIs in terms of financial, educational, and economic
matters. But they cannot acquire agricultural land in India.
Relevant Links

UPSC Mains General Studies Paper-II Strategy, Topic-Wise General Studies Paper – 2 Questions
Syllabus & Structure for UPSC Mains

Previous Years Constitution Questions in UPSC Mains Previous Years Polity Questions in UPSC Mains
General Studies Paper – 2 General Studies Paper – 2

Frequently Asked Questions related to Indian Citizenship

How can I get Indian citizenship?

Indian citizenship can be acquired by birth, descent, registration and naturalization. The conditions and
procedure for acquisition of Indian citizenship is as per the provision of the Citizenship Act, 1955. Citizenship
of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in
India for 12 years (throughout the period of twelve months immediately preceding the date of application and
for 11 years in the aggregate in the 14 years preceding the twelve months) and other qualifications as
specified in Third Schedule to the Act.

What are the types of citizenship in India?

According to the Ministry of Home Affairs, there are four ways in which Indian citizenship can be acquired:
birth, descent, registration and naturalisation. The provisions are listed under sections 3, 4, 5(1) and 5(4) of
the Citizenship Act, 1955.

Does India allow dual citizenship?

The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country
simultaneously. Based on the recommendation of the High-Level committee on Indian Diaspora, the
Government of India decided to grant Overseas Citizenship of India (OCI).
Is NRC bill passed in India?
The National Register of Citizens (NRC) is a register of all Indian citizens whose creation is mandated by the
2003 amendment of the Citizenship Act, 1955. Its purpose is to document all the legal citizens of India so
that the illegal immigrants can be identified and deported.
 Fundamental Rights - Articles 12-35 (Part III of Indian Constitution)
Articles 12-35 of the Indian Constitution deal with Fundamental Rights. These human rights are
conferred upon the citizens of India and the Constitution tells that these rights are inviolable. Right to
Life, Right to Dignity, Right to Education, etc. all come under one of the six main fundamental rights.

Fundamental rights are a very important topic in the polity section of the UPSC exam. It is a basic static
portion of the syllabus but it is highly dynamic in the sense that it is featured in the daily news in some
form or the other. Hence, it is highly important for the IAS exam. In this article, you can read all about
this topic from the IAS exam perspective and download the fundamental rights UPSC notes from the
link above.

Fundamental Rights Latest News

In October 2023, a five-judge Constitution Bench of the Supreme Court unanimously declined to
recognise same-sex marriages. The Bench also declined to permit 'civil unions' for same-sex couples.
All the judges of the Bench, although in favour of civil unions, ruled that there is no fundamental
right to marry under the Indian Constitution.

In this article, you can read all about the 6 fundamental rights of India:

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies

The significance and list of fundamental rights of India for the UPSC exam are also given in the article.

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?

Note: The right to property is now a legal right and not a fundamental right.

6 Fundamental Rights of India

In this section, we list the fundamental rights of India and briefly describe each of them.

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.
Aspirants can read more about the Right to Equality in the linked article.

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

Read more on the Right to Freedom in the linked article.

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.

Aspirants can find the details on Right to Life (Article 21), in the linked article.

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.

Read more on the Right against Exploitation in the linked article.

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.

Read more on the Right to Freedom of Religion in the linked article.

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.

Read more on Cultural and Educational Rights in the linked article.

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.

Read more on the Right to Constitutional Remedies (Article 32) in the linked article.

All civil services exam aspirants must go through the features of the Fundamental Rights discussed
further below in this article.

Features of Fundamental Rights

• Fundamental rights are different from ordinary legal rights in the manner in which they are
enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC
bypassing the lower courts. He or she should first approach the lower courts.
• Some of the fundamental rights are available to all citizens while the rest are for all persons
(citizens and foreigners).
• Fundamental rights are not absolute rights. They have reasonable restrictions, which means they
are subject to the conditions of state security, public morality and decency and friendly relations
with foreign countries.
• They are justiciable, implying they are enforceable by courts. People can approach the SC
directly in case of violation of fundamental rights.
• Fundamental rights can be amended by the Parliament by a constitutional amendment but only if
the amendment does not alter the basic structure of the Constitution.
• The Fundamental Rights of the Indian Constitution can be suspended during a national
emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.
• The application of fundamental rights can be restricted in an area that has been placed under
martial law or military rule.

Also, in the news:

• Conjugal Rights
• Right to be Forgotten
Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights in the Indian constitution that are available only to
citizens (and not to foreigners):

1. Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article
15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of freedom of: (Article 19)
o Speech and expression
o Association
o Assembly
o Movement
o Residence
o Profession
4. Protection of the culture, language and script of minorities (Article 29).
5. Right of minorities to establish and administer educational institutions (Article 30).

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the country. They are
essential for safeguarding the people’s interests.

According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an
express provision for judicial review. The SC and the High Courts can declare any law unconstitutional
on the grounds that it is violative of fundamental rights. Article 13 talks about not just laws, but also
ordinances, orders, regulations, notifications, etc.

Amendability of Fundamental Rights

• Any changes to fundamental rights require a constitutional amendment that should be passed by
both the Houses of Parliament. The amendment bill should be passed by a special majority of
Parliament.
o Read about the types of majorities in the Indian Parliament in the linked article.
• As per the Constitution, Article 13(2) states that no laws can be made that take away
fundamental rights.
• The question is whether a constitutional amendment act can be termed law or not.
• In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part
of the Constitution including fundamental rights.
• But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it
said that the fundamental rights cannot be amended.
 • In 1973, a landmark judgement ensued in the Kesavananda Bharati case, where the SC held
that although no part of the Constitution, including Fundamental Rights, was beyond the
Parliament’s amending power, the “basic structure of the Constitution could not be abrogated
even by a constitutional amendment.”
• This is the basis in Indian law in which the judiciary can strike down any amendment passed by
Parliament that is in conflict with the basic structure of the Constitution.
• In 1981, the Supreme Court reiterated the Basic Structure doctrine.
• It also drew a line of demarcation as April 24th, 1973 i.e., the date of the Kesavananda Bharati
judgement, and held that it should not be applied retrospectively to reopen the validity of any
amendment to the Constitution which took place prior to that date.

Aspirants can learn more about 25 important SC judgements for UPSC in the linked article.

Doctrine of Severability

This is a doctrine that protects the fundamental rights enshrined in the Constitution.

• It is also known as the Doctrine of Separability.

• It is mentioned in Article 13, according to which all laws that were enforced in India before the
commencement of the Constitution, inconsistent with the provisions of fundamental rights shall
to the extent of that inconsistency be void.
• This implies that only the parts of the statute that are inconsistent shall be deemed void and not
the whole statute. Only those provisions which are inconsistent with fundamental rights shall be
void.

Doctrine of Eclipse

• This doctrine states that any law that violates fundamental rights is not null or void ab initio, but
is only non-enforceable, i.e., it is not dead but inactive.
• This implies that whenever a fundamental right (which was violated by the law) is struck down,
the law becomes active again (is revived).
• Another point to note is that the doctrine of eclipse applies only to pre-constitutional laws (laws
that were enacted before the Constitution came into force) and not to post-constitutional laws.
• This means that any post-constitutional law which is violative of a fundamental right is void ab
initio.

Aspirants can also get details about the IAS Topper and take inspiration from their preparation strategy
and excel in the upcoming UPSC CSE.
Fundamental Rights and Duties Difference

Fundamental Rights are the rights available to the people of this country, while Fundamental Duties are
the obligations on the part of the citizens. Fundamental Duties were added to the Indian Constitution by
the 42nd Constitution Amendment Act 1976 by the Indira Gandhi Government.

Fundamental rights and duties are two important concepts of the Indian Constitution. While fundamental
rights are the entitlements that individuals possess by virtue of being citizens of a particular country,
fundamental duties are the responsibilities that citizens have towards their country and fellow citizens.
Here are some key differences between the two:

1. Nature: Fundamental rights are legal rights that are enshrined in the constitution of a country.
These rights are meant to protect the interests of individuals and provide them with a sense of
security and equality. On the other hand, fundamental duties are moral and ethical obligations
expected of citizens towards their country and fellow citizens.
2. Enforcement: Fundamental rights are enforceable through the courts of law. If an individual's
fundamental rights are violated, they can seek legal recourse and the courts can provide
appropriate remedies. However, fundamental duties are not enforceable in the same way. While
citizens are expected to fulfil their fundamental duties, there are no legal sanctions if they fail to
do so.
3. Goal: The focus of fundamental rights is on protecting the interests of individuals and ensuring
their well-being. Fundamental duties, on the other hand, are focused on promoting the collective
good and ensuring that citizens contribute to the welfare of their country.

Check => Difference between fundamental rights and fundamental duties

Conclusion

Knowing how many fundamental rights are there in the Indian Constitution is a must for an IAS
aspirant. The list of fundamental rights given above will be helpful for the candidates in their UPSC
preparation. Also, aspirants should know the difference between human rights and fundamental rights.
The basic difference between human rights and fundamental rights is the scope of acceptance. While
fundamental rights have scope within a country, human rights are accepted worldwide.

Fundamental Rights is a GS 2 topic. To practise UPSC Mains GS 2 Answer Writing, check the linked
article now!

This constitutes an integral part of the UPSC Syllabus for the Polity section and candidates must
carefully analyse the same as questions based on the same can be asked in the prelims as well as the
mains examination.
UPSC Questions Related to Fundamental Rights

Q. What are the 7 fundamental rights?

Ans. There were 7 fundamental rights in the Constitution. Currently, there are only six as the ‘Right to
Property’ was removed as a fundamental right. It is now only a legal right. The list of fundamental rights
are:
• Right to equality
• Right to freedom
• Right against exploitation
• Right to freedom of religion
• Cultural and educational rights
• Right to constitutional remedies

Q. What are the 11 fundamental duties?

Ans. There are 11 fundamental duties. They are described in the article linked below: For more details
on Fundamental Duties, visit the linked article.

Q. What is Article 51A?

Ans. Article 51A gives the list of fundamental duties prescribed for every Indian citizen.

Q. Which is the most important fundamental right?

Ans. The Right to Constitutional Remedies is considered to be the most important fundamental right
because it ensures the protection of our fundamental rights.

Q. When was Doctrine of Eclipse introduced?

Ans. The first case where traces of the origin of this doctrine can be found is Keshava Madhavan Menon
v State of Bombay. In this case, the appellant had a case against himself under the Indian Press
(Emergency Powers) Act, 1931 with regards to a pamphlet published in 1949.
 > Vajiram Home

Home > UPSC Polity Notes > Fundamental Rights

Fundamental Rights – Articles 12 to 35 of the Indian

Constitution
Fundamental Rights: The rights that are enshrined in Part III (Article 12-35) of the Constitution are referred to
as "Fundamental Rights”. They are also referred to as the “Magna Carta of Indian Constitution".

By Vajiram Editor - Nov 2, 2025, 11:51 IST English  Share

Table of Contents ☰

The Constitution of India enshrines Fundamental Rights for its citizens in Part III of the Constitution.
These rights, referred to as the "Magna Carta of India," are categorised into six groups - Right to Equality,
Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Cultural and
Educational Rights, and Constitutional Remedies. Inspired by the Bill of Rights of the American
Constitution, these legally enforceable rights safeguard individual liberties and provide freedoms against
the state's authoritarian rule, serving as the foundation for India's democratic system. Indian judiciary
protects these Fundamental Rights if there is a violation of these rights by executive as well as legislative
actions. Moreover, the Fundamental rights are referred to as the “Conscience of the
Constitution”.
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Features of Fundamental Rights
Fundamental rights are the minimum basic requirements constitutionally guaranteed by the state. Some
of the features of fundamental rights as enshrined in the Indian Constitution are as follows:

Inspiration:
◦ The American Bill of Rights and the French Declaration of the Rights of Man and the
Citizen heavily influenced the incorporation of Fundamental Rights in the Indian Constitution.

◦ The ideas of European political thinkers like John Locke, Rousseau, and Montesquieu, who
advocated for individual liberties and natural rights, also inspired the Fundamental Rights.

◦ Justiciable and enforceable: Citizens can move the Supreme Court and other courts for the
enforcement of Fundamental Rights. There are two different mechanisms for the enforcement
of Fundamental Rights:
◦ Judicial Review: The court's power to review public sector bodies' actions in terms of legal
and constitutional appropriateness.
◦ Article 13 explicitly provides for the doctrine of judicial review by stating that all laws
that are inconsistent with or in derogation of any of the fundamental rights shall be
void

◦ Writs: Orders issued by higher courts to lower courts or a public authority commanding the
performance of a particular act. Both these remedies operate through Article 32.

Applicability: Some of the Fundamental Rights are available only to the citizens (Articles 15, 16, 19,
29 and 30), while others are available to all persons, whether citizens, foreigners or legal persons like
corporations or companies.

Meaning of the state: Article 12 of Part III of the Indian Constitution defines the term "state" for the
Constitution.
◦ It includes the Government and Parliament of India, State governments, local authorities, and
other authorities, such as statutory and non-statutory bodies.

Six Fundamental Rights of the Indian

Constitution
The original Constitution of 1950 included seven Fundamental Rights. However, the 44th Constitutional
Amendment in 1978 reduced this number to six by removing the Right to Property (Article 31).

Right to Equality (Article 14 -18)

The Right to Equality ensures that all individuals, irrespective of their background,have
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rights and
opportunities to develop their skills, and talents, and pursue their ambitions.
 Equality before law (Article 14): This article guarantees that the state shall not deny any person
equality before the law and the equal protection of the laws within India.
◦ This article implies the supremacy of the rule of law, the principle of natural justice, the doctrine
of Anti Arbitrariness, and the inclusion of both positive and negative rights.

Prohibition of discrimination on certain grounds (Article 15): The state cannot discriminate against
citizens based on their religion, race, caste, sex, or place of birth. It ensures that no citizen shall be
subjected to any disability, liability, or restriction on these grounds.
◦ Every Indian citizen has equal access to shops, restaurants, public entertainment venues, and
the use of wells, tanks, and roads.

◦ However, the state can make special provisions (affirmative actions) or concessions for women
and children.

Equality of opportunity in public employment (Article 16): This article guarantees equal opportunity
for all citizens in public employment.
◦ It prohibits discrimination against a citizen in respect of employment or office under the state
based on religion, race, caste, descent, place of birth, residence, or any combination of these
factors.

◦ However, the state can make provisions for the reservation of appointments or posts in favour of
vulnerable sections of society.

Abolition of untouchability (Article 17): This article abolishes untouchability in any form.
◦ It recognises untouchability as a social evil and ensures the eradication of this discriminatory
practice in Indian society.

Abolition of titles (Article 18): This article states that no title other than military and academic
distinction shall be conferred by the state.

Right to Freedom (Article 19-22)

Freedom of Speech and Expression (Article 19): This article guarantees six fundamental freedoms
((albeit with reasonable restrictions) to the citizens:
◦ Speech and Expression

◦ Peaceful assembly

◦ Forming Associations/Unions

◦ Free Movement throughout India

◦ Freedom to reside and settle in any part of India

◦ Freedom to practice any profession or carry on any occupation, trade, or business

 Enquire
Protection in Respect of Conviction for Offences (Article 20): This article providesNow
four key
safeguards to individuals:
 ◦ Ex Post Facto Law: No person can be convicted for an act that was not considered an offence at
the time it was committed.

◦ Limit on Penalty: No person can be subjected to a penalty greater than what was prescribed by
the law at the time the offence was committed.

◦ Double Jeopardy: A person cannot be prosecuted and punished for the same offence more than
once.

◦ Self-Incrimination: No person can be compelled to be a witness against themselves. This

protection ensures the right to silence and safeguards individuals from forced confessions.

Protection of life and personal liberty (Article 21): It says that no one can be deprived of his or her
life or personal liberty except according to the procedure established by law.
◦ This right includes various other rights such as the right to privacy,the Right to a clean
environment etc.

Right to Education (Article 21A): It was added through the 86th Amendment to the Constitution in
2002. It entrusts the state to provide free and compulsory education to children aged six to fourteen
in the manner determined by the state.

Protection Against Arrest and Detention in Certain Cases (Article 22): This article provides two key
protections:
◦ Protection at the time of arrest: The arrested person (but not enemy aliens or persons detained
under preventive detention laws) should be informed of the grounds for arrest, allowed to
consult and be defended by a legal practitioner of their choice, and presented before a
magistrate within 24 hours.

Right against Exploitation (Article 23 - 24)

Prohibition of traffic in human beings and forced labour (Article 23): It says that trafficking in human
beings and beggars, as well as other forms of forced labour, is prohibited, and any violation of this
provision is punishable by law.

Prohibition of employment of children in factories, etc. (Article 24): According to this Article no child
under the age of fourteen shall be employed in a factory, mine, or hazardous occupation.
◦ Child Labour (Prohibition & Regulation) Amendment Act, 2016 completely prohibits on
employment or work of children below 14 years of age in all occupations and processes.

Right to Freedom of Religion (Article 25 - 28)

Freedom of conscience and free profession, practice and propagation of religion (Article
25): According to it, everyone has the right to free conscience and the freedom to freely profess,
practise, and propagate religion.
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 ◦ However, this does not grant the right to forceful conversion. The State can impose restrictions
on this right on the grounds of public order, morality and health.

Freedom to manage religious affairs (Article 26): Every religious group or section thereof shall have
the right:
◦ to establish and maintain institutions for religious and charitable purposes;

◦ to manage its own religious affairs;

◦ to own and acquire movable and immovable property; and

◦ to administer such property in accordance with the law.

Freedom from taxation for the promotion of religion (Article 27): No one shall be compelled to pay
any tax, the proceeds of which are specifically used to pay expenses incurred in the promotion or
maintenance of any particular religion or religious sect.

Freedom from attending religious instruction (Article 28): It forbids religious instruction in any
educational institution entirely supported by state funds unless such an institution, even if
administered by the state, is established under an endowment or trust that requires it to be imparted.

Cultural and Educational Rights (Article 29 - 30)

Protection of interests of minorities (Article 29):
◦ It gives any section of citizens residing in India's territory or any part of it with a distinct
language, script, or culture the right to preserve it. (protects the right of a group)

◦ No citizen shall be denied admission to or receive aid from a state-run educational institution
based on religion, race, caste, language, or any of them. (protects the rights of individuals
irrespective of community)

Right of minorities to establish and administer educational institutions (Article 30): All religious and
linguistic minorities have the right to establish and administer educational institutions of their
choice. Protection under it extends only to linguistic and religious and not any section of the
citizens.

Right to Constitutional Remedies (Article 32)

It provides legal remedies for the protection of other fundamental rights. When any of the fundamental
rights are violated, one can seek justice through the courts.

 Enquire Now
 ‹ ›

One can directly approach the Supreme Court under Article 32 (original jurisdiction of the Supreme
Court), which empowers the courts to enforce Fundamental Rights through various writs such
as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

The High Courts also have been conferred these powers under Article 226. Further, any other court
may be authorised by Parliament to issue directives, orders, and writs of every description.

Exceptions to the Fundamental Rights

The conflict between the judiciary and legislature regarding Article 31 (Right to Property) and land
reforms as well as Parliament’s power to amend fundamental rights led to several Constitutional
Amendments including the insertion of Articles - 31A, 31B and 31C.

Article 31: It was provided in the original Constitution as a Fundamental Right. The 44th Amendment
Act of 1978 repealed it and made it a constitutional right under Article 300A.

Article 31A: It was introduced by the First Amendment Act, of 1951, to protect five categories of laws
(related to land reforms) from being challenged on the grounds of violating Article 14 and Article 19.
◦ These laws relate to the state’s power to acquire estates, manage properties, amalgamate
corporations, and modify the rights of directors, shareholders, and mining leases.

Article 31B: The First Amendment Act also inserted Article 31B which created the Ninth Schedule to
safeguard the acts and regulations from being challenged on the grounds of violating any
fundamental rights.
◦ Its scope is wider than Article 31A as it immunises any law in the Ninth Schedule from the
Fundamental Rights.

Article 31C: Inserted by the 25th Amendment Act, 1971, it states that no law implementing socialistic
directive principles specified in Articles 39 (b) and (c) shall be declared void on the grounds of
violating Article 14 or Article 19.

I.R. Coelho case (2007): In this case, the Supreme Court ruled that laws under the Ninth Schedule but
made after April 24, 1973 (Kesavananda Bharati case) could be scrutinised if they violated
Fundamental Rights or the basic structure of the Constitution.

Other Provisions  Enquire Now

 Article 33: This article empowers the Parliament to restrict or abrogate the fundamental rights of the
members of the armed forces, paramilitary forces, police forces, intelligence agencies and analogous
forces.

Article 34: It allows for exceptions to fundamental rights during the imposition of martial law,
enabling Parliament to pass laws to indemnify individuals and validate actions taken in the context of
maintaining or restoring order in areas where martial law is enforced.

Article 35: This provision states that Parliament has the power to make laws regarding certain
matters specified in Article 16 (3), Article 32 (3), Article 33, and Article 34.

Significance of Fundamental Rights

Fundamental Rights provide citizens with civil and political rights. They create the necessary conditions
for an individual's material and moral protection while ensuring political justice and equality. The
importance of Fundamental Rights is as follows:

Fundamental: The term"Fundamental" signifies that these rights are essential for the all-round
development of the citizens in a country.

These rights are so important that the Constitution has separately listed them and made special
provisions for their protection.

The Constitution itself ensures that they are not violated by the government.

Rule of Law: Fundamental rights establish the Rule of Law. All citizens are equal under the law. They
have equal rights to freedom of religion, assembly, association, and movement. No person can be
deprived of his life, liberty, or property, except under the law.
◦ The concept of the rule of law came mainly from England (Albert Wayne Dicey) and is an integral
part of the Indian Constitution.

◦ The rule of law delivers four universal principles - accountability, just law, open government, and
accessible and impartial justice.

They are the cornerstone of liberal democracy.

Different from ordinary legal rights: Fundamental Rights are different from ordinary legal rights.
◦ While ordinary rights are enforced by ordinary law, Fundamental Rights are protected and
guaranteed by the Constitution, the fundamental law of a country.

◦ Ordinary rights may be changed by the legislature through the ordinary process of law-making
whereas; a fundamental right can only be changed by amending the Constitution itself.

◦ Further, no organ of the government can violate them.

Positive and Negative Rights:

Negative Rights: These are the rights that require the state to refrain from interfering
 Enquire in the
Nowlives of
citizens, such as the right to equality, the right to freedom of speech, freedom of religion, etc.
 Positive Rights: These rights require the state to take positive action to fulfil them, such as the right
to education, the right to equal opportunities, special privileges to weaker sections, etc.
◦ Thus, Fundamental Rights also pave the way for affirmative actions to promote social justice
and equality.

Protection of minority rights: Fundamental Rights ensure that minority communities are not subject
to discrimination, prejudice, or persecution and guarantee their right to practice and preserve their
language, culture, and religion.

Limitations of Fundamental Rights

Fundamental rights are a crucial aspect of any democratic society, as they protect and guarantee certain
basic liberties and freedoms to individuals. However, it is important to recognise that these rights also
have limitations. Here are some common limitations associated with fundamental rights:

Exclusion of social and economic rights: Fundamental Rights in India overlook crucial socio-
economic rights such as the right to social security, work, employment, leisure, etc.
◦ Unlike countries like South Africa, Mexico, and Germany, India has not incorporated these rights
into its constitution.

Suspension during a national emergency: Fundamental Rights can be suspended (except for Articles
20 and 21) during a National Emergency, which undermines the country's democratic system by
putting the rights of citizens in jeopardy.

Neither sacrosanct nor Permanent: The Parliament can limit or extend Fundamental Rights through a
constitutional amendment act under Article 368 and this can be accomplished without affecting the
"Basic Structure of the Constitution."

Not Absolute: Parliament can impose reasonable restrictions on Fundamental Rights provided under
Article 19, which forms the bedrock of democracy.
◦ Article 19(2) allows for restrictions in the interests of the security and sovereignty of India,
friendly relations with Foreign States, public order, decency or morality, contempt of court,
defamation or incitement to an offence.

Preventive detention: The Constitution allows for the preventive detention of individuals under Article
22 without charge or trial. This is a contentious provision because it has the potential to limit
individuals' life and liberty as provided in Article 20.

Lack of Clarity: Certain terms and phrases used to define the various fundamental rights lack clarity
as their explanation is not given in the constitution of India. This creates some confusion or
vagueness in understanding the scope of these rights.
◦ Words such as, 'Public order', 'minorities', 'reasonable restrictions', etc. belong to this category,
which have not been defined properly in the Constitution.
 Enquire Now

Fundamental Rights UPSC PYQs

 Directive Principles of State Policy (DPSP) - Indian Polity
Notes

Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy (DPSP).
They are borrowed from the Constitution of Ireland, which had copied it from the Spanish Constitution. This
article will solely discuss the Directive Principles of State Policy, its importance in the Indian Constitution and the
history of its conflict with Fundamental Rights. This topic is important for UPSC Mains GS-II and also for
political science optional papers and aspirants can also download the DPSP notes.

What are the Directive Principles of State Policy?

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other
being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the
non-justiciable ones are the Directive Principles of State Policy.

DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacts laws.
There are various definitions to Directive Principles of State which are given below:

● They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.
● They seek to establish economic and social democracy in the country.
● DPSPs are ideals which are not legally enforceable by the courts for their violation.

Directive Principles of State Policy - Classification

Indian Constitution has not originally classified DPSPs but on the basis of their content and direction, they are
usually classified into three types-

● Socialistic Principles,
● Gandhian Principles and,
● Liberal-Intellectual Principles.

The details of the three types of DPSPs are given below:

DPSP – Socialistic Principles

Definition: They are the principles that aim at providing social and economic justice and set
the path towards the welfare state. Under various articles, they direct the state to:
Article Promote the welfare of the people by securing a social order through
38 justice—social, economic and political—and to minimise inequalities in income,
status, facilities and opportunities

Article Secure citizens:

39
● Right to adequate means of livelihood for all citizens
● Equitable distribution of material resources of the community for the
common good
● Prevention of concentration of wealth and means of production
● Equal pay for equal work for men and women
● Preservation of the health and strength of workers and children against
forcible abuse
● Opportunities for the healthy development of children

Article Promote equal justice and free legal aid to the poor
39A

Article In cases of unemployment, old age, sickness and disablement, secure citizens:
41
● Right to work
● Right to education
● Right to public assistance

Article Make provision for just and humane conditions of work and maternity relief
42

Article Secure a living wage, a decent standard of living and social and cultural
43 opportunities for all workers
Article Take steps to secure the participation of workers in the management of industries
43A

Article Raise the level of nutrition and the standard of living of people and to improve
47 public health

DPSP – Gandhian Principles

Definition: These principles are based on Gandhian ideology used to represent the
programme of reconstruction enunciated by Gandhi during the national movement. Under
various articles, they direct the state to:

Article 40 Organise village panchayats and endow them with necessary powers and
authority to enable them to function as units of self-government

Article 43 Promote cottage industries on an individual or co-operation basis in rural areas

Article Promote voluntary formation, autonomous functioning, democratic control and

43B professional management of co-operative societies

Article 46 Promote the educational and economic interests of SCs, STs, and other weaker
sections of the society and to protect them from social injustice and exploitation

Article 47 Prohibit the consumption of intoxicating drinks and drugs which are injurious to
health
Article 48 Prohibit the slaughter of cows, calves and other milch and draught cattle and to
improve their breeds

DPSP – Liberal-Intellectual Principles

Definition: These principles reflect the ideology of liberalism. Under various articles, they
direct the state to:

Article Secure for all citizens a uniform civil code throughout the country
44

Article Provide early childhood care and education for all children until they complete the
45 age of six years. (Note: 86th Amendment Act of 2002 changed the subject matter
of this article and made elementary education a fundamental right under Article
21 A.)

Article Organise agriculture and animal husbandry on modern and scientific lines
48

Article Protect monuments, places and objects of artistic or historic interest which are
49 declared to be of national importance

Article Separate the judiciary from the executive in the public services of the State
50
 Article ● Promote international peace and security and maintain just and honourable
51 relations between nations
● Foster respect for international law and treaty obligations
● Encourage settlement of international disputes by arbitration

What are the new DPSPs added by the 42nd Amendment Act, 1976?
42nd Amendment Act , 1976 added four new Directive Principles in the list:

[Link]. Article New DPSPs

1 Article To secure opportunities for the healthy development of children

39

2 Article To promote equal justice and to provide free legal aid to the poor
39A

3 Article To take steps to secure the participation of workers in the management

43A of industries

4 Article To protect and improve the environment and to safeguard forests and
48A wildlife

Facts about Directive Principles of State Policy:

1. A new DPSP under Article 38 was added by the 44th Amendment Act of 1978, which requires the State
to minimise inequalities in income, status, facilities and opportunities.
2. The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary
education a fundamental right under Article 21A. The amended directive requires the State to provide
early childhood care and education for all children until they complete the age of 14 years.
 3. A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to co-operative
societies. It requires the state to promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies.
4. The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the governance
of the country and it shall be the duty of the state to apply these principles in making laws.’

Criticism of Directive Principles of State Policy

As a point of debate, the following reasons are stated for the criticism of Directive Principles of State Policy:

1. It has no legal force

2. It is illogically arranged
3. It is conservative in nature
4. It may produce constitutional conflict between centre and state

What is the conflict between Fundamental Rights and DPSPs?

With the help of four court cases given below, candidates can understand the relationship between Fundamental
Rights and Directive Principles of State Policy:

Champakam Dorairajan Case (1951)

The Supreme Court ruled that in any case of conflict between Fundamental Rights and DPSPs, the provisions of
the former would prevail. DPSPs were regarded to run as a subsidiary to Fundamental Rights. SC also ruled that
Parliament can amend Fundamental Rights through constitutional amendment act to implement DPSPs.

Result: Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955) and the
Seventeenth Amendment Act (1964) to implement some of the Directives.

Golaknath Case (1967)

The Supreme Court ruled that Parliament cannot amend Fundamental Rights to implement Directive Principles of
State Policy.

Result: Parliament enacted the 24th Amendment Act 1971 & 25th Amendment Act 1971 declaring that it has the
power to abridge or take away any of the Fundamental Rights by enacting Constitutional Amendment Acts. 25th
Amendment Act inserted a new Article 31C containing two provisions:

● No law which seeks to implement the socialistic Directive Principles specified in Article 39 (b)22 and
(c)23 shall be void on the ground of contravention of the Fundamental Rights conferred by Article 14
(equality before law and equal protection of laws), Article 19 (protection of six rights in respect of speech,
assembly, movement, etc) or Article 31 (right to property).
● No law containing a declaration for giving effect to such policy shall be questioned in any court on the
ground that it does not give effect to such a policy.
Kesavananda Bharati Case (1973)

The Supreme Court ruled out the second provision of Article 31C added by the 25th Amendment Act during the
Golaknath Case of 1967. It termed the provision ‘unconstitutional.’ However, it held the first provision of Article
31C constitutional and valid.

Result: Through the 42nd amendment act, Parliament extended the scope of the first provision of Article 31C. It
accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights
conferred by Articles 14, 19 and 31.

Minerva Mills Case (1980)

The Supreme Court held the extension of Article 31C made by the 42nd amendment act unconstitutional and
invalid. It made DPSP subordinate to Fundamental Rights. The Supreme Court also held that ‘the Indian
Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive
Principles.’

Supreme Court’s rulings following the case were:

● Fundamental Rights and DPSPs constitute the core of the commitment to social revolution.
● The harmony and balance between Fundamental Rights and Directive Principles of State Policy is an
essential feature of the basic structure of the Constitution.
● The goals set out by the Directive Principles have to be achieved without the abrogation of the means
provided by the Fundamental Rights.

Conclusion: Today, Fundamental Rights enjoy supremacy over the Directive Principles. Yet, Directive Principles
can be implemented. The Parliament can amend the Fundamental Rights for implementing the Directive
Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

Directive Principles of State Policy – Facts relevant for UPSC Prelims

The table below mentions a few specific points about DPSPs that aspirants can take help from, for UPSC exam:

DPSP for UPSC Prelims

What is its full form? Directive Principles of State Policy

From which country is it borrowed? Ireland (Which had copied it from Spanish
Constitution)
How many articles are under DPSP? Article 36-51 belong to DPSP

Which part in the Indian Constitution deals Part-IV belongs to DPSP

with DPSP?

How many types of DPSPs are there? There are three types:

1. Socialist

2. Gandhian

3. Liberal-Intellectual

Have Directive Principles ever amended? Yes, the 42nd Amendment Act, 44th
Amendment Act, and 86th Amendment Act
have added/deleted a few DPSPs.

Are DPSPs justiciable? No, DPSPs are non-justiciable in nature.

Are DPSPs subordinate to Fundamental There is a balance between both.

Rights? Fundamental Rights can be amended to
implement Directive Principles until it does
not harm the basic structure of the
Constitution.

Who described DPSP as a ‘novel feature’ of Dr B.R. Ambedkar

the Constitution?
 From where do Indian DPSPs find their Irish Home Rule Movement
motivation?

What are the recent developments in favour There are various such acts enacted to enforce
of DPSPs? DPSP. They are:

● Prevention of Atrocities Act (In

favour of Article 46)
● Minimum Wages Act (In favour of
Article 43)
● Consumer Protection Act
● Equal Remuneration Act (In favour of
Article 39)

Multiple Choice Question

Consider the following Statements

1. Through the 42nd amendment act, Parliament extended the scope of the first provision of Article 31C. It
accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental
Rights conferred by Articles 14, 19 and 31.
2. Fundamental Rights can be amended to implement Directive Principles until it does not harm the basic
structure of the Constitution.
3. Part 3 of the Constitution of India contains the Fundamental Rights guaranteed to the citizens of India.
Articles 12-35 of the Constitution of India deals with Fundamental Rights.
4. Political Democracy is established in India with the help of Fundamental Rights given in the Constitution
of India whereas Economic and Social Democracy is established with the help of Directive Principles of
State Policy.

Choose the correct answer from the below-given options

A) Only statements 3 and 4 are true.

B) All the above-given statements are true.

C) Only statements 2, 3 and 4 are true.

D) Only statements 1, 3 and 4 are true.

Answer: B
Frequently Asked Questions about Directive Principles of State Policy
(DPSP)

What are the four categories of Directive Principles of State Policy?

Directive Principles of State Policy have been grouped into four categories. These are: (1) the economic and
social principles, (2) the Gandhian principles, (3) Principles and Policies relating to international peace and
security and (4) miscellaneous.

What are the principles of DPSP?

The expression “Justice- social, economic, political” is sought to be achieved through DPSPs. DPSPs are
incorporated to attain the ultimate ideals of preamble i.e. Justice, Liberty, Equality and fraternity. Moreover, it also
embodies the idea of the welfare state which India was deprived of under colonial rule

What is the main aim of the Directive Principles?

The aim of Directive Principles of State Policy is to establish a welfare state.

How is the Directives Principal of State Policy related to Article 40?

Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the
State shall take steps to organise village panchayats and endow them with such powers and authority as may be
necessary to enable them to function as units of self-government.

How many Articles are there under DPSP?

Directive Principles of State Policy DPSP are mentioned in Part IV of the Indian constitution from Articles 36 to
51 DPSPs are taken from the Constitution of Ireland.

What are the three types of directive principles?

The three types of directive principles are as follows 1 Socialist 2 Gandhian 3 Liberal Intellectual.
 UPSC Preparation
Fundamental Duties in India - Article 51A (Indian Polity Notes)

42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86th
Amendment Act 2002 later added 11th Fundamental Duty to the list. Swaran Singh Committee in 1976
recommended Fundamental Duties, the necessity of which was felt during the internal emergency of
1975-77.
The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian Constitution.
This article will mention in detail the 11 Fundamental Duties and their importance in India. The topic
forms a significant part of UPSC Political Science, which is one of the major subjects in Prelims, Mains
GS-II and also optional.

Introduction to 11 Fundamental Duties in India

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in
addition to creating and promoting culture, also strengthen the hands of the legislature in enforcing these
duties vis-a-vis the fundamental rights.
The list of 11 Fundamental Duties under article 51-A to be obeyed by every Indian citizen is given in the
table below:

[Link] 11 Fundamental Duties

1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the
National Anthem

2. Cherish and follow the noble ideals that inspired the national struggle for freedom

3. Uphold and protect the sovereignty, unity and integrity of India

4. Defend the country and render national service when called upon to do so

5. Promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women

6. Value and preserve the rich heritage of the country’s composite culture

7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures

8. Develop scientific temper, humanism and the spirit of inquiry and reform
 9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement

11. Provide opportunities for education to his child or ward between the age of six and fourteen
years. This duty was added by the 86th Constitutional Amendment Act, 2002

Importance of Fundamental Duties- Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The importance of these are given in
the table below:

[Link] Importance of Fundamental Duties

1. They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment among them

4. They help the courts in examining and determining the constitutional validity of a law

5. They are enforceable by law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the
following grounds:

 They have been described by the critics as a code of moral precepts due to their non-justiciable character.
Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties
included in the Constitution as fundamental would be performed by the people even though they were not
incorporated into the Constitution.
 Some of the duties are vague, ambiguous and difficult to be understood by the common man.
 The list of duties is not exhaustive as it does not cover other important duties like casting vote, paying
taxes, family planning and so on. In fact, the duty to pay taxes was recommended by the Swaran Singh
Committee.
 The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution has
reduced their value and significance. They should have been added after Part III so as to keep them on par
with Fundamental Rights.
 Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not all were
included in the Constitution. Those duties recommended by the committee which were not accepted were:
 1. Citizens to be penalized/punished by the parliament for any non-compliance with or refusal to
observe any of the duties.
2. The punishments/penalties decided by the Parliament shall not be called in question in any court
on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to
any other provision of the Constitution.
3. Duty to pay taxes.

Facts about Fundamental Duties for UPSC:

 Fundamental Duties are categorized into two – Moral Duty & Civic Duty
1. Moral Duty: cherishing noble ideals of freedom struggle
2. Civic Duty: respecting the Constitution, National Flag and National Anthem
 They essentially contain just a codification of tasks integral to the Indian way of life
 The Fundamental Duties are confined to Indian citizens only and do not extend to foreigners unlike a few
Fundamental Rights
 They are also nonjusticiable similar to Directive Principle of State Policies
 There is no legal sanction against their violation
This Fundamental Duty article will be helpful for the aspirants for the upcoming examination.
Download the fundamental duties’ notes PDF from the link given below:

UPSC Questions related to Fundamental Duties

Which Fundamental Duty was added by the 86th Amendment Act?
The Fundamental Duty added by the 86th amendment act directs citizens to provide opportunities for education to
his child or ward between the age of six and fourteen years.

Which Committee proposed to add Fundamental Duties in the Indian Constitution?

Swaran Singh Committee in 1976 recommended Fundamental Duties to be added in the constitution

Which amendment act added 10 Fundamental Duties in the Indian Constitution?

42nd Amendment Act, 1976 added 10 Fundamental Duties

Fundamental Duties are added under which part of the Indian Constitution?
They are added under Part-IV-A of the Constitution.