1) Explain Salient Features of INDIAN Constitution

The Indian Constitution, the supreme law of the land, is known for its comprehensive nature and
well-drafted structure. Here are some of its salient features:

1. Lengthiest Written Constitution: The Indian Constitution is the world’s longest written
constitution, reflecting the country’s diversity and attention to detail1.
2. Drawn from Various Sources: The Constitution incorporates provisions from other
nations’ constitutions and the Government of India Act of 1935, making it a blend of
indigenous and foreign elements1.
3. Blend of Rigidity and Flexibility: The Constitution is neither too rigid nor too flexible,
striking a balance that allows for adaptability while preserving its core principles1.
4. Federal System with Unitary Bias: While the Constitution establishes a federal system,
it also contains provisions for a strong central authority, creating a unique blend of
federalism and unitarism1.
5. Parliamentary Form of Government: The Constitution establishes a parliamentary
system of government, modelled after the British system but adapted to Indian
conditions1.
6. Rule of Law: The Constitution upholds the rule of law, which means that laws apply
equally to all citizens, and no person is above the law1.
7. Integrated and Independent Judiciary: The Constitution establishes a single, integrated
judicial system and ensures the judiciary’s independence1.
8. Fundamental Rights: The Constitution guarantees certain fundamental rights to all
citizens, including the right to equality, freedom of speech and expression, and protection
from discrimination1.
9. Directive Principles of State Policy: These are guidelines for the state in legislative and
administrative matters1.
10. Fundamental Duties: The Constitution also lists certain fundamental duties for every
citizen1.
11. Secularism: The Constitution establishes India as a secular state, ensuring freedom of
religion for all citizens1.
12. Universal Adult Franchise: The Constitution grants the right to vote to all citizens
above the age of 18, regardless of their caste, creed, or sex1.

These features, among others, make the Indian Constitution a unique and robust document that
has guided the nation since its adoption.

2) PREAMBLE

The Preamble is an introductory statement in a document that explains the document’s

philosophy and objectives. In the context of a Constitution, it presents the intention of its
framers, the history behind its creation, and the core values and principles of the nation12345.
In the case of the Indian Constitution, the Preamble serves as a brief but significant
introduction. It was adopted on November 26, 1949, by the Constituent Assembly of India,
and it came into effect on January 26, 1950. Let’s explore some key points about the Preamble:

1. Objective Resolution: The roots of the Preamble lie in the Objective Resolution, which
was drafted by Jawaharlal Nehru in 1946. This resolution outlined the constitutional
structure for an independent India. It emphasized several fundamental tenets:
o The resolve to see India as independent, sovereign, and republican.
o The goal of creating a Constitution for India.
o The transformation of all territories of pre-independent India into a united post-
independent India.
o The recognition of residual powers and autonomy for states.
o The establishment of a union with powers distinct from those granted to
individual states.
o The people of India as the source of power and authority, reflecting sovereignty
and independence.
o Ensuring justice, social, economic, and political equality, along with freedom of
thought, expression, belief, faith, worship, vocation, association, and action
(subject to law and public morality).
o Adequate safeguards for minorities, tribal, backward areas, and other
marginalized classes.
o Upholding the integrity of India’s territory and its territorial rights on land, sea,
and air in accordance with justice and international law.
o Promoting peace and welfare among nations worldwide.
2. Inclusion in the Constitution: The Preamble is indeed a part of the Indian
Constitution. Its significance was further emphasized in the Kesavananda Bharati
Case.
3. Sole Preamble: The Indian Constitution has only one preamble, along with 25 parts, 12
schedules, and 448 articles.
4. Core Values: The Preamble encapsulates the core values of India, including justice,
liberty, equality, fraternity, and dignity.

In summary, the Preamble serves as a powerful declaration of India’s aspirations, principles, and
commitment to building a just, inclusive, and democratic society.

3) Article 14 Permit and Classfication

Article 14 of the Indian Constitution is a pivotal provision that guarantees the right to equality
to every citizen of India. Let’s delve into its nuances:

1. Equality Before Law:

o Article 14 declares that “the State shall not deny to any person equality before the
law or equal protection of law within the territory of India.”
o The phrase “equality before law” originates from America and signifies the
absence of special privileges based on birth, sex, religion, or other factors. It
ensures that all individuals are subject to the ordinary law without favoritism.
 oRule of Law in England embodies this concept, emphasizing that no one is above
the law, regardless of rank or condition.
2. Equal Protection of Law:
o The expression “equal protection of law” has British origins and represents a
positive concept.
o It aims at treating individuals equally under similar circumstances. Whether
someone is a Prime Minister or an ordinary citizen, they should be dealt with
according to the same law.
o The principle ensures fairness and consistency in legal treatment.
3. Reasonable Classification:
o Article 14 permits reasonable classification to achieve specific objectives. Not
all laws need to be general; they can cater to distinct groups or situations.
o However, such classification must be:
▪ Non-discriminatory: It should not unfairly favor or disadvantage any
particular group.
▪ Rational: There should be a rational nexus between the classification and
the objective sought to be achieved.
▪ Intelligible Differentia: The basis for classification must be reasonable
and intelligible.
o The Supreme Court has emphasized that Article 14 allows reasonable
classification but prohibits “class legislation” 1234.

In summary, Article 14 embodies the idea of equality expressed in the Preamble and ensures that
the law treats all individuals fairly, regardless of their status or circumstances.

4) Doctor of Severability

The Doctrine of Severability is a legal principle that plays a crucial role in constitutional law.
Let’s explore its essence:

1. Background:
o With the adoption of the Constitution of India in 1950, fundamental rights
became an integral part of our legal framework.
o Fundamental rights guarantee every citizen a life of dignified existence and
holistic development.
o When a law infringes upon these rights, courts have the authority to strike it
down.
2. The Question:
o What happens when only a portion of a law violates fundamental rights?
o In such cases, the doctrine of severability comes into play.
3. Basis and Validity:
o The doctrine derives its validity from Article 13 of the Indian Constitution.
 o Article 13 states that any law inconsistent with fundamental rights shall be void to
the extent of that inconsistency.
o As an extension of Article 13, the doctrine asserts that if a provision within a
statute violates fundamental rights but is severable from the rest of the statute,
only that offending provision will be declared void by the courts, not the entire
statute.
o In other words, if the non-violative provisions can exist independently of the
violative ones, they will be upheld as valid and enforceable.
4. Application:
o When a specific provision of a statute offends constitutional limits, but it can be
separated from the rest of the statute, only the offending part is declared void.
o The doctrine ensures that the entire law need not be invalidated due to a single
problematic provision.
5. Historical Instances:
o One early instance was the Nordenfelt v. Maxim Nordenfelt Guns and
Ammunition Company Ltd case in 1876. The court struck down the violative
portion of a contract but allowed the rest of the contract to proceed after severing
the offending part.
o The doctrine was further discussed in the case of R.M.D.C v. the State of
Bombay, where the court laid down principles related to severability.

In summary, the doctrine of severability allows courts to uphold non-violative provisions while
nullifying only the unconstitutional parts of a law, ensuring a balanced approach to justice and
constitutional rights123.

5) Article 12

Article 12 of the Indian Constitution plays a significant role in defining the term “State” within
the context of Fundamental Rights. Let’s explore its essence:

1. Definition of ‘State’:
o Article 12 provides a comprehensive definition of the term “State” for the purpose
of applying the provisions contained in Part III of the Constitution.
o When we refer to “State” in this context, we are not limited to just the government
but include various entities and authorities.
2. Entities Included:
o The definition in Article 12 encompasses the following:
▪ Legislative and Executive Organs of the Union Government:
▪ Indian Government
▪ Indian Parliament (Lok Sabha and Rajya Sabha)
▪ Legislative and Executive Organs of the State Government:
▪ State Governments
▪ State Legislature (Legislative Assembly and Legislative Council)
▪ Local Authorities:
 ▪ Municipalities (including Municipal Corporations, Nagar Palikas,
and Nagar Panchayats)
▪ Panchayats (including Zila Panchayats, Mandal Panchayats, and
Gram Panchayats)
▪ Statutory Authorities:
▪ Examples include:
▪ National Human Rights Commission
▪ National Commission for Women
▪ National Law Commission
▪ National Green Tribunal
▪ National Consumer Disputes Redressal Commission
▪ Non-Statutory Authorities:
▪ Examples include:
▪ Central Bureau of Investigation (CBI)
▪ Central Vigilance Commission
▪ Lokpal and Lokayuktas
3. Purpose and Scope:
o The definition provided by Article 12 is specifically for the application of
Fundamental Rights.
o Even if an entity is not explicitly mentioned as “State” under Article 12, if it has a
public duty to perform or if its actions are supported by the State or public
officials, a writ under Article 226 may lie against it on non-constitutional grounds
or grounds of contravention of some provision of the Constitution outside Part
III.

In summary, Article 12 ensures that the term “State” is broadly interpreted to encompass various
authorities and entities whose actions can be challenged in the Supreme Court if they violate
any of the fundamental rights guaranteed to Indian citizens1234.

6) ARTICLE 15(4)

Article 15(4) of the Indian Constitution empowers the State to make special provisions for the
advancement of certain groups. Let’s explore its essence:

1. Context:
o Article 15 primarily deals with the right to equality and prohibits discrimination
based on religion, race, caste, sex, or place of birth.
o Article 15(1) states that the State shall not discriminate against any citizen on
these grounds.
2. Article 15(4):
o It reads as follows:

“Nothing in this article or in clause (2) of article 29 shall prevent the State
from making any special provision for the advancement of any socially
 and educationally backward classes of citizens or for the Scheduled Castes
and the Scheduled Tribes.”

oIn simpler terms, Article 15(4) allows the State to create specific measures to
uplift socially and educationally disadvantaged groups, including Scheduled
Castes, Scheduled Tribes, and other backward classes.
o These provisions can include:
▪ Reservations in educational institutions or government jobs.
▪ Fee discounts for economically weaker sections.
▪ Seat reservations to ensure representation.
▪ Scholarships and other forms of support.
3. Balance and Intent:
o While Article 15(1) ensures equality, Article 15(4) recognizes that true equality
sometimes requires affirmative action.
o The intent is to level the playing field for historically marginalized communities.
o However, the State must strike a balance between providing opportunities and
ensuring that such provisions do not perpetuate discrimination against other
groups.

In summary, Article 15(4) allows the State to take targeted steps to uplift disadvantaged
communities while upholding the broader principles of equality and justice1234.

7) Article 19 (1)

Certainly! Let’s explore Article 19(1) of the Indian Constitution. This article grants several
fundamental freedoms to citizens:

1. Freedom of Speech and Expression (Article 19(1)(a)):

o Every citizen has the right to freely express their thoughts and ideas through any
communicable medium.
o This includes:
▪ Voicing opinions verbally or in writing.
▪ Publishing ideas in print or online.
▪ Broadcasting thoughts on radio, television, or any digital platform123.
2. Other Freedoms Under Article 19(1):
o (b) Right to Assemble Peaceably and Without Arms: Citizens can gather
peacefully for various purposes.
o © Right to Form Associations or Unions or Co-operative Societies: The
freedom to organize and collaborate.
o (d) Right to Move Freely Throughout the Territory of India: Citizens can
travel unrestricted within the country.
o (e) Right to Reside and Settle in Any Part of the Territory of India: The
ability to choose one’s place of residence.
 o (g) Right to Practise Any Profession or Carry on Any Occupation, Trade, or
Business: The freedom to pursue livelihoods1.

Remember that while these freedoms are essential, they are subject to reasonable restrictions
imposed by the State in the interest of sovereignty, integrity, security, public order, morality, and
other valid reasons1. 🇮🇳

ARTICLE 19(1)(G)

Certainly! Let’s explore Article 19(1)(g) of the Indian Constitution. This article provides
citizens with the right to practice any profession, carry on any occupation, trade, or business.
Here are the key points:

1. Freedom to Practice Profession, Occupation, Trade, or Business:

o Article 19(1)(g) grants all citizens the freedom to choose and engage in their
preferred livelihoods.
o Whether it’s pursuing a specific career, running a business, or practicing a trade,
individuals have the right to do so without unnecessary restrictions.
2. Subject to Reasonable Restrictions:
o While this freedom is essential, it is not absolute.
o Article 19(6) allows the State to impose reasonable restrictions on the exercise
of this right in certain situations:
▪ Interests of the general public: If restrictions are necessary for the
welfare of society.
▪ Protection of the interests of any Scheduled Tribe: To safeguard the
rights of marginalized communities.
o These restrictions aim to strike a balance between individual rights and the
collective welfare.

In summary, Article 19(1)(g) recognizes the importance of economic activities and ensures that
citizens can pursue their chosen professions and businesses while considering the broader
societal context123.

8) Explain Preventive Availble against the arbitary arrest and

detention

Certainly! Let’s delve into the provisions provided by Article 22 of the Indian Constitution,
which concern all the safeguards against arbitrary arrest and detention, as well as preventive
detention.

1. Arbitrary Arrest and Detention:

 o Article 22 constitutes a crucial part of the fundamental rights guaranteed under
the Constitution.
o It covers two major aspects:
▪ Protection and rights granted in case of arbitrary arrest (also known
as punitive detention).
▪ Safeguards against preventive detention.
o The key difference lies in whether a person is charged with a crime or not:
▪ In detention, the person is not accused of any crime but is restricted based
on reasonable suspicion.
▪ In arrest, the person is charged with a crime.
o However, this article has always been a topic of debate due to its potential
contradiction with the freedom guaranteed by Article 21 (dealing with the right to
life and liberty).
o Originally brought in to safeguard society against undermining the sanctity of the
constitution, it has sometimes curtailed the freedom of the masses.
o The subject matter of this article remains arbitrary and open to interpretation,
making it challenging to attain absolute stability within the constitutional
framework.
o Throughout India’s history, Article 22 has faced criticism, especially during the
worst excesses of the emergency in 1975, highlighting its potential for misuse.
o In recent times, it has become a topic of discussion during mass protests against
the citizenship amendment bill1.
2. Rights of Arrested Persons Under Ordinary Laws:
o Article 22(1) states that any person who is arrested cannot be detained in custody
without being informed of the grounds for such arrest as soon as possible.
o Other rights include:
▪ Right to be defended by a lawyer of their own choice.
▪ Right to be produced before a Magistrate.
▪ No detention beyond 24 hours except by order of the Magistrate1.
3. Preventive Detention Laws:
o History of Preventive Detention:
▪ Necessitated by the need to maintain public order and security.
▪ Examples include the Terrorist and Disruptive Activities (Prevention)
Act, 1987 (TADA), the National Security Act, 1980, and the Prevention
of Terrorism Act (POTA), 2002.
o Constitutional Safeguards Against Preventive Detention Laws:
▪ Conservation of Foreign Exchange, Prevention of Smuggling
Activities Act (COFEPOSA), 1974 and Article 22(5).
▪ Exception under Article 22(6): Subjective satisfaction of the detaining
authority1.

In summary, Article 22 balances the need for public safety with individual rights, ensuring that
both arbitrary arrest and preventive detention are subject to specific safeguards123.
 9) Explain About WRIT Petition

Explore

Certainly! Let’s explore Writ Petitions in the context of Indian law.

1. What is a Writ?:
o A writ is a formal order issued by a court. It serves as a powerful legal remedy to
protect fundamental rights and enforce constitutional provisions.
o When an individual seeks specific relief or intervention from a court, they file a
writ petition.
2. Types of Writs:
o The Indian Constitution, under Article 32 (for the Supreme Court) and Article
226 (for High Courts), provides five types of writs:
▪ Habeas Corpus:
▪ Meaning: “You may have the body of.”
▪ Purpose: Used when a person is illegally detained.
▪ Court directs the detained person to be brought before it to
examine the legality of the detention.
▪ Mandamus:
▪ Meaning: “We command.”
▪ Purpose: Issued to public officials or authorities to perform their
legal duties.
▪ Example: Compelling a government officer to release pending
pension dues.
▪ Certiorari:
▪ Meaning: “To be certified.”
▪ Purpose: Used to quash an order or decision of an inferior court or
tribunal.
▪ Example: Challenging an erroneous judgment by a lower court.
▪ Prohibition:
▪ Meaning: “To forbid.”
▪ Purpose: Prevents an inferior court or tribunal from exceeding its
jurisdiction.
 ▪ Example: Restraining a magistrate from proceeding in a case
beyond their authority.
▪ Quo-Warranto:
▪ Meaning: “By what authority?”
▪ Purpose: Challenges the right or authority of a person holding a
public office.
▪ Example: Questioning the eligibility of someone claiming to be a
mayor.
3. Who Can File a Writ Petition?:
o Any person whose fundamental rights are violated can file a writ petition.
o The petitioner need not have a direct personal interest; they can act as a public-
spirited citizen seeking justice.
4. Where to File a Writ Petition?:
o Supreme Court: Under Article 32 for violations of fundamental rights.
o High Court: Under Article 226 for similar violations within its territorial
jurisdiction.
5. How to File a Writ Petition?:
o Format of a Writ Petition:
▪ High Courts: Follow the prescribed format for the specific High Court.
▪ Supreme Court: Follow the prescribed format for the Supreme Court.
o Grounds for Filing:
▪ Violation of fundamental rights.
▪ Illegality or arbitrariness of an action.
▪ Lack of jurisdiction by an authority.
▪ Public interest issues.

In summary, writ petitions are essential tools for safeguarding rights and ensuring justice in
India. They empower citizens to seek redressal from the courts when their fundamental rights are
at stake1234.

10) Article 16 protectine Discrimination

Certainly! Let’s explore Article 16 of the Indian Constitution, which provides protection
against discrimination in matters of public employment:

1. Article 16: Equality of Opportunity in Public Employment:

o Objective: Article 16 aims to ensure equal opportunities for all citizens in terms
of public appointments and employment under the State.
o Non-Discrimination: It explicitly prohibits discrimination based on various
grounds, including race, religion, caste, sex, place of birth, descent, or
residence.
o Exceptions: While ensuring equal opportunity, Article 16 allows for special
provisions to be made for backward classes.
 o One Hundred and Third Amendment Act, 2019: This amendment introduced
provisions related to reservation for economically weaker sections in public
employment.
o Descent and Residence under Clause (2) of Article 16:
▪ Residence can be a ground for reservation.
▪ Reservation for backward classes is a crucial aspect.
o Catch-up Rule and Consequential Seniority: Ensures that those who were
denied opportunities earlier get a fair chance.
o Carry Forward Rule: Allows reserved vacancies to be carried forward in
subsequent years.
o Evolution of Article 16:
▪ The Mandal Commission Case:
▪ Facts: The Mandal Commission recommended reservations for
Other Backward Classes (OBCs).
▪ Judgment: The Supreme Court upheld the validity of OBC
reservations.
▪ The 77th Amendment Act, 1995: Introduced reservations for Scheduled
Castes and Scheduled Tribes in promotions.
▪ The 81st Amendment Act, 2000: Enabled reservations in promotions for
SCs and STs.
▪ The 85th Amendment Act, 2001: Introduced reservations for Anglo-
Indians.
▪ Expert Report on ‘Creamy Layer’: Addressed the exclusion of affluent
sections within reserved categories.
▪ Disabled Candidates: Article 16 ensures equal opportunities for disabled
candidates.
o Relationship between Article 15(4) and Article 16(4):
▪ Article 15(4) allows for special provisions for socially and educationally
backward classes.
▪ Article 16(4) extends this to public employment.

In summary, Article 16 protects against discrimination in public employment, ensuring equal

opportunities while allowing for specific provisions to uplift marginalized sections1234.