Constitution of India

- Three dates are there - 15 Aug 1947 - date of independence + 26th Nov 1949 -
Constitution day - Date on which constitution is adopted + 26 th Jan 1950 - Date of
enforcement of constitution
- Indian constitution is not a original documents - it is inspired by American and canadian
constitution + english common law
- Constitution sis been framed by treating india as a family - it is a document drafted with
cretian fundamental values and emotions
- It is been drafted by a committee headed by dr bhimrao ambedkar - but by keeping the
perspective of people of indian - Constitution derives its powers from people of India
- Constitution can be divided into three parts
a. Structure of the authority - as a family cannot run without proper demarcation of
power there is a requirement of demarcation fo authority to run a family carrying
crores of people - there are four authorities In India
Legislative - Law making authority
Administrative authority - implementation authority
Judicial authority - Ensuring Justice
Military - Protecting the country from outside forces

b. Fundamental rights - provided in part III of constitution of India - Ensure a feel of

belongingness to each and every citizen of India . six fundamental rights
Internationally acclaimed human right

c. Directive principle of state policy - the guidelines provided by constitution to the

authorities of the countries that they have to follow while governing the country
They should act as a proctor of fundamental and legal rights they should not act
as a dictator

- According to constitution of India - india is been declared as

a. Sovereign - independence all around - we people of India are assured with
independence all round - internally and externally . Political sovereignty is vested
in union and state government - legal sovereignty - people of India
Mental and physical freedom
b. Socialist - it was not a basic feature - it is been adopted in 42nd amendment of
COI - it means justice all around - justice for people of india in their social political
and economical life
c. Democratic republic - our government will follow mechanism of election not
succession - our government is for the people of the people and by the people
Kingdom will not be followed

d. Secularism - state will have no religion - all religions are equal for the authority -
no dsicrimination is allowed based on religion
Four pillars of India - but they are not absolute - there are certain reservations - minority has
been provided with many privileges as being equal means not being mathematically equal it
means - equals to be treated equally - unequals can be treated differently
At the time of independence - deprived child were - ST /SC/OBC etc - they need certain push to
lift up - so they got many privileges

Federal and Unitary

- Federalism is a structure followed by A country or an organisation or a family - when the
authority follows - division of powers - rely on team work - such a polity or structure is
known as federal - growth oriented - decentralisation - division or delegation ;
- Unitary - centralisation of powers / one single authority - all powers are centralized in one
authority - seems like facism / Authoritative concept - no division of powers
- Keshav nandan bharti vs state of kerala - declares basic structure of indian
constitution to be quais federal
- For becoming federal polity a country has to satisfy 6 conditions
● Dual government - India do have dual government - Central and state
government - they are independent - no interferences
● Division of powers - four authority india has - Legislative / administrative / judicial
/ military
● Supremacy of constitution - nothing can be survived in India - which is against
constitution - any law passed by parliament if unconstitutional will be declared
invalid by supreme court
● Independence of judiciary - every person is equal for judicial authority a legal
action can be filed against any person be it celebrity or be it authority any one
● Written constitution - we do have
● Rigid procedure for amendment of constitution - yes detailed parliamentary
procedure need to be opted for amendment

All features of been a federal polity is duly satisfied - still certain features are not satisfied
absolutely - specially when SG get dominated by CG - due to certain constitutional provisions
we are not absolutely federal polity - somewhere central dominated states - that is why we are
quasi federal polity .

Fundamental rights
Article 14- 32
Provided in part III of indian constitution
Nothing more than internationally recognised human rights - adopted by COI
Being human - everyone is born with certain inalienable / in separable rights - such rights makes
the human life actually a life of a human being
These rights are generally provided and protected for citizen of india but in many case these
rights are also guaranteed for non citizens \
Here non citizens includes - Foreigners and artificial persons ( companies )
These rights can be classified in to 6 parts
1. Right to equality
 2. Right to freedom
3. Right against exploitation
4. Freedom of religion
5. Cultural and educational rights
6. Right to have constitutional remedy
These all rights are the superior most rights provided to a person -if any authority breaches any
FR or Any person - a constitutional action can be filed against him
Even through DPSP - government protects FR of every person

Othre points
1. The constitution provides for FR part III which are judicable and directive principles -Part
IV - non judiciable - if state does not follow DP - no judicial action lies
2. DR are been adopted to effectuate FR and to establish a welfare state
3. Soul of constitution - preamble + FR + DP
4. India is more republic then mere democratic

Questions of constitution

1. The date on which constitution is been adopted by People of India

● 26th January 1950
● 26th Nov 1949
● 15 August 1947
● None of the above
2. The vision of our founding fathers and the aim and objectives which they wanted to achieve
through the Constitution are contained in
a. Fundamental rights
b. Directive principles
c. Preamble
d. All of the above
3. Which of the following will be treated a soul of constitution
● Fundamental rights
● Directive principles
● Preamble
● All of the above
4. The constitution is made with the vision of
a. Socio political chnage
b. Socio economical change
c. Socio Enviormnetal changes
d. All of the above
5. Fundamental rights are jurdicable and directive principals are too the statement is
a. True
b. False
6. Directive principals are
 a. a means to effectuate Fundamental Rights
b. a source of laws for a welfare state
c. Both
d. None
7. the country is Republic, and not a mere democracy the statement is
a. True
b. False
8. The Constitution of India came into force
● 26th January 1950
● 26th Nov 1949
● 15 August 1947
● None of the above
9. Constitution derives its authority from
a. Government of india
b. Parliament of India
c. People of India
d. All of the above
10. All Public authorities derive their power from
a. Parliament of India
b. Government of India
c. Constitution of India
d. All of the above
11. Preamble is a part of constitution of India
a. True
b. False
12. The term sovereign means
a. Independence all around
b. Justice all around
c. Freedom all around
d. All of the above
13. The socialist means
a. Independence all around
b. Justice all around
c. Freedom all around
d. All of the above
14. The term secular means
a. All religions are same
b. All religions are equal
c. None of the above
d. Religious harmony
15. Democratic republic means
a. All adult citizen has right to cast vote
b. All are equals
c. Religious harmony
 d. All of the above

Definition of state - Article 12

- Although constitution guarantees fundamental rights provided under article 14-32
- All FR are available against state - not against private groups / organisations and
individuals
- It is the duty of the state to ensure their actions and procedures should be in accordance
with FR guaranteed by constitution
- They actions should not conflict with FR
- If they get into any action which will lead breach of FR - a constitutional action may lie
against them
- State means and includes
- Legislative authority - law making authority - Parliament and state legislature
- Administrative authority - Union and state government
- Local authority - Municipality
- Other authority - located within or outside india but working under the government of
India
- Judicial authority and military authority is not the part of the “ State”
- Corporations only if they satisfies any one of the above conditions
● If entire share capital is owned by government
● Almost entire expenditure is been financed by government
● Monopoly status protected by government
● A department is been transferred to the corporation
● Government has deep and pervasive control
● Corporation is performing public welfare task - governmental function
Article -13
Law can b classified into parts
- Existing law - passed before 1950 - if it overrides FOR - the entire law or those
provisions which are against FR will be in operative
- Future - passed after constitution
- Doctrine of severability - any law which is inconsistent with FR - cannot survive - it will
become inoperative or redundant
- Doctrine of Eclipse - the part which became inoperative will not be dead altogether -it will
be in operative for time being - if the FR against which it stands - will be removed from
the list of FR - then the law will operate again
- Doctrine of waiver - no persona can surrender his FR - it has to be enjoyed
Right to equality
● Article 14-18
● Article 14- General principles
● Article 15-16 - Particular application of article 14
● Article 17-18 - Specialised application
● Article 14 - clarifies that right to equality is available to both citizens and non
citizens
● Right to equality is been divided in to
- Equality before law - each law applicable over here in India - will not carry
discriminatory provisions : sno special provisions or privileges will be
extended to any category - no special treatment will be given in any law
- Equal protection of law - one common law for all - no class legislation - no
particular law for particular class
● Right to equality is not at all an absolute right it is subject matter of certain
exceptions and reservations
● Equality over here is not mathematical equality - rationale - equal should be
treated equally - unequal will be eligible for special provisions
● Income tax laws property tax laws
● Discrimination is allowed between unequals - not between equals
● Equality before law is borrowed from english common law
● Equal protection of law borrowed from american constitution
● Right to equality is not an original concept of constitution of india
● 15(1) - State should not make any law or rule that will create a discrimantion based
on race / caste / religion / place of birth / sex tec
● 15(2) In public places - Amusement and utility places & transportations - no
discrmaintaion will be made based on above grounds
● 15(3) - exception - state can make special provision for women and children under
15(1) & 15(2)
● 15 (4) - State can make laws for advancement of SC/ST/OBC
● 15(5) - State has authority to reserved admission seats in educational educational
institutions - Private / Aided / Unaided except minority institutions - for ST/SC/OBC
● 15(6) - Launched in 2019 - 103rd amendment -* reservation for Economically
weaker section - state can reserve admission seats for EWS - up 10 % of available
seats - in all educational institutions except minority institutions - for their
advancements - logical classifications
● There is no definite meaning been provided to economically backward sections -*
state will define as per trends
● Article 16 -16(1) - State will not discriminate between citizens on public
employment - every citizen will get similar employment opportunities when it
comes to employment in public offices
● 16(2) - no discrimantion based on race caste religion etc
● 16(3) Reservation will be allowed based on residence of the candidate for state
and UT - public offices
● 16(4) - Reservation of OBC
● 16(4A) - Reservation for ST & SC
● 16(5 ) - Reservation for public offices belongs to particular religion - like muslim
board - religion may be the ground of reservation
● 16(6) EWS - upto 10 % reservation on public employments
 ● Article 17 - Abolition of untouchability - this is social practice where touchability
will be subject matter of caste and disease
Untouchability now is an offence
Parliament can make law which will provide for punishment for such a social
practise
● Article 18 - No one can use title unless supported by
- Academic qualification or distinction
- Military positions
● An indian citizen can not use title provided by foreign state
● A person who is not indian citizen but occupy an office of state over here in india
if he wants to use a foriegn title then it requires consent of president
Summary
1. Article 14 - Meaning of right to equality
2. Article 15 (1)(2)(3) - Discimintaion in law and public places
3. Article 15 (4) to (6) -Reservation in educational institutions
4. Article 16(1) & (2) - no discimination public employment
5. Article 16 (3) to (6) - Discrimation in PE
6. Article 17 - Untouchability is an offence
7. Article 18 - Don't use titles
Test paper Basics + Right equality

Article 19 - Right to freedom - Only available to citizen not to foreigners

- Assures 6 freedom rights
● Speech and expressions
● Assemble peacefully without arms
● Form association and unions
● Move freely throughout the territory of India
● Reside and settle anywhere in any part of India
● Practise any profession trade or business
But all freedom is restrictive - not absolute - but restriction can be imposed by
- Duly passed law by parliament not be an executive order and
- Restriction must be reasonable ( facts and circumstance of the case )
- There must be connection or nexus between the restriction imposed and object
sought to be achieved
Restriction can be imposed only for 8 objectives - to protect
- Sovereignty or integrity of India
- Security of the state
- Relationship with the foreign state
- Contempt of the court
- Public order
- Morality or decency
- Defamation
- Incitement of an offence
Other than these objects - restriction cannot be imposed on anyone's freedom rights
Article 21 - Right to life and personal liberty - available to every person not limited to
citizens
Right to life is an inclusive term - it includes all the rights which makes human life
meaningful . it includes
- Live the life with human dignity
- Right to adopt the child
- Right to live a pollution free life
- Live with peach of mind
- Protection of nature etc
Duty of state to protect the right to life of every person - any person fi finds that he is
deprived of right to life can sue under article 21

Right to personal liberty - includes right to travel or right to move - if passport authority
is denying allotment of passport / visa been denied article 21 will be in force and action
can be taken against the authority

Article 21 A - RIGHT TO EDUCATION

It is the duty of the state to extend free and compulsory education to every child having
an age of 6-14 years - that is why government scoolks are maintained where free
education is been provided
Education beyond 14 years is not the duty of state
Even below 6 years is not - but under various national and state programs - baladi
aangan wadi is been maintained through governmental funding to support pre primary
education

Article 23 - Right against exploitation - any kind of human trafficking / forced labour /
forced begging - means of explaoitation and puncshable offences

Article -24 - Child labour is prohibited in

- Factories
- Mines
- In any other hazardous employments - in occupations and professions it is not
prohibited and will not lead to exploitation
-
Article 25 - One can follow any religion of his or her choice
Artilec 26 - One can organise religious affairs - puja path / lungar etc
Article 27 - State can charge taxes for a particular religion
Article 28 - Educational institutions can follow particular religion

Article 32 - any person whose FR is been infringed - He can demand for constitutional
remedy directly to SC - he need not to approach inferior court - a direct petition lies to SC
- he can demand for writ - a written order of HC /SC - to enforce fundamental right
Basics + FR 12-32 - CSeet - Test by 4 pm