Explain the Philosophy of Indian Constitution

• The philosophy of the Indian Constitution is rooted in a deep commitment to democracy,

social justice, secularism, and the fundamental rights and freedoms of its citizens. The
Constitution of India, adopted on January 26, 1950, serves as the supreme law of the
country, providing a comprehensive framework for the governance of the nation. o
Democracy: The Indian Constitution embodies the principles of democracy, ensuring that
power ultimately resides with the people. It establishes a parliamentary system of
government where citizens elect representatives to make decisions on their behalf.
Regular elections, universal adult suffrage, and the separation of powers between the
executive, legislature, and judiciary are some of the ways in which democracy is upheld. o
Social Justice: The Constitution strives for social justice and inclusivity, recognizing the
historical disadvantages faced by various marginalized and oppressed groups. It seeks to
promote equality and uplift the socially and economically disadvantaged through
affirmative action programs (reservations) and other welfare measures. The Directive
Principles of State Policy (DPSPs) enshrined in Part IV of the Constitution guide the state to
work towards securing social, economic, and political justice for all citizens. o Secularism:
India is a multi-religious and diverse society, and the Constitution embraces the principle
of secularism. It mandates the state to treat all religions impartially and not favor any
particular religion. The state is expected to maintain equidistance from religious
institutions and refrain from interfering in religious practices. Citizens have the freedom to
follow and propagate any religion of their choice. o Fundamental Rights: Part III of the
Indian Constitution lays down fundamental rights that guarantee individual liberties to all
citizens. These rights include the right to equality, right to freedom of speech and
expression, right to practice religion, right to life and personal liberty, and various other
rights. These fundamental rights are enforceable by the courts and are essential for
protecting the dignity and freedom of the citizens. o Rule of Law: The Indian Constitution
establishes the supremacy of the Constitution and the rule of law. It ensures that no one,
not even the government, is above the law. The judiciary plays a crucial role in upholding
the rule of law by acting as the guardian of the Constitution and having the power of
judicial review to strike down any law that violates the Constitution. o Federalism: India
follows a quasi-federal system where there is a division of powers between the central
government and the state governments. The Constitution delineates the powers and
responsibilities of both levels of government to maintain a balance between centralized
authority and regional autonomy. o Dignity and Integrity of the Individual: The Constitution
upholds the dignity and integrity of each individual, aiming to create a just and humane
society. It prohibits practices such as untouchability and discrimination, and it
emphasizes the importance of promoting harmony among diverse communities. o
Preamble: The Preamble of the Indian Constitution serves as its guiding philosophy. It
declares India to be a sovereign, socialist, secular, and democratic republic that assures
justice, liberty, equality, and fraternity for all its citizens. The Preamble reflects the
aspirations and goals of the Constitution and guides the interpretation and
implementation of its provisions. • The philosophy of the Indian Constitution is grounded
in the values of justice, liberty, equality, and fraternity, seeking to build a pluralistic and
inclusive society that respects the rights and freedoms of every individual.
Historical background and framing of the Indian Constitution (6m / 13m)
• The historical background and framing of the Indian Constitution is a fascinating journey
that reflects the struggle for independence and the vision for a sovereign, democratic, and
inclusive India. • Here’s an overview of the key events and milestones in the process: o
British Colonial Rule (1858-1947): India was under British colonial rule for nearly 200 years.
During this period, Indians fought for their rights and freedom from British domination
through various movements, such as the Indian National Congress and the Quit India
Movement. o Demand for Self-Government: As India’s independence movement gained
momentum, demands for self-government and constitutional reforms grew louder. The
Government of India Act of 1919 and the Government of India Act of 1935 introduced
limited legislative and administrative reforms, granting some provincial autonomy. o
Mountbatten Plan and Partition (1947): The mounting pressure for independence led to the
Mountbatten Plan, which proposed the partition of British India into two separate
dominions, India and Pakistan. On August 15, 1947, India gained independence from
British rule, and the Indian Independence Act of 1947 established the two dominions. o
Constituent Assembly of India: On December 9, 1946, the Constituent Assembly of India
was formed to draft a new Constitution for the independent nation. It was tasked with
creating a democratic and secular framework that would reflect the aspirations and
diversity of the Indian people. o Framing of the Constitution: The Constituent Assembly
held its first meeting on December 9, 1946, and appointed Dr. Rajendra Prasad as its
President. Dr. B.R. Ambedkar was appointed as the Chairman of the Drafting Committee,
responsible for preparing the initial draft of the Constitution. o Influence and
Contributions: The framing of the Indian Constitution drew from various sources of
inspiration, including the Government of India Act of 1935, the US Constitution, the British
parliamentary system, and various other constitutions from around the world. Several
prominent leaders, such as Jawaharlal Nehru, Sardar Vallabhbhai Patel, and Maulana Abul
Kalam Azad, made significant contributions to the debates and discussions in the
Constituent Assembly. o Debates and Deliberations: The Constituent Assembly conducted
rigorous debates and discussions on various issues, including fundamental rights,
federalism, the role of the President, language, and minority rights. The debates reflected
the diverse perspectives and concerns of the assembly members. o Adoption and
Enforcement: After almost three years of deliberations, the final draft of the Indian
Constitution was adopted on November 26, 1949. It came into effect on January 26, 1950,
marking India’s transformation into a democratic republic. This date is celebrated as
Republic Day in India. • The Indian Constitution is a remarkable document that reflects the
principles of democracy, secularism, social justice, and fundamental rights. It enshrines
the vision of India’s founding fathers and has stood the test of time, providing the
framework for the country’s governance and progress for over seven decades. The
Constituent Assembly’s efforts in framing the Constitution remain a defining moment in
India’s history and a testament to the collective spirit of nation-building and democratic
values.
The Preamble of India (6m / 13m)
• The Preamble of India is the introductory statement to the Indian Constitution. It serves as a preface to
the constitutional text and outlines the fundamental values, ideals, and objectives of the Indian nation.
The Preamble is considered the soul of the Constitution and reflects the collective aspirations of the
people of India. It was adopted on January 26, 1950, the day the Indian Constitution came into effect. • The
Preamble reads as follows:
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic, and
political; LIBERTY of thought, expression, belief, faith, and worship; EQUALITY of status and of
opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,
1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”
• Let’s understand the key elements and principles stated in the Preamble: o Sovereign: India is a
sovereign nation, which means it has full authority to govern itself and make its decisions without
interference from external forces. o Socialist: India embraces the principles of socialism, which aim to
reduce socio-economic disparities and ensure social and economic justice for all citizens. o Secular:
India is a secular country, where the state maintains equal distance from all religions and does not
promote or discriminate against any particular religion. o Democratic: India follows a democratic form of
governance, where the power to govern is vested in the hands of the people, who exercise their authority
through elected representatives. o Republic: India is a republic, with a head of state (the President) who is
elected by the people and holds a mostly ceremonial role. • The Preamble envisions a just, equitable, and
inclusive society where every citizen is treated with dignity and respect. It reflects the commitment to
safeguarding individual freedoms, promoting equality, and fostering unity among diverse communities.
The Preamble serves as a guiding light for the Constitution and provides a moral compass to the
governance of the country. Courts have often referred to the Preamble while interpreting the Constitution
and upholding its principles. It represents the collective vision of the framers of the Constitution for a
strong, democratic, and united India. Q. Purpose and Features of the Preamble of India (6m / 13m) • The
Preamble of the Constitution of India is an introductory statement that outlines the basic ideals,
objectives, and principles upon which the Indian Constitution is based. It serves as the guiding spirit and
soul of the Constitution
Q. Constitutional provision of Citizenship Act, 1955: (6m / 13m) • The Constitution of India does contain
provisions related to citizenship, which are primarily outlined in Part II (Articles 5 to 11). These articles
define the eligibility criteria for acquiring and losing Indian citizenship. • Here is a brief explanation of
these articles: o Article 5: This article deals with citizenship at the commencement of the Constitution. It
states that every person who has their domicile in the territory of India and either born in India or has
either of their parents born in India shall be considered a citizen of India. o Article 6: This article pertains
to the rights of citizenship of persons who migrated to India from Pakistan. It states that if a person
migrated to India from Pakistan before July 19, 1948, they shall be deemed to be an Indian citizen. o Article
7: This article deals with the rights of citizenship of persons who migrated to Pakistan after March 1, 1947.
It states that any person who migrated to Pakistan after the aforementioned date shall not be considered
a citizen of India. o Article 8: This article addresses the rights of citizenship of persons of Indian origin
residing outside India. It states that if a person of Indian origin or their parents or grandparents were born
in undivided India, and that person is residing outside India, they may be eligible for citizenship under
conditions specified by Parliament. o Article 9: This article deals with the termination of citizenship. It
states that any person who voluntarily acquires the citizenship of another country shall cease to be a
citizen of India. o Article 10: This article addresses the continuance of the rights of citizenship. It states
that any person who is a citizen of India at the commencement of the Constitution shall continue to be a
citizen of India. o Article 11: This article grants the power to Parliament to regulate matters related to
citizenship. It empowers Parliament to enact laws regarding the acquisition and termination of
citizenship, as well as other related matters. • These articles, along with other relevant provisions,
establish the framework for determining Indian citizenship.
Q. Salient Features of the Indian Constitution. (6m / 13m)
• The Indian Constitution is one of the most comprehensive and unique constitutions in
the world. It was adopted on January 26, 1950, and it serves as the supreme law of India,
providing the framework for the country’s governance. • Some of the salient features of the
Indian Constitution include: o Written Constitution: ▪ The Constitution of India is a written
document that lays down the fundamental principles, structure, and functions of the
government. It is the lengthiest written constitution in the world. o Largest and most
detailed constitution: ▪ The Indian constitution is the largest and most detailed
constitution in the world. ▪ It originally constituted 395 articles divided into 22 parts and 8
schedules o Rigidity and Flexibility (Amendment Procedure): ▪ From the standpoint of
amending the constitution, the Indian constitution is Flexible as well as right. ▪ Few
provisions require a simple majority and the rest of the provisions can be amended by a
special majority of parliament under Article 368 of the constitution. o Democracy: ▪ The
Democratic Government has been defined as the government of the people, run by the
people and for the people. ▪ In the Democratic System, the government is the head of the
state selected for a fixed period by the people. o Federal System with Unitary Features: ▪
India follows a federal system of government where power is divided between the central
government and the states. ▪ However, the Constitution also has unitary features that give
more power to the central government during emergencies or in certain matters. o
Fundamental Rights: ▪ The Constitution of India guarantees several fundamental rights to
its citizens, including the right to equality, freedom of speech and expression, right to life
and personal liberty, right to protection against discrimination, and right to constitutional
remedies. o Independent Judiciary: ▪ The Constitution establishes an independent
judiciary to interpret the laws and ensure their enforcement. The Supreme Court is the
highest judicial authority in the country, with the power of judicial review. o Secularism: ▪
The Constitution declares India as a secular state, guaranteeing freedom of religion to all
citizens and prohibiting discrimination on the grounds of religion. o Single Citizenship: ▪
Unlike some federal systems with dual citizenship, India has a single citizenship, where all
citizens are subject to the same set of rights and duties, regardless of their state of
residence. o Directive Principles of State Policy: ▪ The Directive Principles of State Policy
(DPSPs) are guidelines for the government to pursue social, economic, and political
justice. Though not legally enforceable, they are fundamental in the governance of the
country. • These features make the Indian Constitution a dynamic and inclusive document,
reflecting the aspirations and commitment of the framers to create a just, equitable, and
democratic society in India. It has served as a stable and adaptable foundation for India’s
governance since its adoption and continues to be a guiding force in the country’s
development.
Q. Fundamental Rights under the Constitution of India? (6m / 13m)
• The Constitution of India guarantees several fundamental rights to its citizens. These
rights are enshrined in Part III (Articles 12 to 35) of the Constitution. • Here are the key
fundamental rights recognized under the Constitution of India: o Right to Equality (Articles
14-18): ▪ Equality before law (Article 14): All individuals are equal before the law and have
equal protection under the law. ▪ Prohibition of discrimination (Article 15): The state is
prohibited from discriminating against any citizen on the grounds of religion, race, caste,
sex, or place of birth. ▪ Equality of opportunity in public employment (Article 16): There
should be equal opportunity for all citizens in matters of public employment, and no
discrimination is allowed on the aforementioned grounds. ▪ Abolition of untouchability
(Article 17): Untouchability, the practice of social discrimination based on caste, is
abolished, and its practice in any form is prohibited. 31 ▪ Abolition of titles (Article 18): The
state cannot confer any titles except military or academic distinctions, and no citizen can
accept any titles from a foreign state. o Right to Freedom (Articles 19-22): ▪ Freedom of
speech and expression (Article 19(1)(a)): Citizens have the right to express their thoughts,
opinions, and beliefs freely. ▪ Freedom of assembly (Article 19(1)(b)): Citizens have the
right to assemble peacefully and without arms. ▪ Freedom of association (Article 19(1)(c)):
Citizens have the right to form associations or unions. ▪ Freedom of movement (Article
19(1)(d)): Citizens have the right to move freely throughout the territory of India. ▪ Freedom
of residence and settlement (Article 19(1)(e)): Citizens have the right to reside and settle in
any part of India. ▪ Freedom of profession, occupation, trade, or business (Article 19(1)(g)):
Citizens have the right to choose and practice any profession, occupation, trade, or
business. o Right against Exploitation (Articles 23-24): ▪ Prohibition of traffic in human
beings and forced labour (Article 23): Trafficking in human beings, beggar (forced labour),
and other forms of forced labour are prohibited. ▪ Prohibition of child labour (Article 24):
Employment of children below the age of 14 in any hazardous occupation is prohibited. o
Right to Freedom of Religion (Articles 25-28): ▪ Freedom of conscience and the right to
profess, practice, and propagate any religion (Article 25). ▪ Freedom to manage religious
affairs (Article 26). ▪ Protection of religious institutions (Article 27). ▪ Freedom from paying
taxes for promoting a particular religion (Article 28). o Cultural and Educational Rights
(Articles 29-30): ▪ Protection of interests of minorities (Article 29): Any section of citizens
having a distinct language, script, or culture has the right to conserve and develop it. ▪
Right of minorities to establish and administer educational institutions (Article 30). o Right
to Constitutional Remedies (Article 32): Citizens have the right to move to the Supreme
Court for the enforcement of their fundamental rights. This article ensures the availability
of a constitutional remedy in case of violation of fundamental rights. • These fundamental
rights are considered essential for the protection and well-being of individuals and provide
a framework for ensuring equality, justice, and freedom in the country
Q. Article 12: Definition of State and concept of State Instrumentalities and agencies. (6m / 13m)
• Article 12 of the Indian Constitution defines what constitutes the “State” for the purpose of the
Constitution. It is a crucial provision as it determines the entities and authorities that are subject to the
fundamental rights guaranteed by the Constitution. • Article 12 states: o “Definition.—In this Part, unless
the context otherwise requires, the State includes the Government and Parliament of India and the
Government and the Legislature of each of the States and all local or other authorities within the territory
of India or under the control of the Government of India.” • The term “State” mentioned in Article 12
encompasses the following entities: o Government of India: This includes the executive branch of the
central government, which is responsible for the administration of the country at the national level. o
Parliament of India: The legislative body of the central government, consisting of the President, the Rajya
Sabha (Council of States), and the Lok Sabha (House of the People). o Government of each State: This
refers to the executive branch of the state governments, which are responsible for the administration of
each state in India. o Legislature of each State: The legislative body of each state government, which
consists of the Governor and the State Legislative Assembly. o Local or other authorities within the
territory of India: This includes various governmental and non-governmental bodies, agencies,
corporations, or institutions established by law or the Constitution, which perform public functions or are
under the control of the government. • The concept of “State Instrumentalities” and “State Agencies” is
derived from Article 12. While the term “State” explicitly includes the government and governmental
bodies, the courts have also interpreted it to include instrumentalities and agencies that perform
governmental or public functions. • “State Instrumentalities” refer to entities that are acting on behalf of
the government or are substantially controlled by the government. These instrumentalities may not be
formally part of the government or a governmental department but are vested with significant government
control. Examples of State Instrumentalities include public sector undertakings (PSUs), government
corporations, and statutory bodies. • “State Agencies” refer to organizations or authorities that are
created by the government to carry out specific functions or services of public importance. These
agencies may be set up to address specific issues, provide essential services, or perform regulatory
functions. • The inclusion of State Instrumentalities and State Agencies under Article 12 is crucial
because it brings them within the ambit of the fundamental rights guaranteed by the Constitution. This
ensures that these entities also adhere to the principles of justice, equality, and individual freedoms while
discharging their public functions. It enables citizens to seek remedies from the courts in case of any
violation of their fundamental rights by such instrumentalities or agencies.
Doctrine of Ultra Vires: The doctrine of ultra vires is applied by the courts to determine the validity of laws
in relation to the powers granted by the Constitution. If a law is found to be beyond the scope of the
powers granted to the legislature (either the Parliament or State Legislature), it is declared ultra vires
(beyond powers) and, therefore, invalid.
o Doctrine of Eclipse: The doctrine of eclipse is related to the concept of pre-constitutional laws. It states
that pre-constitutional laws that are inconsistent with fundamental rights are not void ab initio (from the
beginning) but are only in a dormant or eclipse state. When the Constitution is enacted, these laws are
overshadowed and rendered inoperative to the extent of their inconsistency with fundamental rights.
However, they can be revived if the Constitution is amended to remove the inconsistency.
o Doctrine of Severability: The doctrine of severability comes into play when a law contains both valid and
invalid provisions. The court can uphold the valid parts of the law while striking down the invalid portions.
This ensures that only the unconstitutional parts are declared void, and the rest of the law can continue to
operate.
o Doctrine of Waiver: The doctrine of waiver is relevant in cases where a person voluntarily gives up or
relinquishes a fundamental right. If an individual waives his/her fundamental right willingly, the courts
cannot later restore it unless there are compelling reasons to do so.
• These doctrines and the provisions of Article 13 are instrumental in protecting and upholding the
fundamental rights of citizens by ensuring that any law that violates these rights is deemed invalid and
unenforceable.
Article 21 and 21A: Right to Life and Personal Liberty & Right to Education. (6m)
• Article 21 – Right to Life and Personal Liberty: o Article 21 of the Indian Constitution
guarantees the fundamental right to life and personal liberty to all citizens. This right is
considered one of the most fundamental and essential rights, and it ensures the
protection of an individual’s life and personal liberty from arbitrary actions of the state. o
The scope of Article 21 is broad and has been interpreted expansively by the judiciary to
include a wide range of rights and freedoms. o Some of the key aspects covered under the
Right to Life and Personal Liberty include: ▪ Right to Life with Dignity: Article 21 includes
the right to live with human dignity, which encompasses access to basic necessities,
health care, clean environment, and adequate living conditions. ▪ Right to Personal
Liberty: This right ensures that an individual is not deprived of their personal liberty except
through the procedure established by law. It protects against unlawful detention or arrest.
▪ Right to Privacy: The right to privacy is considered to be an essential aspect of the Right
to Life and Personal Liberty. It ensures that individuals have control over their personal
information and private affairs. ▪ Right to Legal Aid: Article 21 includes the right to free
legal aid for those who cannot afford legal representation, ensuring access to justice for
all. ▪ Prohibition of Torture and Cruelty: The right to life and personal liberty also includes
the prohibition of torture, cruel, inhuman, or degrading treatment. o Article 21 has been
interpreted as the heart and soul of the Indian Constitution, and its scope continues to
evolve to protect and uphold various individual rights and freedoms. • Article 21A – Right to
Education: o Article 21A was inserted into the Indian Constitution by the 86th Amendment
Act, 2002, to make the Right to Education a fundamental right for children between the
ages of 6 and 14 years. It seeks to ensure that every child has access to free and
compulsory education up to the age of 14. o Key provisions of the Right to Education under
Article 21A include: ▪ Free and Compulsory Education: Article 21A makes it the duty of the
State to provide free and compulsory education to all children in the specified age group. ▪
Quality of Education: The State is also required to ensure that the education provided is of
good quality and meets certain essential standards. ▪ Prohibition of Discrimination: Article
21A prohibits discrimination in the admission and treatment of students in educational
institutions. ▪ Parental Responsibility: Article 21A imposes a responsibility on parents or
guardians to ensure that their children receive education. o The Right to Education is an
important step towards ensuring universal access to education and promoting a more
equitable and inclusive society. It is aimed at eliminating barriers to education and
empowering children with knowledge and skills for their overall development and future
opportunities.
Article 25-28 – Right to Religion (6m / 13m)
• The Constitution of India guarantees the right to freedom of religion to not
only individuals but also religious groups in India. This is enshrined in Articles
25 to 28. • Articles 25-28 of the Indian Constitution deal with the Right to
Religion and are collectively known as the “Right to Freedom of Religion.” These
articles safeguard an individual’s right to practice, profess, and propagate their
religion of choice. • Let’s explore each article and its provisions: o Article 25 –
Freedom of Conscience and Free Profession, Practice, and Propagation of
Religion: Article 25 guarantees the freedom of conscience and the right to
freely profess, practice, and propagate any religion of one’s choice. It ensures
that individuals have the liberty to follow their religious beliefs and rituals
without interference from the state or any authority. ▪ Key provisions of Article
25 include: ▪ Freedom of Conscience: Every person has the right to hold and
manifest their religious beliefs or non-beliefs according to their conscience. ▪
Freedom to Profess and Practice Religion: Individuals have the right to freely
profess and practice their religion without any restrictions. ▪ Freedom to
Propagate Religion: The right to propagate one’s religion means the right to
convey and promote religious beliefs to others, subject to public order,
morality, and other fundamental rights. o Article 26 – Freedom to Manage
Religious Affairs: Article 26 grants religious denominations and organizations
the right to manage their own religious affairs. ▪ This Article provides that every
religious denomination has the following rights, subject to morality, health, and
public order. ▪ The right to form and maintain institutions for religious and
charitable intents. ▪ The right to manage its own affairs in the matter of religion.
▪ The right to acquire immovable and movable property. ▪ The right to
administer such property according to the law. o Article 27 – Freedom from
Payment of Taxes for Promoting a Particular Religion: Article 27 ensures that no
person can be compelled to pay any taxes for the promotion or maintenance of
any particular religion or religious institution. This provision upholds the
secular character of the Indian state. o Article 28 – Freedom from Religious
Instruction in Educational Institutions Wholly Maintained by the State: Article
28 prohibits religious instruction in educational institutions that are wholly
maintained by the state. However, it allows educational institutions that are not
wholly maintained by the state to provide religious instruction if desired by
students or parents.
Article 32- Right to Constitutional Remedies and Public Interest Litigation (6m / 13m)
• Article 32 – Right to Constitutional Remedies: o Article 32 of the Indian Constitution
provides for the fundamental right to constitutional remedies. It is considered one of
the most important and powerful provisions in the Constitution, as it empowers
individuals to seek legal recourse from the Supreme Court of India for the
enforcement of their fundamental rights. o The key aspects of Article 32 are as
follows: ▪ Right to Move the Supreme Court: Any individual whose fundamental
rights are violated or threatened can directly approach the Supreme Court of India by
filing a writ petition. The Supreme Court has the authority to issue writs for the
enforcement of fundamental rights. ▪ Types of Writs: The Supreme Court can issue
five types of writs: habeas corpus (to produce a person unlawfully detained),
mandamus (to direct a public authority to perform its duties), prohibition (to prohibit
a lower court or authority from exceeding its jurisdiction), certiorari (to quash the
order of a lower court or authority), and quo warranto (to inquire into the authority of
a person holding public office). ▪ Guarantee of Enforcement: Article 32 guarantees
that the right to move the Supreme Court for the enforcement of fundamental rights
shall not be suspended except during a state of emergency. o The right to
constitutional remedies under Article 32 ensures that citizens have an effective
mechanism to protect their fundamental rights and hold the state accountable for
any violation of those rights. • Public Interest Litigation (PIL): o Public Interest
Litigation is a legal innovation that emerged as a means to ensure broader access to
justice and promote public welfare. PIL allows any individual or organization to file a
petition in the court on behalf of the public interest or a class of people who are
unable to approach the court directly. It is a way to address issues that affect a large
section of society, especially those who are marginalized or disadvantaged. o Key
features of Public Interest Litigation include: ▪ Standing of Petitioner: PIL allows any
public-spirited person or organization to file a petition on behalf of others, even if
they are not directly affected by the issue. This has expanded the scope of judicial
review and brought various socio-economic and environmental issues to the court’s
attention. ▪ Expanding Access to Justice: PIL has democratized access to justice by
enabling concerned citizens to raise important issues on behalf of those who may
not have the means or awareness to approach the court themselves. ▪ Advocating
for Public Interest: PIL is instrumental in advocating for the public interest, social
justice, and human rights. It has been used to address issues related to
environmental protection, child rights, women’s rights, right to education, and more.
o Public Interest Litigation has been a transformative tool in Indian jurisprudence,
ensuring that the courts can actively address societal problems and uphold the
principles of justice, equality, and democracy. It has played a significant role in
promoting social change and holding authorities accountable for their actions or
inactions that affect the public welfare.
. Directive Principles of State Policy (6m / 13m)
• The Directive Principles of State Policy (DPSP) are a set of guidelines and principles
enshrined in Part IV (Articles 36 to 51) of the Indian Constitution. These principles provide
the government with a framework for shaping policies and making laws to establish a just
and equitable society. While not legally enforceable like fundamental rights, they are
considered fundamental in the governance of the country. The DPSP aim to promote social
and economic justice, eliminate inequalities, and improve the overall welfare of the
people. • Here are the key features of the Directive Principles of State Policy along with the
corresponding articles: o Article 36 – Definition of the State: This article defines the “State”
for the purpose of interpreting the Directive Principles. It includes the government and
Parliament of India, the government and legislature of each state, and all local or other
authorities within the territory of India or under the control of the government of India. o
Article 37 – Application of the Principles contained in this Part: Article 37 states that the
DPSP shall not be enforceable by any court but are fundamental in the governance of the
country and the state shall aim to apply these principles in making laws. o Article 38 –
State to secure a Social Order for the promotion of Welfare of the People: Article 38
focuses on promoting the welfare of the people and directs the State to secure a social
order that promotes justice, social, economic, and political. o Article 39 – Certain
Principles of Policy to be followed by the State: Article 39 lays down the following
principles for the State to follow in its policy-making: a. To promote the welfare of the
people by securing and protecting, as effectively as it may, a social order in which justice,
social, economic, and political, shall inform all the institutions of the national life. b. To
direct its policy towards securing the ownership and control of the material resources of
the community to subserve the common good. c. To ensure that the operation of the
economic system does not result in the concentration of wealth and means of production
to the common detriment. d. To ensure equal pay for equal work for both men and women.
e. To protect workers, especially children, against exploitation and ensure just and
humane conditions of work. o Article 39A – Equal justice and free legal aid: This article
emphasizes that the State shall secure equal justice and provide free legal aid to ensure
that opportunities for securing justice are not denied to any citizen due to economic or
other disabilities. o Article 40 – Organisation of village panchayats: Article 40 directs the
State to take steps to organize village panchayats and endow them with necessary powers
and authority to enable them to function as units of self-government. o Article 41 – Right to
work, to education and to public assistance in certain cases: This article emphasizes that
the State shall, within the limits of its economic capacity and development, make effective
provision for securing the right to work, education, and public assistance in cases of
unemployment, old age, sickness, and disablement. o Article 42 – Provision for just and
humane conditions of work and maternity relief: Article 42 directs the State to make
provisions for ensuring just and humane conditions of work and maternity relief. o Article
43 – Living wage, etc., for workers: This article directs the State to secure, by suitable
legislation or economic organization or in any other way, to all workers, agricultural,
industrial, or otherwise, work, a living wage, conditions of work ensuring a decent standard
of life, full enjoyment of leisure, and social and cultural opportunities. o Article 43A –
Participation of workers in management of industries: Article 43A encourages the State to
take steps to secure the participation of workers in the management of industries. o Article
44 – Uniform civil code for the citizens: This article recommends the enactment of a
Uniform Civil Code to ensure a common set of laws governing personal matters,
applicable to all citizens irrespective of their religion. o Article 45 – Provision for free and
compulsory education for children: Article 45 urges the State to provide free and
compulsory education to all children up to the age of fourteen years. o Article 46 –
Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes,
and other weaker sections: This article directs the State to promote the educational and
economic interests of the Scheduled Castes, Scheduled Tribes, and other weaker
sections and protect them from social injustice and all forms of exploitation. o Article 47 –
Duty of the State to raise the level of nutrition and the standard of living: Article 47 states
that it is the duty of the State to raise the level of nutrition and the standard of living and to
improve public health. o Article 48 – Organization of agriculture and animal husbandry:
Article 48 directs the State to organize agriculture and animal husbandry on modern and
scientific lines and take steps for preserving and improving the breeds, and prohibiting the
slaughter, of cows and calves and other milch and draught cattle. o Article 48A – Protection
and improvement of environment and safeguarding of forests and wildlife: Article 48A
emphasizes the State’s duty to protect and improve the environment and to safeguard
forests and wildlife. o Article 49 – Protection of monuments and places and objects of
national importance: Article 49 states that the State shall protect every monument or
place or object of artistic or historic interest declared by or under law made by Parliament
to be of national importance from spoliation, disfigurement, destruction, removal,
disposal, or export, as the case may be. o Article 50 – Separation of the judiciary from the
executive: Article 50 emphasizes that the State shall take steps to separate the judiciary
from the executive in the public services of the State. o Article 51 – Promotion of
international peace and security: Article 51 directs the State to promote international
peace and security, maintain just and honourable relations between nations, foster
respect for international law, and encourage settlement of international disputes by
arbitration. • The Directive Principles of State Policy play a significant role in guiding the
government’s policies and actions in promoting social and economic justice and ensuring
the welfare of the people. While not enforceable in a court of law, these principles serve as
a moral compass for the State to achieve the ideal of a just and egalitarian society. The
harmonious integration of the Directive Principles with the Fundamental Rights forms the
foundation of the Indian Constitution, reflecting the nation’s commitment to uphold the
principles of justice, liberty, equality, and fraternity.
Fundamental duties under the Constitution (6m / 13m)
• Fundamental Duties are a set of moral and civic responsibilities that are enshrined
in Part IV-A of the Indian Constitution, added by the 42nd Amendment Act in 1976.
These duties were inspired by the principles of “Dharma” and were incorporated to
promote a sense of social consciousness, citizenship, and national integrity among
the people of India. • As per Article 51A, the Fundamental Duties are as follows: o To
abide by the Constitution and respect its ideals and institutions: Every citizen of
India is duty-bound to uphold and respect the values and principles of the
Constitution and the institutions it establishes. o To cherish and follow the noble
ideals that inspired India’s freedom struggle: Citizens are expected to honor and
follow the values and ideals that guided India’s struggle for independence, such as
democracy, equality, and social justice. o To uphold and protect the sovereignty,
unity, and integrity of India: It is the duty of every citizen to safeguard the sovereignty,
unity, and territorial integrity of India and work towards promoting a sense of
national pride and unity. o To defend the country and render national service when
required: Citizens have a duty to serve in the defense forces or perform national
service when necessary for the security and defense of the country. o To promote
harmony and the spirit of common brotherhood among all people of India: Citizens
are encouraged to foster a spirit of mutual respect, tolerance, and brotherhood
among all individuals, transcending barriers of religion, language, region, or culture.
o To value and preserve the rich heritage of India’s composite culture: Citizens
should protect and promote India’s diverse cultural heritage and promote
understanding and appreciation of its composite culture. o To protect and improve
the natural environment, including forests, lakes, rivers, and wildlife: Every citizen
has a duty to protect and conserve the environment, including forests, lakes, rivers,
and wildlife, for the well-being of present and future generations. o To develop a
scientific temper, humanism, and the spirit of inquiry and reform: Citizens should
cultivate a scientific and rational outlook, humanism, and a spirit of inquiry to
promote knowledge and progress. o To safeguard public property and abjure
violence: Citizens must respect and protect public property and renounce violence
in all forms. o To strive towards excellence in all spheres of individual and collective
activity: It is the duty of every citizen to strive for excellence in their personal and
collective endeavours for the betterment of society. • While the Fundamental Duties
are not legally enforceable and do not provide for direct penalties for non-
compliance, they play a significant role in promoting civic consciousness,
patriotism, and a sense of responsibility among the citizens of India. They
complement the Fundamental Rights and collectively shape the character and
conscience of Indian citizens, fostering a culture of responsible and participatory
citizenship.
Q. Supreme Court, High Court (Part V, Chapter IV and Part VI Chapter V) (6m / 13m)
• In the Indian Constitution, the judiciary is established as an independent and
powerful institution to uphold the rule of law, protect the rights of citizens, and
interpret the Constitution. The judiciary is divided into two main levels: the Supreme
Court of India and the High Courts. These are outlined in Part V (The Union) and Part
VI (The States) of the Constitution. • Supreme Court of India (Part V, Chapter IV): o
Composition: Article 124 of the Constitution establishes the Supreme Court of India,
which consists of the Chief Justice of India (CJI) and a maximum of 33 other judges.
The President of India appoints the judges in consultation with the CJI and other
senior judges. o Jurisdiction: The Supreme Court is the highest court of appeal in
India and has both original and appellate jurisdiction. It hears cases related to the
interpretation and enforcement of the Constitution and has the power to resolve
disputes between the Union and State governments or between States. It also hears
appeals from High Courts and other tribunals. o Advisory Jurisdiction: The President
of India can seek the Supreme Court’s opinion on any question of law or public
importance (Article 143). While such opinions are not binding, they are generally
considered persuasive. o Protector of Fundamental Rights: The Supreme Court plays
a crucial role in protecting and upholding the Fundamental Rights of citizens. It can
issue writs for the enforcement of Fundamental Rights (Article 32). o Judicial Review:
The Supreme Court has the power of judicial review, allowing it to examine the
constitutionality of laws and executive actions. It ensures that no law or action
violates the provisions of the Constitution.
• High Courts (Part VI, Chapter V): o Composition: Each State in India has its own
High Court. Article 214 establishes the High Courts as the highest judicial authority
at the State level. The President of India appoints the Chief Justice of a High Court in
consultation with the CJI and other senior judges. o Jurisdiction: High Courts have
original jurisdiction to hear cases involving substantial questions of law or disputes
between the State government and citizens. They also have appellate jurisdiction
over lower courts within the State. o Protector of Fundamental Rights: Similar to the
Supreme Court, High Courts have the power to issue writs for the enforcement of
Fundamental Rights (Article 226). o Judicial Review: High Courts can also exercise
judicial review and examine the constitutionality of laws and executive actions
within their respective State. o Controlling Authority over Subordinate Courts: High
Courts have administrative control over subordinate courts within their State. They
can transfer cases and take disciplinary action against judicial officers. • The
Supreme Court and High Courts form a hierarchical and integrated system of
judiciary in India. While the Supreme Court is the apex body with the highest judicial
authority, the High Courts play a crucial role in ensuring justice at the State level and
upholding the rights of citizens within their respective States. Together, they work to
maintain the rule of law, protect constitutional values, and safeguard the rights and
liberties of the people.
Official languages (Part VII) (6m / 13m)
• Part VII of the Indian Constitution deals with the provisions related to “Official Language.”
India is a linguistically diverse country, with a vast number of languages spoken across its
states and regions. To maintain unity and facilitate effective communication, the
Constitution provides for the recognition of certain languages as official languages at the
central and state levels. • The key provisions of Part VII are as follows: o Official Language
of the Union (Article 343): Article 343 states that the official language of the Union of India
shall be Hindi in the Devanagari script. However, English shall continue to be used for
official purposes until a resolution is passed by the Parliament for discontinuing its use as
an official language. o Regional Languages (Article 345): Article 345 empowers the states to
adopt any language used in their legislature as the official language of the state. It allows
states to choose one or more languages spoken within their territory for official purposes.
o Language of the Supreme Court and High Courts (Article 348): The Constitution allows for
the use of both English and Hindi for proceedings in the Supreme Court and the High
Courts. The Governor of a state can authorize the use of any language other than English
for proceedings in the High Court, based on the needs and preferences of that state. o
Authoritative Texts of Laws (Article 348): The authoritative texts of all laws passed by
Parliament and the proceedings of the legislative bodies at the Union and State levels are
to be in the official language of the respective states or in Hindi, as provided by the
Constitution. o Commission and Committee for Official Language (Article 344 and Article
344A): Article 344 provides for the creation of a Commission by the President of India to
recommend measures for the effective implementation of Hindi as the official language
and the progressive use of the Hindi language. Article 344A deals with the establishment of
a Committee to review the progress of the use of the Hindi language. o Compulsory Use of
Official Language (Article 346): Article 346 allows the Legislature of a State to adopt any
one or more of the languages in use in the State, or Hindi, as the language to be used for
official purposes of that State. It can also restrict the use of the English language within the
State. • It is essential to note that while Hindi is the official language of the Union, English
continues to be used extensively for official purposes, especially in communication at the
national level and in higher education. This is to accommodate the linguistic diversity of
the country and ensure that language does not become a barrier in governance and
communication.
1. Golaknath v. State of Punjab (1967): - In this case, the Supreme Court took a proactive
stance by holding that the Parliament's power to amend the Constitution is not unlimited. -
The court held that certain fundamental rights are beyond the amending power of
Parliament and cannot be altered or abrogated. - This judgment marked a significant
instance of judicial activism, as the court interpreted the Constitution to protect
fundamental rights and limit the amending power of the legislature.
2. Kesavananda Bharati v. State of Kerala (1973): - This landmark case is considered a
milestone in Indian constitutional jurisprudence and reaffirmed the doctrine of basic
structure. - The Supreme Court held that there are certain basic features of the
Constitution that cannot be amended, including the principles of democracy, federalism,
secularism, and the protection of fundamental rights. - This judgment exemplifies judicial
activism as the court played a crucial role in protecting and preserving the basic structure
of the Constitution.
3. Vishaka v. State of Rajasthan (1997): - In this case, the Supreme Court addressed the
issue of sexual harassment in the workplace, which was not adequately addressed by
legislation at the time. - The court laid down guidelines to protect women from sexual
harassment, highlighting the importance of fundamental rights and gender equality. - This
judgment demonstrates judicial activism as the court filled the legislative void by issuing
guidelines to safeguard women's rights and promote a safe working environment.
4. People's Union for Civil Liberties v. Union of India (2002): - In this case, the Supreme
Court examined the issue of custodial violence and the lack of effective mechanisms to
prevent torture and protect the rights of prisoners. - The court highlighted the importance
of human rights and directed the government to take measures to prevent custodial
violence, including the installation of CCTV cameras in police stations. - This judgment
reflects judicial activism as the court intervened to address the issue of human rights
violations and provided directions for effective safeguards.