Constitution of India Notes

Notes: Constitution of India

1. Constitution of India – Overview

Came into force on 26 January 1950.
Originally contained 395 Articles, 22 Parts, and 12 Schedules.
It is the supreme law of the land.
All legislative, executive, and judicial powers derive from the Constitution.
Provides:
- Structure of Government
- Fundamental Rights
- Directive Principles of State Policy (DPSPs)
- Duties and powers of authorities

2. Preamble of the Constitution

Key Words

India is a:

Sovereign
Socialist
Secular
Democratic
Republic

Objectives

The Constitution aims to secure:

Justice
- Social
- Economic
- Political
Liberty
- Thought
- Expression
- Belief
- Faith
- Worship
Equality
- Status
- Opportunity
Fraternity
- Dignity of individual
- Unity and integrity of nation

Importance

Reflects the philosophy of the Constitution.
Source of guidance for constitutional interpretation.

3. Nature of Indian Constitution

Federal Features

India is federal with unitary features.

Characteristics of Federalism

Dual Government (Union & States)
Distribution of powers
Supremacy of Constitution
Independent Judiciary
Written Constitution
Rigid Amendment Procedure

Peculiar Features of Indian Federalism

Federation not formed by agreement among sovereign states.
States were not originally sovereign.
Single citizenship.
Single judiciary.
Residuary powers vested in Union.

Important Case

Kesavananda Bharati v. State of Kerala
- Federalism forms part of the Basic Structure.

4. Fundamental Rights (Part III)

Objective

To secure:

Liberty
Equality
Dignity
Protection from State arbitrariness

Six Fundamental Rights

Right to Equality (Arts. 14–18)
Right to Freedom (Arts. 19–22)
Right against Exploitation (Arts. 23–24)
Right to Freedom of Religion (Arts. 25–28)
Cultural and Educational Rights (Arts. 29–30)
Right to Constitutional Remedies (Art. 32)

Right to Property

Removed as Fundamental Right by 44th Amendment (1978).
Now a Legal Right under Article 300A.

5. Article 12 – Definition of State

“State” includes:

Government and Parliament of India
State Governments and Legislatures
Local Authorities
- Municipalities
- Panchayats
- District Boards
Other Authorities under Government control

Tests to Determine “State”

From Ajay Hasia v. Khalid Mujib:

Entire share capital held by Government.
Major financial assistance by Government.
Monopoly conferred by Government.
Deep and pervasive control.
Public functions.
Government department transferred to corporation.

Examples of State

ONGC
IDBI
Electricity Boards
Delhi Transport Corporation

Not State

NCERT
Cochin Stock Exchange

Important Case

Ajay Hasia

6. Article 13 – Laws Inconsistent with Fundamental Rights

Existing Laws (Art. 13(1))

Pre-Constitution laws inconsistent with FRs become void to the extent of inconsistency.

Future Laws (Art. 13(2))

State cannot make laws violating Fundamental Rights.
Such laws become void.

Meaning of Law

Includes:

Ordinance
Rule
Regulation
Notification
Custom
Usage

7. Doctrines under Article 13

(A) Doctrine of Severability

Only unconstitutional part becomes void.
Remaining valid portion survives if independent.

Case

A.K. Gopalan

(B) Doctrine of Eclipse

Pre-Constitution law inconsistent with FRs becomes dormant (eclipsed).
Revives if inconsistency removed.

Case

Bhikaji Narain Dhakras

(C) Doctrine of Waiver

Fundamental Rights cannot be waived.

Case

Basheshar Nath

8. Right to Equality (Articles 14–18)

Article 14

Equality Before Law

No special privileges.
Everyone subject to ordinary law.

Equal Protection of Laws

Similar treatment for similarly situated persons.

Valid Classification Test

A classification is valid if:

Intelligible Differentia exists.
Rational Nexus with objective of law exists.

Important Cases

Ram Kishan Dalmia
Maneka Gandhi
Ajay Hasia

Key Principle

Article 14 prohibits class legislation, not reasonable classification.

9. Article 15 – Prohibition of Discrimination

State shall not discriminate on grounds only of:

Religion
Race
Caste
Sex
Place of Birth

Exceptions

Article 15(3)

Special provisions for:

Women
Children

Article 15(4)

Special provisions for:

Socially and Educationally Backward Classes
SCs
STs

Article 15(5)

Reservation in educational institutions.

Article 15(6)

Reservation for:

Economically Weaker Sections (EWS)

Maximum:

10% reservation

10. Article 16 – Equality in Public Employment

Guarantees

Equal opportunity in public employment.

Exceptions

Residence requirement (Parliament may prescribe).
Reservation for backward classes.
Reservation in promotion for SC/ST.
Carry forward of vacancies.
Religious institutions exception.
EWS reservation up to 10%.

Important Case

Umadevi

11. Right to Freedom (Articles 19–22)

Article 19 – Six Freedoms

Citizens have right:

Freedom of Speech and Expression
Freedom of Assembly
Freedom of Association
Freedom of Movement
Freedom of Residence
Freedom of Profession, Trade, Occupation or Business

(Right to Property removed)

Freedom of Speech and Expression

Includes:

Freedom of Press
Right to Publish
Right to Circulate Ideas
Right to Information
Right to Reply
Right to Remain Silent
Right to Fly National Flag

Restrictions (Article 19(2))

In interests of:

Sovereignty and Integrity
Security of State
Friendly relations with foreign states
Public Order
Decency and Morality
Contempt of Court
Defamation
Incitement to offence

Important Cases

Romesh Thapar
Bijoe Emmanuel
Naveen Jindal

Freedom of Assembly

Restrictions:

Sovereignty & Integrity
Public Order

Must be:

Peaceful
Without arms

Freedom of Association

Includes:

Form associations
Form unions
Form cooperative societies

Restrictions:

Sovereignty & Integrity
Public Order
Morality

Freedom of Movement

Move freely throughout India.

Restrictions:

General Public Interest
Protection of Scheduled Tribes

Freedom of Residence

Right to settle anywhere in India.

Restrictions:

General Public Interest
Protection of Scheduled Tribes

Freedom of Trade, Occupation and Business

State may impose:

Reasonable restrictions
Professional qualifications
State monopolies

Important Case

Chintaman Rao

12. Article 20 – Protection in Criminal Matters

Three Protections

(1) Ex-Post Facto Law

No punishment under retrospective criminal law.

(2) Double Jeopardy

No person punished twice for same offence.

(3) Self-Incrimination

No person compelled to be witness against himself.

Important Case

Selvi

13. Article 21 – Protection of Life and Personal Liberty

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Scope

Includes:

Right to live with dignity
Right to clean environment
Right against noise pollution
Right to privacy
Various human rights necessary for meaningful life

Important Cases

A.K. Gopalan
Maneka Gandhi

Exam-Oriented One-Liners

Constitution came into force: 26 January 1950
Fundamental Rights: Part III
DPSPs: Part IV
Article 12: Definition of State
Article 13: Judicial Review
Article 14: Equality Before Law
Article 15: No Discrimination
Article 16: Equal Public Employment
Article 19: Six Freedoms
Article 20: Protection in Criminal Cases
Article 21: Right to Life and Personal Liberty
Doctrine of Eclipse Case: Bhikaji Narain
Doctrine of Severability Case: A.K. Gopalan
Basic Structure Case: Kesavananda Bharati