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INDIAN CONSTITUTION

COURSE OBJECTIVES:

▪ To know about the basic structure of Indian Constitution.

▪ To know the Fundamental Rights, DPSP’s and Fundamental Duties (FD’s) of our constitution.
▪ To know about our Union Government, political structure & codes, procedures.
▪ To know the State Executive & Elections system of India.
▪ To learn the Amendments and Emergency Provisions, other important provisions.

MODULE -1

Indian Constitution: Necessity of the Constitution, Societies before and after the Constitution
adoption. Introduction to the Indian constitution, Making of the Constitution, Role of the
Constituent Assembly.

NECESSITY FOR A CONSTITUTION

Framework for Governance: Provides a clear structure for governance and ensures an organized
distribution of power.
Rule of Law: Establishes the rule of law, ensuring that everyone, including government officials,
is subject to the law.
Protection of Rights: Safeguards fundamental rights and freedoms of citizens against any
arbitrary actions of the government.
Social Justice: Promotes social justice by ensuring equality before the law and addressing social
inequalities.
National Unity: Fosters a sense of national unity and integrity by laying down common rules and
principles.
Societies Before and After the Constitution Adoption
1. Societies Before the Constitution:
Colonial Rule: India was under British colonial rule before adopting its constitution, leading to
significant socio-economic inequalities and political disenfranchisement.
Lack of Rights: There were limited civil rights, with the colonial government having extensive
powers to suppress dissent and opposition.
Social Inequalities: Society was marked by deep-seated social hierarchies and discrimination,
particularly based on caste, religion, and gender.
2. Societies After the Constitution Adoption:
Democratic Governance: India transformed into a democratic republic with a government elected
by the people, for the people.
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Fundamental Rights: The Constitution enshrined fundamental rights, such as equality before the
law, freedom of speech, and the right to constitutional remedies.
Social Reforms: Initiated social reforms aimed at eradicating caste-based discrimination and
promoting social justice.
Economic Development: Laid the groundwork for economic policies aimed at promoting
development and reducing poverty.
Introduction to the Indian Constitution
Structure of the Indian Constitution: The Indian Constitution originally consisted of 395
Articles, 22 parts, 8 Schedules. But after the Constitution 104th Amendment Act, 2023, the Indian
Constitution Consists of 448 Articles, 25 parts, 12 Schedules.
Preamble: The Preamble of the Indian Constitution outlines the objectives of justice, liberty,
equality, and fraternity, reflecting the aspirations of the people.
▪ Date of Adoption 26-11-1949 (celebrated as Law Day)
▪ Date of commencement 26-01-1950
▪ It is a document which contains:
▪ Details of how to govern the country.
▪ Rules and regulations
▪ Defines the powers of the government.
▪ Procedures and rules so that people can live peacefully.
▪ It is binding on everyone.
Drafting the Constitution
▪ Drafting committee was formed with 8 members, under the chairmanship of Dr. B.R.
Ambedkar.
▪ The committee studied the constitutions of various countries and took the good features from
every constitution and included them in the Indian Constitution.
▪ The draft was prepared by February 1948.
ADOPTION OF THE CONSTITUION:
▪ On 26/11/1949 the constitution was finally approved & signed the member of the constituent
assembly.
▪ Came into effect on 26 January 1950.
▪ India became a republic & Dr. Rajendra Prasad was the first President.
▪ Although the constitution as a document was ready in November 1949 our leaders decided to
wait till 26th January 1950 to adopt the Constitution.
Debates of constituent Assembly relating to drafting of constitution.
▪ Constituent Assembly was to have 389 members.
▪ 296 were to be from British India
▪ 93 from the princely Indian states.
▪ Initially the Constituent Assembly comprised only of members from British India.
▪ 3 June, 1947, a separate Constituent Assembly was set up for Pakistan
▪ First Session: 9-23 December, 1946
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▪ Second Session: 20-25 January 1947

▪ Third Session: 28 April - 2 May 1947
▪ Fourth Session: 14-31 July 1947
▪ Fifth Session: 14-30 August 1947
▪ Sixth Session: 27 January 1948
▪ 7th Session: 4 November - 8 January 1949
▪ 8th Session: 16 May - 16 June 1949
▪ 9th Session: 30 July - 18 September 1949
▪ 10th Session: 6-17 October 1949
▪ 11th Session: 14-26 November 1949
▪ On 13 December 1946, Pandit Jawaharlal Nehru moved the Objectives Resolution
▪ Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947
▪ On 29 August 1947, the Constituent Assembly set up a Drafting Committee
Supremacy of Constitution
● No laws or actions can violate a nation’s constitution.
● It can exist in countries with a broad range of govts.
● Constitutional supremacy is viewed as a check on governmental power.
● system of government in which the law-making freedom of parliamentary supremacy cedes to
the requirements of a Constitution.
● In constitutional democracy: the Constitution is supreme & not parliament, executive, armed
forces or judiciary.
● Once the Constitution has been written & approved by the people, parliament is not above the
Constitution.
● Law which is in conflict with the Constitution can be struck down by the Supreme Court.
Influence of other constitutions Government Influence
United Kingdom: Parliamentary government, Concept of single citizenship, Rule of law, The
legislative speaker and their role, Legislative procedure
United States, Bill of Rights, Federal structure of government, Electoral College, Independent
judiciary and separation of powers, Judicial review, President as commander-in-chief of the armed
forces, Equal protection under law
Ireland: Directive principles of state policy
Australia: Freedom of trade between states, National legislative power to implement treaties, even
on matters outside normal federal jurisdiction, Concurrent List, Preamble terminology
France: Notions of liberté, égalité, fraternité
Canada: Quasi-federal government—a federal system with a strong central government,
Distribution of powers between the central and state governments, Residual powers, retained by
the central government]
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Soviet Union: Fundamental Duties under article 51-A, Mandated planning commission to oversee
economic development.
Weimar Republic: The emergency provision under article 356
South Africa: Amending the constitution.
Japan: Due process
MODULE-2

Salient features of India Constitution. Preamble of Indian Constitution & Key concepts of the
Preamble. Fundamental Rights (FR’s) and its Restriction and limitations in different Complex
Situations.

SALIENT FEATURES OF INDIAN CONSTITUTION

1. Preamble:
The Preamble, the preface to the constitution, describes the source nature, ideology, goals and
objectives of the constitution. It describes India as a sovereign socialist, secular, democratic
republic and underlines the-national objective of social just: economic justice and political justice
as well as fraternity. It emphasizes the dignity of the individual and the unity and integrity of the
nation. It declares that in India the people sovereign.
2. Written Constitution: There are two types of constitutions in the world. Most of the
constitutions are written. The first modern written constitution was the American constitution. On
the other hand, the British constitution is unwritten. In India, we have a written constitution.
3. Longest Constitution: The Constitution of India is the longest one in the world. Originally it
had 395 Articles and 8 schedules.
4. Partly Rigid, Partly Flexible: Whether a constitution is rigid or flexible depends on the nature
of amendment. If the constitutional laws and ordinary laws are amended separate ways, it is a rigid
constitution. On the contrary, in a flexible constitution constitutional laws and ordinary laws are
amended in the same way. Some provisions of the Constitution of India can be amended by the
Indian Parliament with simple majority. The amendment of most other provisions of the
constitution requires a special majority in both houses of the parliament. There are some other
provisions of constitution which cannot be amended by the parliament alone.
5. Parliamentary form of government: In India, there is a parliamentary form of government.
The majority party in the Lower House (Lok Sabha) forms government. In Presidential form of
government, the President is the executive head. In India, the President is only the nominal head.
India has adopted the Parliamentary system as found in Britain. In this system, the executive is
responsible to the legislature, and remains in power only as long and it enjoys the confidence of
the legislature.
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6. Federal Government with Unitary Bias: India is a federation, although word 'federation' does
not find a place in the whole text of the Indian Constitution. The elements of federation are present
in the Indian Constitution. There is dual polity and there is constitutional division of powers
between the centre and the states. There is also an independent judiciary. The Governor acts as the
agent of the centre.
7. Fundamental Rights: The Fundamental Rights are guaranteed to the individuals by our
constitution. These are enumerated in Pail III of the constitution. These rights are fundamental
because they are basic to the moral and spiritual development of the individual and these rights
cannot be easily abridged by the parliament. Now the citizen enjoys six fundamental rights,
originally there were seven fundamental rights. One of them was taken away from Part III of the
constitution by the Forty-fourth Amendment Act, 1978. As a result, the Right to Property is no
longer a fundamental right. Since 1978, it has become a legal right.
8. Directive Principles of State Policy: Part IV of the constitution. They are instructions or
directives from the constitution to the state and the government. It is the duty of the government
to implement them. Originally there were 20 Directive Principles. Three more were added by the
42nd Amendment Act, 1976. Thus, in total, there are now 23 Directive Principles.
Some of the important Directive Principles are: (1) There should not be concentration of wealth
and means of production to the detriment of common man; (2) There should be equal pay for equal
work for both men and women; (3) Workers should be paid adequate wage; (4) Weaker sections
of the people, Scheduled Caste and Scheduled Tribe people should be given special care; (5) The
state should promote respect for international law and international peace.
9. An Independent and Integrated Judiciary: The judiciary in India is independent and
impartial. It is an integrated judiciary with the Supreme Court at the apex of the hierarchy. The
High Courts stand in its middle, and the lower courts are located at its bottom. The Supreme Court
and the High Court have the power of Judicial Review. They have the power to declare acts of
legislatures and actions of the Executive ultra such acts or actions are found to be in conflict with
the provisions of the constitution.
10. Universal Franchise: Article 326 of the Constitution of India provides universal adult
suffrage. The voting age has now come down from 21 to 18. Anybody who has completed 18 years
of age is eligible to vote in general elections. This is one of the most revolutionary aspects of Indian
democracy.
11. Secularism: India is a secular state. Although the 42nd Amendment Act, inserted the word
'secular' in the Preamble to the constitution, India has been secularism since independence. In
India, there is no State Religion.
12. Single Citizenship: In the United States of America, there is double citizenship. An American
is a citizen of America and at the same time he is also a citizen of the 50 States of America. In
India, there is only single citizenship. An Indian is a citizen of India only. He is not a citizen of
any Indian state. Single citizenship is meant to s national unity and national integration.
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13. Fundamental Duties: Ten Fundamental Duties were inserted in Part IV of the constitution
42nd Amendment Act, 1976. Some of the important Fundamental Duties are:
(1) To abide by the constitution and respect the ideals and institutions, the national flag and the
national anthem; (2) To uphold and protect the sovereignty, unity and integrity of India; (3) To
defend the country and render national service; (4) To protect and improve the natural
environment; (5) To safeguard public property and to abjure violence.
A new Article - Article 51-A enumerates ten Fundamental Duties. These duties are assigned only
to citizens and not to aliens. These duties are not justifiable, but, in case of conflict, they will
prevail over Fundamental Rights.
14. Welfare State: Our constitution aims at building a Welfare State. It provides for development
of weaker and depressed sections of the society. It underlines the need of improving the conditions
of women, Scheduled Castes and Scheduled Tribes who have remained neglected.
15. Democratic System: Our constitution lays a lot of emphasis on democratic values, and a
number of democratic institutions have been established to give shape to these values. The centre,
states and local self-governing bodies follow democratic principles, and all elections from gram
panchayat to parliament are democratically held.

PREAMBLE: REFLECTION OF CONSTITUTION

Significance of Preamble
⮚ Short introduction to Indian Constitution
⮚ Key to open the constitution
⮚ Statement given in the beginning
⮚ Contains the main object of the Act
⮚ Preamble specifies the date of adoption of the Constitution on 26 November, 1949.
⮚ ‘We the People of India: ultimate sanction, reflects constitution as the will of the people,
not imposed by external authority
Sovereign: State has power to make in confrontation with the constitution
Socialist: added by 42nd amendment for the welfare of whole society
Secular; added by 42nd amendment: state does not possess any particular religion
Democratic: Govt is of the people, by the people & for the people
Republic: govt will be elected functionary & not a monarch

Source, Aim &Objective of Preamble.

● The Preamble categorically accepts the principle of Popular Sovereignty.
● Preamble describes 5cardinal features of the Indian state:
(1) India is a Sovereign State:
(2) Socialist sate
(3) Secular state
(4) Democratic state
(5) Republic
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● Four Objectives of the Indian State:

❖ Justice
1. Social justice
2. Economic justice
3. Political justice
❖ Liberty
❖ Equality
❖ Fraternity
Purpose of the preamble is to clarify:
❖ who has made the constitution,
❖ what is its source,
❖ what is the ultimate sanction behind it,
❖ What is the nature of the polity which is sought to be established by the constitution?
● Preamble to Indian constitution is based on “Objective Resolution” of Nehru. Jawaharlal Nehru
introduced an objective resolution on December 13, 1947. It was adopted by Constituent
assembly on 22 January 1947
● Committee adopted the expression ‘Sovereign Democratic Republic’ in place of ‘Sovereign
Independent Republic’ as used in the “Objective Resolution,”
● Preamble was drafted by Sh. B. N. Rau in his memorandum of May 30, 1947 & reproduced in
the Draft of October 7, 1947.
Object, Purpose and Scope of the Preamble
● Preamble does not grant any power but it gives a direction and purpose to the Constitution.
● It outlines the objectives of the whole Constitution.
● Contains the fundamentals of the constitution.
● The preamble to an Act sets out the main objectives which the legislation is intended to achieve.
● Function: to explain & recite certain facts which are necessary to be explained &recited, before the
enactment contained in an act of Parliament could be understood.
● Used to limit the scope of certain expressions or to explain facts or introduce definitions.

The Preamble serves the following purposes:

a) It indicates the source from which the Constitution comes, viz., the people of India.

b) It contains the enacting clause which brings into force, the Constitution which makes it an act of the
people, for the people and by the people.

It declares the rights and freedoms which the people of India intended to provide to all citizens and
the basic type of government and polity which was to be established.
Amendments relating to preamble.
⮚ In Kesavananda Bharati v. State of Kerala, 1973, Supreme Court has held that Preamble is the
part of the constitution & it can be amended but, Parliament cannot amend the basic features of
the preamble.
⮚ amended by the 42nd Amendment Act, 1976
⮚ Words Socialist, Secular and Integrity were added to the preamble
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3) FUNDAMENTAL RIGHTS
1. Right to Equality (Article 14 to 18): According to this right all citizens of the country are equal
in eyes of law. Everyone has the equal opportunity to get the government job. The untouchability
has been abolished. All other types of titles also have been abolished except the educational
degrees. 2 concepts involved in Article 14: Equality before law & Equal protection of law
2. Right to Freedom (Article 19 to 22): According to this right every Indian citizen enjoys the
following seven fundamental freedoms :
(i) Freedom of speech and expression.
(it) Freedom of assembly peacefully and without arms.
(iii) Freedom to form associations and unions.
(iv) Freedom of movement.
(v) Freedom to reside in any part of India
(vi) Right to buy, keep and dispose of property.
(vii) Freedom of profession.
3. Right against Exploitation (Article 23 to 24): According to this right no one can sell or
purchase any man or woman, no one can take work from others without paying the money for his
labour and children below 14 years cannot be employed in a factory or mine or any other dangerous
work.
4. Right to Freedom of Religion (Article 25 to 28): India has been declared a secular State. The
State itself has no religion. According to this right, freedom of the religion has been granted to
every individual. Anyone can follow, practice and preach any religion he likes and has faith in the
same.
5. Cultural and Educational Right (Article 29 to 30): According to this right the people of any
part of India, whose language or culture is separate have the right to protect and develop it. Every
citizen has the right to get admission to any government aided educational institution.
6. Right to Constitutional Remedies (Article 32 &226): The right to constitutional remedies is a
most important fundamental right for the citizens of India. According to this right all the citizens
have the right to move to the Supreme Court or to any of the High Court in India. With this right
the citizens are able to protect their all the fundamental rights. While protecting the fundamental
rights these courts can issue the following writs.
Importance of the Fundamental Rights:
● Necessary for the development of man's life
● They have been guaranteed by the Constitution
● Part III of the Indian constitution
● These rights are not absolute rights, they are subject to certain restrictions
● Balance between individual liberty & social interest
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● Incorporation fundamental rights to Constitution had taken from the Constitution of US

● Protect the rights & liberties of people against the encroachment of Govt
● Object: To establish Rule of Law
FREEDOMS AND SOCIAL CONTROL
● Right to freedom: Articles 19, 20, 21 & 22
● Article 19 guarantees six freedoms:
1. Freedom of speech and expression
2. Freedom of assembly peacefully & without arms,
3. Freedom to form associations and unions,
4. Freedom of movement,
5. Freedom to reside in any part of India,
6. Freedom of profession
● These are called democratic rights.
● 44th Amendment Act 1978, the Right to property was removed from the list.
GROUNDS OF RESTRICTIONS

▪ Article 19 (2).
▪ 1 Security of State
▪ The term “security of state” refers only to serious and aggravated forms of public order e.g.
rebellion, waging war against the State, insurrection and not ordinary breaches of public order
and public safety, e.g. unlawful assembly, riot, affray.
▪ speeches or expression which incite to or encourage the commission of violent crimes, would
undermine the security of State. \
▪ 2 Friendly relations with foreign states
▪ Added by the constitution (1st Amendment) Act, 1951.
▪ Object: to prohibit unrestrained malicious propaganda against a foreign friendly state, which
may endanger the maintenance of good relations between India & that state.
▪ 3 Public Order
▪ Added by First Amendment Act, 1951.
▪ Public order: maintenance of law and order.
▪ Synonymous with public peace, safety & tranquility.
▪ Public order implies absence of violence
▪ creating internal disorder or rebellion would affect public order and public safety.
▪ 4 Decency or Morality
▪ Sections 292 to 294 of IPC provide instances of restrictions on the freedom of speech &
expression in the interest of decency or morality.
▪ Prohibit sale or distribution or exhibition of obscene words, etc. in public places.
▪ No fix standard is laid down till now
▪ The standard of morality varies from time to time and from place to place.
▪ 5 Contempt of Court
▪ if it exceeds the reasonable and fair limit
▪ Section 2 'Contempt of court' may be either 'civil contempt' or 'criminal contempt.'
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▪ Contempt of court : insult to judge, attack upon them, comment on pending proceedings with
the view to prejudice fair trial, obstructions of officers of court etc.
▪ 6 Defamation
▪ statement, which injures a man's reputation
▪ Exposing a man to hatred, ridicule, or contempt.
▪ 7 Incitement to an Offence
▪ added by the First Amendment) Act, 1951
▪ Freedom of speech & expression cannot confer a right to incite people to commit offence.
▪ 8 Sedition
▪ Words, or writing which are calculated to disturb the tranquility of the State and lead ignorant
person to subvert the govt.
▪ Not mentioned in clause (2) of Art. 19

FREEDOM OF ASSEMBLY
▪ a human right, political right, and civil liberty.
▪ Guarantees to all citizens the right to assemble peacefully and without arms.
▪ It is a corollary of Article 19(1) (a).
▪ Right is not absolute but restricted.
▪ Assembly must be non-violent & must not cause any breach of public peace.
▪ Reasonable restrictions imposed under article 19(3).
▪ Protects right of individuals & groups to meet & to engage in peaceful protest.
▪ The Scope of the Right
▪ Protects the right of individuals and groups to meet for a common purpose or in order to exchange
ideas and information, to express their views publicly and to hold a peaceful protest.
▪ applies only to peaceful assemblies,
▪ includes demonstrations, processions & meetings
▪ Must be non-violent & must not cause any breach of public peace.
▪ Freedom to Form Association{Article 19(1) (c)}
▪ Protects the right to form and join associations to pursue common goals.
▪ It guarantees the right to form associations.
▪ It includes the association of any kind- political, social or cultural.
▪ Right to join or not to join or right to continue or not to continue with the association.
▪ The Scope and the Meaning
▪ protects the right of all persons to group together voluntarily for a common goal
▪ Examples: political parties, professional or sporting clubs, NGOs and trade unions.
▪ It gives rise to the right to form Trade Unions.
▪ Fundamental right of workers to form trade unions.
▪ Supreme Court: Constitution does not recognizes the right to strike.
▪ It is a legal right but strike must follow some rules.
▪ Workers can strike only after giving due notice.
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▪ 3.2 Grounds of Restrictions : Art 19 (4)

▪ State can make any law imposing reasonable restrictions in the interests of public order or
morality, sovereignty and integrity of India.
▪ Right to form Association under Armed Forces Article 33 of the Constitution empowers the
Parliament to pass a law restricting the right to form political association to:
▪ (a) The members of the Armed Forces.
▪ (b) members of the Forces charged with
▪ (c) Persons employed in any bureau or other organization established by the State for
purposes of intelligence
▪ (d) Persons employed in or connection with the telecommunication system.
▪ Example: Police Forces (Restriction of Rights) Act, 1966: do not have the right to form
trade unions & not to go on strike.
FREEDOM OF MOVEMENT {Article 19(1) (d)}
▪ It guarantees to citizens the right to move freely throughout the territory of India.
▪ ‘Throughout’: no part of the country can be made inaccessible to the people of India.
▪ “Freely” means where ever one likes and however one likes.
▪ These rights can be restricted on the ground of Security, Public order, in the interest of the
general public or for protecting the interests of the Scheduled Tribes.
▪ Eg: Restrictions may be imposed on movement & travelling, so as to control epidemics.
FREEDOM OF RESIDENCE {Article 19(1) (e)}
▪ It is a corollary of Article 19(1)(d).
▪ It provides that the right to reside and settle down throughout the territory of India.
▪ Subject to certain reasonable restriction in the areas like the Scheduled areas or border areas.
▪ subject to reasonable restrictions by the State in the interest of the general public or for the
protection of the scheduled tribes
▪ Article 370 restricts citizens from other Indian states & Kashmiri women who marry men from other
states from purchasing land or property in Jammu & Kashmir.
▪ Under Art 19 (5) : reasonable restrictions
Freedom of Profession {Article 19(1) (g)}
▪ It guarantees all citizens the right to choose any profession, occupation, trade or business.
▪ includes right not to start any business
▪ Right to close it down at any time he likes.
▪ State cannot compel a citizen to carry on business against his will.
▪ In Excel Wear v/s Union of India: SC held that State cannot refuse permission to close factory,
if it is continuously suffering loses
▪ Grounds of Restrictions
▪ State may impose reasonable restrictions in the interest of the general public.
▪ Restricted by State under Article 19(6) :
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▪ (i) In the interest of general public (public order, public health, public security, morals, and
economic welfare of the community).
▪ (ii) Prescribe professional or technical qualifications necessary for carrying on any profession
(to practice Advocacy one should be passed LL.B)
▪ (iii)Trade or business to the exclusion of private citizens, wholly or partially.
▪ 1st Amendment Act, 1951: restricted by the State in law, in public interest whereby the state can take
over a business or trade either completely or partially.
PERSONAL LIBERTY
⮚ Protection with respect to conviction for offences is guaranteed in the right to life & personal liberty.
⮚ Article 20, no one can be awarded punishment more than what the law of the land prescribes at that time.
⮚ Article 20 deals with protection in respect of conviction for certain form of offences.
⮚ It is available to all individuals (citizens and non-citizens).

Right to life and personal liberty

▪ Protection of life & personal liberty is also stated under right to life & personal liberty
▪ Article 21 declares that no citizen can be denied his life and liberty except by law.
▪ no person shall be deprived of his life or personal liberty by State except according to the
procedure established by law.
▪ a person's life and personal liberty can only be disputed if that person has committed a crime.
▪ “Personal liberty” includes all the freedoms
Scope and Meaning of Article 21
▪ SC: Article 21 guarantees not merely the right to life but also the right to dignified life.
▪ It includes right to healthy environment, right to education, right to legal aid and right to privacy.
▪ Aim to extend a level of quality of life to people.
▪ Fundamental of all Fundamental Rights.
▪ Heart and soul of the Constitution.
▪ It is a composite right:
❖ right to live with dignity,
❖ right to Primary Education up to 14 years of age,
❖ right to health of workers,
❖ right to speedy trial for the under trials,
❖ right against cruel punishment,
❖ Right to shelter etc.
▪ Right to Education Article 21(A)
▪ Incorporated by 86th Amendment Act 2002
▪ State shall provide free & compulsory education to all children of the age of 6 to 14 years
▪ Right to Education Bill in 2008.
▪ Right of children to Free & Compulsory Education Act 2010. (April 1)
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▪ Article 51 A: duty of a parent or guardian to provide education for his children in the age group
of 6-14 years.
Protection against Arrest & Detention
▪ {Article 22}
▪ Provides procedural safeguards against arbitrary arrest and detection.
▪ applicable to all individuals (Citizens and non-citizens)
▪ It does not confer a Fundamental Right on an individual against arrest and detention.
▪ It only extends certain procedural safeguards in case of arrest of individual.
▪ It comes into play only after a person has been arrested.
▪ Object: to prevent arbitrary arrest and detention
▪ Punitive Detention & Preventive Detention
▪ Punitive Detention: detention after a proper trial.
▪ Arrested person is informed of his ground of arrest.
▪ Give reasonable opportunity to defend himself
▪ Prosecution has succeeded on his guilt
▪ Court punished him with a sentence.
▪ Preventive Detention: detention without trial.
▪ crimes may not have had happened
▪ Object: to prevent an individual from proceeding further commit a crime.
▪ Can be arrested merely on the ground of suspicion.
▪ Imprison a person for a maximum of three months.
▪ After 3 months, case is brought before an advisory board for review.
Art 21: Ocean of rights: SC widened the scope of article 21
❖ Right to go abroad
❖ Right to privacy
❖ Right against solitary confinement
❖ Right against delayed execution
❖ Right to shelter
❖ Right against custodial death
❖ Right against public hearing
❖ Doctor's assistance
MODULE-3

Directive Principles of State Policy (DPSP’s) and its present relevance in Indian society.
Fundamental Duties and its Scope and significance in Nation, Union Executive: Parliamentary
System, Union Executive – President, Prime Minister, Union Cabinet.

DIRECTIVE PRINCIPLES: Part IV: Art 36 to 51

● They are instructions or directives from the constitution to the state & the govt.
● It is the duty of the govt to implement them.
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● Originally there were 20 Directive Principles.

● Three more were added by the 42nd Amendment Act, 1976.
● Now 23 Directive Principles
● Aims at building a Welfare State.
● Directive Principles of State policy divided into:
❖ Social & economic order
❖ Social security charter
❖ Community welfare charter
● Courts cannot compel govt to carry out directives.
● Aim to create a welfare state.
● Non-justiciable, meaning they are not enforceable by any court.
● Serve as guidelines to the central and state governments of India.
● Fundamental rights would prevail over the Directive Principles
Article 21-A inserted by 86th constitutional amendment 2002: free & compulsory education to all
children of the age 6 to 14 year.
Article 39 (f): children are given opportunity & facilities to develop in a healthy manner & in
condition of freedom and dignity.
Article 45: free & compulsory education for all children until they complete the age of 14
⮚ Right to education flows directly from right to life.
⮚ 86th Constitution Amendment act 2002 has added a new article 21-A
FUNDAMENTAL DUTIES

● Added by the 42nd Amendment Act, 1976 (Article 51A).

● Initially ten duties, now eleven after the 86th Amendment, 2002.
● Non-justiciable in nature.

Scope and Significance

● Promote a sense of discipline and commitment among citizens.

● Encourage respect for national symbols, heritage, and institutions.
● Promote scientific temper, humanism, and spirit of inquiry.
● Foster protection of the environment and public property.
● They remind Indian Citizens of their duty towards their society, fellow citizens & the nation
● They warn citizens against anti-national and anti-social activities
● They inspire citizens & promote a sense of discipline and commitment among them
● They help the courts in examining and determining the constitutional validity of a law
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1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and
the National Anthem

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

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

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

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

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

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

8. Develop scientific temper, humanism and the spirit of inquiry and reform

9.Safeguard public property and to abjure violence

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

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

UNION EXECUTIVE: PARLIAMENTARY SYSTEM

● Indian parliamentary system is based on the Westminster model.
● Dual executive system: nominal head (President) and real executive head (Prime Minister and
Cabinet).
● Parliament is bicameral, consisting of the Lok Sabha (House of the People) and Rajya Sabha
(Council of States).
Article 74: Council of Ministers to aid and advise the President.
Article 75: Other provisions as to Ministers (including the Prime Minister).
Article 78: Duties of Prime Minister with respect to the furnishing of information to the President,
etc.
 16

Union Executive: President

● The ceremonial head of the state.
● Elected indirectly by an electoral college for a five-year term.
● Key powers include legislative powers (ordinances), executive powers (appointments), judicial
powers (pardons), and emergency powers.
Article 52: The President of India.
Article 53: Executive power of the Union.
Article 54: Election of President.
Article 55: Manner of election of President.
Article 56: Term of office of President.
Article 57: Eligibility for re-election.
Article 58: Qualifications for election as President.
Article 59: Conditions of President’s office.
Article 60: Oath or affirmation by the President.
Article 61: Procedure for impeachment of the President.
Article 62: Time of holding election to fill vacancy in the office of President and the term of office
or person elected to fill casual vacancy.
Article 70: Discharge of President’s functions in other contingencies.
Article 71: Matters relating to, or connected with, the election of a President or Vice-President.
Article 72: Power of President to grant pardons, etc., and to suspend, remit, or commute sentences
in certain cases.
Article 74: Council of Ministers to aid and advise the President.
Union Executive: Prime Minister
● The real head of the government.
● Leader of the majority party in Lok Sabha.
● Appointed by the President but must enjoy the confidence of the majority in Lok Sabha.
Functions
● Heads the Council of Ministers.
● Principal advisor to the President.
● Represents the country in various capacities domestically and internationally.
 17

● Plays a crucial role in policy-making and administration.

Article 75: Other provisions as to Ministers (including the Prime Minister).
Article 78: Duties of Prime Minister with respect to the furnishing of information to the President,
etc.
Union Executive: Union Cabinet

Article 74: Council of Ministers to aid and advise the President.

Article 75: Other provisions as to Ministers (including the Union Cabinet).
Article 77: Conduct of business of the Government of India.
Article 78: Duties of Prime Minister with respect to the furnishing of information to the President,
etc.
MODULE - 4

Parliament - LS and RS, Parliamentary Committees, Important Parliamentary Terminologies.

Judicial System of India, Supreme Court of India and other Courts, Judicial Reviews and Judicial
Activism.

Parliament of India
Composition of Parliament (Art.79 -122)
● Rajya Sabha + Lok Sabha + The President
The Rajya Sabha (Council of States)
Composition
● Not more than 250 of 12 nominated by President
● System of proportional representation: by single transferable vote
Vice President = ex officio Chairman
Deputy Chairman = elected by Rajya Sabha. 89
Permanent House
Members = elected for 6 years & 1/3 retire after every 2 years. Age = above 30
The Lok Sabha
Direct election + once in every 5 years by Adult Franchise
Composition
● Note more than 530 from States
● Note more than 12 from Union T.
● Note more than 2 from Anglo Indian
Duration: 5 years, exception: Emergency Provisions
Presiding officer: Speaker (elected by Lok Sabha)
 18

Qualifications for membership of Parliament

Art 84
● Must be citizen of India
● Age not less than 30 for Rajya sbha + 25 for Lok sabha
● Other qualifications prescribed by Parliament
● Take oath before anyone authorized by election commission
● No educational qualifications prescribed
● Should be a voter (the Representation of Peoples Act 1951)
Disqualifications
● If he holds any office of profit under Govt.
● Unsound mind
● Undercharged insolvent
● Not citizen of India/ acquired foreign citizenship
● Disqualified by any law made by Parliament
Functions of Parliament
Blending of legislative + executive organs
✔ Providing the Cabinet
✔ Control of the Cabinet
✔ Criticism of the Cabinet & individual Ministers
✔ An organ of information
✔ Legislation (Art.107, 108, 245)
✔ Financial Control
Privileges and Powers of Parliament
Rights enjoyed collectively + individually
Privileges enjoyed individually
✔ Freedom of speech (Article 105(1))
✔ Freedom from Arrest (CPC Sec.135)
✔ Freedom of attendance as witness
✔ Other privileges prescribed by Parliament
Privileges of the House collectively
✔ Right to exclude others from the House
✔ Right to regulate its internal affairs
✔ To punish members & outsiders for breach of its privileges
✔ Right to publish debates & right to restrain publication by others
✔ Right to publish parliamentary misbehavior
Parliamentary privileges & Fundamental rights
Pandit M.S.M. Sharma's case Art 19 (1) a * 194 (3)
Gunupati Keshavram Reddi v. Nafisul Hasan Art 22(2)
The President of India
 19

Indirect election by electoral college = consists of elected members of both Houses of Parliament
+ elected members of State L. Assemblies + elected members of L.A of U. T
Qualifications:
● Must be citizen of India
● Completed age of 35
● Be qualified for election as a member of Parliament
● Must not hold any office of profit under Govt.
Term: 5 years & eligible for reelection
Terminated from the Position: by resignation + Impeachment (for violation of Constitution)
Powers of the President
Formal/Nominal Head
Head of the Executive Power of the Union
Constitutional Limitations (Art 53, 74, 75)
● Exercise power according to the Constitution
● accordance with advice of Council of ministers
● Administrative powers
● Military Powers
● Legislative powers:
Summoning, Prorogation, Dissolution
Opening Address
Nominating to the Houses
Laying reports before parliament
Previous sanction to legislation
Assent to legislation& veto
Ordinance making power
● Judicial power
● Diplomatic power
● Emergency Powers
● Miscellaneous Powers
The Governor
✔ Part IV of the Constitution
✔ Head of the executive power of the State
✔ Constitutional head of the State
✔ Act as agent of the Center
✔ Art 153 = a Person can be Governor of 2 or more States
✔ Appointed by the President
✔ Holds office at the pleasure of the President
✔ Any citizen of India above 35 is eligible
✔ He must not hold any office of profit nor be a member of the Legislature (Art.158)
Term of office: 5 years
 20

Terminated: by President 156 (1) + Resignation 156 (2)

Powers of Governor
Executive: power to appoint advocate general & members of State Public service commission
Power to nominate
Legislative: Art 164
✔ Right of addressing, sending message, summoning, Proroguing, dissolving State Legislature
✔ Financial statement + Money Bills
Judicial: grant pardons (161)
Emergency Powers: no powers
The Westminster system
Democratic Parliamentary System of Govt. UK.
This term comes from the Palace of Westminster, the seat of the Parliament of the United
Kingdom.
Key characteristics
✔ A sovereign/ head of state:
Nominal/legal/Constitutional holder of executive power, Eg. Queen, the Presidents, the Governor
General
✔ Prime Minister: head of govt (or head of the executive)
✔ A Cabinet: executive branch made up of members of the legislature
✔ An independent civil service: advises, implements the decisions of those ministers.
✔ Parliamentary opposition (a multi-party system);
✔ Bicameral {an elected legislature and unicameral systems
✔ A lower house of parliament has ability to dismiss a Govt by “withholding Supply” (rejecting
a budget), passing a motion of no confidence, or defeating a confidence motion.
✔ Govt can be defeated, or forced into a general election, a new Govt being chosen.
✔ A parliament which can be dissolved and elections called at any time.
✔ Minutes of meetings, often known as Hansard
Operation
✔ The head of state = a monarch or president, is a ceremonial figurehead who is nominal or de
jure source of executive power within the system.
✔ The head of government = the prime minister, have the support of a majority in the responsible
house,
✔ Executive authority is essentially exercised by the Cabinet, along with more junior ministers
✔ P M & Cabinet generally must seek the permission of the head of state when carrying out
executive functions
✔ Members of the Cabinet are collectively seen as responsible for government policy
✔ The Official Opposition and other major political parties will mirror the governmental
organization
✔ Bicameral and unicameral parliaments
 21

✔ Some members of parliament are elected by popular vote, while others are appointed.
The Council of Ministers
3 categories of ministers
✔ Union Cabinet Minister: senior minister in-charge of a ministry.
✔ Minister of State (Independent Charges)
✔ Minister of State: junior minister with to overseeing cabinet minister.
Prime Minister: selected by the President
Other Ministers: appointed by the President on the advice of PM {Art 75(1)} from either Houses.
No right to vote in the House of which he is not a member
Cabinet: shapes the policy of the Govt.
✔ Collective decision-making body of the Government
Collective responsibility
✔ To the House of the People
✔ To resign as soon as it loses the confidence
✔ To advice President to exercise his power of dissolution (if it does not represent electorate faithfully)
Individual Responsibility:
✔ Responsible to the executive head (President +PM)
✔ Liable to dismissal (on advice of PM)
Prime Minister
✔ Keystone of the cabinet/ head of the Council of Minsters
✔ Leader of the Party in Majority
✔ Power to select other ministers
✔ Allocate business amongst ministers
✔ Resignation or death of PM dissolves the Cabinet
✔ PM stands between Crown & Cabinet
✔ In charge of coordinating the policy of Govt.
✔ Right of supervision over all the departments
✔ Advice President as regard the appointment of minsters
Coalition government
● Two or more political parties join together in parliament/assembly to run the Govt and agree
on a policy program.
● Fusion administration
● No party achieves a majority in the parliament.
● A coalition Govt might also be created in a time of national difficulty or crisis, for example
during wartime, or economic crisis.
● In such times, parties have formed all-party coalitions (national unity governments, grand
coalitions).
● Coalition collapses: a confidence vote is held or a motion of no confidence is taken.
The Supreme Court
Parliament makes laws regulating the constitution, organization, jurisdiction & powers of SC
 22

SC = Chief Justice + note more than 25 Judges (Art.124)

Chief Justice is appointed by the President
{Consulting with the judges of the SC and the HCs}
Other Judges of SC shall be appointed by the President
CJ must be consulted
Qualifications
✔ Citizen of India
✔ Either a distinguished jurist or
✔ HC judge for 5 years or Advocate of a HC for at least 10 years
✔ No minimum age is prescribed
Cease the office:
SC Judge has a fixed tenure until retirement age
✔ On attaining age of 65
✔ Resigns his office by writing addressed to the President
✔ Removed by the President by a special majority of both Houses of Parliament 2/3: in case of
proved misbehavior & incapacity
Powers of SC
✔ As a federal Court Art 131
✔ As a Court of Appeal Art 134
✔ As a guardian of the Constitution
Jurisdiction of SC
a) Original Jurisdiction of SC
Disputes between Central & States
b) Appellate Jurisdiction
c) Advisory Jurisdiction
d) Writ Jurisdiction
e) Miscellaneous Jurisdiction
The High Court
Art. 214
A common HC for 2 or more States (231)
Head of the judiciary in the State
HC = Chief Justice + other judges appointed by President
President appoints additional Judges + acting Judge
Judge Hold office until 62
Judges vacate his office:
✔ By resignation
✔ By being appointed to a Judge odf SC or transferred to other HC
✔ Removed by the President (2/3 majority of the Houses)
Qualifications:
✔ Citizen of India, not completed 62
✔ Held for at least 10 years a judicial office in India
 23

✔ Advocate of a HC for at least 10 years

Jurisdiction
Territorial Jurisdiction
Ordinary Jurisdiction of HC
a) Original
b) Appellate
HC’s power of superintendence
Jurisdiction over Administrative Tribunals
Control over Subordinate Courts
JUDICIAL REVIEW
Marbury vs Madison + Justice John Marshall 1800
✔ Legislative and executive actions are subject to review by the judiciary.
✔ Art 13 has provided the judiciary with the power to review laws made by the legislature.
✔ A specific court with judicial review power must annul the acts of the state when it finds them
incompatible with a higher authority
✔ Judicial review is an example of check and balances in a modern governmental system.
MODULE-5

State Executive and Governor, CM, State Cabinet, Legislature - VS & VP, Election Commission,
Elections & Electoral Process. Amendment to Constitution, and Important Constitutional
Amendments till today. Emergency Provisions.

STATE EXECUTIVE AND GOVERNOR: Articles: 153 to 167

❖ Governor (Articles 153-162)

❖ Chief Minister and Council of Ministers (Articles 163-164)
❖ State Cabinet and its duties (Articles 166-167)

STATE LEGISLATURE: Articles: 168 to 212

❖ Legislative Structure (Articles 168-177)

❖ Legislative Procedures (Articles 178-187)

ELECTION COMMISSION: Articles: 324 to 329

▪ Article 324: Superintendence, direction, and control of elections to be vested in an Election

Commission
▪ Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special
electoral roll-on grounds of religion, race, caste, or sex
 24

▪ Article 326: Elections to the House of the People and to the Legislative Assemblies of States
to be on the basis of adult suffrage.
▪ Article 327: Power of Parliament to make provision with respect to elections to Legislatures.
▪ Article 328: Power of Legislature of a State to make provision with respect to elections to such
Legislature.
▪ Article 329: Bar to interference by courts in electoral matters

IMPORTANT CONSTITUTIONAL AMENDMENTS

Amendment to the Constitution: Articles: 368: Power of Parliament to amend the Constitution
and procedure.

▪ First Amendment (1951): Restrictions on freedom of speech and expression, validation of

zamindari abolition laws.
▪ Seventh Amendment (1956): Reorganization of states on a linguistic basis.
▪ Twenty-fourth Amendment (1971): Affirming Parliament's power to amend any part of the
Constitution including fundamental rights.
▪ Forty-second Amendment (1976): Extensive changes including the preamble, adding words
'Socialist', 'Secular' and 'Integrity'; curtailing the power of the judiciary.
▪ Forty-fourth Amendment (1978): Restoring the power of judicial review to the Supreme Court
and High Courts.
▪ Fifty-second Amendment (1985): Anti-defection law to prevent political defections.
▪ 61st Amendment Act, 1989: The voting age was decreased from 21 to 18 for both Lok Sabha
and Legislative Assemblies elections.
▪ Seventy-third and Seventy-fourth Amendments (1992): Strengthening Panchayati Raj (local
self-government) institutions.
▪ Eighty-sixth Amendment (2002): Making education a fundamental right for children aged 6 to
14 years.
▪ Ninety-third Amendment (2005): Reservation in private educational institutions for socially
and educationally backward classes and SC/STs.
▪ One Hundred and First Amendment (2016): Introduction of Goods and Services Tax (GST).
 25

▪ 103rd Amendment Act, 2019: A maximum of 10% Reservation for Economically Weaker
Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article
15, i.e. Classes other than socially and educationally backward classes of citizens or the
Scheduled Castes and the Scheduled Tribes.

Emergency: Articles: 352 to 360

✔ Allows the center to assume wide powers.
✔ The center can take full legislative and executive control of any state.
✔ It also allows the center to curtail or suspend freedom of the citizens.
National Emergency (Article 352)
Article 352: Proclamation of Emergency (War, External Aggression, Armed Rebellion)
State Emergency (President's Rule) (Articles 356-357)
Article 356: Provisions in case of failure of constitutional machinery in States
Article 357: Exercise of legislative powers under Proclamation issued under Article 356
Financial Emergency (Article 360)
Article 360: Provisions as to financial emergency
Emergency can be of three types:
✔ Due to war, external aggression or armed rebellion (National Emergency)
✔ Failure of constitutional machinery in a state (Presidential Rule)
✔ Financial emergency
Proclamation of Emergency
✔ Art 352 the President makes a proclamation
✔ Upon the written advise of the Union Cabinet.
✔ Placed before each house of the parliament
✔ Must be approved by each house with in one month
✔ Prior to 44th amendment, duration was two months
✔ After 44th amendment, the period is reduced to 1 month and then 6 months after approval.
Effects of Proclamation of Emergency
a) Executive power of the Union shall extend to giving directions to any state.
b) Parliament to make laws on State subjects
c) Suspension of Fundamental Rights
d) Extension of Lok Sabha
e) Center empowered to alter distribution of revenue between Union & State
Changes made by 44th Amendment.
“Internal disturbance” was replaced by “armed rebellion” under art 352.
Decision of proclamation of emergency must be communicated by the Cabinet in writing.

Compiled By: Subin Thomas

June 2024