Article 12 of the Constitution of India defines the term "State" and includes the following entities:

 The Government and Parliament of India

 The Government and Legislature of each state
 All local or other authorities within India
 Authorities under the control of the Government of India

Article 12 is part of Part III of the Constitution, which covers Fundamental Rights.

The Constitution also lists certain fundamental duties that citizens owe to the state,
including: Respecting the National Flag, Protecting the sovereignty and integrity of India, and
Preserving the cultural heritage.

Part III Fundamental Rights Articles 12 to 35

Part III of the Constitution contains the Fundamental Rights guaranteed to Indian citizens, and in
some cases all persons. They are classified into six categories, also including the remedies in case
they are violated.

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)

3. Right against Exploitation (Article 23-24)

4. Right to Freedom of Religion (Article 25-28)

5. Cultural and Educational Rights (Article 29-30)

6. Right to Constitutional Remedies (Article 32)

Right to Equality

Article 14: Equality before law

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth

Article 16: Equality of opportunity in matters of public employment

Article 17: Abolition of Untouchability

Article 18: Abolition of titles

Right to Freedom

Article 19: Protection of certain rights regarding freedom of Speech, etc.

Article 20: Protection in respect of conviction for offences

Article 21: Protection of life and personal liberty

Article 21A: Right to education

Article 22: Protection against arrest and detention in certain cases

Right against Exploitation

Article 23: Prohibition of traffic in human beings and forced labour

 Article 24: Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

Article 25: Freedom of conscience and free profession, practice and propagation of religion

Article 26: Freedom to manage religious affairs

Article 27: Freedom as to payment of taxes for promotion of any particular religion

Article 28: Freedom as to attendance at religious instruction or religious worship in certain

educational institutions

Cultural and Educational Rights

Article 29: Protection of interests of minorities

Article 30: Right of minorities to establish and administer educational institutions

Right to Property

Article 31: Compulsory acquisition of property (Omitted)

Right to Constitutional Remedies

 Article 32: Remedies for enforcement of rights conferred by this Part

 Article 32A: Constitutional validity of State laws not to be considered in proceedings under
article 32 (Omitted)
 Article 33: Power of Parliament to modify the rights conferred by this Part in their application
to Forces, etc.
 Article 34: Restriction on rights conferred by this Part while martial law is in force in any area
 Article 35: Legislation to give effect to the provisions of this Part

1. Characteristics or Features of Indian Constitution

1. Lengthiest Written Constitution

2. Drawn from Various Sources

3. Blend of Rigidity and Flexibility

4. Federal System with Unitary Bias

5. Parliamentary Form of Government

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

7. Rule Of Law

8. Integrated and Independent Judiciary

9. Fundamental Rights

10. Directive Principles of State Policy

 11. Fundamental Duties

12. Indian Secularism

13. Universal Adult Franchise

14. Single Citizenship

15. Independent Bodies

16. Emergency Provisions

17. Three-tier Government

18. Co-operative Societies

Kinds of constitution

There are many different types of constitutions, including:

 Written vs unwritten

Written constitutions are codified in a document, while unwritten constitutions evolve over time
through legal conventions, historical precedent, and judicial decisions.

 Flexible vs rigid

Flexible constitutions can be amended easily, while rigid constitutions have strict amendment
requirements.

 Parliamentary vs presidential

In parliamentary governments, the executive branch is connected to the legislature, while in

presidential governments, the executive branch is separate from the legislature.

 Unitary vs federal

Unitary systems have only local governments, while federal systems have intermediate state or
provincial governments between local and central

Sources of Indian Constitution

 2. Preambles
Introduction: The Preamble is an introductory statement that explains the Constitution's core
values, objectives, and history. It's a reflection of the Constitution's constitutional values and
the intentions of its framers.
The Preamble includes:
a. The source of the Constitution's authority, which is the people of India
b. The nature of the Indian state, which is a Sovereign, Socialist, Secular, Democratic, and
Republic Polity
c. The Constitution's objectives, which are justice, liberty, equality, and fraternity
d. The date the Constitution was adopted, which is November 26, 1949

We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty
means the independent authority of the State, not being subject to the control of any other State or
external power.

Sovereign: The term means that India has its own independent authority and it is not a dominion of
any other external power. In the country, the legislature has the power to make laws which are
subject to certain limitations.

Socialist: The term means the achievement of socialist ends through democratic means. It holds faith
in a mixed economy where both private and public sectors co-exist side by side.

It was added in the Preamble by 42nd Amendment, 1976.

Secular: The term means that all the religions in India get equal respect, protection and support from
the state.

It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.

Democratic: The term implies that the Constitution of India has an established form of Constitution
which gets its authority from the will of the people expressed in an election.

Republic: The term indicates that the head of the state is elected by the people. In India, the
President of India is the elected head of the state.

Case law: Kesavananda Bharati Case and Berubari Case and Union Government Vs LIC of India

Amendment of the Preamble

42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted
that the preamble is part of the Constitution.

As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but
the basic structure of the preamble cannot be amended.

As of now, the preamble is only amended once through the 42nd Amendment Act, 1976.

The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd Amendment
Act, 1976.

‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.

‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.

Amenability of Fundamental Rights

Any changes to the fundamental rights require a constitutional amendment that should be passed by
both the Houses of Parliament. The amendment bill should be passed by a special majority of
Parliament.

As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental
rights.

The question is whether a constitutional amendment act can be termed law or not.

In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any

part of the Constitution including fundamental rights.

But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath

case, it said that the fundamental rights cannot be amended.

In 1973, a landmark judgement ensued in the Kesavananda Bharati case, where the SC held

that although no part of the Constitution, including Fundamental Rights, was beyond the

Parliament’s amending power, the “basic structure of the Constitution could not be abrogated

even by a constitutional amendment.”

This is the basis in Indian law in which the judiciary can strike down any amendment passed

by Parliament that is in conflict with the basic structure of the Constitution.

In 1981, the Supreme Court reiterated the Basic Structure doctrine. It also drew a line of
demarcation as April 24th, 1973 i.e., the date of the Kesavananda Bharati judgement, and held that it
should not be applied retrospectively to reopen the validity of any amendment to the Constitution
which took place prior to that date.

3. Citizenship Act 1955 Features

The Citizenship Act of 1955 governs who can obtain Indian citizenship and under what conditions.

 Eligible persons: A person can become an Indian citizen if they were born in India, have
Indian ancestors, or have lived in the country for a certain period.

 Exception: Illegal immigrants, on the other hand, are barred from obtaining Indian
citizenship.

o An illegal migrant is a foreigner who enters the country without valid travel
documents, such as a passport and visa, or who enters with valid documents but
stays longer than allowed.

 Constitutional provisions: Citizenship is mentioned in the Constitution's Union List. This list
is entirely within the purview of Parliament.

o Part II of the Indian Constitution deals with citizenship from Articles 5 to 11.

o However, the term “Citizen” has not been defined by the Constitution.

 Single citizenship: The Act does not permit dual citizenship or nationality.

Acquisition of Citizenship Through Citizenship Act of 1955

The Citizenship Act of 1955 specifies five methods for obtaining citizenship - birth, descent,
registration, naturalisation, and territorial incorporation.

1. Citizenship by Birth

Anyone born in India

Date Condition

Between January 1, 1950, and

Considered a citizen by birth.
January 1, 1987

Considered an Indian citizen only if either of his/her parents is an Indian

On or after July 1, 1987
citizen at the time of birth.

Considered an Indian citizen by birth if one parent is Indian and the

On or after December 3, 2004
other is not an illegal immigrant.

Note: If one of the parents is an illegal immigrant, the child born after 2004 will have to obtain Indian
citizenship through other means than birth.

2. Citizenship by Descent

A person born outside India

Date Condition

Between January 26, 1950, and Shall be a citizen of India by descent if his father was a citizen of India
December 10, 1992 at the time of his birth.

Shall be an Indian citizen if either of his parents was an Indian citizen

On or after December 10, 1992
at the time of his birth.

Note: A person born outside India with at least one Indian parent will be granted citizenship if the birth is
registered with the Indian consulate in the jurisdiction within one year of the birth.

3. Citizenship by Registration

Any person (other than an illegal migrant)

Type of person Condition

 Person of Indian - Living in India for at least seven years before applying or
origin - Ordinarily resident in any country or place outside undivided India.

A foreign person
- Lived in India for seven years before making an application for registration
married to an Indian

- Parents are Indian citizens

- Either of his parents was an earlier citizen of independent India and had been
ordinarily resident in India for twelve months prior to making an application for
Person of legal age registration.

- Registered as an overseas citizen of India cardholder for five years and has been
ordinarily resident in India for twelve months prior to making an application for
registration.

Minor children - Parents are Indian citizens

Note:

- No person of full age shall be registered as an Indian citizen until he has taken the oath of allegiance in
the form prescribed in the Second Schedule.

- No person who has renounced, been deprived of, or had his Indian citizenship terminated under this Act
shall be registered as a citizen of India.

4. Citizenship by Naturalisation

 Section 6 of the Citizenship Act states that a certificate of naturalisation can be granted to a
person who is not an illegal immigrant and has lived in India continuously for 12
months prior to making an application.

 Furthermore, in the 14 years preceding the 12 months, the person must have lived in India
for at least 11 years (reduced to five years for the categories covered by the Citizenship
Amendment Act of 2019).

5. Citizenship by Incorporation of Territory

 If any territory becomes a part of India, the Central Government may, by order published in
the Official Gazette, specify the persons who will be citizens of India due to their connection
with that territory.

 Such persons will be citizens of India as of the date specified in the order.

Termination of Citizenship Through Citizenship Act of 1955

The Citizenship Act 1955 mentions three primary grounds under which Indian citizenship can be
terminated - renunciation, termination, and deprivation.

1. Renunciation of Citizenship
  Any Indian citizen of full age and capacity may file a declaration renouncing his Indian
citizenship. That person loses his or her Indian citizenship once the declaration is registered.

 If the declaration for renunciation is made during a war in which India is involved, the
Central Government will refuse to register it until the Central Government otherwise directs.

 When a person renounces his Indian citizenship, his or her minor children lose their Indian
citizenship as well. When such a child reaches the age of eighteen, he may reclaim his Indian
citizenship.

2. Termination of Citizenship

 When a citizen of India acquires the citizenship of another country voluntarily, his or her
Indian citizenship automatically gets terminated.

 This provision, however, does not apply during any war in which India may be
involved unless otherwise directed by the Central Government.

3. Deprivation of Citizenship

An Indian citizen can be deprived of their citizenship under specific circumstances outlined in the
Citizenship Act.

 If the citizenship was obtained through fraudulent means, false representation, or by

concealing essential information during the process of registration or naturalization.

 If that citizen has demonstrated disloyalty or dissatisfaction with the Indian Constitution as
established by law.

 If that citizen engaged in unlawful trade or communication with an enemy during any war
in which India is involved or is associated with activities that assist an enemy in such a war.

 If the citizen is sentenced to imprisonment for a minimum term of two years within five
years of obtaining registration or naturalization in any country.

 If a citizen has been ordinarily residing outside India for a continuous period of seven
years without being a student at an educational institution in a foreign country, employed by
an Indian or international governmental organization, or annually registering their intent to
retain Indian citizenship at an Indian consulate.

4. Difference Between Money Bill and Ordinary Bill

Ordinary Bill Money Bill

Ordinary bills can be introduced in both houses of the A money bill can only be introduced in the lower
Parliament that are either Lok Sabha or Rajya Sabha. house of the Parliament, the Lok Sabha.
A recommendation of the President is not necessary for The Recommendation of the President is
the introduction of the ordinary bill. mandatory before introducing the money bill in
the Lok Sabha.
Ordinary bills can be introduced either by a government The money bill can be introduced only by a
minister or by a private member of the Lok Sabha or the Minister of the government.
Rajya Sabha.
Suppose the ordinary Bill is first introduced in the Lok In the case of the money bill, the approval of the
Sabha. In that case, the approval of the Lok Sabha Lok Sabha speaker is necessary before the money
speaker is not needed before sending the ordinary Bill bill is sent from the Lok Sabha to the Rajya Sabha.
to the Rajya Sabha.
Ordinary bills can be rejected or amended by the Rajya A money bill cannot be amended or rejected by
Sabha. the Rajya Sabha.
Ordinary Bill has to be passed within 6 months from the The money bill must be sent from the Rajya Sabha
date it is introduced in the Rajya Sabha. back to the Lok Sabha in only 14 days, with or
without recommendations.
Ordinary bill is mandated to be sent to the president for The money bill is mandatory to receive the
his assent only when the bill is passed by both the approval of the Lok Sabha before it is sent for the
houses of the Parliament. President’s assent.
The President can return it for reconsideration, accept it The president has to either accept it or reject it.
or reject it.
When there is a deadlock on an ordinary bill, a joint When there is a deadlock on a money bill, the
sitting of both houses of the Parliament is held. It is constitution has no provision of holding a joint
presided over by the speaker of the Lok Sabha. sitting.

5. Jurisdiction of the Supreme Court

The Supreme Court of India has three types of jurisdiction: original, appellate, and advisory:

 Original jurisdiction

The Supreme Court's original jurisdiction is exclusive and covers cases that are first referred to the
Supreme Court. This includes:

 Disputes between the government and one or more states

 Disputes between two or more states

 Enforcement of fundamental rights

 The power to issue writs, directions, or orders

 The power to transfer cases between High Courts or subordinate courts

 Appellate jurisdiction

The Supreme Court's appellate jurisdiction allows it to hear cases on appeal from lower courts.

 Advisory jurisdiction

The Supreme Court's advisory jurisdiction allows it to advise the president on matters of public
importance or certain laws. The president's decision is not bound by the Supreme Court's advice.

The Supreme Court's jurisdiction is also expanded by Article 138, which allows Parliament to increase
the court's powers.

6. Power of Parliament to amend the Constitution under Article 368

The Indian Parliament's power to amend the Constitution is outlined in Article 368 of the
Constitution:

 Procedure
A bill to amend the Constitution can be introduced in either house of Parliament by a minister or
private member. The bill must pass in each house with a special majority, which is a majority of the
total membership of the house and a majority of at least two-thirds of the members present and
voting.

 President

The bill is then presented to the President, who must give his or her assent.

 State Legislatures

If the amendment changes any provisions in Article 368, the Legislatures of at least half of the states
must ratify it. This ratification must be in the form of resolutions passed before the bill is presented
to the President.

 Form

Each constitutional amendment is formulated as a statute, such as the "Constitution (First

Amendment) Act".

The amendment process in the Constitution is designed to preserve the Constitution's sanctity and
limit the arbitrary power of Parliament. The judiciary also plays a role in reviewing constitutional
amendments to ensure they do not violate the Constitution's basic structure

Article 368 of the Constitution of India gives Parliament the power to amend the
Constitution. However, the Supreme Court has ruled that Parliament's power to amend the
Constitution is not absolute. Here are some landmark cases and the Supreme Court's rulings on the
power of Parliament to amend the Constitution:

 Golaknath v. State of Punjab (1967)

The Supreme Court ruled that Article 368 only outlines the procedure for amending the Constitution,
and does not give Parliament the power to amend any part of the Constitution.

 Sajjan Singh

The Supreme Court upheld the validity of an amendment, ruling that Parliament has the authority to
amend any part of the Constitution, including fundamental rights.

 Basic Structure Doctrine

The Supreme Court established the Doctrine of Basic Structure, which states that certain contours of
the Constitution should be left untouched. The court observed that the Constitution should be a
balance between Parliament's duty to follow the Constitution and its duty to perform socio-
economic duties.

The procedure for amending the Constitution under Article 368 is as follows:

1. Pass the Bill by a majority of not less than two-thirds of the members of that House present
and voting

2. Present the Bill to the President for assent

3. The amendment must also be ratified by the Legislatures of not less than one-half of the
States