Study material – Indian Constitution

Module – 1
Introduction
The Indian Constitution was passed by the Constituent Assembly on 26th Nov 1949 and is
fully applicable since 26th Jan 1950. India is a federal democratic republic of 28 states and 8
Union Territories. Each state is administered by a Governor appointed by the President while
each Union Territory is administered by the President through a Minister.
History and Making of Indian Constitution
The Royal Charter of 1600
The Royal Charter of 1600, granted by Queen Elizabeth I, established the East India Company
and provided it with the following rights and responsibilities:
• Trading rights: The company was granted exclusive trading rights in Asia, Africa,
America, and India. British subjects could not trade in India without a license from the
company.
• Legislative power: The company was given limited legislative power to make
reasonable laws and impose punishments for civil and criminal cases. Punishments
were limited to fines, forfeiture, and imprisonment.
• Factory construction: The company was permitted to build factories.
• Company governance: The company's affairs were to be conducted democratically.
• Company lifespan: The company was to exist for 15 years, but the charter could be
revoked with two years' notice.
The charter was issued to counter competition from the Dutch East India Company and to
promote British trade and commerce. The company's first ships arrived in India in 1608 at the
port of Surat.
The Charter of 1661
The Charter of 1661, also known as the Judicial Charter, was a significant landmark in India's
legal history. It was issued by King Charles II on April 3, 1661, and granted the East India
Company many powers, including:
• Law-making
The company was given the power to make laws and ordinances for the good governance of
the island of Bombay.
• Judicial
The company was given the power to administer justice and punish lawbreakers. The company
could establish courts to judge all suits, and the Governor and councils could administer justice
in all causes, civil and criminal.
The Battle of Plassey, 1757
The Battle of Plassey was a decisive victory for the British East India Company over the Nawab
of Bengal and his French allies on June 23, 1757:
• Location
The battle took place on the banks of the Bhagirathi-Hooghly River, a distributary of the
Ganges, near the town of Plashi in Bengal.
• Leaders
The British were led by Robert Clive, and the Nawab of Bengal was Siraj-ud-Daulah.
• Outcome
The British victory transformed the company from a mercantile presence into a military and
political power in India. It also opened up the possibility of further British expansion into other
parts of India.

Evolution of Indian Constitution

The Indian Constitution is the longest written constitution in the world and underwent a number
of changes in order to reflect the changing needs of the country. The first version was drafted
in 1835 by William Bentinck, but it never came into force. The original Constitution of India
was adopted on November 26, 1949, and has been amended over a hundred times.
The Constitution of India is based on the British Westminster system and has three branches –
the executive, judiciary and legislature. The President is the head of state, while the Prime
Minister is the head of government. The Parliament consists of two houses – the Lok Sabha
(House of People) and Rajya Sabha (Council of States).
India was originally ruled by the East India Company, and a number of laws were passed to
control their actions.
The Regulating Act (1773)
The Regulating Act (1773), established a committee headed by Warren Hastings to manage
company affairs. It also gave the Supreme Court jurisdiction over all British subjects in India.
The Pitt’s India Act of 1784
The Pitt’s India Act of 1784, established the Board of Control and Secret Committee to manage
company affairs.
The Charter Acts (1813, 1833)
The Charter Acts (1813, 1833), provided for a governor-general with all legislative powers in
Bengal. It also abolished the requirement of the Company to receive British Parliamentary
approval for all its actions.
The Charter Act 1853
The Charter Act 1853, ended the Company’s monopoly and opened up India to private
enterprise.
The Government of India Act 1858
The Government of India Act 1858, ended company rule and vested all legislative powers in a
viceroy assisted by an Executive Council and Legislative Council at the centre. It also provided
for provincial legislative councils with official majorities to be presided over by lieutenant
governors or chief commissioners
The Indian Councils Act 1861
The Indian Councils Act 1861, enlarged the Legislative Councils in the presidencies of
Bombay, Madras and Calcutta. It also allowed for non-official members to be elected to the
Councils.
The India Council Act of 1892
The India Council Act of 1892, enlarged the Legislative Councils in the presidencies at
Calcutta, Madras and Bombay. It also provided for one-third of the members to be elected by
municipalities and district boards.
Indian Councils Act of 1909
Indian Councils Act of 1909, also known as the Minto-Morley Reforms. It enlarged the
Legislative Councils in all provinces and provided for one-third of the members to be elected
by universities, district boards and municipalities. Certain categories of Indians were also given
seats in the Councils.
Government of India Act of 1919
The Government of India Act 1919, also known as the Montagu-Chelmsford Reforms. It
divided British India into provinces and princely states and provided for a system of dyarchy.
The governor-general was replaced by a viceroy, who would act on the advice of the ministers
in the provinces.
The Government of India Act 1935
The Government of India Act 1935, provided for a central government with executive and
legislative councils and a bicameral legislature. It also provided for provincial legislatures with
elected majorities and the introduction of responsible government in the provinces.
Indian Independence Act of 1947
The Indian Independence Act of 1947, ended British rule in India and split it into two
dominions – India and Pakistan.
It took a long time for India to have its own constitution. The British rule in India lasted nearly
200 years, and the reforms introduced by them were aimed at gradually transferring power to
the Indians.
The Constituent Assembly

1934 The idea of a Constituent Assembly for India was put forward for the first time
by M.N.Roy, a pioneer of the communist movement in India.

1935 Indian National Congress first demanded a Constituent Assembly to frame the
Constitution of India.

1938 J.L. Nehru declared that the Constitution of free India must be framed, without outside
interference, by a Constituent Assembly elected based on Adult Franchise.

1940 First time in principle, the demand for a Constituent Assembly was accepted by the
British in the August offer of 1940.

1942 Sir Stafford Cripps came to India with a draft proposal to frame an independent
Constitution, which was rejected by the Muslim League.

1946 Cabinet Mission was sent to India, which rejected the idea of two Constituent
assemblies. Hence, Elections were held as per the Cabinet Mission plan of 1946 to
establish the Constituent Assembly.

The Indian Constitution was made by the Constituent Assembly, which came into existence as
per the provisions of the Cabinet Mission of May 1946. Its task was to formulate a
Constitution for facilitating the appropriate transfer of sovereign power from British authorities
to Indian hands.
• 9 December 1946: The Constituent Assembly sat for the first time.
• Dr. Sachchidanand Sinha, the oldest member of the assembly, was elected as the
temporary President of the Assembly, following the French practice.
• 11 December 1946: Rajendra Prasad as President, Harendra Coomar
Mookerjee and V.T. Krishnamachari as the Vice Presidents were elected, and B. N.
Rau as Constitutional legal advisor was appointed.
• 13 December 1946: Jawaharlal Nehru introduced the famous "Objective
Resolution" in the Assembly, which laid down the philosophy of the Constitution of
India.
o It is geared toward fostering economic and political security in India through
a written Constitution and declaring India a Sovereign, Democratic Republic.
o It fostered the formulation of a federal with the even-handed distribution of
powers between the Centre and the states.
o It strives to secure equality, justice, and freedom of thought, expression,
belief, faith, association, and associated action for each subject of the country.
o It is geared toward providing necessary protection to the minority and
backward section of society.
 o It strives to secure the integrity of the territory of the Indian republic and
follow the law of any civilized nation to secure rights on land, sea, and air.
• 22 January 1947: The Resolution was unanimously adopted by the Assembly.

July 1947- Indian Independence Act, 1947: The Act made the following changes in the
position of the Constituent Assembly:
• The Assembly was given complete autonomy and the power to draft any Constitution
it chose.
• The Act gave the Assembly the authority to annul or amend any law passed by the
British Parliament regarding India.
• The Assembly was also given legislative authority. As a result, the Assembly was
elected as India's first free Parliament (Dominion Legislature). Dr. Rajendra
Prasad presided over meetings of the Assembly as the Constituent body, and G.V.
Mavlankar presided over those of the Assembly as the Legislative body.
• July - October 1947: Preparation of the first draft by the Constitutional
advisor, Constitutional Advisor started putting together the first draft of the
Constitution by aligning the reports already discussed and adopted.
• 22 July 1947: The Constituent Assembly adopted the National flag.
• October 1947- February 1948: Deliberations in Drafting Committee and resultant
draft Constitution, Drafting committee produced the draft Constitution by February
21, 1948, which contained 315 Articles and 8 Schedules.
• 4 November 1948 - 9 November 1948 (First reading): Drafting committee published
the draft Constitution of India in February 1948. The draft was introduced in the
Assembly in November 1948.
• 15 November 1948 – 17 October 1949 (Second reading): Clause-by-clause draft
discussion was conducted in the Assembly.
• May 1949: The Constituent Assembly accepted and approved India's membership of
the British Commonwealth.
• 14 November 1949 - 26 November 1949 (Third reading): The Assembly finished the
third reading.
• 26 November 1949: The Constituent Assembly passed and adopted the Constitution
of India.
• 24 January 1950: The Constituent Assembly elected Dr. Rajendra Prasad as the first
President of India and, adopted the National anthem and National song.
The Salient Features of Indian Constitution
Before making the present Constitution, the framers examined Constitutions of various
countries of the world and also the working of the Government of India Act, 1935. They
liberally borrowed appropriate provisions from Constitutions of many countries of the world.
The Constitution so adopted has the following salient features—
1. The Lengthiest Constitution in the World.-
Constitutions are classified into written, like the American Constitution, or unwritten, like the
British Constitution. The Constitution of India is the lengthiest of all the written Constitutions
of the world. It is a very comprehensive, elaborate and detailed document.
The Indian Constitution originally consisted of 395 articles divided into 22 Parts and 8
Schedules. Presently, it consists of a Preamble, about 448 articles divided into 24 Parts and 12
Schedules.
2. Parliamentary Form of Government.-
The Constitution of India has opted for the British Parliamentary system of Government rather
than American Presidential System of Government. The Parliamentary system is based on the
principle of co-operation and co-ordination between the legislative and executive organs while
the Presidential system is based on the doctrine of separation of powers between the two organs.
3. Unique Blend of Rigidity and Flexibility.-
The Constitution of India is neither rigid nor flexible but a synthesis of both. A rigid
Constitution is one that requires a special procedure for its amendment while flexible
Constitution is one that can be amended in the same manner as ordinary laws are made.
4. Fundamental Rights.-
Part III of the Indian Constitution guarantees six fundamental rights to all the citizens—
(a) Right to Equality (Articles 14-18);
(b) Right to Freedom (Articles 19-22);
(c) Right against Exploitation (Articles 23-24);
(d) Right to Freedom of Religion (Articles 25-28);
(e) Cultural and Educational Rights (Articles 29-30);
(f) Right to Constitutional Remedies (Article 32).
The Fundamental Rights are meant for promoting the idea of political democracy. They operate
as limitations on the tyranny of the executive and arbitrary laws of the legislature.
5. Directive Principles of State policy.-
The Directive Principles of State Policy contained in Part of the Constitution set out the aims
and objectives to be taken by the state in the governance of the country. According to B.R.
Ambedkar “the Directive Principle of State policy is a novel feature of the Indian Constitution.
They can be classified into three broad categories, Socialistic, Gandhian and Liberal-
intellectual.
6. Fundamental Duties.-
By Forty-second Amendment Act, Part IVA has been added to the Constitution which
enumerates certain fundamental duties of the citizens. Originally, ten duties were enlisted in
clause (a) to (j) of article 51A. Clause (k), which imposes duty on parents/wards has been added
by the Constitution (86th Amendment) Act, 2002.
7. A Federation with Strong Centralizing Tendency.-
The term ‘federation’ has nowhere been used in the Constitution. Article 1 describes that India
“is a Union of States” which implies two things: Firstly – Indian federation is not the result of
an agreement by the States; and Secondly – no State has the right to secede from the federation.
The Constitution of India establishes a federal system of Government. It contains all the usual
features of a federation viz., two governments, division of powers, written Constitution,
Supremacy of the Constitution, rigidity of Constitution, independent judiciary and
bicameralism.
8. Adult Suffrage.-
In India every person, male or female, who has obtained the age of 18 years, is entitled to vote
in elections to Parliament or State Legislatures. Originally this age limit was 21 years but after
the 61st Amendment Act, 1988 it was reduced to 18 years.
9. An Independent Judiciary.-
Independence of Judiciary is essential for impartial adjudication of disputes between
individuals, between Union and State, between Union/State and individuals, between Union
and States or between States inter se. The Supreme Court stands at the top of the integrated
judicial system in the country. Below it, there are High Courts at the State level. This single
system of courts enforces both the Central laws as well as the States laws.
The Supreme Court of India is a federal court, the highest court of appeal, the guarantor of the
fundamental rights of the citizens and the guardian of the Constitution
10. A Secular State.-
The Constitution of India stands for a secular State. Hence, it does not uphold any particular
religion as the official religion of the Indian State. The term ‘Secular’ was added to the
Preamble of the Indian Constitution by the 42nd Amendment Act, 1976. Articles 25-28 of the
Constitution give concrete shape to this concept of secularism.
11. Single Citizenship.-
In most of the federation, people have double citizenship, citizenship of the Union and
citizenship of one of the several States which form the Union. Every citizen is the citizen of
India and enjoys the same rights of citizenship no matter in which State he resides.
12. Separation of Powers.-
This doctrine was for the first time properly formulated by the famous Jurist Montesquieu in
his Escript Des Lois and exercised great influence on the French legal system. Doctrine of
separation of powers implies that powers of the three organs of the government viz.,
Legislative, Executive and Judiciary should be kept separate from each other.

Features of Indian Constitution borrowed from other the Constitution of other Countries
Preamble
The Preamble of the Constitution of India was first introduced on the 26th of November 1949.
But Indian Preamble of the Constitution started its action on 26th January 1950. The Preamble
of the Constitution of India was introduced by the constituent assembly, and the day on which
the Preamble of the Constitution came into effect i.e. 26th January is performed as Republic
Day every year in India.
The principle by which the preamble was set was the Objectives Resolution of Jawaharlal
Nehru. The ideals were accepted on 22nd January 1947 by the Constituent Assembly. But the
Objective Resolution for the Preamble of the Constitution was drafted and transferred to the
Constituent Assembly on December 13, 1946, by Jawaharlal Nehru. Within the Indian people,
the Preamble of the Constitution indicates the authority’s source of the Constitution. The
keywords by which the Preamble of India is determined are Socialist, Sovereign, Secular,
Democratic, Republic.
Sovereign
The word ‘sovereign’ as described by the Preamble of the Constitution means that India is not
dominated by any external power and the state is having its independent authority. Simply
sovereignty means that a state is having independent authority.
Socialist
In the form of some Directive Principles of State Policy, the Constitution of India has socialist
content included in the preamble, then after the term, ‘socialist’ was added in the
42nd Amendment in the year 1976. Here, in the Preamble of the Constitution socialist means
democratic socialism which is defined as achieving the socialist goals in an evolutionary,
democratic, and non-violent way. It keeps faith in the mixed economy in which both the public
sectors and private sectors are present.
Secular
The term ‘secular’ was added in the 42nd Amendment in the year 1976. Secularism in the
Preamble of the Constitution of India is described as all the religions i.e. Buddhism, Hinduism,
Sikhism, Islam, Jainism are Christianity are all equal in this state. India is not a state with only
one religion.
Democratic
The term ‘democratic’ was added in the 42nd Amendment in the year 1976, it explains that
every citizen of India has the right to vote and select the governments of their choice. The
voting right is for all the people who have citizenship in India and are 18 years or above.
Economic and social democracy is also included in this.
Republic
The term ‘secular’ was added in the 42nd Amendment in the year 1976, it explains that the
state’s head is elected by the people, which means that public power is not a proprietary right
and the leaders can be changed by election every 5 years.
Objectives of the Indian Preamble of the Constitution
The Preamble of the Constitution provides ideas about the listed objectives:
1. Justice
2. Liberty
3. Equality
4. Fraternity
Components of the Preamble of the Constitution
• The Preamble of the Constitution includes the date when the Preamble was introduced
on 26th November in the year 1949.
• India is not dominated by any external power and the state is having its independent
authority, it simply means that citizens of India have the power to elect heads and other
representatives of the state and they also have the power to criticize them.
• The nature of the state of India is explained in the Preamble of the Constitution of India,
those are Socialist, Sovereign, Secular, Democratic, Republic.
• The Preamble of the Constitution also includes the objectives those are Liberty, Justice,
Fraternity, and Equality.

Fundamental Rights
Fundamental rights enshrined in the Part III of the Constitution from Articles 12-35. They are
the basic human rights which are guaranteed to all citizens. They are applied without
discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights
are enforceable by the courts, subject to certain conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:
1. They are enshrined in the Constitution which guarantees them.
2. They are justiciable (enforceable by courts). In case of a violation, a person can
approach a court of law.
How many Fundamental Rights are there in the Indian Constitution?
There are six fundamental rights in the Indian Constitution. They are mentioned below along
with the constitutional articles related to them:
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)
Why Right to Property is not a Fundamental Right?
There was one more fundamental right in the Indian Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th Constitutional
Amendment.
This was because this right proved to be a hindrance towards attaining the goal of socialism
and redistributing wealth (property) equitably among the people.
Right to Equality (Article 14 to Article 18)
These provisions of the Indian Constitution ensure equal treatment and opportunities for all
citizens before the law. This right includes the following
Equality before Law and Equal Protection of Laws (Article 14)
This provision ensures that the state shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India. It prohibits arbitrary discrimination
by the state and guarantees equal treatment under similar circumstances.
Prohibition of Discrimination on Certain Grounds (Article 15)
This provision prohibits discrimination on grounds only of religion, race, caste, sex, or place
of birth. It ensures that no citizen shall be subjected to any disability, liability, or restriction
only on these grounds.
Equality of Opportunity in Public Employment (Article 16)
This provision guarantees equality of opportunity in matters of public employment or
appointment. It prohibits discrimination in these matters only on grounds of religion, race,
caste, sex, descent, place of birth, or residence.
Abolition of Untouchability (Article 17)
This provision abolishes untouchability and prohibits its practice in any form. It recognizes
untouchability as a social evil and ensures the eradication of this discriminatory practice in
Indian society.
Abolition of Titles (Article 18)
This provision prohibits the state from conferring titles, except military and academic
distinctions, on individuals. It also makes certain provisions regarding accepting any title,
present, emolument, or office from or under any foreign State.
Right to Freedom (Article 19 to Article 22)
These provisions of the Indian Constitution safeguard various individual liberties and
freedoms. This right includes the following:
Protection of Six Rights (Article 19)
This article guarantees to all citizens the following six rights:
Freedom of Speech and Expression (Article 19(1)(a))
This provision grants citizens the freedom to express their views, opinions, beliefs, and
convictions freely through speech, writing, printing, or any other mode. However, reasonable
restrictions can be imposed by the state on grounds such as public order, defamation, incitement
to offense, etc.
Freedom of Assembly (Article 19(1)(b))
Citizens have the right to assemble peacefully without arms. It includes the right to hold public
meetings, demonstrations, and take-out processions, but does not include the right to strike.
Freedom of Association (Article 19(1)(c))
Individuals have the right to form associations, unions, or cooperative societies, enabling them
to collectively pursue common interests or goals. However, reasonable restrictions can be
imposed in the interest of public order, morality, or the sovereignty and integrity of India.
Freedom of Movement (Article 19(1)(d))
Every citizen has the right to move freely throughout the territory of India. Reasonable
restrictions can be imposed on this right on the grounds of the interests of the general public
and the protection of the interests of any scheduled tribe.
Freedom of Residence (Article 19(1)(e))
Citizens have the freedom to reside and settle in any part of India, allowing for geographical
mobility and the exercise of individual choice in determining one’s place of residence.
Freedom of Profession (Article 19(1)(g))
Individuals have the right to practice any profession or to carry on any occupation, trade, or
business of their choice, subject to certain restrictions imposed in the interest of the general
public.
Note: Originally, the right to acquire, hold, and dispose of property was one of the fundamental
rights enshrined in Article 19(1)(f) of the Indian Constitution. However, the 44th Amendment
Act of 1978 removed this right from the list of fundamental rights and placed it under Article
300A as a constitutional right.
Protection in Respect of Conviction for Offenses (Article 20)
It grants protection against arbitrary and excessive punishment to an accused person, whether
a citizen, a foreigner, or a legal person. It contains three provisions in this regard:
Protection against Retrospective Criminal Legislations (Article 20(1))
Any individual can be convicted only for violation of a law in force at the time of commission
of the act. Also, the person cannot be subjected to a penalty greater than that prescribed by the
law in force at the time of the commission of the act.
Protection against Double Jeopardy (Article 20(2))
A person cannot be tried and punished again for an offense for which they have already been
either acquitted or convicted.
Protection against Self-Incrimination (Article 20(3))
No person accused of an offense shall be compelled to be a witness against oneself.
Protection of Life and Personal Liberty (Article 21)
This provision guarantees that no person shall be deprived of their life or personal liberty except
according to the procedure established by law. This right is available to both citizens and non-
citizens and serves as a cornerstone of individual rights.
Right to Education (Article 21A)
This provision guarantees the right to free and compulsory education for children aged 6 to 14
years. It mandates the State to provide access to quality education, ensuring that every child
has the opportunity to receive education without any discrimination. This provision was added
by the 86th Constitutional Amendment Act of 2002.
Protection Against Arrest and Detention (Article 22)
This provision ensures certain protections to persons who are arrested or detained, including
the right to be informed of the grounds of arrest, the right to consult and be defended by a legal
practitioner, and the right to be produced before a magistrate within 24 hours of arrest. It
prevents arbitrary detention and ensures fair treatment of individuals in custody.
Right Against Exploitation (Article 23 to Article 24)
These provisions of the Indian Constitution provide certain safeguards to protect people,
especially vulnerable sections, from exploitation. Various rights included under this are:
Prohibition of Traffic in Human Beings and Forced Labour (Article 23)
This provision prohibits human trafficking and forced labor. It makes such acts punishable
offenses.
Prohibition of Employment of Children in Factories (Article 24)
This provision prohibits the employment of children under the age of fourteen in any factory,
mine, or other hazardous activities. However, it does not prohibit their employment in any
harmless or innocent work.
Right to Freedom of Religion (Article 25 to 28)
These provisions of the Indian Constitution guarantee individuals the freedom to profess,
practice, and propagate the religion of their choice. It ensures secularism by mandating that the
state maintain neutrality and treat all religions equally.
Freedom of Conscience and Free Profession, Practice, and Propagation of Religion (Article 25)
This article says that all persons are equally entitled to freedom of conscience and the right to
freely profess, practice, and propagate religion. The implications of these are:
Freedom of conscience
Individuals have the freedom to shape their relationship with God and other creatures in
whatever way they desire.
Right to Profess
To declare one’s religious beliefs and faith openly and freely.
Right to Practice
To perform religious worship, rituals, ceremonies, and exhibition of beliefs and ideas.
Right to Propagate
To transmit or disseminate one’s religious beliefs to others. However, it does not include a right
to convert another person to one’s religion.
Freedom to Manage Religious Affairs (Article 26)
This provision states that every religious denomination or its section shall have the following
rights-
• Right to establish and maintain institutions for religious and charitable purposes,
• Right to manage its affairs in matters of religion,
• Right to own and acquire movable and immovable property, and
• Right to administer such property as per law.
Freedom from Taxation for Promotion of a Religion (Article 27)
This provision prohibits the State from levying taxes for promoting or maintaining any
particular religion or religious denomination. It upholds the principle of secularism and ensures
that the State remains neutral in matters of religion, fostering equality and religious freedom
for all citizens.
Freedom from Attending Religious Instruction (Article 28)
It makes provisions for religious instruction in different categories of educational institutions,
as described below:
• Institutions wholly maintained by the State- religious instruction is completely
prohibited.
• Institutions administered by the State but established under any endowment or trust –
religious instruction is permitted.
• Institutions recognized by the State- religious instruction is permitted on a voluntary
basis i.e. with the consent of the person.
• Institutions receiving aid from the State- religious instruction is permitted on a
voluntary basis i.e. with the consent of the person.
Cultural and Educational Rights (Article 29 to Article 30)
These provisions of the Indian Constitution safeguard the rights of minorities to conserve their
culture, language, and script.
Protection of Interests of Minorities (Article 29)
It provides that:
• Any section of citizens having a distinct language, script, or culture of its own, shall
have the right to conserve the same.
• No citizen shall be denied admission into any educational institution maintained by the
state or receiving aid out-of-state funds on grounds only of religion, race, caste, or
language.
As noted by the Supreme Court, the use of the phrase ‘section of citizens’ in the Article means
that it applies to minorities as well as the majority. Thus, the scope of this article is not
necessarily restricted to minorities only.
Right of Minorities to Establish and Administer Educational Institutions (Article 30)
This provision grants minorities (both religious as well as linguistic) certain rights, such as the
right to establish and administer educational institutions of their choice, the right to impart
education to their children in its own language, etc.
It is to be noted that the protection under this provision is confined only to minorities (religious
or linguistic) and does not extend to any section of citizens (as under Article 29).
Right to Constitutional Remedies (Article 32)
It confers the right to remedies for the enforcement of the fundamental rights in case of
violation of the same. It makes the following provisions regarding the same:
• The right to move the Supreme Court for the enforcement of the Fundamental Rights
is guaranteed.
• The Supreme Court shall have the power to issue directions, orders, or writs
• for the enforcement of fundamental rights.
• The Parliament can empower any other court to issue directions, orders, or writs for the
enforcement of fundamental rights.
• The right to move the Supreme Court shall not be suspended except as otherwise
provided for by the Constitution.
o These provisions give the right to get the Fundamental Rights protected, making
the Fundamental Rights real.

Limitations of Fundamental Rights

Fundamental rights are a crucial aspect of any democratic society, as they protect and guarantee
certain basic liberties and freedoms to individuals. However, it is important to recognise that
these rights also have limitations. Here are some common limitations associated with
fundamental rights:
• Exclusion of social and economic rights: Fundamental Rights in India overlook crucial
socio-economic rights such as the right to social security, work, employment, leisure,
etc.
o Unlike countries like South Africa, Mexico, and Germany, India has not
incorporated these rights into its constitution.
• Suspension during a national emergency: Fundamental Rights can be suspended
(except for Articles 20 and 21) during a National Emergency, which undermines the
country's democratic system by putting the rights of citizens in jeopardy.
• Neither sacrosanct nor Permanent: The Parliament can limit or extend Fundamental
Rights through a constitutional amendment act under Article 368 and this can be
accomplished without affecting the "Basic Structure of the Constitution."
• Not Absolute: Parliament can impose reasonable restrictions on Fundamental Rights
provided under Article 19, which forms the bedrock of democracy.
o Article 19(2) allows for restrictions in the interests of the security and
sovereignty of India, friendly relations with Foreign States, public order,
decency or morality, contempt of court, defamation or incitement to an offence.
• Preventive detention: The Constitution allows for the preventive detention of
individuals under Article 22 without charge or trial. This is a contentious provision
because it has the potential to limit individuals' life and liberty as provided in Article
20.
• Lack of Clarity: Certain terms and phrases used to define the various fundamental rights
lack clarity as their explanation is not given in the constitution of India. This creates
some confusion or vagueness in understanding the scope of these rights.
o Words such as, 'Public order', 'minorities', 'reasonable restrictions', etc. belong
to this category, which have not been defined properly in the Constitution.

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