7.

Liberty ‘liberty’ means the absence of restraints on the activities of individuals, and at
the same time, providing opportunities for the development of individual
personalities (UPSC 2019)
The Preamble secures to all citizens of India liberty of thought, expression,
belief, faith and worship(UPSC PRE 2017)
8. Equality absence of special privileges to any section of the society, and the provision of
adequate opportunities for all individuals without any discrimination
9. Fraternity Sense of brotherhood- to assure two things– the dignity of the individual and
the unity and integrity of the nation
word ‘integrity’ has been added to the preamble by the 42nd Constitutional
Amendment (1976)

PREAMBLE AS PART OF THE CONSTITUTION

Berubari Union case Supreme Court specifically opined that Preamble is not a part of the
(1960) Constitution
Kesavananda Bharati held that Preamble is a part of the Constitution
case (1973)
LIC of India case (1995) the Supreme Court again held that the Preamble is an integral part of the
Constitution
STATUS OF ● Like any other part of the Constitution, the Preamble was also enacted
PREAMBLE by the Constituent Assembly; but, after the rest of the Constitution was
already enacted(INDEPENDENT)
● The Preamble is neither a source of power to legislature nor a
prohibition upon the powers of legislature
● It is non-justiciable, that is, its provisions are not enforceable in courts
of law. ( UPSC PRE 2020)

AMENABILITY OF THE PREAMBLE

● Preamble can be amended, subject to the condition that no amendment is done to the ‘basic
features’- the fundamental features of the Constitution as contained in the Preamble cannot be
altered by an amendment under Article 368
● Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment
Act, which has added three new words–Socialist, Secular and Integrity–to the Preamble.

UNION AND ITS TERRITORY

UNION OF STATES
● Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’
● First schedule of Constitution lists the names of states and their territories
● phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons: one, the
Indian Federation is not the result of an agreement among the states like the American
Federation; and two, the states have no right to secede from the federation.(INDIAN
FEDERALISM- UPSC PRE 2017)

14 | P a g e
 ● According to Article 1, the territory of India can be classified into three categories:
1. Territories of the states 2. Union territories 3. Territories that may be acquired by the
Government of India at any time.
● Names of states and union territories and their territorial extent are mentioned in the first
schedule of the Constitution.

Article 1 Describes India, that is, Bharat as a ‘Union of States’ rather than a
‘Federation of States’. This provision deals with two things: one,
name of the country; and two, type of polity.

Article 2 Grants two powers to the Parliament: (a) the power to admit into the
Union of India new states; and (b) the power to establish new states.
The first refers to the admission of states which are already in
existence, while the second refers to the establishment of states which
were not in existence before.

Article 3 Parliament to: (a) form a new state by separation of territory from any
state or by uniting two or more states or parts of states or by uniting
any territory to a part of any state;
(b) increase the area of any state;
(c) diminish the area of any state;
(d) alter the boundaries of any state; and
(e) alter the name of any state

● above changes can be introduced in the Parliament only with

the prior recommendation of the President
● President has to refer the same to the state legislature
concerned for expressing its views within a specified period
● power of Parliament to form new states includes the power to
form a new state or union territory by uniting a part of any
state or union territory to any other state or union territory
● President (or Parliament) is not bound by the views of the
state legislature
● Constitution authorizes the Parliament to form new states or
alter the areas, boundaries or names of the existing states
without their consent
● India is rightly described as ‘an indestructible union of
destructible states’

Article 4 ● Declares that laws made for admission or establishment of

new states (under Article 2) and formation of new states and
alteration of areas, boundaries or names of existing states
(under Articles 3) are not to be considered as amendments
of the Constitution under Article 368
● such laws can be passed by a simple majority and by the
ordinary legislative process

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 VARIOUS COMMISSIONS IN EVOLUTION OF STATES AND UT’S

Dhar Commission ● For reorganization of states on linguistic basis.

Accordingly, in June 1948, the Government of India
appointed the Linguistic Provinces Commission under the
chairmanship of S.K. Dhar to examine the feasibility.
● the commission submitted its report in December, 1948,
and recommended the reorganization of states on the
basis of administrative convenience rather than linguistic
factor.

JVP Committee ● It consisted of Jawaharlal Nehru, Vallahbhai Patel and

Pattabhi Sitaramayya and hence, was popularly known as
JVP Committee.
● Constituted in December 1948; submitted its report in April,
1949, and formally rejected language as the basis for
reorganization of states
● However, in October, 1953, the Government of India was
forced to create the first linguistic state, known as Andhra
state, by separating the Telugu speaking areas from the
Madras state.

Fazl Ali Commission ● December, 1953 a three member States Reorganization

Commission under the chairmanship of Fazl Ali. Its other
two members were K.M. Panikkar and H.N. Kunzru
● submitted its report in September 1955 and broadly
accepted language as the basis of reorganization of states
● it rejected the theory of ‘one language-one state’
● commission suggested the abolition of the four-fold
classification of states and territories

States Reorganization Act (1956)- New States and Union Territories Created After 1956

1956 Kerala= Travancore + Cochin + South Canara

Andhra Pradesh= Andhra + Hyderabad
Madhya Pradesh= Madhya Bharat + Vindhya + Bhopal

New UT= Laccadive; Minicoy; Amindivi Islands from the territory

detached from the Madras state

1960 Maharashtra and Gujarat Bifurcated

1961 Dadra and Nagar Haveli (10th const. Amd.)

1962 Goa, daman,Diu (12th Const. Amd.)

French handover Puducherry (14th Const. Amd.)

1963 Nagaland

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 1966 Haryana

1971 Himachal Pradesh

1974 Sikkim (36th Amd. Sikkim full fledged State)

1987 Mizoram, Arunachal Pradesh, Goa

2000 Chattisgarh, Uttarakhand, Jharkhand

2014 Telangana

2019 2 union territories

J&K ; Ladakh
Jammu and Kashmir Reorganization Act, 2019, bifurcated the
erstwhile State of Jammu and Kashmir into two separate union
territories, namely, the union territory of Jammu & Kashmir
and the union territory of Ladakh

CITIZENSHIP
RIGHTS ONLY TO CITIZENS RIGHTS TO ALIENS
● They enjoy all civil and political rights ● Aliens are the citizens of some other state and
● 1. Right against discrimination on hence, do not enjoy all the civil and political
grounds of religion, race, caste, sex or rights
place of birth (Article 15). ● All other rights except Article- 15,16,19,29,30
2. Right to equality of opportunity in are enjoyed by Aliens
the matter of public employment ● However Enemy aliens do not enjoy
(Article 16). protection against arrest and detention
3. Right to freedom of speech and (Article 22).
expression, assembly, association,
movement, residence and profession
(Article 19). *Note :
4. Cultural and educational rights
(Articles 29 and 30). In India both a citizen by birth as
5. Right to vote in elections to the Lok well as a naturalized citizen are
Sabha and state legislative assembly. eligible for the office of President
6. Right to contest for the membership while in USA, only a citizen by birth
of the Parliament and the state and not a naturalized citizen is
legislature. eligible for the office of President
7. Eligibility to hold certain public
offices, that is, President of India, EX: British citizens staying in India cannot claim
Vice-President of India, judges of the right to FREEDOM OF TRADE AND
Supreme Court and the high courts, PROFESSION
Governor of states, Attorney General of (UPSC PRE 1999)
India and Advocate General of states.

17 | P a g e
CONSTITUTIONAL PROVISIONS: (citizenship from Articles 5 to 11 under Part II)
● It only identifies the persons who became citizens of India at its commencement (i.e., on
January 26, 1950)
● neither any permanent nor any elaborate provisions
● It does not deal with the problem of acquisition or loss of citizenship subsequent to its
commencement
● empowers the Parliament to enact a law on matter relating to citizenship

Following four categories of persons became the citizens of India at its commencement i.e., on January
26, 1950

ARTICLE 5 Person who had his domicile in India and also fulfilled any one of the three
conditions, viz.,
1) if he was born in India;
2) or if either of his parents was born in India;
3) or if he has been ordinarily resident in India for five years immediately
before the commencement of the Constitution, became a citizen of India.
ARTICLE 6 A person who migrated to India from Pakistan; if he or either of his
parents or any of his grandparents was born in undivided India
And also fulfill any of 2 conditions
1) he migrated to India before July 19, 1948 , he had been ordinarily
resident in India since the date of his migration
2) he migrated to India before July 19, 19481 , he had been ordinarily
resident in India since the date of his migration
(residence for 6 months before registration)

ARTICLE 7 A person who migrated to Pakistan from India after March 1, 1947
returned to India for resettlement- he had to be resident in India for six
months preceding the date of his application
ARTICLE 8
provision covers the overseas Indians who may want to acquire Indian
citizenship (persons of Indian origin residing outside India)

CITIZENSHIP ACT, 1955

Acquisition of Citizenship Loss of Citizenship
1. By Birth 1. By Renunciation
● A person born in India on or after ● Any citizen of India of full age and capacity
January 26, 1950 but before July 1, can make a declaration renouncing his Indian
1987 is a citizen of India by birth citizenship
● born in India on or after July 1, ● If such a declaration is made during a war in
1987 : citizen only if either of his which India is engaged, its registration shall
parents is a citizen of India at the be withheld by the Central Government
time of his birth ● when a person renounces his Indian
● born in India on or after December citizenship, every minor child of that person
3, 2004 are considered citizens of also loses Indian citizenship. However, when

18 | P a g e
 India only if both of their parents such a child attains the age of eighteen, he
are citizens of India may resume Indian citizenship
*NOTE- children of foreign diplomats posted
in India and enemy aliens cannot acquire
2. By Termination
Indian citizenship by birth
● When an Indian citizen voluntarily
2. By Descent (consciously, knowingly and without duress,
● person born outside India on or after undue influence or compulsion) acquires
January 26, 1950 but before December the citizenship of another country, his Indian
10, 1992 is a citizen of India by citizenship automatically terminates
descent, if his father was a citizen of ● does not apply during a war in which India is
India at the time of his birth engaged.
● December 3, 2004 onwards, a person
born outside India shall not be a citizen
of India by descent, unless his birth is 3. By Deprivation
registered It is a compulsory termination of Indian citizenship
by the Central government, if: (a) the citizen has
3. By Registration obtained the citizenship by fraud:
(b) the citizen has shown disloyalty to the
on an application, register as a citizen of India
Constitution of India:
any person (not being an illegal migrant) if he
(c) the citizen has unlawfully traded or
belongs-
communicated with the enemy during a war;
● ordinarily resident in India for seven
(d) the citizen has, within five years after
years registration or naturalization, been imprisoned in
● person who is married to a citizen of any country for two years; and
India and is ordinarily resident in India (e) the citizen has been ordinarily resident out of
for seven years India for seven years continuously.
● registered as an overseas citizen of
India cardholder for five years, and
who is ordinarily resident in India for OVERSEAS CITIZENSHIP OF
twelve months before making an INDIA
application for registration ● In September 2000, the Government
of India (Ministry of External
4. By Naturalization Affairs) had set-up a High Level
on an application, grant a certificate of Committee on the Indian Diaspora
naturalization to any person (not being an under the Chairmanship of L.M.
illegal migrant) if he- Singhvi
● not a subject or citizen of any ● It recommended the amendment of
country where citizens of India are the Citizenship Act (1955) to
prevented from becoming subjects provide for grant of dual
or citizens citizenship to the Persons of
● he undertakes to renounce the Indian Origin (PIOs) belonging to
citizenship of Origin country in the certain specified countries
event of his application for Indian ● Citizenship (Amendment) Act, 2005,
citizenship being accepted expanded the scope of grant of OCI
● resided in India or been in the for PIOs of all countries except
service of a Government in India Pakistan and Bangladesh as long

19 | P a g e
 ● he is of good character as their home countries all dual
● adequate knowledge of a language citizenship under their local laws
specified in the Eighth Schedule (OCI is not actually a dual
citizenships as the Indian
Constitution forbids dual citizenship
5. By Incorporation of Territory
or dual nationality (Article 9)
For example, when Pondicherry became
● The OCI card scheme was
a part of India
introduced on December 2, 2005.
● The Citizenship (Amendment) Act,
6. Special Provisions as to Citizenship of
2015, replaced the nomenclature of
Persons Covered by the Assam
“Overseas Citizen of India” with that
Accord
of “Overseas Citizen of India
(which related to the foreigners’
Cardholder”(OCIC)
issue):
● All persons of Indian origin who came
to Assam before the January 1, 1966
from Bangladesh -Who have been
ordinarily residents in Assam since
the date of their entry into Assam shall
be deemed to be citizens
● who came to Assam on or after
January 1, 1966 but before March 25,
1971 from Bangladesh and who has
been ordinarily resident in Assam since
the date of his entry into Assam and
who has been detected to be a
foreigner shall register himself.

COMPARING NRI, PIO AND OCI CARDHOLDER

NonResident Indian (NRI) Person of Indian Origin(PIO) Overseas citizens of

India(OCI)Cardholder

An Indian citizen who is A person who or whose any of A Person registered as Overseas
ordinarily residing outside ancestors was an Indian Citizen of India (OCI) Cardholder
India and holds an Indian national and who is presently under the Citizenship Act, 1955
Passport holding another country’s
citizenship / nationality i.e.
he/she is holding foreign
passport

All benefits as available to No specific benefits 1)Multiple lifelong visa for visiting
Indian citizens subject to India for any purpose
notifications issued by the Activity as per the type of visa (require a special permission to
Government from time to time obtained undertake research work in India)

NO VISA REQUIRED

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 2) Exemption from registration with
ALL ACTIVITIES As per the Citizenship Act, Foreigners Regional Registration
1955, he/she has to be Officer (FRRO)
He/she is an Indian citizen ordinarily resident in India 3) Parity with NonResident Indians
for a period of 7 years before (NRIs) in respect of all facilities
making an application for available to them in economic,
registration financial, and educational fields
except in matters relating to the
acquisition of agricultural or
plantation properties
4) treated at par with NonResident
Indians in the matter of intercountry
adoption of Indian children
5) treated at par with resident Indian
nationals in the matter of tariffs in
air fares in domestic sectors in India

FUNDAMENTAL RIGHTS (PART III; ART. 12-35)

● Fundamental Rights are enshrined in Part III (described as the Magna Carta of India) of the
Constitution from Articles 12 to 35 ; derived inspiration from the Constitution of USA (i.e., Bill
of Rights)
● Fundamental Rights are meant for promoting the ideal of political democracy
● protect the liberties and freedoms of the people against the invasion by the State(operate as
limitations on the tyranny of the executive and arbitrary laws of the legislature) (UPSC
2017- FR CLAIMS OF CITIZENS AGAINST STATE)

FEATURES OF FUNDAMENTAL RIGHTS

● Some of them are available only to the citizens while others are available to all persons
whether citizens, foreigners or legal persons like corporations or companies
● They are not absolute but qualified. The state can impose reasonable restrictions on them
● All of them are available against the arbitrary action of the state. Some of them are also
against the actions of private individuals.
● Some of them are negative in character, that is, place limitations on the authority of the State
● They are justiciable
● They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only
by a constitutional amendment act and not by an ordinary act
● They can be suspended during the operation of a National Emergency except the rights
guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be
suspended only when emergency is declared on the grounds of war or external
aggression
● Their application can be restricted while martial law is in force in any area

DEFINITION OF STATE ● Article 12 has defined the term for the purposes of Part III
● State includes- executive and legislative organs of the Union
(even a private body or an government; executive and legislative organs of state
agency working as an

21 | P a g e
instrument of the State falls government; All local authorities, that is, municipalities,
within the meaning of the panchayats, district boards, improvement trusts; All other
‘State’ under Article 12) authorities, that is, statutory or non-statutory authorities like LIC,
ONGC, SAIL, etc

● Article 13 declares that all laws that are inconsistent with or in

LAWS INCONSISTENT derogation of any of the fundamental rights shall be void
WITH FUNDAMENTAL (provides for the doctrine of judicial review)
RIGHTS ● Term ‘law’ in Article 13 : Permanent laws enacted by center and
state; temporary ordinance by president; Statutory instruments of
delegated legislation (executive legislation) like order;
● The Supreme Court held in the Kesavananda Bharati case
(1973) that a Constitutional amendment can be challenged on
the ground that it violates a fundamental right that forms a
part of the ‘basic structure’ of the Constitution and hence, can
be declared as void.

1. RIGHT TO EQUALITY (ART.14-18)

ARTICLE 14 : ● State shall not deny to any person equality before the law or the equal
Equality before Law protection of the laws
and Equal Protection ● concept of ‘equality before law’ is of British origin :(Negative
of Laws Concept)
● It is an element of the concept of ‘Rule of Law’, propounded by
A.V. Dicey, the British jurist
● Supreme Court held that the ‘Rule of Law’ as embodied in
Article 14 is a ‘basic feature’ of the constitution
● British constitution is result of rights of individuals defined by
courts and not a source of rights ; In the Indian System, the
constitution is the source of the individual rights
(a) the absence of any special privileges in favor of any person,
(UPSC2017)
(b) the equal subjection of all persons to the ordinary law of the
land administered by ordinary law courts, and
(c) no person is above the law

● concept of ‘equal protection of laws’ has been taken from the

American Constitution: (Positive Concept)
(a) the equality of treatment under equal circumstances, both in the
privileges conferred and liabilities imposed by the laws, (b) the similar
application of the same laws to all persons
(c) the like should be treated alike without any discrimination
● Exceptions to Equality The rule of equality before law is not absolute
: president, member of parliament, member of state legislatures,
foreign diplomats who enjoy immunities, protections, and special
privileges.

22 | P a g e
ARTICLE 15 ● State shall not discriminate against any citizen on grounds only of
:Prohibition of religion, race, caste, sex or place of birth.
Discrimination on ● word ‘only’ connotes that discrimination on other grounds is not
Certain Grounds prohibited
● No citizens shall be prohibited from using general public use
properties maintained partly of fully by state fund- This provision
prohibits discrimination both by the State and private individuals
● EXCEPTIONS : state is permitted to make any special provision
for women and children; socially and EDUCATIONALLY
backward citizens in education institutes; economically weaker
sections; SC,ST

ARTICLE 16 ● provides for equality of opportunity for all citizens in matters of

:Equality of employment or appointment to any office under the State
Opportunity in Public ● No discrimination for employment under state on grounds of only
Employment religion, race, caste, sex, descent, place of birth or residence
● EXCEPTIONS:
1) Parliament can prescribe residence as a condition for certain
employment or appointment in a state or union territory or local
authority
2) reservation of appointments or posts in favor of any backward
class that is not adequately represented
3) 103rd Amendment Act of 2019 - In order to give effect to this
provision, the central government issued an order (in 2019)
providing 10% reservation to the Economically Weaker
Sections (EWSs) in civil posts and services in the Government of
India

● Article 17 abolishes ‘untouchability’ and forbids its practice in any

ARTICLE 17: form
Abolition of ● The term ‘untouchability’ has not been defined either in the
Untouchability Constitution or in the Act
● Supreme Court held that the right under Article 17 is available against
(UPSC 2020) private individuals

ARTICLE 18: ● It prohibits the state from conferring any title (except a military or
Abolition of Titles academic distinction) on any body, whether a citizen or a foreigner.
● It prohibits a citizen of India from accepting any title from any foreign
state.
● A foreigner holding any office of profit or trust under the state cannot
accept any title from any foreign state without the consent of the
president.
● No citizen or foreigner holding any office of profit or trust under the
State is to accept any present, emolument or office from or under any
foreign State without the consent of the president.

23 | P a g e
 ● Supreme Court upheld the constitutional validity of the National
Awards–Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma
Shri

2. RIGHT TO FREEDOM (ART 19–22)

ARTICLE19 : (i) Right to freedom of speech and expression.

guarantees to all citizens (ii) Right to assemble peaceably and without arms.
the six rights (iii) Right to form associations or unions or co-operative
societies.
(iv) Right to move freely throughout the territory of India.
(v) Right to reside and settle in any part of the territory of India.
(vi) Right to practice any profession

*NOTE- right to acquire, hold and dispose of property was deleted by

the 44th Amendment Act of 1978.

● (State can impose ‘reasonable’ restrictions) EX: Sec 144 can

restrain an assembly, meeting if there is a risk of obstruction,
annoyance or danger to human life, health or safety

ARTICLE 20: ● grants protection against arbitrary and excessive punishment to an

Protection in Respect of accused person, whether citizen or foreigner or legal person
Conviction for Offenses ● It contains three provisions :
(30) No ex-post-facto law: No person shall be (i) convicted of
any offense except for violation of a law in force at the time of
the
commission of the act, nor (ii) subjected to a penalty greater than
that prescribed by the law in force at the time of the commission of
the act.
Limitation is imposed only on criminal laws and not on civil laws
or tax laws
(b) No double jeopardy: No person shall be prosecuted and
punished for the same offense more than once.
Protection against double jeopardy is available only in proceedings
before a court of law or a judicial tribunal NOT for administrative
courts
© No self-incrimination: No person accused of any offense shall
be compelled to be a witness against himself.
Protection against self-incrimination extends to both oral evidence
and documentary evidence-However, it does not extend to (i)
compulsory production of material objects, (ii) compulsion to give
thumb impression, specimen signature, blood specimens, and (iii)
compulsory exhibition of the body

24 | P a g e
 it extends only to criminal proceedings and not to civil
proceedings

ARTICLE 21: ● No person shall be deprived of his life or personal liberty except
Protection of Life and according to procedure established by law
Personal Liberty ● Gopalan case(1950), the Supreme Court has taken a narrow
interpretation of Article 21. It held that the protection under Article
21 is available only against arbitrary executive action and not
from arbitrary legislative action
● Menaka case(1978), taking a wider interpretation of Article 21. It
ruled that the right to life and personal liberty of a person can be
deprived by a law provided the procedure prescribed by that law is
reasonable, fair and just it has introduced the American expression
‘due process of law’
● Right to life also includes right to live with human dignity not
mere survival
● UPSC 2019: ART. 21 safeguards Right to Marry
● UPSC 2018: Right to Privacy is part of Right to life and
personal Liberty is imply in Art.21

ARTICLE 21 A :Right ● It asks the state to provide free and compulsory education to all
to Education children between the ages of 6 to 14 years.
● Also included in DPSP ART.45 and Fundamental Duty ART. 51A
(added by the 86th
Constitutional
Amendment Act of
2002)

ARTICLE 22 ● Article 22 grants protection to persons under both kinds of

:Protection Against detention namely punitive and preventive.
Arrest and Detention ● Punitive detention is to punish a person for an offense committed by
him after trial and conviction in a court.
● Preventive detention, on the other hand, means detention of a
person without trial and conviction by a court. If a person is arrested
after committing a crime, it is called punitive detention.
(Parliament and states ● Art. 22 provides following protection against such detention. Right
concurrently make laws to be informed of the ground of arrest.
on preventive detention.) ● Right to consult and be defended by a lawyer.
● Right to be produced before a magistrate within 24 hours of his
arrest (excluding the time of journey).
● Right not to be detained for more than 24 hours without the
authority of a magistrate
● These are not available to Enemy Alien or under preventive
Detention.
● Safeguards against preventive detention:

25 | P a g e
 1. If the detention is for more than 3 months the matter must be
referred to an advisory board in which there shall be a High Court
judge.
2. The detention may be continued only where the advisory board
considers that there are sufficient grounds for further detention.
3. Grounds of detention must be communicated to the detenu.
4. The detenu must be given an opportunity to make a representation
against the order of detention.

3. RIGHT AGAINST EXPLOITATION : (ART. 23 & 24) (UPSC PRE 2017)

Article 23: Prohibition ● This right is available to both citizens and non-citizens.
of Traffic in human ● It protects the individual not only against the State but also against
beings and forced labor private persons
● Article 23 also provides for an exception to this provision. It
permits the State to impose compulsory service for public purposes,
as for example, military service or social service

Article 24 : Prohibition ● prohibits the employment of children below the age of 14 years in
of Employment of any factory, mine or other hazardous activities
Children in Factories ● it does not prohibit their employment in any harmless or innocent
work

4. RIGHT TO FREEDOM OF RELIGION (ART. 25-28)

ARTICLE 25 : Freedom It says that all persons are equally entitled to freedom of conscience and the
of Conscience and Free right to freely profess, practice and propagate religion. The implications of
Profession, Practice and these are: Freedom of conscience ; Right to profess; Right to practice ; Right
Propagation of Religion to propagate

(Right of Individual) It does not include a right to convert another person to one’s own religion

ARTICLE 26 :Freedom (a) Right to establish and maintain institutions for religious and charitable
to Manage Religious purposes; (b) Right to manage its own affairs in matters of religion; (c) Right
Affairs to own and acquire movable and immovable property; and (d) Right to
administer such property in accordance with law
(Right of group)

ARTICLE 27 :Freedom no person shall be compelled to pay any taxes for the promotion or
from Taxation for maintenance of any particular religion or religious denomination
Promotion of a Religion
State should not spend the public money collected by way of tax for the
promotion or maintenance of any particular religion

No tax but Fee can be levied

26 | P a g e
ARTICLE 28 :Freedom No religious instruction shall be provided in any educational institution
from Attending wholly maintained out of State funds. However, this provision shall not apply
Religious Instruction to an educational institution administered by the State but established under
any endowment or trust, requiring imparting of religious instruction in such
institution

5. CULTURAL AND EDUCATIONAL RIGHTS (ART. 29-30)

ARTICLE 29 provides that any section of the citizens residing in any part of India having
:Protection of Interests a distinct language, script or culture of its own, shall have the right to
of Minorities conserve the same (Right to every citizen-includes Minority as well as
Majority)

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

ARTICLE 30 :Right of All minorities shall have the right to establish and administer educational
Minorities to Establish institutions of their choice (Right only to minority)
and Administer
Educational Institutions Compensation amount fixed by State for compulsory acquisition of property
of a minority educational institution( 44th Amd.)

Term Minority is not Defined in the Constitution.

6. Right to Property and Saving of Certain Laws: Article 31

Article 31: Abolition of right to property The Constitution (44th Amendment) Act, 1978
omitted Article 19(1)(f) (Right to acquire, held hold and dispose of property), and shifted
the provision in Article 31 (no person shall be deprived of his property except by law) to another
article viz. Article 300-A. The effect of this change is that the right to property is no more a
fundamental right. Thus the Right to property, though still a constitutional right(LEGAL
RIGHT), is not a fundamental right. If this right is infringed the aggrieved person cannot
access the Supreme Court directly under Art.
Exceptions To Fundamental Rights :
Art. 31A : Agriculture Reform, Industry, Commerce ( State Can Acquire Personal Land)
Art. 31B : Acts in 9th Schedule protected being challenged on FR (I.R. Coelho case 2007- Ruled
out Blanket immunity)
Art.31C : 1)Laws to implement DPSP 39(b) & (c) immune by FR ( Saving of Laws giving effect
to certain DPSP)
2) No law containing a declaration that it is for giving effect to such policy shall be questioned in
any court on the ground that it does not give effect to such a policy (Kesavananda Bharati Case-
SC declared second provision unconstitutional and void)

7. RIGHT TO CONSTITUTIONAL REMEDIES (ART.32)

● ART.32 is Basic Feature of constitution
● Parliament can empower any other Court to issue directions, orders, writs

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 ● The President can suspend the right to move any court for FR during National emergency(Art.
359)
● Art. 32 is used for only enforcement of Fundamental Rights
● Role of Supreme Court and High Courts regarding Constitutional Remedies are as follows:

Supreme Court (Art. 32) High Court (Art. 226)

● SC can issue writ for FR under Art.32 and ● HC can issue writ for FR as well as Other
Not other rights Rights
● Narrow Writ jurisdiction ● Wider Writ Jurisdiction
● SC can issue writ against body throughout ● Writ against body only confined to that
country ( Territorial Writ Jurisdiction is state territory ( Territorial Writ
Wider) Jurisdiction is Narrow)
● Art. 32 is itself FR hence SC can not ● Art. 226 is discretionary for HC; hence
refuse to exercise writ jurisdiction they May refuse

WRITS–TYPES AND SCOPE

Habeas Corpus Mandamus Prohibition Certiorari Quo-Warranto

Meaning literally means literally it means ‘to it means ‘to be it means ‘by what
‘to have the means ‘we forbid’ certified’ or authority or
body of’ command’ ‘to be warrant’
issued by a informed’
order issued by command higher court issued by the court
the court to a issued by the to a lower issued by a to enquire into the
person who has court to a court or higher court to legality of claim of
detained another public official tribunal to a lower court or a person to a
person, to asking him to prevent the tribunal either public office
produce the perform his latter from to transfer a
body of the official duties exceeding its case pending
latter before it that he has jurisdiction
failed or certiorari is
refused to prohibition both preventive
perform directs as well as
inactivity curative

(preventive)

Can be against both any public issued only Judicial; Quasi- only in case of a
issued public body, a against judicial; substantive public
Against authorities as corporation, judicial and Administrative office of a
well as private an inferior quasi-judicial bodies* permanent
individuals court, a authorities character created
tribunal or by a statute or by
government the Constitution

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Can NOT Lawful Private Body; administrative legislative It cannot be issued
be issued Detention; President ; authorities, bodies and in cases of
Against CJI legislative private ministerial office
Contempt of bodies, and individuals or or private office.
Court private bodies.
individuals

ARMED FORCES AND FUNDAMENTAL RIGHTS

Article 33 The Parliament can restrict or abrogate, by law, FR’s in the application to:

● The members of Armed forces, Paramilitary Forces, police forces,

intelligence agencies.
● The forces charged with the maintenance of public order. A
parliamentary law enacted under Article 33 can also exclude the Court
Martials (tribunals established under the Military law) from the writ
jurisdiction of the SC and HC, so far as the enforcement of the
Fundamental Rights are concerned.

Article 34 While Martial Law is in force in any area, the FRs can be restricted. The
Supreme Court held that the declaration of martial law does not ipso facto
result in the suspension of the writ of habeas corpus.

Article 35 Article 35 lays down that the power to make laws, to give effect to certain
specified fundamental rights shall vest only in the Parliament and not in the
state legislatures.

Legal Rights (RIGHTS OUTSIDE PART III

Art. 265 ; Part XII No tax shall be levied or collected except by authority of law

Art.300A ; part XII No person shall be deprived of his property save by authority of law

Art.301; Part XIII Trade, commerce and intercourse throughout the territory of India shall be free

Art. 326; Part XV Adult Suffrage(Right to Vote) (UPSC 2017)

DIRECTIVE PRINCIPLE OF STATE POLICY (Part IV ;Art.

36-51)

● It is enumerated in Part IV of the Constitution from Articles 36 to 51. This idea is borrowed
from the Irish Constitution of 1937, which had copied it from the Spanish Constitution

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 ● The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep
in mind while formulating policies and enacting laws. (UPSC PRE 2013- DPSP
Fundamentals for Governance) (UPSC 2020- DPSP is to influence making of laws)
● The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the
Government of India Act of 1935.
● They embody the concept of a ‘welfare state’ and not that of a ‘police state’. (UPSC 2020)
● The Directive Principles are non-justiciable in nature. The Directive Principles, though
non-justiciable in nature, help the courts in examining and determining the constitutional validity
of a law.
● DPSP does not constitute limitations upon Legislative or executive Functions however it
guidelines state (UPSC 2017)
● ART.36 : This defines the term state
● ART.37 : It shall be the duty of the state to include DPSP directives in their policies.

SOCIALISTIC DPSP GANDHIAN DPSP LIBERAL DPSP

Article 38: i) create a social Article 40 : Village Panchayats Article 44: Uniform Civil Code
order for the promotion of
welfare of the people. Article 45: Provision for free
ii) state to minimize and compulsory education for
inequalities in income, to Article 43: Cottage Industries children till the age of 14 years
eliminate inequalities in status, (86th Amd.2002)
facilities and opportunities (44TH
Amd.) Article 48: Organization of
Art.43 B : Co-Operative agriculture and animal husbandry
Article 39 :a) Livelihood for All societies(97th Amd. 2011)
b)Equitable Distribution of Article 48 A: Safeguard Forest,
resources for common good Wildlife (42nd Amd.)
c)Prevent Concentration of
Wealth Article 46: SC,ST Promotion Article 49: PreserveMonuments,
d) Equal pay to men and Historical interests
women(UPSC 2006)
e) Health of workers and Article 50: Separate judiciary
children not abused Article 47: Prohibition of liquor from Executive(UPSC PRE
f) Healthy Development of and intoxicating drugs (UPSC 2020)
Children( 42nd Amd.) 2007)
Article 51: Promote International
Article 39 A :Equal justice, peace and security (UPSC PRE
free legal Aid (42nd Amd) 2014)
Article 48 : Prohibit Slaughter
Article 41: provide right to of Cows and draught cattle
work, to education and to public
assistance (UPSC PRE 2012-Gandhian UPSC PRE 2013- Economic
DPSP) Justice (Art. 39(b)(c)) also
Article42 : Humane condition enshrined in DPSP
of work and Maternity Relief (UPSC PRE 2020- Common
Agreement between Gandhism
and Marxism is final goal of
stateless society : this can be

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 inferred from Gandhian
Article43: Social and cultural DPSP) OUTSIDE DPSP:
opportunity of worker; Decent
standard of Life SC,ST’s services(Art.
335; part XVI)
Article43 A: Participation of (UPSC 2015- DPSP SPELLS
workers in industry OUT SOCIO ECONOMIC Instruction in Mother
management(42nd Amd.) DEMOCRACY IN Tongue(Art.350A, Part
(UPSC 2017) COUNTRY) XVII)
Article 47: Nutrition and Public
Development of Hindi
Health
( Art.351, Part XVII)

CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

● CHAMPAKAM CASE 1951 : (FR>>DPSP)(FR CAN BE AMENDED)

● GOLAKNATH CASE 1967 : FR CAN NOT AMENDED FOR DPSP
● 25TH CONST. AMD. INSERTED ART. 31C- 1)FOR IMPLEMENTATION OF DPSP 39( b)&(c)
FR CAN BE AMENDED ; 2) CAN NOT BE CHALLENGED IN COURT
● KESAVANANDA BHARATI CASE – CANCELED 2ND PROVISION
● 42ND CONST. AMD. – (DPSP>>FR)
● MINERVA MILLS CASE 1980 : FR SUPERIOR TO DPSP HOWEVER(DPSP
39(b)&9c)>>FR(14,19))
● FR ARE SUPREME OVER DPSP, PARLIAMENT CAN AMEND FR FOR DPSP

FUNDAMENTAL DUTIES (PART IV-A ; ART.51A; 42 ND CONST. AMD.

1976)

● FD inspired by USSR constitution; Japanese Constitution also incorporate FD

● 1976, Swaran Singh committee recommended FD
● 1999,Verma Committee identified legal provisions of FD
● 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties; 11 th FD added by
86th amd. 2002
● Fundamental Duties are confined to citizens only; they are Non-justiciable without legal
sanction- no legislative process has been provided to enforce FD (UPSC 2017)
1) Respect National Flag and Anthem

UPSC PRE 2011:To Vote in Public

election is NOT FD

UPSC PRE 2012

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 2) Follow Noble Ideals
3) Protect Unity And Integrity of the Nation
4) Defend Country
5) Promote Brotherhood
6) Preserve Rich Heritage
7) Improve/Protect Environment
8) Develop Scientific Temper, Humanism
9) Safeguard Public Property
10) Strive towards Excellence in All Sphere
11) Child Education( 86th Const. Amd. 2002)

AMENDMENT OF THE CONSTITUTION

● Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the
Constitution and its procedure
● Indian Constitution is neither flexible nor rigid but a synthesis of both
● Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution.
This was ruled by the Supreme Court in the Kesavananda Bharati case(1973).
● The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:
● Bill Can be initiated in either house of parliament (UPSC 2013)
● Bill Can be initiated either by Minister or Private member
● Not require Prior Permission of President
● Passed by Special Majority (More than 50% of Total Membership and 2/3 Present and
voting)
● Federal provisions of Bill ratified by Half of states by Simple Majority(UPSC 2013)
● 24th Const. Amd. Made Obligatory for the President to give Assent (President Must
give assent to Const. Amd. Bill)

The Constitution can be amended in three ways:

Simple Majority of Special Majority Of Special majority of the of the

Parliament Parliament Parliament and the ratification
of half of the state legislatures

outside the scope of Article The provisions which can be related to the federal structure of
368 amended by this way includes: the polity
(i) Fundamental Rights; (ii)
1. Add New States; Alter Directive Principles of State There is no time limit within
names; areas Policy; and (iii) All other which the states should give their
2. Formation of provisions which are not consent to the bill
Legislative councils covered by the first and third
3. Second Schedule categories. 1. Election of the President
2. Extent of the executive power
4. Citizenship
of the Union and the states.
5. 5th 6th schedule
3. Supreme Court and high courts.
6. Official Languages 4. Distribution of legislative

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