Indian Constitution

Module 2
 Syllabus
• Salient Features of Indian
Constitution
• Preamble of Indian Constitution & Key
concepts of Preamble
• Fundamental Rights (FR’s) & its
Restriction and limitations in different
complex situation
 Salient Features of Indian Constitution
1. Lengthiest Written Constitution in the World
- Indian Constitution contains a Preamble, 22 Parts, 395 Articles and 8
Schedules during the time of adoption.
- Now IC contains a Preamble, 25 Parts, 470 Articles and 12 Schedules
2. Universal Adult Franchise (UAF)
- All the citizens above 18years have rights to Vote
3. Secular State
– No discrimination between two religions
4. Borrowed from various sources
5. Quasi – Federal System
- Federal: Powers Divided between national government and regional
government
- Division of Powers : 1. Union List – 100 Subjects such as Railway, Passport,
Defence, external affairs etc., 2. State List – 61 subjects such as Police,
Local Government etc., 3. Concurrent List – 52 Subject such as Criminal
Law, Forests, Education etc.,
- In case of conflict between central and state law on any subject relates to
concurrent list, the central law prevails
- Unitary: Power lies in the hand of National government
- Single Constitution & Single Citizenship
6. Blend of Rigid & Flexible
- Rigid: Difficult to make changes - USA
- Flexible: Easy to make changes – British
7. Parliamentary Government
- In parliamentary form of government, the executive is
accountable to the legislature and both organ work on
the principle of cooperation and co-ordination .
8. Three Level Government
- Originally constitution of India provided for only dual
polity i.e., the central government and state
government.
- 73rd and 74th amendments added third level
government i.e., Local government such as
Panchayats and Municipalities.
9. Constitutional Bodies
- It is directly established by the constitution itself
- Example: UPSC, KPSC, National Commission for SC, etc.,
10. Fundamental Rights (FR’s)
- Part III of the constitution from Article 12 to 35 deals
with the FR’s, Borrowed from USA
11. Directive Principles of State Policies (DPSP’s)
- Part IV of the constitution from Article 36 to 51 deals
with the DPSP’s, Borrowed from Ireland
12. Fundamental Duties
- There are about 11 FD’s which is listed in Article 51A,
Borrowed from USSR (Soviet)
13. Judicial System
- India has a integrated and independent judicial
system
- Integrated means it has a single system of courts
- Independent means it is not dependent on either
legislature nor executive organs of the government
14. Emergency Provisions
- Part XVIII of the constitution from Article 352 to 360
deals with the various aspects of Emergency Provisions
- National Emergency (352), President Rule (356),
Financial Emergency (360)
 Preamble to the constitution of India
(Objective, goals & basic principles of the
Constitution of India)
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC
and

To secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity, and to promote among them all,

FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this 26th day of November 1949,

do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
• The Preamble is Non – Justiciable which means
citizen cannot seek justice in the courts of law
based on Preamble.
• Preamble is a part of Constitution and it is
subjected to the amending power of the parliament.

In 42nd Amendment Act, 1976, introduced 3 words to

the preamble,

1.Socialist 2.Secular 3.Integrity

 Key words of Preamble
• Sovereign: A nation which is independent and which has no
interference of external powers in management of its
internal affairs.
• Socialist: (General meaning-Ownership of property only by
state or Government)
• But both private & public sector to co-exist in order to
attain welfare of people.
• In some areas private entities are strictly prohibited. Ex:
Atomic energy, Railway etc.,
• Secular: State is not recognized by religion
• Democratic: Rule of people (representative democracy)
• Republic: Supreme head of a state is elected and is not a
monarch nominated be heredity. (Eg: in India, both real
head i.e., PM & Nominal head i.e., President, are elected)
(Monarchy is contrary to republic)
• Justice: The quality of being just or fair
- Social Justice, Economic Justice and Political
Justice
• Liberty: It implies the freedom of choice.
- Our constitution provides opportunity for all to
develop the personalities.
- It gives the liberty of thought, expression, belief,
faith and worship through Fundamental Rights.
• Equality: To provide equal opportunity and
status to all citizens without any discrimination.
• Fraternity: It implies the sense of brotherhood or
friendship and mutual support within a group.
- Preamble ensures the dignity of individual and
the unity & integrity of India
 FUNDAMENTAL RIGHTS
(Part III: Article 12-35)
Fundamental rights are those rights which are ‘essential to lead a
bare minimum quality of life’

• Article-12, “State”- means

State, Union Executive Local Bodies (Panchayats, Govt Corporations
& legislative Organs Municipal Corporations, Companies
Govt Boards)

• FRs of the constitution is described as the Magna Carta of India

• Originally, there are seven fundamental rights i.e., Right to
Property
• 44th Amendment Act of 1978 erased the Right to Property from
fundamental rights and made as a legal right under Article 300 A
• Now there are Six Fundamental Rights
• It is barrowed from USA Constitution
 Important Characteristics of
Fundamental Rights
• They are justiciable.
- Supreme court and High courts act as the protector
defender and guarantor of the FRs of the people.
• The FRs are guaranteed against the state only
- There is only legal remedies available and not the
constitutional remedies
• FRs are not absolute but quantified
- The state can impose reasonable restrictions on them
- Ex: Prohibition on any objectionable comments in social
media
• The parliament has the power to amend any FRs
• The FRs can suspend during National Emergency except
rights given under Article 20 and 21.
• The application of FRs is limited to armed force,
intelligence agencies (RAW & IB), etc.,
• Foreigners can also enjoy few FRs not all six rights
Six Fundamental Rights are as follows

1. Right to equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Articles 23-24)
4. Right freedom of Religion (Articles 25-28)
5. Cultural & Educational Rights of Minorities
(Article-29-30)
6. Right to Constitutional Remedies (Article-32)
 RIGHT TO EQUALITY
(Article 14-18)
• Article 14: Equality before Law and Equal
Protection of Law
• Article 15: Prohibition of Discrimination on
certain grounds
• Article 16: Equality of Opportunity in Matters
of Public Employment
• Article 17: Abolition of Untouchability
• Article 18: Abolition of Titles
 RIGHT TO FREEDOM
(Article 19-22)
• Article 19: Protection of Six Rights
- Freedom of Speech, Assembly, Association, Movement,
Residence and Profession, occupation, Trade or
Business
• Article 20: Protection in Respect of conviction for
offences
- No ex-post facto law, No double Jeopardy, No self
incrimination
- Article 20 cannot be suspended during emergency
period
• Article 21: Protection of Life and Personal Liberty
• Article 21A: Right to Education
- 21A added in 86th Amendment Act 2002 : Free &
Compulsory education for all children between the age
of 6 and 14 years
• Article 22: Protest against Arrest and Personal
Detention
 RIGHT AGAINST EXPLOITATION
(Article 23-24)
• 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 25-28)
• Article 25: Freedom of Conscience
and Free Profession, Practice and
Propagation of Religion
• Article 26: Freedom to manage
Religious Affair
• Article 27: Freedom Not to Pay Tax
for Religious Promotion
• Article 28: Freedom Not to Attend
Religious Instruction
 CULTURAL AND EDUCATIONAL
RIGHTS
(Article 29-30)

• Article 29: Protection of Interests of

Minorities
- No citizen shall be denied admission
to any educational institution
maintained by the state on the
grounds of relegion, caste etc.,
• Article 30: Rights of Minorities to
Establish and Administer Educational
Institutions
 RIGHTS TO CONSTITUTIONAL REMIDIES

• Article 32: Remedies for enforcement

of rights conferred by this part

This right gives a citizen the right to

approach a high court or the supreme
court to get any of the fundamental
rights restored in case of their violation.
- It is a heart and soul of the
constitution
 Writ - Command in writing in
the name of court
• Habeas Corpus (H)
• Mandamus (M)
• Prohibition (P)
• Certiorari (C)
• Quo Warranto (Q)
• Habeas Corpus (H):
- Writ ordering for the arrested person to
be presented before the court.
- Arrested person to set free
• Mandamus (M)
- Writ issued against a particular office
holder if he/she is not doing legal duty.
- Infringing the right of Individual
• Quo Warranto (Q)
- If a person is holding a office which
he/she is not entitled to hold
- Writ of Quo Warranto restricts that
person from acting as an office holder
• Prohibition (P)
- Issued by higher court over lower
court (Supreme court or high court).
- If lower court is considered a case is
going beyond its jurisdiction.
• Certiorari (C)
- Writ issued for transferring the matter
pending in lower court or other
authority to higher court or authoity.
 MCQs
1. Which of the following writ is issued by
the supreme court if it sends an order
to restrain a person from acting in an
office to which he is not entitled

a) Habeas Corpus
b) Prohibition
c) Certiorari
d) Quo warranto
1. Which of the following writ is issued by
the supreme court if it sends an order
to restrain a person from acting in an
office to which he is not entitled

a) Habeas Corpus
b) Prohibition
c) Certiorari
d) Quo warranto
2. Which of the following article of the
Constitution of India covers the Rights
to Freedom?

a) Article 19 - 22
b) Article 29 – 30
c) Article 32
d) Article 14 - 18
2. Which of the following article of the
Constitution of India covers the Rights
to Freedom?

a) Article 19 - 22
b) Article 29 – 30
c) Article 32
d) Article 14 - 18
3. During the National Emergency
which of the following provision stands
suspended

a) DPSP
b) Amendment Procedure
c) Fundamental Rights
d) Judicial Review
3. During the National Emergency
which of the following provision stands
suspended

a) DPSP
b) Amendment Procedure
c) Fundamental Rights
d) Judicial Review
4. Which FR ceased to be a FR and
became a Legal Right under the 44th
Amendment of the Constitution

a) Right to Property
b) Right to Primary Education
c) Rights to Information
d) Right to Life
4. Which FR ceased to be a FR and
became a Legal Right under the 44th
Amendment of the Constitution

a) Right to Property
b) Right to Primary Education
c) Rights to Information
d) Right to Life
5. Fundamental Rights in the Indian
Constitution have been taken from the

a) Russian Constitution
b) US Constitution
c) British Constitution
d) Act of 1935
5. Fundamental Rights in the Indian
Constitution have been taken from the

a) Russian Constitution
b) US Constitution
c) British Constitution
d) Act of 1935
6. Article 21A of the Constitution of
India provides Right to

a) Work
b) Privacy
c) Equality
d) Education
6. Article 21A of the Constitution of
India provides Right to

a) Work
b) Privacy
c) Equality
d) Education
7. In the Indian Constitution as per FRs,
Abolition of Untouchability is a

a) Right to Equality
b) Rights to Freedom of Religion
c) Rights against Exploitation
d) Rights to Constitutional Remedy
7. In the Indian Constitution as per FRs,
Abolition of Untouchability is a

a) Right to Equality
b) Rights to Freedom of Religion
c) Rights against Exploitation
d) Rights to Constitutional Remedy
8. The Preamble of the Constitution of
India has been amended so far

a) Four Times
b) Thrice
c) Twice
d) Once
8. The Preamble of the Constitution of
India has been amended so far

a) Four Times
b) Thrice
c) Twice
d) Once
9. The Indian Constitution is

a) Based on Conventions
b) A brief Document
c) An evolved Constitution
d) Written and Bulky Document
9. The Indian Constitution is

a) Based on Conventions
b) A brief Document
c) An evolved Constitution
d) Written and Bulky Document
10. The Constitution of India is

a) A Unitary State
b) A Federation
c) A Quasi Federal State
d) A Union of States
10. The Constitution of India is

a) A Unitary State
b) A Federation
c) A Quasi Federal State
d) A Union of States
11. What is the present number of
Article in Indian Constitution

a) 395
b) 376
c) 445
d) 448
11. What is the present number of Article
in Indian Constitution

a) 395
b) 376
c) 445
d) 448

Note: However as of now the present number of article is 470

12. Which Amended Act added the word
“Secular” in Constitution of India?

a) 42nd Amendment
b) 44th Amendment
c) 45th Amendment
d) 46th Amendment
12. Which Amended Act added the word
“Secular” in Constitution of India?

a) 42nd Amendment
b) 44th Amendment
c) 45th Amendment
d) 46th Amendment