Constitution – fundamental law of the land

it is a document that spells out a nation’s basic principles and laws

 The first function of a constitution is to provide a set of basic rules that allow for minimal
coordination amongst members of a society.
 The second function of a constitution is to specify who has the power to make decisions in a
society. It decides how the government will be constituted.
 So the third function of a constitution is to set some limits on what a government can impose on
its citizens. These limits are fundamental in the sense that government may never trespass
them.
 The fourth function of a constitution is to enable the government to fulfil the aspirations of a
society and create conditions for a just society.
 The framework of the three organs of the government (legislature, executive, and judiciary) and
their roles and responsibilities;
Checks and balances amongst the three organs of government to ensure fairness, responsibility
and accountability;
 The rights and duties of the citizens; an outline of the long-term goals and aspirations of the
nation.

Constitutionalism – Constitutionalism refers to the principle that governmental power should be limited
and exercised according to a constitution, rather than arbitrarily. It's not just about having a
constitution, but ensuring the government adheres to its principles and respects the rule of law,
separation of powers, and fundamental rights. i.e, limited government.

Constitutional morality- entails adherence to constitutional norms that enable the practice of the
Constitution not only in letters but also in spirit.

Written constitution vs Unwritten constitution - A written constitution is a single, formal document

JUDICIARY
Independent judiciary & Integrated judiciary- The Indian judiciary is described as both integrated and
independent. It's integrated because it forms a single, hierarchical system with the Supreme Court at the
apex, followed by High Courts, and then subordinate courts. This structure ensures uniformity in the

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application of laws across the nation. It's independent because the judiciary is free from interference by
the executive and legislative branches, ensuring impartial and fair judgments

Rule of law -by A.V. Diecy 3 principles

Civil vs criminal laws - Criminal law focuses on offenses against society, while civil law addresses
disputes between individuals or organizations. Civil Law deals with Property, Money, Housing, Divorce,
custody of a child in the event of divorce etc. Criminal Law will deal with serious crimes such as murder,
rapes, arson, robbery, assault etc
Preventive detention vs punitive detention- Punitive detention is imposed as punishment after a
conviction for a crime, while preventive detention aims to prevent future harm or criminal activity based
on suspicion, without requiring a prior conviction.
Cognizable offence vs non cognizable offences - Cognizable offences are serious crimes where police
can arrest without a warrant and investigate immediately. Non-cognizable offences are less severe,
requiring a warrant for arrest and permission from a magistrate for investigation
Compoundable vs Non compoundable offences- Compoundable offenses are those where the victim
and the accused can reach a compromise and settle the matter, often with court approval. Non-
compoundable offenses, on the other hand, are considered too serious to be settled through
compromise and require a full trial.
Bailable vs Non Bailable offences - Bailable offenses are generally less serious, and bail must be granted
by the police or the court upon request, while non-bailable offenses involve more serious crimes, and
bail is at the court's discretion.

Preamble -
Source of constitution and constitutional power - WE, THE PEOPLE OF INDIA-
Ideals- SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
Values –
 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;
Adopted on November 26, 1949, by the Constituent Assembly. However, it came into effect on January
26, 1950, which is celebrated as Republic Day.

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Objective resolution- The Objectives Resolution, moved by Jawaharlal Nehru on December 13, 1946, in
the Constituent Assembly, laid the foundation for the Indian Constitution by outlining its fundamental
principles and objectives. It declared India to be an Independent Sovereign Republic, guaranteeing
justice, equality, and fraternity to all citizens
Socialism- deals with principles which envisage the establishment of a society where all individuals
enjoy equality in different walks of life – economic, political, social,
Fraternity- It refers to the idea of brotherhood and solidarity among citizens of a nation and inculcates
a sense of unity, social harmony, and mutual respect among individuals.
Territory of India vs union of India –
The Territory of India is a wider expression than the Union of India because the Union of India includes
only States which enjoy the status of being members of the federal system and share the distribution of
powers with the Union.
Whereas the Territory of India includes not only the States but also the Union Territories and other
territories that may be acquired by India.

Boundary dispute vs territory ceding- Supreme Court ruled that resolving boundary disputes between
India and another country does not necessitate a constitutional amendment. It can be done by
executive action as it does not involve the cession of Indian territory to a foreign country.

Citizenship
Citizenship by Birth- A person born in India on or after January 26, 1950, is generally an Indian citizen by
birth.
Descent- A person born outside India can be a citizen by descent if either of their parents is an Indian
citizen at the time of their birth. Births outside India on or after December 3, 2004, require the birth to
be registered with the Indian Mission abroad within one year of the birth, with provisions for later
registration with the Central Government's permission.
Registration - Certain categories of persons, such as those of Indian origin residing in India, persons
married to Indian citizens, and minor children of Indian citizens, can be registered as Indian citizens.
Naturalization - Foreigners who have resided in India for a specified period (usually 12 years) and meet
other eligibility criteria can be naturalized as Indian citizens
.Incorporation of territory

Renunciation- This is a voluntary act where an Indian citizen, after acquiring citizenship of another
country, formally renounces their Indian citizenship.
Termination - Termination happens automatically by operation of law when an Indian citizen voluntarily
acquires the citizenship of another country.

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Deprivation - The government can deprive citizenship if it is found that the person obtained citizenship
through fraud, false representation, concealment of material facts, or if they have shown disloyalty to
the Indian Constitution.

Fundamental rights
Fundamental rights is key for political democracy
Negative rights - Negative fundamental rights are those that impose restrictions on the government's
power, preventing it from infringing upon certain individual freedoms. These rights essentially require
the state to refrain from certain actions that would violate individual liberties.
F.Rs are usually Against state
Untouchability - a discriminatory practice rooted in the Indian caste system, involves the social
exclusion and marginalization of certain groups based on their caste

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