Constitution 1

A Quick Recap on Important Points

By Ashima Bhattacharjee
 Unit 1

• A Constitution means a document

having a special legal sanctity which
sets out the frame- work and the
principal functions of the organs of
the Government and declares the
principles governing the operation of
those organs.
 Important documents that form the backdrop of the Constitution of
India

• The Government of India Act 1858-Transferred

governance of India from the EIC to the British
Crown and India started being ruled in the name
of Her Majesty
• The Indian Council Act, 1861-
Started the concept of legislation and
representative institutions
• The Indian Councils Act 1892-
Improved on the system of elections in important
provinces
 Important documents that form the backdrop of the
Constitution of India…contd.

• The Indian Councils Act, 1909(Morley Minto

Reforms)-
Enhanced powers of legislative councils , Central as
well as Provincial
• Morley –Chelmsford Report(The Government of
India Act 1919)-
More responsible government with system of
Dyarchy in the Provinces. The upper and lower
house was created in the Central Legislature with
overriding powers with the Governor-General
regarding passage of bills in the legislature
 Important documents that form the backdrop of the
Constitution of India…contd.
• Simon Commission-
Representatives of British Government ,British India
and Rulers of the States met to discuss administrative
reforms in attaining Self Governance in India
• The Government of India Act, 1935-
Established an All India Federation with freedom to
Indian states to join the federation by signing an
Instrument of Accession, Dyarchy at the Centre,
Provincial Autonomy in states with the Governor
acting on behalf of the Crown , Distribution of power
between Centre and the Provinces, Federal Court.
 Important documents that form the backdrop of the Constitution
of India…contd.
• The Cripps Mission, 1942-
Provision for participation of the Indian States in the
Constitution making body for India, Right of any Province of
British India not to accept its constitutional position (thus
implanting the seed of partition in the country)
• The Cabinet Mission , 1946-
The paramount role of the Crown ended, A Constituent
Assembly was elected to frame the Constitution of India, An
interim Government set up with major political parties of India
• The Indian Independence Act, 1947-
August 15th, 1947, British rule came to an end, 2 Dominions of
India and Pakistan created, Empowerment of Constituent
Assemblies of both dominions for framing a new Constitution.
 Drafting of Indian Constitution-Relevant Details and
Timeline
• The Constituent Assembly was elected by the Provincial
Assembly .
• An idea for a Constituent Assembly was proposed in 1934
by M. N. Roy, a pioneer of the Communist movement in India.
It became an official demand of the Indian National
Congress in 1935.
• Dr. Rajendra Prasad was elected as the President of the
Constituent Assembly and its Vice-President was Harendra
Coomar Mookherjee.
• Jurist B. N. Rau was appointed the Constitutional adviser to
the Constituent Assembly and he prepared the initial draft of
the Constitution. It appointed the drafting committee.
 Drafting of Indian Constitution-Relevant Details
and Timeline…contd.

• 9 December, 1946 –
The Constituent Assembly met for the first time in New
Delhi with 211 members attending in the Constitution
Hall which is now known as the Central Hall of the
Parliament House. Pandit Jawaharlal Nehru, Maulana
Abul Kalam Azad, Sardar Vallabhbhai Patel, Acharya J.B.
Kripalani, Dr. Rajendra Prasad, Smt. Sarojini Naidu, Shri
Hare-Krushna Mahatab, Pandit Govind Ballabh Pant, Dr.
B.R. Ambedkar, Shri Sarat Chandra Bose, Shri C.
Rajagopalachari and Shri M. Asaf Ali were some of the
luminaries present.
 Drafting of Indian Constitution-Relevant
Details and Timeline…contd.
• 13th December, 1946- An 'Objective Resolution'
was presented by Jawaharlal Nehru laying down
the underlying principles of the constitution,
which later became the Preamble of the
constitution.
• 29 August, 1947- The Drafting Committee of the
Constitution was set, chaired by B. R. Ambedkar
. He presented a detailed draft constitution
which was published for public discussion
Drafting of Indian Constitution-Relevant Details and
Timeline…contd.

• 22 July 1947-The National flag was adopted.

• 26th November, 1949 -Constitution of India
passed and adopted by the Constituent
Assembly (Samvidhaan Diwas)
• 26th January, 1950-Enforcement of the
Constitution of India as a Republic nation.
 Inspiration and sources for the Indian Constitution

S.No Countries Borrowed Features of Indian

Constitution
1. Australia  Concurrent list
 Freedom of trade,
commerce and intercourse
 Joint-sitting of the two
Houses of Parliament
2. Canada  Federation with a strong
Centre
 Vesting of residuary
powers in the Centre
 Appointment of state
governors by the Centre
 Advisory jurisdiction of the
Supreme Court
 Inspiration and sources for the Indian
Constitution
3. Ireland  Directive Principles of
State Policy
 Nomination of members
to Rajya Sabha
 Method of election of the
president
4. Japan  Procedure Established by
law
5. Soviet Union (USSR) (now,  Fundamental duties
Russia)  Ideals of justice (social,
economic and political) in
the Preamble
 Inspiration and sources for the Indian
Constitution
S.No Countries Borrowed Features of Indian
Constitution
6. UK  Parliamentary government
 Rule of Law
 Legislative procedure
 Single Citizenship
 Cabinet system
 Prerogative writs
 Parliamentary privileges
 Bicameralism
 Inspiration and sources for the Indian
Constitution
S.No Countries Borrowed Features of Indian
Constitution
7. US  Fundamental rights
 Independence of judiciary
 Judicial review
 Impeachment of the
president
 Removal of Supreme Court
and High Court judges
 Post of vice-president
 Inspiration and sources for the Indian
Constitution
S.No Countries Borrowed Features of Indian
Constitution
8. Germany (Weimar)  Suspension of
Fundamental Rights during
emergency
9. South Africa  Procedure for amendment
in the Indian Constitution
 Election of members of
Rajya Sabha
10. France  Republic
 Ideals of liberty, equality
and fraternity in the
Preamble
 Unit II
Salient Features of the Indian Constitution

• The lengthiest Constitution in the world

• Written Constitution
• Supremacy of the Constitution-The executive, legislature and
judiciary is subordinate to and controlled by the Constitution
• Parliamentary form of Government-President is a
constitutional head, Real executive power vests with the
Prime Minister, Collective responsibility of the Council of
Ministers, Multi -political party system
• Unique blend of Rigidity and Flexibility-Complicated
amendment procedure
• Fundamental Rights-Prohibitions against the State with
proper enforcement machinery through Writs
 Salient Features of the Indian Constitution
………cont.

• Directive Principles of State Policy-Non justiciable rights which set the aims
and objectives for the State in the governance of the country
• Fundamental Duties-Norms of democratic conduct inserted by 42nd
amendment
• A Federation with strong centralizing tendency-Unitary character evident in
emergency provisions, 3 Lists, Union and State relationship
• Adult Suffrage-Article 326 provides for uniform right to vote to elect
legislative representatives, without any discrimination
• Impartial and Independent Judiciary-With powers of judicial review
• Secular State-Art 25 to 28 , State regulates relationship between man and
man (not man and God) , Right to acquire , own and administer property by
religious institutions can be regulated by the State
• Single Citizenship
 Preamble

• 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 twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION
 Key Words In The Preamble

• 1. Sovereign :
The term ‘Sovereign’ which is proclaimed by
the Preamble means that India has its own
independent authority and it is not a
dominion of any other external power. In the
country, the legislature has the power to make
laws which is subjected to certain limitations.
 Key Words In The Preamble…….cont.
• 2. Socialist :
The term ‘Socialist’ was added in the Preamble by the 42nd
Amendment, 1976 which signifies the achievement of socialist ends
through democratic means. It is basically a ‘Democratic Socialism’
that holds faith in a mixed economy where both private and public
sectors co-exist harmoniously.

• 3. Secular:
The term ‘Secular’ was incorporated in the Preamble by the 42nd
Constitutional Amendment, 1976 , which means that all the religions
in India get equal respect, protection and support from the state, no
State religion.
 Key Words In The Preamble……cont.

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

5. Republic :
The term ‘Republic’ indicates that the head of the state
is elected by the people directly or indirectly. In India,
the President is the head of the State and he is elected
indirectly by the people
 The Preamble-Relevant Details
• The source of authority is the People of India
who have adopted, enacted and given to
themselves this Constitution
• India’s membership with the Commonwealth
of Nations is not inconsistent with her
independent sovereign status
• Preamble consists of the enacting clause
which brings into force the Constitution
 Preamble-
Supreme Court Interpretations

• Berubari Union case : In this case, it was held by the

Supreme Court that the Preamble is NOT a part of the
Constitution though it is a key to open the minds of the
makers .It shows the general purpose for which the
several provisions were made in the Constitution.
However, it is recognized that the Preamble could be
used as a guiding principle if a term in any article of the
Constitution is ambiguous or has more than one
meaning that requires judicial interpretation.
Supreme Court Interpretations…..cont.
• Keshvananda Bharti v. State of Kerala
In this historic case, the Supreme Court overturned
its earlier Berubari decision and held that the
Preamble IS a part of the Constitution and can be
amended under Article 368 of the Constitution but
Basic Features CANNOT be amended. It was held
that the Constitution should be read and interpreted
in the light and vision expressed in the Preamble.
Again, in LIC of India case, the Supreme Court held
that the Preamble is a part of the Constitution
 The Union and Its Territory
(Article 1-4)

Article 1 –
• The Sovereign Republic of India “ shall be the Union
of States”. Though it is in nature of a federation
with a strong Centre, it is so because of certain
political and administrative convenience. The
federation is a Union because it is
indestructible .Though divided into different states,
India is an integral whole.
 The Union and Its Territory
(Article 1-4)……….cont.

• Article 2- The Parliament has powers to admit new states

into India and to establish new states on such terms and
conditions that it may think fit.
• Article 3-Formation of new States and alteration of areas,
boundaries or names of existing States: Parliament may by
law
– 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;
– increase the area of any State;
– diminish the area of any State;
– alter the boundaries of any State;
– alter the name of any State
 Citizenship

Articles 5 to 11-
• It describes classes of persons who would be deemed to
be the citizens of India at the commencement of the
Constitution.
• Under Article 11, Parliament has passed the Citizenship
Act, 1955 for making provisions for Acquisition and
Termination of citizenship after the commencement of
the Constitution.
Why is it important?
• Certain civil and political rights are available only to the
citizens of India. Citizenship provisions clarify these
issues.
 Citizenship………..cont.
Ex-The Fundamental Rights guaranteed by Articles 14, 20,
21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to
all persons, whether citizens or foreigners.
• The Fundamental Rights guaranteed by Articles 15, 16,
19, 29, and 30 are available only to citizens of India.
Also certain offices under the Constitution can be
occupied by citizens only as office of the President,
Vice –President, Judges of Supreme Court/High Court,
AG, Governor of a State, Advocate General of a State.
Right to vote and to be MPs and MLA s are available
only to citizens of India.
 Citizenship---Landmark Cases
• State Trading Corporation of India Vs. Commercial
Tax Officer-
SC held that a company is not a citizen and cannot
claim Fundamental Rights under the Constitution.
• Bank Nationalization Case-
Neutralized adverse effects of State Trading Corp
case and said that if right of shareholder of a
company was effected, then such shareholder is
entitled to protection under Article 19.
 Articles 12-State

• Includes Government, Parliament (Union), Government and Legislature of State, Local and
Other Authorities within the territory of India and under control of the Government of India.

Relevant Cases-
• Rajasthan State Electricity Board v. Mohal Lal, AIR 1967 SC 1857-
Other Authorities defined, include all authorities created by the Constitution or statute on
whom the powers are conferred by Law. It is not necessary that the statutory authority
should be engaged in performing the governmental or sovereign function.

• Rati Lal v. State of Bombay -

It was held that Judiciary is not State for the purpose of Article 12.

• A.R. Antulay v. R.S. Nayak and N. S. Mirajkar v/s State of Maharashtra,-

It has been observed that when rulemaking power of Judiciary is concerned , it is State but
when exercise of judicial power is concerned it is not a State.

• R.D.Shetty v/s International Airport Authority –

( Court mentioned tests to be considered for determining ‘Other Authority’)
 Unit –III
Right to Equality (Art 14 to 18)

• The Right to Equality means the absence of legal

discrimination only on grounds of caste, race,
religion, sex and place of birth and ensures equal
rights to all citizens.
• It is considered basic feature of the Indian
Constitution.
• The Right to equality is both a positive equality as
well as a negative right(equals would be treated
equally, whilst un-equals would have to be treated
unequally with protective discrimination).
Right to Equality(Art 14 to 18)……cont.
• Under the Indian Constitution, Right to Equality is divided under
the following sub-headings:
• Equality before law (Article 14)
• Prohibition of discrimination on grounds of religion, caste, race,
sex or place of birth (Article 15)
• Equality of opportunity in matters of public employment (Article
16)
• Abolition of untouchability (Article 17)
• Abolition of titles (Article 18)
• Under the Right to Equality, Article 14 provides a general
application whereas Art. 15, Art. 16, Art. 17 and Art. 18 have a
specific application.
 Article 14…….cont.

• The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.
• Article 14 tries to achieve ‘equality of status’ for all people.
• It aims at establishing the ‘rule of law’ in India.
• This guarantee is available to both citizens and non- citizens.
• It applies to all persons, natural as well as juristic.
• This implies the absence of any special privileges in any person.
• Implies no discrimination before the law on grounds like rank, office, etc.
• It means that “the law should be equal and should be equally
administered, that like should be treated alike.” (JENNINGS)
• States that every individual is subject to the jurisdiction of ordinary
courts irrespective of their rank or position.
• Art 14 permits reasonable classification but prohibits class legislation
 Article 14-Relevant Concepts

• Equal protection of the laws-A positive obligation of

the State , protection without favor or discrimination
under similar circumstances, in privileges or liabilities
imposed by law
• Rule of Law-Individuals should be governed by
supremacy of law and the Constitution of the Land
and not by any arbitrary power
• Legislative Classification-Intelligible differentia
(Intelligent reason for classification), Rational Nexus
(Relationship between classification and desired result)
 Article 14…….cont.
• Landmark Cases-
– Charanjit Lal Chowdhury v. Union of India : SC--held
that a law can be constitutional even though it relates
to a single individual if, on account of some special
circumstances, or reasons applicable to him and not
applicable to others, that single individual can be
treated as a class by himself.
– Maneka Gandhi v. UOI , 1978 :SC held that Article 14
requires observance of principles of natural justice and
the requirement of reasoned decisions. Art 14, 19, 21
to be read together.
 Article 14…………….cont.
• State of West Bengal v Anwar Ali Sarkar, 1952 AIR 75 SC:
The Supreme Court invalidated The West Bengal Special
Courts Act, 1950 Act because it conferred arbitrary powers
in the government to classify offences or classes of offences
at its pleasure. The Act did not lay down any
policy/guideline for classification of such offences. As a
result of the provision, different treatment was granted to
the appellant. The necessity of a speedy trial was too vague
and uncertain a criterion to form the basis of a valid and
reasonable classification. This case was one of the initial
cases to lay down the foundational principles of Article 14.
 Article 14-Landmark Cases

• Air India v Nargesh Meerza, [1978]–

Air India, a state-owned company, required female
flight attendants to retire under three
circumstances: (1) upon reaching 35 years of age,
(2) upon getting married, or (3) upon first
pregnancy. The same rules were not applicable to
male attendants. The Court struck the rules down,
holding that these requirements constituted official
arbitrariness and hostile discrimination in violation
of Article 14.
 Article 14-Cases…………cont.

• Shayara Bano v UOI, WP (C) 118/2016 –

On 22nd August 2017, the 5 Judge Bench of the Supreme
Court pronounced its decision in the Triple Talaq Case, declaring
that the practice of instantaneous triple talaq [Talaq-ul-biddat]
was unconstitutional. The Bench observed that the fundamental
right to equality guaranteed under Article 14 of the Constitution,
manifested within its fold, equality of status. Gender equality,
gender equity and gender justice are values intrinsically entwined
in the guarantee of equality, under Article 14. The conferment of
a social status based on patriarchal values, or a social status based
on the mercy of the men-folk is absolutely incompatible with the
letter and spirit of Articles 14 and 15 of the Constitution.
 Article 15
Article 15(1): Article 15(1) prohibits the state from discriminating any
citizen on the basis of these following 5 categories:
• Religion – No person can be discriminated on the basis of religion
in order to access any public place etc.
• Race – Any person’s origin shouldn’t be a basis of discrimination.
• Caste – Mainly discrimination on the basis of caste is prohibited.
This prevents the crimes committed against lower caste.
• Sex – Gender of any particular individual can’t be a basis in order
to discriminate.
• Place of Birth – Any person place of birth can’t be taken into
consideration and discriminate them.
• Any of the above.
 Article 15……..cont.
Art 15 (5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from
making any special provision, by law, for the advancement of any socially and educationally backward
classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions
relate to their admission to educational institutions including private educational institutions, whether
aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of
article 30.

Art 15(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall
prevent the State from making,—
• (a) any special provision for the advancement of any economically weaker sections of citizens other
than the classes mentioned in clauses (4) and (5); and
• (b) any special provision for the advancement of any economically weaker sections of citizens other
than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their
admission to educational institutions including private educational institutions, whether aided or unaided
by the State, other than the minority educational institutions referred to in clause (1) of article 30, which
in the case of reservation would be in addition to the existing reservations and subject to a maximum of
ten per cent of the total seats in each category.

• Note
For the purposes of this article and article 16, "economically weaker sections" shall be such as may be
notified by the State from time to time on the basis of family income and other indicators of economic
disadvantage.
 Article-15:Landmark Cases

• DP Joshi v/s State of Madhya Bharat

• MR Balaji v/s State of Mysore

• State of Madras v/s C.Dorairajan-This is the first major judgment which

dealt with reservations in India. The Madras high court have passed the
judgment which reserved seats in Government jobs and college
institutions based upon caste system.

• Ashoka Kumar Thakur v/s Union of India and T.M.A. Pai Foundation
Case-
The court held that article 15(5) was introduced which enables a right to
establish and administer any of the private educational institutions under
Art 19(1)(g) of Indian Constitution. Hence it was clearly laid down by the
court that art 15(5) doesn’t violate art 19(1)(g).
 Article 16
• Equality of opportunity in matters of public employment.
• Note- For the purpose of reservation in matters of promotion of Scheduled Castes and
Scheduled Tribes, Clause (4) was inserted in Article 16 of the Constitution by
77th Amendment. It was stated in Clause(4) that nothing in Article 16 of the
Constitution shall prevent the State from making any provision for reservation in
matters of promotion to any posts in Government services in favor of the Scheduled
Castes and Scheduled Tribes.
Landmark Cases-
Indira Sawhney & Ors. v. Union of India
• Upheld Implementation of separate reservation for other backward classes in central
government jobs.
• Ordered to exclude Creamy layer of other backward classes from enjoying reservation
facilities.
• Ordered to restrict reservations within the 50% limit.
• Declared separate reservations for economically poor among forward castes as invalid.
• In order to carry out the practice which existed before the landmark judgment of
Indra Sawhney and Others vs. Union of India, it was necessary to amend Article 16 of
the Indian Constitution by inserting a new clause (4A) in the said Article.
 Article 16-Landmark Cases
• Randhir Singh vs Union of India, 1982 :
SC spoke on the constitutional validity of equal pay for
equal work
• M. Nagaraj v. Union of India :
It was held in this case that in order to grant reservations
to Scheduled Castes and Scheduled Tribes, the State
must collect ‘quantifiable data’ to demonstrate their
backwardness. It was held that the concept of the
creamy layer will also apply to the Scheduled Castes and
Scheduled Tribes and therefore, they would not be
entitled to any such reservations.
• Article 17 :Abolition of Untouchability-
Practice of untouchability is an offense and anyone
doing so is punishable by law. The Untouchability
Offences Act of 1955 (renamed the Protection of
Civil Rights Act in 1976) provided penalties for
preventing a person from entering a place of
worship or from taking water from a tank or well.
Case-Devarajjah vs. Padmana

• Article 18:Abolition of Titles :

Case- Balaji Raghavan v. Union of India
 Article 19
Right to Freedom

• Grounds of Reasonable Restriction under Right to Freedom

– Sovereignty and Integrity of India.
– The Security of the State.
– Friendly relations with foreign states.
– Public order.
– Decency or Morality.
– Contempt of Court. g) Defamation. h) Incitement to an offence

Landmark cases
• Bennett Coleman & co. v. Union of India
• Secretary, Ministry of Information and Broadcasting v. Cricket Association, Bengal
• Romesh Thappar v Union of India
• Maneka Gandhi v. Union of India
• Union of India v. Association for Democratic Reforms
• Khushboo v. Kannaiammal
 Article 20
• Protection in respect of Conviction for Offences
(forms a cornerstone of the Indian Constitution, operates even during
emergency).Includes:
• -Ex-post facto law, Doctrine of Double Jeopardy
• Prohibition against self-incrimination.
Landmark cases
• Kedar Nath v. State of West Bengal
• Maru Ram Etc. vs Union Of India & Anr
• Rattan Lal v. the State of Punjab
• A.A. Mulla v. State of Maharashtra
• M.P. Sharma v. Satish Chandra
• Nandini Satpathy v P L Dani
• M P Sharma v Satish Chandra
 Article 21

• Few issues included:

• 1. Right to life 2. Right to personal liberty
• These imply:
• Right to clean environment
• Right to pollution-free water and air
• Woman’s right to make reproductive choices
• Right to privacy in private medical test
• Right against sexual Harassment at workplace
• Right to reputation
• Right to shelter
• Protection of Under trails
• Right to health
• Right to medical care
• Right to die
• Right to Education
 Article 21: Landmark Cases

• A.K.Gopalan vs State of Madras

• Unni krishnan vs. State of Andhra Pradesh
• Kharak Singh vs State of Uttar Pradesh
• Olga v municipal corporation
• Vishaka vs. the State of Rajasthan
• People Union of Democratic Rights vs Union of India
• Bandhua Mukti Morcha vs Union of India
• Maenka Gandhi vs Union of India
• Sunil Batra vs Delhi Administration
 Article 22

• Safeguards against arbitrary arrest and detention: 4

Rights of arrested persons under ordinary laws
• Preventive Detention Laws-3 rights of detained
persons, draconian in nature
• (Terrorist and Disruptive Activities (Prevention) Act,
1987 (TADA), National Security Act, 1980,
Prevention of Terrorism Act (POTA), 2002,
onservation of Foreign Exchange, Prevention of
Smuggling Activities Act (COFEPOSA) among these
laws)
 Article 22:Landmark Cases

• Sambhu Nath Sarkar V. State of West Bengal

• A K Gopalan V. State of Madras
• Sunil Batra V Delhi Administration
• Secretary to Government & others V. Nabila
& others
• Kamala Vs State of Maharashtra
• Sheela Devi Vs.Mohan Sarup
 Unit IV
Article 23- Right Against Exploitation

• Prohibits ‘ Traffic in Human Beings’ and Forced Labour

(Begar), protects both the citizens and the non-citizens
against exploitation, protects individuals against the State as
well as private citizens.

• Exception-Under clause (2) of Article 23, the State is allowed

to impose compulsory services for public purposes like
national defence, removal of illiteracy and other public utility
services (electricity, water, air and rail services, postal
services, etc.) provided that in making any such service
compulsory for public purposes, the State, however, cannot
make discrimination on the basis of religion, race, caste or
class or any of them.
 Article 23-Landmark Cases

• People’s Union for Democratic Rights v. Union of India

(No person shall be forced to work against his will under anyone, and
doing this will bear severe punishments)

• Sanjit Roy v. the State of Rajasthan

(It was held that payment of wages lower than the minimum wages to
persons employed under the Famine Relief Act is violative of Art 23)

• Deena v. Union of India

(Held that taking labourers from prisons and making them work without
any reimbursement will amount to forced labor. The state is entitled to
pay wages for the work done by those prisoners in respect of the state
wages)
 Article 23- Landmark Cases

• Bandhua Mukti Morcha v. Union of India

(Observed that the failure of the State to identify the
bonded laborers, to release them from their bondage, and
to rehabilitate them as envisaged by the Bonded Labour
System(Abolition) Act, 1976, violated Articles 21 and 23.
The Court held that “bonded labor‟ a crude form of forced
labor was prohibited by Article 23)

• Raj Bahadur Case

(Held that Article 23 specifically prohibits traffic in human
beings or women for immoral purposes)
 Article 24

• Prohibition of Employment of children below

14 years in factories and other hazardous
work etc. It imposes a duty on the State to
ensure that children are not abused and
forced to work in harmful places because of
financial problems through implementation of
Article 39(a) and 39(f)
 Article 24-Landmark Judgements

• People’s Union for Democratic Rights v. Union of India

(Held that construction work is hazardous employment and
therefore, the children below 14 years must not be employed
in the construction work even if the construction work is not
specifically mentioned under the schedule of the
Employment of Children Act, 1938. The State Government is
advised to take immediate necessary steps in order to include
the construction work in the schedule of the Act and to
ensure that Article 24 is not violated on any part of the
country.)
• M. C. Mehta v. State of Tamil Nadu (Sivakasi Cracker
Factories)
 Article 24……………cont.
• Relevant Legislations:
• The Mines Act, 1952
• The Factories Act, 1948
• The Plantation Labour Act, 1951
• The Apprentices Act, 1961
• The Beedi and Cigar Workers (Condition of
Employment) Act, 1966
• Commission for Protection of Child Rights Act,
2005
 Article 25
Freedom of Religion

• With the 42nd Amendment Act, the word ‘Secular’ was added to the
Preamble.
Landmark Judgments
• Kesavananda Bharati case
(Apex Court has held that Secularism is the basic structure of the
Constitution)
• S. R. Bommai v. Union of India
(In a State, all are equal and should be treated equally. Religion has no place
in the matters of State. Freedom of religion as a fundamental right is
guaranteed to all persons in India but from the point of view of the State,
religion, faith, and belief are immaterial. )
• Tilkayat Shri Govindlalji Maharaj V. State of Rajasthan
(Held that the test to determine the question in deciding what is an integral
part of a religion is whether it is regarded as integral by the community
following that religion or not.)
 Article 25………..cases cont.
• SP Mittal v. Union of India
(Religion need not be theistic. It is not merely an opinion, doctrine or belief
but has an outward expression in the act as well.)
• Bijoe Emmanuel v. State of Kerala (The National Anthem case.)
(Held that there is no provision of law which compels or obligates anyone to
sing the national anthem, it is also not disrespectful if a person respectfully
stands but does not sing the national anthem.)
• Shyam Narayan Chouksey v. Union of India
(Every citizen or persons are bound to show respect to the National Anthem
of India, whenever played or sung on specific occasions the only exemption is
granted to disabled people. It further held that playing of the national
anthem in cinema halls is not mandatory but optional and directory.)
• Maulana Mufti v.State of West Bengal
(Azan is an integral and necessary part of the religion but certainly not the
use of microphones. It violates the basic human and fundamental right of the
citizens to sleep and leisure.)
 Article 26- Freedom to Manage Religious Affairs

Includes:
• Establishing and maintaining institutions for
religious and charitable purposes;
• Managing its affair with regard to religion;
• Owing and acquiring property (movable and
immovable);
• Administering the property in accordance with
the law.
 Article 26-Landmark Cases:
• Bramchari Sidheshwar Bhai v. State of West Bengal
(The Supreme Court ruled that it cannot be claimed by the
followers of Ram Krishna that they belong to the minority
of the Ram Krishna Religion. Ram Krishna Religion is not
distinct and separate from the Hindu religion. It is not a
minority based upon religion. Hence, it cannot claim the
fundamental right under Article 30 (1) to establish and
administer institutions of education by Ram Krishna
Mission.)
• Bira Kishore Dev v. State of Orissa
(Dealt with the secular management of the Jagannath
Temple)
 Article 27

• No person may be compelled to pay any taxes, the

proceeds of which are specifically appropriated in
payment of expenses for the promotion or maintenance
of any particular religion or religious denomination.
• Note:
Article 27 does not mean that religious property is not
taxable. It means that public money cannot be used for
promotion of a particular religion by the State.
Case:
Commissioner, Hindu Religious Endowments, Madras v.
Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt
 Article 28
Prohibition of religious instruction in the State-aided Institutions

• Landmark Cases:
• Aruna Roy v. Union of India, (2002)
(The court ruled that there is no violation of
Article 28 in the National Curriculum
Framework for School Education (NCFSE) and
there is also no prohibition to study religious
philosophy for having value-based life in a
society and it is not anti-secular as well.)
 Article 29- 30
Cultural and Educational Rights of Minorities

• Article 29 (1) gives any citizen the right to conserve a

distinct language, script or culture of its own. While
Article 29(2) also protects them, it is more for every
citizen and is not specially tailored for minority groups.
• Under Article 30, the Constitution provides provisions
for minority communities to establish and manage
educational institutions and protect themselves from
discrimination of granting aid by the government.
• Minority communities in the Constitution– Linguistic
and Religious
 Article 29-30……….cont.
• Landmark Cases
• S.P. Mittal v. Union of India, AIR 1983
• The Ahmedabad St. Xaviers College vs State
Of Gujarat & Anr
• Kerala Education Bill
 Article 29(2) and Article 15(1)
- A Comparison
• Article 15 provides a broader ambit against
discrimination on the basis of caste, race sex, etc.
• Article 29 provides specific restitution for those
who have faced discrimination from state-run
educational institutions at the time of entry or
admission. The difference is that of inter-
personal equality and inter-group equality which
is required in a heterogeneous population as in
India.
 Article 31

• The initial Article 31 with sub heading “Right

to Property” has been omitted by the
Constitution Forty Fourth Amendment Act
1978. Article 31(1) has been shifted to article
300A as a new insertion in Chapter IV in part
XII of the constitution. The shifting of Article
31(1) and omitting Article 31 signify that
fundamental right to property(Arts. 19(1) (f))
is now abolished.
 Article 31A

• Saving of certain laws(added to the

Constitution by the Constitution (First
Amendment) Act, 1951)
• Waman Rao v. Union of India
• I.R. Coelho v. State of Tamil Nadu
 Article 32
Right To Constitutional Remedies

• Known as the Heart and Soul of the Constitution,

Gives right to move to the SC by appropriate
proceedings for enforcement of Fundamental Rights,
Confers powers to the apex courts to issue, orders,
writs or directions for enforcement of rights under
Part III of the Constitution u/a 32 and 226.Only the
President can suspend the right to move any court for
the enforcement of the fundamental rights during
a national emergency (Article 359). The availability of
alternate remedy is no bar to relief under Article 32.
 Article 32………..cont.
• Public Interest Litigations can be filed by any public spirited
individuals for enforcement of constitutional and other legal
rights. Locus standi no longer necessary, sufficient interest of
any individual acting pro bono publico for a welfare cause can
maintain an action for judicial redress against public injury
caused by violation of the constitution or breach of public
duty by any official.
• Judicial Activism is the proactive role of the judiciary in
making up for the inaction of the legislature and the executive.
Necesary for achieving a welfare state for reaching out to the
marginalized masses whose voices are unheard. Juciary can
rise to the occasion when the legislature or executive is
apathetic or fail to discharge their constitutional obligation.
 Article 32………cont.
• Writs to implement Article 32-
• Habeas Corpus,
• Quo Warranto, Mandamus,
• Certiorari,
• Prohibition.
 Article 32-Landmark Cases

• Rudul Sah v. State of Bihar

• Sunil Batra v. Delhi Administration
• Kanu Sanyal v. District Magistrate
• S.P. Gupta v. Union of India
• Bengal Immunity Co. Ltd Case
• Bandhua Mukti Morcha v. Union of India
• Sheela Barse v. State of Maharashtra
 Difference between Article 32 and Article 226

• Art 32 is fundamental right and can be suspended during

emergency. Art 226 is a constitutional right and cannot be
suspended during emergency.
• Art 32 empowers SC to issue writs applicable all over India. Art 226
empowers HC to issue writs only within its local jurisdiction.
• Art 32 applicable only for violation of Fundamental Rights, but Art
226 is applicable also for such violation and as a legal right too.
• Art 32, being a fundamental right cannot be refused by the SC, but
it is at the discretion of the High Court to issue a writ or not under
Art 226.
 Unit V
Directive Principles of State Policy
• Certain obligations on the Sate to take positive action in certain directions for
achieving objectives of a welfare state. Can be classified into three broad
categories namely, Socialistic(Articles 38, 39,41, 42, 43, 47) Gandhian
(Articles 40, 43, 47, 48) and Liberal-intellectual (Articles 44, 45, 48,49,50,51)
• Landmark Cases:
• State of Madras v. Champakam
(Held the Fundamental rights are superior to the DPSP saying that the
Fundamental Rights under Part III prevails over DPSP in case of any conflict
between them.)
• Golak Nath case
(Held that the provisions mentioned under Part III as Fundamental Rights
cannot be undermined just to implement the provisions given under Part IV
which enlists some important guidelines for the State in the form of the DPSP)
 DPSP……………..cont.
• Minerva Mills case
(Held that there is a fine balance in the Constitution between
the DPSP and the Fundamental Rights, which should be
adhered by the Courts without placing any of them as
superior.)
• Kerala Education Bill case
• Unnikrishnan vs State of Andhra Pradesh
(The Court was of the view that Fundamental Rights and
Directive Principles are not exclusive but complementary to
each other. The Court said that the Fundamental Rights are
the ways through which the goals given in Part IV can be
achieved)
 Fundamental Duties

• 11 Moral and Civic Duties under Part IV A, Article

51A
• 42nd Amendment Act of 1976 added 10
Fundamental Duties to the Indian Constitution.
• 86th Amendment Act 2002 later added 11th
Fundamental Duty to the list(directs citizens to
provide opportunities for education to his child or
ward between the age of six and fourteen years).