Polity Lecture Notes
Polity Lecture Notes
Polity Lecture Notes
NOTE: Government and Parliament of India include Union Government & Union Parliament. Government
and the Legislature include all State Government & State Legislature of each of the States.
All local or other authorities include all Institutions of local self-Government (E.g. municipality,
Panchayats etc.).
13 (1) All laws in force in the territory of India immediately before the commencement of this
Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such
inconsistency, be void.
NOTE: Parliament cannot make laws which violate any part of the Constitution. With respect to Part III,
Judiciary will review those laws which are made by the Parliament and violate the provisions of Part III.
Judicial Review of Part III of the Constitution is not explicitly mentioned. It is implicitly conveyed through
Article 13 (1).
13 (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and
any law made in contravention of this clause shall, to the extent of the contravention, be void.
Amendment of Fundamental Rights
Article 13 (2) states that the state shall not make any laws which take away Fundamental Rights of a
citizen. A question arises as to whether the term ‘law’ in Article 13 (2) includes just ordinary laws or
Constitutional Amendment Acts also. If Constitutional Amendment Act is not covered under law then
the Parliament can amend the Fundamental rights by Amending the Constitution itself.
The Supreme Court Shankari Prasad vs. Union of India (1951) case held that Constitutional Amendment
Act is not a law and thus Parliament can amend any Fundamental Right by using Constitutional
Legislative Power. It gave a similar verdict in Sajjan Singh vs. State of Rajasthan Case (1965) case.
However in Golaknath vs. State of Punjab (1967) case the Supreme Court held that Fundamental Rights
had been given transcendental position by the Constitution and even Parliament cannot amend
Fundamental Rights.
The 24th Constitutional Amendment Act amended Article 13 and 368 which made it clear that
Parliament has the power to amend Fundamental Rights through Constitutional Amendment. This was
challenged in the Supreme Court in Keshavananda Bharati vs. State of Kerala (1979) case. The Supreme
Court upheld the validity of 24th Amendment Act. However, the Supreme Court held that the
Parliament’s amendment power is limited and is subject to “Basic Structure” of the Constitution. The
Supreme Court has not explicitly defined the term “Basic Structure”. However, in various judgments, the
Supreme Court has held that the following concepts form a part of Basic Structure
RIGHT TO EQUALITY
15. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of
birth or any of them.
NOTE: This right is available only to citizens and not aliens. The state cannot discriminate only on the above
mentioned grounds but can discriminate on grounds other than these. (E.g. Marks in Entrance Exams)
15. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to
any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels
and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public
resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
NOTE: The rights under 15 (2) are not only available against a state but also against other citizens as shops,
restaurants etc. can be owned by state or can be a private property.
15. (3) Nothing in this article shall prevent the State from making any special provision for women and
children.
15. (4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special
provision for the advancement of any socially and educationally backward classes of citizens or for the
Scheduled Castes and the Scheduled Tribes.
NOTE: Article 15 (1) states that no citizen shall be discriminated on the grounds of caste, sex, religion. But
there are special considerations for SC/ST, OBC, Women and Children. Exceptions for these categories are
mentioned in Clause 2 and 3 of Article 15.
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.
NOTE: In order to serve the educationally and socially backward classes, the state asked the private education
institutions also to reserve seats for the backward classes. Private institutions objected to it, stating it would
amount to violation of right under Article 19 (1) g. The Parliament, by amending the constitution in 2005,
added Clause 15 (5). According to this, it is mandatory to reserve seats for backward classes also even in
private institutions whether aided or unaided, by law. The only exception is educational institutions run by
minority communities. A law was enacted in this effect called Central Educational Institutions Reservation in
Admission Act 2006. This Act was challenged in the Supreme Court, but the Supreme Court upheld the validity
of this law.
Vishaka Case
A was a PIL filed in Supreme Court by Vishaka and four other women's organizations in Rajasthan against the
State of Rajasthan and the Union of India. This case in reference to the Bhanwari Devi’s alleged Gang Rape in
1992 in Rajasthan. Bhanwari Devi's legal battle culminated when the Supreme Court of India in a PIL, defined
sexual harassment at workplace, preventive measures and redress mechanism. Vishaka Guidelines against
Sexual Harassment at Workplace Guidelines and norms were laid down by the Hon’ble Supreme Court in
Vishaka and Others vs. State of Rajasthan and Others.