INDIAN CONSTITUTION (22ICO17)

Module 2

Unit II: SALIENTFEATURES OF INDIAN CONSTITUTION:

PREAMBLE: FUNDAMENTAL RIGHTS

The Constitution of India has some distinct and unique features as compared to other constitutions to the world. As
Dr. B.R. Ambedkar, the Chairman of the Drafting Committee puts it, the framers had tried to accumulate and
accommodate the best features of other constitutions, keeping in view the peculiar problems and needs of our
country.

Salient features of the Constitution of India.

The following are the salient features of the Constitution of India.

1. Longest written constitution

Indian Constitution can be called the largest written constitution in the world because of its
contents. In its original form, it consisted of 395 Articles and 8 Schedules,22parts to which additions have been
made through subsequent amendments. At present it contains more than 470 Articles, 12 Schedules, and 25
parts. There are several factors responsible for the long size of the constitution. One major factor was that the
framers of the constitution borrowed provisions from several sources and several other constitutions of the world.
India became an exhaustive and lengthy one.

(2) Partly Rigid and Partly Flexible

The Constitution of India is neither purely rigid nor purely flexible. There is a harmonious blend of
rigidity and flexibility. Some parts of the Constitution can be amended by the ordinary law-making process by
Parliament. Certain provisions can be amended, only when a Bill for that purpose is passed in each house of
Parliament by most of the total membership of that house and. by a majority of not less than two-third of the
members of that house present and voting.

3) A Democratic Republic
India is a democratic republic. It means that sovereignty rests with the people of India. They govern
themselves through their representatives elected based on universal adult franchise.
Republic: The President of India, the highest official of the Country is elected for a fixed term.

4) Parliamentary System of Government

India has adopted the Parliamentary system as found in Britain. In this system, the executive is
responsible to the legislature, and remains in power only as long and it enjoys the confidence of the legislature.
The president of India, who remains in office for five years is the nominal, or constitutional head. The Union Council
of Ministers with the Prime Minister as its head is drawn from the legislature. It is collectively responsible to the
House of People (Lok Sabha) and has to resign as soon as it loses the confidence of that house. The President, the
nominal executive shall exercise his powers according to the advice of the Union Council of Ministers, the real
executive. In the states also, the government is Parliamentary in nature.

5) A Federation -
Article 1 of the Constitution of India says: - "India, which is Bharat shall be a Union of States." Though the
word 'Federation' is not used, the government is federal. Federal in form and Unitary in spirit A state is federal
when (a) there are two sets of governments and there is distribution of powers between the two, (b) there is a
written constitution, which is the supreme law of the land and (c) there is an independent judiciary to interpret
the constitution and settle disputes between the centre and the states. All these features are present in India. There are
two sets of government, one at the centre, the other at state level and the distribution of powers between them is quite
detailed in our Constitution. The Constitution of India is written and the supreme law of the land. At the apex of
single integrated judicial system, stands the Supreme Court which is independent from the control of the executive
and the legislature.

6) Fundamental Rights
"A state is known by the rights it maintains", remarked Prof. H.J. Laski. The constitution of India affirms the
basic principle that every individual is entitled to enjoy certain basic rights and part III of the Constitution deals
with those rights which are known as fundamental rights. Originally there were seven categories of rights, but
now they are six in number. They are (i) Right to equality, (ii) Right to freedom, (iii) Right against exploitation,
(iv) Right to freedom of Religion, v) Cultural and Educational rights and vi) Right to constitutional remedies.
Right to property (Article-31) originally a fundamental right has been omitted/deleted by the 44th Amendment
Act. 1978. It is now a legal right under Article 300A

7) Directive Principles of State Policy

A novel feature of the Constitution is that it contains a chapter in the Directive Principles of State
Policy. These principles are in the nature of directives to the government to implement them for
establishing social and economic democracy in the country. these principles could help in making India
welfare state. Though not justiciable. These principles have been stated a; "fundamental in the
governance of the country".

8) Fundamental Duties
A new part IV (A) after the Directive Principles of State Policy was incorporated in the constitution by
the 42nd Amendment, 1976 for fundaments duties. These duties are:
i Abide by the Constitution and respect its ideals and institutions, the National Flag, and the National
Anthem.
ii Cherish and follow the noble ideals, which inspired our national struggle for freedom. iii Uphold and
protect the sovereignty, unity, and integrity of India; iv To defend the country and render national
service when called upon to do so.
v to promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic, regional, or sectional diversities, to renounce practices derogatory to the dignity of woman.
vi to value and preserve the rich heritage of our composite culture.
vii to protect and improve the natural environments including forests, lakes, rivers, and wildlife and to have
compassion for living creatures.
viii to develop scientific temper, humanism and the spirit of inquiry and reform; ix) to safeguard public property
and to abjure violence.
ix to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises
to higher levels of Endeavour and achievement.
The purpose of incorporating these duties in the Constitution is just to remind the people that while enjoying
their right as citizens, should also perform their duties for rights and duties are correlative.

9) Secular State
A secular state is neither religious nor irreligious, or anti-religious. It is quite neutral in matters of religion.
India being a land of many religions, the founding fathers of the Constitution thought it proper to make it a secular
state. India is a secular state because it makes no discrimination between individuals based on religion. Neither
it encourages nor discourages any religion. On the contrary, right to freedom of religion is ensured in the
Constitution and people belonging to any religious group have the right to profess, practice or propagate any
religion they like.

10) An Independent Judiciary

The judiciary occupies a prominent place in our Constitution, and it is also made independent of the
legislature and the executive. The Supreme Court of India stands at the apex of single integrated judicial system. It
acts as protector of fundamental rights of Indian citizens and guardian of the Constitution. If any law passed by
the legislature or action taken by the executive contravenes the provisions of the Constitution, they can be declared as
invalid by the Supreme Court. Thus, it has the power of judicial review. But judicial review in India constitutes a
middle path between the American judicial supremacy in one hand and British Parliamentary supremacy in the other.
11) Single Citizenship
The Constitution of India recognises only single citizenship. In the United States, there is provision of dual
citizenship. In India, we are citizens of India only, not of the respective states to which we belong. This provision
would help in promoting unity and integrity of the nation.

12) Bicameral Legislature: States having two houses are called bicameral and one house is Unicameral

13) Universal Adult Franchise: Citizens of India who attained the age of 18 years have the right to vote

14) Official language: Hindi (Devanagari Script) and English and Regional Language

15) Special provision for Schedule caste, schedule tribe, Women and Children

Features borrowed from other Countries.

 Australian Constitution-Idea of Concurrent list, Centre-State relations
 British Constitution- Parliamentary form of Government, Bicameralism
 German Constitution-Suspension of Fundamental Rights during emergency
 French Constitution-Ideals of Liberty, Equality, and Fraternity
 Irish Constitution-Directive Principles of State Policy
 Japanese Constitution-Federation with strong Centre
 Soviet Constitution (USSR)-Fundamental Duties, Ideals of justice-Social, Economic and Political
 USA Constitution- Fundamental Rights, Judicial Review, Independence of Judiciary

PREAMBLE TO THE CONSTITUTION OF INDIA

Preamble is the preface, an introduction to the Indian Constitution.

Preamble is based on/inspired by The Objective Resolution of Jawaharlal Nehru.

a) The preamble indicates the source from which Indian Constitution derives its authority that is the
people of India. People of India are the ultimate soul and source of Indian Constitution
b) It indicates the aims and objectives which Indian Constitution aims to achieve
c) It is the key to framers’ mind.

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:

Preamble is amended once to add words Secular, Socialist and Integrity by 42nd Amendment Act 1942.

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
. Meanings of the words of Preamble

‘We the people”-people are the ultimate source of all powers

Sovereign- Supreme, independent authority

Socialist- freedom from exploitation

Secular - Equality of religion

Democratic- people elect their governments at all levels through universal adult franchise and their
representatives administer the Government. Democracy is derived from two Greek words ‘demos’ means
people and’ Kratos’ means to rule

Republic-Head of the country is elected Functionary-President

Justice

Social- All are treated equally without discrimination based on caste, race, religion, gender etc
Economic-Aims at reducing economic disparity between rich and poor, Equitable distribution of national
resources.

Political-Equal opportunity for all citizens to participate in the political process of the country

Liberty-implies freedom of choice and opportunity for all to develop their personality

It includes.
Liberty of –thought, Expression, Belief, Faith, and Worship

Equality –of opportunity and status to all citizens without any discrimination

Fraternity-sense of brotherhood and dignity of individual

Unity and Integrity-There are so many disintegrating forces in the Country and every effort should be made to
maintain the unity and integrity of the country

FUNDAMENTAL RIGHTS: PART 111 -ARTICLES 14-35

Fundamental Rights are defined as the basic, natural, inalienable rights of all citizens. They are essential for
the overall personality development of individuals. They are the primary, necessary conditions for social life
These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste,
creed or gender. They are enforceable by the courts, subject to specific restrictions.
Six Fundamental Rights –Part111 of Indian Constitution

• Right to Equality: Articles 14-18

• Right to freedom:19-22

• Right against Exploitation- 23-24

• Right to freedom of religion- 25-28

• Cultural and educational rights- 29- 30

• Right to Constitutional remedies- 32

• There were seven fundamental Rights originally. Right to Property has been deleted from IC
under
44th Amendment Act1978 and it is declared as a legal right under Article 300(A) of IC1 Right to
Equality-ART 14-18

14. Equality before law and equal protection of law-The State shall not deny to any person
equality before the law or the equal protection of the laws not only for Indian citizens but everyone within
the territory of India.

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

1) The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them.
2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, (3)
Nothing in this article shall prevent the State from making any special provision for women and
children. (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.

16. Equality of opportunity in matters of public employment.

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any
office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the
State. (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class
or classes of employment or appointment to an office under the Government of, or any local or other authority within,
a State or Union territory, any requirement as to residence within that State or Union territory prior to such
employment or appointment.
17. Abolition of Untouchability: Untouchability is abolished and its practice in any form is forbidden. The
enforcement of any disability arising out of ―Untouchability ‘‘shall be an offence punishable in
accordance with law.

18. Abolition of titles:

No title, not being a military or academic distinction, shall be conferred by the State.

(1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
 (3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the
State, accept without the consent of the President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall, without the consent of the
President, accept any present, emolument, or office of any kind from or under any foreign State.
11 Right to Freedom:19-22

19. Protection of certain rights regarding freedom of speech, etc-All citizens shall have the
right—
(a) To Freedom of speech and expression.
(b) To Assemble peaceably and without arms: can be restricted in the interest of sovereignty and
integrity of India, public order.
(c) to form associations or unions: restricted in the sovereignty, integrity, public order etc
(d) Freedom of Movement: to move freely throughout the territory of India; can be restricted in the
interest of general public and scheduled tribe.
(e)to reside and settle in any part of the territory of India: can be restricted in the interest of general
public and schedule tribe.
f) Freedom of Profession: to practice any profession, or to carry on any occupation, trade or business. -re
(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from
making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the
said sub-clause
(3) Restrictions: Right to freedom of speech and expression can be restricted in the interests of the
sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order,
decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
(4) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it
imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India
or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

Article 20. Protection in respect of conviction for offences.

No person shall be convicted of any offence except for violation of a law in force at the time of the commission
of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been
inflicted under the law in force at the time of the commission of the offence.
There are there are three safeguards or protection provided to the accused under the Constitution, they are the
following.

offence.

(1) Protection against Ex Post Facto Laws-Implies prohibition of retrospective criminal legislation. It
means State is prohibited from making criminal laws giving effect from the past date i.e.an act committed by a
person must be a punishable offence according to the law prevailing on the date of commission and not
according to the future law according to the prevailing present law and not according to the on the date of
commission.

(2) Protection against DOUBLE JEOPARDY: No person shall be prosecuted and punished for the same
offence more than once.

(3) Protection against SELF-INCRIMINATION- No person accused of any offence shall be compelled to be
a witness against himself.
 ARTICLE-21. Protection of life and personal liberty. —No person shall be deprived of his life or personal
liberty except according to procedure established by law.

ARTICLE-22. Protection against arbitrary arrest and detention in certain cases.

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the
grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his
choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a
period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the
court of the magistrate and no such person shall be detained in custody beyond the said period without the authority
of a magistrate.

111 Right against Exploitation -23-24

ARTICLE-23. Prohibition of traffic in human beings and forced labour-Traffic in human beings: buying and
selling of human beings for immoral purposes
Bagar: Involuntary wok without payment-egg. Zamindari system and other similar forms of forced labour are
prohibited, and any contravention of this provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in
imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or
any of them.
ARTICLE- 24. Prohibition of Child Labour-this article prohibits employment of children in factories, etc. No
child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other
hazardous employment.

1V-Right to Freedom of Religion;25-28

ARTICLE-25. Freedom of conscience and freely profess, practice and propagation of religion. All
persons are equally entitled to freedom of conscience and the right freely to profess, practise and
propagate religion.
restricted in the interest of public order, morality and health and to the other provisions of this Part

ARTICLE- 26 Freedom to manage religious affairs. Every religious denomination or any section thereof
shall have the right to establish and maintain institutions for religious and charitable purposes; to manage
its own affairs in matters of religion; to own and acquire movable and immovable property; and (d) to
administer such property in accordance with law.
Subject(restricted) to public order, morality and health

ARTICLE -27; provides exemption of taxes for religious purposes and special provision for religious activities.
Freedom as to payment of taxes for promotion of any particular religion. —No person shall be compelled to pay any
taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance
of any religion or religious denomination.

28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

(1) No religious instruction shall be provided in any educational institution wholly maintained out of
State funds. (2) Nothing in clause (1) shall apply to an educational institution which is administered by the
 State but has been established under any endowment or trust which requires that religious instruction shall be
imparted in such institution.
(3) No person attending any educational institution recognised by the State or receiving aid out of State
funds shall be required to take part in any religious instruction that may be imparted in such institution or to
attend any religious worship that may be conducted in such institution or in any premises attached thereto
unless such person or, if such person is a minor, his guardian has given his consent thereto.

V -Cultural and Educational Rights 29-30

29. Protection of interests of minorities. — Guarantees:

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or
culture of its own shall have the right to conserve the same.

(2) 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, language or any of them.

30. Right of minorities to establish and administer educational institutions. —

(1) All minorities, whether based on religion or language, shall have the right to establish and administer
educational institutions of their choice.

(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the
ground that it is under the management of a minority, whether based on religion or language.

VI 32- Right to Constitutional Remedies

Indian Constitution makes all the fundamental rights justifiable and enforceable through courts who are the
defender and protector of our rights by this article. it provides necessary remedies for the violation of
Fundamental rights
According to Dr B.R Ambedkar this right is the “Heart and Soul of Indian Constitution”.

32. Remedies for enforcement of rights conferred by this Part. —

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred
by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo Warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights.

Article 32 provides the following writs for the enforcement of the fundamental rights:
• 1) Habeas Corpus-Bull-Work of individual liberty (Habeas: Have; Corpus: Body; Habeas Corpus:
(May I have the body) The objective of this writ is to prevent illegal detention. This writ is issued by
superior court to inferior courts or a public authority instructing them to produce the detained person
to the nearby magistrate court within 24 hours of the arrest and give him a valid reason.

• 2) Mandamus: “We command”, - issued by superior courts to a public authority or officials ordering
them to perform certain public legal duties which they fail to perform.

• 3) Prohibition: “Not to exceed the jurisdiction”. Superior courts may order inferior courts not to do
something which is not in its jurisdiction.

• 4) Writ of Certiorari: Act in excess of authority.

 Issued to lower courts requesting them to transfer/ quash the long pending cases over which the lower
courts have no jurisdictions.

• 5) Writ of Quo-Warranto: by what authority. It prevents illegal occupation of public office by

providing fraudulent documents.

33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.— Parliament
may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to- (a)
the members of the Armed Forces; or

(b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or
counterintelligence; or

(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force,
bureau or organisation referred to in clauses (a) to
(c), be restricted or abrogated so as to ensure the proper discharge of their duties and the
maintenance of discipline among them
34. Restriction on rights conferred by this Part while martial law is in force in any area. —

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any
person in the service of the Union or of a State or any other person in respect of any act done by him in
connection with the maintenance or restoration of order in any area within the territory of India where martial
law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under
martial law in such area.

35. Legislation to give effect to the provisions of this Part. —notwithstanding anything in this
Constitution, —Parliament shall have, and the Legislature of a State shall not have, power to make
laws.