The Constitution of India a written
constitution and the lengthiest one in the world. It lays down the framework
defining fundamental political principles, establishes the structure,
procedures, powers and duties of government institutions and sets out
fundamental rights, directive principles and the duties
of citizens. It is the longest
written constitution of any sovereign country in the world, containing 448Note
articles in 25Note
parts, 12Note
schedules, 5 appendices and 98Note
amendments (out of 120
Constitution Amendment Bills). Besides the English version, there is an
official Hindi translation. Dr. Bhimrao Ramji Ambedkar is widely
regarded as the architect of the Indian Constitution.
The Constitution follows parliamentary system of government and the executive is directly accountable to the legislature.
Article 74 provides that there shall be a Prime Minister of India as the head of
government. It also states that there shall be a President of India and a Vice-President of India under Articles 52
and 63. Unlike the Prime Minister, the President largely performs ceremonial
roles.
The Constitution was adopted by the India Constituent Assembly on 26 November
1949, and came into effect on 26 January 1950.
Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393 and 394
came into force on 26 Nov 1949 and remaining articles on 26 Jan 1950.
The date of 26 January was chosen to commemorate the Purna
Swaraj declaration of independence of 1930. With its adoption, the Union
of India officially became the modern and contemporary Republic
of India and it replaced the Government of India Act 1935 as the
country's fundamental governing document. To ensure constitutional autochthony, the framers
of constitution inserted Article 395 in the constitution and by this Article
the Indian Independence Act, 1947 was repealed.
The Constitution declares India to be a sovereign, socialist, secular, democratic republic,
assuring its citizens of justice, equality, and liberty, and
endeavors to promote fraternity among them.
The words "socialist" and "secular" were added to the
definition in 1976 by the 42nd constitutional amendment (mini constitution).
India
Salient Feature
ü
The
common features of a federation such as
o
supremacy
of Constitution,
o
rigidity
of Constitution,
o
two
government,
ü
Unitary
features like
o
single
Constitution,
o
integrated
judiciary,
o
flexible
Constitution,
ü
This
unique combination makes it Quasi-Federal in form.
Each state and each Union territory of India
has its own government. Analogues to President and Prime Minister, each has a Governor (in case of states) or Lieutenant Governor (in the case of Union
territories) and a Chief Minister. The 73rd and 74th Amendment
Act also introduced the system of Panchayati
Raj in rural areas and Municipality in urban areas. Also, Article 370
of the Constitution gives special status to the State of Jammu
and Kashmir.
Preamble
What a ‘Preamble’ is. The Preamble is like an
introduction or preface of a book. As an
introduction, it is not a part of the contents but
it explains the purposes and objectives with
which the document has been written. So is the case
with the ‘Preamble’ to the Indian
Constitution. As such the ‘Preamble’ provides the
guide lines of the Constitution.
Parts of Constitution
The individual Articles of the Constitution are
grouped together into the following Parts:
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Schedules
Schedules
are lists in the Constitution that categorize and tabulate bureaucratic
activity and policy of the Government.
- First
Schedule (Articles 1
and 4) - This lists the states and territories of
- Second
Schedule (Articles
59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221)- –
This lists the salaries of officials holding public office, judges, and Comptroller and Auditor
General of India.
- Third
Schedule (Articles
75(4), 99, 124(6), 148(2), 164(3), 188 and 219)—Forms of Oaths – This
lists the oaths of offices for elected officials and judges.
- Fourth
Schedule (Articles
4(1) and 80(2)) – This details the allocation of seats in the Rajya
Sabha (the upper house of Parliament) per State or
- Fifth
Schedule (Article
244(1)) – This provides for the administration and control of
Scheduled AreasNote
and Scheduled TribesNote
(areas and tribes needing
special protection due to disadvantageous conditions).
- Sixth
Schedule (Articles
244(2) and 275(1))— Provisions for the administration of tribal areas in
- Seventh
Schedule (Article
246) —The union (central government), state, and concurrent lists of
responsibilities.
- Eighth Schedule (Articles 344(1) and 351)—The
official languages.
- Ninth
Schedule (Article
31-B) – Validation of certain Acts and Regulations.
- Tenth
Schedule (Articles
102(2) and 191(2))—"Anti-defection" provisions for Members of
Parliament and Members of the State Legislatures.
- Eleventh
Schedule (Article
243-D) —Panchayat Raj (rural local government).
- Twelfth
Schedule (Article
243-W) —Municipalities (urban local government).
Appendices
- Appendix
I—The Constitution
(Application to
- Appendix
II— Re-statement,
with reference to the present text of the Constitution, of the exceptions
and modifications subject to which the Constitution applies to the State
of
- Appendix
III—Extracts from
the Constitution (Forty-fourth Amendment) Act, 1978.
- Appendix
IV—The Constitution
(Eighty-sixth Amendment) Act, 2002.
- Appendix
V— The Constitution
(Eighty-eighth Amendment) Act, 2003.
Adoptions from other constitutions
The
architects of Indian constitution were most heavily influenced by the British
model of parliamentary
democracy. In addition, a number of principles were adopted from the
USA - separation of powers and the establishment
of a supreme court
Canada - federal government with strong centre
and state governments
Germany - principle of suspension of fundamental
rights during emergency
Federal Structure
Federalism is a political
concept in which a group of members are bound together by covenant
(Latin: foedus, covenant) with a governing representative
head. The term "federalism" is also used to describe a system of government
in which sovereignty
is constitutionally
divided between a central governing authority and constituent political units
(such as states or provinces). Federalism is a system based upon democratic
rules and institutions in which the power to govern is shared between national
and provincial/state governments, creating what is often called a federation.
The term federalist describes several political beliefs around the
world. Also, it may refer to the concept of parties; its members or supporters
called themselves Federalists.
Form of the Government
The Government of India (referred to as the Union
Government) was established by the Constitution of India, and is the governing
authority of a federal union of 29 states and 7 union territories.
The government of India
- Union
List includes subjects of national importance such as defence of the
country, foreign affairs, banking, communications and currency. The Union
Government alone can make laws relating to the subjects mentioned in the
Union List.
- State
List contains subjects of State and local importance such as police,
trade, commerce, agriculture and irrigation. The State Governments alone
can make laws relating to the subjects mentioned in the State List.
- Concurrent
List includes subjects of common interest to both the Union Government
as well as the State Governments, such as education, forest, trade unions,
marriage, adoption and succession. Both the
Citizenship
The Indian
citizenship and nationality law and the Constitution of India provide single
citizenship for all of India. The provisions relating to citizenship upon adoption of
the constitution are contained in Articles 5 to 11 in Part II of the
Constitution of India. Relevant Indian legislation is the Citizenship Act 1955,
which has been amended by the Citizenship (Amendment) Act 1986. The Citizenship
(Amendment) Ordinance 2005 was promulgated by the President of India and came
into force on 28 June 2005. Pranab
Mukherjee is currently the first Citizen of India being
the President.
Following these
reforms, Indian nationality law largely follows the jus sanguinis (citizenship
by right of blood) as opposed to the jus soli (citizenship
by right of birth within the territory)
The
Central Government may, on an application, register as a citizen of India under
section 5 of the Citizenship Act 1955 any person (not being an illegal migrant)
if he belongs to any of the following categories:
a
person of Indian origin who is ordinarily resident in India for seven years
before making application under section 5(1)(a) (throughout the period of
twelve months immediately before making application and for six years in the
aggregate in the eight years preceding the twelve months).
1. a
person of Indian origin who is ordinarily resident in any country or place
outside undivided India ;
2. a
person who is married to a citizen of India and is ordinarily resident in India
for seven years before making an application for registration;
3. minor
children of persons who are citizens of India ;
4. a
person of full age and capacity whose parents are registered as citizens of India .
5. a
person of full age and capacity who, or either of his parents, was earlier
citizen of independent India, and has been residing in India for one year
immediately before making an application for registration;
- a person of full age and capacity
who has been registered as an overseas citizen of India for five years,
and who has been residing in India for one year before making an
application for registration.
Fundamental Rights & Duties
'Part
III – Fundamental Rights' is a charter of
rights contained in the Constitution of India. It guarantees civil
liberties such that all Indians can lead their lives in peace
and harmony as citizens of India. These include
individual rights common to most liberal
democracies, such as equality before law, freedom of
speech and expression, and peaceful assembly, freedom to practice religion, and the right to
constitutional remedies for the protection of civil rights by means of writs such as habeas corpus.
Violation of these rights result in punishments as prescribed in the Indian Penal
Code or other special laws, subject to discretion of the judiciary.
The Fundamental Rights are defined as basic human
freedoms which every Indian citizen has the right to enjoy for
a proper and harmonious development of personality. These rights universally
apply to all citizens, irrespective of race, place of birth,
religion, caste, creed, colour orgender. Aliens
(persons who are not citizens)are also considered in matters like equality
before law. They are enforceable by the courts, subject to certain
restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration
of the Rights of Man.
ü Right
to equality, including equality before law, prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth, and equality of
opportunity in matters of employment, abolition of untouchability and abolition
of titles.
ü Right
to freedom which includes speech and expression, assembly, association or union
or cooperatives, movement, residence, and right to practice any profession or
occupation (some of these rights are subject to security of the State, friendly
relations with foreign countries, public order, decency or morality), right to
life and liberty, right to education, protection in respect to conviction
in offences and protection against arrest and detention in certain cases.
ü Right
against exploitation, prohibiting all forms of forced labour, child labour and
traffic in human beings;
ü Right
to freedom of religion, including freedom of conscience and free profession,
practice, and propagation of religion, freedom to manage religious affairs,
freedom from certain taxes and freedom from religious instructions in certain
educational institutes.
ü Cultural
and Educational rights preserving Right of any section of citizens to conserve
their culture, language or script, and right of minorities to establish and
administer educational institutions of their choice.
ü Right
to constitutional remedies for enforcement of Fundamental Rights.
ü Right
to property was originally a fundamental right, but is now a legal right.
Fundamental rights for Indians have
also been aimed at overturning the inequalities of pre-independence social
practices. Specifically, they have also been used to abolish untouchability and
hence prohibit discrimination on the grounds of religion, race, caste, sex, or
place of birth. They also forbid trafficking of human beings and forced labour.
They also protect cultural and educational rights of ethnic and religious minorities by
allowing them to preserve their languages and also establish and administer
their own education institutions.
Union Parliament
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Houses
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Leadership
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Structure
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Seats
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Rajya Sabha Political
groups
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Lok Sabha Political
groups
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Elections
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Rajya Sabha Voting
system
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Lok Sabha Voting
system
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Lok Sabha Last election
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It was founded in 1921.
·
The Parliament alone possesses legislative supremacyand thereby ultimate
power over all political bodies in India .
·
The Parliament comprises the President of India and the two Houses—Lok Sabha(House
of the People) and Rajya Sabha (Council of States).
·
The President has the power to summon and
prorogue either House of Parliament or to dissolve Lok Sabha.
The main functions of parliament are :
·
legislation, within its jurisdiction;
·
amendments of the constitution;
·
approval of presidential ordinance and
proclamation;
·
consideration of president addresses and
messages;
·
considerations of various resolutions and
motions;
·
social legislation.
Components
The Indian
Parliament consists of two houses called as Lok Sabha and
the Rajya Sabha and
the President of India.
The executive
branch of government is the one that has sole authority and
responsibility for the daily administration of the state bureaucracy. The
division of power into separate branches of government is central to the
republican idea of the separation of powers. The separation of
powers system is designed to distribute authority away from the executive
branch – an attempt to preserve individual liberty in response to tyrannical
leadership throughout history.
At
the central level the President of India, Vice-President, Prime Minister,
council of Ministers and Indian Administrative Service officials are known as
Executives.
At
the state level, the Governor of the State, the chief minister, the Council of
Minsters and the IAS / IPS official and other Indian Administrative Service
officials are known as Executives.
President
·
Similar to most Commonwealth countries, India also includes the Head of State (the President of India in India 's case)
as a component of Parliament.
·
The President of India is elected, from a group
of nominees, by the elected members of the Parliament of India (Lok Sabha and Rajya Sabha)
as well as of the state legislatures (Vidhan Sabhas),
and serves for a term of five years.
·
Historically, ruling party (majority in the Lok
Sabha) nominees have been elected and run largely uncontested. Incumbents are
permitted to stand for re-election, but incumbents can be elected for any
number of terms.
·
A formula is used to allocate votes so there is
a balance between the population of each state and the number of votes assembly
members from a state can cast, and to give an equal balance between State
Assembly members and National Parliament members.
If no candidate
receives a majority of votes there is a system by which losing candidates are
eliminated from the contest and votes for them transferred to other candidates,
until one gains a majority. Pranab
Mukherjeeis the current President of India.
ü The
President's Officer
The
Vice-President of India is the second-highest ranking government official in
the executive branch of the Government of
India, following the President. The Vice-President also has the
legislative function of acting as the Chairman of the Rajya Sabha.
Prime Minister
The
Prime Minister of India, as addressed to the Constitution of India, is the chief of government, chief adviser to the President of India, head of the Council of Ministers
and the leader of the majority party in the parliament. The prime minister leads the executive branch of the Government of India. The incumbent Prime
Minister of India is Narendra Modi of the Bharatiya Janata Party.
The
prime minister is the senior member of cabinet in the executive branch of
government in a parliamentary system. The prime minister
selects and can dismiss other members of the cabinet; allocates posts to
members within the Government; is the presiding member and chairman of the
cabinet and is responsible for bringing proposal of legislation. The
resignation or death of the prime minister dissolves the cabinet.
The
prime minister is appointed by the president to assist the latter in the
administration of the affairs of the executive.
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Member of
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Reports to
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Appointer
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President of India
by convention, based on appointee's ability to command confidence in the Lok Sabha |
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so long as General Elections are held no more than five
years apart. No term limits are imposed on the office
The prime minister is by convention the leader of the victorious party |
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Inaugural holder
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Formation
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15 August 1947
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Salary
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Website
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Eligibility
According to Article 84 of the Constitution of
India, which sets the principal qualifications for member of Parliament, and
Article 75 of the Constitution of India, which sets the qualifications for the
minister in the Union Council of Minister, and the argument that the position
of prime minister has been described as 'first among equals',
A prime minister must:
- be a
citizen of
- be a
member of the Lok Sabha or the Rajya
Sabha. If the person chosen as the prime minister is neither a member
of the Lok Sabha nor the Rajya Sabha at the time of selection, he or she
must become a member of either of the houses within six months.
- be above
25 years of age if he or she is a member of Lok Sabha or above 30 years of
age if he is a member of the Rajya Sabha.
not hold any office of profit under the Government
of India or the Government of any State or under any local or other authority
subject to the control of any of the said Governments.
Council of Ministers
The Cabinet of
India includes the Prime Minister and 35 Cabinet Ministers. Each Minister must
be a member of one of the houses of India 's Parliament. The Cabinet is
headed by the Cabinet Secretary, who is also acting as the
head of the Indian Administrative Service. Other
Ministers are either as Union Cabinet Ministers, who are heads of the various
Ministries; Ministers of State, who are junior members who report directly to
one of the Cabinet Ministers, often overseeing a specific aspect of government;
and Junior Ministers of State (Independent Charges), which do not report to a
Cabinet Minister.
Governor
The governors and lieutenant-governors
of the states and union territories of India
have similar powers and functions at the state level as that of the President of India at Union level. Governors
exist in the states while lieutenant-governors exist in union
territories and in the National Capital Territory of Delhi. Governor acts
as the nominal head whereas the real power lies in the hand of the chief ministers of the states and the
chief minister's Council of Minister .
In India ,
a lieutenant governor is in charge of a Union
Territory. However the rank is present only in the union territories of Andaman and Nicobar Islands, Delhi and Puducherry
(the other territories have an administrator appointed, who is an IAS officer).However the governor of
Punjab acts as the administrator of Chandigarh. Lieutenant-governors hold the
same rank as a governor of a state in the list of precedence.
The governors and lieutenant-governors are
appointed by the president for a term of 5 years.
Qualifications
Article 157 and Article 158 of the Constitution of India specify eligibility
requirements for the post of governor. They are as follows:
A governor must:
- be a citizen of India;
- be at
least thirty-five (35)years old;
- not be a
member of the either house of the parliament or house
of the state legislature.
- not hold
any other office of profit.
Powers and functions
The governor enjoys many different types of
powers:
- Executive
powers related to
administration, appointments and removals,
- Legislative
powers related to
lawmaking and the state legislature, that is Vidhan
Sabha or Vidhan Parishad,
- Discretionary
powers to be carried
out according to the discretion of the governor.
Executive powers
The Constitution vests in the governor all the
executive powers of the state government. The governor appoints the chief minister, who enjoys the support of
the majority in the Vidhan Sabha. The governor also appoints the other
members of the Council of Ministers and distributes portfolios to them on the
advice of the chief minister.
The Council of Ministers remain in power during
the 'pleasure' of the governor, but in the real sense it means the pleasure of
the Vidhan Sabha. As long as the majority in the Vidhan Sabha supports the
government, the Council of Ministers cannot be dismissed.
The governor appoints the chief minister of a state. He/she also
appoints the Advocate General and the chairman and members of
the State Public Service Commission. The president consults the governor in the
appointment of judges of the High Courts and the governor appoints the
judges of the District Courts. All administrations are carried on his name ,
HE/she also has the power to appoints staff for his tenure in class one and
class four as per constitution of India
Legislative powers
The
governor summons the sessions of both houses of the state legislature and
prorogues them. The governor can even dissolve the Vidhan
Sabha. These powers are formal and the governor while using these powers
must act according to the advice of the Council of Ministers headed by the chief minister.
The
governor inaugurates the state legislature by addressing it after the assembly
elections and also at the beginning of the first session every year. The
governor's address on these occasions generally outlines new policies of the
state government. A bill that the state legislature has passed, can become a
law only after the governor gives assent. The governor can return a bill to the
state legislature, if it is not a money bill,
for reconsideration. However, if the state legislature sends it back to the
governor for the second time, the governor must assent to it. The governor has
the power to reserve certain bills for the president.
When
the state legislature is not in session and the governor considers it necessary
to have a law, then the governor can promulgate ordinances. These ordinances
are submitted to the state legislature at its next session. They remain valid
for no more than six weeks from the date the state legislature is reconvened
unless approved by it earlier.
Financial powers
Money
bills can be introduced in the State Legislative Assembly only on the prior
recommendation of the governor. He also causes to be laid before the State
Legislature the annual financial statement which is the State Budget. Further
no demand for grant shall be made except on his recommendation. He can also
make advances out of the Contingency Fund of the State to meet any unforeseen
expenditure. Moreover, he constitutes the State Finance Commission. In vidhan
sabha he nominates 1 person.
Discretionary
powers
The
governor can use these powers: a) If no party gets an absolute majority, the
governor can use his discretion in the selection of the chief minister; b)
During an emergency he can override the advice of the council of ministers. At
such times, he acts as an agent of the president and becomes the real ruler of
the state; c) He uses his discretion in submitting a report to the president
regarding the affairs of the state; and d) He can withhold his assent to a bill
and send it to the president for his approval.
Legislative Relations
A
legislature is a state's internal decision-making organization,
usually associated with national government,
that has the power to enact, amend, and repeal public policy. Legislatures
observe and steer governing actions and usually have exclusive authority to amend
the budget or
budgets involved in the process. The most common names for national
legislatures are "parliament" and "congress",
although these terms have more specific meanings.
In
parliamentary systems of government,
the executive is responsible to the legislature which
may remove it with a vote of no confidence. According to the separation of powers doctrine, the legislature
in a presidential system is considered an
independent and coequal branch of government along with both the judiciary
and the executive.
Distribution of Powers between Union and the States
The
Government of India (referred to as the Union
Government) was established by the Constitution of India, and is the governing
authority of a federal union of 29 states and 7 union territories.
The
government of India
- Union
List includes subjects of national importance such as defence of the
country, foreign affairs, banking, communications and currency. The Union Government
alone can make laws relating to the subjects mentioned in the Union List.
- State
List contains subjects of State and local importance such as police,
trade, commerce, agriculture and irrigation. The State Governments alone
can make laws relating to the subjects mentioned in the State List.
- Concurrent
List includes subjects of common interest to both the Union Government
as well as the State Governments, such as education, forest, trade unions,
marriage, adoption and succession. Both the
Asymmetric
Federalism
A
distinguishing aspect of Indian federalism is that unlike many other forms of
federalism, it is asymmetric. Article 370
makes special provisions for the state of Jammu
and Kashmir as per its Instrument of Accession.
Article 371 makes special provisions for the states of Andhra
Pradesh, Arunachal Pradesh, Assam, Goa, Mizoram, Manipur, Nagaland and Sikkim as per their
accession or state-hood deals. Also one more aspect of Indian federalism is
system of President's Rule in which the central
government (through its appointed Governor) takes control of state's
administration for certain months when no party can form a government in the
state or there is violent disturbance in the state.
SEPARATION OF POWERS
The
separation of powers, often imprecisely used interchangeably with the trias
politica principle,
is a model for the governance of a state (or who controls the state). The
model was first developed in ancient
Greece. Under this model, the state
is divided into branches, each with separate and independent powers and areas
of responsibility so that the powers of one branch are not in conflict with the
powers associated with the other branches. The typical division of branches is
into a legislature,
an executive, and a judiciary. It
can be contrasted with the fusion
of powers in a parliamentary system where the executive and
legislature (and sometimes parts of the judiciary) are unified.
India follows a
parliamentary system of government, which offers a clear separation of powers.
The judiciary branch is fairly independent of the other two branches. Executive
powers are vested with the President and Prime Minister, who are assisted by
the Cabinet Secretary and other Secretaries. But practically the separation
of powers does not exist between Legislature and Executive, as Prime Minister is elected by Parliament it
self. Hence in India
- Parliament
- Legislative
- Prime Minister, Cabinet, Government Departments &
Civil Service - Executive
- Supreme
Court - Judicial
Fundamental Rights
The Fundamental Rights are not absolute
and are subject to reasonable restrictions as necessary for the protection of
public interest.
In the Kesavananda Bharati v. State of
Kerala case in 1973,note
the Supreme Court, overruling
a previous decision of 1967, held that the Fundamental Rights could be amended,
subject to judicial review in case such an amendment violated the basic
structure of the Constitution.
The Fundamental Rights can be enhanced,
removed or otherwise altered through a constitutional amendment,
passed by a two-thirds majority of each House of Parliament.
The imposition of a state of emergency may lead to a
temporary suspension any of the Fundamental Rights, excluding Articles 20 and
21, by order of the President.
The President may, by order, suspend the right to constitutional remedies as
well, thereby barring citizens from approaching the Supreme Court for the
enforcement of any of the Fundamental Rights, except Articles 20 and 21, during
the period of the emergency.
Parliament may also restrict the application of the Fundamental Rights to
members of the Indian Armed Forces and the police, in order to
ensure proper discharge of their duties and the maintenance of discipline, by a
law made under Article 33.
Right to Equality
The Right to Equality is one of the chief
guarantees of the Constitution. It is embodied in Articles 14–16, which
collectively encompass the general principles of equality before law and
non-discrimination,
and Articles 17–18 which collectively further the philosophy of social
equality.
Article 14 guarantees equality before law as well as equal protection of the
law to all persons within the territory
of India
Article 15 prohibits discrimination on the
grounds only of religion, race, caste, sex, place of birth, or any of them.
This right can be enforced against the State as well as private individuals,
with regard to free access to places of public entertainment or places of public
resort maintained partly or wholly out of State funds.
However, the State is not precluded from making special provisions for women
and children or any socially and educationally backward classes of citizens,
including the Scheduled Castes and Scheduled
Tribes. This exception has been provided since the classes of people
mentioned therein are considered deprived and in need of special protection.
Article 16 guarantees equality of opportunity in matters of
public employment and prevents the State from discriminating against anyone in
matters of employment on the grounds only of religion, race, caste, sex,
descent, place of birth, place of residence or any of them. It creates
exceptions for the implementation of measures of affirmative action for the benefit of any
backward class of citizens in order to ensure adequate representation in public
service, as well as reservation of an office of any religious institution for a
person professing that particular religion.
The practice of untouchability has
been declared an offence punishable by law under Article 17, and the Protection
of Civil Rights Act, 1955 has been enacted by the Parliament to further this
objective.
Article 18 prohibits the State from conferring any titles other than military
or academic distinctions, and the citizens of India
Right to Freedomedit]
The Right to Freedom is covered in
Articles 19–22, with the view of guaranteeing individual rights that were
considered vital by the framers of the Constitution, and these Articles also
include certain restrictions that may be imposed by the State on individual
liberty under specified conditions. Article 19 guarantees six freedoms in the
nature of civil rights, which are available only to citizens of India
The freedoms guaranteed by Article 19 are
further sought to be protected by Articles 20–22.
The scope of these articles, particularly with respect to the doctrine of due process,
was heavily debated by the Constituent Assembly. It was argued, especially by Benegal Narsing Rau, that the incorporation of
such a clause would hamper social legislation and cause procedural difficulties
in maintaining order, and therefore it ought to be excluded from the
Constitution altogether.
The Constituent Assembly in 1948 eventually omitted the phrase "due
process" in favour of "procedure established by law".
As a result, Article 21, which prevents the encroachment of life or personal
liberty by the State except in accordance with the procedure established by
law,note
was, until 1978, construed
narrowly as being restricted to executive action. However, in 1978, the Supreme
Court in the case of Maneka Gandhi v. Union of India extended the
protection of Article 21 to legislative action, holding that any law laying
down a procedure must be just, fair and reasonable,
and effectively reading due process into Article 21.
In the same case, the Supreme Court also ruled that "life" under
Article 21 meant more than a mere "animal existence"; it would
include the right to live with human dignity and all other aspects which made
life "meaningful, complete and worth living".
Subsequent judicial interpretation has broadened the scope of Article 21 to
include within it a number of rights including those to livelihood, clean
environment, good health, speedy trial and humanitarian treatment while
imprisoned.
The right to education at elementary level has been made one of the Fundamental
Rights under Article 21A by the 86th Constitutional amendment of 2002.
Article 20 provides protection from
conviction for offences in certain respects, including the rights against ex
post facto laws, double jeopardy and freedom from self-incrimination.
Article 22 provides specific rights to arrested and detained persons, in
particular the rights to be informed of the grounds of arrest, consult a lawyer
of one's own choice, be produced before a magistrate within 24 hours of the
arrest, and the freedom not to be detained beyond that period without an order
of the magistrate.
The Constitution also authorises the State to make laws providing for preventive detention, subject to certain other
safeguards present in Article 22.
The provisions pertaining to preventive detention were discussed with
skepticism and misgivings by the Constituent Assembly, and were reluctantly approved
after a few amendments in 1949.
Article 22 provides that when a person is detained under any law of preventive detention,
the State can detain such person without trial for only three months, and any
detention for a longer period must be authorised by an Advisory Board. The
person being detained also has the right to be informed about the grounds of
detention, and be permitted to make a representation against it, at the
earliest opportunity.
Right against
Exploitationedit]
The Right against Exploitation, contained
in Articles 23–24, lays down certain provisions to prevent exploitation of the
weaker sections of the society by individuals or the State.
Article 23 provides prohibits human
trafficking, making it an offence punishable by law, and also prohibits forced
labour or any act of compelling a person to work without wages where he was
legally entitled not to work or to receive remuneration for it. However, it permits
the State to impose compulsory service for public purposes, including conscription
and community service.
The Bonded Labour system (Abolition) Act, 1976, has been enacted by Parliament
to give effect to this Article.
Article 24 prohibits the employment of children below the age of 14 years in
factories, mines and other hazardous jobs. Parliament has enacted the Child
Labour (Prohibition and Regulation) Act, 1986, providing regulations for the abolition
of, and penalties for employing, child labour, as well as provisions for
rehabilitation of former child labourers.
Right to Freedom
of Religionedit]
The Right to Freedom of Religion, covered
in Articles 25–28, provides religious
freedom to all citizens and ensures a secular
state in India
Cultural and
Educational Rightsedit]
The Cultural and Educational rights, given
in Articles 29 and 30, are measures to protect the rights of cultural,
linguistic and religious minorities, by enabling them to conserve their
heritage and protecting them against discrimination.
Article 29 grants any section of citizens having a distinct language, script
culture of its own, the right to conserve and develop the same, and thus
safeguards the rights of minorities by preventing the State from imposing any
external culture on them.
It also prohibits discrimination against any citizen for admission into any
educational institutions maintained or aided by the State, on the grounds only
of religion, race, caste, language or any of them. However, this is subject to reservation of a reasonable number of seats by
the State for socially and educationally backward classes, as well as
reservation of up to 50 percent of seats in any educational institution
run by a minority community for citizens belonging to that community.
Article 30 confers upon all religious and
linguistic minorities the right to set up and administer educational
institutions of their choice in order to preserve and develop their own
culture, and prohibits the State, while granting aid, from discriminating
against any institution on the basis of the fact that it is administered by a
religious or cultural minority.
The term "minority", while not defined in the
Constitution, has been interpreted by the Supreme Court to mean any community
which numerically forms less than 50% of the population of the state in which
it seeks to avail the right under Article 30. In order to claim the right, it
is essential that the educational institution must have been established as
well as administered by a religious or linguistic minority. Further, the right
under Article 30 can be availed of even if the educational institution
established does not confine itself to the teaching of the religion or language
of the minority concerned, or a majority of students in that institution do not
belong to such minority.
This right is subject to the power of the State to impose reasonable
regulations regarding educational standards, conditions of service of
employees, fee structure, and the utilisation of any aid granted by it.
Right to
Constitutional Remediesedit]
The Right to Constitutional Remedies
empowers citizens to approach the Supreme Court of India to seek enforcement,
or protection against infringement, of their Fundamental Rights.
Article 32 provides a guaranteed remedy, in the form of a Fundamental Right
itself, for enforcement of all the other Fundamental Rights, and the Supreme
Court is designated as the protector of these rights by the Constitution.
The Supreme Court has been empowered to issue writs,
namely habeas corpus, mandamus, prohibition, certiorari
and quo
warranto, for the enforcement of the Fundamental Rights, while the High
Courts have been empowered under Article 226 – which is not a Fundamental Right
in itself – to issue these prerogative
writs even in cases not involving the violation of Fundamental Rights.
The Supreme Court has the jurisdiction to enforce the Fundamental Rights even
against private bodies, and in case of any violation, award compensation as
well to the affected individual. Exercise of jurisdiction by the Supreme Court
can also be suo motu
or on the basis of a public interest litigation.
This right cannot be suspended, except under the provisions of Article 359 when
a state of emergency is declared.
Directive Principles of State Policyedit]
The Directive Principles of State Policy,
embodied in Part IV of the Constitution, are directions given to the State to
guide the establishment of an economic and social democracy, as proposed by the
Preamble.
They set forth the humanitarian and socialist
instructions that were the aim of social revolution envisaged in India
Despite being non-justiciable, the
Directive Principles act as a check on the State; theorised as a yardstick in
the hands of the electorate and the opposition to measure the performance of a
government at the time of an election.
Article 37, while stating that the Directive Principles are not enforceable in
any court of law, declares them to be "fundamental to the governance of
the country" and imposes an obligation on the State to apply them in
matters of legislation.
Thus, they serve to emphasise the welfare
state model of the Constitution and emphasise the positive duty of the
State to promote the welfare of the people by affirming social, economic and
political justice, as well as to fight income
inequality and ensure individual dignity, as mandated by Article 38.
Article 39 lays down certain principles of
policy to be followed by the State, including providing an adequate means of
livelihood for all citizens, equal pay for equal work for men and
women, proper working conditions, reduction of the concentration of wealth and
means of production from the hands of a few, and distribution of community
resources to "subserve the common good".
These clauses highlight the Constitutional objectives of building an egalitarian
social order and establishing a welfare state, by bringing about a social
revolution assisted by the State, and have been used to support the nationalisation
of mineral resources as well as public utilities.
Further, several legislations pertaining to agrarian
reform and land tenure have been enacted by the federal and state
governments, in order to ensure equitable distribution of land resources.
Articles 41–43 mandate the State to endeavour
to secure to all citizens the right
to work, a living wage, social
security, maternity relief, and a decent standard of living.
These provisions aim at establishing a socialist state as envisaged in the
Preamble.
Article 43 also places upon the State the responsibility of promoting cottage
industries, and the federal government has, in furtherance of this,
established several Boards for the promotion of khadi, handlooms etc.,
in coordination with the state governments.
Article 39A requires the State to provide free legal aid
to ensure that opportunities for securing justice are available to all citizens
irrespective of economic or other disabilities.
Article 43A mandates the State to work towards securing the participation of
workers in the management of industries.
The State, under Article 46, is also mandated to promote the interests of and
work for the economic uplift of the scheduled castes and scheduled
tribes and protect them from discrimination and exploitation. Several
enactments, including two Constitutional amendments, have been passed to give
effect to this provision.
Article 44 encourages the State to secure
a uniform civil code for all citizens, by
eliminating discrepancies between various personal laws
currently in force in the country. However, this has remained a "dead
letter" despite numerous reminders from the Supreme Court to implement the
provision.
Article 45 originally mandated the State to provide free and compulsory
education to children between the ages of six and fourteen years,
but after the 86th Amendment in 2002, this has been converted into a
Fundamental Right and replaced by an obligation upon the State to secure
childhood care to all children below the age of six.
Article 47 commits the State to raise the standard of living and improve public
health, and prohibit the consumption of intoxicating
drinks and drugs injurious to health.
As a consequence, partial or total prohibition
has been introduced in several states, but financial constraints have prevented
its full-fledged application.
The State is also mandated by Article 48 to organise agriculture and animal
husbandry on modern and scientific lines by improving breeds and prohibiting slaughter of cattle.
Article 48A mandates the State to protect the environment and safeguard the
forests and wildlife of the country, while Article 49 places an obligation upon
the State to ensure the preservation of monuments and objects of national
importance.
Article 50 requires the State to ensure the separation of judiciary from
executive in public services, in order to ensure judicial independence, and federal
legislation has been enacted to achieve this objective.
The State, according to Article 51, must also strive for the promotion of
international peace and security, and Parliament has been empowered under
Article 253 to make laws giving effect to international
treaties.
Fundamental Duties
The Fundamental Duties of citizens were added to
the Constitution by the 42nd Amendment in 1976, upon the recommendations of the
Swaran
Singh Committee that was constituted by the government earlier that year.
Originally ten in number, the Fundamental Duties were increased to eleven by
the 86th Amendment in 2002, which added a duty on every parent or guardian to
ensure that their child or ward was provided opportunities for education
between the ages of six and fourteen years.
The other Fundamental Duties obligate all citizens to respect the national
symbols of India
—It shall be the duty of every citizen of India
- to abide
by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem;
- to cherish
and follow the noble ideals which inspired our national struggle for
freedom;
- to uphold
and protect the sovereignty, unity and integrity of
- to defend
the country and render national service when called upon to do so;
- to promote
harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women;
- to value
and preserve the rich heritage of our composite culture;
- to protect
and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures;
- to develop
the scientific temper, humanism and the spirit of inquiry and reform;
- to
safeguard public property and to abjure violence;
- 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;
- who is a
parent or guardian to provide opportunities for education to his child or
ward, as the case may be, between the age of six and fourteen years
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