CONSTITUTION

Prof Farheen Ansari
B.Com, CS, LLB, PGDIPR Constitution of India
CONSTITUTION OF INDIA
INTRODUCTION:
Constitution of India came into force on 26th January 1950.
Dr.Bhim Rao Ambedar was the founding member of the Indian

Constitution
It contains 448 Articles, 12 Schedules and 25 PARTS and 98

Amendments.
Preamble, Fundamental Rights and Directive Principles are the

SOUL of the Constitution
.
PREAMBLE contains:
The word “Socialist”
SOVERIGN (Independence)
was added by 42nd
SOCIALIST (Public Welfare)
Amendment SECULAR (Support and Respect all Religion)
DEMOCRATIC (of, for and by the people)
REPUBLIC (People are Supreme Authority)
Constitution secures all the rights of Citizens of India;
JUSTICE LIBERTY EQUALITY FRATERNITY

Prof Farheen Ansari
FEATURES OF INDIAN CONSTITUTION
WRITTEN FORM
FEDERAL IN NATURE
BUT
UNITARY IN SPIRIT
RIGID AS WELL AS
SIMPLE PROCESS FOR
FEATURES OF AMENDMENTS
INDIAN
CONSTITUTION
FUNDAMENTAL
RIGHTS
(PART III)
DIRECTIVE PRINCIPLES
(PART IV)
SINGLE CITIZENSHIP
Q. Can Constitution of India be

amended?
(In: Kesavananda Bharti v/s State of

Karnataka)
Under Article 368, declares that the

Amendment of Constitution can be
done without destroying the basic
structure of the Constitution.
Prof Farheen Ansari
3 PILLARS OF INDIAN DEMOCRACY
L E J
E X U
G E D
I C I
S U C
L T I
A I A
T V R
I E Y
V
E
Make the Laws Implements the law Interprets the law

Prof Farheen Ansari
DISTRIBUTION OF POWERS BETWEEN

CENTRAL AND STATE
LIST I LIST II LIST III
UNION LIST STATE LIST CONCURRENT LIST
Central Govt has the State Govt has the Both Central and State
power to decide power to decide Govt has the power to
matters in List I matters in List II decide
Prof Farheen Ansari
Important PARTS of Constitution of India:
PART III PART IV
FUNDAMENTAL DIRECTIVE
RIGHTS PRINCIPLES
[ARTICLE 14-32] [ARTICLE 36-51]
No Fundamental Rights in
India is absolute and
subject to reasonable
restrictions in the interest
of state
CONSTITUTIONAL REMEDIES
Article 15, 16, 19 and 30 are

Article 32 Article 226 guaranteed only to citizens
Supreme Court High Court
Article 14, 20, 21, 22, 23, 25, 27
and 28 are available to any
Article 32 is person on the soil of India-
the heart of Constitutional Right Indian or Foreigner
Constitution
Article 14
Article 32 is our
Fundamental Right
Article 19 Article 21
Prof Farheen Ansari
ARTICLE 12: STATE

The term “State” includes:
(i) The Government (ii) The Government (iii) All Local and
and Parliament of and Legislature of other authorities
India each state
within the authority of India or under the control of

Government of India
Test for Instrumentality or Agency of the State:
Case Law: Ajay Hasai v/s Khalid Mujib
i) Entire Share Capital of the company is held by the Govt

ii) Financial assistance is given by Govt to meet the Deemed
expenditure of that company that the
iii) That corporation enjoys Monopoly status corporation
iv) Deep & Persuasive control of the Govt on the corporation is State
v) Functions of Corporation are of Public Importance
(Post, Bus, Transport, Electricity, Water)
vi) If any Govt department is transferred to a Corporation
Case Laws on Article 12:
Satish Nayak v/s Cochin Stock Exchange
Held that since Stock Exchange was independent of Government control

and not discharging any public duty, it cannot come under Article 12.
Zee Telefilms v/s Union of India
Held that BCCI was not a STATE under Article 12 as it was not shown to be
financially or functionally dominated by or under the control of Govt.
Prof Farheen Ansari
ARTICLE 13: JUSTIFIABILITY OF

FUNDAMENTAL RIGHTS
It gives teeth to the Fundamental rights. It lays down the rules of
Interpretation in regards to the law inconsistent to Fundamental
rights.
Existing Laws Future Laws

[Article 13(1)] [Article 13(2)]
Laws that were in force BEFORE Laws that were made and forced
the constitution AFTER the constitution
[Pre Constitutional Law] [Post Constitutional Law]
The word ‘law’ includes

Any Ordinance, order, bye-laws, rule, regulation,
notification, custom or usage having territory of India, the
force of law.”
1. DOCTRINE OF SEVERABILITY:
-The Law become inconsistent when it infringes the
Fundamental Rights.
-Under this Doctrine, only that part of the law which is

inconsistent /invalid shall be separated and the rest of the law
shall stand.
-Case law:
AK GOPALAN V/S STATE OF MADRAS

Supreme Court struck down Section 14 of the Prevention
Detention Act, 1950 on the ground that it is voilative of Article
22.
Prof Farheen Ansari
2. DOCTRINE OF ECLIPSE:
-The law which is invalid/inconsistent with Fundamental

Right becomes inoperative, but not dead.
-A law made before the constitution remains

eclipsed/dormant/sleepy if it is inconsistent with the
Fundamental rights.
-Case law:
Bhikaji Narain Dharkas v/s State of M.P

In this case validity of Berar Motor Vehicles Act 1947 was
challenged where the entire monopoly on motor transport
was given to state and hence voilative of Article 19(1)(g)
3. DOCTRINE OF WAIVER:
-You can relinquishment your Legal Rights
-However, one cannot waive off the Fundamental rights

except in come emergency
-Case law:
BasheswarNath v/s CIT

The petitioner was alleged to conceal huge sum of income
and case was referred to CIT (Section 5(1) of the Income
Tax Act and found that he concealed income upto Rs.5
lacs where he paid 3.5 lacs and rest by installment.
Prof Farheen Ansari
ARTICLE 14: RIGHT TO EQUALITY
“No State shall deprive/deny Equality before law or Equal

protection of law, within the territory of India to any person.”
ARTICLE 14
EQUALITY BEFORE LAW EQUALITY

PROTECTION OF LAW
POSITIVE CONCEPT NEGATIVE CONCEPT
BRITISH CONCEPT AMERICAN CONCEPT
All people are treated equal before Special Benefits shall be given by the
the eyes of law i.e. Poor-Rich, Old- State to special, underprivileged
Young, Man-Woman, Layman- categories i.e. Women, Children,
Politician etc OBC, SC, ST etc
Note: All Persons are not alike/equal in all respects and if same laws apply
uniformly, it will lead to inequality.
Therefore, special privilege and benefits are given to women, children, SC, ST,
OBC
Prof Farheen Ansari
 EXCEPTION TO ARTICLE 14
1. PRESIDENT AND GOVERNOR 2. JUDGES OF SUPREME COURT AND

HIGH COURT
3. FOREIGN AMBASSADORS
DOCTRINE OF CLASSIFICATION
It Forbids CLASS LEGISLATION It Allows REASONABLE CLASSIFICATION
Ex. Imposing more fine to a particular Classification on the basis of

class of people, upon violation of an “Intelligible differentia”
act and imposing lesser fine to some
other class for the same act
Prof Farheen Ansari
Case Laws:
Chiranjit Lal Chowdhary v/s UOI
Held that, Corporation is legal person and is entitled to benefit of this Article.
K.A Abbas v/s Union of India [Film Censorship case]
The classification as to issue of ‘U’ certificate and ‘A’ certificate movie was
challenged as violating Article 14. The Court held that it was a reasonable
classification.
AIR India V/s Nargis Mirza [Air Hostess Case]
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.
Held that it is violating Article 14 of Indian constitution
Maneka Gandhi v/s UOI [Passport Impound Case]
Maneka Gandhi was about to travel to some other country for work purpose,
and she received a letter from passport office, stating that her passport is to
be impounded by the GOI. She wrote a letter asking for the reason for
impounding. And received a reply “in the interest of general public”
Maneka Gandhi filed a writ petition under Article 32, stating that the decision
is violation of her Fundamental rights under Article 14 and 19(1)
Held that the court said that the said reason by the passport officer is violating
one’s fundamental right because the reason is too vague to impound
somebody’s passport. Further it doesn’t give an individual an opportunity of
being heard. The Court further said it violates Article 21 of the Indian
Constitution (life and personal liberty) too
Indra Sawhney v/s UOI
Held that, right to equality is one of the basic feature of Indian Constitution.
Prof Farheen Ansari
ARTICLE 15: PROHIBITION OF DISCRIMINATION

Article 15(1):
It prohibits State from Discrimination of any citizen on the grounds of;
 Religion
 Race
 Caste
 Sex
 Place of birth
 Or any of the above
Article 15(2):
No citizen shall be subjected to any restriction, disability or condition with regards

to;
i) Access to shops, public restaurants, hotels or place of public

entertainment
ii) Use of well, tanks, roads, etc maintained by the state
Article 15(3): [Exception]
The State shall make specific provision for WOMEN & CHILDREN
Prof Farheen Ansari
Article 15(4):
The State shall make special provisions for advancement of:
 Socially Backward classes of citizen

 Scheduled Castes
 Scheduled tribes [Exception]
ARTICLE 16: EQUALITY OF OPPORTUNITY IN THE

MATTERS OF PUBLIC EMPLOYMENT
Article 16(1):
It grants to all citizens equal opportunity in the

matters of employment of office under the State.
Article 16(2):
It prohibits discrimination on the ground of:

 Religion
 Race
 Caste
 Sex
 Decent (Language)
 Place of Birth
 Resident
Prof Farheen Ansari
The State has power to make law in regards to

employment of any Particular class [SC, ST and OBC
and even Women and children]
The State shall make special provision for

Reservation of any post for Backward Class.
Article 16(4A): [Exception]
The State shall make special provision for Promotion of any

backward class of society in employment.
ARTICLE 17: ABOLITION OF UNTOUCHABILITY
This Article prohibits untouchability on its citizens, which is forbidden

by law and it is an OFFENSE and PUNISHABLE.
Untouchability doesn’t include an instigation to social boycott

[Re: Davarajiah v/s Padamanna]
Prof Farheen Ansari
ARTICLE 18: ABOLITION OF TITLE
 Titles which are not allowed with name;

 Sir
 Rajbahadur
 Rajsaheb
 Knights
 It creates discrimination
 Awards are not voilative but titles are

voilative.
 Framers of Constitution prohibited title

carrying Suffix and Prefix
 No citizen shall accept any title from any foreign state.
 No person holding any office of profit/trust under the State shall without consent
of President, accept any present, emoluments, from any foreign state
ARTICLE 19: RIGHTS OF FREEDOM
Article 19(1) (a): Freedom of Speech and Expression
Article 19(1) (b): Freedom of Assembly
Article 19(1) (c): Freedom to form Association
Article 19(1) (d): Freedom of movement
Article 19(1) (e): Freedom to reside in any part of country
Article 19(1) (g): Freedom of trade and occupation

Prof Farheen Ansari
Article 19(1) (a): FREEDOM OF SPEECH AND EXPRESSION
 The law conferred upon its citizen the RIGHT TO SPEAK-:
Ideas Opinions Attitudes

Thoughts Believes
which may be good or bad
 This right includes;

 Freedom of press
 Right to publicize one’s opinion
 Right to circulation and propagation of ideas
 Freedom of peaceful demonstration and dramatic performance and
cinematography
 RIGHT TO EXPRESSION can be done by;
Mouth Writing Printin Picture
 Right to speak shall also include freedom

not to speak or remain silent
 This Right also includes;

 Right to know
 Right to receive information
 Right to reply
Prof Farheen Ansari
Restrictions on Freedom of Speech and Expressions

[Article 19(2)]
1. Security of State
2. Public Order, decency and morality
3. Avoid Defamation
4. Sovereignty & Integrity of

India
5. Friendly relation with foreign states
6. Contempt of Court
7. Incitement to an offence
Article 19(1) (b): FREEDOM OF ASSEMBLY
 This Article gives Fundamental Right to form a peaceful assembly, without any
arms and weapons
 Assembly can be gathered for any purpose such as Formation of Public

Opinion on any political, social or religious issue.
 However this right is subject to same restriction as mentioned under Article

19(2)
Prof Farheen Ansari
Article 19(1) (c): FREEDOM TO FORM ASSOCIATION
 It includes right to hold meeting and take our processions
 It includes freedom to form:
Clubs, Societies, Partnership, Political Party, trade Union etc
 However this right is subject to same restriction as mentioned under Article

19(2)
Article 19(1) (d): FREEDOM OF MOVEMENT
 This law confers right of every citizen to move freely in any part and territory of
India but does not extend to travel abroad.
 This right is granted only to the citizen of the

country
 However, this right shall be restricted in the

interest of public
Prof Farheen Ansari
Article 19(1) (e): FREEDOM TO RESIDE IN ANY PART OF COUNTRY
 It gives the citizens right to settle in any part of India unless

there is any restrictions, imposed by law.
Remember, unless there is freedom of Movement;

There cannot be freedom of Resident
 However, this right shall be restricted in the interest of

public
Article 19(1) (g): FREEDOM OF TRADE AND OCCUPATION
 Every citizen has the fundamental right to carry on any TRADE

which he/she may like, provided it should be LEGAL.
OCCUPATION
Case Law:
Chintaman Rao V/s State of MP
In the above case, the State law prohibited manufacturing of bidis in the season of
agriculture and that nobody was allowed to make or manufacture bidis except the
state during a particular season.
The Court held that the above law is violating Article 19(1)(g) of Constitution.
Restrictions on Freedom of trade and occupation:
a) If it affects the interest of General Public
b) If it prescribes professional or technical qualification for a particular trade

Prof Farheen Ansari
ARTICLE 20: PROTECTION AGAINST

CONVICTION OF OFFENDERS
Article 20(1): PROTECTION AGAINST EX POST FACTO LAW
 Ex Post Facto Law means the law that has retrospective (back dated)effect
 This Article states that no person is to be convicted for violating of law when
the law was not in force.
 A law enacted later, making and act done earlier, will not make a person
liable.
 It applies only to Criminal Law
Ex. If for an offence the imprisonment was of 3 years and now revised to 5 years,
the person undergoing imprisonment convicted for the offence committed by
him in past, will have to undergo 3 years of imprisonment, not the revised one.
Article 20(2): DOUBLE JEOPARDY
 A Person cannot be punished twice for the same cause

of action/offence
Article 20(3): SELF INCRIMINATION
 A Person cannot be compelled to make or give any statement as a witness

that goes against him.
 This protection is available only when 3 conditions are

satisfied
 He must be an accused
 He must be compelled to be a witness to himself
 Compulsion is resulting in giving evidence against
himself
Prof Farheen Ansari
ARTICLE 21: PROTECTION OF LIFE AND

PERSONAL LIBERTY
 Article 21 is the heart of Constitution.
 It states,
“No person shall be deprived of his life or
personal liberty, EXCEPT according to the procedure
established by the law.”
Article 21 includes;
 Right to Life i.e. meaningful and dignified

life
 Right to Adopt children
 Right to Privacy
 Right to livelihood
 Right to Education
 Right to Go Abroad
 Right to Free Legal Aid (for poor)
 Right to get passport
 Right to vote
 Right to get pollution free environment
 Right to Health
 Right to Shelter
Case Laws:
Kharak Singh v/s State of UP

The petitioner was charged for the case of dacoity and many police office used to
gather everyday around his building to watch his day to day activities, day and
night.
Held that the act is violating Fundamental right under Article 21 of the Constitution
People’s Union for Civil Liberty v/s UOI

Held that Telephone tapping is considered to be infringement of Article 21, as it
infringes right to privacy.
Satwant Singh Sawhney v/s APO

It was held that right to travel is included in personal liberty and no person can be
deprived of his right to travel
Prof Farheen Ansari
ARTICLE 21A: RIGHT TO EDUCATION
 The Constitution’s in its 86th Amendment in the year 2002,

made Education free and compulsory Fundamental right to all
the children between the age group of 6-14 years
 Every child has a right to full elementary education.
ARTICLE 22: PROTECTION AGAINST ARREST &

DETENTION
Ordinary Rights on Detention Rights on Preventive Detention
-Right to be informed about the reason of -No Detention beyond 3 months, unless
arrest permission from Advisory Board
-Right to consult a Legal Practitioner -Right to be informed about the reason for
-Right to be produced before the nearest arrest
Magistrate within 24 hours -Opportunity of making representation
-Right not to be detained beyond 24 hours
Prof Farheen Ansari
ARTICLE 23 & 24: RIGHT AGAINST

EXPLOITATION
Article 23: Prohibition of Forced and Bonded Labor and Human Trafficking
 This article prohibits:

 Human Trafficking
 Forced Labor
 Dealing with Humans like Chattels
 Compelling Humans for begging
 If any person contravenes the article shall be punishable
Case Law:
Deena v/s UOI
It was held that if a prisoner is forced to do labor without giving him remuneration, it
will be deemed to be forced labor and violate Article 23 of Indian Constitution.
Article 24: Prohibition of Employment of Children in factories etc
 It states that,
“No child below the age of 14 years shall be employed to work in any factory or
mine or engaged in any other hazardous employment.”
 However the employment of children in non-

hazardous work is allowed, subject to complying
prescribed rules
Case Law
MC Mehta V/s UOI
A person named Shivakshi employed many child labors in manufacturing process

of matches and fireworks. M C Mehta moved to the Court under Article 32.
The Court observed, qualified as a hazardous industry. Thus employing children

under the age of 14 years in this industry is prohibited.
Prof Farheen Ansari
ARTICLE 25-28: RIGHT TO FREEDOM OF

RELIGION
What is Religion?
It is a matter of faith
of an individual or a
community
India is a secular state, where different religious people stay together and the
State protects all the religion and shall not interfere in any.
The state provides equality to all religion.
Article 25: Freedom of conscience and free profession, practice and

propagation of ideas
 It gives every person:

a) Freedom of conscience (belief or faith)
b) Right to freely profess, practice and propagate (spread) ideas of religion
Restrictions:
i) In case of Public order, morality or health
ii) If it disturbs the social welfare of general public
Case Law:
Bijoe Emmanuel v. State of Kerala [National anthem case]
Few children belonging to a sect worshipped Jehovah (creator) and refused to sing
National Anthem because of their religious faith. They stood up respectfully in silence
daily for the National Anthem but refused to sing because of their honest belief.
The Headmistress of the school expelled the students for not singing National
Anthem.
Supreme Court held that the act of expelling the student is voilative of their
Fundamental rights under Article 25, where they have freedom to practice their own
religion.
Prof Farheen Ansari
Article 26: Freedom to manage Religious affairs
 Every religious denomination has the following rights,

subject to morality, health and public order.
 The right to form and maintain institutions for religious and
charitable intents.
 The right to manage its own affairs in the matter of
religion.
 The right to acquire immovable and movable property.
 The right to administer such property according to the law.
Article 27: Freedom of payment of tax for promotion of any religion
 It prevents a person from being compelled to pay any

taxes which are meant for the payment of the costs
incurred for the promotion or maintenance of any religion
or religious denomination.
Article 28: Prohibition of Religious Instruction in Education Institutes
 This Article prohibits:
i) Providing religious instructions in any educational institutions that are

maintained wholly out of the state funds.
ii) No person attending state recognized or state-funded educational
institution is not required to take part in religious instruction or attend any
workshop conducted in such an institution or premises of such
educational institution.
Provided:
If the guardian /parents of minor give the consent for the minor to attend
such religious instructions
The above shall not apply to those educational institutions administered by the
states but established under endowment or trust requiring religious instruction to
be imparted in such institution.
Prof Farheen Ansari
ARTICLE 29 &30: CULTURAL AND EDUCATIONAL

RIGHTS OF MINORITIES
Article 29: Protection of Interest of Minority
 Article 29(1): Any Section of the citizen residing in the territory of India or any
part, having distinct language, script, culture of its own has the right to be
conserved.
 Article 29(2): No citizen shall be denied admission into any educational institute
maintained out of state fund on the ground of –religion, race, caste, language or
any of them.
Article 30: Right of Minorities to Establish and Administer Educational

Institute
 All minorities shall have right to establish and administer Educational Institute.
 The state shall not deny any help on the ground of minorities /religion.
Prof Farheen Ansari
ARTICLE 31A, 31B, 31C-Relating to Property
 Right to property is no more a fundamental right, but is still a constitutional right.
 This article reads as, “No person shall be deprived of his property, save by
authority of law.”
 It is also provided that compensation would be paid

to a person whose property has been taken for public
purposes.
ARTICLE 32: ENFORCEMENT OF FUNDAMENTAL

RIGHTS
Article 32 is
the heart and
soul of It is the cardinal principle of law,
Constitution
ubi jus ebi remedium:
“where there is right, there is a remedy”
 This article gives Fundamental right to move direct to Supreme

Court, if the Fundamental Rights are violated
 Supreme Courts shall issue directions/order/writs.
 This right under article 32 cannot be suspended except as

provided in the constitution.
Prof Farheen Ansari
WRIT JURISDICTION OF HIGH COURT & SUPREME COURT
CONSTITUTIONAL REMEDIES
ARTICLE 32 ARTICLE 226
Right to move to Supreme Court Right to move to High Court
It is a Fundamental Right It is a Constitutional Right
This article can be exercised This article can be exercised for

only for enforcement of enforcement of Fundamental
Fundamental rights rights and for any other purpose
It has narrow jurisdiction It has wider jurisdiction
Writ is an instrument or order of court, by which the court

directs an individual or official or any authority to do an act
or abstinence (not to do an act).
Prof Farheen Ansari
KINDS OF WRITS
1. WRIT OF HABEAS CORPUS
 It means to “produce/have the body”
 If any person is wrongfully detained, then

 Himself or
 His friend or
 His relative
can move the court by filing an application u/a 32 or 226 for writ of habeas corpus
 The court on being satisfied issues a writ of Habeas Corpus and ask the official
or authority to produce the person detained wrongfully before the court
 This is also called “Freedom writ”
 Disobedience to this writ shall be contempt of

court
2. WRIT OF MANDAMUS
 It means “we command”
 This writ is issued to direct/order any;

 Person
 Corporation
 Inferior court
to do something which they are authorized to do or refrain from doing something
which are not authorized for.
 If any public authority is not conferring his duty properly, one can move to the
court u/a 32 or 226 by filing an application for Mandamus.
 This is called “Writ of Justice”

Prof Farheen Ansari
3. WRIT OF CERTIORARI
 This writ is used to set aside or quash the decision of authority which is beyond
its jurisdiction
 It gives power to Supreme Court and High Court to set aside the illegal order
passed by lower courts
Make an application to
SC or HC, to set aside the
order
LOWER COURT, passed

an order beyond its SC/HC shall issue writ of Certiorari
authority setting aside the order
4. WRIT OF PROHIBITION
 This writ is issued to prevent the decision of any authority not having jurisdiction
before they decide upon any matter
Make an application to SC or
HC, to prevent the lower court
from passing order
LOWER COURT, is about

to pass an order beyond
its authority SC/HC shall issue writ of Prohibition
to prevent the lower court from
passing order
Prof Farheen Ansari
5. WRIT OF QUO WARRANTO
 It means “by what authority”

By what authority
are you holding
 This writ is issued to question the title as to holder of an office
this office?
 This can be issued against:

 Prime Minister
 Advocate General
 Speaker of house
Prof Farheen Ansari
DIRECTIVE PRINCIPLE OF STATE [ARTICLE 36-51] (PART IV)

 The framers of the Constitution borrowed Directive Principles
from Ireland.
 It shall be the duty of the State to apply these principles in making

laws.
 Directive Principles are not enforceable in the court.
 Directive Principles do not confer nor do they take away rights of Legislature.
 The courts cannot compel the Government to carry out any Directives
Directive Principles of State:
Article 38: Social Order for the promotion of welfare of people
Article 39: Give citizen adequate means of livelihood

Equal pay for equal work
Resources shall be distributed equally
Health and Strength of workers
Article 39-A: Equal justice and free legal aid
Article 40: Organization of village panchayats
Article 41: Right to work, education and public

assistance
Article 42: Provision of just and humane condition of work and maternity relief
Article 43: Living wages for workers
Article 44: Uniform Civil Code
Article 45: Free and compulsory education for children
Article 46: Promotion of Educational and Economic interest of SC ST and

weaker section
Article 47: Raise the level of nutrition and improve the standard of living
Prof Farheen Ansari
Article 48: Organization of Agriculture and Animal
Husbandry
Article 48-A: Improvement of Environment
Article 49: Protection of Monuments and places of

national importance
Article 50: Separation of Judiciary from Executive
Article 51: Promotion of International peace and integrity
FUNDAMENTAL DUTIES OF CITIZEN [ARTICLE 51-A, PART IVA]

a) to abide by the constitution and respect the National Flag and National
Anthem
b) to cherish and follow the noble ideas which inspired our national
struggle for freedom
c) to uphold the integrity, sovereignty and unity of India
d) to defend the country and render national service when called

upon
e) to promote harmony and spirit of

brotherhood
f) to value and preserve rich heritage of our

composite culture
g) to promote and improve the natural environment
h) to safeguard public property
i) to provide opportunities for education to one’s child between

the age of 6 years to 14 years
Case Law:
Surya Narain v/s UOI
Since duties are imposed on citizen and not upon states, legislation is necessary for
their implementation. Fundamental duties cannot be enforced by writs.
Prof Farheen Ansari
CITIZENSHIP [ARTICLE 5-11]

 Citizenship is the status of a person recognized under law as
being a legal member of a sovereign state or belonging to a
nation.
 Articles 5 – 11 of the Constitution deals with the concept of citizenship.
 The term citizenship entails the enjoyment of full membership of any State in
which a citizen has civil and political rights.
 In India we have Single Citizenship concept.
Article 5: Citizenship at the commencement of the Constitution
Every person who has a domicile (permanent residence) in the territory of India
AND
i. was born in the territory of India or
ii. either of his parents were born in India or
iii. who has ordinarily been a resident of India for not less than 5 years
immediately preceding the commencement of the Constitution
Prof Farheen Ansari
PARLIAMENT
HOUSE OF COUNCIL OF
PEOPLE PRESIDENT STATES
(LOK SABHA) (RAJYA SABHA)
PRESIDENT
Elected members of both the houses
How is the President of (Lok Sabha and Rajya Sabha)
India elected??
Elected members of State Legislative

Assemblies
POWERS OF THE PRESIDENT
Execution of law and

Administrative powers administration of Govt dept
Ordinance are laws
Command of the armed promulgated by the
Military powers
forces and conduct of war President of India, to
take immediate
actions in the time of
Legislative powers Making laws or passing
emergency
ordinance
Administrative powers Granting pardons
Under Article 123 of the Constitution, President of India has the power to promulgate the Ordinance,
when it is not possible for both the house to meet and legislate.
President shall make ordinance on the advice of Council of Ministers. Whenever the parliament re-
assembles, ordinance will be laid before the Parliament
Ordinance shall cease to exist automatically on the expiry of 6 weeks from the date of reassembly
Prof Farheen Ansari
RAJYA SABHA (COUNCIL OF STATES)
HOW MEMBERS OF RAJYA SABHA ELECTED?
12 members are nominated 238 representatives of different

by the President States and Union Territories (UT)
Should be person of special

Representative of States Representatives of UT
knowledge or practical experience
are elected by the elected shall be as prescribed by
in the field literature, science, art
member of Legislative the Parliament
and social service
Assembly of the State by
means of Single
Transferable Vote
the manner of allocation of seats to be filled by the State

and UT shall be in accordance with Forth Schedule of
Indian Constitution
LOK SABHA (HOUSE OF PEOPLE)
 It consists of people chosen directly by election of the adult suffrage (right to

vote)
 The maximum number of people shall be 552

 530 members represent the State,
 20 members represent UT,
 not more than 2 members of Anglo-Indian community nominated by
President
Prof Farheen Ansari
COUNCIL OF MINISTERS
PRIME MINISTER HEAD
 The Prime Minister shall be appointed by the President.
 Other Ministers are appointed by the President on the advice of Prime Minister.
 The total number of Ministers, including PM in the Council of Ministers shall not
exceed 15% of the total members of House of People (Lok Sabha).
 Ministers hold office at the pleasure of President.
 Council of ministers are collectively responsible to the House of People
 When a person becomes a Minister, the President administer him on oath of

office and secrecy.
 The salaries and allowance of the Ministers are determined by the Parliament,
as specified in Second Schedule
Prof Farheen Ansari
CONSTITUTION OF STATE LEGISLATURE
For every State there shall be a Legislature, which consist of Governor
State of Andhra Pradesh, Bihar, In other states, one house

Madhya Pradesh, Maharashtra,
Karnataka, Tamil Nadu, Telangana
and Uttar Pradesh have 2 Houses
Legislative Assembly
Legislative Council AND Legislative Assembly
 The Legislative Assembly of each State shall consist of not more than 500
and not less than 60 members chosen by direct election from territorial
constituencies in the State.
 The total number of members in Legislative Council of a State having

council shall not exceed 1/3rd of the total number of members in the
Legislative Assembly of that State
 The total number of members in the Legislative Council of a State shall not
be less than 40
 The term of Legislative Assembly shall be for 5 years; Legislative Council of

state shall not be subject to dissolution.
 1/3rd member of Legislative Council shall retire on expiration of 2 year, in

accordance with law.
Prof Farheen Ansari
GOVERNOR
 The executive power of the State is vested in the Governor.
 Every state has a Governor; however, a Governor can be

a governor for 2 or more states.
 Governor of the state is not elected but appointed by the

President and holds office at his pleasure.
 The head of the executive power to a State is the Governor just as the President
for the Union.
 Governor possesses: Executive, Legislation and Judicial Power, just like the
President except Diplomatic or Military powers.
 Governor has the power to make Ordinance under Article

213 after consultation with President.
 Ordinance must be laid before Legislature assembly when it

reassembles.
 Ordinance shall cease to exist automatically on the expiry of 6 weeks from the
date of reassembly
JUDICIARY IN INDIA
Interpret laws SUPREME COURT
HIGH COURT
DISTRICT/SUBORDINATE COURT
CIVIL COURT CRIMINAL EXECUTIVE JUDICIAL SPECIAL

COURT MAGISTRATE MAGISTRATE TRIBUNALS
Prof Farheen Ansari
1. THE SUPREME COURT:
Highest/apex court in the country
It is created by the Constitution
Appeals of High Court (Civil and Criminal case) is entertained
Writ jurisdiction u/A 32
Advice the President on any reference made
Before Independence, Privy

Councils were highest
authority for British India
2. THE HIGH COURT:
The First HC in British India was established under the

Indian High Court Act, 1861
High Courts have: Appellate jurisdiction for Civil and

Criminal matters of Subordinate courts
Writ Jurisdiction u/A 226
3. THE SUBORDINATE COURT:
There are various Subordinate Civil and Criminal courts under law
CIVIL COURT CRIMINAL SPECIAL

COURT TRIBUNALS
EXECUTIVE JUDICIAL
MAGISTRATE MAGISTRATE
Prof Farheen Ansari
CIVIL COURT:
In each district, there is a District Court presided by District Magistrate, with Additional
Judges
These courts entertain civil matters such, property, will etc and follow Civil Procedure
Code, 1908
Below these courts are Courts of Judges (also called Subordinate Judges or Munsiffs)
Civil Courts are established by State Laws
CRIMINAL COURT:
These courts consists of Magistrate and the Courts of Session.
These courts entertain criminal matters for the offence committed under IPC and
follow Criminal Procedure Code, 1973
The Magistrates are divided under “Judicial and Executive” Magistrate
EXECUTIVE MAGISTRATE:
He is an officer of Executive Branch, given specific power both under CrPC and IPC
They don’t try criminal prosecution. The jurisdiction is confined to certain matters of
public tranquility.
The proceedings don’t end with acquittal or conviction but with restrictive orders.
In some states, EM is vested with some powers to try certain offences.
JUDICIAL MAGISTRATE:
There are 2 classes: First Class and Second Class Magistrate, under the control of Court
of Session.
Session Court can try all criminal offence and award sentence, except death
sentence
In big cities (Ahmedabad and Delhi) Magistrates are called Metropolitan Magistrate.
In cities (Ahmedabad and Hyderabad) Session court is called City Session Court
Prof Farheen Ansari
SPECIAL TRIBUNALS:
They are formed to deal with special matters specifically.
Labor Court, Income Tax Tribunal, Company Law Tribunal etc
MAJOR AMENDMENTS IN CONSTITUTION (1951-2019)
The Constitution(First -Ninth Schedule Added to protect the land reforms and
Amendment) Act, 1951 other laws
-Added 3 restrictions in Freedom of speech and expression

(public order, friendly relations with foreign states and
incitement to an offence)
-Empowered the state to make special provisions for socially

and economically backward classes
The Constitution -Scale of representation in Lok Sabha by providing that one

(Second Amendment) member could represent even more than 750000 person
Act, 1952
— It is also known as Mini-Constitution.

Constitution
(Forty – Second — Added three new words (i.e., socialist, secular and
Amendment) Act, 1976 integrity) in the Preamble.
— Added Fundamental Duties by the citizens (new Part IV

A).
— Made the president bound by the advice of the cabinet.
— Added 3 new Directive Principles viz., equal justice and

free legal aid, participation of workers in the management
of industries.
— Shifted 5 subjects from the state list to the concurrent list,

viz, education, forests, protection of wild animals and birds,
weights and measures and administration of justice,
constitution and organization of all courts except the
Supreme Court and the high courts.
Prof Farheen Ansari
— Empowered the Centre to deploy its armed forces in any

state to deal with a grave situation of law and order.
Constitution — This amendment popularly known as Anti-Defection Law

(Fifty – Second
Amendment) Act, 1985 — Provided for disqualification of members of Parliament
and state legislatures on the ground of defection and added
a new Tenth Schedule containing the details in this regard.
Constitution (Sixty – First Reduced the voting age from 21 years to 18 years for the Lok
Amendment) Act, 1989 Sabha and state legislative assembly elections.
Constitution (Sixty – Accorded a special status to the Union Territory of Delhi by

Ninth Amendment) Act, designing it as the National Capital Territory of Delhi.
1991
Constitution (Seventieth Provided for the inclusion of the members of the Legislative
Amendment) Act, 1989 Assemblies of National Capital Territory of Delhi and the
Union Territory of Puducherry in the Electoral College for the
election of the president
Constitution (Eighty- The number of seats in the Lok Sabha and the assemblies
Fourth Amendment) are to remain same till 2026.
Act, 2001
Constitution (Eighty- — Made elementary education a fundamental right. Added

Sixth Amendment) Act, Article 21-A which declares that “the State shall provide free
2002 and compulsory education to all children of the age of six
to fourteen years in such manner as the State may
determine”.
— Changed the subject matter of Article 45 in Directive

Principles. It now reads—“The State shall endeavour to
provide early childhood care and education for all children
until they complete the age of six years”.
— Added a new fundamental duty under Article 51-A which

reads—“It shall be the duty of every citizen of India who is a
parent or guardian to provide opportunities for education to
his child or ward between the age of six and fourteen years”.
Prof Farheen Ansari
Constitution (Ninety-First — The total number of ministers, including the Prime Minister,
Amendment) Act, 2003 in the Central Council of Ministers shall not exceed 15% of
the total strength of the Lok Sabha [Article 75(1A)].
— The total number of ministers, including the Chief Minister,

in the Council of Ministers in a state shall not exceed 15% of
the total strength of the legislative Assembly of that state.
But, the number of ministers, including the Chief Minister, in
a state shall not be less than 12 [Article 164(1A)].
— The provision of the Tenth Schedule (anti-defection law)

pertaining to exemption from disqualification in case of split
by one-third members of legislature party has been deleted.
It means that the defectors have no more protection on
grounds of splits.
Constitution (One — Goods and Services Tax (GST) has commenced with the
Hundred-One enactment of the 101st Constitution Amendment Act, 2016.
Amendment) Act, 2016
— Articles 246A, 269A and 279A were added in the
constitution. The amendment made changes in the 7th
schedule of the constitution.
Constitution (One — Constitutional status to the National Commission for

Hundred-Second Backward Classes.
Amendment) Act, 2018
— Inserted a new Article 342-A which empowers President
to notify the list of socially and educationally backward
classes of that state/union territory.
Constitution (One It changed two fundamental rights, Article 15 and 16. It

Hundred-Third provides for the advancement of the economically weaker
Amendment) Act, 2019 sections of society. Ten (10%) of all government jobs and
college seats will be reserved for people outside the high-
income bracket.
Disclaimer: That the Professor is the holder of Copyrights of this given notes. Unless expressly provided in
writing, no part of these notes should be reproduced, distributed or communicated to any third party. Further
the Professor herein does not accept any liability, intended or unintended in respect of this report.

CONSTITUTION

Uploaded by

Copyright:

Available Formats

CONSTITUTION

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

CONSTITUTION

Uploaded by

Copyright:

Available Formats

Prof Farheen Ansari

B.Com, CS, LLB, PGDIPR Constitution of India

Constitution of India came into force on 26th January 1950.

Dr.Bhim Rao Ambedar was the founding member of the Indian

It contains 448 Articles, 12 Schedules and 25 PARTS and 98

Preamble, Fundamental Rights and Directive Principles are the

Constitution secures all the rights of Citizens of India;

JUSTICE LIBERTY EQUALITY FRATERNITY

FEATURES OF INDIAN CONSTITUTION

Q. Can Constitution of India be

(In: Kesavananda Bharti v/s State of

Under Article 368, declares that the

3 PILLARS OF INDIAN DEMOCRACY

Make the Laws Implements the law Interprets the law

DISTRIBUTION OF POWERS BETWEEN

LIST I LIST II LIST III

UNION LIST STATE LIST CONCURRENT LIST

Important PARTS of Constitution of India:

PART III PART IV

Article 15, 16, 19 and 30 are

ARTICLE 12: STATE

within the authority of India or under the control of

Test for Instrumentality or Agency of the State:

Case Law: Ajay Hasai v/s Khalid Mujib

i) Entire Share Capital of the company is held by the Govt

Case Laws on Article 12:

Satish Nayak v/s Cochin Stock Exchange

Held that since Stock Exchange was independent of Government control

Zee Telefilms v/s Union of India

ARTICLE 13: JUSTIFIABILITY OF

Existing Laws Future Laws

The word ‘law’ includes

-Under this Doctrine, only that part of the law which is

AK GOPALAN V/S STATE OF MADRAS

-The law which is invalid/inconsistent with Fundamental

-A law made before the constitution remains

Bhikaji Narain Dharkas v/s State of M.P

-You can relinquishment your Legal Rights

-However, one cannot waive off the Fundamental rights

BasheswarNath v/s CIT

ARTICLE 14: RIGHT TO EQUALITY

“No State shall deprive/deny Equality before law or Equal

EQUALITY BEFORE LAW EQUALITY

POSITIVE CONCEPT NEGATIVE CONCEPT

BRITISH CONCEPT AMERICAN CONCEPT

1. PRESIDENT AND GOVERNOR 2. JUDGES OF SUPREME COURT AND

It Forbids CLASS LEGISLATION It Allows REASONABLE CLASSIFICATION

Ex. Imposing more fine to a particular Classification on the basis of

Chiranjit Lal Chowdhary v/s UOI

K.A Abbas v/s Union of India [Film Censorship case]

AIR India V/s Nargis Mirza [Air Hostess Case]

Air India, a state-owned company, required female flight attendants to retire

Held that it is violating Article 14 of Indian constitution

Maneka Gandhi v/s UOI [Passport Impound Case]

Indra Sawhney v/s UOI

ARTICLE 15: PROHIBITION OF DISCRIMINATION

It prohibits State from Discrimination of any citizen on the grounds of;

No citizen shall be subjected to any restriction, disability or condition with regards

i) Access to shops, public restaurants, hotels or place of public

ii) Use of well, tanks, roads, etc maintained by the state