Constitution Law Syllabus Notes (AutoRecovered)

Constitution law
WHAT IS CONSTITUTION?
 The vast majority of contemporary constitutions describe the basic
principles of the state, the structures and processes of government and the
fundamental rights of citizens in a higher law that cannot be unilaterally
changed by an ordinary legislative act. This higher law is usually referred to
as a constitution.
Basic Functions of a constitution –

 Constitution can declare and define the boundaries of the political
community.
 Constitution can declare and define the nature and authority of the political
community.
 Constitution can express the identity and values of a national community.
 Constitution can declare and define the rights and duties of citizens.
 Constitution can establish and regulate the political institutions of the
community.
 Constitution can divide or share power between different layers of govt or
sub-state communities.
 Constitution can declare the official religious identity of the state and
demarcate relationships between sacred and secular authorities.
 Constitution can commit states to particular social, economic or
developmental goals.
The historical background of constitution

The involvement of Britishers was a major role in our constitution.
 1600 to 1765 – the coming of the British
 1765 to 1858 – the beginning of the British Rule
 1858 to 1919 – the end of Company’s Rule
 1919 to 1947 – the introduction of Self-Government
 1947 to 1950 – The framing of the new constitution
THE NATURE OF THE INDIAN CONSTITUTION
Is the constitution of India federal?

Constitutions are either unitary or federal. In a unitary constitution the powers
of the government are centralised in one government (central government).
In a federal constitution, there is a division of powers between the federal and
the state government and both are independent in their own spheres.
So by going with the definition it proves that Indian constitution is federal.
Essential characteristics of a federal constitution:

 Distribution of powers
 Supremacy of constitution
 A written Constitution
 Rigidity
 Authority of courts
SALIENT FEATURES OF THE INDIAN

CONSTITUTION:
1. The Lengthiest constitution in the world - The Indian constitution is

the lengthiest and the most detailed of all the written constitutions of the
world. While the American constitution originally consisted of only 7
articles, the Australian constitution 128 articles, the Canadian constitution
147 articles, the Indian Constitution originally consisted of 395 articles
divided into 22 parts and 8 schedule in the Constitution.
2. Parliamentary form of government – The constitution of India

establishes a parliamentary form of government both at the central and
the states, Lok Sabha and Rajya Sabha. The council of minister is
collectively responsible to the Lok Sabha and the head of the council of
minister is the prime minister. The president is the constitutional head of
the state.
3. Unique blend of rigidity and flexibility – A rigid constitution is one

which requires a special method of amendment of any of its provisions
while in flexible constitution any of its provisions can be amended by
ordinary legislative process. The Indian constitution, though written, is
sufficiently flexible. It is only few provisions of the constitution that
require the consent of half of the state legislature. The rest of the
provisions can be amended by a special majority of Parliament.
4. Fundamental Rights – It is the part III of the Indian constitution and

these rights are prohibitions against the state. The state cannot make a law
which takes away or abridges any of the rights of the citizens guaranteed
in the part III of the constitution. Our constitution has conferred on the
supreme court the power to grant most effective remedies in the nature of
writs Habeas Corpus, Mandamus, Prohibition, Quo Warranto and
Certiorari whenever these rights are violated.
5. Directive Principles of State Policy (DPSP) – the DPSP contains in the

part IV of constitution set out the aims and objectives to be taken up by
the states in the governance of the country.
6. A federation with strong centralising tendency – the most remarkable

feature of the Indian constitution is that being a federal constitution it
acquires a unitary character during the time of emergency. During the
proclamation of emergency the normal distribution of power between the
centre and states undergoes a vital change. The union parliament is
empowered to legislate on any subjects mentioned in the state list.
7. Adult Suffrage – the old system of communal electorates has been

abolished and the uniform adult suffrage system has been adopted. Under
the Indian Constitution every man and woman above 18 years of age has
been given the right to representatives for the legislature.
8. An Independent Judiciary – it is the custodian of the rights of citizens,

besides, in a federal constitution it plays another significant role of
determining the limits of power of the centre and states.
9. A Secular State – A secular state has no religion of its own ass

recognised religion of state. It treats all religion equally.
10. Single Citizenship – though the constitution of India is federal and

provides for dual polity, centre and states, but it provides for a single
citizenship for the whole of India.
11. Fundamental Duties – The constitution (42nd Amendment) act, 1976

introduce a code of ten “fundamental Duties” for citizens with the
constitution (86th Amendment) Act, 2002, this code has become of eleven
duties.
12. Separation of Powers – with the development of democratic form of

govt, there came three distinct organs of government: Executive,
Legislature and Judiciary.
ARTICLE 1 TO 4 (THE UNION AND ITS

TERRITORY)
Article 1 of the constitution declares that the sovereign democratic republic of

India ‘shall be the union of states.’ The territory of India shall consist of
1. The territories of the states,
2. The union Territories specified in the first schedule and
3. Such other Territories as may be acquired.
Article 1 of the constitution describes India as a union of states not as
federation of states. Union of India is not the result of an agreement, nor has
any state the right to secede from it.
The federation is called a union of states, because it is indestructible.
Article 2 provides that parliament may by law admit new states into the
Union of India or establish new states on such terms and conditions as it
deems fit.
Article 3 of the constitution empowers the parliament to form a new state by
altering boundaries of existing states.
Article 4 of the constitution allows for consequential changes in the Ist
Schedule i.e. names of the States in the Union of India and IVth Schedule i.e.
a number of seats allotted in the Rajya Sabha for each state.
ARTICLE 5 TO 11 (CITIZENSHIP)
Article 5: Citizenship at the commencement of the constitution

This article talks about citizenship for people at the commencement of the
Constitution, i.e. 26th January 1950. Under this, citizenship is conferred upon
those persons who have their domicile in Indian territory and –
1. Who was born in Indian Territory; or
2. Whose either parent was born in Indian Territory; or
3. Who has ordinarily been a resident of India for not less than 5 years
immediately preceding the commencement of the Constitution.
Article 6: Citizenship of certain person who have migrated from Pakistan

Any person who has migrated from Pakistan shall be a citizen of India at
the time of the commencement of the Constitution if –
1. He or either of his parents or any of his grandparents was born in India

as given in the Government of India Act of 1935; and
2. in case such a person has migrated before July 19th, 1948 and has
been ordinarily resident in India since his migration.
Article 7: Citizenship of certain migrants to Pakistan

This article deals with the rights of people who had migrated to Pakistan after
March 1, 1947, but subsequently returned to India.
Article 8: Citizenship of certain persons of Indian origin residing outside India

This article deals with the rights of people of Indian origin residing outside
India for purposes of employment, marriage, and education.
Article 9:
People voluntarily acquiring citizenship of a foreign country will not be citizens
of India.
Article 10:
Any person who is considered a citizen of India under any of the provisions of
this Part shall continue to be citizens and will also be subject to any law made
by the Parliament.
Article 11: Parliament to regulate the rights of citizenship by law

The Parliament has the right to make any provision concerning the acquisition
and termination of citizenship and any other matter relating to citizenship.
PART III FUNDAMENTAL RIGHTS
ARTICLE 12 TO 35
Article 12: DEFINES “STATE”
ARTICLE 13:
According to Article 13 of the constitution, the state is not allowed to any law
which is in contravention to Part III of the Constitution of India. However, if
such law is made it will be declared as void.
ARTICLE 14: EQUALITY BEFORE LAW:
The state shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.
Kedar Nath Yadav v. State of West Bengal, AIR 2016 SC 4156
ARTICLE 15: PROHIBITION OF DISCRIMINATION ON GROUNDS OF

RELEGION, 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, be subject to any disability, liability, restriction or
condition with regard to
(a). access to shops, public restaurants, hotels and places of public
entertainment;
(b). the use of well

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Constitution law

Basic Functions of a constitution –

The historical background of constitution

THE NATURE OF THE INDIAN CONSTITUTION

Is the constitution of India federal?

Essential characteristics of a federal constitution:

SALIENT FEATURES OF THE INDIAN

1. The Lengthiest constitution in the world - The Indian constitution is

2. Parliamentary form of government – The constitution of India

3. Unique blend of rigidity and flexibility – A rigid constitution is one

4. Fundamental Rights – It is the part III of the Indian constitution and

5. Directive Principles of State Policy (DPSP) – the DPSP contains in the

6. A federation with strong centralising tendency – the most remarkable

7. Adult Suffrage – the old system of communal electorates has been

8. An Independent Judiciary – it is the custodian of the rights of citizens,

9. A Secular State – A secular state has no religion of its own ass

10. Single Citizenship – though the constitution of India is federal and

11. Fundamental Duties – The constitution (42nd Amendment) act, 1976

12. Separation of Powers – with the development of democratic form of

ARTICLE 1 TO 4 (THE UNION AND ITS

Article 1 of the constitution declares that the sovereign democratic republic of

Article 5: Citizenship at the commencement of the constitution

Article 6: Citizenship of certain person who have migrated from Pakistan

1. He or either of his parents or any of his grandparents was born in India

Article 7: Citizenship of certain migrants to Pakistan

Article 8: Citizenship of certain persons of Indian origin residing outside India

Article 11: Parliament to regulate the rights of citizenship by law

PART III FUNDAMENTAL RIGHTS

Article 12: DEFINES “STATE”

ARTICLE 15: PROHIBITION OF DISCRIMINATION ON GROUNDS OF

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