INTRODUCTION

The constitution is the supreme law of India. This is a

written document that lays down the framework
demarcating fundamental basic code, structure,
procedures, powers, and duties of the Government and its
organizations and the rights & responsibilities of the
citizens.
The Constituent Assembly adopted it on 26th November
1949 and came into force on 26th January 1950. At its
adoption, it originally contained 22 Parts, 395 Articles, and
8 Schedules (now 25 Parts, 448 Articles and 12 Schedules).
 SALIENT FEATURES

Salient Features of Constitution of India: The Indian

Constitution opens with a preamble. The Constitution’s aims, goals,
and fundamental precepts are outlined in the Preamble.
According to the nation’s requirements, our Constitution has
incorporated the best elements of most major international
constitutions.

LIST OF SALIENT FEATURES:

• Lengthiest Written Constitution
• Drawn from Various Sources
• Blend of Rigidity and Flexibility
• Federal System with Unitary Bias
• Parliamentary Form of Government
• Synthesis of Parliamentary Sovereignty and Judicial Supremacy
• Rule of Law
• Integrated and Independent Judiciary
• Fundamental Rights
• Directive Principles of State Policy
• Fundamental Duties
• Indian Secularism
• Universal Adult Franchise
• Single Citizenship
1. LENGTHIEST WRITTEN CONSTITUTION:

• There are two types of constitutions: written (like the American

Constitution) and unwritten (like the British Constitution).
• The Indian Constitution holds the title of being the world’s
longest Constitution with 145000 words to be ever adopted.
• It is a very comprehensive, elaborate and detailed document.

2. DRAWN FROM VARIOUS SOURCES:

• The Constitution of India has borrowed most of its provisions

from the constitutions of various other countries as well as
from the Government of India Act of 1935 [About 250
provisions of the 1935 Act have been included in the
Constitution].
• Dr B R Ambedkar proudly acclaimed that the Constitution of
India has been framed after ‘ransacking all the known
Constitutions of the world’.
• The structural part of the Constitution is, to a large extent,
derived from the Government of India Act of 1935.
• The philosophical part of the Constitution (Fundamental Rights
and the Directive Principles of State Policy) derive its inspiration
from the American and Irish Constitutions respectively.
• The political part of the Constitution (the principle of Cabinet
government and the relations between the executive and the
legislature) has been largely drawn from the British
Constitution.

3. BLEND OF RIGIDITY AND FLEXIBILITY:

• Constitutions are classified into rigid and flexible.
• A rigid constitution is one that requires a special procedure
for its amendment, for example, the American Constitution.
 • A flexible constitution is one that can be amended in the
same manner as ordinary laws are made, for example, the
British Constitution.
• The Indian Constitution is a unique example of a
combination of rigidity and flexibility.
• A constitution may be called rigid or flexible on the basis of
its amending procedure.
• The Indian Constitution provides for three types of
amendments ranging from simple to most difficult
procedures depending on the nature of the amendment.

4. FEDERAL SYSTEM WITH UNITARY BIAS:

• The Constitution of India establishes a federal system of

government.
• It contains all the usual features of a federation, such as two
governments, division of powers, written constitution, the
supremacy of the constitution, the rigidity of the Constitution,
independent judiciary and bicameralism.
• However, the Indian Constitution also contains a large number
of unitary or non-federal features, such as a strong Centre, a
single Constitution, the appointment of a state governor by the
Centre, all-India services, an integrated judiciary, and so on.
• Moreover, the term ‘Federation’ has nowhere been used in the
Constitution.
• Article 1 describes India as a ‘Union of States’ which implies
two things:

o Indian Federation is not the result of an agreement by the

states.
o No state has the right to secede from the federation.
• Hence, the Indian Constitution has been variously described as
‘federal in form but unitary in spirit’, and ‘quasi-federal’ by K C
Wheare.

5. PARLIAMENTARY FORM OF GOVERNMENT:

• The Constitution of India has opted for the British

Parliamentary System of Government rather than the American
Presidential system of government.
• The parliamentary system is based on the principle of
cooperation and coordination between the legislative and
executive organs while the presidential system is based on the
doctrine of separation of powers between the two organs.
• The Westminster model of governance, responsible
government, and cabinet government are other names for the
parliamentary system.
• The parliamentary system is established by the Constitution
both at the Center and in the States.
• It is known as a “Prime Ministerial Government” since the
prime minister’s position has grown so important in
parliamentary systems.

6. SYNTHESIS OF PARLIAMENTARY SOVEREIGNTY AND

JUDICIAL SUPREMACY:
• The British Parliament is linked to the theory of
parliamentary sovereignty, while the American Supreme
Court is linked to the doctrine of judicial supremacy.
• The Indian Supreme Court has less judicial review authority
than the US Supreme Court, just as the Indian parliamentary
system differs from the British one.
 • This is because the American Constitution provides for ‘due
process of law’ against that of ‘procedure established by law’
contained in the Indian Constitution (Article 21).

7. RULE OF LAW:
• This axiom states that men are not infallible and that hence
people are ruled by law and not by men. This axion is vital to
democracy.
• More important is the meaning that law is sovereign in
democracy.
• The chief ingredient of law is custom which is nothing but the
habitual practices and beliefs of common people over a long
number of years.

8. INTEGRATED AND INDEPENDENT JUDICIARY:

• India has a single integrated judicial system.

• The Indian Constitution also establishes an Independent
Judiciary by preventing the Legislature and the Executive from
having any influence over it.
• The Supreme Court stands as the apex court of the judicial
system. Below the Supreme Court are the High Courts at the
state level.
• Under a high court, there is a hierarchy of subordinate courts,
that is district courts and the other lower courts.
• The Supreme Court is a federal court, the highest court of
appeal, the guarantor of the fundamental rights of the citizens
and the guardian of the Constitution. Hence, the Constitution
has made various provisions to ensure its independence.
9. FUNDAMENTAL RIGHTS:

• Part III of the Indian Constitution guarantees six fundamental

rights to all Citizens.
• Fundamental Rights are one of the important features of the
Indian Constitution.
• The Constitution contains the basic principle that every
individual is entitled to enjoy certain rights as a human being
and the enjoyment of such rights does not depend upon the
will of any majority or minority.
• No majority has the right to abrogate such rights.
• The fundamental rights are meant for promoting the idea of
political democracy.
• They are justiciable in nature, that is, enforceable by the courts
for their violation.

10. DIRECTIVE PRINCIPLE OF STATE POLICY:

• According to Dr B R Ambedkar, the Directive Principles of State

Policy is a ‘novel feature’ of the Indian Constitution.
• They are enumerated in Part IV of the Constitution.
• The Directive Principles were included in our Constitution in
order to provide social and economic justice to our people.
• Directive Principles aim at establishing a welfare state in India
where there will be no concentration of wealth in the hands of
a few.
• They are non-justiciable in nature.
• In the Minerva Mills case (1980), the Supreme Court held that
‘the Indian Constitution is established on the foundations of the
balance between the Fundamental Rights and the Directive
Principles’.
11. FUNDAMENTAL DUTIES:

• The original constitution did not provide for the fundamental

duties of the citizens.
• Fundamental Duties were added to our Constitution by the
42nd Amendment Act of 1976 on the recommendation of the
Swaran Singh Committee.
• It lays down a list of ten Fundamental Duties for all citizens of
India.
• Later, the 86th Constitutional Amendment Act of 2002 added
one more fundamental duty.
• While the rights are given as guarantees to the people, the
duties are obligations that every citizen is expected to perform.
• However, like the Directive Principles of State Policy, the duties
are also non-justiciable in nature.
• There is a total of 11 Fundamental duties altogether.

12. INDIAN SECULARISM:

• The Constitution of India stands for a secular state.

• Hence, it does not uphold any particular religion as the official
religion of the Indian State.
• The conception aims to establish a secular state. This does not
mean that the State in India is anti-religious.
• The Western concept of secularism connotes a complete
separation between religion and the state (negative concept of
secularism).
• But, the Indian constitution embodies the positive concept of
secularism, i.e., giving equal respect to all religions or
protecting all religions equally.
13. UNIVERSAL ADULT FRANCHISE:

• Indian democracy functions on the basis of ‘one person one

vote’.
• Every citizen of India who is 18 years of age or above is entitled
to vote in the elections irrespective of caste, sex, race, religion
or status.
• The Indian Constitution establishes political equality in India
through the method of universal adult franchise.

14. SINGLE CITIZENSHIP:

• In a federal state usually, the citizens enjoy double citizenship

as is the case in the USA.
• In India, there is only single citizenship.
• It means that every Indian is a citizen of India, irrespective of
the place of his/her residence or place of birth.
• All the citizens of India can secure employment anywhere in
the country and enjoy all the rights equally in all parts of India.
• The Constitution makers deliberately opted for single
citizenship to eliminate regionalism and other disintegrating
tendencies.
• Single citizenship has undoubtedly forged a sense of unity
among the people of India.
 SOURCES OF INDIAN CONSTITUTION

Indian Constitution has absorbed those features from other nations’

constitutions that suited Indian problems and aspirations.
Constituent Assembly took the best of features from everywhere and
made them its own.
Our constitution has features taken from the Government of India
Act, 1935. Those features are:

• Federal Scheme
• Office of governor
• Judiciary
• Public Service Commissions
• Emergency provisions
• Administrative details
The other borrowed provisions from different countries and details
of those are given in the table below:

S.No Countries Borrowed Features of Indian Constitution

1. Australia • Concurrent list

• Freedom of trade, commerce and
intercourse
• Joint-sitting of the two Houses of
Parliament

2. Canada • Federation with a strong Centre

• Vesting of residuary powers in the
Centre
• Appointment of state governors by
the Centre
• Advisory jurisdiction of the Supreme
Court

3. Ireland • Directive Principles of State Policy

• Nomination of members to Rajya
Sabha
• Method of election of the president

4. Japan • Procedure Established by law

5. Soviet Union (USSR) • Fundamental duties

(now, Russia) • Ideals of justice (social, economic and
political) in the Preamble

6. UK • Parliamentary government
 • Rule of Law
• Legislative procedure
• Single Citizenship
• Cabinet system
• Prerogative writs
• Parliamentary privileges
• Bicameralism

7. US • Fundamental rights
• Independence of judiciary
• Judicial review
• Impeachment of the president
• Removal of Supreme Court and High
Court judges
• Post of vice-president

8. Germany (Weimar) • Suspension of Fundamental Rights

during emergency

9. South Africa • Procedure for amendment in the

Indian Constitution
• Election of members of Rajya Sabha

10. France • Republic

• Ideals of liberty, equality and
fraternity in the Preamble
 UNION TERRITORY

Union Territories (UTs) are federal territories and are administered by

the Union Government of India. They are also known as centrally
administered territories. In the Union Territories, Lieutenant
Governors (LGs) are appointed by the President of India. The LGs
serve as the UT administrators.
Background:

• The UTs were introduced in the States Reorganisation Act,

1956. The concept of the UT was added by the Constitution
(Seventh Amendment) Act, 1956.
Need for UTs

• The varying reasons for the formation of UTs included – such

territories being too small to be independent or too different
(economically, culturally and geographically) to be merged with
the surrounding states or were financially weak or politically
unstable. Due to the aforementioned reasons, they couldn’t
survive as separate administrative units and needed to be
administered by the Union Government. Some were made UTs
given their location or special status.
• The UTs of Daman and Diu was under the rule of the
Portuguese, while Puducherry was under the rule of the
French.
• They have a different culture than their surrounding
States and special provisions may be required to
preserve this identity as well as to provide effective
governance.
• Lakshadweep and Andaman and Nicobar islands are
located far from mainland India and occupy strategic
locations.
 • Union government control on them may be
considered a necessity from a national security point
of view.
• Delhi is the administrative capital of India while
Chandigarh is the administrative capital of both Haryana
and Punjab.
• The special place that Delhi occupies in India’s polity
due to it being the capital of the country
necessitates union government control on it.
• In 1956, we had 14 states and six UTs. Over the years, the
number of states increased to 28 and UTs to eight.
• Himachal Pradesh, Manipur, Tripura, Sikkim, Goa,
Arunachal Pradesh and Mizoram are some UTs that
became full states since the 1960s.

Union Territories in India

India currently has 8 Union Territories (UTs) – Delhi, Andaman and
Nicobar, Chandigarh, Dadra and Nagar Haveli and Daman and Diu,
Jammu and Kashmir, Ladakh, Lakshadweep, and Puducherry.

• In 2019, Jammu and Kashmir Reorganisation Act, 2019 was

passed by the Indian Parliament and it reconstituted the state
of Jammu and Kashmir into two Union Territories — UT of
Jammu and Kashmir and UT of Ladakh. Read more on
the former status of Jammu & Kashmir in the link.
• In 2020, Dadra and Nagar Haveli, and Daman and Diu were
merged into a single Union Territory known as Dadra and Nagar
Haveli and Daman and Diu.
Union Territory Capital

Andaman and Nicobar Islands Port Blair

Chandigarh Chandigarh

Dadra and Nagar Haveli and Daman Daman

and Diu

Delhi New Delhi

Jammu and Kashmir Srinagar (Summer), Jammu (Winter)

Ladakh Leh (summer), Kargil (winter)

Lakshadweep Kavaratti

Puducherry Puducherry
Constitutional Provisions related to UTs
Articles 239 to 241 in Part VIII of the Constitution deal with the union
territories and there is no uniformity in their administrative system.

• The original Constitution under Article 239 provided for the

administration of UTs directly by the President through the
administrators. Article 239A was brought in 1962, to enable
Parliament to create legislatures for the UTs. In this direction,
some UTs were provided with a legislature and a Council of
Ministers to fulfil the democratic aspirations of the people of
these territories. Article 239AA on the Indian Constitution was
added by Constitution (69th Amendment) act, 1991 according
special provisions for the National Capital Territory of Delhi.
• Under Article 240, President has the power to make regulations
for the peace, progress and good governance of Andaman and
Nicobar Islands, Lakshwadeep, Dadra and Nagar Haveli, Daman
and Diu and Puducherry. In the case of Puducherry, the
President can make a regulation to legislate only when the
assembly is suspended or dissolved.
• A regulation made by the President has the same force
and effect as an act of Parliament.
• Article 241 states that the Parliament may by law constitute a
High Court for a Union Territory or declare any court in any
territory to be a High Court for all or any of the purposes of the
Constitution. Only NCT of Delhi has a separate High Court.

Difference between UTs:

• The UTs of Andaman and Nicobar, Chandigarh, Dadra and

Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep do
not have any legislature while the UTs of Delhi, Jammu and
Kashmir, and Puducherry do have an elected legislature and
government.
• The legislative assembly of the Union Territory of Puducherry
may make laws with respect to matters enumerated in List II or
List III in the Seventh Schedule of the Constitution in so far as
these matters are applicable in relation to the Union Territory.
The legislative assembly of the National Capital Territory of
Delhi has also these powers with the exceptions that Entries 1,
2 and 18 of List II are not within the legislative competence of
the legislative assembly.
• Every union territory is administered by the President acting
through an administrator appointed by him. And it is up to the
President to specify the designation of an administrator. It may
be Lieutenant Governor or Chief Commissioner or
Administrator.
• In India, five Union Territories namely, Delhi, Puducherry,
Ladakh, J&K, and Andaman and Nicobar Islands are governed
by a Lieutenant-Governor while the rest 3 UTs are governed by
an Administrator.
 CITIZENSHIP

How is Citizenship Defined?

▪ Citizenship signifies the relationship between individual and
state.
▪ Like any other modern state, India has two kinds of people—
citizens and aliens. Citizens are full members of the Indian
State and owe allegiance to it. They enjoy all civil and political
rights.
▪ Citizenship is an idea of exclusion as it excludes non-citizens.
▪ There are two well-known principles for the grant of
citizenship:

o While ‘jus soli’ confers citizenship on the basis of

place of birth, ‘jus sanguinis’ gives recognition to
blood ties.
o From the time of the Motilal Nehru Committee
(1928), the Indian leadership was in favour of the
enlightened concept of jus soli.
o The racial idea of jus sanguinis was also rejected by
the Constituent Assembly as it was against the
Indian ethos.
Constitutional Provisions
▪ Citizenship is listed in the Union List under the Constitution and
thus is under the exclusive jurisdiction of Parliament.
▪ The Constitution does not define the term ‘citizen’ but details
of various categories of persons who are entitled to citizenship
are given in Part 2 (Articles 5 to 11).
▪ Unlike other provisions of the Constitution, which came into
being on January 26, 1950, these articles were enforced on
November 26, 1949 itself, when the Constitution was adopted.
▪ Article 5: It provided for citizenship on commencement of the
Constitution.
o All those domiciled and born in India were given
citizenship.
o Even those who were domiciled but not born in
India, but either of whose parents was born in
India, were considered citizens.
o Anyone who had been an ordinary resident for more
than five years, too, was entitled to apply for
citizenship.
▪ Article 6: It provided rights of citizenship of certain persons
who have migrated to India from Pakistan.

o Since Independence was preceded by Partition and

migration, Article 6 laid down that anyone who
migrated to India before July 19, 1949, would
automatically become an Indian citizen if either of his
parents or grandparents was born in India.
o But those who entered India after this date needed
to register themselves.
▪ Article 7: Provided Rights of citizenship of certain migrants to
Pakistan.

o Those who had migrated to Pakistan after March 1,

1947 but subsequently returned on resettlement
permits were included within the citizenship net.
o The law was more sympathetic to those who
migrated from Pakistan and called them refugees
than to those who, in a state of confusion, were
stranded in Pakistan or went there but decided to
return soon.
▪ Article 8: Provided Rights of citizenship of certain persons of
Indian origin residing outside India.
 o Any Person of Indian Origin residing outside India
who, or either of whose parents or grandparents,
was born in India could register himself or herself as
an Indian citizen with Indian Diplomatic Mission.
▪ Article 9: Provided that if any person voluntarily acquired the
citizenship of a foreign State will no longer be a citizen of India.
▪ Article10: It says that every person who is or is deemed to be a
citizen of India under any of the foregoing provisions of this
Part shall, subject to the provisions of any law that may be
made by Parliament, continue to be such citizen.
▪ Article 11: It empowers Parliament to make any provision with
respect to the acquisition and termination of citizenship and all
matters relating to it.
Acts and Amendments
▪ The Citizenship Act, 1955 provides for the acquisition and
determination of Indian citizenship.
o There are four ways in which Indian citizenship can be
acquired: birth, descent, registration and
naturalisation. The provisions are listed under
the Citizenship Act, 1955.
o The Act does not provide for dual citizenship or dual
nationality. It only allows citizenship for a person listed
under the provisions above ie: by birth, descent,
registration or naturalisation.
▪ The act has been amended four times — in 1986, 2003, 2005,
and 2015.
▪ Through these amendments Parliament has narrowed down
the wider and universal principles of citizenship based on the
fact of birth.
▪ 1986 amendment: Unlike the constitutional provision and the
original Citizenship Act that gave citizenship on the principle of
jus soli to everyone born in India, the 1986 amendment
to Section 3 was less inclusive.
 o The amendment has added the condition that those
who were born in India on or after January 26, 1950
but before July 1, 1987, shall be Indian citizen.
o Those born after July 1, 1987 and before December
4, 2003, in addition to one’s own birth in India, can
get citizenship only if either of his parents was an
Indian citizen at the time of birth.
▪ 2003 amendment: The amendment made the above condition
more stringent, keeping in view infiltration from Bangladesh.

o Now the law requires that for those born on or after

December 4, 2004, in addition to the fact of their
own birth, both parents should be Indian citizens or
one parent must be Indian citizen and other should
not be an illegal migrant.
▪ With these restrictive amendments, India has almost moved
towards the narrow principle of jus sanguinis or blood
relationship.
▪ This lays down that an illegal migrant cannot claim citizenship
by naturalisation or registration even if he has been a resident
of India for seven years.
▪ Citizenship (Amendment) Bill 2019: The amendment proposes
to permit members of six communities — Hindus, Sikhs,
Buddhists, Jains, Parsis and Christians from Pakistan,
Bangladesh and Afghanistan — to continue to live in India if
they entered India before December 31, 2014.

o It also reduces the requirement for citizenship

from 11 years to just 5 years.
o Two notifications also exempted these migrants from
the Passport Act and Foreigners Act.
o A large number of organisations in Assam protested
against this Bill as it may grant citizenship
to Bangladeshi Hindu illegal migrants.
 o The justification given for the bill is that Hindus and
Buddhists are minorities in Bangladesh, and fled to
India to avoid religious persecution, but Muslims are
a majority in Bangladesh and so the same cannot be
said about them.
Conclusion
▪ Giving concession of six years for residence based only on
religion is against the tenets of secularism. This should be
dropped to stand the test of ‘basic structure doctrine’.
▪ India, as a country which follows the ideology of ‘Vasudhaiva
Kutumbakam’, should not be hasty in taking decisions that can
disenfranchise her citizens – contradicting its centuries-
followed values.
▪ The need of the hour is that the Union Government should
clearly chart out the course of action regarding the fate of
excluded people from final NRC of Assam and political parties
should refrain from colouring the entire NRC process through
electoral prospects that may snowball into communal
violence.
▪ An overly legal approach will only produce more tension,
insecurity and anxiety.
 DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)

The Sapru Committee in 1945 suggested two categories of individual

rights. One being justiciable and the other being non-justiciable
rights. The justiciable rights, as we know, are the Fundamental rights,
whereas the non-justiciable ones are the Directive Principles of State
Policy.
DPSP of Indian Constitution are ideals which are meant to be kept in
mind by the state when it formulates policies and enacts laws. There
are various definitions of Directive Principles of State which are given
below:

• They are an ‘instrument of instructions’ which are enumerated

in the Government of India Act, 1935.
• They seek to establish economic and social democracy in the
country.
• DPSPs are ideals which are not legally enforceable by the courts
for their violation.

Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but based on
their content and direction, they are usually classified into three
types-

• Socialistic Principles,
• Gandhian Principles and,

• Liberal-Intellectual Principles.

The details of the three types of DPSPs are given below:

 DPSP – Socialistic Principles

Definition: They are the principles that aim at providing social and
economic justice and set the path towards the welfare state. Under
various articles, they direct the state to:

Article Promote the welfare of the people by securing a social order

38 through justice—social, economic and political—and to
minimise inequalities in income, status, facilities and
opportunities

Article Secure citizens:

39
• Right to adequate means of livelihood for all citizens
• Equitable distribution of material resources of the
community for the common good
• Prevention of concentration of wealth and means of
production
• Equal pay for equal work for men and women
• Preservation of the health and strength of workers and
children against forcible abuse
• Opportunities for the healthy development of children

Article Promote equal justice and free legal aid to the poor
39A

Article In cases of unemployment, old age, sickness and disablement,

41 secure citizens:

• Right to work
• Right to education
 • Right to public assistance

Article Make provision for just and humane conditions of work and
42 maternity relief

Article Secure a living wage, a decent standard of living and social and
43 cultural opportunities for all workers

Article Take steps to secure the participation of workers in the

43A management of industries

Article Raise the level of nutrition and the standard of living of people
47 and to improve public health

DPSP – Gandhian Principles

Definition: These principles are based on Gandhian ideology used to

represent the programme of reconstruction enunciated by Gandhi during
the national movement. Under various articles, they direct the state to:

Article Organise village panchayats and endow them with necessary

40 powers and authority to enable them to function as units of
self-government

Article Promote cottage industries on an individual or cooperation

43 basis in rural areas
Article Promote voluntary formation, autonomous functioning,
43B democratic control and professional management of co-
operative societies

Article Promote the educational and economic interests of SCs, STs,

46 and other weaker sections of the society and to protect them
from social injustice and exploitation

Article Prohibit the consumption of intoxicating drinks and drugs which

47 are injurious to health

Article Prohibit the slaughter of cows, calves and other milch and
48 draught cattle and to improve their breeds

DPSP – Liberal-Intellectual Principles

Definition: These principles reflect the ideology of liberalism. Under

various articles, they direct the state to:

Article Secure for all citizens a uniform civil code throughout the country
44

Article Provide early childhood care and education for all children until
45 they complete the age of six years. (Note: 86th Amendment Act
of 2002 changed the subject matter of this article and made
elementary education a fundamental right under Article 21 A.)
 Article Organise agriculture and animal husbandry on modern and
48 scientific lines

Article Protect monuments, places and objects of artistic or historic

49 interest which are declared to be of national importance

Article Separate the judiciary from the executive in the public services of
50 the State

Article • Promote international peace and security and maintain just

51 and honourable relations between nations
• Foster respect for international law and treaty obligations
• Encourage settlement of international disputes by
arbitration

What are the new DPSPs added by the 42nd Amendment Act,
1976?
42nd Amendment Act, 1976 added four new Directive Principles to
the list:

S.No Article New DPSPs

1 Article To secure opportunities for the healthy development of

39 children

2 Article To promote equal justice and to provide free legal aid to

39A the poor
 3 Article To take steps to secure the participation of workers in
43A the management of industries

4 Article To protect and improve the environment and to

48A safeguard forests and wildlife

Facts about Directive Principles of State Policy:

1. A new DPSP under Article 38 was added by the 44th

Amendment Act of 1978, which requires the State to minimise
inequalities in income, status, facilities and opportunities.
2. The 86th Amendment Act of 2002 changed the subject matter
of Article 45 and made elementary education a fundamental
right under Article 21A. The amended directive requires the
State to provide early childhood care and education for all
children until they reach the age of 14 years.
3. A new DPSP under Article 43B was added by the 97th
Amendment Act of 2011 relating to cooperative societies. It
requires the state to promote voluntary formation,
autonomous functioning, democratic control and professional
management of cooperative societies.
4. The Indian Constitution under Article 37 makes it clear that
‘DPSPs are fundamental in the governance of the country and it
shall be the duty of the state to apply these principles in
making laws.’

Criticism of Directive Principles of State Policy

As a point of debate, the following reasons are stated for the
criticism of Directive Principles of State Policy:

1. It has no legal force

 2. It is illogically arranged
3. It is conservative in nature
4. It may produce constitutional conflict between centre and state

What is the conflict between Fundamental Rights and DPSPs?

With the help of four court cases given below, candidates can
understand the relationship between Fundamental Rights and
Directive Principles of State Policy:
Champakam Dorairajan Case (1951)
Supreme Court ruled that in any case of conflict
between Fundamental Rights and DPSPs of Indian Constitution, the
provisions of the former would prevail. DPSPs were regarded as a
subsidiary of Fundamental Rights. SC also ruled that Parliament can
amend Fundamental Rights through a constitutional amendment act
to implement DPSPs.
Result: Parliament made the First Amendment Act (1951), the Fourth
Amendment Act (1955) and the Seventeenth Amendment Act (1964)
to implement some of the Directives.
Golaknath Case (1967)
Supreme Court ruled that Parliament cannot amend Fundamental
Rights to implement Directive Principles of State Policy.
Result: Parliament enacted the 24th Amendment Act 1971 & 25th
Amendment Act 1971 declaring that it has the power to abridge or
take away any of the Fundamental Rights by enacting Constitutional
Amendment Acts. 25th Amendment Act inserted a new Article 31C
containing two provisions:

• No law which seeks to implement the socialistic Directive

Principles specified in Article 39 (b)22 and (c)23 shall be void on
the ground of contravention of the Fundamental Rights
 conferred by Article 14 (equality before law and equal
protection of laws), Article 19 (protection of six rights in respect
of speech, assembly, movement, etc) or Article 31 (right to
property).
• No law containing a declaration for giving effect to such policy
shall be questioned in any court on the ground that it does not
give effect to such a policy.
Kesavananda Bharti Case (1973)
Supreme Court ruled out the second provision of Article 31C added
by the 25th Amendment Act during Golaknath Case of 1967. It
termed the provision ‘unconstitutional.’ However, it held the first
provision of Article 31C constitutional and valid.
Result: Through the 42nd Amendment Act, Parliament extended the
scope of the first provision of Article 31C. It accorded the position of
legal primacy and supremacy to the Directive Principles over the
Fundamental Rights conferred by Articles 14, 19 and 31.
Minerva Mills Case (1980)
Supreme Court held the extension of Article 31C made by the 42nd
Amendment Act unconstitutional and invalid. It made DPSP
subordinate to Fundamental Rights. Supreme Court also held that
‘the Indian Constitution is founded on the bedrock of the balance
between the Fundamental Rights and the Directive Principles.’
Supreme Court’s rulings following the case were:

• Fundamental Rights and DPSPs constitute the core of the

commitment to social revolution.
• The harmony and balance between Fundamental Rights and
Directive Principles of State Policy is an essential feature of the
basic structure of the Constitution.
• The goals set out by the Directive Principles have to be
achieved without the abrogation of the means provided by the
Fundamental Rights.
Conclusion: Today, Fundamental Rights enjoy supremacy over the
Directive Principles. Yet, Directive Principles can be implemented.
The Parliament can amend the Fundamental Rights to implement the
Directive Principles, so long as the amendment does not damage or
destroy the basic structure of the Constitution.

DPSP for UPSC Prelims

What is its full form? Directive Principles of State Policy

From which country is it borrowed? Ireland (Which had copied it from

Spanish Constitution)

How many articles are under DPSP? Article 36-51 belong to DPSP

Which part in Indian Constitution Part-IV belongs to DPSP

deals with DPSP?

How many types of DPSPs are There are three types:

there?
1. Socialist
2. Gandhian
3. Liberal-Intellectual

Have Directive Principles ever Yes, the 42nd Amendment Act,

amended? 44th Amendment Act, and
86th Amendment Act have
added/deleted a few DPSPs.
Are DPSPs justiciable? No, DPSPs are non-justiciable in
nature.

Are DPSPs sub-ordinate to There is a balance between both.

Fundamental Rights? Fundamental Rights can be
amended to implement Directive
Principles until it does not harm the
basic structure of the Constitution.

Who described DPSP as ‘novel Dr B.R. Ambedkar

feature’ of Constitution?

From where do Indian DPSPs find Irish Home Rule Movement

their motivation?

What are the recent developments There are various such acts enacted
in favour of DPSPs? to enforce DPSP. They are:

• Prevention of Atrocities Act (In

favour of Article 46)
• Minimum Wages Act (In
favour of Article 43)
• Consumer Protection Act
• Equal Remuneration Act (In
favour of Article 39)
 ART 14 EQUALITY BEFORE LAW

Introduction

Article 14 to 18 of the constitution guarantee the right to equality to

every citizen of Indian. Article 14 embodies the general principles of
equality before law and prohibits unreasonable discrimination
between persons article 14 embodies the idea of equality expressed
in the preamble the succeeding Article 15, 16, 17 and 18 lay down
specific application of the general rules laid down in Article 14 Article
15 relates to prohibition of discrimination on grounds of religion, race,
sex or place of birth.

Article 14 - Equality Before Law

Article 14 declares that ' the state shall not deny to any person equality
before the law or the equal protection of the laws within the territory
of India. Thus Article 14 uses two Exceptions " Equality before the law
" and " Equal Protection of the law ". The phrase " Equality before the
law " finds a place in almost all written constitution that guarantees
fundamental rights, both these expression have, however been used
in the universal declaration of Human Rights, The first expression '
Equality before law ' is of English origin and the second expression has
been taken from the American Constitution.

• Equality before law -

The Concept of equality does not mean absolute equality among

human beings which is physically not possible to archive it is a concept
implying absence of any special privilege by reason of birth creed or
the like in further of any individual, and also the equal subject of all
individuals and classes to the ordinary law of the land.

Defination - According to Dr. Jennings " Equality before the law means
that among equals the law should be equal and should be equally
administered, that like should be treated alike. The right to sue and be
sued to prosecute and be prosecuted for the same kind of action
should be same for all citizens of full age and understanding without
distinctions of race, religion, wealth, Social status or political
influence.

• Rule of law -

The guaramtee of equality before the law is an aspect of what dicey

calls the rule of law in England, Dicey wrote " every official from the
prime minister down to constable or a collector of taxes in under the
same responsibility for every act done without legal justification as
any other citizen

Decey gave Three meanings of the Rule of law

1. Absence of arbitrary power or supremacy of the law - It means the

abosulute supremacy of law as opposed to the arbitrary power of the
government. In other words - a man May be punished for a breach of
law, but he can be punished for nothing else.

2. Equality before the law - It means Subjection of all classes to the

ordinary law of the land administered by ordinary law courts, This
means that no one is above law with the sole exception of the
monarch who can do no wrong everyone in England.

3. The constitution is the result of the ordinary law of the land - It

means that the sources of the right of individuals is not the written
constitution but the rules as defined and enforced the courts

Article 14 - Equality protection of the law

The guarantee of equal protection of laws is similar to on embodied in

the 14th amendment to the American constitution - Means that
subjection to equal law, applying to all in the same circumstances. It
only means that all persons similarly circumastance shall be treated
alike, both the privileges conferred and liabilities imposed by the laws.
Meaning - Equal law should be applied to all the same situation, and
there should be no discrimination between one person and another.

The words ' any person ' in Article 14 of the constitution denotes that
the guarantee of the equal protection of laws is available to any
person which includes any company or association or body of
individuals, The protection Article 14 extents to both citizen and non -
citizen and to natural persons as well as legal persons.

• Exceptions to the Rule of law - Equality is, however, not an absolute

rule and there are number of exception.

1. ' Equality before the law ' " powers of the private citizens are the
same as the powers of the public officials.

2. The rule of law does not prevent certain classes of persons

• Member of armed forces are controlled by military laws, similarly.

• Medical practitioners are subjects to the regulations framed by the

medical council of India.

• Article 361 of the Indian constitution affords an immunity to the

president of india and the state Governors - Becouse Art. 361 Provides
that the president or the Governor of state shall not be answerable to
any court for the exercise and performance.

3. Today ministers and other executive bodies are given every wide
discretionary power by statute

4. Certain Members of society are governed by special rules in their

professionals, i.e Lawyers, doctors, nurses, army ete.

Exclusion of Article 14

1. The scope of right to equality under Article 14 has been

considerably restricted by the 42nd Amendment Act, 1976. The
New Article 31-C added by the Amendment Act provides that
 laws made by the state for implementing the directive
principles contained in clause b or c of Article 39 cannot be
challenged on the ground that they are violaive of Article 14.

Case law - Sanjeev coke mfg co. vs Bharat cooking coal ltd.

2. Article 359 (1) provides that where a proclamation of

emergency is in operation the president may by order, declare
that the right to move court for the enforcement of such rights
conformed by part (except article 20 and 21) shall remain
suspended.
3. Article lays down that the president and the governors are
exempted from any from any criminal proceedings during
tenure of their office.
4. Under international law, foreign sovereign and ambassadors
enjoy full immunity from any judicial process.

Conclusion

Article 14 to18 is the fundamental right which is says about the

equality of status, community and gender. This article is a give wings
to all citizens to make anything in any place, that's why Article 14 is a
important part in the constitution and it is also a first part of
fundamental rights. 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 Prohibition of discrimination on grounds
of religion, race, caste, sex or place of birth. This article save, The
Human Rights Act makes it illegal to discriminate on a wide range of
grounds including 'sex, race, colour, language, religion, political or
other opinion, national or social origin, association with a national
minority, property, birth or other status'.

Example case - R (L and others) v Manchester City Council and any

other case [2001]

Manchester City Council paid decrease allowances to foster carers

who had been own circle of relatives members, in comparison to
carers who taken care of kids who had been unrelated to them. Two
households with foster kids from their very own households alleged
that the fees had been so insufficient as to be in struggle with the
kids's welfare. They additionally argued that the fees had been
discriminatory; the council's failure to base calculations at the
households' economic desires confirmed that they'd now no longer
taken into consideration the ability chance to Article eight rights
(proper to recognize for personal and own circle of relatives life). The
courtroom docket held that Article eight obliged the neighborhood
authority to take 'all suitable superb steps' to permit kids to stay with
their households, except their welfare changed into at chance. The
price of foster allowance fell inside those superb obligations and must
now no longer be accomplished in a discriminatory manner. There
were a disproportionate distinction in remedy on grounds of 'own
circle of relatives status', which the council had did not justify. This
supposed that the coverage fell foul of Article eight and Article 14.