SESSION 1

Introduction
Question1: What is constitutional assembly? Who were the
members and what were their responsibilities? (5 marks)
Ans: A constituent assembly or constitutional assembly is a body
or assembly of popularly elected representatives which is assembled
for the purpose of drafting or adopting a constitution or similar
document.
Prominent members and their responsibilities:
(1) B.R. Ambedkar: Chairman of drafting committee, and first law
and justice minister of India.
(2) B.N. Rau: constitutional advisors
(3) Jawaharlal Nehru: First prime minister of India.
(4) Sardar Vallabhbhai Patel: First Deputy Prime minister and
Home minister.
(5) J.B .Kriplani: President of Indian national congress at the time
of independence.
(6) Maulana Abul Kalam Azad: Minister of education.
(7) Rajendra Prasad: President of constituent Assembly.
(8) C. Rajagopalachari: Governor-General of India
(9) Sarat Chandra Bose : Barrister and Indian independence
activist.
(10) Krishna sinha: First chief minister Bihar.
(11) Anugrah Narayan sinha: Deputy CM and Finance Minister
Bihar
(12) Asaf Ali: Minister for Railways and transport.
(13) Sarvepalli Radhakrishnan: First vice President of India.
(14) K.Kamaraj : 3rd Chief Minister of Tamil Nadu.
Task 1: Find out and write how many amendments, articles, parts,
and schedules currently our constitution consists of. (5 Marks)
Ans: Originally the constitution contained 395 articles divided in 22
parts and 8 scheduled. At present there are, 448 articles in 25
parts,12 schedules. The numbering still remains the same but as
and when the constitution is amended, new articles are added
below original articles with suffix A.B.C etc. For example, when
our constitution was amended for adjusting the right to Education,
a new Article 21A was inserted below Article 21.
Task 2: Paste preamble. Explain the key terms mentioned in it. (10
Marks)
Ans: Several key words have been used in the Preamble of the Indian Constitution:
(i) We, the people of India. The constitution has been drawn up and enacted by the
people through their representatives, and not handed down to them by a king or any
outside powers.

(ii) Sovereign. People have supreme right to make decisions on internal as well as
external matters. No external power can dictate the government of India.

(iii) Socialist. Wealth is generated socially and should be shared equally by

society. Government should regulate the ownership of land and industry to reduce
socio-economic inequalities.

(iv) Secular. Citizens have complete freedom to follow any religion. But there is no
official religion. Government treats all religious beliefs and practices with equal
respect.

(v) Democratic. A form of government where people enjoy equal political rights, elect
their rulers and hold them accountable.
(vi) Republic. The head of the state is an elected person and not a hereditary position.

(vii) Justice. Citizens cannot be discriminated on the grounds of caste, religion and
gender. Social inequalities have to be reduced.

(viii) Liberty. There are no unreasonable restrictions on the citizens in

what they think, how they wish to express their thoughts and the way they wish to
follow up their thoughts in action.

(ix) Equality. All are equal before the law. The government should ensure equal
opportunity to all.

(x) Fraternity. All of us should behave as if we are members of the same family. No
one should treat a fellow citizen as inferior.

Question 2: What is the difference between constitutional and

fundamental rights? (5 Marks)
Ans:
FUNDAMENTAL RIGHT CONSTITUTIONAL RIGHT

• The fundamental • All rights that have been conferred to the citizens
rights are basic and and enshrined in the Constitution of India but are
inalienable rights not under the domain of Part III of the
which are granted to Constitution are said to be Constitutional Rights.
each citizen of India • A constitutional right is a supreme right guaranteed
through Part III of by our Constitution. In case of any contradiction
the constitution, and with Constitutional Rights, that law will be
in some declared null and void.
rare/exceptional cases • These rights aren’t applicable to everyone unlike
to non-citizens too. Fundamental Right.
• These rights are A paramount example of such Right is the Right to Vote guaranteed
enshrined in Part III by Article 326.However, this Right is applicable only after achieving
of the Constitution of majority, i.e 18 years.
• Constitutional rights can be created and can be
India.
interpreted by law from case to case basis. These
rights can be duty, it can also be a restraint of some
 • There are 6 power which is well recognized and established by a
Fundamental Rights Sovereign State or a Union of States like India.
namely:- A prominent example is Right to property which is covered under
a) Right to Equality Article 300A of the Constitution of India and can be taken away from
b) Right to Freedom the citizens by the “authority of law”. This simply means that when
c) Right against Exploitation the legislators sign an act which takes away the right to property of
d) Right to Freedom of Religion a citizen, the act will be held legally valid. This was not possible
e) Cultural and Educational earlier because Right to Property was a Fundamental Right earlier.
Rights
f) Right to Constitutional
Remedies
• These fundamental
rights are applicable
to every citizen of
India irrespective of
their caste, creed,
gender, religion, sex
or place of birth.
• These rights, if
infringed are
enforceable and
justiciable in the High
Courts under Article
226 of the
Constitution of
India and in the
Supreme Court under
Article 32 of the
Constitution of India.
Article 32 is also a
fundamental right.
• The enforcement of
these rights can be
done via writs namely
– Habeas corpus,
Mandamus, Quo
Warranto, Certiorari,
and Prohibition.
These rights have
reasonable restrictions
and are not absolute
by nature. They are
enforceable only
against India and not
against the private
individuals, except for
Article 17 which by
itself abolishes
 untouchability.
Article 17 is
enforceable against
the private
individuals too.
• These laws are so
‘FUNDAMENTAL’
and so powerful that
even the Parliament
of India can’t take
these Rights away
from us.

Session 2
Equality and social justice- various kinds of freedoms-social control
Question 1: What are the various Acts pertaining various kind of
freedom?(10 Marks)
Ans: The six fundamental rights enshrined in the Constitution are
considered essential for the functioning of Indian democracy. The
right to freedom gives citizens basic freedom with respect to speech
and expression, form associations, freedom of personal liberty,
freedom to live a life of dignity, etc. It is important to understand
the scope of these provisions and any exceptions thereof.

RIGHT TO FREEDOM:
The right to freedom guarantees freedom for citizens to live a life of
dignity among other things. These are given in Articles 19, 20, 21A
and 22 of the Indian Constitution. We shall take up the articles one
by one in this section.
Below, we provide the associated articles of the Constitution under
the right to freedom.
ARTICLE 19:
Article 19 guarantees six freedoms. They are:

1. Freedom of speech and expression: The State guarantees

freedom of speech and expression to every person of India.
However, the State can impose restrictions on the freedom of
speech and expression in the interests of the integrity, security
and sovereignty of the country, friendly relations with foreign
nations, for public order, with respect to defamation,
incitement to offence or contempt of court. Read more about
the Freedom of Speech and Expression here.
2. Freedom to assemble: The State guarantees every person the
freedom to assemble peacefully without arms. However, as
above, reasonable restrictions can be imposed in the interests
of the sovereignty and integrity of the country and public
order.
3. Freedom to form associations/unions/cooperative
societies: Again, the State can impose restrictions in the
interests of the integrity, security and sovereignty of the
country, friendly relations with foreign nations, for public
order, with respect to defamation, incitement to offence or
contempt of court. This freedom gives workers the
right to form trade union, which is thus a
fundamental right.
1. The Police Forces (Restriction of Rights) Act,
1966 prohibits police personnel from forming
trade unions.
2. The Constitution also allows the Parliament
to pass a law restricting the right to form
political association to members of the
armed forces, intelligence bureaus, persons
employed with telecommunication system.
4. Freedom to move freely: A citizen of India can
move freely throughout the territory of India.
 But this right can also be restricted on the grounds of security,
public order or for protecting the interests of the Scheduled
Tribes.
5. Freedom of residence: Citizens of India have the right to reside
in any part of the country. Although restrictions can be
imposed on the grounds of security, public order or for
protecting the interests of the Scheduled Tribes.
6. Freedom of profession: All citizens have the right to carry on
any trade or profession/occupation, provided the trade or
occupation is not illegal or immoral. Also, the law does not
prevent the State from making laws related to technical or
professional qualifications required for practicing the
occupation or trade.

ARTICLE 20:
Article 20 deals with the protection of citizens in respect of
conviction for offences. This provides for three types of protection of
the individual against the State.

1. Retrospective criminal legislation: This is also known as ex-post

facto criminal legislation. Under this, a person cannot be
convicted for an act that was committed at a time when the act
had not been declared by law as an offence.
1. This means that criminal legislation cannot be given a
retrospective effect.
2. This immunity cannot be used against the provision of
preventive detention, and also does not cover the trial.
3. The law also provides that a person cannot be subject to
a punishment greater than what is prescribed by law for
the offence committed.
2. Double jeopardy: This indicates that a person cannot be
convicted for the same offence more than once.
3. Prohibition against self-incrimination: This implies that no
person accused of an offence shall be compelled by the State to
bear witness against himself.
ARTICLE 21:
Article 21 states that no person shall be deprived of his life and
personal liberty by the State except as per the procedure established
by law. This article has a wide scope and its interpretation has
undergone many changes over the decades.

• The Supreme Court has interpreted the right to life as the right
to a dignified life.
• This is the most important right in one sense, because, without
this right to life, all other fundamental rights would be
meaningless.
• It is this article that differentiates between a police state and a
constitutional state.

ARTICLE 21 A:
This article was introduced by the 86th Constitutional Amendment
in 2002. It provides that the State shall provide free and compulsory
education to all children between the ages of 6 and 14.

ARTICLE 22:
Article 22 deals with the protection against arrest and detention in
certain cases.

• This article is applicable to both citizens and non-citizens.

• This provision extends certain procedural safeguards for
individuals in case of an arrest.
• It comes into the picture after a person has been arrested. It is
not a fundamental right against detention and arrest.
• The idea behind this right is to prevent arbitrary arrests and
detention.
• The article provides the following safeguards:
 o Article 22(1) – Any person who is in custody has to be
informed as to why he has been arrested. Further, he
cannot be denied the right to consult an advocate.
o Article 22(2) – The arrested individual should be
produced before a judicial magistrate within 24 hours of
his arrest.
o Article 22(3) – No individual who has been arrested can
be kept in custody for more than the period determined
by the judicial magistrate.
• These safeguards are, however, not applicable to
o Enemy aliens

Task 1: Write a short note 0n “Human rights Violation” in your own

words. Copy and paste related newspaper article. (5 Marks)

Ans: A human rights violation is the disallowance of the freedom of

thought and movement to which all humans legally have a right.
While individuals can violate these rights, the leadership or
government of civilization most often belittles marginalized persons.

Human rights violation have become very common now-a-days. The

Newspapers and T.V. tell us that every day and at every moment,
somewhat in the world, Human Rights are being violated. Broadly
speaking “Human Right” means the right to life, liberty, equality,
and the dignity of an individual irrespective of caste, creed or sex.
These human rights are natural rights, required to be protected for
peaceful existence of a provisions, the violation of these rights is very
frequently taking place. The protection and preservation of Human
Rights is a great challenge to every country in the world. Cases of
violence, murder, torture, rape, child abuse, death due to starvation,
death due to dowry, sexual harassment, custodial death have
become rampant in the society.

Session 3
Fundamental Rights fundamental Duties, constitutional
amendments secularism

Question 1: What do you mean by secularism and how successful

Indian polity have been in maintain communal harmony in the
state?

Ans: The term “Secular” means being "separate" from religion, or

having no religious basis. A secular person is one who does not owe
his moral values to any religion. ... Secularism means separation of
religion from political, economic, social and cultural aspects of life,
religion being treated as a purely personal matter.

To start with explain that Indian polity is a system that is spreading

knowledge among people about equal rights for everyone in the
country. Communal harmony is maintained by the secular way
that means treating all religions in same way and it allows no
intervention by the government in religious principles.

Question 2: What are the power functions of supreme court of India?

(5 Marks)

Ans: Power functions of supreme court of India are:

• It takes up appeals against the verdicts of the High Courts, other courts and
tribunals.
• It settles disputes between various government authorities, between state
governments, and between the centre and any state government.

a)The SC gives the final verdict against an appeal from the other
subsidiary courts i.e., High courts.

b) It acts as an institution where issues from the different

governmental bodies, central government, and the state
government matters are resolved.
 c) As per Article 141 of the Constitution, laws passed by the SC,
apply to all courts within the Indian Territory.

d) In some matters, the Supreme Court also acts on its own and can
pass suo moto.

Session 4
The levels of government in Indian Federation

Question 1: How do you think the fedral system of government is

essential/beneficial for the smooth governance? (5 Marks)

Ans: 1. Division of Powers: In a federal government the powers of

administration are divided between the centre and the units. The
powers may be distributed in two different ways. Either the
constitution states what powers the federal authority shall have, and
leaves the remainder to the federating units, or it states what powers
the federating units shall possess and leaves the remainder to the
federal authority. The remainder is generally known as residuary
powers. The first method was employed in America and the second
in Canada. The federal government in U.S.A., for example, is weak
in relation to the states whereas the federal government in Canada
is more powerful. In a federation both the federal and state
governments are independent and autonomous in the spheres of
their powers. 'One is not subordinate to the other. Both derive their
powers from the constitution which is the supreme law of the land.
The powers enjoyed by the units are, therefore, original and not
delegated by the centre.

2. Separate Government: In a federal form of government both the

centre and the units have their separate set of governmental
apparatus. America is a federation of states. States have therefore
separate legislatures and Separate executives.

3. Written Constitution: A federal government must have a written

constitution. As a federation is a political partnership of various
states and consequently there must be a written agreement in the
form of a written constitution.

4. Rigid Constitution: The constitution of a federation should be

more or less rigid. It is regarded as a sacred agreement, the spirit of
which should not be easily violated. A flexible constitution allows a
scope to the central government to curtail the autonomy of the
federating states.

5. Special Judiciary: In a federation, there are possibilities of

constitutional disputes arising between the federal centre and the
units or between one unit and another. All these disputes are to be
adjudicated in the light of the constitution. For this purpose a
special judiciary with wide powers must be established. It should act
as the custodian and guardian of the constitution. It should be
vested with powers of declaring any law, national or local, ultra vires
if it is at variance with the articles of the constitution. The
constitution is thus the supreme law in a federation to which both
the centric and the state must adhere to.

6. A Better Understanding of Local Issues and Demands – The

central government has no true way to understand what issues,
demands and changes need to be made in every area of the country.
This is why federalism is such a great advantage. The smaller
branches of the local governments are right in the middle of the local
society. They are better suited to deal with the true things that need
to be changed.
 Session 5

Center-state relationship: Legislative, Administrative and Financial

Individual task 1: Read and collect more factual details on the

Legislative, Administrative and Financial relations between Center
and State. (10 marks)

Ans: Centre-State legislative relations

The Constitution of India establishes a dual constitutional
authority with a simple separation of powers, each of which is
sovereign within its domain. The Indian federation is not the
result, and Indian units cannot leave the union, as a consequence of
an arrangement between independent units. There are also
extensive provisions in the constitution to govern the various
dimensions of relations between the centre and the states. Central-
state relations are separated by the following:

1. The Legislative relations;

2. The Administrative relations;
3. Financial relations.
But under this article, we will cover the relationship between
legislature and centre-state.

The legislative ties between the centre and state are governed
by Articles 245 to 255 of Part XI of the Constitution. It sets out a
double division between the Union and the states with legislative
powers i.e, in territorial recognition and relation to the subject.

• Territory jurisdiction:
Concerning the territory, Article 245(1) requires a State Legislature
to make law for the entire or any part of the State to which it
belongs, subject to the dispositions of this constitution. Unless the
boundaries of the state itself are broadened by an act of the
Parliament, a State legislature can not broaden territorial
jurisdiction in any circumstance. On the other hand, Parliament
has the right to legislate “on all or part of India’s territory, which
does not only include the States but also Indian Union territory.”
It also has the strength of extra-territorial laws that no state
legislature has. This means that the laws made by Parliament
would apply not only to individuals and territory but also to
Indian subjects living anywhere in the world. However, there are
other limitations on Parliament’s territorial competence. However,
certain unique clauses of the constitution are subject to the plenary
territorial competence of Parliament. These are the following:

1. The President can make regulations that are equivalent to

the laws of Parliament, some territories of the Union, such
as the Andaman and Lakshadweep Region, and these
regulations may revoke or amend a law adopted by
Parliament on the said territories (Article 240).
2. Notifications can be issued by the governor (Para 5 of
Schedule 5(3) of the Indian Constitution) that prevent or
change the application of the Acts of Parliament to any
programmed area of government.
3. Para 12(1)(6) of schedule VI says that, by public
notification, the Governor of Assam may, subject to such
exceptions or adjustments as may be stated in the
notification, direct that any other act of Parliament shall
not apply to the autonomous region or district of the state
of Assam or apply to that region or section.
In the case of A.H. Wadia v. CIT, the court held that if there is an
appropriate relation or link between the State and the object, i.e.
subject matter of legislation, the State legislature cannot make
extraterritorial law (objects can not be located physically within
territorial limits of the State). In the case of Wallace Bros, v. CIT, a
licensed business in England was a partner in an Indian venture.
Indian revenue tax authorities were aiming to tax the company’s
entire income. The Court affirmed that the derivation for a year of
the substantial part of its revenue from British India has given a
corporation sufficiently territorial relation to justify that it is
regarded domestically in India for all purposes of income taxation.

Hence, the above particular requirements have been adopted since

the areas mentioned in the question are outdated and may cause
difficulties or other injurious effects if they are implemented
indiscriminately.

• Subject matter:
A federal structure demands that the centre and States share their
forces. The nature of the distribution is different in every region,
depending on the local and political context. For instance, in
America, sovereign states did not like the absolute central
government subordination. Therefore, although maintaining the
remainder, they believed in confiding subjects of popular interest
to the central government. Australia was pursuing just one set of
forces in the United States. There are double listings in Canada,
leaving the residue in the centre by the federal and provincial
governments. The Canadians were mindful of the tragic
circumstances that resulted in the Civil War of 1891 in the United
States of America. We knew the vulnerabilities of the centre. And
it was a good core that they wanted. The Canadian regime chose a
strong centre as a result of the Indian Constitution-Makers.
However, they have added one more list-a a concurrent list.