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1. Nature of the Indian Constitution

The Indian Constitution is the supreme law of India, establishing the framework of the country's
political system. It lays down the structure of the government, the rights of the citizens, and the
duties of the state.

(a) Federal Structure

India’s Constitution establishes a federal system with a strong central government. This system
reflects a combination of federal and unitary features, often described as quasi-federal.

● Division of Powers: The Constitution divides powers between the central government
and the state governments into three lists:

○ Union List (Central Government): Includes matters of national importance such

as defense, foreign affairs, and atomic energy.
○ State List (State Governments): Includes subjects like police, public health, and
local government.
○ Concurrent List: Both central and state governments can legislate on these
subjects, such as education and criminal law.
● Supremacy of the Constitution: The Constitution is supreme, meaning that both the
central and state laws must conform to it. In case of conflict between central and state
laws on a concurrent matter, the central law prevails.

● Single Citizenship: India follows a system of single citizenship, where all citizens are
citizens of India, unlike in other federal systems where dual citizenship (state and
national) exists.

● Strong Union: In case of a conflict between the center and states, the central
government has more authority. The President can declare President’s Rule in any
state, effectively allowing the center to take control of the state government.

(b) Form of the Government

India follows a Parliamentary System of government, based on the British model.

● Executive, Legislature, and Judiciary: The three organs of government are distinct but
interdependent. The executive (the Prime Minister and Council of Ministers) is directly
 responsible to the legislature (Lok Sabha). The judiciary is independent.

● Collective Responsibility: The Council of Ministers is collectively responsible to the Lok

Sabha (House of the People), meaning if the Lok Sabha passes a vote of no confidence,
the entire government must resign.

● Bicameral Legislature: The Parliament of India consists of two houses:

○ Lok Sabha (House of the People): Directly elected by the people of India.
○ Rajya Sabha (Council of States): Represents the states of India and is
indirectly elected.
● Head of the State: The President of India is the ceremonial head of state with limited
powers. The President’s powers are exercised by the Cabinet headed by the Prime
Minister.

2. Preamble of the Constitution

The Preamble of the Constitution serves as an introduction, outlining the guiding principles and
philosophy of the Indian Constitution. It reflects the intentions of the framers and the objectives
they sought to achieve.

● Text of the Preamble: "We, the people of India, having solemnly resolved to constitute
India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its
citizens: Justice, social, economic, and political; Liberty of thought, expression, belief,
faith, and worship; Equality of status and of opportunity; and to promote among them all
fraternity assuring the dignity of the individual and the unity and integrity of the Nation."

● Key Features:

○ Sovereign: India is independent and has the ultimate authority within its
boundaries.
○ Socialist: The Constitution aims to reduce inequalities in income, wealth, and
opportunity.
○ Secular: India does not have a state religion, and all religions are treated equally.
○ Democratic: India is a democracy where the people have the power to choose
their government.
○ Republic: India’s head of state (the President) is elected and not a hereditary
monarch.

3. Fundamental Rights
Fundamental Rights are the basic human rights guaranteed to all citizens by the Indian
Constitution. These rights are enforceable by courts and form the cornerstone of the Indian legal
system.

(a) General Scheme of Fundamental Rights

The Fundamental Rights are enshrined in Part III of the Constitution (Articles 12 to 35). They
provide civil liberties and protect individuals from state action that may violate their freedoms.
These include:

1. Right to Equality (Articles 14-18): This includes equality before the law, prohibition of
discrimination, and equality of opportunity in public employment.
2. Right to Freedom (Articles 19-22): These rights include freedom of speech,
expression, assembly, association, movement, residence, and profession.
3. Right against Exploitation (Articles 23-24): Prohibits forced labor, child labor, and
human trafficking.
4. Right to Freedom of Religion (Articles 25-28): Provides freedom of conscience and
the right to practice, propagate, and profess religion.
5. Cultural and Educational Rights (Articles 29-30): Protects the rights of minorities to
conserve their culture, language, and education.
6. Right to Constitutional Remedies (Article 32): Allows individuals to approach the
Supreme Court for the enforcement of Fundamental Rights.

Who Can Claim Fundamental Rights?

● Citizens: Primarily, Fundamental Rights are guaranteed to Indian citizens. However,

some rights are available to non-citizens, such as the right to life and personal liberty
(Article 21).
● Corporations: Fundamental Rights can be claimed by individuals and corporations,
though corporations have limited rights.

Against Whom Fundamental Rights Are Available?

● State: The Fundamental Rights are primarily available against the state as defined
under Article 12. This includes the central and state governments, local authorities, and
other bodies performing functions under the government.
● Private Individuals: Fundamental Rights do not apply to disputes between private
individuals or organizations unless their actions are backed by state law.

Suspension of Fundamental Rights

● Article 359: The President can suspend the enforcement of Fundamental Rights
during a state of emergency, except for the right to life and personal liberty (Article
21).
● Emergency Provisions: During an emergency (National, State, or Financial), certain
rights may be suspended, and the scope of judicial review may be limited.
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