1.
Nature of the Indian Constitution
The Indian Constitution is the supreme law of India, laying down the framework for the
organization, functioning, and powers of the government. The nature of the Indian Constitution
can be understood through its Federal Structure and Form of Government.
(a) Federal Structure
● Federal Nature: The Indian Constitution establishes a federal structure of government,
which divides powers between the Central Government (Union) and State
Governments. However, the Constitution of India is unique in that it is quasi-federal or
unitary in nature, meaning it also has certain unitary features.
○ Division of Powers: The powers are distributed under three lists:
■ Union List: Subjects on which only the Union Government can legislate.
■ State List: Subjects on which only the State Governments can legislate.
■ Concurrent List: Subjects on which both the Union and State
Governments can legislate, but in case of conflict, Union law prevails.
○ Residuary Powers: Any matter not mentioned in any of the lists falls under the
Residuary Powers of the Union Government (Article 248).
● Unitary Features: Despite the federal nature, the Indian Constitution has certain unitary
features to ensure the unity of the nation:
○ The Single Citizenship (Article 5-11).
○ The Union Parliament's Power to dissolve or dissolve the State Legislatures (in
certain conditions).
○ The Governor's Role: The Governor of a State, appointed by the President, acts
as the representative of the Union Government.
○ Emergency Provisions: The Union Government has greater powers during
National or State Emergencies (Article 352-360).
(b) Form of Government
● Parliamentary System: India follows a Parliamentary System of Government, which
is a bi-cameral legislature consisting of two houses:
○ Lok Sabha (House of the People): The directly elected lower house.
○ Rajya Sabha (Council of States): The indirectly elected upper house,
representing states and union territories.
● Executive:
○ The executive is headed by the President of India, who is the nominal
executive, while the Prime Minister is the real executive.
○ The Prime Minister is appointed by the President, and the Council of Ministers
assists in the administration.
● Legislature and Judiciary: The legislature (Parliament) makes laws, and the judiciary
(Supreme Court, High Courts) interprets and enforces these laws, ensuring that no law
violates the Constitution.
● Responsible Government: The Government is responsible to the Lok Sabha, meaning
the executive must maintain the confidence of the majority in the Lok Sabha to continue
functioning.
2. Preamble of the Constitution
The Preamble of the Indian Constitution is a brief introductory statement that sets forth the
guiding principles, values, and goals of the Constitution. It reflects the aspirations of the people
and serves as a guiding light for the interpretation of the Constitution.
Text of the Preamble:
The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic,
and it commits to securing justice, liberty, equality, and fraternity for all its citizens.
● Sovereign: India is free from external control; it has the ultimate authority over its
territory and affairs.
● Socialist: The government aims to reduce inequalities in wealth and provide welfare to
all citizens, though the term was added later (42nd Amendment, 1976).
● Secular: India does not have any state religion, and all religions are treated equally.
● Democratic: India is based on a system of representative democracy where the people
elect their representatives.
● Republic: The head of state (the President) is elected, and not a monarch.
● Justice: Social, economic, and political justice for all citizens.
● Liberty: Liberty of thought, expression, belief, faith, and worship.
● Equality: Equality of status and opportunity for all citizens.
● Fraternity: Promoting the dignity of the individual and the unity of the nation.
3. Fundamental Rights
Fundamental Rights are a set of rights guaranteed to all citizens of India under Part III of the
Indian Constitution. These rights are justiciable, meaning they are enforceable by the courts.
(a) General: Scheme of Fundamental Rights
The Fundamental Rights are outlined in Articles 12 to 35 of the Constitution, and they are
divided into six categories:
1. Right to Equality (Article 14-18):
○ Includes equality before the law, prohibition of discrimination, and equality of
opportunity in public employment.
○ Prohibits untouchability and titles of nobility.
2. Right to Freedom (Article 19-22):
○ Guarantees freedom of speech and expression, assembly, association,
movement, and residence.
○ Protects rights related to protection from arbitrary arrest and detention.
3. Right against Exploitation (Article 23-24):
○ Prohibits human trafficking, forced labor, and child labor.
4. Right to Freedom of Religion (Article 25-28):
○ Ensures the freedom to practice, profess, and propagate any religion.
○ Provides for religious equality and freedom of conscience.
5. Cultural and Educational Rights (Article 29-30):
○ Protects the rights of minorities to conserve their language, script, and culture.
○ Guarantees the right to establish and administer educational institutions.
6. Right to Constitutional Remedies (Article 32):
○ Provides the right to approach the Supreme Court to enforce any of the
Fundamental Rights.
○ This is the heart and soul of the Constitution, according to Dr. B.R. Ambedkar.
Who Can Claim Fundamental Rights?
● Citizens of India: Fundamental Rights are primarily available to Indian citizens.
However, certain rights (like the right to life and personal liberty) are available to all
persons, including non-citizens.
Against Whom Fundamental Rights Are Available?
● Fundamental Rights are available against the State (which includes the Union
Government, State Governments, local authorities, and other public authorities).
● They are not enforceable against private individuals unless their actions are deemed
to be state actions or there is a specific law that restricts such actions.
Suspension of Fundamental Rights
● Article 359 allows for the suspension of Fundamental Rights during a National
Emergency (Article 352). However, the right to life and personal liberty under Article 21
cannot be suspended, except under martial law or a proclamation of emergency in a
state.
○ During Emergency, the President may issue a proclamation suspending the
enforcement of rights except for those under Article 20 (protection in respect
of conviction for offenses) and Article 21 (protection of life and personal
liberty), which can be suspended only under martial law.
These topics outline the foundational principles of the Indian Constitution regarding its
structure, the guiding principles of governance, and the fundamental rights of citizens. Let me
know if you would like more detailed notes or further clarification!
