1.
Importance of Constitutionalism
Introduction
Constitutionalism is the philosophy of governance that ensures the limitation of governmental
powers through a legal framework. It signifies that the government is bound by fundamental laws
and cannot act arbitrarily.
Example: The Indian Constitution limits state power through Fundamental Rights, separation of
powers, and judicial review.
Significance of Constitutionalism
1. Limits Governmental Power
Prevents dictatorship and authoritarian rule.
Example: The judiciary can strike down unconstitutional laws (Kesavananda Bharati Case,
1973).
2. Protects Fundamental Rights
Ensures citizens' rights such as freedom of speech, equality, and liberty.
Example: In Maneka Gandhi v. Union of India (1978), the Supreme Court expanded the
scope of Article 21 (Right to Life).
3. Ensures Rule of Law
No one, including government officials, is above the law.
Example: In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down
unconstitutional election laws.
4. Maintains Democratic Values
Constitutionalism prevents the concentration of power in one body.
Example: Checks and balances between the legislature, executive, and judiciary.
5. Provides Judicial Review
The courts can declare laws unconstitutional if they violate fundamental principles.
Case Law: In Minerva Mills v. Union of India (1980), the Supreme Court ruled that
Parliament cannot destroy the basic structure of the Constitution.
Conclusion
Constitutionalism ensures a government of laws, not of men. It upholds democracy, individual
rights, and separation of powers, making it a fundamental aspect of a just and fair society.
2. Salient Features of the Indian Constitution
The Indian Constitution is a blend of rigidity and flexibility, federalism and unitary principles, and
parliamentary democracy.
Key Features of the Indian Constitution
1. Lengthiest Constitution in the World
It originally had 395 Articles, 22 Parts, and 8 Schedules (now 470 Articles, 25 Parts, and 12
Schedules).
Example: It covers citizenship, rights, governance, emergency provisions, and amendment
procedures.
2. Parliamentary Form of Government
The President is the nominal head, while the Prime Minister and the Council of Ministers
exercise real power.
Example: Article 75 states that the PM is collectively responsible to the Lok Sabha.
3. Federal System with Unitary Features
Power is divided between the Centre and States under Schedule 7 (Union, State, and
Concurrent Lists).
However, in an Emergency (Article 352, 356, 360), India functions as a unitary state.
4. Fundamental Rights (Articles 12-35)
Guarantees individual freedoms and protection from state actions.
Example: Article 21 (Right to Life and Liberty) was expanded in Maneka Gandhi v. Union
of India (1978).
5. Directive Principles of State Policy (DPSP) (Articles 36-51)
Guiding principles for governance to ensure social and economic justice.
Example: Article 39(b) & (c) focus on reducing income inequalities.
6. Independent and Integrated Judiciary
The Supreme Court (Article 124) ensures the protection of Fundamental Rights and judicial
review.
7. Secularism
India has no state religion (Article 25-28 ensures freedom of religion).
Example: S.R. Bommai v. Union of India (1994) upheld secularism as a basic structure.
8. Single Citizenship
Unlike the USA, Indian citizens have single citizenship, ensuring national unity.
9. Universal Adult Suffrage
Every citizen above 18 years can vote (Article 326).
10. Amendment Procedure (Article 368)
Provides flexibility to amend the Constitution as per changing needs.
Example: The 42nd Amendment (1976) added Fundamental Duties and the words "Socialist,
Secular, and Integrity" in the Preamble.
Conclusion
The Indian Constitution is a living document, balancing flexibility with stability, ensuring
democracy, equality, and justice.
3. The Preamble to the Indian Constitution
Introduction
The Preamble is the introduction and philosophy of the Indian Constitution. It declares India as a
Sovereign, Socialist, Secular, and Democratic Republic.
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:"
1. Justice – Social, Economic, and Political
2. Liberty – Thought, Expression, Belief, Faith, and Worship
3. Equality – Status and Opportunity
4. Fraternity – Assuring dignity of the individual and unity of the nation
Features of the Preamble
1. Not legally enforceable (Berubari Union Case, 1960).
2. Can be amended (Kesavananda Bharati Case, 1973) – 42nd Amendment (1976) added
"Socialist, Secular, Integrity."
3. Represents the basic structure of the Constitution.
Conclusion
The Preamble reflects the spirit of the Constitution, guiding India’s legal and political system.
4. Concept of "State" Under Article 12
Introduction
Article 12 of the Indian Constitution defines the term "State" for the purposes of enforcing
Fundamental Rights (Part III). It ensures that all government actions are subject to judicial scrutiny.
Definition of "State" (Article 12)
The term "State" includes:
1. Government of India and Parliament.
2. State Governments and Legislatures.
3. Local Authorities (Municipalities, Panchayats).
4. Other Authorities (Statutory Bodies, PSUs, and Government-Controlled Institutions).
Example: A government college must follow Article 14 (Right to Equality), but a private college is
not bound by Article 12.
Judicial Interpretation of "State"
(a) University of Madras v. Shanta Bai (1954)
The Supreme Court restricted the definition of "State" to governmental and statutory bodies.
(b) Rajasthan SEB v. Mohan Lal (1967)
State electricity boards are "State" under Article 12 as they perform public functions.
(c) Ajay Hasia v. Khalid Mujib (1981) – Test for "State"
If a body is functionally, financially, or administratively controlled by the government, it is a
State under Article 12.
Conclusion
The definition of State under Article 12 ensures that government bodies uphold Fundamental
Rights. The judiciary has expanded its scope to ensure public accountability and justice.
