Let's go through the answers for each section.

SKBU 2nd Semester Political Science Minor: Constitution of India

Part A: Very Short Answer Type Questions (2-3 Marks Each)
1.​ What is the significance of January 26, 1950, in the context of the Indian
Constitution?
○​ January 26, 1950, is significant because on this date, the entire Constitution of India
came into full force, establishing India as a Republic. This day is celebrated as
Republic Day.
2.​ Who was the Chairman of the Drafting Committee of the Indian Constitution?
○​ Dr. B.R. Ambedkar was the Chairman of the Drafting Committee of the Indian
Constitution.
3.​ Name any two countries from which the Indian Constitution has borrowed its
features.
○​ Any two from: Britain (Parliamentary government, Rule of Law), USA (Fundamental
Rights, Judicial Review), Ireland (Directive Principles of State Policy), Canada
(Federal system with strong Centre), Australia (Concurrent List).
4.​ Define 'Sovereignty' as stated in the Preamble of the Indian Constitution.
○​ 'Sovereignty' in the Preamble means that India is an independent and supreme
state, free from any external control or interference, and internally, it holds absolute
power over its people and territory.
5.​ Which Constitutional Amendment added the terms 'Socialist' and 'Secular' to the
Preamble?
○​ The 42nd Constitutional Amendment Act of 1976 added the terms 'Socialist' and
'Secular' to the Preamble.
6.​ Mention any two non-federal features of the Indian Constitution.
○​ Any two from: Strong Centre, Single Citizenship, Integrated Judiciary, Appointment
of State Governors by the Centre, Emergency Provisions, All-India Services.
7.​ What is the main objective of the Directive Principles of State Policy?
○​ The main objective of the Directive Principles of State Policy (DPSPs) is to guide
the State in establishing a welfare state by promoting social and economic justice
and ensuring a dignified life for all citizens.
8.​ Which Fundamental Right is considered the 'heart and soul' of the Constitution by
Dr. B.R. Ambedkar?
○​ The Right to Constitutional Remedies (Article 32) is considered the 'heart and soul'
of the Constitution by Dr. B.R. Ambedkar.
9.​ Name any two writs that can be issued by the Supreme Court to enforce
Fundamental Rights.
○​ Any two from: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
10.​What is the minimum age required to be eligible for election as the President of
India?
○​ The minimum age required to be eligible for election as the President of India is 35
years.
11.​Who is the ex-officio Chairman of the Rajya Sabha?
○​ The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
12.​What is meant by 'Collective Responsibility' of the Council of Ministers?
○​ 'Collective Responsibility' means that the Council of Ministers is collectively
responsible to the Lok Sabha. If a no-confidence motion is passed against any
minister or the government, the entire council has to resign, signifying that they
 swim or sink together.
13.​Under what conditions can the President promulgate an Ordinance?
○​ The President can promulgate an Ordinance (under Article 123) when both Houses
of Parliament are not in session and the President is satisfied that immediate action
is required.
14.​What is the primary function of Judicial Review?
○​ The primary function of Judicial Review is the power of the judiciary to examine the
constitutionality of legislative enactments and executive orders, ensuring they are in
conformity with the Constitution.
15.​What does Article 368 of the Indian Constitution deal with?
○​ Article 368 of the Indian Constitution deals with the power of Parliament to amend
the Constitution and the procedure for doing so.
16.​Name any two Fundamental Duties of an Indian citizen.
○​ Any two from: To abide by the Constitution and respect its ideals; To cherish and
follow noble ideals of freedom struggle; To uphold and protect sovereignty, unity,
and integrity of India; To defend the country; To promote harmony and brotherhood;
To protect natural environment; To develop scientific temper; To safeguard public
property; To strive for excellence; To provide education for child between 6-14
years.
17.​What is the composition of the electoral college for the election of the President of
India?
○​ The electoral college for the election of the President of India comprises the elected
members of both Houses of Parliament (Lok Sabha and Rajya Sabha) and the
elected members of the Legislative Assemblies of the States and the Union
Territories of Delhi and Puducherry.
18.​What is the tenure of a Lok Sabha member?
○​ The normal tenure of a Lok Sabha member is 5 years, unless the Lok Sabha is
dissolved earlier.
19.​Which part of the Constitution deals with Fundamental Duties?
○​ Part IVA of the Constitution deals with Fundamental Duties.
20.​Define a 'Welfare State' in the context of the Indian Constitution.
○​ A 'Welfare State' (as envisaged by the DPSPs) is a state that takes primary
responsibility for the social and economic well-being of its citizens, aiming to reduce
inequalities and provide a minimum standard of living and social security.
Part B: Short Answer Type Questions (5-8 Marks Each)
1.​ Discuss the salient features of the Indian Constitution.
○​ The Indian Constitution is unique due to its several salient features:
■​ Lengthiest Written Constitution: It is the most voluminous constitution in
the world, comprehensive due to India's diversity, single constitution for both
Union and states, and detailed provisions.
■​ Blend of Rigidity and Flexibility: It is neither purely rigid nor flexible. Some
parts require a special majority for amendment (rigidity, like Fundamental
Rights), while others can be amended by a simple majority (flexibility).
■​ Parliamentary Form of Government: Based on the British model, it
establishes a parliamentary system where the executive is responsible to the
legislature. The President is the nominal head, and the Prime Minister is the
real head.
■​ Federal System with Unitary Bias: It combines federal features (division of
 powers, independent judiciary, written constitution) with strong unitary
features (strong centre, single citizenship, integrated judiciary, emergency
provisions), making it "quasi-federal."
■​ Fundamental Rights: Part III guarantees basic rights to citizens, justiciable
in courts, protecting them from state excesses.
■​ Directive Principles of State Policy (DPSPs): Part IV provides
non-justiciable guidelines for the state to achieve socio-economic justice and
build a welfare state.
■​ Independent and Integrated Judiciary: A single system of courts with the
Supreme Court at the apex, ensures judicial independence through various
provisions.
■​ Secular State: The state treats all religions equally and has no official
religion (added by 42nd Amendment).
■​ Universal Adult Franchise: All citizens aged 18 and above have the right to
vote.
■​ Single Citizenship: Promotes national unity by providing one citizenship for
the entire country.
2.​ Explain the significance and components of the Preamble to the Indian
Constitution.
○​ The Preamble serves as an introduction to the Indian Constitution, embodying its
basic philosophy, ideals, and objectives. It is often called the 'identity card' or 'soul'
of the Constitution.
○​ Significance:
■​ It reflects the fundamental values and aspirations of the founding fathers,
acting as a guiding light for constitutional interpretation.
■​ It indicates the source of the Constitution's authority ("We, the People of
India").
■​ It lays down the nature of the Indian State (Sovereign, Socialist, Secular,
Democratic, Republic).
■​ It articulates the noble objectives to be achieved (Justice, Liberty, Equality,
Fraternity).
○​ Components (Key Words):
■​ We, the People of India: The ultimate source of all authority.
■​ Sovereign: India is an independent state, free from external control.
■​ Socialist: (Added by 42nd Amendment) Committed to social and economic
equality, aiming for a welfare state.
■​ Secular: (Added by 42nd Amendment) The state upholds no religion as its
own and treats all religions equally.
■​ Democratic: Government by the people, elected representatives.
■​ Republic: Head of the state (President) is elected, not hereditary.
■​ Justice: Social, Economic, and Political – aiming to eliminate all forms of
exploitation and inequality.
■​ Liberty: Freedom of thought, expression, belief, faith, and worship.
■​ Equality: Of status and opportunity for all citizens.
■​ Fraternity: Promoting brotherhood and unity, ensuring the dignity of
individuals and the nation's integrity.
3.​ Distinguish between Fundamental Rights and Directive Principles of State Policy.
○​ The key distinctions between Fundamental Rights (FRs) and Directive Principles of
 State Policy (DPSPs) are:
Feature Fundamental Rights (Part Directive Principles of State
III) Policy (Part IV)
Nature Negative obligations on the Positive obligations on the
state (restrict state action). state (direct state action).
Justiciability Justiciable; enforceable by Non-justiciable; cannot be
courts (can move SC/HC). enforced by courts.
Aim Establish political Establish social and
democracy in the country. economic democracy, aim
for a welfare state.
Origin Derived from the US Bill of Derived from the Irish
Rights. Constitution.
Relationship Superior to DPSPs Subordinate to FRs
historically, but now historically, but now
complementary. complementary.
Suspension Can be suspended during Cannot be suspended.
emergency (except Art 20
& 21).
Individual vs. Community Primarily protect individual Promote the welfare of the
liberties. community/society as a
whole.
○​ Though distinct, both are crucial for India's constitutional framework. The judiciary
has emphasized 'harmonious construction', recognizing that FRs and DPSPs are
complementary and aim at achieving a common goal of a just and equitable society.
4.​ Briefly explain any three Fundamental Rights enshrined in the Indian Constitution,
highlighting their importance.
○​ 1. Right to Equality (Articles 14-18):
■​ Explanation: Guarantees equality before the law (no person is above the
law) and equal protection of laws (equal treatment in similar circumstances).
It prohibits discrimination on grounds of religion, race, caste, sex, or place of
birth (Art 15), ensures equality of opportunity in public employment (Art 16),
abolishes untouchability (Art 17), and abolishes titles (Art 18).
■​ Importance: This right is foundational to a democratic society, ensuring
social justice and preventing arbitrary state action. It aims to create a level
playing field for all citizens, especially those historically disadvantaged.
○​ 2. Right to Freedom (Articles 19-22):
■​ Explanation: Article 19 guarantees six freedoms: speech and expression,
assembly, association, movement, residence, and profession. These
freedoms are not absolute and are subject to 'reasonable restrictions' for
public interest, security of the state, etc. Article 21 guarantees protection of
life and personal liberty, a very broad right interpreted by the judiciary to
include right to dignity, privacy, education, clean environment, etc.
■​ Importance: These freedoms are vital for individual growth, democratic
participation, and a vibrant civil society. They enable citizens to express
dissent, form opinions, and engage in economic activities, while Article 21
ensures basic human existence with dignity.
○​ 3. Right to Constitutional Remedies (Article 32):
 ■​ Explanation: This right empowers citizens to move the Supreme Court
directly for the enforcement of their Fundamental Rights. The SC can issue
various writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo
Warranto) to protect these rights.
■​ Importance: Dr. B.R. Ambedkar called it the "heart and soul of the
Constitution" because it makes all other Fundamental Rights real and
enforceable. Without this right, the Fundamental Rights would be mere
declarations, lacking effective means of protection. It is a fundamental
safeguard against state encroachment on individual liberties.
5.​ Examine the powers and functions of the Prime Minister of India.
○​ The Prime Minister (PM) is the real executive authority and the head of the
government in India's parliamentary system. Their powers and functions are
extensive:
■​ Head of the Council of Ministers: The PM selects and allocates portfolios
to ministers. They can reshuffle the cabinet, preside over cabinet meetings,
guide and control the activities of ministers, and secure their resignation or
advise the President to dismiss them. The PM's resignation leads to the
dissolution of the entire Council of Ministers.
■​ Link between President and Cabinet: The PM is the chief channel of
communication between the President and the Union Council of Ministers. All
decisions of the Council of Ministers relating to the administration of the
Union and proposals for legislation are communicated to the President
through the PM.
■​ Leader of Parliament: The PM is the leader of the majority party in the Lok
Sabha. They advise the President regarding summoning and proroguing the
sessions of Parliament and the dissolution of the Lok Sabha. They are also
the chief spokesperson of the government in Parliament.
■​ Leader of the Nation: The PM is the leader of the nation, especially during
general elections. They represent the country at various international forums
and play a crucial role in shaping foreign policy.
■​ Other Roles: The PM is the Chairman of the NITI Aayog (formerly Planning
Commission), National Development Council, National Integration Council,
Inter-State Council, and National Water Resources Council, among others.
○​ The PM's position is pivotal, making them the most powerful functionary in the
Indian political system, wielding significant influence over executive, legislative, and
even judicial appointments.
6.​ Discuss the composition and various jurisdictions of the Supreme Court of India.
○​ The Supreme Court of India is the apex judicial body, heading an integrated
judicial system.
○​ Composition: It consists of the Chief Justice of India (CJI) and a number of other
judges, as determined by Parliament (currently 33 other judges, making a total of
34 judges). Judges are appointed by the President.
○​ Jurisdictions and Powers:
■​ 1. Original Jurisdiction (Article 131): The power to hear certain cases for
the first time, exclusively. This includes disputes between:
■​ The Centre and one or more states.
■​ The Centre and any state(s) on one side and one or more states on the
other.
 ■​ Two or more states.
■​ 2. Writ Jurisdiction (Article 32): The power to issue writs (Habeas Corpus,
Mandamus, Prohibition, Certiorari, Quo Warranto) for the enforcement of
Fundamental Rights. Citizens can directly approach the SC for this purpose.
■​ 3. Appellate Jurisdiction (Articles 132-134, 136): The power to hear
appeals against judgments of High Courts. This covers:
■​ Constitutional Cases (Art 132): Appeals involving a substantial
question of law regarding the interpretation of the Constitution.
■​ Civil Cases (Art 133): Appeals in civil matters if the High Court
certifies a substantial question of law of general importance.
■​ Criminal Cases (Art 134): Appeals from criminal proceedings of High
Courts under specific conditions (e.g., death sentence reversal).
■​ Special Leave Petition (Art 136): Discretionary power to grant special
leave to appeal from any judgment or order passed by any court or
tribunal (except military tribunals).
■​ 4. Advisory Jurisdiction (Article 143): The President can seek the opinion
of the SC on two categories of matters:
■​ Any question of law or fact of public importance.
■​ Any dispute arising out of any pre-Constitution treaty, agreement, etc.
■​ 5. Court of Record (Article 129): The Supreme Court's proceedings and
decisions are preserved as records for perpetual memory and legal
precedent. It also has the power to punish for contempt of itself.
■​ 6. Judicial Review: (Discussed in detail in a separate long answer question,
but mention it here as a key power). The power to examine the
constitutionality of laws and executive orders.
7.​ How does the Indian Parliament ensure the accountability of the Executive?
○​ In India's parliamentary democracy, the executive (Council of Ministers headed by
the Prime Minister) is collectively responsible to the legislature (Lok Sabha).
Parliament employs several mechanisms to ensure the executive's accountability:
■​ 1. Question Hour: The first hour of every parliamentary sitting where
members ask questions to ministers on government policies and
administration. It allows ministers to be put on the spot and provides
information to the public.
■​ 2. Zero Hour: An informal device, not mentioned in rules of procedure, where
members can raise matters of urgent public importance immediately after
Question Hour, often without prior notice.
■​ 3. Motions:
■​ Adjournment Motion: Introduced in Lok Sabha to draw attention to a
definite matter of urgent public importance, requiring the support of 50
members. It involves an element of censure against the government.
■​ Censure Motion: Moved to express disapproval of the government's
policy or action. If passed, it forces the Council of Ministers to resign.
■​ No-Confidence Motion: Most powerful tool, moved against the entire
Council of Ministers in Lok Sabha. If passed by a simple majority, the
government must resign.
■​ 4. Debates and Discussions: Parliament provides forums for detailed
discussions on government policies, bills, and national issues, allowing
members to scrutinize and criticize government actions.
 ■​ 5. Budgetary Control: Parliament's approval is essential for all government
spending and taxation. Through budgetary debates, cut motions, and scrutiny
of demands for grants, Parliament controls the executive's financial powers.
■​ 6. Parliamentary Committees: Various committees (e.g., Public Accounts
Committee, Estimates Committee, Committee on Public Undertakings)
scrutinize government expenditure, policies, and working, often holding
ministers and officials accountable.
○​ These mechanisms ensure that the executive remains answerable to the elected
representatives of the people, promoting transparency and good governance.
8.​ Elaborate on the procedure for amending the Indian Constitution under Article 368.
○​ Article 368 in Part XX of the Indian Constitution empowers Parliament to amend the
Constitution and lays down the procedure for doing so. The procedure reflects a
blend of rigidity and flexibility, depending on the nature of the provision being
amended.
○​ There are three ways an amendment can be brought about:
■​ 1. Amendment by Simple Majority of Parliament (Outside Article 368):
■​ Certain provisions can be amended by a simple majority of the
members present and voting in each House, similar to ordinary
law-making.
■​ Examples: Formation of new states, alteration of areas, boundaries or
names of existing states; abolition or creation of Legislative Councils in
states; changes in the Fifth and Sixth Schedules (administration of
tribal areas).
■​ 2. Amendment by Special Majority of Parliament (Article 368):
■​ This is the most common method for amending the Constitution.
■​ Procedure:
■​ An amendment Bill must be passed by both Houses of
Parliament separately.
■​ It requires a special majority in each House:
■​ A majority of the total membership of that House, AND
■​ A majority of not less than two-thirds of the members of
that House present and voting.
■​ There is no provision for a joint sitting of the two Houses for the
purpose of passing an amendment Bill.
■​ After passing by both Houses, the Bill is presented to the
President for assent. The President must give assent (24th
Amendment Act, 1971).
■​ Provisions covered: Fundamental Rights, Directive Principles of State
Policy, and all other provisions not covered by the other two methods.
■​ 3. Amendment by Special Majority of Parliament and Ratification by
States (Article 368):
■​ This method is used for provisions that affect the federal structure of
the Constitution.
■​ Procedure:
■​ The Bill must first be passed by a special majority in both Houses
of Parliament (as in method 2).
■​ It then requires ratification by the Legislatures of not less than
one-half of the states by a simple majority.
 ■​ After ratification by the required number of states, the Bill is
presented to the President for assent.
■​ Provisions covered: Election of the President, extent of the executive
power of the Union and states, Supreme Court and High Courts,
distribution of legislative powers between Union and states, any of the
lists in the Seventh Schedule, representation of states in Parliament,
and the power of Parliament to amend the Constitution itself (Article
368).
○​ The Basic Structure Doctrine (discussed below) acts as a crucial limitation on
Parliament's amending power, ensuring that the fundamental features of the
Constitution cannot be destroyed.
Part C: Long Answer Type Questions (10-15 Marks Each)
1.​ "The Indian Constitution is federal in form but unitary in spirit." Critically analyze
this statement by discussing the federal and unitary features of the Indian
Constitution.
○​ Introduction: The nature of the Indian Constitution has been a subject of debate
among constitutional scholars. While it is formally federal, its operational aspects
and certain inherent features lean towards a unitary system. K.C. Wheare
described India as "quasi-federal," indicating a strong centralizing tendency. This
blend makes it "federal in form but unitary in spirit."
○​ Federal Features (Form):
■​ Dual Polity: India has two distinct sets of governments – the Union
government and state governments, each with its own jurisdiction.
■​ Written Constitution: The Constitution is a comprehensive written document
defining the powers and limitations of both the Centre and states.
■​ Division of Powers: The Seventh Schedule clearly divides legislative
powers into three lists: Union List (Centre), State List (States), and
Concurrent List (both).
■​ Supremacy of the Constitution: The Constitution is the supreme law of the
land, and both the Centre and states must operate within its framework.
■​ Independent Judiciary: The Supreme Court acts as the interpreter of the
Constitution and resolves disputes between the Centre and states, ensuring
constitutional supremacy.
■​ Rigid Constitution: Certain provisions, particularly those affecting the
federal structure, require a special majority and ratification by states for
amendment, ensuring stability.
■​ Bicameralism: The Union Parliament has two houses – Lok Sabha
(representing the people) and Rajya Sabha (representing the states),
providing a federal balance.
○​ Unitary Features (Spirit/Bias):
■​ Strong Centre: The Union List contains more important subjects, and the
Centre has residuary powers. Parliament can also legislate on State List
subjects under certain circumstances (e.g., national interest - Art 249, during
emergencies - Art 250, if two or more states agree - Art 252, to implement
international agreements - Art 253).
■​ Single Constitution: Unlike true federations (e.g., USA), states in India do
not have their own separate constitutions.
■​ Single Citizenship: All Indians possess single citizenship, fostering national
 unity over state loyalties.
■​ Integrated Judiciary: India has a unified judicial system with the Supreme
Court at the apex, controlling the High Courts and lower courts, unlike
independent state judiciaries in true federations.
■​ Appointment of Governors: State Governors are appointed by the
President and act as agents of the Centre, holding powers to reserve state
bills for President's consideration.
■​ All-India Services: Services like IAS and IPS are centrally recruited but
serve in states, controlled by the Union.
■​ Emergency Provisions: Under Articles 352, 356, and 360, the federal
structure can be converted into a unitary one, giving the Centre overriding
powers during emergencies.
■​ Financial Dependence of States: States are heavily dependent on the
Centre for financial grants and assistance, limiting their fiscal autonomy.
■​ Unequal Representation in Rajya Sabha: Representation in Rajya Sabha is
based on population, not equality of states, unlike the US Senate.
○​ Conclusion: While the Indian Constitution establishes a clear division of powers
and independent units of government, the strong centralizing tendencies, especially
during emergencies, and the pervasive influence of the Centre over states, lead
scholars to describe it as "quasi-federal" or "federal in form but unitary in spirit."
This unique balance was designed to address India's vast diversity while ensuring
national unity and integrity in the face of various challenges.
2.​ Discuss the concept of Judicial Review in the Indian context. How does it act as a
guardian of the Constitution and protector of Fundamental Rights?
○​ Introduction: Judicial Review is a fundamental power of the judiciary to examine
the constitutionality of legislative enactments and executive orders of both the
Central and State governments. If any law or order is found to violate the provisions
of the Constitution, the judiciary can declare it unconstitutional, null, and void.
Though not explicitly mentioned as 'judicial review' in the Constitution, its principles
are enshrined in various articles (e.g., Articles 13, 32, 131, 136, 226, 227).
○​ Concept of Judicial Review:
■​ It is the power to scrutinize whether a law or executive action conforms to the
letter and spirit of the Constitution.
■​ It ensures the supremacy of the Constitution by preventing arbitrary exercise
of power by the legislature and executive.
■​ It is a check and balance mechanism, preventing legislative or executive
overreach.
○​ Judicial Review as Guardian of the Constitution:
■​ Upholding Constitutional Supremacy: By striking down unconstitutional
laws, the judiciary ensures that the Constitution remains the supreme law and
no organ of the government can act beyond its prescribed powers.
■​ Maintaining Federal Balance: In a federal system, judicial review is crucial
for settling disputes between the Centre and states regarding the division of
powers, preventing one level of government from encroaching on the other's
domain.
■​ Ensuring Separation of Powers: It prevents legislative encroachment on
executive functions and vice-versa, upholding the doctrine of separation of
powers.
 ■​ Preventing Arbitrary Governance: It acts as a safeguard against despotic
or totalitarian rule by ensuring that all governmental actions are within the
bounds of constitutional legality.
○​ Judicial Review as Protector of Fundamental Rights:
■​ Enforcement of Rights: Article 32 (for SC) and Article 226 (for HC) explicitly
empower the courts to issue writs for the enforcement of Fundamental
Rights. This makes FRs legally enforceable and not mere declarations.
■​ Safeguard against Legislative Encroachment: If Parliament passes a law
that violates any Fundamental Right, the Supreme Court can declare it ultra
vires (beyond the powers) the Constitution, thus protecting the rights of
citizens. Landmark cases like Minerva Mills and Kesavananda Bharati
exemplify this protective role.
■​ Expansive Interpretation of Rights: Through judicial review, the courts
have often expanded the scope of Fundamental Rights, particularly Article 21
(Right to Life and Personal Liberty), to include new rights like the right to
privacy, right to clean environment, right to dignified life, etc., adapting the
Constitution to changing societal needs.
■​ Basic Structure Doctrine: The evolution of the Basic Structure Doctrine (in
Kesavananda Bharati case) is a testament to judicial review. It ensures that
even constitutional amendments cannot alter the fundamental features of the
Constitution, including many core Fundamental Rights, thereby acting as the
ultimate safeguard.
○​ Conclusion: Judicial Review is an indispensable feature of the Indian democratic
setup. It plays a dual role: not only does it act as the ultimate interpreter and
guardian of the Constitution, but it also stands as a strong bulwark for the protection
and enforcement of the Fundamental Rights of the citizens, ensuring justice, liberty,
and rule of law.
3.​ Analyze the Fundamental Rights provided in the Indian Constitution. Are they
absolute, or are they subject to reasonable restrictions? Explain with examples.
○​ Introduction: Fundamental Rights (FRs), enshrined in Part III (Articles 12-35) of
the Indian Constitution, are basic human rights guaranteed to all citizens. They
represent essential conditions for the all-round development of individuals and are
enforceable by the courts. They primarily act as limitations on the power of the
State.
○​ Analysis of Fundamental Rights:
■​ 1. Right to Equality (Art 14-18): Ensures equality before law, equal
protection of laws, and prohibits discrimination based on religion, race, caste,
sex, or place of birth. Includes equality of opportunity in public employment,
abolition of untouchability, and titles.
■​ 2. Right to Freedom (Art 19-22): Guarantees six essential freedoms
(speech & expression, assembly, association, movement, residence,
profession) under Art 19. Art 20 provides protection against arbitrary
conviction. Art 21 guarantees protection of life and personal liberty (broadly
interpreted to include right to dignity, privacy, etc.). Art 21A grants the Right to
Education. Art 22 provides protection against arbitrary arrest and detention.
■​ 3. Right Against Exploitation (Art 23-24): Prohibits human trafficking,
forced labor (Art 23), and child labor below 14 years in hazardous
occupations (Art 24).
 ■​ 4. Right to Freedom of Religion (Art 25-28): Guarantees freedom of
conscience, profession, practice, and propagation of religion. It also allows
managing religious affairs and protects against forced religious instruction in
state-funded institutions.
■​ 5. Cultural and Educational Rights (Art 29-30): Protects the language,
script, and culture of minorities and grants them the right to establish and
administer their educational institutions.
■​ 6. Right to Constitutional Remedies (Art 32): Empowers citizens to
approach the Supreme Court for the enforcement of their Fundamental
Rights through various writs.
○​ Are they Absolute? Subject to Reasonable Restrictions?
■​ No, Fundamental Rights in India are NOT absolute. They are qualified and
subject to 'reasonable restrictions' imposed by the State. The Constitution
itself provides for these restrictions to balance individual liberty with collective
social interests, public order, morality, security of the state, and the
sovereignty and integrity of India.
■​ Examples of Reasonable Restrictions:
■​ Right to Freedom of Speech and Expression (Art 19(1)(a)): This
right can be restricted in the interest of the sovereignty and integrity of
India, the security of the State, friendly relations with foreign states,
public order, decency or morality, contempt of court, defamation, or
incitement to an offence (Art 19(2)). For example, hate speech or
incitement to violence is not protected.
■​ Right to Assemble Peaceably and Without Arms (Art 19(1)(b)): This
right can be restricted in the interest of public order and the sovereignty
and integrity of India (Art 19(3)). Assemblies that pose a threat to public
peace can be dispersed.
■​ Right to Move Freely Throughout the Territory of India (Art
19(1)(d)): This right can be restricted in the interest of the general
public or for the protection of the interests of any Scheduled Tribe (Art
19(5)). For instance, restrictions might be placed on movement into
tribal areas to protect their distinct culture or to control epidemics.
■​ Right to Practice any Profession, or to carry on any Occupation,
Trade or Business (Art 19(1)(g)): The State can impose reasonable
restrictions for public interest, or prescribe professional or technical
qualifications necessary for practicing a profession (Art 19(6)). For
example, requiring a medical degree to practice medicine.
■​ Freedom of Religion (Art 25): This freedom is subject to public order,
morality, and health. The state can regulate secular activities
associated with religious practices. For example, animal sacrifice can
be regulated if it affects public health.
○​ Conclusion: The Indian Constitution adopts a balanced approach to Fundamental
Rights. While they are guaranteed and justiciable, they are not unfettered. The
concept of 'reasonable restrictions' allows the state to maintain social order, public
welfare, and national security, ensuring that individual liberties do not infringe upon
the rights of others or the stability of the state. The judiciary plays a crucial role in
determining the 'reasonableness' of these restrictions.
4.​ Explain the "Basic Structure Doctrine" as propounded by the Supreme Court of
India. What is its significance in maintaining the supremacy and integrity of the
Constitution?
○​ Introduction: The "Basic Structure Doctrine" is a landmark judicial innovation by
the Supreme Court of India that limits the Parliament's power to amend the
Constitution. It emerged from a series of cases, most notably the Kesavananda
Bharati v. State of Kerala case in 1973. It ensures that the core identity and
foundational principles of the Constitution remain intact.
○​ Origin and Evolution:
■​ Shankari Prasad Case (1951) & Golaknath Case (1967): Initially, the
Supreme Court held that Parliament's power to amend the Constitution
(Article 368) was absolute and could even amend Fundamental Rights. In
Golaknath, however, the SC reversed its stance, stating that Parliament could
not abridge or take away any Fundamental Right.
■​ 24th Constitutional Amendment Act, 1971: In response to Golaknath,
Parliament passed this amendment, explicitly stating that Parliament has the
power to amend any part of the Constitution, including FRs, and that such an
amendment would not be a 'law' under Article 13 (thus immune from judicial
review).
■​ Kesavananda Bharati v. State of Kerala Case (1973): This landmark
judgment (7:6 majority) reversed the Golaknath decision partly. The SC held
that Parliament's power to amend the Constitution under Article 368 is not
absolute. Parliament can amend any provision of the Constitution, but it
cannot alter or destroy its 'basic structure' or 'essential features.' The Court
did not explicitly define "basic structure" but provided a list of illustrative
elements.
○​ Elements of Basic Structure (Illustrative, not exhaustive): The judiciary has,
over time, identified several features as part of the basic structure, including:
■​ Supremacy of the Constitution
■​ Sovereign, Democratic, Republican nature of the Indian polity
■​ Secular character of the Constitution
■​ Federal character of the Constitution
■​ Separation of powers between the legislature, executive, and judiciary
■​ Unity and integrity of the nation
■​ Welfare state
■​ Judicial Review
■​ Freedom and dignity of the individual
■​ Parliamentary system
■​ Rule of law
■​ Harmony and balance between Fundamental Rights and Directive Principles
■​ Equality principle
■​ Free and fair elections
■​ Independence of Judiciary
○​ Significance in Maintaining Supremacy and Integrity:
■​ Safeguard against Arbitrary Amendments: The doctrine acts as a
formidable check on the arbitrary exercise of amending power by Parliament,
preventing it from fundamentally altering the Constitution's core values.
■​ Preserving Constitutional Identity: It ensures that the fundamental
principles upon which the Constitution was founded, and which give it its
 unique identity (e.g., democracy, secularism, federalism), are preserved for
future generations.
■​ Upholding Constitutional Supremacy: By placing limits on Parliament's
power, it reinforces the principle that the Constitution is supreme, not
Parliament.
■​ Protector of Fundamental Rights: Many Fundamental Rights are
considered part of the basic structure, ensuring that they cannot be
abrogated or diluted by amendments. This provides an ultimate safeguard for
individual liberties.
■​ Judicial Activism and Balance: It empowered the judiciary to play a more
active role in protecting the Constitution and has strengthened the system of
checks and balances. It ensures that the democratic and republican nature of
India, along with its core values, cannot be overturned even by a massive
parliamentary majority.
○​ Conclusion: The Basic Structure Doctrine is a unique contribution of the Indian
judiciary to constitutional jurisprudence. It is a dynamic concept, constantly evolving
through judicial interpretation, and serves as a crucial bulwark against constitutional
desecration, maintaining the supremacy and integrity of the Indian Constitution in
the face of changing political majorities.
5.​ Discuss the role and powers of the President of India. To what extent is the
President merely a 'nominal head' in the Indian parliamentary system?
○​ Introduction: The President of India is the Head of State and the first citizen of
India. While the Constitution vests extensive powers in the President, India adopted
a parliamentary system of government, where the real executive power lies with the
Prime Minister and the Council of Ministers. This distinction leads to the question of
whether the President is merely a 'nominal head'.
○​ Role and Powers of the President:
■​ 1. Executive Powers:
■​ All executive actions of the Union Government are formally taken in
their name.
■​ Appoints the Prime Minister and other ministers, Attorney General,
CAG, CEC, UPSC Chairman, Governors, Ambassadors, etc.
■​ Can make rules for more convenient transaction of government
business.
■​ 2. Legislative Powers:
■​ Summons and prorogues the Houses of Parliament, and can dissolve
the Lok Sabha.
■​ Addresses Parliament at the commencement of the first session after
each general election and the first session of each year.
■​ Nominates 12 members to Rajya Sabha and two Anglo-Indians to Lok
Sabha (now discontinued after 104th CAA).
■​ Gives assent to bills (ordinary, money, constitutional amendment bills)
without which they cannot become law. Possesses Veto powers
(absolute, suspensive, pocket).
■​ Can promulgate Ordinances (Art 123) when Parliament is not in
session, having the force of an Act of Parliament.
■​ 3. Financial Powers:
■​ Money Bills require prior recommendation.
 ■​ Causes the Union Budget to be laid before Parliament.
■​ Constitutes the Finance Commission.
■​ 4. Judicial Powers:
■​ Appoints Chief Justice and judges of Supreme Court and High Courts.
■​ Has pardoning power (pardon, reprieve, respite, remission,
commutation) for punishment relating to Union law, court-martial, or
death sentence.
■​ 5. Diplomatic Powers:
■​ Represents India in international forums.
■​ Sends and receives diplomats.
■​ All international treaties and agreements are negotiated and concluded
in the President's name.
■​ 6. Military Powers:
■​ Supreme Commander of the Defence Forces of India.
■​ Appoints chiefs of Army, Navy, and Air Force.
■​ 7. Emergency Powers:
■​ National Emergency (Art 352): Due to war, external aggression, or
armed rebellion.
■​ President's Rule (Art 356): Failure of constitutional machinery in a
state.
■​ Financial Emergency (Art 360): Threat to financial stability.
○​ President as a 'Nominal Head':
■​ Constitutional Provisions: Article 74(1) states that "There shall be a
Council of Ministers with the Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions, act in accordance with
such advice."
■​ 42nd and 44th Amendments: The 42nd Amendment (1976) made the
President bound by the advice of the Council of Ministers. The 44th
Amendment (1978) added that the President can ask the Council of Ministers
to reconsider such advice, but if the Council sends the same advice again,
the President must act in accordance with it. This firmly establishes the
President as a constitutional or nominal head.
■​ Parliamentary Convention: The Westminster model of parliamentary
democracy, adopted by India, inherently places real executive power with the
elected representatives in the cabinet, answerable to the legislature.
■​ Discretionary Powers (Limited): While largely bound by advice, the
President does have some limited discretionary powers, often exercised in
exceptional circumstances:
■​ Appointing the Prime Minister when no party has a clear majority in the
Lok Sabha.
■​ Dismissing the Council of Ministers when it has lost the confidence of
the Lok Sabha.
■​ Dissolving the Lok Sabha if the Council of Ministers has lost its majority
and no alternative government can be formed.
■​ Seeking information from the Prime Minister regarding governmental
affairs.
■​ Sending back advice for reconsideration.
○​ Conclusion: While the Indian Constitution grants the President vast powers on
paper, the functioning of India's parliamentary democracy, reinforced by
constitutional amendments and conventions, firmly establishes the President as a
constitutional or nominal head. The President acts primarily as a symbol of the
nation, a guardian of the Constitution, and a check on potential executive excesses,
but the real power and day-to-day administration rest with the Prime Minister and
the Council of Ministers. The President's role is more of an influential guide and a
final authority for constitutional validation rather than an active decision-maker in
routine governance.