Q1.

According to the Constitution of India, the following are the rules for appointment of the Supreme court
Judge.
Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand and seal
after consultation with such of the Judges of the Supreme Court and of the High Court in the States as
President may deem necessary for the purpose and shall hold office until he attains the age of 65 years.
Supreme Court held that the consultation with Chief Justice is not binding on the President. But the Court
held that consultation should be effective
Composition and Strength of the Supreme Court:
Originally, the Supreme Court had eight judges (one chief justice and seven others).
The Parliament has increased the number of judges over time.
The current strength of the Supreme Court is 34 judges (one chief justice and 33 others).
Qualifications for Appointment as a Judge:
 According to Article 124(3) of the Constitution, a person can be appointed as a judge of the Supreme
Court if he or she:
 A person must be a citizen of India.
 Must have served as a judge of a High Court for at least five years or two such courts in succession.
 Alternatively, must have been an advocate of a High Court for at least ten years or two or more such
courts in succession.
 Must be a distinguished jurist in the opinion of the president.
Appointment:
 The Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the
Constitution.
 The President consults with judges of the Supreme Court and High Courts to make informed
appointments.
Oath of Office:

 Every appointed judge must make and subscribe to an oath before the President or an appointed
person.
 The oath includes commitments to uphold the Constitution, sovereignty and integrity of India,
and perform duties without fear or favor.
Tenure and Resignation:

 There is no prescribed minimum age limit for a judge's appointment.

 A judge of the Supreme Court serves until they reach the age of 65 years.
 However, a judge may resign before reaching the age of 65 years by tendering their resignation to the
President.
Salaries and Allowances:

 Salaries, allowances, privileges, leave, and pension of Supreme Court judges are determined
by Parliament.
 The Salaries, Pension, and Allowances of the Supreme Court Judges are charged upon
the Consolidated Fund of India.
Post-retirement Restrictions:
After retirement, a judge of the Supreme Court is prohibited from practicing law in any court in India or
pleading before any government authority.
Removal:

 A judge of the Supreme Court can only be removed from office by an order of the President.
  The removal process requires an address by each House of Parliament, supported by a special
majority i.e., a majority of the total membership of that House and a majority of not less than two-
thirds of the members present and voting.
 The grounds for removal are proven misbehaviour or incapacity.
Collegium System for Judicial Appointments:

 Judges of the higher judiciary are appointed through the collegium system.
 The collegium, consisting of the Chief Justice of India and the four senior-most judges of
the Supreme Court, decides on appointments, elevations, and transfers of Judges.
 The term "collegium" is not mentioned in the Indian Constitution but has been established through
judicial pronouncements.
How Did Collegium Evolve?

 First Judges Case (1981):

It declared that the “primacy” of the CJI’s (Chief Justice of India) recommendation on judicial appointments
and transfers can be refused for “cogent reasons.”
The ruling gave the Executive primacy over the Judiciary in judicial appointments for the next 12 years.

 Second Judges Case (1993):

SC introduced the Collegium system, holding that “consultation” really meant “concurrence”.
It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with
the two senior-most judges in the SC.

 Third Judges Case (1998):

SC on the President's reference (Article 143) expanded the Collegium to a five-member body, comprising the
CJI and four of his senior-most colleagues.

 Fourth Judges Case (2015):

The 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of
2014 has replaced the collegium system of appointing judges to the Supreme Court and High Courts with a
new body called the National Judicial Appointments Commission (NJAC).
However, in 2015, the Supreme Court declared both the 99th Constitutional Amendment as well as the NJAC
Act as unconstitutional and void in the fourth judge case. Consequently, the earlier collegium system became
operative again.

Q2.
Writ Jurisdiction of High Courts and Supreme Court in India
The writ jurisdiction of the High Courts and the Supreme Court is a vital mechanism to ensure the protection
of fundamental rights and enforcement of legal obligations. The provisions for writ jurisdiction are detailed in
Articles 32 and 226 of the Indian Constitution.

Definition of Writs
 A writ is a formal legal order issued by a court directing an individual, authority, or government to act
or refrain from acting in a particular way.
 It is an instrument to safeguard constitutional rights and ensure justice.

Supreme Court’s Writ Jurisdiction

Article 32
 Purpose: Directly enforces Fundamental Rights under Part III of the Constitution.
 Who Can File?: Any individual whose fundamental rights have been violated.
 Scope:
o Jurisdiction is limited to fundamental rights violations.
o Article 32 itself is a fundamental right and termed the "heart and soul" of the Constitution (as
described by Dr. B.R. Ambedkar).
 Writs Issued by the Supreme Court:
o Habeas Corpus: To release a person unlawfully detained.
o Mandamus: Directs a public authority to perform its duty.
o Prohibition: Prevents a lower court or tribunal from exceeding its jurisdiction.
o Certiorari: Transfers a case from a lower court or quashes an invalid order.
o Quo Warranto: Challenges the legality of a person holding a public office.
Binding Nature
 Supreme Court’s writs are enforceable across India.

High Court’s Writ Jurisdiction

Article 226
 Purpose: Enables High Courts to issue writs for the enforcement of:
o Fundamental Rights.
o Other Legal Rights (broader than Article 32).
 Scope:
o Not limited to fundamental rights; includes violations of statutory rights and public duties.
o Offers remedies even in cases where fundamental rights are not directly infringed.
 Writs Issued by High Courts: Same five types as under Article 32.
Territorial Jurisdiction
 High Courts can issue writs within their territorial boundaries or in cases where the cause of action
arises within their jurisdiction.

Comparison Between Articles 32 and 226

Aspect Supreme Court (Art. 32) High Court (Art. 226)

Purpose Enforcement of Fundamental Rights Enforcement of Fundamental & Legal Rights

Scope Limited to Fundamental Rights Broader; includes statutory/public duties

Territorial Jurisdiction Nationwide Limited to respective state(s)

Nature Fundamental right itself Constitutional provision

Key Legal Principles and Cases
1. Kesavananda Bharati Case (1973):
o Affirmed the importance of writ jurisdiction as a part of the basic structure of the
Constitution.
2. Maneka Gandhi v. Union of India (1978):
o Highlighted the judiciary's proactive role in protecting fundamental rights.
3. Chandrakumar Case (1997):
o High Courts and the Supreme Court’s writ jurisdiction cannot be excluded by creating
tribunals.

Significance of Writ Jurisdiction

1. Protection of Rights: Acts as a guardian for individual and collective rights.
2. Judicial Review: Ensures the executive and legislature function within constitutional limits.
3. Accessible Remedy: Provides individuals direct access to higher courts for relief.

Conclusion
The writ jurisdiction under Articles 32 and 226 is a cornerstone of India’s constitutional framework. While
the Supreme Court acts as the ultimate protector of fundamental rights, High Courts provide broader relief for
various legal violations. Together, they uphold the rule of law and safeguard justice.

Q3.
Article 14: Permits Classification but Prohibits Class Legislation
Article 14 of the Indian Constitution guarantees the Right to Equality, ensuring that "the State shall not
deny to any person equality before the law or the equal protection of the laws within the territory of India."

Key Principles of Article 14

1. Equality Before the Law:
o A negative concept derived from British law.
o Means no person is above the law, and all individuals are treated equally in similar
circumstances.
2. Equal Protection of the Laws:
o A positive concept derived from American law.
o Ensures individuals in similar situations are treated equally under the law.

Classification vs. Class Legislation

1. Permissible Classification:
 Article 14 allows reasonable classification of individuals, groups, or things for achieving specific
legal objectives.
 Classification is valid if it satisfies the following tests (known as the "Twin Test of Classification"):
 1. Intelligible Differentia:
 The classification must distinguish between individuals, groups, or objects based on
identifiable and rational differences.
2. Rational Nexus:
 There must be a direct and reasonable connection between the classification and the
objective it seeks to achieve.
 Example:
o Reservation policies for socially and educationally backward classes, based on intelligible
criteria like caste or economic status.
2. Prohibition of Class Legislation:
 Class legislation refers to laws that favor or discriminate against a specific group arbitrarily without
any rational basis.
 Article 14 prohibits such laws as they violate the principle of equality.
 Example:
o A law granting tax exemptions exclusively to a particular community without a reasonable
basis would be invalid.

Judicial Interpretations
1. State of West Bengal v. Anwar Ali Sarkar (1952):
o Struck down a law for lack of intelligible differentia, as it arbitrarily gave special treatment to
certain criminal cases.
2. E.P. Royappa v. State of Tamil Nadu (1974):
o Equality is a dynamic concept; any state action that is arbitrary or unreasonable violates
Article 14.
3. Maneka Gandhi v. Union of India (1978):
o Article 14 strikes down arbitrariness in law-making and executive actions.
4. Indra Sawhney v. Union of India (1992):
o Affirmed reservation for backward classes as permissible classification under Article 14.

Application of Reasonable Classification

1. Affirmative Action:
o Special provisions for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward
Classes (OBCs) under Articles 15 and 16 are valid classifications under Article 14.
2. Tax Laws:
o Differential tax treatment is permissible if it is based on rational criteria, such as income
levels.
3. Age-Based Laws:
o Laws restricting voting to individuals above 18 or providing pension benefits to senior
citizens.
Significance of Article 14
1. Rule of Law:
o Ensures no individual or group is above the law.
2. Social Justice:
o Supports measures for reducing inequality and promoting fairness.
3. Judicial Review:
o Empowers courts to strike down arbitrary or discriminatory laws and actions.

Conclusion
Article 14 upholds the fundamental principle of equality, balancing the need for reasonable classification with
the prohibition of arbitrary class legislation. It ensures fairness in law-making and governance, promoting
justice and inclusivity in society.

Q4.
Article 21 of the Indian Constitution: Protection of Life and Personal Liberty
Article 21 states:
"No person shall be deprived of his life or personal liberty except according to the procedure established by
law."
It is one of the most significant fundamental rights, ensuring the protection of life and liberty against arbitrary
State actions. Over time, judicial interpretation has expanded its scope, making it the foundation for various
human rights in India.

Key Elements of Article 21

1. Right to Life:
o Refers to a meaningful, complete, and dignified life.
o Includes more than mere survival; encompasses the right to live with dignity, health, and
safety.
2. Right to Personal Liberty:
o Protects an individual’s freedom from unlawful restraint or coercion.
o Covers various dimensions of personal autonomy and privacy.
3. Procedure Established by Law:
o Deprivation of life or liberty must follow a law that is just, fair, and reasonable (Maneka
Gandhi v. Union of India, 1978).

Expansion of Article 21 through Judicial Interpretation

1. Right to Live with Dignity:
o Recognized in Francis Coralie Mullin v. UT of Delhi (1981), where the Supreme Court held
that life under Article 21 means a life of dignity, not mere animal existence.
2. Right to Privacy:
o Affirmed as a fundamental right in Justice K.S. Puttaswamy v. Union of India (2017).
 o Privacy includes data protection, personal choices, and family autonomy.
3. Right to a Clean Environment:
o Recognized in Subhash Kumar v. State of Bihar (1991), linking environmental protection
to the right to life.
4. Right to Health:
o Included in State of Punjab v. Mohinder Singh Chawla (1997), where access to healthcare
was deemed essential to life under Article 21.
5. Right to Die with Dignity:
o Legalized passive euthanasia in Common Cause v. Union of India (2018), granting
terminally ill patients the right to refuse life support.

Latest Judgments on Article 21

1. Right to Reproductive Choice:
o In X v. Principal Secretary, Health and Family Welfare Department (2022):
 The Supreme Court extended abortion rights to unmarried women, holding that
reproductive choice is part of personal liberty under Article 21.
2. Right to Mobility and Access:
o Anuradha Bhasin v. Union of India (2020):
 The Supreme Court held that the indefinite suspension of internet services violated
the right to freedom of speech and expression and was inconsistent with the right to
life under Article 21.
3. Right to Safe Work Environment:
o Gaurav Kumar Bansal v. Union of India (2021):
 The Court directed measures for healthcare workers’ safety during the COVID-19
pandemic, emphasizing the right to health.
4. Right to Health in Pandemic:
o In the context of COVID-19, the Supreme Court took suo motu cognizance of issues like
oxygen supply and hospital infrastructure, linking them to Article 21.
5. Marital Rape Case:
o Recent Delhi High Court cases (2022) addressed marital rape, with discussions on its
recognition under Article 21, emphasizing the dignity and autonomy of women.

Features and Implications of Article 21

1. Widest Interpretation:
o Covers a broad spectrum of rights, making it dynamic and adaptable to evolving societal
needs.
2. Judicial Review:
o Courts ensure laws and executive actions comply with principles of fairness and
reasonableness under Article 21.
3. Non-Suspension During Emergency:
 o Article 21 is enforceable even during a state of emergency (post 44th Amendment, 1978).

Significance of Article 21
1. Foundation of Human Rights:
o Supports the development of derivative rights, such as education, shelter, and livelihood.
2. Checks on State Power:
o Ensures accountability in governance by requiring fairness in laws and procedures.
3. Inclusive Development:
o Promotes socio-economic and environmental rights, ensuring holistic development.

Conclusion
Article 21 serves as a living embodiment of constitutional morality, embracing evolving societal values. The
judiciary, through progressive interpretations, has fortified it as a guardian of human dignity, ensuring justice
and inclusivity in India.

Q5 .
Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs): Complementary and
Supplementary
The Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV) of the Indian
Constitution aim to establish a just, equitable, and inclusive society. While they differ in nature—FRs are
justiciable, and DPSPs are non-justiciable—they are not contradictory. Instead, they work together as
complementary and supplementary components, guiding the State to achieve the ideals of justice, liberty,
equality, and fraternity.

Key Features of Fundamental Rights (FRs)

1. Definition: FRs are guaranteed rights enforceable by courts to protect individual freedoms and
prevent State encroachment.
2. Objective: Protect civil and political rights, ensuring equality and liberty.
3. Examples:
o Right to Equality (Article 14–18).
o Right to Freedom (Article 19–22).
o Right to Constitutional Remedies (Article 32).

Key Features of DPSPs

1. Definition: DPSPs are guidelines to the State to frame laws and policies for socio-economic
development.
2. Objective: Establish a welfare state by addressing collective needs and socio-economic justice.
3. Examples:
o Promotion of welfare of the people (Article 38).
 o Equal pay for equal work (Article 39(d)).
o Right to education (Article 45, now moved to Article 21A).

How Fundamental Rights and DPSPs are Complementary

1. Shared Goal:
o Both FRs and DPSPs aim to achieve socio-economic and political justice, ensuring the
dignity of individuals and the unity of the nation.
2. FRs Protect Individual Rights; DPSPs Promote Collective Welfare:
o FRs safeguard personal freedoms (e.g., equality, free speech).
o DPSPs focus on collective development (e.g., health, education, and economic equality).
3. Socio-Economic Rights under DPSPs Strengthen FRs:
o Example: The Right to Education (Article 21A), derived from DPSPs in Article 45,
strengthens the Right to Life (Article 21).
o Implementation of equal pay for equal work (Article 39(d)) enhances Article 14 (Equality
before the Law).
4. DPSPs Provide Policy Guidance for Realizing FRs:
o DPSPs guide the State in creating conditions for the effective enjoyment of FRs.
o Example: Ensuring social and economic equality (Article 38) complements the Right to
Equality (Article 14).

How Fundamental Rights and DPSPs are Supplementary

1. Judicial Interpretations Bridging the Gap:
o Courts have read DPSPs into FRs, ensuring a harmonious interpretation.
o Example:
 In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that
FRs and DPSPs are complementary and together form the Constitution's basic
structure.
 In Maneka Gandhi v. Union of India (1978), DPSPs on social justice influenced the
interpretation of the Right to Life (Article 21).
2. DPSPs Strengthen FRs Through Laws:
o Laws implementing DPSPs help citizens exercise FRs more effectively.
o Example: The Right to Work (Mahatma Gandhi National Rural Employment Guarantee
Act, 2005) supports Article 21 (Right to Life).
3. Economic and Social Rights Shape Political Rights:
o Without socio-economic justice (DPSPs), political freedoms (FRs) may remain theoretical.
4. DPSPs Address Gaps in FRs:
o DPSPs cover rights not explicitly included in FRs, like environmental protection (Article
48A) or public health (Article 47).

Judicial Observations
 1. Minerva Mills v. Union of India (1980):
o The Supreme Court held that FRs and DPSPs are like the "two wheels of a chariot," essential
for the Constitution's goals.
2. Unnikrishnan v. State of Andhra Pradesh (1993):
o Introduced Right to Education as part of Right to Life (Article 21), combining FRs and
DPSPs.

Examples of Complementary Laws

1. Article 21 and Article 47:
o Prohibition of intoxicating substances under DPSP (Article 47) supports the Right to Health
under Article 21.
2. Article 19(1)(g) and Article 43:
o Protection of trade under Article 19(1)(g) aligns with the directive to ensure just working
conditions under Article 43.

Challenges in Harmonizing FRs and DPSPs

1. Conflict Between FRs and DPSPs:
o Example: Land reforms under Article 39(b) and (c) conflicted with the Right to Property
(Article 31) before its removal.
2. Non-Justiciable Nature of DPSPs:
o DPSPs rely on legislative action for implementation, creating delays in addressing socio-
economic issues.

Conclusion
Fundamental Rights and DPSPs form the backbone of the Indian Constitution. While FRs protect individual
liberties, DPSPs provide the socio-economic framework for a welfare state. Together, they create a balanced
approach to governance, ensuring both personal freedom and social justice. Judicial interpretations and
legislative actions continue to harmonize and strengthen their complementary roles in nation-building.

Q6.
Parliamentary Privileges under the Indian Constitution
Parliamentary privileges are the special rights, immunities, and exemptions granted to Members of
Parliament (MPs) and State Legislatures to enable them to perform their legislative duties effectively and
without undue interference. These privileges are outlined in Article 105 (for Parliament) and Article 194
(for State Legislatures) of the Indian Constitution.

Definition and Scope of Parliamentary Privileges

1. Constitutional Basis:
o Article 105: Provides privileges to MPs in Parliament.
o Article 194: Extends similar privileges to members of State Legislatures.
2. Types of Privileges:
 o Individual Privileges:
 Freedom of Speech:
 MPs and MLAs have absolute freedom of speech within their respective
Houses (Article 105(1)).
 No legal action (civil or criminal) can be taken for speeches or votes in
Parliament or State Legislatures.
 Freedom from Arrest:
 Members cannot be arrested during a session or 40 days before and after a
session for civil cases. This does not apply to criminal offenses.
 Exemption from Jury Service:
 Members cannot be compelled to attend court as witnesses while Parliament
or State Legislatures are in session.
o Collective Privileges:
 The right of the House to regulate its internal affairs without outside interference.
 The power to punish members or outsiders for contempt or breach of privilege.
 The right to exclude non-members from proceedings or hold secret sessions.
 The power to expel members for misconduct.
3. Uncodified Privileges:
o Until privileges are codified by law (as per Article 105(3) and Article 194(3)), the
legislatures in India follow the privileges of the British House of Commons as they existed on
26 January 1950.
Judicial Jurisdiction over Parliamentary Privileges
1. Limited Scope of Judicial Review:
o The courts generally do not interfere with matters related to parliamentary privileges,
respecting the principle of separation of powers.
o However, courts exercise jurisdiction in specific circumstances, particularly when
constitutional rights are involved.
2. Judicial Precedents:
o Keshav Singh Case (1965):
 The Allahabad High Court ruled that privileges of the legislature cannot override the
fundamental rights of citizens.
 The Supreme Court affirmed that judicial review is permissible when parliamentary
privileges conflict with constitutional provisions.
o Raja Ram Pal v. Speaker, Lok Sabha (2007):
 The Supreme Court held that judicial review is applicable to check if legislative
privileges are exercised arbitrarily or unconstitutionally.
o Amarinder Singh v. Punjab Vidhan Sabha (2010):
 The Court clarified that while privileges are essential, they must not be used to
undermine the fundamental rights of citizens.
3. Conflict with Fundamental Rights:
 o If the exercise of parliamentary privileges violates Fundamental Rights, the judiciary has
the power to intervene.
4. Nature of Privileges:
o Judicial scrutiny is limited to determining the existence and extent of privilege, not the
wisdom or necessity of its exercise.
Key Features of Parliamentary Privileges
1. Absolute Immunity:
o No member can be held accountable in any court for anything said or done in the House.
2. Constitutional Supremacy:
o Privileges are subordinate to the Constitution and cannot override it.
3. Separation of Powers:
o The judiciary respects the autonomy of the legislature in exercising its privileges but ensures
they are not abused.
Challenges in Exercising Parliamentary Privileges
1. Lack of Codification:
o Parliamentary privileges remain uncodified, leading to ambiguity and conflicts.
2. Abuse of Privileges:
o Instances of privileges being misused to suppress dissent or criticism.
3. Conflict with Judiciary:
o Overlapping jurisdiction sometimes creates friction between the judiciary and the legislature.
Conclusion
Parliamentary privileges are critical to maintaining the independence and efficiency of legislative institutions.
While courts generally avoid intervening in legislative matters, they play a crucial role in ensuring that the
exercise of privileges adheres to constitutional values, particularly when fundamental rights are at stake.
Codification of these privileges can reduce ambiguities and foster harmony between the legislature and the
judiciary.
Q7.
Procedure to Amend the Constitution of India and the Basic Structure Doctrine
The procedure for amending the Constitution is governed by Article 368. Amendments allow the Constitution
to adapt to changing needs while maintaining its fundamental principles. However, the basic structure
doctrine places limits on Parliament's power to amend the Constitution.

Procedure to Amend the Constitution

1. Types of Amendments:
o By Simple Majority:
 Amendments to certain provisions can be made through a simple majority in
Parliament (e.g., creation of new states, changes in the Second Schedule).
 These are not considered amendments under Article 368.
o By Special Majority:
 Requires a majority of the total membership of each House and at least two-thirds of
members present and voting.
  Used for amending most provisions, such as Fundamental Rights.
o By Special Majority with Ratification by States:
 Requires ratification by at least half of the State Legislatures after passing by a
special majority in Parliament.
 Applies to federal provisions (e.g., election of the President, distribution of powers,
representation of states in Parliament).
2. Steps in the Amendment Process:
o Introduction of the Bill:
 An amendment bill can be introduced in either House of Parliament (not in State
Legislatures).
 It does not require prior Presidential approval.
o Debate and Voting:
 The bill must be passed by the required majority in both Houses of Parliament.
o State Ratification (if required):
 For amendments affecting federal structure, the bill must be approved by at least half
the State Legislatures.
o Presidential Assent:
 The President's assent is mandatory, but the President cannot withhold assent or
return the bill for reconsideration.
Basic Structure Doctrine
1. What is the Basic Structure Doctrine?
o The basic structure doctrine holds that certain fundamental features of the Constitution
cannot be altered by Parliament, even through the amendment process under Article 368.
2. Judicial Origin:
o Kesavananda Bharati v. State of Kerala (1973):
 The Supreme Court established the doctrine, ruling that Parliament can amend the
Constitution but cannot alter its "basic structure."
 This doctrine acts as a safeguard against misuse of amendment powers.
3. Key Features Considered as Part of the Basic Structure:
o Supremacy of the Constitution.
o Sovereign, democratic, and secular character of the State.
o Separation of powers between the legislature, executive, and judiciary.
o Fundamental Rights and their importance.
o Federal structure.
o Independence of the judiciary.
o Free and fair elections.
4. Notable Judgments on Basic Structure:
o Indira Gandhi v. Raj Narain (1975):
  Struck down the 39th Amendment for violating the basic structure by altering
election dispute mechanisms.
o Minerva Mills v. Union of India (1980):
 Reaffirmed the doctrine, holding that judicial review and balance between
Fundamental Rights and DPSPs are part of the basic structure.
o I.R. Coelho v. State of Tamil Nadu (2007):
 Held that laws placed in the Ninth Schedule after 24 April 1973 are subject to
judicial review if they violate the basic structure.
5. Limits on Parliamentary Power:
o Parliament cannot:
 Abrogate or emasculate Fundamental Rights.
 Destroy the democratic framework or federal balance.
 Dilute the judiciary's independence or constitutional supremacy.
Parliament’s Power and Basic Structure
1. Amending Power is Broad but Not Absolute:
o Parliament can amend any part of the Constitution but must respect the basic structure.
2. Judicial Review of Amendments:
o Courts have the power to review constitutional amendments and strike them down if they
violate the basic structure.

Significance of the Doctrine

1. Preserves Constitutional Identity:
o Prevents arbitrary amendments that could distort the Constitution's essence.
2. Checks Parliamentary Power:
o Ensures no single authority can override the foundational principles of governance.
3. Promotes Stability:
o Balances flexibility and rigidity, allowing progressive changes without eroding fundamental
values.
Conclusion
The procedure to amend the Constitution under Article 368 ensures both flexibility and stability. However, the
basic structure doctrine, established through judicial interpretation, imposes substantive limitations on
Parliament’s power to amend the Constitution. This ensures that the Constitution's core principles remain
intact, protecting democracy and the rule of law.

Q8.

The Nature of the Constitution of India: Neither Purely Federal Nor Purely Unitary
The Constitution of India is often described as a "quasi-federal" document because it blends features of
both federal and unitary systems of governance. This mixed nature ensures that while India has a strong
central government, it also accommodates significant autonomy for states. Below, we will outline the federal
and unitary characteristics of the Indian Constitution and explain how it balances both elements.
Federal Characteristics of the Indian Constitution
1. Dual Government Structure:
o Central Government (Union) and State Governments function within their respective
domains.
o Powers are distributed between the Centre and states through the Federal List, State List,
and Concurrent List (Schedule VII).
2. Division of Powers:
o Article 246: Specifies the distribution of legislative powers between Parliament and State
Legislatures.
o Federal List (List I): Subjects under the exclusive domain of the Centre (e.g., defense,
foreign affairs).
o State List (List II): Subjects under the exclusive domain of states (e.g., police, public
health).
o Concurrent List (List III): Subjects on which both can legislate, with central law prevailing
in case of conflict (e.g., marriage, criminal law).
3. Bicameral Legislature:
o The Parliament consists of Lok Sabha (House of the People) and Rajya Sabha (Council of
States).
o Rajya Sabha represents states and union territories, maintaining a federal feature in
legislative representation.
4. Independent Judiciary:
o Article 245: Provides that the judiciary interprets the Constitution and ensures laws comply
with constitutional provisions.
o Supreme Court and High Courts act as arbiters in disputes between the Centre and states.
5. Financial Relations:
o Article 268 to 293: Prescribes a system for distribution of revenues between the Centre and
states.
o Finance Commission (Article 280): Periodically assesses and recommends the distribution
of financial resources.
Unitary Characteristics of the Indian Constitution
1. Strong Central Government:
o The Centre has the power to legislate on matters in the State List under certain circumstances
(e.g., Article 249 allows Parliament to legislate on state subjects during a national
emergency).
2. Power of Superintendence:
o The Centre can supervise and direct the governance of states. For instance, Article 256
mandates that the executive power of states must align with the Union's directions.
3. Emergency Provisions:
o Article 352, 356, and 360: Allow the President to assume control over state functions during
a national emergency, state emergency (President’s Rule), or financial emergency, effectively
centralizing power.
 4. Single Constitution:
o Both the Centre and the states operate under a single Constitution, indicating a unitary
characteristic where the Constitution governs all levels of government.
5. Governor’s Role:
o The Governor of a state, appointed by the President, acts as an agent of the Centre and
ensures that central policies are implemented at the state level.
o Article 200: Allows the Governor to withhold assent to bills passed by the State Legislature
and send them to the President for review.
6. Unified Judiciary:
o The Supreme Court and High Courts are part of a single, integrated judicial system, which
can act as a unifying force for the entire country.
o Article 131: Allows the Supreme Court to resolve disputes between the Centre and states or
among states.
7. Control Over States’ Legislation:
o Article 254: Central laws override state laws in case of inconsistency, except when the state
law is made under Article 252 or Article 253 (international agreements).
Why the Indian Constitution is Neither Purely Federal nor Purely Unitary
1. Balance Between Federal and Unitary:
o The Constitution balances elements of federalism (e.g., power distribution, bicameralism)
with unitary features (e.g., emergency powers, strong Centre) to maintain national unity and
stability.
o Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, described the Constitution as
"federal in structure with a strong unitary bias."
2. Judicial Interpretations:
o In State of West Bengal v. Union of India (1963), the Supreme Court affirmed that the
Constitution has a federal structure, but it is not purely so.
o In S.R. Bommai v. Union of India (1994), the Court held that while India is a federal state,
the Centre has greater power, particularly during an emergency.
3. Dynamic Nature:
o The Constitution has provisions to shift from a federal to a more unitary structure during
times of national need, showcasing its adaptability.
o Emergency provisions ensure that the Centre can take overriding control to preserve the
nation’s integrity.
Conclusion
The Indian Constitution blends federal and unitary characteristics to create a unique governance model.
The distribution of powers and a federal structure provide autonomy to states, while the emergency
provisions, strong central control, and unified judiciary ensure that the country remains united and stable. This
dual nature allows India to manage its diverse and complex political landscape effectively, addressing
regional interests while maintaining national cohesion.