Constitution of India — Complete Study Notes

Key Legislative Steps:

1. Regulating Act, 1773: First parliamentary control over East India Company. Created Governor-General of Bengal.
2. Pitt's India Act, 1784: Created Board of Control. Separated commercial and political functions.
3. Charter Act, 1833: Made Governor-General of Bengal → Governor-General of India. Ended Company's commercial activities.
4. Charter Act, 1853: Open competition for civil services (Macaulay Committee).
5. Government of India Act, 1858: Transferred power from Company to Crown. Created Secretary of State for India.
6. Indian Councils Act, 1861: First Indians in legislative council (3 nominated).
7. Indian Councils Act, 1892: Indirect election introduced. Discussion on budget allowed.
8. Morley-Minto Reforms, 1909: Separate electorates for Muslims.
9. Government of India Act, 1919: Dyarchy in provinces. Bicameralism at Centre.
10. Government of India Act, 1935: Provincial Autonomy, Federal Court, RBI. Blueprint for our Constitution.
11. Indian Independence Act, 1947: Partition; ended British paramountcy over princely states.

Cabinet Mission (1946): Sent by British PM Clement Attlee. Comprised Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander.

Key Recommendations:

• Union Constitution: India as a Union of Provinces and Princely States. Union handles Foreign Affairs, Defence, Communications, Currency.
• Constituent Assembly: Re-constituted with 389 members.
• Interim Government: 9 members; Nehru as VP of Executive Council.
• Grouping of Provinces: Sections A, B, C for deliberation (later rejected by Muslim League).

The plan failed due to Muslim League's insistence on Pakistan, but provided the framework for the Constituent Assembly's composition.

Composition:

• 299 members after Partition (389 originally).
• Elected by Provincial Legislative Assemblies via single transferable vote.
• Key members: Dr. B.R. Ambedkar, Jawaharlal Nehru, Sardar Patel, Rajendra Prasad, Maulana Abul Kalam Azad.

Working:

• First meeting: 9 December 1946 (Dr. Rajendra Prasad as President).
• 11 sessions over 165 days of deliberation.
• Drafting Committee (headed by Dr. Ambedkar) prepared the draft.
• Several sub-committees: Fundamental Rights, Minorities, Tribal Areas, etc.
• Last session: 24 January 1950 (signed by all 299 members).

THE PREAMBLE: Based on the "Objectives Resolution" moved by Nehru (adopted 13 Nov 1946). Declares India as a Sovereign, Socialist, Secular, Democratic Republic.

Word-by-Word Explanation:

1. "WE, THE PEOPLE OF INDIA": Source of constitutional authority is the people — not the British Crown.
2. SOVEREIGN: Free from external control. Supreme authority rests with the people.
3. SOCIALIST: Added by 42nd Amendment (1976). Commitment to social and economic equality. Abolition of exploitation, equitable wealth distribution.
4. SECULAR: Added by 42nd Amendment (1976). State has no official religion. All religions treated equally. A "basic feature" of the Constitution.
5. DEMOCRATIC: Government of the people, by the people. Universal adult franchise (18+).
6. REPUBLIC: Head of state (President) is elected, not hereditary.
7. JUSTICE: Social (no discrimination), Economic (equitable distribution), Political (equal participation).
8. LIBERTY: Liberty of thought, expression, belief, faith, and worship.
9. EQUALITY: Equality of status and opportunity. No discrimination on religion, race, caste, sex, birthplace.
10. FRATERNITY: Unity and dignity of the individual. No communalism, regionalism, or casteism.

SALIENT FEATURES:

1. Written Constitution: Longest in the world (originally 395 Articles, 8 Schedules).
2. Sovereign, Socialist, Secular, Democratic Republic: As declared in the Preamble.
3. Federal with Unitary Bias: Division of powers but strong Centre (Art 356, emergencies). "Quasi-federal."
4. Parliamentary System: Executive responsible to Legislature. British model.
5. Fundamental Rights (Part III): Enforceable in court. Six rights (Arts 14-32).
6. DPSP (Part IV): Non-justiciable guidelines for welfare state.
7. Fundamental Duties (Part IV-A): Moral obligations of citizens.
8. Independent Judiciary: SC as guardian of the Constitution.
9. Universal Adult Franchise: Every citizen 18+ can vote (Art 326).
10. Emergency Provisions (Part XVIII): National (Art 352), State (Art 356), Financial (Art 360).
11. Single Citizenship: No dual citizenship.
12. Amendment Procedure (Art 368): Flexible yet rigid.

Why "Living Document"? Amended 105 times since 1950. Judicial review has expanded interpretation (Right to Privacy, Right to Life). Preamble was amended twice (42nd and 44th). New Articles and Schedules added over time.

Article 14: Equality before law and equal protection of laws for all persons.

Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, birthplace. Special provisions for women, children, SC/ST.

Article 16: Equal opportunity in public employment. Reservation for Backward Classes, SC/ST.

Article 17: Abolition of Untouchability. Punishable by law.

Article 18: Abolition of titles (except military/academic).

Socialist (Arts 38, 39, 41-43, 43A): Adequate livelihood, equal pay, free legal aid, right to work, maternity relief, living wage, worker participation in management.

Gandhian (Arts 40, 43B, 46-48, 48A): Village panchayats, co-operative societies, SC/ST welfare, prohibition of intoxicants, cow protection, agriculture, environment protection.

Liberal-Intellectual (Arts 44, 45, 50, 51): Uniform Civil Code (UCC), free education for children 6-14, separation of judiciary from executive, international peace.

FR: Justiciable, enforceable, negative rights (prevent state interference). DPSP: Non-justiciable, positive rights (state takes positive action).

Key Judgments:

• Champakam Dorairajan (1951): FR prevails over DPSP if conflict. Led to First Amendment.
• Kesavananda Bharati (1973): FR and DPSP are complementary. Neither is subordinate.
• Minerva Mills v. UoI (1980): Struck down 42nd Amendment (DPSP primacy). Harmony between FR and DPSP is a basic feature.

Current Position: Both are complementary. DPSP can influence judicial interpretation of FR (e.g., Right to Life → Right to Livelihood).

Expansion of Article 21 by Supreme Court:

• Maneka Gandhi v. UoI (1978): Procedure must be "fair, just, reasonable." Right to travel abroad.
• Francis Coralie v. Delhi (1981): Right to live with human dignity. Right to livelihood.
• Olga Tellis v. BMC (1985): Right to livelihood is part of Right to Life. Pavement dwellers cannot be evicted without rehabilitation.
• Vishaka v. Rajasthan (1997): Right to work with dignity — Sexual Harassment guidelines.
• Navtej Johar v. UoI (2018): Decriminalization of Section 377 — Right to sexual autonomy.
• Justice K.S. Puttaswamy v. UoI (2017): Right to Privacy is a fundamental right under Article 21.

(a) FUNDAMENTAL DUTIES (Article 51A):

Added by 42nd Amendment (1976), originally 10 duties. 11th duty added by 86th Amendment (2002).

1. Abide by the Constitution and respect its ideals and institutions.
2. Cherish and follow the noble ideals of the national freedom struggle.
3. Uphold and protect the sovereignty, unity, and integrity of India.
4. Defend the country and render national service when called upon.
5. Promote harmony and the spirit of common brotherhood.
6. Value and preserve the rich heritage of our composite culture.
7. Protect and improve the natural environment (forests, lakes, rivers, wildlife).
8. Develop scientific temper, humanism, and the spirit of inquiry and reform.
9. Safeguard public property and abjure violence.
10. Strive towards excellence in all spheres of individual and collective activity.
11. Provide opportunities for education to children between 6 and 14 years (added by 86th Amendment).

(b) PUBLIC INTEREST LITIGATION (PIL):

PIL is a litigation filed by any person (not necessarily the aggrieved party) on behalf of those who cannot approach the court due to poverty, ignorance, or social disadvantage. Introduced by Justice P.N. Bhagwati in the 1980s. Key features: (1) Relaxed rules of locus standi, (2) Can be filed via letters/postcards, (3) Courts can appoint commissioners for investigation, (4) No court fee or nominal fee. Landmark PIL cases: Hussainara Khatoon (right to speedy trial), M.C. Mehta (environment protection), Vishaka (sexual harassment).

(c) FR vs DPSP — Comparison:

Powers of the President:

• Executive: Supreme Commander of Armed Forces. Appoints PM, Governors, CJI, CAG, etc.
• Legislative: Summons/prorogues/dissolves Parliament. Addresses first session. Gives assent to bills.
• Financial: Annual budget presented in Parliament. Contingency Fund of India.
• Judicial: Appoints judges of SC and HCs. Can grant pardon, reprieve, respite, or remission of punishment.
• Emergency: Can proclaim National Emergency (Art 352), President's Rule (Art 356), Financial Emergency (Art 360).
• Diplomatic: Negotiates treaties and international agreements (ratified by Parliament).

Veto Powers:

• Absolute Veto: Withhold assent completely (rarely used).
• Suspensive Veto: Return the bill for reconsideration. If Parliament passes again, President must give assent. Not applicable to Money Bills.
• Pocket Veto: No action on the bill indefinitely. No time limit for giving assent.

PM: Real executive head. Leader of majority party in Lok Sabha. Advises President on appointments. Heads Council of Ministers. Represents India internationally. Coordinates all ministries.

Council of Ministers:

• Cabinet Ministers (top level, head major ministries)
• Ministers of State (independent charge or assist cabinet ministers)
• Deputy Ministers (assist cabinet ministers)

Collective Responsibility: All ministers must support cabinet decisions. If a vote of no-confidence is passed, the entire Council resigns.

Individual Responsibility: Each minister is responsible to the Lok Sabha for their ministry's actions.

Parliamentary Privileges are special rights and immunities enjoyed by MPs and State Legislators to ensure effective functioning of Parliament.

Key Privileges:

• Freedom of Speech: MPs cannot be prosecuted for speeches in Parliament.
• Freedom from Arrest: Cannot be arrested in civil cases during session.
• Exemption from Jury Service: MPs are exempt from jury duty.
• Right to Publish Proceedings: Cannot be held liable for publishing parliamentary proceedings.
• Power to Punish for Contempt: Parliament can punish for breach of privilege.

Importance: Ensures independence of legislature, protects MPs from external pressure, enables free and fearless debate.

POSITION OF THE PRESIDENT: The President is the constitutional head of state, but real executive power vests in the PM and Council of Ministers. Article 74 makes the President bound by the advice of the Council of Ministers (except in certain situations). The President is often described as a "rubber stamp" or "constitutional figurehead."

Powers of the President:

1. Executive Powers: Supreme Commander of Armed Forces. Appoints PM, Governors, CJI, CAG, Comptroller, etc.
2. Legislative Powers: Summons/prorogues/dissolves Parliament. Addresses the first session. Can promulgate Ordinances when Parliament is not in session (valid for 6 weeks).
3. Financial Powers: No Money Bill can be introduced without President's recommendation. Controls Contingency Fund of India.
4. Judicial Powers: Appoints judges of SC and HCs. Can grant pardon in death penalty cases, court martial cases, and treaty violations.
5. Emergency Powers: Can proclaim National Emergency (Art 352), President's Rule (Art 356), Financial Emergency (Art 360).

Veto Powers:

• Absolute Veto: Withhold assent permanently. Rarely used (e.g., PEPSU Appropriation Bill, 1954).
• Suspensive Veto: Return bill for reconsideration. Parliament can override by passing again. Cannot be used on Money Bills.
• Pocket Veto: No action on bill indefinitely. Used by President Venkataraman (1986) on Indian Post Office Amendment Bill.

Is the President merely a constitutional head? While the President is bound by Article 74 (advice of CoM), the President has certain discretionary powers: (1) appointing PM when no party has majority, (2) dismissing a ministry that has lost majority, (3) returning a bill for reconsideration, (4) promulgating ordinances, (5) granting pardons. Thus, the President is not a mere rubber stamp but a constitutional head with limited but significant discretionary powers.

Governor's Powers:

• Executive: Appoints CM, Council of Ministers, Advocate General, etc. Head of state executive power.
• Legislative: Summons/prorogues/dissolves State Legislature. Can reserve bills for President's assent (Art 200). Can promulgate Ordinances.
• Financial: Money Bills can only be introduced with Governor's recommendation.
• Judicial: Can grant pardons, reprieves, respites for offences against state laws.
• Discretionary: Can recommend President's Rule (Art 356) if state government cannot function as per Constitution.

The Governor's powers mirror the President's powers at the Centre. However, the Governor acts on the advice of the CM and Council of Ministers (Article 163).

State Legislature: Most states have a unicameral legislature (Legislative Assembly only). 6 states have bicameral legislatures (Assembly + Legislative Council).

Legislative Assembly (Vidhan Sabha):

• Maximum 500 members, minimum 60.
• Directly elected by people for 5 years.
• Money Bills can originate here.
• More powerful than Legislative Council.

Legislative Council (Vidhan Parishad):

• Maximum 1/3 of Assembly strength, minimum 40.
• Members: 1/3 elected by MLAs, 1/3 by local bodies, 1/12 by teachers, 1/12 by graduates, some nominated by Governor.
• Permanent body (6-year term, 1/3 retire every 2 years). Cannot be dissolved.

73rd Amendment (1992) — Panchayati Raj (Part IX):

• Three-tier system: Village, Intermediate (Block), District levels.
• Gram Sabha as the foundation — all adults in the village are members.
• Reservation for SC/ST and Women (1/3 seats).
• Elections every 5 years. State Finance Commission to recommend fund devolution.
• 29 subjects transferred to Panchayats (Schedule XI).

74th Amendment (1992) — Municipalities (Part IX-A):

• Three types: Nagar Panchayat (transitional), Municipal Council (smaller urban areas), Municipal Corporation (larger cities).
• Reservation for SC/ST and Women.
• Wards Committees in larger cities.
• 18 subjects in Schedule XII.
• District Planning Committee for integrated development.

Significance: Both amendments constitutionally recognized local self-government, ensuring genuine grassroots democracy and decentralization of power.

HIGH COURTS:

• Composition: Chief Justice + other judges. Appointed by the President after consultation with CJI and Governor.
• Tenure: Up to 62 years. Removal by impeachment (same as SC judges).
• Jurisdiction:
• Original Jurisdiction: Enforcement of FR under Art 226, admiralty, matrimonial cases.
• Appellate Jurisdiction: Appeals from lower courts (civil and criminal).
• Supervisory Jurisdiction: Power to supervise all subordinate courts.
• Writ Jurisdiction (Art 226): Wider than SC (Art 32) — can issue writs for FR AND other purposes.

Comparison:

EMERGENCY PROVISIONS (Part XVIII, Arts 352-360):

1. National Emergency (Article 352):

• Proclaimed on grounds of "war, external aggression, or armed rebellion."
• Originally "internal disturbance" (abused during Emergency 1975-77).
• 44th Amendment (1978): Changed "internal disturbance" to "armed rebellion."
• President can proclaim on written advice of Cabinet (not just PM).
• Parliament must approve within 1 month; must be renewed every 6 months.
• FR under Article 19 are automatically suspended (Art 359). Others cannot be suspended.
• Parliament can make laws on State List subjects during National Emergency.

2. President's Rule / State Emergency (Article 356):

• Proclaimed when state government cannot function as per Constitution.
• Governor's report or President's own initiative.
• Parliament must approve within 2 months; valid for 3 months (extendable up to 3 years).
• 44th Amendment (1978): Made Art 356 subject to judicial review. S.R. Bommai v. UoI (1994) — SC held that President's Rule is justiciable and can be struck down.

3. Financial Emergency (Article 360):

• Proclaimed if financial stability or credit of India is threatened.
• Parliament must approve within 2 months.
• President can reduce salaries of all government servants (including judges).
• All money bills passed by state legislatures require President's approval.
• Never been used in India so far.

Significance of 44th Amendment: Restored the balance between FR and DPSP after the Emergency (1975-77). Made it harder to declare emergencies. Made President's Rule justiciable. Ensured democratic resilience against authoritarian takeover.

Composition:

• Chief Justice of India + up to 33 other judges (currently 34 including CJI).
• Appointed by President on recommendation of Collegium.
• Tenure: Up to 65 years. Removal by impeachment (special majority in both Houses).

Jurisdiction:

• Original Jurisdiction (Art 131): Disputes between Centre and States, or between States. Also enforcement of FR under Art 32.
• Appellate Jurisdiction: Appeals from High Courts in civil, criminal, and constitutional cases.
• Advisory Jurisdiction (Art 143): President can seek SC's opinion on any question of law or fact.
• Writ Jurisdiction (Art 32): Can issue writs for enforcement of FR.
• Review Jurisdiction: Can review its own judgments (Art 137).

Judicial Review: The power of the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions and declare them void if they violate the Constitution.

Landmark Judgments:

• Marbury v. Madison (1803, USA): Origin of judicial review (American influence on Indian Constitution).
• Kesavananda Bharati (1973): Introduced the "basic structure" doctrine. Parliament cannot amend the basic structure.
• Minerva Mills (1980): Struck down 42nd Amendment. Harmony between FR and DPSP is a basic feature.
• S.R. Bommai (1994): President's Rule (Art 356) is justiciable.
• Puttaswamy (2017): Right to Privacy is a fundamental right under Art 21.
• NJAC Case (2015): Struck down 99th Amendment. Collegium system restored.

1. National Emergency (Article 352):

• Grounds: War, external aggression, or armed rebellion.
• 44th Amendment changed "internal disturbance" to "armed rebellion."
• FR under Art 19 are suspended. Parliament can legislate on State List.

2. President's Rule / State Emergency (Article 356):

• Grounds: State government cannot function as per Constitution.
• Governor's report or President's own initiative.
• Valid for 3 months, extendable up to 3 years with parliamentary approval.
• Justiciable (S.R. Bommai case).

3. Financial Emergency (Article 360):

• Grounds: Threat to financial stability or credit of India.
• President can reduce salaries of all government servants.
• All Money Bills in states require President's approval.
• Never been proclaimed so far.

COMPOSITION:

• Chief Justice of India + up to 33 other judges (currently 34 total).
• Appointed by President after consultation with Collegium (CJI + 4 senior judges).
• Tenure: Up to 65 years. Removal by impeachment for "proved misbehavior or incapacity."

JURISDICTION:

1. Original (Art 131): Centre-State disputes, State-State disputes, enforcement of FR (Art 32).
2. Appellate: From High Courts in civil, criminal, constitutional matters.
3. Advisory (Art 143): President can seek opinion on any question of law.
4. Writ (Art 32): Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.

INDEPENDENCE OF JUDICIARY:

• Security of tenure (removed only by impeachment).
• Salaries charged on Consolidated Fund of India (not subject to parliamentary vote).
• Collegium system for appointments.
• Contempt of court powers.
• Separation of judiciary from executive (Art 50).

JUDICIAL ACTIVISM & PIL:

Judicial activism refers to the proactive role of the judiciary in protecting rights and delivering justice. PIL (introduced by Justice P.N. Bhagwati in the 1980s) allows any person to file a petition on behalf of those who cannot approach the court. Landmark PIL cases: Hussainara Khatoon (right to speedy trial), M.C. Mehta (environment), Vishaka (sexual harassment).