B.A. LL.B. Vth SemB.A. LL.B. Vth Sem

Constitution of IndiaConstitution of India

NATURE OF INDIAN CONSTITUTION, SALIENT FEATURES OF THE CONSTITUTION, PREAMBLE, CITIZENSHIP, CONCEPT OF FEDERALISM AND INDIAN CONSTITUTION

NATURE OF INDIAN CONSTITUTION, SALIENT FEATURES OF THE CONSTITUTION, PREAMBLE, CITIZENSHIP, CONCEPT OF FEDERALISM AND INDIAN CONSTITUTION

The major portion of the Indian subcontinent was under British rule from 1857 to 1947. The impact of economic, political and social development during this period helped the gradual rise of the Indian independence movement to gain independence from foreign rule. After the Indian Rebellion of 1857, the direct rule of the British crown was established. When the Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act. India ceased to be a dominion of the British Crown and became a sovereign democratic republic. 26 November 1949 is also known as National Law Day. The Indian constitution is the world's longest constitution. At the time of commencement, the constitution had 395 articles in 22 parts and 8 schedules. It consists of almost 80,000 words and took 2 years 11 months and 18 days to build.

In the United Kingdom the office of the Secretary of State for India was the authority through whom Parliament exercised its rule (along with the Council of India), and established the office of Viceroy of India (along with an Executive Council in India, consisting of high officials of the British Government). The Indian Councils Act 1861provided for a Legislative Council consisting of the members of the Executive council and non-official members. The Indian Councils Act 1892 established provincial legislatures and increased the powers of the Legislative Council. Although these Acts increased the representation of Indians in the government, their power still remained limited. The Indian Councils Act 1909 and the Government of India Act 1919 further expanded participation of Indians in the government

Government of India Act 1858 After the Indian Rebellion of 1857, the British Government took direct control of territories

formerly ruled by the English East India Company. To calm down the after effects of 1857 revolt, the Act of 1858 was introduced. This act abolished East India Company and transferred powers towards the British crown to establish direct rule. The Provisions of the bill are:[

Provision for the creation of an Indian Civil Service under the control of the Secretary of State.

The Crown was empowered to appoint a Governor-General and the Governors of the Presidencies.

The Company's territories in India were to be vested in the Queen, the Company ceasing to exercise its power and control over these territories. India was to be governed in the Queen's name.

All the property of the East India Company was transferred to the Crown. The Crown also assumed the responsibilities of the Company as they related to treaties, contracts, and so forth.

The Queen's Principal Secretary of State received the powers and duties of the Company's Court of Directors. A council of fifteen members was appointed to assist the Secretary of State for India. The council became an advisory body in India affairs. For all the communications between Britain and India, the Secretary of State became the real channel.

Abolition of double government.

Indian Councils Act 1861 enacted by Parliament of the United Kingdom that transformed the Viceroy of India's executive council into a cabinet run on the portfolio system. This cabinet had six "ordinary members" who each took charge of a separate department in Calcutta's government: home, revenue, military, law, finance, and (after 1874) public works.

Indian Councils Act 1861 is an essential landmark in the constitutional and political good reputation for India. The 1861 Act restored the legislative power taken away by the Charter Act of 1833. The legislative council at Calcutta was given extensive authority to pass laws for British India as a whole, while the legislative councils at Bombay and Madras were given the power to make laws for the "Peace and good Government" of their respective presidencies. The Governor General was given the power to create new provinces for legislative purposes. He also could appoint Lt. Governors for the same. Its features are:

Indians were involved with law-making process. For this purpose, viceroy nominated the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.

Decentralization of legislative powers. Establishment of recent legislative councils in Bengal, NWFP and Punjab in 1862, 1866

and 1897 respectively. Introduction of portfolio system. It empowered the Viceroy to issue ordinances with no concurrence of the legislative council

throughout an emergency. The life of such an ordinance was 6 months.

Enacted due to the demand of the Indian National Congress to expand legislative council, the number of non-official members was increased both in central and provincial legislative councils the non official members of Indian legislative councils were henceforth to be nominated by Bengal chamber of commerce and provincial legislative council. In 1892, the council consisted of 24 members, only five being where Indians. Its features are:

Power discussing budget to legislative councils. It deliver to the nomination of some non official people in the

central legislative council through the viceroy on the recommendation of the provincial legislative councils which of the provincial legislative councils through the governors on the recommendations of the district boards, municipalities, universities, trade associations, zamindars and chambers.

Enacted due to the demand of the Indian National Congress to expand legislative council, the number of non-official members was increased both in central and provincial legislative councils the non official members of Indian legislative councils were henceforth to be nominated by Bengal chamber of commerce and provincial legislative council. In 1892, the council consisted of 24 members, only five being where Indians. Its features are:

Power discussing budget to legislative councils. It deliver to the nomination of some non official people in the

central legislative council through the viceroy on the recommendation of the provincial legislative councils which of the provincial legislative councils through the governors on the recommendations of the district boards, municipalities, universities, trade associations, zamindars and chambers.

Indian Councils Act 1909 commonly known as the Morley-Minto Reforms, was an Act of the Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the governance of British India. The Act of 1909 was important for the following reasons:

It effectively allowed the election of Indians to the various legislative councils in India for the first time. Previously some Indians had been appointed to legislative councils.

The introduction of the electoral principle laid the groundwork for a parliamentary system even though this was contrary to the intent of Morley.

Muslims had expressed serious concern that a first past the post electoral system, like that of Britain, would leave them permanently subject to Hindu majority rule. The Act of 1909 stipulated, as demanded by the Muslim leadership.

The Act amended the Indian Councils Acts of 1861 and 1892. Its features are: The maximum number of nominated and elected members of the Legislative Council at the

Center was increased from 16 to 60. The number did not include ex-officio members. The right of separate electorate was given to the Muslims. Official members were to form the majority but in provinces non-official members would be

in majority. The members of the Legislative Councils were permitted to discuss the budgets, suggest the

amendments and even to vote on them; excluding those items that were included as non-vote items. They were also entitled to ask supplementary questions during the legislative proceedings.

The Secretary of State for India was empowered to increase the number of the Executive Councils of Madras and Bombay from two to four.

Two Indians were nominated to the Council of the Secretary of State for Indian Affairs.

After World War I, the British Government opened the door for Indians to public office and employment. The Provisions of the bill are:

Relaxation of central treatments for the provinces by demarcating and separating the central and provincial subjects.

It further divided the provincial subjects into two parts – transferred (That have been administered by governor by the help of ministers who are responsible to legislative council) and reserved (that have been to be administered by the governor and the executive council without being responsible towards the legislative council).

Introduction of diarchy, Bicameralism, direct elections and establishment of central public service commission in 1926.

Franchise was granted to some limited people on foundation of property, tax and education.

Separation of central budget from provisional budget. Appointment of statutory commission.

The provisions of the Government of India Act 1935, though never implemented fully, had a great impact on the Constitution of India. Many key features of the constitution are directly taken from this Act. It is really a lengthy and detailed document having 321 sections and 10 schedules. The majority of the today's constitution has drawn from this. Its features are:

It delivers to the establishment of an All India Federation. The previous names transferred and reserved subjects are changed as federal and provincial lists and concurrent list is definitely an addendum.

Abolition of Diarchy and introduced provincial autonomy. Abolition of Council Asia. Establishment of RBI, federal court, Provincial PSUs and Joint PSUs. Extension of bicameralism, communal representation and franchise. The federal structure of government, provincial autonomy, a

bicameral central legislature consisting of a federal assembly and a Council of States and the separation of legislative powers between the centre and states are some of the provisions of the Act which are present in the Constitution of India.

The provisions of the Government of India Act 1935, though never implemented fully, had a great impact on the Constitution of India. Many key features of the constitution are directly taken from this Act. It is really a lengthy and detailed document having 321 sections and 10 schedules. The majority of the today's constitution has drawn from this. Its features are:

It delivers to the establishment of an All India Federation. The previous names transferred and reserved subjects are changed as federal and provincial lists and concurrent list is definitely an addendum.

Abolition of Diarchy and introduced provincial autonomy. Abolition of Council Asia. Establishment of RBI, federal court, Provincial PSUs and Joint PSUs. Extension of bicameralism, communal representation and franchise. The federal structure of government, provincial autonomy, a bicameral

central legislature consisting of a federal assembly and a Council of States and the separation of legislative powers between the centre and states are some of the provisions of the Act which are present in the Constitution of India.

The Constitution was drafted by the Constituent Assembly, which was elected by the elected members of the provincial assemblies.Dr B.R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Kanaiyalal Munshi, Purushottam Mavalankar, Sandipkumar Patel, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were some important figures in the Assembly. There were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Ari Bahadur Gururng represented the Gorkha Community. Prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur and Vijayalakshmi Pandit were important women members.The first temporary 2-day president of the Constituent Assembly was Dr Sachidanand Sinha. Later, Rajendra Prasad was elected president of the Constituent Assembly.The members of the Constituent Assembly met for the first time on 9 December 1946.

The Constitution was drafted by the Constituent Assembly, which was elected by the elected members of the provincial assemblies.Dr B.R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Kanaiyalal Munshi, Purushottam Mavalankar, Sandipkumar Patel, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were some important figures in the Assembly. There were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Ari Bahadur Gururng represented the Gorkha Community. Prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur and Vijayalakshmi Pandit were important women members.The first temporary 2-day president of the Constituent Assembly was Dr Sachidanand Sinha. Later, Rajendra Prasad was elected president of the Constituent Assembly.The members of the Constituent Assembly met for the first time on 9 December 1946.

On the 14 August 1947 meeting of the Assembly, a proposal for forming various committees was presented. Such committees included a Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee. On 29 August 1947, the Drafting Committee was appointed, with Dr B. R. Ambedkar as the Chairman along with six other members assisted by a constitutional advisor. These members were Pandit Govind Ballabh Pant, Kanaiyalal Maneklal Munshi (K M Munshi, Ex- Home Minister, Bombay), Alladi Krishnaswamy Iyer (Ex- Advocate General, Madras State), N Gopalaswami Ayengar (Ex-Prime Minister, J&K and later member of Nehru Cabinet), B L Mitter (Ex-Advocate General, India), Md. Saadullah (Ex- Chief Minister of Assam, Muslim League member) and D P Khaitan (Scion of Khaitan Business family and a renowned lawyer). The constitutional advisor was Sir Benegal Narsing Rau (who became First Indian Judge in International Court of Justice, 1950–54). Later B L Mitter resigned and was replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara). Owing to death of D P Khaitan, T T Krishnamachari was chosen to be included in the drafting committee. A Draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947. Draft constitution was debated and over 2000 amendments were moved over a period of two years. Finally on 26 Nov. 1949, the process was completed and Constituent assembly adopted the constitution. 284 members signed the document and the process of constitution making was complete.

The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution, the 308 members of the Assembly signed two copies of the document (one each in Hindi and English) on 24 January 1950. The original Constitution of India is hand-written with beautiful calligraphy, each page beautified and decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. Two days later, on 26 January 1950, the Constitution of India became the law of all the States and territories of India. Rs.1,00,00,000 was official estimate of expenditure on constituent assembly. The Constitution has undergone many amendments since its enactment.

On the 14 August 1947 meeting of the Assembly, a proposal for forming various committees was presented. Such committees included a Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee. On 29 August 1947, the Drafting Committee was appointed, with Dr B. R. Ambedkar as the Chairman along with six other members assisted by a constitutional advisor. These members were Pandit Govind Ballabh Pant, Kanaiyalal Maneklal Munshi (K M Munshi, Ex- Home Minister, Bombay), Alladi Krishnaswamy Iyer (Ex- Advocate General, Madras State), N Gopalaswami Ayengar (Ex-Prime Minister, J&K and later member of Nehru Cabinet), B L Mitter (Ex-Advocate General, India), Md. Saadullah (Ex- Chief Minister of Assam, Muslim League member) and D P Khaitan (Scion of Khaitan Business family and a renowned lawyer). The constitutional advisor was Sir Benegal Narsing Rau (who became First Indian Judge in International Court of Justice, 1950–54). Later B L Mitter resigned and was replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara). Owing to death of D P Khaitan, T T Krishnamachari was chosen to be included in the drafting committee. A Draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947. Draft constitution was debated and over 2000 amendments were moved over a period of two years. Finally on 26 Nov. 1949, the process was completed and Constituent assembly adopted the constitution. 284 members signed the document and the process of constitution making was complete.

The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution, the 308 members of the Assembly signed two copies of the document (one each in Hindi and English) on 24 January 1950. The original Constitution of India is hand-written with beautiful calligraphy, each page beautified and decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. Two days later, on 26 January 1950, the Constitution of India became the law of all the States and territories of India. Rs.1,00,00,000 was official estimate of expenditure on constituent assembly. The Constitution has undergone many amendments since its enactment.

Preamble Part I– Union and its Territory Part II– Citizenship. Part III– Fundamental Rights. Part IV – Directive Principles of State Policy. Part IVA – Fundamental Duties. Part V– The Union. Part VI– The States. Part VII – States in the B part of the First schedule(Repealed). Part VIII– The Union Territories Part IX– The Panchayats. Part IXA– The Municipalities. Part IXB – The Co-operative Societies. Part X – The scheduled and Tribal Areas Part XI – Relations between the Union and the States.

Preamble Part I– Union and its Territory Part II– Citizenship. Part III– Fundamental Rights. Part IV – Directive Principles of State Policy. Part IVA – Fundamental Duties. Part V– The Union. Part VI– The States. Part VII – States in the B part of the First schedule(Repealed). Part VIII– The Union Territories Part IX– The Panchayats. Part IXA– The Municipalities. Part IXB – The Co-operative Societies. Part X – The scheduled and Tribal Areas Part XI – Relations between the Union and the States.

Part XII– Finance, Property, Contracts and Suits Part XIII – Trade and Commerce within the territory of

India Part XIV– Services Under the Union, the States. Part XIVA – Tribunals. Part XV – Elections Part XVI– Special Provisions Relating to certain Classes. Part XVII– Languages Part XVIII – Emergency Provisions Part XIX – Miscellaneous Part XX – Amendment of the Constitution Part XXI – Temporary, Transitional and Special Provisions Part XXII – Short title, date of commencement,

Authoritative text in Hindi and Repeals

Part XII– Finance, Property, Contracts and Suits Part XIII – Trade and Commerce within the territory of

India Part XIV– Services Under the Union, the States. Part XIVA – Tribunals. Part XV – Elections Part XVI– Special Provisions Relating to certain Classes. Part XVII– Languages Part XVIII – Emergency Provisions Part XIX – Miscellaneous Part XX – Amendment of the Constitution Part XXI – Temporary, Transitional and Special Provisions Part XXII – Short title, date of commencement,

Authoritative text in Hindi and Repeals

Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.

First Schedule (Articles 1 and 4) - This lists the states and territories of India, lists any changes to their borders and the laws used to make that change.

Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221)- – This lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India.

Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)—Forms of Oaths – This lists the oaths of offices for elected officials and judges.

Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.

Fifth Schedule (Article 244(1)) – This provides for the administration and control of Scheduled Areas andScheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).

Sixth Schedule (Articles 244(2) and 275(1))— Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Seventh Schedule (Article 246) —The union (central government), state, and concurrent lists of responsibilities.

Eighth Schedule (Articles 344(1) and 351)—The official languages. Ninth Schedule (Article 31-B) – Validation of certain Acts and Regulations. Tenth Schedule (Articles 102(2) and 191(2))—"Anti-defection" provisions for Members of

Parliament and Members of the State Legislatures. Eleventh Schedule (Article 243-D) —Panchayat Raj (rural local government). Twelfth Schedule (Article 243-W) —Municipalities (urban local government).

Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.

First Schedule (Articles 1 and 4) - This lists the states and territories of India, lists any changes to their borders and the laws used to make that change.

Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221)- – This lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India.

Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)—Forms of Oaths – This lists the oaths of offices for elected officials and judges.

Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.

Fifth Schedule (Article 244(1)) – This provides for the administration and control of Scheduled Areas andScheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).

Sixth Schedule (Articles 244(2) and 275(1))— Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Seventh Schedule (Article 246) —The union (central government), state, and concurrent lists of responsibilities.

Eighth Schedule (Articles 344(1) and 351)—The official languages. Ninth Schedule (Article 31-B) – Validation of certain Acts and Regulations. Tenth Schedule (Articles 102(2) and 191(2))—"Anti-defection" provisions for Members of

Parliament and Members of the State Legislatures. Eleventh Schedule (Article 243-D) —Panchayat Raj (rural local government). Twelfth Schedule (Article 243-W) —Municipalities (urban local government).

These are the opening words of the preamble to the Indian Constitution

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and

worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and

the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of

November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

These are the opening words of the preamble to the Indian Constitution

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and

worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and

the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of

November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The enacting words, "We, the people of India ...in our constituent assembly ...do here by adopt, enact and give to ourselves this constitution", signify the democratic principle that power is ultimately rested in the hands of the people. It also emphasises that the constitution is made by and for the Indian people and not given to them by any outside power (such as the British Parliament). The phrase "we the people" emphasises the concept of popular sovereignty as laid down by J. J. Rousseau: All the power emanates from the people and the political system will be accountable and responsible to the people.

The enacting words, "We, the people of India ...in our constituent assembly ...do here by adopt, enact and give to ourselves this constitution", signify the democratic principle that power is ultimately rested in the hands of the people. It also emphasises that the constitution is made by and for the Indian people and not given to them by any outside power (such as the British Parliament). The phrase "we the people" emphasises the concept of popular sovereignty as laid down by J. J. Rousseau: All the power emanates from the people and the political system will be accountable and responsible to the people.

The word sovereign means supreme or independence. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people. She allies in peace and war. The Popular sovereignty is also one of the basic structure of constitution of India. Hence, Citizens of India also enjoy sovereign power to elect their representatives in elections held for parliament, state legislature and local bodies as well. People have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.

The word sovereign means supreme or independence. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people. She allies in peace and war. The Popular sovereignty is also one of the basic structure of constitution of India. Hence, Citizens of India also enjoy sovereign power to elect their representatives in elections held for parliament, state legislature and local bodies as well. People have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.

The word socialist was added to the Preamble by the Forty-second Amendment. It implies social and economic equality.

Social equality in this context means the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, or language. Under social equality, everyone has equal status and opportunities.

Economic equality in this context means that the government will endeavor to make the distribution of wealth more equal and provide a decent standard of living for all. This is in effect emphasized a commitment towards the formation of a welfare state. India has adopted a socialistic and mixed economy and the government has framed many laws to achieve the aim.

The word socialist was added to the Preamble by the Forty-second Amendment. It implies social and economic equality.

Social equality in this context means the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, or language. Under social equality, everyone has equal status and opportunities.

Economic equality in this context means that the government will endeavor to make the distribution of wealth more equal and provide a decent standard of living for all. This is in effect emphasized a commitment towards the formation of a welfare state. India has adopted a socialistic and mixed economy and the government has framed many laws to achieve the aim.

Secular means the relationship between the government and the people which is determined according to constitution and law. By the 42nd Amendment, the term "Secular" was also incorporated in the Preamble. Secularism is the basic structure of the Indian constitution. The Government respects all religions. It does not uplift or degrade any particular religion. There is no such thing as a state religion for India. In S.R. Bommai vs UOI (1994) The SC of India held "A state which does not recognise any religion as the state religion, it treats all religions equally". Positively, Indian secularism guarantees equal freedom to all religion. it stands for the right to freedom of religion for all citizens. Explaining the meaning of secularism as adopted by India, AlexandrOwics has written, "Secularism is a part of the basic of the Indian Constitution and it means equal freedom and respect for all religions."

Secular means the relationship between the government and the people which is determined according to constitution and law. By the 42nd Amendment, the term "Secular" was also incorporated in the Preamble. Secularism is the basic structure of the Indian constitution. The Government respects all religions. It does not uplift or degrade any particular religion. There is no such thing as a state religion for India. In S.R. Bommai vs UOI (1994) The SC of India held "A state which does not recognise any religion as the state religion, it treats all religions equally". Positively, Indian secularism guarantees equal freedom to all religion. it stands for the right to freedom of religion for all citizens. Explaining the meaning of secularism as adopted by India, AlexandrOwics has written, "Secularism is a part of the basic of the Indian Constitution and it means equal freedom and respect for all religions."

The first part of the preamble “We, the people of India” and, its last part “give to ourselves this Constitution” clearly indicate the democratic spirit involved even in the Constitution. India is a democracy. The people of India elect their governments at all levels (Union, State and local) by a system of universal adult franchise; popularly known as "one man one vote". Every citizen of India, who is 18 years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, colour, sex, Religious intolerance or education.

The first part of the preamble “We, the people of India” and, its last part “give to ourselves this Constitution” clearly indicate the democratic spirit involved even in the Constitution. India is a democracy. The people of India elect their governments at all levels (Union, State and local) by a system of universal adult franchise; popularly known as "one man one vote". Every citizen of India, who is 18 years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, colour, sex, Religious intolerance or education.

As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President of India is not hereditary. Every citizen of India is eligible to become the President of the country. The leader of the state is elected by the people.

As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President of India is not hereditary. Every citizen of India is eligible to become the President of the country. The leader of the state is elected by the people.

On 18 December 1976, during the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution. A committee under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience. Through this amendment the words "socialist" and "secular" were added between the words "sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".

The idea for the addition of 'socialist' was prompted by Indira Gandhi, as an ode to India's growing relationship with the erstwhile USSR.

On 18 December 1976, during the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution. A committee under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience. Through this amendment the words "socialist" and "secular" were added between the words "sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".

The idea for the addition of 'socialist' was prompted by Indira Gandhi, as an ode to India's growing relationship with the erstwhile USSR.

India is a federal union of states comprising twenty-nine states and seven union territories. The states and union territories are further subdivided into districts and further into smaller administrative divisions.

India is a federal union of states comprising twenty-nine states and seven union territories. The states and union territories are further subdivided into districts and further into smaller administrative divisions.

Features of the Indian Constitution 1. Fundamental Rights Justiciable in nature (i.e. they are legally enforceable by the

court of law) It promotes political democracy Not absolute in nature & have some restrictions Parliament can amend them but not those provisions that form

the “basic” structure of the constitution Suspended during National Emergency (Except Article 20 & 21)

-(Article 20 - Protection in respect of conviction for offences)-(Article 21 - Protection of life and personal liberty)

- See more at: http://www.erewise.com/current-affairs/salient-features-of-the-constitution-of-india_art52f4d21832d1e.html#.VIA6WdKUcqM

Features of the Indian Constitution 1. Fundamental Rights Justiciable in nature (i.e. they are legally enforceable by the

court of law) It promotes political democracy Not absolute in nature & have some restrictions Parliament can amend them but not those provisions that form

the “basic” structure of the constitution Suspended during National Emergency (Except Article 20 & 21)

-(Article 20 - Protection in respect of conviction for offences)-(Article 21 - Protection of life and personal liberty)

- See more at: http://www.erewise.com/current-affairs/salient-features-of-the-constitution-of-india_art52f4d21832d1e.html#.VIA6WdKUcqM

2. Fundamental DutiesNon-justiciable in nature (i.e. they are not legally enforceable by the court of law)Not present in the original constitution. (Added by 42nd Amendment Act, 1976 on the recommendation by Swaran Singh committee.)Reminds people that while enjoying rights they have some duties to do3. Directive Principles of State PolicyNon-justiciable in nature (i.e. they are not legally enforceable by the court of law)Ambedkar described it as “novel feature” of ConstitutionPromotes social and economic democracyAims to establish welfare state4. Lengthiest Written ConstitutionIndian constitution is the lengthiest written constitution so far. Reasons for such a vast length:

2. Fundamental DutiesNon-justiciable in nature (i.e. they are not legally enforceable by the court of law)Not present in the original constitution. (Added by 42nd Amendment Act, 1976 on the recommendation by Swaran Singh committee.)Reminds people that while enjoying rights they have some duties to do3. Directive Principles of State PolicyNon-justiciable in nature (i.e. they are not legally enforceable by the court of law)Ambedkar described it as “novel feature” of ConstitutionPromotes social and economic democracyAims to establish welfare state4. Lengthiest Written ConstitutionIndian constitution is the lengthiest written constitution so far. Reasons for such a vast length:

6. Rigidity and FlexibilityIndian Constitution is not very rigid as the US constitution nor it is as flexible as the British constitution.Synthesis of both7. Federal System with a strong centreIndian constitution establishes India as the federal system of government.Federal system means a political system where is there division of powers between centre and state.But Indian federal system is unique in itself as it has a strong centre.So, Indian Political structure can be rightly described as “federal system with strong centre”8. Three Tier GovernmentIndian constitution provides three tier government.Originally, it was two tier i.e. Centre and the StateBut by 73rd and 74th Amendment Act, 1992 three tier government has been established. (Centre, state & local self government)

6. Rigidity and FlexibilityIndian Constitution is not very rigid as the US constitution nor it is as flexible as the British constitution.Synthesis of both7. Federal System with a strong centreIndian constitution establishes India as the federal system of government.Federal system means a political system where is there division of powers between centre and state.But Indian federal system is unique in itself as it has a strong centre.So, Indian Political structure can be rightly described as “federal system with strong centre”8. Three Tier GovernmentIndian constitution provides three tier government.Originally, it was two tier i.e. Centre and the StateBut by 73rd and 74th Amendment Act, 1992 three tier government has been established. (Centre, state & local self government)

Sr. No.  Article Name of the Emergency  Description

1 Article 352 National EmergencyProclaimed on the ground of war or external aggression or armed rebellion

2 Article 356 State Emergency

Proclaimed on the ground that constitutional machinery has broken down in a state

3 Article 365 State Emergency

Proclaimed on the ground that a particular state has failed to follow the directions of the Centre

4 Article 360 Financial Emergency

Proclaimed on the ground that there is threat to the financial stability or Credit of India

9. Emergency Provisions 

-

Independent BodiesIndian0 overnment (Central and state) but also establishes certain independent bodies for effective & unbiased administration in certain areas.Examples of such independent bodies include Election Commission, Comptroller and Auditor General of India, Union Public Service Commission, State Public Service Commission, etc.11. Single Citizenship  : People of India have been given single citizenship even if any person belongs to different state in India.12. Universal Adult Franchise : Indian constitution adopts universal adult franchise as a basis of elections to the Lok Sabha and the state legislative assemblies. (Those above the age of 18 can vote)-

Independent BodiesIndian0 overnment (Central and state) but also establishes certain independent bodies for effective & unbiased administration in certain areas.Examples of such independent bodies include Election Commission, Comptroller and Auditor General of India, Union Public Service Commission, State Public Service Commission, etc.11. Single Citizenship  : People of India have been given single citizenship even if any person belongs to different state in India.12. Universal Adult Franchise : Indian constitution adopts universal adult franchise as a basis of elections to the Lok Sabha and the state legislative assemblies. (Those above the age of 18 can vote)-

13. Secular State : India has no official religion of the Indian State. Any person in India has the right to preach and practice religion of his choice.14. Integrated and independent judiciaryIndian judiciary is not controlled by the executive. It is independent in nature & has no control over it.Also, it is integrated & hierarchical in nature where Supreme Court is at the top followed by high court & then subordinate courts.15. Synthesis of Parliamentary Sovereignty and Judicial SupremacyIndian Constitution envisages for a synthesis of Parliamentary sovereignty and Judicial Supremacy.Supreme Court on one hand can declare parliamentary laws as unconstitutional (by judicial review). On the other hand, parliament can amend the major portion of the Constitution (by constitutional Amendment

13. Secular State : India has no official religion of the Indian State. Any person in India has the right to preach and practice religion of his choice.14. Integrated and independent judiciaryIndian judiciary is not controlled by the executive. It is independent in nature & has no control over it.Also, it is integrated & hierarchical in nature where Supreme Court is at the top followed by high court & then subordinate courts.15. Synthesis of Parliamentary Sovereignty and Judicial SupremacyIndian Constitution envisages for a synthesis of Parliamentary sovereignty and Judicial Supremacy.Supreme Court on one hand can declare parliamentary laws as unconstitutional (by judicial review). On the other hand, parliament can amend the major portion of the Constitution (by constitutional Amendment

16. Parliamentary form of governmentThe constitution of India envisages for the British Parliamentary system of government rather than American Presidential System of Government.The Parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs while the presidential system is based on the doctrine of separation of powers between the two organs

16. Parliamentary form of governmentThe constitution of India envisages for the British Parliamentary system of government rather than American Presidential System of Government.The Parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs while the presidential system is based on the doctrine of separation of powers between the two organs

Citizenship at the commencement of the constitution of India.

Persons domiciled in the territory of India as on 26 November 1949 automatically became Indian citizens by virtue of operation of the relevant provisions of the Indian Constitution coming into force, and most of these constitutional provisions came into force on 26 January 1950. The Constitution of India also made provision regarding citizenship for migrants from the territories of Pakistan which had been part of India before .

Citizenship at the commencement of the constitution of India.

Persons domiciled in the territory of India as on 26 November 1949 automatically became Indian citizens by virtue of operation of the relevant provisions of the Indian Constitution coming into force, and most of these constitutional provisions came into force on 26 January 1950. The Constitution of India also made provision regarding citizenship for migrants from the territories of Pakistan which had been part of India before .

Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth. In September 2013, Bombay High Court gave a judgement that a birth certificate, passport or even an Aadhaar card alone may not be enough to prove Indian citizenship,unless the parents are not Indian citizens.

Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth. In September 2013, Bombay High Court gave a judgement that a birth certificate, passport or even an Aadhaar card alone may not be enough to prove Indian citizenship,unless the parents are not Indian citizens.

Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

Persons born outside India on or after 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth.

From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth. In certain circumstances it is possible to register after 1 year with the permission of the Central Government. The application for registration of the birth of a minor child must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.

Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

Persons born outside India on or after 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth.

From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth. In certain circumstances it is possible to register after 1 year with the permission of the Central Government. The application for registration of the birth of a minor child must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.

The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to any of the following categories:

a person of Indian origin who is ordinarily resident in India for seven years before making application under section 5(1)(a) (throughout the period of twelve months immediately before making application and for six years in the aggregate in the eight years preceding the twelve months).

a person of Indian origin who is ordinarily resident in any country or place outside undivided India;

a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;

minor children of persons who are citizens of India; a person of full age and capacity whose parents are registered as citizens

of India. a person of full age and capacity who, or either of his parents, was earlier

citizen of independent India, and has been residing in India for one year immediately before making an application for registration;

a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.

The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to any of the following categories:

a person of Indian origin who is ordinarily resident in India for seven years before making application under section 5(1)(a) (throughout the period of twelve months immediately before making application and for six years in the aggregate in the eight years preceding the twelve months).

a person of Indian origin who is ordinarily resident in any country or place outside undivided India;

a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;

minor children of persons who are citizens of India; a person of full age and capacity whose parents are registered as citizens

of India. a person of full age and capacity who, or either of his parents, was earlier

citizen of independent India, and has been residing in India for one year immediately before making an application for registration;

a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.

Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and other qualifications as specified in Third Schedule to the Citizen Act.

Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and other qualifications as specified in Third Schedule to the Citizen Act.

Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition, any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he or she has the right to have his or her Indian citizenship restored. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity".

Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition, any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he or she has the right to have his or her Indian citizenship restored. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity".

Termination is covered in Section 9 of the Citizenship Act, 1955. The provisions for termination are separate and distinct from the provisions for making a declaration of renunciation

Termination is covered in Section 9 of the Citizenship Act, 1955. The provisions for termination are separate and distinct from the provisions for making a declaration of renunciation

Section 9 (1) of the act provides that any citizen of India who by naturalisation or registration acquires the citizenship of another country shall cease to be a citizen of India. Notably, the termination provision differs from the renunciation provision because it applies to "any citizen of India" and is not restricted to adults. Indian children therefore also automatically lose their claim to Indian citizenship if at any time after birth they acquire a citizenship of another country by, for example, naturalisation or registration — even if the acquisition of another citizenship was done as a result of actions by the child's parents.

Section 9 (1) of the act provides that any citizen of India who by naturalisation or registration acquires the citizenship of another country shall cease to be a citizen of India. Notably, the termination provision differs from the renunciation provision because it applies to "any citizen of India" and is not restricted to adults. Indian children therefore also automatically lose their claim to Indian citizenship if at any time after birth they acquire a citizenship of another country by, for example, naturalisation or registration — even if the acquisition of another citizenship was done as a result of actions by the child's parents.

In response to persistent demands for dual citizenship, particularly from the diaspora in North America and other developed countries, the Overseas Citizenship of India (OCI) scheme was introduced by amending The Citizenship Act, 1955 in August 2005. The scheme was launched during the Pravasi Bharatiya Divas convention at Hyderabad in 2006. Indian authorities have interpreted the law to mean a person cannot have a second country's passport simultaneously with an Indian one — even in the case of a child who is claimed by another country as a citizen of that country, and who may be required by the laws of the other country to use one of its passports for foreign travel (such as a child born in the United States or in Australia to Indian parents), and the Indian courts have given the executive branch wide discretion over this matter. Therefore, Overseas Citizenship of India is not an actual citizenship of India and thus, does not amount to dual citizenship or dual nationality. Moreover, the OCI card is not a substitute for an Indian visa and therefore, the passport which displays the lifetime visa must be carried by OCI holders while traveling to India.

In response to persistent demands for dual citizenship, particularly from the diaspora in North America and other developed countries, the Overseas Citizenship of India (OCI) scheme was introduced by amending The Citizenship Act, 1955 in August 2005. The scheme was launched during the Pravasi Bharatiya Divas convention at Hyderabad in 2006. Indian authorities have interpreted the law to mean a person cannot have a second country's passport simultaneously with an Indian one — even in the case of a child who is claimed by another country as a citizen of that country, and who may be required by the laws of the other country to use one of its passports for foreign travel (such as a child born in the United States or in Australia to Indian parents), and the Indian courts have given the executive branch wide discretion over this matter. Therefore, Overseas Citizenship of India is not an actual citizenship of India and thus, does not amount to dual citizenship or dual nationality. Moreover, the OCI card is not a substitute for an Indian visa and therefore, the passport which displays the lifetime visa must be carried by OCI holders while traveling to India.

The Central Indian Government, on application, may register any person as an Overseas Citizen of India if the person:-was a citizen of India on 26 January 1950 or at any time thereafter; orbelonged to a territory that became part of India after 15 August 1947; oris the child or grandchild of a person described above; andhas never been a citizen of Pakistan or Bangladesh; andhas had no involvement in serious offences like drug trafficking, moral turpitude, terrorist activities or anything leading to imprisonment of more than a year.Applicant's country of citizenship allows dual citizenship (even though OCI is not an actual Indian citizenship).

An Overseas Citizen of India will enjoy all rights and privileges available to Non-Resident Indians on a parity basis excluding the right to invest in agriculture and plantation properties or hold public office. It is very important that the person carry his existing foreign passport which should include the new visa called ‘U’ visa which is a multi-purpose, multiple-entry, lifelong visa. It will entitle the Overseas Citizen of India to visit the country at any time for any length of time and for any purpose. Any changes to the foreign passport, should be conveyed to the Indian Embassy, so that everything will be consistent.

Overseas citizens of India will not enjoy the following rights even if resident in India: (i) the right to vote, (ii) the right to hold the offices of President, Vice-President, Judge of Supreme Court and High Court, Member of Lok Sabha, Rajya Sabha, Legislative Assembly or Council, (iii) appointment to Public Services (Government Service). Also, Overseas Citizens of India are not eligible for an Inner Line Permit, and they have to apply for a protected area permit if they want to visit certain areas in India

An Overseas Citizen of India will enjoy all rights and privileges available to Non-Resident Indians on a parity basis excluding the right to invest in agriculture and plantation properties or hold public office. It is very important that the person carry his existing foreign passport which should include the new visa called ‘U’ visa which is a multi-purpose, multiple-entry, lifelong visa. It will entitle the Overseas Citizen of India to visit the country at any time for any length of time and for any purpose. Any changes to the foreign passport, should be conveyed to the Indian Embassy, so that everything will be consistent.

Overseas citizens of India will not enjoy the following rights even if resident in India: (i) the right to vote, (ii) the right to hold the offices of President, Vice-President, Judge of Supreme Court and High Court, Member of Lok Sabha, Rajya Sabha, Legislative Assembly or Council, (iii) appointment to Public Services (Government Service). Also, Overseas Citizens of India are not eligible for an Inner Line Permit, and they have to apply for a protected area permit if they want to visit certain areas in India

Acquiring Overseas citizenship of India prevents British nationals (Overseas) from registering as full British citizens under Section 4B of the British Nationality Act 1981 (which requires that nationals have no other citizenship in order to register).It does not prevent them from acquiring full British citizenship by a different method and it does not revoke their British citizenship if they have already registered under Section 4B.

Acquiring Overseas citizenship of India prevents British nationals (Overseas) from registering as full British citizens under Section 4B of the British Nationality Act 1981 (which requires that nationals have no other citizenship in order to register).It does not prevent them from acquiring full British citizenship by a different method and it does not revoke their British citizenship if they have already registered under Section 4B.

This is issued to any person currently holding foreign passport, who can prove their Indian origin up to three generations before. The same holds for spouses of Indian citizen or persons of Indian origin. Citizens of Pakistan, Bangladesh, and other countries as may be specified by the central government are not eligible for grant of Persons of Indian Origin card The PIO card must be produced alongside the foreign passport when entering or departing any port in India. Any changes in the foreign passport - name changes or passport renewal - must also be reflected in the PIO card.

A PIO card is generally valid for a period of fifteen years from the date of issue. It gives the holder the following benefits:

exemption from registration at a Foreigners' Regional Registration Office (FRRO) for periods of stay less than 180 days,

enjoy parity with non-resident Indians in economic, financial and educational fields,

acquire, hold, transfer, or dispose of immovable properties in India, except for agricultural properties,

open rupee bank accounts, lend in rupees to Indian residents, and make investments in India etc.,

being eligible for various housing schemes under the Life Insurance Corporation of India (LIC) or the central or State governments,

their children can obtain admission in educational institutions in India in the general category quota for non-resident Indians.

This is issued to any person currently holding foreign passport, who can prove their Indian origin up to three generations before. The same holds for spouses of Indian citizen or persons of Indian origin. Citizens of Pakistan, Bangladesh, and other countries as may be specified by the central government are not eligible for grant of Persons of Indian Origin card The PIO card must be produced alongside the foreign passport when entering or departing any port in India. Any changes in the foreign passport - name changes or passport renewal - must also be reflected in the PIO card.

A PIO card is generally valid for a period of fifteen years from the date of issue. It gives the holder the following benefits:

exemption from registration at a Foreigners' Regional Registration Office (FRRO) for periods of stay less than 180 days,

enjoy parity with non-resident Indians in economic, financial and educational fields,

acquire, hold, transfer, or dispose of immovable properties in India, except for agricultural properties,

open rupee bank accounts, lend in rupees to Indian residents, and make investments in India etc.,

being eligible for various housing schemes under the Life Insurance Corporation of India (LIC) or the central or State governments,

their children can obtain admission in educational institutions in India in the general category quota for non-resident Indians.

Possession of a PIO card will not entitle the holder to: being eligible for the exercise of any political rights visit restricted or protected areas without permission undertake mountaineering, research, and missionary

work without permission. In early 2011, the then Prime Minister of

India, Manmohan Singh, announced that the Person of Indian Origin card will be merged with the Overseas Citizen of India card. This new card is proposed to be called the Overseas Indian Card.

Possession of a PIO card will not entitle the holder to: being eligible for the exercise of any political rights visit restricted or protected areas without permission undertake mountaineering, research, and missionary

work without permission. In early 2011, the then Prime Minister of

India, Manmohan Singh, announced that the Person of Indian Origin card will be merged with the Overseas Citizen of India card. This new card is proposed to be called the Overseas Indian Card.

The Government of India (referred to as the Union Government) was established by the Constitution of India, and is the governing authority of a federal union of 29 states and 7 union territories.

The government of India is based on a tiered system, in which the Constitution of India delineates the subjects on which each tier of government has executive powers. The Constitution originally provided for a two-tier system of government, the Union Government (also known as the Central Government), representing the Union of India, and the State governments. Later, a third tier was added in the form of Panchayats and Municipalities. In the current arrangement, The Seventh Schedule of the Indian Constitution delimits the subjects of each level of governmental jurisdiction, dividing them into three lists:

Union List includes subjects of national importance such as defense of the country, foreign affairs, banking, communications and currency. The Union Government alone can make laws relating to the subjects mentioned in the Union List.

State List contains subjects of State and local importance such as police, trade, commerce, agriculture and irrigation. The State Governments alone can make laws relating to the subjects mentioned in the State List.

Concurrent List includes subjects of common interest to both the Union Government as well as the State Governments, such as education, forest, trade unions, marriage, adoption and succession. Both the Union as well as the State Governments can make laws on the subjects mentioned in this list. If their laws conflict with each other, the law made by the Union Government will prevail.

The Government of India (referred to as the Union Government) was established by the Constitution of India, and is the governing authority of a federal union of 29 states and 7 union territories.

The government of India is based on a tiered system, in which the Constitution of India delineates the subjects on which each tier of government has executive powers. The Constitution originally provided for a two-tier system of government, the Union Government (also known as the Central Government), representing the Union of India, and the State governments. Later, a third tier was added in the form of Panchayats and Municipalities. In the current arrangement, The Seventh Schedule of the Indian Constitution delimits the subjects of each level of governmental jurisdiction, dividing them into three lists:

Union List includes subjects of national importance such as defense of the country, foreign affairs, banking, communications and currency. The Union Government alone can make laws relating to the subjects mentioned in the Union List.

State List contains subjects of State and local importance such as police, trade, commerce, agriculture and irrigation. The State Governments alone can make laws relating to the subjects mentioned in the State List.

Concurrent List includes subjects of common interest to both the Union Government as well as the State Governments, such as education, forest, trade unions, marriage, adoption and succession. Both the Union as well as the State Governments can make laws on the subjects mentioned in this list. If their laws conflict with each other, the law made by the Union Government will prevail.

Concept of the stateConcept of the stateRight to equalityRight to equalityProtective discriminition and Protective discriminition and social justicesocial justice

Concept of the stateConcept of the stateRight to equalityRight to equalityProtective discriminition and Protective discriminition and social justicesocial justice

Article 12 Simply speaking, the 'State' includes: Government and Parliament of India i.e the

Executive and Legislature of the Union Government and Legislature of each State i.e the Executive and Legislature of the

various States of India All local or other authorities within the territory of India All local and other authorities who are under the control of the Government of

India The meaning of the three terms are different - Authorities, Local Authorities, Other

Authorities Whether or not a body is ‘state’ will have to be considered in each case, on the basis of the facts available, and considering whether the body is financially, functionally, and administratively dominated by or under the control of the government. The same definition of 'State' was again used in Article 36 that deals with the Directive Principles of State Policy under Part IV, unless otherwise the context requires. This definition of 'State' does not apply for Part XIV or other parts.

Article 12 Simply speaking, the 'State' includes: Government and Parliament of India i.e the

Executive and Legislature of the Union Government and Legislature of each State i.e the Executive and Legislature of the

various States of India All local or other authorities within the territory of India All local and other authorities who are under the control of the Government of

India The meaning of the three terms are different - Authorities, Local Authorities, Other

Authorities Whether or not a body is ‘state’ will have to be considered in each case, on the basis of the facts available, and considering whether the body is financially, functionally, and administratively dominated by or under the control of the government. The same definition of 'State' was again used in Article 36 that deals with the Directive Principles of State Policy under Part IV, unless otherwise the context requires. This definition of 'State' does not apply for Part XIV or other parts.

R D Shetty v International Airports Authority: International Airports Authority is held to be within the meaning of a 'State'Som Prakash Rekhi v Union of India: Bharat Petroleum Corporation is a Government company registered under the Companies Act and is within the meaning of a 'State'Ajay Hasia v Khalid Mujib: Regional Engineering College established under Societies Registration Act is within the meaning of a 'State'Tekraj Vasandi v Union of India, (1988) 1 SCC 236: Institute of Constitutional and Parliamentary Studies is not a 'State' for the purpose of writ jurisdiction.Unni Krishnan v State of AP: The scope of 'authority' when applied in the sense of Article 226 should be more liberal because High Courts deal with writs of non-fundamental right nature, unlike in the case of Article 32 where Supreme Court deals with writs of only fundamental right enforcement.Pradeed Kumar Biswas v Indian Institute of Chemical Biology: Overruling Sabhajit Tiwari v Union of India case that said CSIR is not a State, the SC has now held that CSIR is a 'State' Balmer Lawrie and Co and Others Vs Partha Sarathi Sen Roy and Others, Civil Appeal Jurisdiction, Civil Appeal No. 419-426 OF 2004, Supreme Court of India judgement dated February 20, 2013

R D Shetty v International Airports Authority: International Airports Authority is held to be within the meaning of a 'State'Som Prakash Rekhi v Union of India: Bharat Petroleum Corporation is a Government company registered under the Companies Act and is within the meaning of a 'State'Ajay Hasia v Khalid Mujib: Regional Engineering College established under Societies Registration Act is within the meaning of a 'State'Tekraj Vasandi v Union of India, (1988) 1 SCC 236: Institute of Constitutional and Parliamentary Studies is not a 'State' for the purpose of writ jurisdiction.Unni Krishnan v State of AP: The scope of 'authority' when applied in the sense of Article 226 should be more liberal because High Courts deal with writs of non-fundamental right nature, unlike in the case of Article 32 where Supreme Court deals with writs of only fundamental right enforcement.Pradeed Kumar Biswas v Indian Institute of Chemical Biology: Overruling Sabhajit Tiwari v Union of India case that said CSIR is not a State, the SC has now held that CSIR is a 'State' Balmer Lawrie and Co and Others Vs Partha Sarathi Sen Roy and Others, Civil Appeal Jurisdiction, Civil Appeal No. 419-426 OF 2004, Supreme Court of India judgement dated February 20, 2013

The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians, and prevent the State from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society. Seven fundamental rights were originally provided by the Constitution – right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.

The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians, and prevent the State from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society. Seven fundamental rights were originally provided by the Constitution – right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.

The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles based on equality of all members of society. They act as limitations on the powers of the legislature and executive, under Article 13,and in case of any violation of these rights the Supreme Court of India and the High Courts of the states have the power to declare such legislative or executive action as unconstitutional and void. These rights are largely enforceable against the State, which as per the wide definition provided in Article 12, includes not only the legislative and executive wings of the federal and state governments, but also local administrative authorities and other agencies and institutions which discharge public functions or are of a governmental character. However, there are certain rights – such as those in Articles 15, 17, 18, 23, 24 – that are also available against private individuals. Further, certain Fundamental Rights – including those under Articles 14, 20, 21, 25 – apply to persons of any nationality upon Indian soil, while others – such as those under Articles 15, 16, 19, 30 – are applicable only to citizens of India

The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles based on equality of all members of society. They act as limitations on the powers of the legislature and executive, under Article 13,and in case of any violation of these rights the Supreme Court of India and the High Courts of the states have the power to declare such legislative or executive action as unconstitutional and void. These rights are largely enforceable against the State, which as per the wide definition provided in Article 12, includes not only the legislative and executive wings of the federal and state governments, but also local administrative authorities and other agencies and institutions which discharge public functions or are of a governmental character. However, there are certain rights – such as those in Articles 15, 17, 18, 23, 24 – that are also available against private individuals. Further, certain Fundamental Rights – including those under Articles 14, 20, 21, 25 – apply to persons of any nationality upon Indian soil, while others – such as those under Articles 15, 16, 19, 30 – are applicable only to citizens of India

The Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of public interest. In the Kesavananda Bharati v. State of Kerala case in 1973,the Supreme Court, overruling a previous decision of 1967, held that the Fundamental Rights could be amended, subject to judicial review in case such an amendment violated the basic structure of the Constitution. The Fundamental Rights can be enhanced, removed or otherwise altered through aconstitutional amendment, passed by a two-thirds majority of each House of Parliament. The imposition of a state of emergency may lead to a temporary suspension any of the Fundamental Rights, excluding Articles 20 and 21, by order of the President. The President may, by order, suspend the right to constitutional remedies as well, thereby barring citizens from approaching the Supreme Court for the enforcement of any of the Fundamental Rights, except Articles 20 and 21, during the period of the emergency. Parliament may also restrict the application of the Fundamental Rights to members of the Indian Armed Forces and the police, in order to ensure proper discharge of their duties and the maintenance of discipline, by a law made under Article 33

The Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of public interest. In the Kesavananda Bharati v. State of Kerala case in 1973,the Supreme Court, overruling a previous decision of 1967, held that the Fundamental Rights could be amended, subject to judicial review in case such an amendment violated the basic structure of the Constitution. The Fundamental Rights can be enhanced, removed or otherwise altered through aconstitutional amendment, passed by a two-thirds majority of each House of Parliament. The imposition of a state of emergency may lead to a temporary suspension any of the Fundamental Rights, excluding Articles 20 and 21, by order of the President. The President may, by order, suspend the right to constitutional remedies as well, thereby barring citizens from approaching the Supreme Court for the enforcement of any of the Fundamental Rights, except Articles 20 and 21, during the period of the emergency. Parliament may also restrict the application of the Fundamental Rights to members of the Indian Armed Forces and the police, in order to ensure proper discharge of their duties and the maintenance of discipline, by a law made under Article 33

2 2 Fundamental RightsFundamental Rights2.1 Right to Equality2.1 Right to Equality2.2 Right to Freedom2.2 Right to Freedom2.3 Right against Exploitation2.3 Right against Exploitation2.4 Right to Freedom of Religion2.4 Right to Freedom of Religion2.5 Cultural and Educational Rights2.5 Cultural and Educational Rights2.6 Right to Constitutional 2.6 Right to Constitutional RemediesRemedies

2 2 Fundamental RightsFundamental Rights2.1 Right to Equality2.1 Right to Equality2.2 Right to Freedom2.2 Right to Freedom2.3 Right against Exploitation2.3 Right against Exploitation2.4 Right to Freedom of Religion2.4 Right to Freedom of Religion2.5 Cultural and Educational Rights2.5 Cultural and Educational Rights2.6 Right to Constitutional 2.6 Right to Constitutional RemediesRemedies

The Right to Equality is one of the chief guarantees of the Constitution. It is embodied in Articles 14–16, which collectively encompass the general principles of equality before law and non-discrimination, Articles 17–18 which collectively further the philosophy of social equality. Article 14 guarantees equality before law as well as equal protection of the law to all persons within the territory of India. This includes the equal subjection of all persons to the authority of law, as well as equal treatment of persons in similar circumstances. The latter permits the State to classify persons for legitimate purposes, provided there is a reasonable basis for the same, meaning that the classification is required to be non-arbitrary, based on a method of intelligible differentiation among those sought to be classified, as well as have a rational relation to the object sought to be achieved by the classification.

The Right to Equality is one of the chief guarantees of the Constitution. It is embodied in Articles 14–16, which collectively encompass the general principles of equality before law and non-discrimination, Articles 17–18 which collectively further the philosophy of social equality. Article 14 guarantees equality before law as well as equal protection of the law to all persons within the territory of India. This includes the equal subjection of all persons to the authority of law, as well as equal treatment of persons in similar circumstances. The latter permits the State to classify persons for legitimate purposes, provided there is a reasonable basis for the same, meaning that the classification is required to be non-arbitrary, based on a method of intelligible differentiation among those sought to be classified, as well as have a rational relation to the object sought to be achieved by the classification.

Article 15 prohibits discrimination on the grounds only of religion, race, caste, sex, place of birth, or any of them. This right can be enforced against the State as well as private individuals, with regard to free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds. However, the State is not precluded from making special provisions for women and children or any socially and educationally backward classes of citizens, including the Scheduled Castes and Scheduled Tribes. This exception has been provided since the classes of people mentioned therein are considered deprived and in need of special protection. Article 16 guarantees equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or any of them. It creates exceptions for the implementation of measures of affirmative action for the benefit of any backward class of citizens in order to ensure adequate representation in public service, as well as reservation of an office of any religious institution for a person professing that particular religion

Article 15 prohibits discrimination on the grounds only of religion, race, caste, sex, place of birth, or any of them. This right can be enforced against the State as well as private individuals, with regard to free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds. However, the State is not precluded from making special provisions for women and children or any socially and educationally backward classes of citizens, including the Scheduled Castes and Scheduled Tribes. This exception has been provided since the classes of people mentioned therein are considered deprived and in need of special protection. Article 16 guarantees equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or any of them. It creates exceptions for the implementation of measures of affirmative action for the benefit of any backward class of citizens in order to ensure adequate representation in public service, as well as reservation of an office of any religious institution for a person professing that particular religion

The practice of untouchability has been declared an offence punishable by law under Article 17, and the Protection of Civil Rights Act, 1955 has been enacted by the Parliament to further this objective. Article 18 prohibits the State from conferring any titles other than military or academic distinctions, and the citizens of India cannot accept titles from a foreign state. Thus, Indian aristocratic titles and titles of nobility conferred by the British have been abolished. However, awards such as the Bharat Ratna have been held to be valid by the Supreme Court on the ground that they are merely decorations and cannot be used by the recipient as a title.

The practice of untouchability has been declared an offence punishable by law under Article 17, and the Protection of Civil Rights Act, 1955 has been enacted by the Parliament to further this objective. Article 18 prohibits the State from conferring any titles other than military or academic distinctions, and the citizens of India cannot accept titles from a foreign state. Thus, Indian aristocratic titles and titles of nobility conferred by the British have been abolished. However, awards such as the Bharat Ratna have been held to be valid by the Supreme Court on the ground that they are merely decorations and cannot be used by the recipient as a title.

RIGHT TO FREEDOMRIGHT TO FREEDOMRIGHT TO FREEDOM OF RIGHT TO FREEDOM OF RELIGION &PROTICTION RELIGION &PROTICTION OF MINORTIES , CULTURAL OF MINORTIES , CULTURAL AND EDUCATIONAL RIGHT AND EDUCATIONAL RIGHT

RIGHT TO FREEDOMRIGHT TO FREEDOMRIGHT TO FREEDOM OF RIGHT TO FREEDOM OF RELIGION &PROTICTION RELIGION &PROTICTION OF MINORTIES , CULTURAL OF MINORTIES , CULTURAL AND EDUCATIONAL RIGHT AND EDUCATIONAL RIGHT

The Right to Freedom is covered in Articles 19–22, with the view of guaranteeing individual rights that were considered vital by the framers of the Constitution, and these Articles also include certain restrictions that may be imposed by the State on individual liberty under specified conditions. Article 19 guarantees six freedoms in the nature of civil rights, which are available only to citizens of India. These include the freedom of speech and expression, freedom of assembly, freedom of association without arms, freedom of movement throughout the territory of India, freedom to reside and settle in any part of the country of India and the freedom to practise any profession. All these freedoms are subject to reasonable restrictions that may imposed on them by the State, listed under Article 19 itself. The grounds for imposing these restrictions vary according to the freedom sought to be restricted, and include national security, public order, decency and morality, contempt of court, incitement to offences, and defamation. The State is also empowered, in the interests of the general public to nationalise any trade, industry or service to the exclusion of the citizens.

The Right to Freedom is covered in Articles 19–22, with the view of guaranteeing individual rights that were considered vital by the framers of the Constitution, and these Articles also include certain restrictions that may be imposed by the State on individual liberty under specified conditions. Article 19 guarantees six freedoms in the nature of civil rights, which are available only to citizens of India. These include the freedom of speech and expression, freedom of assembly, freedom of association without arms, freedom of movement throughout the territory of India, freedom to reside and settle in any part of the country of India and the freedom to practise any profession. All these freedoms are subject to reasonable restrictions that may imposed on them by the State, listed under Article 19 itself. The grounds for imposing these restrictions vary according to the freedom sought to be restricted, and include national security, public order, decency and morality, contempt of court, incitement to offences, and defamation. The State is also empowered, in the interests of the general public to nationalise any trade, industry or service to the exclusion of the citizens.

The constitution of India does not specifically mention the freedom of press. Freedom of press is implied from the Article 19(1)(a) of the Constitution. Thus the press is subject to the restrictions that are provided under the Article 19(2) of the Constitution. Before Independence, there was no constitutional or statutory provision to protect the freedom of press. As observed by the Privy Council in Channing Arnold v. King Emperor: “The freedom of the journalist is an ordinary part of the freedom of the subject and to whatever length, the subject in general may go, so also may the journalist, but apart from statute his privilege is no other and no higher. The range of his assertions, his criticisms or his comments is as wide as, and no wider than that of any other subject”. The Preamble of the Indian Constitution ensures to all its citizens the liberty of expression. Freedom of the press has been included as part of freedom of speech and expression under the Article 19 of the UDHR. The heart of the Article 19 says: “Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

The constitution of India does not specifically mention the freedom of press. Freedom of press is implied from the Article 19(1)(a) of the Constitution. Thus the press is subject to the restrictions that are provided under the Article 19(2) of the Constitution. Before Independence, there was no constitutional or statutory provision to protect the freedom of press. As observed by the Privy Council in Channing Arnold v. King Emperor: “The freedom of the journalist is an ordinary part of the freedom of the subject and to whatever length, the subject in general may go, so also may the journalist, but apart from statute his privilege is no other and no higher. The range of his assertions, his criticisms or his comments is as wide as, and no wider than that of any other subject”. The Preamble of the Indian Constitution ensures to all its citizens the liberty of expression. Freedom of the press has been included as part of freedom of speech and expression under the Article 19 of the UDHR. The heart of the Article 19 says: “Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

In Romesh Thapar v. State of Madras, Patanjali Shastri, CJ observed: “ Freedom of speech and of the press lay at the foundation of all democratic organisations, for without free political discussion no public education, so essential for the proper functioning of the process of popular government, is possible.”The Supreme Court observed in Union of India v. Assn. for Democratic Reforms: “Onesided information, disinformation, misinformation and non-information, all equally create an uninformed citizenry which makes democracy a farce. Freedom of speech and expression includes right to impart and receive information which includes freedom to hold opinions”.In Indian Express v. Union of India it has been held that the press plays a very significant role in the democratic machinery. The courts have duty to uphold the freedom of press and invalidate all laws and administrative actions that abridge that freedom. Freedom of press has three essential elements. They are:1. freedom of access to all sources of information, 2. freedom of publication, and 3. freedom of circulation.

In Romesh Thapar v. State of Madras, Patanjali Shastri, CJ observed: “ Freedom of speech and of the press lay at the foundation of all democratic organisations, for without free political discussion no public education, so essential for the proper functioning of the process of popular government, is possible.”The Supreme Court observed in Union of India v. Assn. for Democratic Reforms: “Onesided information, disinformation, misinformation and non-information, all equally create an uninformed citizenry which makes democracy a farce. Freedom of speech and expression includes right to impart and receive information which includes freedom to hold opinions”.In Indian Express v. Union of India it has been held that the press plays a very significant role in the democratic machinery. The courts have duty to uphold the freedom of press and invalidate all laws and administrative actions that abridge that freedom. Freedom of press has three essential elements. They are:1. freedom of access to all sources of information, 2. freedom of publication, and 3. freedom of circulation.

In India, the press has not been able to practise its freedom to express the popular views. In Sakal Papers Ltd. v. Union of India, the Daily Newspapers (Price and Page) Order, 1960, which fixed the number of pages and size which a newspaper could publish at a price was held to be violative of freedom of press and not a reasonable restriction under the Article 19(2). Similarly, in Bennett Coleman and Co. v. Union of India, the validity of the Newsprint Control Order, which fixed the maximum number of pages, was struck down by the Supreme Court of India holding it to be violative of provision of Article 19(1)(a) and not to be reasonable restriction under Article 19(2). The Court struck down the rebuttal of the Government that it would help small newspapers to grow.In Romesh Thapar v. State of Madras (1950 SCR 594, 607; AIR 1950 SC 124), entry and circulation of the English journal "Cross Road", printed and published in Bombay, was banned by the Government of Madras. The same was held to be violative of the freedom of speech and expression, as “without liberty of circulation, publication would be of little value”. In Prabha Dutt v. Union of India ((1982) 1 SCC 1; AIR 1982 SC 6.), the Supreme Court directed the Superintendent of Tihar Jail to allow representatives of a few newspapers to interview Ranga and Billa, the death sentence convicts, as they wanted to be interviewed.

In India, the press has not been able to practise its freedom to express the popular views. In Sakal Papers Ltd. v. Union of India, the Daily Newspapers (Price and Page) Order, 1960, which fixed the number of pages and size which a newspaper could publish at a price was held to be violative of freedom of press and not a reasonable restriction under the Article 19(2). Similarly, in Bennett Coleman and Co. v. Union of India, the validity of the Newsprint Control Order, which fixed the maximum number of pages, was struck down by the Supreme Court of India holding it to be violative of provision of Article 19(1)(a) and not to be reasonable restriction under Article 19(2). The Court struck down the rebuttal of the Government that it would help small newspapers to grow.In Romesh Thapar v. State of Madras (1950 SCR 594, 607; AIR 1950 SC 124), entry and circulation of the English journal "Cross Road", printed and published in Bombay, was banned by the Government of Madras. The same was held to be violative of the freedom of speech and expression, as “without liberty of circulation, publication would be of little value”. In Prabha Dutt v. Union of India ((1982) 1 SCC 1; AIR 1982 SC 6.), the Supreme Court directed the Superintendent of Tihar Jail to allow representatives of a few newspapers to interview Ranga and Billa, the death sentence convicts, as they wanted to be interviewed.

RestrictionsRestrictions

Under Indian law, the freedom of speech and of the press do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian constitution enables the legislature to impose certain restrictions on free speech under following heads:I. security of the State,II. friendly relations with foreign States,III. public order,IV. decency and morality,V. contempt of court,VI. defamation,VII. incitement to an offence, andVIII. sovereignty and integrity of India.

RestrictionsRestrictions

Under Indian law, the freedom of speech and of the press do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian constitution enables the legislature to impose certain restrictions on free speech under following heads:I. security of the State,II. friendly relations with foreign States,III. public order,IV. decency and morality,V. contempt of court,VI. defamation,VII. incitement to an offence, andVIII. sovereignty and integrity of India.

The Right to Freedom of Religion, covered in Articles 25–28, provides religious freedom to all citizens and ensures a secular state in India. According to the Constitution, there is no official State religion, and the State is required to treat all religions impartially and neutrally Article 25 guarantees all persons the freedom of conscience and the right to preach, practice and propagate any religion of their choice. This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform.  The right to propagate, however, does not include the right to convert another individual, since it would amount to an infringement of the other's right to freedom of conscience.  Article 26 guarantees all religious denominations and sects, subject to public order, morality and health, to manage their own affairs in matters of religion, set up institutions of their own for charitable or religious purposes, and own, acquire and manage property in accordance with law. 

The Right to Freedom of Religion, covered in Articles 25–28, provides religious freedom to all citizens and ensures a secular state in India. According to the Constitution, there is no official State religion, and the State is required to treat all religions impartially and neutrally Article 25 guarantees all persons the freedom of conscience and the right to preach, practice and propagate any religion of their choice. This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform.  The right to propagate, however, does not include the right to convert another individual, since it would amount to an infringement of the other's right to freedom of conscience.  Article 26 guarantees all religious denominations and sects, subject to public order, morality and health, to manage their own affairs in matters of religion, set up institutions of their own for charitable or religious purposes, and own, acquire and manage property in accordance with law. 

These provisions do not derogate from the State's power to acquire property belonging to a religious denomination. The State is also empowered to regulate any economic, political or other secular activity associated with religious practice. Article 27 guarantees that no person can be compelled to pay taxes for the promotion of any particular religion or religious institution. Article 28 prohibits religious instruction in a wholly State-funded educational institution, and educational institutions receiving aid from the State cannot compel any of their members to receive religious instruction or attend religious worship without their (or their guardian's) consent.

These provisions do not derogate from the State's power to acquire property belonging to a religious denomination. The State is also empowered to regulate any economic, political or other secular activity associated with religious practice. Article 27 guarantees that no person can be compelled to pay taxes for the promotion of any particular religion or religious institution. Article 28 prohibits religious instruction in a wholly State-funded educational institution, and educational institutions receiving aid from the State cannot compel any of their members to receive religious instruction or attend religious worship without their (or their guardian's) consent.

The Cultural and Educational rights, given in Articles 29 and 30, are measures to protect the rights of cultural, linguistic and religious minorities, by enabling them to conserve their heritage and protecting them against discrimination. Article 29 grants any section of citizens having a distinct language, script culture of its own, the right to conserve and develop the same, and thus safeguards the rights of minorities by preventing the State from imposing any external culture on them. It also prohibits discrimination against any citizen for admission into any educational institutions maintained or aided by the State, on the grounds only of religion, race, caste, language or any of them. However, this is subject to reservation of a reasonable number of seats by the State for socially and educationally backward classes, as well as reservation of up to 50 percent of seats in any educational institution run by a minority community for citizens belonging to that community.

Article 30 confers upon all religious and linguistic minorities the right to set up and administer educational institutions of their choice in order to preserve and develop their own culture, and prohibits the State, while granting aid, from discriminating against any institution on the basis of the fact that it is administered by a religious or cultural minority. The term "minority", while not defined in the Constitution, has been interpreted by the Supreme Court to mean any community which numerically forms less than 50% of the population of the state in which it seeks to avail the right under Article 30. In order to claim the right, it is essential that the educational institution must have been established as well as administered by a religious or linguistic minority. Further, the right under Article 30 can be availed of even if the educational institution established does not confine itself to the teaching of the religion or language of the minority concerned, or a majority of students in that institution do not belong to such minority. This right is subject to the power of the State to impose reasonable regulations regarding educational standards, conditions of service of employees, fee structure, and the utilisation of any aid granted by it.

Article 30 confers upon all religious and linguistic minorities the right to set up and administer educational institutions of their choice in order to preserve and develop their own culture, and prohibits the State, while granting aid, from discriminating against any institution on the basis of the fact that it is administered by a religious or cultural minority. The term "minority", while not defined in the Constitution, has been interpreted by the Supreme Court to mean any community which numerically forms less than 50% of the population of the state in which it seeks to avail the right under Article 30. In order to claim the right, it is essential that the educational institution must have been established as well as administered by a religious or linguistic minority. Further, the right under Article 30 can be availed of even if the educational institution established does not confine itself to the teaching of the religion or language of the minority concerned, or a majority of students in that institution do not belong to such minority. This right is subject to the power of the State to impose reasonable regulations regarding educational standards, conditions of service of employees, fee structure, and the utilisation of any aid granted by it.

PERSONAL LIBERTYPERSONAL LIBERTY RIGHT OF AN ACCUSED RIGHT OF AN ACCUSED RIGHT TO LIFE AND PERSONAL RIGHT TO LIFE AND PERSONAL LIBERTYLIBERTY

PREVENTIVE DETENTION AND PREVENTIVE DETENTION AND ITS CONSTITUTIONAL POLICIES ITS CONSTITUTIONAL POLICIES

CONTITUTIONAL REMEDIES CONTITUTIONAL REMEDIES

PERSONAL LIBERTYPERSONAL LIBERTY RIGHT OF AN ACCUSED RIGHT OF AN ACCUSED RIGHT TO LIFE AND PERSONAL RIGHT TO LIFE AND PERSONAL LIBERTYLIBERTY

PREVENTIVE DETENTION AND PREVENTIVE DETENTION AND ITS CONSTITUTIONAL POLICIES ITS CONSTITUTIONAL POLICIES

CONTITUTIONAL REMEDIES CONTITUTIONAL REMEDIES

Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence

(2)  No person shall be prosecuted and punished for the same offence more than once

(3) No person accused of any offence shall be compelled to be a witness against himself

Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence

(2)  No person shall be prosecuted and punished for the same offence more than once

(3) No person accused of any offence shall be compelled to be a witness against himself

Art. 21 read “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Art. 21 read “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Thus the article expressly forbids the executive from interfering with the life and liberty of the individuals without the authority of law. This article secures for Indian citizens same rights which the British citizens derive from the famous Magna Carta. Art. 21 oblige the executive to observe the “forms and rules of law when depriving individuals of their rights to life or liberty.” Besides Art 21 individual liberty is also protected by courts by means of writ of Habeas Corpus issued under Arts 32 and 226.But right to liberty can nowhere be absolute. In the U. S. A., the executive may impinge upon individual liberty if it acts in accordance with “due process of law.” In the U. S. A. the Supreme Court examines the constitutional validity of the law under which executive actions are taken. Executive actions are valid only if the law is constitutional. Thus the “due process” restrains both the executive and the legislature. But in India executive actions in encroaching upon an individual’s liberty is to be confined only within the “procedure established by law.” The Indian Courts do not exercise the right of judicial review over criminal laws. That was the view taken by the Indian Supreme Court in the famous case of A. K. Gopalan vs. the State of Madras. Under this view Indian Courts could restrain only arbitrary executive action but not arbitrary legislation.

Thus the article expressly forbids the executive from interfering with the life and liberty of the individuals without the authority of law. This article secures for Indian citizens same rights which the British citizens derive from the famous Magna Carta. Art. 21 oblige the executive to observe the “forms and rules of law when depriving individuals of their rights to life or liberty.” Besides Art 21 individual liberty is also protected by courts by means of writ of Habeas Corpus issued under Arts 32 and 226.But right to liberty can nowhere be absolute. In the U. S. A., the executive may impinge upon individual liberty if it acts in accordance with “due process of law.” In the U. S. A. the Supreme Court examines the constitutional validity of the law under which executive actions are taken. Executive actions are valid only if the law is constitutional. Thus the “due process” restrains both the executive and the legislature. But in India executive actions in encroaching upon an individual’s liberty is to be confined only within the “procedure established by law.” The Indian Courts do not exercise the right of judicial review over criminal laws. That was the view taken by the Indian Supreme Court in the famous case of A. K. Gopalan vs. the State of Madras. Under this view Indian Courts could restrain only arbitrary executive action but not arbitrary legislation.

This view prevailed till 1978 when in the case of Maneka vs. Union of India; the Supreme Court held that procedure for depriving individual liberty in a law must not be “arbitrary, unfair or unreasonable.” The position today is, the courts not only restrain arbitrary action of the executive, they also examine whether the laws providing for curtailment of liberty are “arbitrary, unfair or unreasonable.”

This view prevailed till 1978 when in the case of Maneka vs. Union of India; the Supreme Court held that procedure for depriving individual liberty in a law must not be “arbitrary, unfair or unreasonable.” The position today is, the courts not only restrain arbitrary action of the executive, they also examine whether the laws providing for curtailment of liberty are “arbitrary, unfair or unreasonable.”

The Right to Constitutional Remedies empowers citizens to approach the Supreme Court of India to seek enforcement, or protection against infringement, of their Fundamental Rights. Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself, for enforcement of all the other Fundamental Rights, and the Supreme Court is designated as the protector of these rights by the Constitution. The Supreme Court has been empowered to issue writs, namely habeas corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226 – which is not a Fundamental Right in itself – to issue these prerogative writs even in cases not involving the violation of Fundamental Rights. The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, award compensation as well to the affected individual. Exercise of jurisdiction by the Supreme Court can also be suo motu or on the basis of a public interest litigation. This right cannot be suspended, except under the provisions of Article 359 when a state of emergency is declared.

DIRECTIVE PRINCIPAL OF STATE DIRECTIVE PRINCIPAL OF STATE POLICYPOLICY

RELATIONSHIP BETWEEM RELATIONSHIP BETWEEM FUNDAMENTAL RIGHTS & DIRECTIVE FUNDAMENTAL RIGHTS & DIRECTIVE PRINCIPAL OF STATE POLICY PRINCIPAL OF STATE POLICY

FUNDAMENTAL DUTIES FUNDAMENTAL DUTIES PROBLEMS OF UNIFORM CIVIL CODE PROBLEMS OF UNIFORM CIVIL CODE ECONOMIC JUSTIC ECONOMIC JUSTIC

DIRECTIVE PRINCIPAL OF STATE DIRECTIVE PRINCIPAL OF STATE POLICYPOLICY

RELATIONSHIP BETWEEM RELATIONSHIP BETWEEM FUNDAMENTAL RIGHTS & DIRECTIVE FUNDAMENTAL RIGHTS & DIRECTIVE PRINCIPAL OF STATE POLICY PRINCIPAL OF STATE POLICY

FUNDAMENTAL DUTIES FUNDAMENTAL DUTIES PROBLEMS OF UNIFORM CIVIL CODE PROBLEMS OF UNIFORM CIVIL CODE ECONOMIC JUSTIC ECONOMIC JUSTIC

The Directive Principles of State Policy are guidelines/principles given to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhism; and relate to social justice, economic welfare, foreign policy, and legal and administrative matters.

The Directive Principles of State Policy are guidelines/principles given to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhism; and relate to social justice, economic welfare, foreign policy, and legal and administrative matters.

DPSPs aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state. They act as a check on the government, theorized as a yardstick in the hands of the people to measure the performance of the government and vote it out of power if it does not fulfill the promises made during the elections. The Directive Principles are non-justiciable rights of the people. Article 31-C, inserted by the 25th Amendment Act of 1971 seeks to upgrade the Directive Principles. If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. In case of a conflict between Fundamental Rights and DPSP's, if the DPSP aims at promoting larger interest of the society, the courts shall have to uphold the case in favour of the DPSP. The Directive Principles, though not justiciable, are fundamental in the governance of the country. It shall be the duty of the State to apply these principles in making laws. Besides, all executive agencies should also be guided by these principles. Even the judiciary has to keep them in mind in deciding cases.

DPSPs aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state. They act as a check on the government, theorized as a yardstick in the hands of the people to measure the performance of the government and vote it out of power if it does not fulfill the promises made during the elections. The Directive Principles are non-justiciable rights of the people. Article 31-C, inserted by the 25th Amendment Act of 1971 seeks to upgrade the Directive Principles. If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. In case of a conflict between Fundamental Rights and DPSP's, if the DPSP aims at promoting larger interest of the society, the courts shall have to uphold the case in favour of the DPSP. The Directive Principles, though not justiciable, are fundamental in the governance of the country. It shall be the duty of the State to apply these principles in making laws. Besides, all executive agencies should also be guided by these principles. Even the judiciary has to keep them in mind in deciding cases.

ARTICLE 36. Definition. 37. Application of the principles contained

in this Part. 38. State to secure a social order for the

promotion of welfare of the people. 39A. Equal justice and free legal aid 40. Organisation of village panchayats. 41. Right to work, to education and to

public assistance in certain cases. 42. Provision for just and humane

conditions of work and maternity relief. 43. Living wage, etc., for workers.

ARTICLE 36. Definition. 37. Application of the principles contained

in this Part. 38. State to secure a social order for the

promotion of welfare of the people. 39A. Equal justice and free legal aid 40. Organisation of village panchayats. 41. Right to work, to education and to

public assistance in certain cases. 42. Provision for just and humane

conditions of work and maternity relief. 43. Living wage, etc., for workers.

43A. Participation of workers in management of industries.44. Uniform civil code for the citizens.45. Provision for free and compulsory education for children.46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.48. Organisation of agriculture and animal husbandry.48A. Protection and improvement of environment and safeguarding of forests and wild life.49. Protection of monuments and places and objects of national importance.50. Separation of judiciary from executive.51. Promotion of international peace and security

43A. Participation of workers in management of industries.44. Uniform civil code for the citizens.45. Provision for free and compulsory education for children.46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.48. Organisation of agriculture and animal husbandry.48A. Protection and improvement of environment and safeguarding of forests and wild life.49. Protection of monuments and places and objects of national importance.50. Separation of judiciary from executive.51. Promotion of international peace and security

The inter-relationship doctrine between fundamental rights and directive principles of state policy is not only theoretical but also practical and rewarding. Fundamental rights provide for political freedoms to the citizens by protecting them against excessive state action while directive principles are to securing social and economic freedom by appropriated action both are inspiration of reform legislation. The fundamental rights should be interpreted in the light of directive principles to observe the limits set by directive principles in the scope of the fundamental rights. For example article 39, 39-A can be interpreted with article 21 of the constitution and article 46 can be interpreted with article 29 and 30 of the constitution.

The judicial attitude has undergone transformation where courts are very active to uphold the fundamental rights enshrined in the constitution thereby interpreting the provisions of part-IV i.e. Directive Principles of State Policy. Initially, the courts adopted a strict and literal legal position in interpreting part-III with part-IV of the constitution which is reflected in State of Madras V/S Champakam Dorairajan. It was held in case of conflict between part-III and part –IV the fundamental rights will prevail. In the course of time, change came over the judicial attitude as the apex court views the interplay between part-III and part-IV in different manner from that of Champakam Dorairajan’s case and held that there is good deal of value for directive principles of state policy from legal point of view and started to have harmonize between the two parts of constitution. The author has made an attempt to show core area of interaction part-III and Part-IV in the above paragraphs of this article. In the recent decisions of the apex and high courts there has been a changing trend by making a harmonious construction between part-III and part-IV of the constitution making directive principles of state policy justifiable and enforceable on par with fundamental rights of the constitution.

The inter-relationship doctrine between fundamental rights and directive principles of state policy is not only theoretical but also practical and rewarding. Fundamental rights provide for political freedoms to the citizens by protecting them against excessive state action while directive principles are to securing social and economic freedom by appropriated action both are inspiration of reform legislation. The fundamental rights should be interpreted in the light of directive principles to observe the limits set by directive principles in the scope of the fundamental rights. For example article 39, 39-A can be interpreted with article 21 of the constitution and article 46 can be interpreted with article 29 and 30 of the constitution.

The judicial attitude has undergone transformation where courts are very active to uphold the fundamental rights enshrined in the constitution thereby interpreting the provisions of part-IV i.e. Directive Principles of State Policy. Initially, the courts adopted a strict and literal legal position in interpreting part-III with part-IV of the constitution which is reflected in State of Madras V/S Champakam Dorairajan. It was held in case of conflict between part-III and part –IV the fundamental rights will prevail. In the course of time, change came over the judicial attitude as the apex court views the interplay between part-III and part-IV in different manner from that of Champakam Dorairajan’s case and held that there is good deal of value for directive principles of state policy from legal point of view and started to have harmonize between the two parts of constitution. The author has made an attempt to show core area of interaction part-III and Part-IV in the above paragraphs of this article. In the recent decisions of the apex and high courts there has been a changing trend by making a harmonious construction between part-III and part-IV of the constitution making directive principles of state policy justifiable and enforceable on par with fundamental rights of the constitution.

Art. 51A, Part IVA of the Indian Constitution, specifies the list of fundamental duties of the citizens. It says “it shall be the duty of every citizen of India:

to abide by the constitution and respect its ideal and institutions; to cherish and follow the noble ideals which inspired our national struggle for

freedom; to uphold and protect the sovereignty, unity and integrity of India; to defend the country and render national service when called upon to do so; to promote harmony and the spirit of common brotherhood amongst all the

people of India transcending religious, linguistic and regional diversities, to renounce practices derogatory to the dignity of women;

to value and preserve the rich heritage of our composite culture; to protect and improve the natural environment including forests, lakes, rivers,

and wild-life and to have compassion for living creatures; to develop the scientific temper, humanism and the spirit of inquiry and reform; to safeguard public property and to abjure violence; to strive towards excellence in all spheres of individual and collective activity,

so that the nation constantly rises to higher levels of endeavor and achievement.

who is a parent or guardian , to provide opportunities for education to his child, or as the case may be, ward     between the age of six and fourteen years.

Uniform civil code in India is the debate to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen. These laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Article 44 of the Directive Principles in India sets its implementation as duty of the State. Apart from being an important issue regarding secularism in India, it became one of the most controversial topics in contemporary politics during the Shah Bano case in 1985. The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law and remains unreformed since 1937, permitting unilateral divorce and polygamy in the country.

The Bano case made it a politicised public issue focused on identity politics—by means of attacking specific religious minorities versus protecting its cultural identity. In contemporary politics, the Hindu right-wing Bharatiya Janta Party and the Left support it while the Congress Party and All India Muslim Personal Law Board oppose it. Goa has a common family law, thus being the only Indian state to have a uniform civil code. The Special Marriage Act, 1954 permits any citizen to have a civil marriage outside the realm of any specific religious personal law.

Uniform civil code in India is the debate to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen. These laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Article 44 of the Directive Principles in India sets its implementation as duty of the State. Apart from being an important issue regarding secularism in India, it became one of the most controversial topics in contemporary politics during the Shah Bano case in 1985. The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law and remains unreformed since 1937, permitting unilateral divorce and polygamy in the country.

The Bano case made it a politicised public issue focused on identity politics—by means of attacking specific religious minorities versus protecting its cultural identity. In contemporary politics, the Hindu right-wing Bharatiya Janta Party and the Left support it while the Congress Party and All India Muslim Personal Law Board oppose it. Goa has a common family law, thus being the only Indian state to have a uniform civil code. The Special Marriage Act, 1954 permits any citizen to have a civil marriage outside the realm of any specific religious personal law.

Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. The British feared opposition from community leaders and refrained from further interfering within this domestic sphere. The demand for a uniform civil code was first put forward by women activists in the beginning of the twentieth century, with the objective of women's rights, equality and secularism. Till Independence in 1947, a few law reforms were passed to improve the condition of women, especially Hindu widows. In 1956, the Indian Parliament passed Hindu Code Bill amidst significant opposition. Though a demand for a uniform civil code was made by Prime Minister Jawaharlal Nehru, his supporters and women activists, they had to finally accept the compromise of it being added to the Directive Principles because of heavy opposition.

Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. The British feared opposition from community leaders and refrained from further interfering within this domestic sphere. The demand for a uniform civil code was first put forward by women activists in the beginning of the twentieth century, with the objective of women's rights, equality and secularism. Till Independence in 1947, a few law reforms were passed to improve the condition of women, especially Hindu widows. In 1956, the Indian Parliament passed Hindu Code Bill amidst significant opposition. Though a demand for a uniform civil code was made by Prime Minister Jawaharlal Nehru, his supporters and women activists, they had to finally accept the compromise of it being added to the Directive Principles because of heavy opposition.

English quotation if you want to succeed as a Judge/ lawyer in our profession and that quotation is:

  “Work like a horse and live like a hermit.” If you apply these standards in your daily lives

you will be fulfilling the constitutional dharma and if each one of you live by the constitutional dharma our society shall be free of discrimination and each one of you will be the role model for others and all these religious and caste conflicts will end 

English quotation if you want to succeed as a Judge/ lawyer in our profession and that quotation is:

  “Work like a horse and live like a hermit.” If you apply these standards in your daily lives

you will be fulfilling the constitutional dharma and if each one of you live by the constitutional dharma our society shall be free of discrimination and each one of you will be the role model for others and all these religious and caste conflicts will end 

The term ‘justice’ in the Preamble embraces three distinct forms- social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles. Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women. Economic justice denotes on the non- discrimination between people on the basis of economic factors. It involves the elimination of glaring in equalities in wealth, income and property. A combination of social justice and economic justice denotes what is known as ‘distributive justice’. Political justice implies that all citizens should have equal political rights, equal voice in the government. The ideal of justice- social, economic and political- has been taken from the Russian Revaluation (1917). The term ’equality’ means the absence of special privileges to any section of the society, and provision of adequate opportunities for all individuals without any discrimination. The Preamble secures at all citizens of India equality of status an opportunity. This provision embraces three dimensions of equality- civic, political and economic.

The term ‘justice’ in the Preamble embraces three distinct forms- social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles. Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women. Economic justice denotes on the non- discrimination between people on the basis of economic factors. It involves the elimination of glaring in equalities in wealth, income and property. A combination of social justice and economic justice denotes what is known as ‘distributive justice’. Political justice implies that all citizens should have equal political rights, equal voice in the government. The ideal of justice- social, economic and political- has been taken from the Russian Revaluation (1917). The term ’equality’ means the absence of special privileges to any section of the society, and provision of adequate opportunities for all individuals without any discrimination. The Preamble secures at all citizens of India equality of status an opportunity. This provision embraces three dimensions of equality- civic, political and economic.