CONSTITUTIONAL LAW OF INDIA Part 1

CONSTITUTIONAL LAW OF INDIA

Salient Features of the Indian Constitution

Q. 1. State the main characteristics of the Indian Constitution.

State briefly the salient features of the Indian Constitution.

Ans. Salient Features of the Constitution of India. – The Constitution of India occupies a unique place among the federal Constitutions of the world. This is due to its distinctive features. It has following salient features:-

1. Longest Constitution of the World. – The Indian Constitution is the longest Constitution of the world. This is due to the following reasons:

(i) It has borrowed from all other Constitutions their best features. Thus, it has adopted Fundamental Rights from the American Constitution, the Directive Principles of State Policy from the Irish Constitution, Parliamentary form of Government and Cabinet System from the British Constitution. It is because of this that the bulk of the Indian Constitution has increased considerably.

(ii) The Indian Constitution lays down the structure not only of the Central Government but also of the States. The American Constitution, on the other hand, leaves the States to draw up their own Constitution.

(iii) It has incorporated many provisions which were necessary because of its own peculiar problems, ie, of size, population and religions, etc. It therefore, it contains provisions for Scheduled Castes, Minorities, the Backward classes, Anglo-Indians, Election Commission and various others which are not made parts of the Constitutions of other countries.

(iv) The Indian Constitution contains a long list of Fundamental Rights for its citizens and also a number of Directive Principles. The 42th Amendment has added a new chapter dealing with Fundamental Duties of the citizens.

2. Democratic form of Government.- The Constitution of India constitutes India into a sovereign, socialist, secular, democratic republic. It thus provides for the establishment of a democratic form of Government in the country. Justice, Liberty, Equality and Fraternity which are essential characteristics of a democracy are declared in the Preamble as the very objectives of the Constitution. In a democracy, the Government derives all its authority from the will of the people. Our rulers are elected representatives of the people and are responsible to the people. India is a free and independent country and free to determine its external and internal policies according to its own will.

3. Sovereignty of the People. – The Preamble of the Constitution declares that the people of India have adopted and given to themselves this Constitution in exercise of their sovereign rights. The words “We the people of India in our Constituent Assembly….. do hereby adopt, enact and give to ourselves this Constitution” make it clear that the real power is in the hands of the people of India both in the Union and in the States. The vesting of sovereignty in the people of the land marks the culmination of the struggle for independence and constitutes, the corner stone of the future constitutional progress.

4. Parliamentary form of Government. – The Indian Constitution establishes a parliamentary form of government in India both at the Centre and in the States as distinguished from the presidential form of the government in America. The essential characteristics of parliamentary form of government are the following:

(a) the Head of the State, i.e., the President is the nominal and constitutional Head but the real executive power is vested in the Council of Ministers whose Head is the Prime Minister.

(b) The Council of Ministers is collectively responsible to the Lok Sabha.

(c) The Members of the Council of Ministers are the elected Members of the Legislatures directly elected by the people. On the other hand, in a presidential form of government the Head of the State, ie., the President is the real executive directly elected by the people and responsible to the people.

5. Fundamental Rights. – The Constitution of India contains a long list of Fundamental Rights of Citizens. These rights are necessary for the development of individual’s personality. The Legislature and the Executive cannot take away these rights. If the Legislature passes a law taking away or abridging a Fundamental Right, such law may be declared unconstitutional by the Courts. These rights are, however, not absolute rights. They are restricted rights and can be restricted, abridged and taken away, when it is necessary in the public interest.

Social, economic and political justice is promised by Constitution to each and every citizen. [Nandini Sunder v. State of Chattishgarh, AIR 2011 SC 2839].

6. Directive Principles of State Policy. – The Directive Principles of State Policy contained in Part IV of the Constitution set out the aims and objectives to be followed by the State in the governance of the country. Although they are not justifiable in the Courts of law, yet they are very important and fundamental in the governance of the country. No government can ignore them. There is a political sanction behind them. The Centre and State Governments are answerable to the electorate at the time of election for their implementation. The idea of the welfare State envisaged in the Constitution can be achieved only by implementing the various Directive Principles contained in the Constitution.

7. Mixture of rigidity with flexibility. A rigid Constitution is one which requires a special procedure for amendment of its provisions while in a flexible Constitution, the provisions of the Constitution can be amended by an ordinary legislative process. A written Constitution is generally said to be rigid. The Indian Constitution, though written, is sufficiently flexible. It is only a few provisions of the Constitution which can be amended by the special procedure, ie., requiring the consent of the half of the State Legislatures. The majority of the provisions can be amended by Parliament by an ordinary legislative process. The fact that Indian Constitution has been amended frequently since 1950 is the proof of its flexibility.

8. Fundamental Duties. – Chapter IV-A added by the 42nd Amendment for the first time provides for certain Fundamental Duties of citizens. These duties are intended to serve as a constant reminder to every citizen that while the Constitution specifically confers on them certain Fundamental Rights, it also requires them to observe certain basic duties as the norms of democratic conduct and democratic behaviours.

9. An Independent Judiciary.- An independent and impartial judiciary is essential for the success of any democratic system. The Indian Constitution provides for the establishment of an independent judiciary so that the various rights guaranteed to the citizens of the country can be protected from the arbitrary and unlawful legislative and executive interference.

10. A Secular State. – In Indian Constitution, no religion has been recognised as State’s religion. It treats all religions equally. But this freedom, like other freedoms, is also subject to reasonable restrictions. Anti-national activities cannot be permitted in the name of religion.

11. Adult suffrage.- Under the Indian Constitution, every person who is citizen of India and who has attained the age of 18 years is entitled to vote in Parliamentary and State Legislative Assembly elections for electing representatives. There is no discrimination in this respect on grounds of sex, caste, religion, property etc.

12. Single Citizenship. – According to the federal principle, the Constitution of U.S.A. provides for dual citizenship, ie, the citizenship of the U.S.A. and the citizenship of the State. Though the Indian Constitution has adopted the federal principle of the American Constitution but it had opted for a single citizenship, that is, the citizenship of India. There is no State citizenship

13. Judicial Review. – In the Indian Constitution there is an express provision for judicial review. In Binoy Vistoan v Union of India, (AIR 2017 SC 2967), the Supreme Court held –

The Supreme Court or the High Court in exercise of its power of judicial review can declare law passed by the Parliament or the State Legislature as invalid on only two grounds-(1) It is not within the competence of the legislature which passed the law, and/or (II) It is in contravention of any of the fundamental rights stipulated in Part III of the Constitution or any other right/provision of the Constitution.

In Keshavanand Bharati v. State of Kerala, (AIR 1973 SC 1461), it has been held that Judicial Review is the basic structure’ of the Constitution.

Nature of the Indian Constitution

Q. 2. What label shall be given to our Constitution-Federal or quasi-federal, or unitary? The members of Drafting Committee called it federal but many others would dispute this title. Discuss.

Do you agree with the view that the Constitution of India is more unitary than federal in character? Discuss.

What is the nature of Indian Constitution ? Is it true to say that the Indian Constitution is federal in character with unitary features?

Ans. Nature of the Indian Constitution.-All Constitutions are generally divided in two categories One unitary and the other federal Under the unitary Constitution the powers of the government are centralised in one government and that is generally the Central Government and the States are subordinate to it. But in federal Constitution there is division of powers between the Centre and the States and both are independent ordinate to each other. as well as co-

According to K.C. Wheare federal principle is the method of dividing powers so that the general and regional governments are each, within a sphere, co-ordinate and independent. Existence of co-ordinate authorities independent of each other is the gist of the federal principle.

In Hinsa Virodhak Sangh v. Mirzapur Moti Juresh Jamat, AIR 2008 SC 1892, it was observed that instead the word ‘federation’ the word “union” was deliberately selected by the Drafting Committee of the constituent Assembly to indicate two things viz-(a) that the Indian Union is not the result of an agreement by the States and (b) the component States; have no freedom to secede from it. Though the country and the people may be divided into different States for convenience of administration, the country is one integral whole its people a single living people living under a single imperium derived from a single source.

In S.R. Bommai v. Union of India, (1994) 3 SCC 1, Jeeven Reddy, J. observed that the fact under the scheme of our Constitution, greater power is conferred upon the Centre vis-a-vis the States do not mean that States are mere appendages of the Centre. Within the sphere allotted to them States are supreme. The Centre can not temper with their powers. More particularly, the Courts should not adopt an approach, an interpretation, which has the effect of or tends to have the effect of whittling down the power reserved to the States.

Federation in India is not a matter of administrative convenience, but one of principle.

Federal Features

The Constitution of India modifies the federal principle in such a way that though normally and essentially federal, it can assume quite unitary character when exigencies of the country so require. Hence Jennings describes, India is “a federation with a strong centralising tendency”. A federal constitution must possess following federal features:

(1) Distribution of powers. – A federal Constitution defines and demarcates the sphere of the Central and the State Governments. Each government has to act within its own sphere and cannot encroach upon the other’s field. The basis of such distribution of powers between Centre and State is that the matters which are of national importance and in which uniform policy is desirable, are given to the Centre and matters which are of local importance are given to the States.

(2) A written Constitution. – A federal Constitution should almost necessarily be a written Constitution. Distribution of powers cannot be made orally. It must be done by a written document which is known as the Constitution so as to avoid disputes.

(3) Supremacy of the Constitution. – In a federal system, the Constitution is considered the supreme law of the land. All organs and institutions of the State derive their powers from the Constitution and have to function within the limits defined by it. The validity of all legislative enactments is tested upon the provisions of the Constitution.

(4) Authority of Court- The Courts in a federal Constitution have the final authority to interpret the provisions of the Constitution and maintain the supremacy of the Constitution. The judiciary decides disputes between the Centre and the States and its decisions on such disputes are final.

(5) Rigidity. – The procedure of amendment in a federal Constitution is generally rigid. ie., it can be amended only by a special procedure.

The Indian Constitution possesses all the essential characteristics of a federal Constitution mentioned above. It is a written Constitution. There is a division of powers between the Centre and the States. The Constitution of India is supreme law of the land. The procedure for amending the provisions of the Constitution which deal with its federal character is difficult. The Constitution establishes a Supreme Court to decide disputes between the Centre and the States.

Unitary Features

Some scholars do not agree with the view that the Indian Constitution is truly federal Constitution. According Acc to them, in certain circumstances the a Constitution expressly empowers the Centre to interfere in the State matters and this places the States in subordinate position which is against the federal principles. In State of Rajasthan v. Union of India, AIR 1977 SC 1361, Beg C.J. characterised the Constitution as “more unitary than federal”. He also went on to say:

“In a sense, therefore, the Indian Union is federal. But the extent of federalism in it is largely watered down by the needs of progress and development of a country which has to be nationally integrated, politically and economically co-ordinated and socially, intellectually and spiritually uplifted.”

In the following matters, such scholars point out that the Indian Constitution contains modifications of the federal principle and make it more unitary than federal.

The Indian Constitution has following unitary features:

(1) Appointment of Governors.- The Governors are appointed by the President and are answerable to him.

(2) Parliament’s power to legislate in the national inte.est.– Under Article 249 on a resolution of the Council of States by 2/3 members present and voting that any matter enumerated in the State-list has become of national importance. Parliament becomes empowered to legislate on that subject.

(3) Parliament’s power to form new States and to change boundaries of existing States.- Article 3 empowers Parliament to form new States out of the existing States, and to increase or diminish, the area of any State and to alter the boundaries or name of any State

(4) Emergency provisions. – During the period of emergency, the Union Parliament can make laws in relation to the matters in the State-list, give directions to the States as to how they should exercise their executive authority in matters which are within their charge, empower the Union officers to execute matters in State list and suspend the financial provisions of the Constitution. (Articles 352, 353, 354, 358, 359)

(5) President rule. – If the President who is the Head of the Union, is satisfied that the Government of State cannot be carried on in accordance with the provisions of the Constitution, he can issue a proclamation and assume the functions of the State Government including the powers of the Governor (Article 356)

(6) Financial emergency. – If the President is satisfied that the situation has arisen which threatens the financial stability or credit of India or any of its units, he can declare a financial emergency (Article 360)

(7) Directions may be issued by the Union Government.- The Union Government is empowered to issue administrative directions to the States in relation to certain matters. The directions are binding upon the States. (Articles 256, 257)

(8) Laws passed by the State Legislatures may be reserved for the consideration of the President by the Governor, some of them have to be specifically reserved and some of them cannot be even introduced or moved in the State Legislature.

Prof. Wheare held that the Constitution establishes a system of Government which is at the most quasi-federal, almost revolutionary in character, a Unitary State with subsidiary federal features rather than a federal State with subsidiary unitary features.

Conclusion

It is true that the above mentioned provisions modify the federal character of the Constitution. During emergency, the Constitution functions like a unitary Constitution. But when emergency is over the Constitution functions as a federal Constitution. The framers of Constitution incorporated these provisions on practical considerations taking note of the peculiar problems of the country. They adopted the federal principles applicable to other federations and modified them to suit the Indian conditions so as to serve the need of the country. The Indian Constitution, therefore, constitutes new bold experiment in the area of federation. The Indian Const.tution is neither purely federal nor unitary but it is a combination of both. This combination of unitary and federal system is the unique feature of the Indian Constitution. The Indian Constitution is mainly federal with unique provisions for safeguarding the unity and integrity of the country.

Indian Constitution: Whether Flexible or Rigid

Q. 3. ‘Indian Constitution is rigid Constitution with flexible character. Discuss.

Ans. Flexible Constitution.- Unwritten Constitution is generally a flexible Constitution, for example, the British Constitution. In those countries, where the flexible Constitution is in existence, provisions regarding all matters regulating the governance of the country may be amended at any time by adopting an ordinary procedure.

Rigid Constitution. – In those countries where rigid Constitutions exists, the amendment of the Constitution is very difficult and complicated. A rigid Constitution requires a special method of amendment of its provisions while flexible Constitution can be amended by ordinary legislative process.

Indian Constitution: Blend of Flexibility and Rigidity.- Although the Indian Constitution is written, it is sufficiently flexible Only a few provisions of the Constitution may be amended by the consent of half of the State Legislatures. The remaining provisions may be amended by a special majority of Parliament. The fact that the Constitution of India has been frequently amended since 1950 shows that the Indian Constitution is sufficiently flexible. The Indian Constitution adopts middle course. It unique blend of flexibility and rigidity.

Preamble of the Constitution

Q. 4. What is the value of Preamble in a Constitutional Statute? Indicate the objects which have been set out in Preamble to the Indian Constitution. Can Preamble be amended?

What is the significance of Preamble to the Indian Constitution? How the various ideals and goals enshrined in the Preamble have been realised in the Constitution?

Does the Preamble of the Indian Constitution incorporate ideals only? Explain the extent to which these are applied by the Courts. Refer to some decided cases.

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Discuss the Preamble of Indian Constitution and its objects and significance. How can you say that according to the Preamble, India is a Sovereign, Socialist, Secular and Democratic Republic?

Ans. Preamble of the Constitution.- The Preamble of an Act sets out the purpose and object for which a statute is enacted. The Preamble of the Constitution declares-

“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 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.” Preamble makes the people supreme and not elected representative. [Ush Bharti v State of U.P. AIR 2014 SC 1686).

The purpose of the Preamble. – The Preamble to the Constitution is a key to open the mind of the makers and shows the general purpose for which they made the several provisions in the Constitution. Although much importance is not given to the Preamble in an ordinary statute, in the Constitution the Preamble occupies an important place and the Constitution should be interpreted in the light of the ideals mentioned in the Preamble [Kesvanand Bharti v. State of Kerala, AIR 1973 SC 1461].

The Preamble to the Constitution serves the following purposes-

Firstly, it discloses the source from which the Constitution comes, diz, the people of India.

Secondly, it contains the enacting clause which brings into force the Constitution

Thirdly, it declares the great rights and freedoms which the people of India intended to secure to all citizens and the basic type of government and polity which was to be established Keshavanand Bharati v State of Kerala, (AIR 1973 SC 1461).

The Preamble declares that the people of India are the source of the Constitution of India. They have adopted, enacted and given it to themselves The government derives all its authority from the people of India. The administrators are elected by the people of India.

The nature of the government which the Preamble of the Constitution establishes is a sovereign, socialist, secular, democratic republic It is ‘sovereign’ because the Constitution does not recognise the legal supremacy of any other country over India. A democratic government is a government of the people, by the people and for the people. A secular State is a State which treats all religions equally. It does not recognise any religion as State religion. It is a socialist State which implies economic equality and equitable distribution of income. In such a State important means of production is controlled by the State. It is a ‘republic’ because the Head of State is not a hereditary monarch. In a ‘republic’ the political sovereignty resides in the people and the Head of the State, (e. President of India) is only a person elected by the people for a fixed term.

The objectives enshrined in the Preamble of the Constitution.-

The objectives of the Republic is to secure to every citizen-justice, liberty and fraternity, the dignity of the individual and the unity and integrity of the nation. Although these expressions have not been precisely defined in the Constitution, they are not mere platitudes for they have been given contents by Parts III and IV of the Constitution dealing with Fundamental Rights and the Directive Principles of the State Policy.

Whether Preamble is a part of the Constitution

In re Beruhuri’s case, AIR 1960 5C 858, it was held that Preamble is not a part of the Constitution and therefore, it was never regarded as the source of limitations or substantive powers. But in Kermenand Bharati v. State of Kerala AIR 1973 SC 1461, the Supreme Court has held that Preamble is a part of the Constitution and all importance is to be attached to it in interpreting the Constitution, Sikri, CJ. in Keshavanand Bharati’s case observed, “It seems to me that the Preamble of our Constitution is of extreme importance and the constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.”

Dr. Ambedkar in his closing speech in the Constituent Assembly on 25th Nov, 1949, observed “The principle of liberty, equality and fraternity are not to be treated as separate items in the trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of the democracy. Liberty can’t be divorced from equality, and rice-versa Without fraternity equality and liberty would produce the supremacy of the few over the many. Equality without liberty, would kill individual initiative”

In Indira Sawhney v. Union of India, AIR 1973 SC 477, the Apex Court laid down that fraternity assuring the dignity of the individual has a special relevance in the Indian context because of the social background of certain section of the community who had in the past been looked down upon.

In Samantha v. State of A. P., AIR 1997 SC 3326, the Supreme Court observed that the Constitution envisions to establish an egalitarian social order rendering to every citizen, social, economic and political justice in a political ju social and economic democracy of the Indian Republic. The Constitution thus ensures economic democracy along with political democracy

Shelat and Grover JJ. observed that our Court has consistently looked to the Preamble for guidance and given it a transcendental position while interpreting the Constitution or other laws. (Keshawanand Bharati v. State of Kerala, AIR 1973 SC 1461)

Amendment in the Preamble

In Keswanand Bharati’s case it has been held that the Preamble is the part of the Constitution and, therefore, it can be amended by Parliament under its amending power under Article 368. However, the only limitation on the amending power of Parliament is that it should not exercise its amending power so as to destroy the basic features in the Preamble.

In this case the Court by the majority held, “The edifice of our Constitution is based upon the basic elements mentioned in the Preamble. If any of these elements are removed, the structure will not survive and it will not be the same constitution or it cannot maintain its identity. The Preamble declares that the people of India resolved to constitute their country into a Sovereign Democratic Republic. No one can suggest that these words are ambiguous in any manner An amending power cannot be interpreted so as to conler power on the Parliament to take away any of these fundamental and basic characteristics of polity.”

42nd Amendment and the Preamble. This amendment has inserted three new words in the Preamble-

Secularism, Socialism and Integrity. These concepts were already implicit in the Constitution. The amendment merely spells out clearly these concepts in the Preamble.

In Aruna Roy v. Union of India, AIR 2003 SC 3176, secularism has been held to have respect for all religions and fostering feeling of respect for them Though socialism has nowhere been defined in the Constitution, in D. S Nakara v. Union of India, AIR 1983 SC 130, it has been taken to mean raising the living standard of the weaker sections and labourers and to guarantee for them lifelong social security while in Excel Wear v. Union of India, AIR 1979 SC 25, it was held that the effect of adding the word “socialist” is that the Court should give more effect to nationalisations and state ownership. In a nutshell, our socialism is a unique combination of Marxism and Gandhianism with a Gandhian bias. Its practical aspect is mixed economy and economic equality and equal distribution of income.

PART – III

FUNDAMENTAL RIGHTS (Articles 12 to 35)

General Characteristic of Fundamental Rights

Q. 5. Discuss the general characteristics of the Fundamental Rights provided in Part III of the Constitution.

Ans. General Characteristics of fundamental rights

The Indian Constitution guarantees essential human rights in the form of Fundamental Rights under Part III and also Directive Principles of State Policy in Part IV which are fundamental in the governance of the country. Articles 12 to 35 of the Constitution pertains to Fundamental Rights of the people. These rights are of the some of the provisions of the Bill of Rights in U.S.A. Constitution. The Fundamental Rights in India, apart from guaranteeing certain basic civil rights and freedoms to all also fulfil the important function of giving a few safeguards to minorities outlawing discrimination and protecting religious freedom and cultural rights.

The Fundamental Rights are a necessary consequence of the declaration in the Preamble to the Constitution that the people of India solemnly resolved to constitute India into a sovereign, democratic, republic and to secure to all of its citizen justice, social, economic, political liberty of thought, expression, belief, faith and worship, equality of status and opportunity. Part III of the Constitution protects substantive as well as procedural rights. [Pratap Singh v. State of Jharkhand, AIR 2005 SC 273].

The Fundamental Rights in the Indian Constitution have been grouped under six heads as follows –

(a) Right to equality (Articles 14-18)

(b) Right to freedom (Articles 19-22)

(d) Right to freedom of religion (Articles 25-28)

(e) Cultural and educational Rights (Articles 29-30)

(g) Right to Constitutional Remedies (Articles 32-35)

[Note-Right to constitutional right.] property under Article 300-A is a better protected

It was observed in Maneka Gandhi v. Union of India, AIR 1978 SC 597 that “Thus fundamental rights represent the basic values cherished by the people of this country since the Vedic times and they are calculated to protect the dignity of the individual and create condition in which every human being can develop his personality to the fullest extent.” The object of their inclusion in the Constitution is to withdraw them “from the vicissitudes of political controversy and place them beyond the reach of majorities and officials……..one’s right to life, liberty and property to free speech, a free press, freedom of worship and assembly and other fundamental rights may not be submitted, to votes, they depend on the outcome of no elections.”

Thus, the object behind the inclusion of the Chapter of Fundamental Rights in Indian Constitution is to establish a Government of law and not of man, a governmental system where the tyranny of manjority does not oppress the minority.

The general characteristics of the fundamental rights are as follows:

1. Fundamental Rights are guaranteed by the Constitution. The Fundamental Rights are guaranteed by the Constitution. For this purpose the Constitution provides:

(a) All laws in force in the territory of India immediately before the commencement of the Constitution, in so far as they are inconsistent with the provisions of the Part III (which deals with the Fundamental Rights) shall to the extent of such inconsistency be void [Article 13 (1)].

(b) The State shall not make any law which takes away or abridges the rights conferred by Part III and any law made in contravention of this clause shall, to the extent of the contravention, be void. [Article 13 (2)].

(d) A person may directly move the Supreme Court or the High Court for the protection of his Fundamental Rights under Article 32 or Article 226 respectively.

2. Fundamental Rights are judiciable and enforceable by Court.- If any law or any executive action infringes the Fundamental Right, the aggrieved person may challenge the validity of such law or executive action in either the Supreme Court under Article 32 or in a High Court under Article 226, and the judiciary may declare such law or executive action ultra vires the Constitution, if it contravenes any Fundamental Right.

3. Fundamental Rights are not absolute rights. Fundamental Rights are not absolute rights and such reasonable restrictions may be imposed upon them in the interest of the country or society, as have been laid down along with the concerned Fundamental Rights.

4. Fundamental Rights are enforceable against the State. In P. D. Shamdasani v. Central Bank of India, AIR 1952 SC 59, it was observed by the Supreme Court that Fundamental Rights provide protection against the State action and not against a private individual action.

5. The Fundamental Rights may be suspended. According to Article 359 of the Constitution, while the Proclamation of Emergency is in operation, the President may by order declare that the right to move any Court for the enforcement of such of the Fundamental Rights as may be mentioned in the order (except Articles 20 and 21) shall remain suspended during the period when the Proclamation is in force or for such shorter period as may be specified in the order.

Article 358 provides that while a proclamation of Emergency is in operation nothing in Article 19 shall restrict the power of the State to make any law or to take any executive action abridging or taking away the rights guaranteed by Article 19.

6. Fundamental Rights may be restricted or abridged with regard to Armed Forces.-Parliament may, by law, determine to what extent any Fundamental Right may be restricted or abridged in their application to Armed Forces so as to ensure the proper discharge of duties and maintenance of discipline among members of the forces.

7. Amendment of Fundamental Rights (Article 368).- Fundamental Rights may be amended by the amendment of the Constitution under Article 368 by the Parliament. However, the Parliament can not amend the basic features of the Constitution. [Kesvanand Bharti v. State of Kerala, AIR 1973 SC 1461].