PAPER-III: CONSTITUTIONAL LAW-I related short question answer

PAPER-III: CONSTITUTIONAL LAW-I

Unit-I

Q1. What is the meaning and significance of a Constitution?
A Constitution is a set of fundamental principles or established precedents according to which a state is governed. It lays down the structure, functions, powers, and duties of the government institutions and ensures the protection of citizens’ rights. A written Constitution, like that of India, provides legal certainty and clarity, serving as the supreme law of the land. The significance of a Constitution lies in its role in limiting arbitrary powers of the state, maintaining rule of law, ensuring democracy, and protecting individual freedoms. It balances the power between various organs of the government and upholds the ideals of justice, liberty, equality, and fraternity.

Q2. Trace the evolution of modern Constitutions.
Modern Constitutions evolved primarily in response to struggles against arbitrary monarchical rule and colonial exploitation. The Magna Carta (1215) laid the early foundation by limiting the powers of the king in England. The American Constitution (1787) and the French Declaration of Rights of Man (1789) further influenced constitutional development globally. In India, colonial experiences and nationalist movements deeply shaped the demand for a Constitution that would guarantee self-rule, rights, and justice. The evolution of modern Constitutions involves incorporating democratic principles, human rights, separation of powers, and accountability mechanisms in state governance.

Q3. What are the different classifications of Constitutions?
Constitutions can be classified on several bases:

Written and Unwritten: A written Constitution is codified (e.g., India, USA), whereas an unwritten Constitution is based on conventions and traditions (e.g., UK).
Rigid and Flexible: A rigid Constitution is difficult to amend (e.g., USA), while a flexible one can be changed easily (e.g., UK). India’s Constitution is partly rigid and partly flexible.
Federal and Unitary: A federal Constitution distributes powers between central and state governments (e.g., India, USA), while a unitary one centralizes all powers (e.g., France). These classifications help understand the nature and functioning of governments across countries.

Q4. Describe the historical background of the Indian Constitution.
The Indian Constitution is the result of India’s long struggle for freedom and self-governance. British colonial rule introduced a series of Acts to administer India, gradually expanding Indian participation. The historical roots lie in the Regulating Act, 1773, Indian Councils Acts, and the Government of India Acts of 1919 and 1935. The freedom struggle, influenced by democratic values and civil rights, demanded a Constitution guaranteeing equality and justice. The Indian National Congress, in its 1931 Karachi Resolution, emphasized constitutional rights. Ultimately, after independence, the Constituent Assembly (1946) drafted the Indian Constitution, incorporating the best practices from around the world.

Q5. What were the key features of the Government of India Act, 1919?
The Government of India Act, 1919, also called the Montagu-Chelmsford Reforms, introduced dyarchy at the provincial level—dividing subjects into transferred and reserved lists. It increased Indian participation in governance by expanding legislative councils and introducing limited direct elections. The Act established a bicameral legislature at the centre with the Council of State and Legislative Assembly. However, real power still remained with the British. Though limited in scope, the 1919 Act was a step toward responsible government and later laid the foundation for further reforms under the 1935 Act.

Q6. Explain the salient features of the Government of India Act, 1935.
The Government of India Act, 1935, was the most comprehensive legislation before independence. It provided for an All-India Federation, though it never came into force due to lack of princely state participation. The Act introduced provincial autonomy, abolished dyarchy at the provincial level, and established dyarchy at the Centre. It expanded the franchise and provided for a Federal Court. It also granted more administrative powers to Indian ministers in provinces. Many features of the present Indian Constitution, including federalism and an independent judiciary, draw heavily from this Act.

Q7. Discuss the composition and role of the Constituent Assembly of India.
The Constituent Assembly of India was formed in 1946 under the Cabinet Mission Plan. Initially consisting of 389 members, it included representatives from provinces and princely states. After the partition, it had 299 members. The Assembly included eminent leaders like Dr. Rajendra Prasad, Sardar Patel, Pandit Nehru, B.R. Ambedkar, and others. Its role was to frame a Constitution that reflected the aspirations of independent India. It debated, discussed, and finalized various provisions through committees and plenary sessions. The Constitution was adopted on 26th November 1949 and came into effect on 26th January 1950.

Q8. What was the contribution of the Drafting Committee in making the Constitution?
The Drafting Committee, formed on 29th August 1947, was headed by Dr. B.R. Ambedkar. It had seven members, including Alladi Krishnaswamy Ayyar, K.M. Munshi, and others. The committee was tasked with preparing the draft of the Constitution based on the reports of various other committees. It carefully studied Constitutions of various countries, debated legal doctrines, and ensured that the document reflected India’s unique needs. Dr. Ambedkar, called the “Chief Architect of the Indian Constitution,” played a crucial role in articulating social justice, fundamental rights, and democracy.

Q9. How did the Indian Constitution draw from global models?
The Indian Constitution is a blend of various global constitutional features:

British model: Parliamentary system, Rule of Law, single citizenship
US model: Fundamental Rights, independence of judiciary, federalism
Irish Constitution: Directive Principles of State Policy
Canadian model: Residuary powers with the Centre
Soviet Union: Fundamental Duties
French model: Ideals of liberty, equality, fraternity
These global inspirations were adapted to India’s socio-political context, making the Constitution comprehensive and inclusive.

Q10. Why is the Indian Constitution considered one of the lengthiest and most detailed in the world?
The Indian Constitution is one of the lengthiest in the world, originally having 395 Articles, 22 Parts, and 8 Schedules (now expanded). This was necessary due to the diverse social, linguistic, and regional complexities of India. It combines both federal and unitary features, includes Fundamental Rights and Duties, and has detailed provisions on governance, elections, minorities, and inter-state relations. It also incorporates Directive Principles, provisions for emergency, and schedules related to tribal areas, official languages, etc. The framers aimed to ensure a comprehensive document that left minimal scope for ambiguity.

Q11. What is the significance of the Government of India Act, 1919?

Ans:
The Government of India Act, 1919, also known as the Montagu-Chelmsford Reforms, was a landmark in the evolution of constitutional governance in British India. It introduced a dual form of government called “Diarchy” in the provinces. This system divided subjects into “Transferred” and “Reserved” categories. Transferred subjects like education, health, and local self-government were managed by Indian ministers, while Reserved subjects such as law and order remained with British officials.

This Act expanded the central and provincial legislatures and introduced a system of indirect elections, thereby giving limited representation to Indians in governance. It also increased Indian participation in the civil services and established a bicameral legislature at the Centre for the first time. However, it did not grant full autonomy and retained significant British control. Despite its limitations, it laid the groundwork for the Government of India Act, 1935, and subsequent constitutional developments. The 1919 Act was significant in demonstrating the British government’s gradual willingness to involve Indians in governance, which later influenced the framing of the Indian Constitution.

Q12. Explain the main features of the Government of India Act, 1935.
Ans:
The Government of India Act, 1935 was the most comprehensive Act passed by the British Parliament and served as the constitutional framework for India till independence. It introduced a federal structure by proposing a federation of British Indian provinces and princely states, though the federation never came into full effect.

Key features included the abolition of Diarchy at the provincial level and its introduction at the federal level, provincial autonomy, and the establishment of a Reserve Bank of India. It also provided for a bicameral legislature at the Centre with the Federal Assembly and Council of States. The Act introduced separate electorates and extended the franchise.

Importantly, it created All-India Services and set up a Federal Court in 1937. However, ultimate power remained with the British Crown through the Governor-General and provincial Governors who retained overriding powers. Despite its limitations, the Act became a blueprint for future constitutional development, and many of its provisions were adopted in the Indian Constitution.

Q13. Discuss the role of the Constituent Assembly in drafting the Indian Constitution.
Ans:
The Constituent Assembly of India played a pivotal role in drafting the Indian Constitution. Formed in 1946, it comprised representatives elected by provincial assemblies and nominated from princely states. The Assembly was chaired by Dr. Rajendra Prasad and had several committees, the most important being the Drafting Committee headed by Dr. B.R. Ambedkar.

The Assembly held its first session on 9 December 1946 and met in multiple sessions over nearly three years. It debated and finalized various provisions after thorough discussions, ensuring representation of diverse viewpoints and interests. The Constitution was influenced by global models like the U.S., U.K., Ireland, and Canada, but was uniquely tailored to Indian needs.

The final draft was adopted on 26 November 1949 and came into force on 26 January 1950. The Constituent Assembly’s work reflected a deep commitment to justice, liberty, equality, and fraternity, which form the core of our Constitution. It laid the foundation for Indian democracy and remains a remarkable example of constitutional development in a diverse, pluralistic society.

Q14. What was the role of the Drafting Committee in shaping the Constitution?
Ans:
The Drafting Committee was formed on 29 August 1947, under the chairmanship of Dr. B.R. Ambedkar. It comprised six other eminent members: N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, Mohammad Saadulla, B.L. Mitter (later replaced), and D.P. Khaitan (later replaced by T.T. Krishnamachari).

Its main function was to draft the Constitution based on the reports submitted by other committees of the Constituent Assembly. The Committee examined the constitutions of various countries and adapted best practices suitable for India. It emphasized the values of democracy, secularism, and federalism.

The Drafting Committee was instrumental in framing provisions on fundamental rights, the structure of government, separation of powers, and emergency provisions. Despite disagreements and external pressures, Dr. Ambedkar steered the committee with wisdom and clarity. His contribution earned him the title “Architect of the Indian Constitution.” The Drafting Committee completed its work efficiently, presenting the final draft in November 1949, which was then adopted by the Constituent Assembly.

Q15. What is the significance of 26 January 1950 in Indian constitutional history?
Ans:
26 January 1950 marks the day when the Constitution of India came into effect, replacing the Government of India Act, 1935, as the governing document of independent India. This date was chosen deliberately to honor the memory of 26 January 1930, when the Indian National Congress declared ‘Purna Swaraj’ (complete independence) as its goal.

On this day, India became a sovereign, democratic republic. Dr. Rajendra Prasad took oath as the first President of India, and the Constituent Assembly ceased to exist, becoming the Provisional Parliament. The Constitution enshrined fundamental rights, directive principles, and a democratic structure of government with a parliamentary system.

The enforcement of the Constitution on 26 January symbolized the birth of the Indian Republic and the triumph of India’s freedom movement. It is celebrated annually as Republic Day, commemorating not just the legal enactment of the Constitution but also the ideals and aspirations of the people of India.

Q16. What were the main features of the Government of India Act, 1919?
Ans:
The Government of India Act, 1919, also known as the Montagu-Chelmsford Reforms, marked a significant constitutional development in colonial India. It introduced the concept of “dyarchy” at the provincial level, dividing the subjects into ‘Transferred’ and ‘Reserved’ categories. Transferred subjects were administered by Indian ministers responsible to the legislative councils, whereas Reserved subjects remained under the control of British officials. It expanded the central and provincial legislatures and allowed more Indians to participate in governance. The Act also introduced bicameralism at the center, creating a Council of State and a Legislative Assembly. Despite these reforms, real power remained with the British. Nonetheless, it laid the foundation for future demands for greater autonomy and constitutional reforms, making it a landmark in India’s constitutional evolution.

Q17. What were the key provisions of the Government of India Act, 1935?
Ans:
The Government of India Act, 1935 was the most comprehensive constitutional reform introduced by the British in India. It provided for the establishment of an All-India Federation, though it never came into force. One of its main features was the abolition of dyarchy at the provincial level and its introduction at the federal level. It expanded provincial autonomy, giving elected Indian ministers full control over provincial subjects. It also introduced bicameral legislatures in some provinces and created a Federal Court. The Act laid the groundwork for India’s federal structure, though it retained British control over defense, external affairs, and railways. Importantly, this Act influenced the structure and content of the Indian Constitution significantly, even after independence.

Q18. How did the drafting of the Indian Constitution begin?
Ans:
The drafting of the Indian Constitution formally began with the convening of the Constituent Assembly on December 9, 1946. The Assembly was constituted under the Cabinet Mission Plan, 1946. It comprised members elected by the provincial assemblies and nominated by princely states. Dr. Rajendra Prasad was elected as its President. A Drafting Committee, chaired by Dr. B.R. Ambedkar, was appointed on August 29, 1947, to prepare a draft Constitution. The Assembly functioned through various committees and sub-committees to deliberate on different aspects of governance, rights, and institutions. Over 2 years, 11 months, and 18 days, the members debated and revised numerous provisions before adopting the Constitution on November 26, 1949. It came into force on January 26, 1950, marking the birth of the Republic of India.

Q19. What was the role of the Drafting Committee in framing the Constitution?
Ans:
The Drafting Committee, constituted on August 29, 1947, played a pivotal role in shaping the Indian Constitution. Chaired by Dr. B.R. Ambedkar, the committee consisted of six other members: N. Gopalaswami Ayyangar, Alladi Krishnaswamy Iyer, K.M. Munshi, B.L. Mitter (later replaced), Mohammad Saadulla, and D.P. Khaitan (later replaced by T.T. Krishnamachari). The committee studied various constitutional models, such as those of the U.S., U.K., Ireland, Canada, and Australia. They synthesized global best practices with Indian realities, ensuring the Constitution was democratic, inclusive, and flexible. Dr. Ambedkar, often called the “Father of the Indian Constitution,” ensured that fundamental rights, directive principles, social justice, and secularism were firmly embedded in the document. The Drafting Committee submitted the final draft in February 1948, and after extensive debates and amendments, the Constitution was adopted in 1949.

Q20. How is the Indian Constitution classified – written, federal, unitary?
Ans:
The Indian Constitution is classified as a written, federal Constitution with a unitary bias during emergencies. It is the longest written Constitution in the world, containing a detailed framework of governance. It embodies federal features such as division of powers between the Union and the States, dual government, and a written Constitution with supremacy and rigidity. However, it also contains unitary features like a strong central government, single Constitution for the whole country, single citizenship, and the power of the Centre to dismiss state governments under Article 356. During emergencies, it becomes quasi-unitary, with centralization of powers. Thus, the Indian Constitution is a unique blend, often described as “federal in form but unitary in spirit.”

Q21. What was the significance of the Government of India Act, 1919 in constitutional development?

Answer:
The Government of India Act, 1919, also known as the Montagu-Chelmsford Reforms, marked a significant step toward constitutional development in British India. It introduced the concept of diarchy in the provinces, dividing subjects into “transferred” (administered by Indian ministers) and “reserved” (administered by the British Governor and his Executive Council). This system aimed to train Indians in self-governance but retained considerable control with the British. The Act also expanded the legislative councils, increased Indian participation, and introduced bicameralism at the central level with the establishment of the Council of States and the Legislative Assembly. Though criticized for limited powers to Indians, it paved the way for the future evolution of the Constitution by acknowledging India’s aspiration for responsible government. Importantly, it also marked the beginning of federal features in governance.

Q22. What were the key features of the Government of India Act, 1935?

Answer:
The Government of India Act, 1935, was the most comprehensive statute passed by the British Parliament for Indian administration. It introduced All-India Federation, consisting of British provinces and princely states, though the federation was never realized due to lack of consent from princely states. It abolished diarchy at the provincial level and introduced it at the centre. It provided for autonomous provincial governments, separation of powers, bicameral legislatures, and a Federal Court. The Act also created three lists of subjects—Federal, Provincial, and Concurrent—laying the foundation for India’s federal structure. However, the Governor-General retained vast discretionary powers, limiting real autonomy. Though the Act failed to meet Indian aspirations, it served as a blueprint for the Indian Constitution, particularly in terms of structure and distribution of powers.

Q23. Discuss the role and contribution of the Constituent Assembly in the making of the Indian Constitution.

Answer:
The Constituent Assembly of India, formed in 1946, was tasked with framing the Constitution. Comprising elected and nominated members from various regions and communities, it began functioning on 9th December 1946 and adopted the Constitution on 26th November 1949. The Assembly was chaired by Dr. Rajendra Prasad, and the Drafting Committee, headed by Dr. B.R. Ambedkar, played a pivotal role. The Assembly held extensive debates and discussions on fundamental rights, directive principles, union and state powers, judicial independence, and democratic governance. The assembly was inclusive and democratic, drawing from global models while retaining indigenous features. It worked through various committees and sub-committees, ensuring thorough deliberation. The Constituent Assembly’s commitment to justice, equality, and democracy shaped the Indian Constitution as a visionary and enduring document.

Q24. Who were the key members of the Drafting Committee of the Indian Constitution, and what was their contribution?

Answer:
The Drafting Committee, formed on 29th August 1947, had seven members with Dr. B.R. Ambedkar as Chairman. Other members were Alladi Krishnaswami Ayyar, K.M. Munshi, Mohammad Saadullah, N. Gopalaswami Ayyangar, B.L. Mitter (later replaced by N. Madhava Rao), and D.P. Khaitan (later replaced by T.T. Krishnamachari). The committee was responsible for drafting the text of the Constitution based on reports from other committees and debates in the Constituent Assembly. Dr. Ambedkar played a crucial role in shaping key provisions related to fundamental rights, social justice, federalism, and parliamentary democracy. K.M. Munshi contributed to cultural and minority rights, while Alladi Krishnaswami Ayyar’s legal expertise was instrumental in technical drafting. The committee’s vision and consensus-building ensured that India’s Constitution was both modern and rooted in Indian ethos.

Q25. What was the historical context in which the Indian Constitution was drafted?

Answer:
The Indian Constitution was drafted in a context marked by colonial oppression, freedom struggle, and the desire for self-governance. After centuries under British rule, India witnessed several reforms like the Government of India Acts of 1919 and 1935, which only partially granted autonomy. The failure of these reforms, growing mass movements (like the Non-Cooperation and Quit India Movements), and the horrors of Partition emphasized the need for a comprehensive, indigenous Constitution. The Constituent Assembly was formed in 1946, amid communal tensions and political upheaval. Despite the challenges, including the Partition of India and the assassination of Mahatma Gandhi, the framers focused on nation-building and social justice. The Constitution reflected both aspirations of a free nation and lessons from the colonial era, aiming to build a sovereign, democratic, secular, and inclusive republic.

Unit-ii

Q1. What are the salient features of the Indian Constitution?
Answer:
The Indian Constitution is known for its unique blend of rigidity and flexibility. Its salient features include:

Written and Lengthy Document – With 395 Articles and 12 Schedules originally, it is one of the longest constitutions in the world.
Federal System with Unitary Bias – It establishes a federal structure with a strong Centre.
Parliamentary Form of Government – Based on the Westminster model.
Fundamental Rights and Duties – Ensures civil liberties and enumerates duties of citizens.
Directive Principles of State Policy (DPSP) – Aims to create a welfare state.
Independent Judiciary – Ensures rule of law and constitutional supremacy.
Secular State – Equal respect to all religions without establishing a state religion. These features reflect the Constitution’s aim to balance power, ensure justice, and maintain unity in a diverse nation.

Q2. Explain the significance of the Preamble to the Indian Constitution.
Answer:
The Preamble serves as the philosophical foundation of the Indian Constitution. It outlines the objectives, such as:

Justice: Social, economic, and political;
Liberty: Of thought, expression, belief, faith, and worship;
Equality: Of status and opportunity;
Fraternity: Assuring dignity and unity of the nation.

It declares India to be a Sovereign, Socialist, Secular, and Democratic Republic. Though not enforceable in court, it acts as a guiding light for interpreting the Constitution. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court recognized the Preamble as part of the basic structure of the Constitution.

Q3. What is the meaning and purpose of the term ‘Union of India’?
Answer:
The term ‘Union of India’ appears in Article 1 of the Constitution, which states, “India, that is Bharat, shall be a Union of States.” This term is significant for the following reasons:

It emphasizes the indestructible nature of the Indian Union, meaning states have no right to secede.
It reflects the centralized federalism of India.
The Union includes not only the states but also Union Territories and any territory that may be acquired. Thus, the phrase symbolizes unity and the idea of India as a single entity despite regional diversities.

Q4. Discuss the process of acquisition of Indian citizenship.
Answer:
The Citizenship Act, 1955 governs the acquisition and loss of Indian citizenship. One can acquire Indian citizenship through:

By Birth – If born in India (with conditions based on date of birth).
By Descent – If one or both parents are Indian citizens at the time of birth.
By Registration – For specific categories of persons like PIOs, spouses of Indian citizens, etc.
By Naturalisation – After residing in India for a prescribed period and fulfilling certain conditions.
By Incorporation of Territory – People of territories merged with India automatically become citizens. These methods reflect the inclusive yet secure approach of the Indian State towards granting citizenship.

Q5. What is the role of Article 13 in protecting fundamental rights?
Answer:
Article 13 is a cornerstone of Fundamental Rights. It declares:

All pre-constitutional laws inconsistent with Fundamental Rights are void.
The State shall not make any law that abridges Fundamental Rights.
Any such post-Constitutional law shall be void to the extent of contravention.

It also includes the definition of “law” and “State” for this purpose. Through this Article, the judiciary has the power of judicial review, ensuring the supremacy of Fundamental Rights and keeping legislative and executive actions in check.

Q6. Define the term ‘State’ under Article 12 of the Indian Constitution.
Answer:
Article 12 defines ‘State’ for the purpose of Part III (Fundamental Rights). It includes:

The Government and Parliament of India
The Government and Legislature of each State
All local authorities and other authorities under the control of the Government of India.

The judiciary has interpreted “other authorities” to include public sector undertakings, government-aided institutions, and bodies discharging public functions (Ajay Hasia v. Khalid Mujib). This expansive interpretation ensures that citizens can enforce Fundamental Rights against a wide range of public bodies.

Q7. What are the characteristics of Indian federalism?
Answer:
Indian federalism is described as “quasi-federal”. Its main features are:

Division of Powers – Between Centre and States via the Union, State, and Concurrent Lists.
Supremacy of Constitution – All laws must conform to the Constitution.
Independent Judiciary – Supreme Court as the final interpreter.
Single Citizenship and Unified Judiciary – Unlike classic federal states.
Emergency Provisions – Allow the Centre to assume greater control. Indian federalism is structured to maintain unity while accommodating regional autonomy.

Q8. How does the Constitution maintain the unity and integrity of India?
Answer:
The Constitution ensures unity and integrity through:

Single Constitution and Citizenship
Strong Centre with more powers than the States
Emergency Provisions (Articles 352, 356, 360)
Independent Judiciary for dispute resolution
Article 1: Declaring India as a “Union of States”
Amendment Procedures that prevent secession or disintegration These features promote a cohesive governance structure while respecting the federal spirit.

Q9. Discuss the significance of Fundamental Rights in Indian democracy.
Answer:
Fundamental Rights are vital to Indian democracy. They:

Protect individual liberty
Promote equality and prohibit discrimination
Ensure freedom of speech, religion, and association
Provide safeguards against state arbitrariness They are enforceable in courts (Article 32 and 226), making them justiciable. They reflect India’s commitment to human dignity, justice, and the rule of law.

Q10. What is the doctrine of eclipse under Article 13?
Answer:
The Doctrine of Eclipse applies to pre-Constitutional laws that violate Fundamental Rights. Such laws are not void ab initio but remain dormant or ‘eclipsed’ and become unenforceable. However, if the Fundamental Right is amended or removed, the eclipsed law revives automatically.

For example, in Bhikaji Narain Dhakras v. State of M.P., the Supreme Court held that a law rendered invalid due to inconsistency with Fundamental Rights can become valid if the inconsistency is removed later.

Q.11. What are the salient features of the Indian Constitution?
Ans:
The Indian Constitution has several salient features which make it unique. Firstly, it is the longest written Constitution in the world. It includes detailed provisions on governance, rights, and duties. It establishes India as a Sovereign, Socialist, Secular, Democratic Republic. The Constitution is federal in structure but unitary in spirit, meaning while powers are divided between the Centre and States, the Centre holds significant authority in crucial matters.
It also ensures a parliamentary system of government with a bicameral legislature at the central level. The Constitution lays down a comprehensive scheme of Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties. It is also notable for the concept of Single Citizenship, Independent Judiciary, Universal Adult Franchise, and provisions for Amendments under Article 368.

Q.12. What is the significance of the Preamble to the Constitution?
Ans:
The Preamble serves as the introduction to the Indian Constitution and reflects its ideals, values, and objectives. It declares India as a “Sovereign, Socialist, Secular, Democratic Republic” and guarantees Justice, Liberty, Equality, and Fraternity to all citizens. Though the Preamble is not legally enforceable, it acts as a guiding light in constitutional interpretation.
The Supreme Court in the Kesavananda Bharati case (1973) held that the Preamble is a part of the Constitution and can be used to interpret ambiguous provisions. In the Berubari case (1960), however, it was held that the Preamble is not a source of power or limitation.
Overall, the Preamble plays a vital role in reflecting the essence of the Constitution, and any amendment to it must follow the constitutional procedure under Article 368.

Q.13. What is the Union and its Territories under the Constitution?
Ans:
Article 1 to 4 of the Indian Constitution deal with the Union and its territories. Article 1 declares that India, that is Bharat, shall be a Union of States. The term ‘Union’ was purposefully chosen over ‘Federation’ to signify the indivisible nature of the Indian Republic.
The Constitution divides the territory of India into States, Union Territories, and Territories that may be acquired. Parliament has the power to alter the boundaries, create new states, or rename existing ones under Article 3. For instance, the reorganization of Jammu and Kashmir in 2019 was done using these provisions.
Thus, the structure of Indian territory is flexible, and the Parliament holds absolute authority to make changes in the political geography of India.

Q.14. How is Citizenship acquired and lost under the Constitution?
Ans:
Part II (Articles 5 to 11) of the Indian Constitution deals with Citizenship. These provisions were primarily meant for determining who would be citizens of India at the commencement of the Constitution in 1950.
Citizenship can be acquired through birth, descent, registration, naturalization, and incorporation of territory as per the Citizenship Act, 1955. Loss of citizenship can occur through renunciation, termination, and deprivation under this Act.
India does not allow dual citizenship, meaning once a person accepts citizenship of another country, their Indian citizenship stands terminated. Recent amendments, such as the Citizenship (Amendment) Act, 2019, introduced special provisions for persecuted minorities from neighbouring countries.
Overall, Indian citizenship is governed both by constitutional provisions and statutory laws.

Q.15. What is the definition of ‘State’ under Article 12?
Ans:
Article 12 defines the term ‘State’ for the purpose of Part III (Fundamental Rights). It includes the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India.
The Supreme Court in Ajay Hasia v. Khalid Mujib (1981) laid down a test to determine if a body is an instrumentality or agency of the State. Institutions like public sector undertakings, universities, and statutory corporations fall under this definition if they are substantially financed or controlled by the government.
Being included under Article 12 means that such bodies are amenable to writ jurisdiction for violation of Fundamental Rights. This definition ensures accountability of public authorities in upholding individual rights.

Q.16. What is the meaning and scope of Article 13?
Ans:
Article 13 is a guardian of Fundamental Rights. It states that all laws inconsistent with or in derogation of Fundamental Rights are void to the extent of such inconsistency. This article gives constitutional supremacy to Fundamental Rights and ensures that both pre-constitutional and post-constitutional laws must conform to them.
Clause (1) declares that pre-constitutional laws (like colonial-era laws) remain valid only if they don’t violate Fundamental Rights. Clause (2) prohibits the State from making any laws that take away or abridge Fundamental Rights.
Clause (3) defines ‘law’ broadly to include ordinances, orders, bye-laws, rules, regulations, etc. Clause (4), inserted by the 24th Amendment, ensures that Constitutional amendments under Article 368 are not challenged under Article 13.
In Kesavananda Bharati case, it was held that even Parliament cannot alter the basic structure, reinforcing the importance of Article 13 in protecting individual liberty.

Q.17. Can Constitutional Amendments be challenged under Article 13?
Ans:
Originally, it was argued that Constitutional Amendments were ‘law’ under Article 13 and hence subject to judicial review. However, the 24th Amendment added Article 13(4), stating that nothing in Article 13 shall apply to any amendment under Article 368.
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that while Constitutional Amendments are outside the scope of Article 13, they cannot destroy the ‘basic structure’ of the Constitution.
Thus, while Article 13 doesn’t directly apply to constitutional amendments anymore, the Basic Structure Doctrine functions as an effective check on arbitrary amendments. Article 13 remains crucial in invalidating ordinary laws that infringe upon Fundamental Rights.

Q.18. What is the importance of Fundamental Rights in Indian Constitution?
Ans:
Fundamental Rights are enshrined in Part III (Articles 12–35) of the Constitution. These rights are essential for the development of individuals and form the cornerstone of Indian democracy. They are enforceable by courts and provide protection against arbitrary State actions.
There are six categories of Fundamental Rights:

Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
They act as a limitation on State power and promote human dignity, liberty, and justice. The judiciary plays a pivotal role in safeguarding these rights through writs and public interest litigation (PILs).
Fundamental Rights have evolved through judicial interpretation, like the Right to Privacy being declared a Fundamental Right in 2017.

Q.19. Is the Preamble a part of the Constitution?
Ans:
Yes, the Preamble is a part of the Constitution as held in Kesavananda Bharati v. State of Kerala (1973). It sets out the philosophy and objectives of the Constitution and serves as a guiding light for its interpretation.
Earlier, in Berubari Union Case (1960), the Supreme Court held that the Preamble is not part of the Constitution. However, this view was overruled in Kesavananda Bharati where the court declared it as an integral part though not enforceable in a court of law.
The Preamble cannot be used to override specific provisions but can aid in interpreting ambiguous ones. It reflects the aspirations of the framers and embodies the values of justice, liberty, equality, and fraternity.

Q.20. What do you understand by ‘Secularism’ in the Indian context?
Ans:
In the Indian context, Secularism means equal respect for all religions. It does not advocate separation of religion and state as strictly as Western secularism but ensures religious neutrality by the State. The State neither promotes nor discriminates against any religion.
The word ‘Secular’ was added to the Preamble by the 42nd Constitutional Amendment (1976). Fundamental Rights such as Articles 25 to 28 guarantee freedom of religion to all citizens.
Indian secularism allows positive intervention by the State in religious matters to ensure equality and reform, such as banning untouchability or permitting temple entry for all castes.
Thus, Indian secularism is based on the idea of equal treatment of all religions with the aim of promoting communal harmony and unity in diversity.

Q.21: What is the significance of Article 13 of the Indian Constitution?

Ans:
Article 13 plays a pivotal role in safeguarding Fundamental Rights in the Indian Constitution. It states that any law that is inconsistent with or in derogation of the Fundamental Rights shall be void to the extent of the inconsistency. This provision gives teeth to the Fundamental Rights by ensuring that no law—whether past or future—can violate them.

Article 13(1) deals with pre-constitutional laws and declares that such laws shall become void if they are inconsistent with Fundamental Rights. Article 13(2) prohibits the State from making laws that violate Fundamental Rights. Clause (3) defines the term “law” broadly to include ordinances, orders, bye-laws, rules, regulations, notifications, and even custom or usage having the force of law.

Through this Article, the judiciary has the power of judicial review to strike down unconstitutional laws, making it a cornerstone of Indian constitutionalism. Article 13 thereby ensures that Fundamental Rights remain supreme and enforceable, preserving the ideals of justice, liberty, and equality.

Q.22: What is meant by the term ‘State’ under Article 12 of the Constitution?

Ans:
Under Article 12 of the Indian Constitution, the term ‘State’ has a wider connotation. It includes:

The Government and Parliament of India
The Government and Legislature of each State
All local or other authorities within the territory of India or under the control of the Government of India

The expression “other authorities” has been interpreted broadly by the judiciary to include bodies or institutions which are financially, functionally, and administratively dominated by the government. For instance, statutory bodies, public sector undertakings, and even private institutions performing public functions may fall under this definition.

The importance of Article 12 lies in the fact that Fundamental Rights under Part III can be enforced only against the “State.” Therefore, understanding who or what constitutes the State is essential for the application of constitutional rights and remedies.

Notable judgments such as R.D. Shetty v. International Airport Authority and Ajay Hasia v. Khalid Mujib have expanded the interpretation, emphasizing that any institution carrying out a public duty is subject to Fundamental Rights.

Q.23: What is the importance of the Preamble in the Indian Constitution?

Ans:
The Preamble is considered the soul and essence of the Indian Constitution. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and promises justice, liberty, equality, and fraternity to its citizens.

Although the Preamble is not enforceable in a court of law, it serves several important functions. It reflects the ideals and aspirations of the people. It acts as a guiding light for the interpretation of constitutional provisions. In the Kesavananda Bharati case (1973), the Supreme Court held that the Preamble is a part of the Constitution and can be used to interpret ambiguous areas of the text.

It also illustrates the philosophical foundation of the Constitution, showing the aims and objectives the Constitution intends to achieve. The Preamble is also significant in understanding the secular and inclusive nature of Indian democracy.

Q.24: What are the salient features of the Indian Constitution?

Ans:
The Indian Constitution is a unique blend of rigidity and flexibility and has several salient features:

Written Constitution: It is the longest written Constitution in the world, containing detailed provisions.
Federal Structure with Unitary Bias: India has a federal structure but the center holds significant power during emergencies.
Parliamentary System: The Constitution provides for a parliamentary system of government at the center and states.
Fundamental Rights and Duties: It ensures basic rights to citizens and prescribes fundamental duties.
Directive Principles of State Policy: These are non-justiciable principles meant to guide governance.
Independent Judiciary and Judicial Review: Ensures constitutional supremacy and protects Fundamental Rights.
Single Citizenship and Integrated Judiciary: Promotes unity and uniform justice.

These features reflect India’s commitment to democracy, secularism, and rule of law.

Q.25: Explain the principle of federalism under the Indian Constitution.

Ans:
Federalism refers to the division of powers between the central and state governments. The Indian Constitution establishes a federal structure with a strong unitary bias. The distribution of powers is detailed in the Seventh Schedule, which divides subjects into three lists—Union List, State List, and Concurrent List.

Unlike classic federal states like the USA, Indian federalism is more flexible. During emergencies, the center assumes greater control, indicating a unitary tilt. Moreover, the governor, appointed by the center, has supervisory powers over states.

However, the Supreme Court in cases like S.R. Bommai v. Union of India has emphasized the federal nature of the Constitution, calling federalism a part of the basic structure.

Thus, India follows “cooperative federalism,” balancing unity and regional autonomy while ensuring effective governance.

Unit-III

Q1: What is the Right to Equality under Articles 14 to 18?
Answer:
The Right to Equality is a fundamental right guaranteed under Articles 14 to 18 of the Indian Constitution. Article 14 ensures equality before the law and equal protection of the laws to all persons within the territory of India. It prohibits arbitrary discrimination by the State. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. However, it allows for special provisions for women, children, and socially and educationally backward classes. Article 16 ensures equality of opportunity in matters of public employment, while allowing reservations for backward classes and Scheduled Castes/Tribes. Article 17 abolishes untouchability and forbids its practice in any form. Article 18 abolishes titles, except for military or academic distinctions. Together, these articles aim to create a just and egalitarian society, eliminating inequality and promoting social justice.

Q2: What freedoms are guaranteed under Article 19 and what are the reasonable restrictions?
Answer:
Article 19 guarantees six fundamental freedoms to all Indian citizens: (1) Freedom of speech and expression, (2) Freedom to assemble peacefully, (3) Freedom to form associations or unions, (4) Freedom to move freely throughout India, (5) Freedom to reside and settle in any part of the country, and (6) Freedom to practice any profession or trade. However, these freedoms are not absolute and can be reasonably restricted in the interest of sovereignty and integrity of India, security of the State, public order, decency, morality, or in relation to contempt of court, defamation, and incitement to an offense. The doctrine of reasonable restrictions ensures a balance between individual liberty and public interest, allowing the State to regulate freedoms without arbitrarily infringing upon them.

Q3: What is meant by Protection against Ex-post Facto Laws under Article 20(1)?
Answer:
Article 20(1) of the Indian Constitution provides protection against ex-post facto laws. This means that a person cannot be convicted of an offense that was not a crime at the time it was committed. Similarly, a penalty that is greater than what was prescribed at the time of the offense cannot be imposed later by any retrospective law. This safeguard is available only in criminal matters and not civil liabilities. The objective is to ensure legal certainty and protect individuals from arbitrary punishment by retroactively changing the law. This is an essential component of the principle of natural justice and the rule of law, securing individual freedom and preventing misuse of legislative power.

Q4: Explain the Right to Life and Personal Liberty under Article 21.
Answer:
Article 21 of the Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This right is one of the most expansive and judicially interpreted rights in Indian law. The term “life” does not mean mere animal existence; it includes the right to live with dignity, right to shelter, health, education, livelihood, clean environment, and privacy. In Maneka Gandhi v. Union of India, the Supreme Court expanded the scope of Article 21 to include fairness, reasonableness, and non-arbitrariness in procedure. This article acts as the cornerstone for many other rights and protections under Indian law, ensuring that life and liberty cannot be curtailed without due process.

Q5: What is the significance of the Right to Education under Article 21A?
Answer:
Article 21A, inserted by the 86th Constitutional Amendment Act, 2002, makes education a fundamental right. It mandates the State to provide free and compulsory education to all children aged 6 to 14 years. The right is a derivative of Article 21, which ensures the right to life and dignity. This provision aims to eliminate illiteracy, reduce inequality, and promote social and economic empowerment. The Right of Children to Free and Compulsory Education Act, 2009 operationalized this mandate by laying down norms and standards for schools and ensuring child-friendly learning environments. This right is crucial for achieving inclusive growth and strengthening democracy.

Q6: What protection does Article 22 provide against arbitrary arrest and preventive detention?
Answer:
Article 22 provides specific safeguards to individuals against arbitrary arrest and preventive detention. For ordinary arrests, it guarantees that the person must be informed of the grounds of arrest, has the right to consult a lawyer, and must be produced before a magistrate within 24 hours. For preventive detention, the article permits detention without trial but imposes limitations such as review by an advisory board, communication of grounds within five days, and maximum detention for three months unless approved. While preventive detention laws are exceptions to regular criminal procedure, Article 22 ensures checks and balances to prevent misuse and uphold personal liberty.

Q7: What is Double Jeopardy, and how does Article 20(2) protect against it?
Answer:
Double jeopardy is a legal principle that prohibits an individual from being prosecuted or punished for the same offense more than once. Article 20(2) of the Constitution enshrines this principle by stating that “No person shall be prosecuted and punished for the same offense more than once.” This protection is available only in criminal proceedings and applies when the person has already been convicted or acquitted by a competent court. The aim is to ensure finality in criminal adjudication and protect individuals from State harassment through repeated prosecutions. This right upholds the principles of fairness and justice in the criminal justice system.

Q8: Explain the Privilege against Self-Incrimination under Article 20(3).
Answer:
Article 20(3) provides that no person accused of an offense shall be compelled to be a witness against himself. This is known as the privilege against self-incrimination. The protection is available only to persons formally accused of a crime and ensures that confessions or statements are made voluntarily. It prohibits the police or other authorities from coercing individuals into making statements that may incriminate them. However, it does not apply to physical evidence like fingerprints, handwriting samples, or blood tests. This right is fundamental to fair trial principles and reflects the adversarial nature of India’s criminal justice system, where the burden of proof lies on the prosecution.

Q9: How does Article 21 contribute to environmental protection in India?
Answer:
Although Article 21 does not explicitly mention the environment, the Supreme Court has interpreted the right to life to include the right to a healthy and pollution-free environment. In cases like Subhash Kumar v. State of Bihar and MC Mehta cases, the Court held that environmental degradation directly affects the quality of life and, therefore, violates Article 21. This interpretation has empowered citizens to seek judicial redress for environmental harm and has obligated the State to take necessary steps to preserve ecological balance. Thus, Article 21 has become a key constitutional tool for advancing environmental jurisprudence in India.

Q10: What is the importance of Fundamental Rights in a democracy?
Answer:
Fundamental Rights are essential for the development of individuals and for the functioning of a healthy democracy. They provide a framework for ensuring individual freedom, equality, and justice. These rights act as a limitation on the powers of the State and protect citizens against arbitrary action. They promote human dignity, enable participation in public life, and uphold the rule of law. Through judicial enforcement, they serve as a means to check executive and legislative excesses. In India, Fundamental Rights are justiciable, meaning they can be enforced through courts. This makes them vital in empowering citizens and maintaining constitutional governance.

Here are short question-answers (11 to 20) from Unit-III based on Fundamental Rights under the Indian Constitution (Articles 14–22), written in English, with each answer around 200–250 words:

Q11. What is the scope of Article 15 of the Indian Constitution?
Ans:
Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It is a crucial aspect of the Right to Equality. This Article ensures that the State shall not discriminate against any citizen on these grounds in matters of access to shops, public restaurants, hotels, and places of public entertainment or the use of wells, tanks, roads, and places of public resort maintained wholly or partly by State funds.

However, Article 15(3) and 15(4) allow the State to make special provisions for the advancement of women, children, and socially and educationally backward classes, including SCs and STs. In this way, Article 15 strikes a balance between formal equality and substantive equality. It provides a framework for affirmative action policies like reservations in education and jobs.

Q12. What does Article 16 of the Constitution deal with?
Ans:
Article 16 guarantees equality of opportunity in matters of public employment. It prohibits discrimination on the grounds of religion, race, caste, sex, descent, place of birth, or residence. It provides that all citizens shall have equal opportunity to be considered for employment or appointment to any office under the State.

However, Article 16(4) permits the State to make provisions for the reservation of posts for any backward class of citizens who are not adequately represented in the services under the State. This forms the constitutional basis for caste-based reservations in public employment.

The Supreme Court has upheld that merit must be interpreted inclusively to accommodate the principles of social justice. Hence, Article 16 promotes both equal opportunity and social equality by ensuring that underrepresented communities have fair access to public employment.

Q13. Explain Article 17 and its significance.
Ans:
Article 17 abolishes “untouchability” and forbids its practice in any form. It states that the enforcement of any disability arising out of untouchability shall be an offense punishable in accordance with law. This Article is a landmark in Indian constitutional law as it reflects the commitment of the Constitution to eliminate caste-based discrimination.

To enforce Article 17, Parliament enacted the Protection of Civil Rights Act, 1955, and later the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. These laws provide for stringent punishment for offenses related to untouchability and caste-based violence.

Article 17 is not subject to any limitations or exceptions and is thus absolute. It plays a key role in the social transformation of Indian society, fostering a sense of dignity and equality among the historically marginalized Dalit communities.

Q14. What is the importance of Article 18 regarding titles?
Ans:
Article 18 abolishes titles and prohibits the State from conferring any title (except military or academic distinctions). It further restricts Indian citizens from accepting any title from a foreign State. This Article aims to uphold the democratic ideals of equality and prevent the creation of artificial distinctions in society based on honorific titles.

Article 18(2) and 18(3) ensure that foreign nationals holding office in India cannot accept titles from their home countries without government approval. Additionally, Article 18(4) prevents Indian citizens from accepting any form of title from foreign States.

While national awards like Bharat Ratna, Padma Vibhushan, etc., are permitted, the Supreme Court in Balaji Raghavan v. Union of India (1996) held that they do not amount to “titles” under Article 18, as long as they are not used as prefixes or suffixes.

Q15. Discuss the freedoms guaranteed under Article 19(1).
Ans:
Article 19(1) guarantees six fundamental freedoms to Indian citizens:

Freedom of speech and expression
Freedom to assemble peaceably and without arms
Freedom to form associations or unions
Freedom to move freely throughout India
Freedom to reside and settle in any part of India
Freedom to practice any profession or carry on any occupation, trade, or business

These freedoms are not absolute and are subject to reasonable restrictions under Article 19(2) to 19(6) for reasons such as public order, morality, decency, security of the State, friendly relations with foreign States, etc.

Article 19 is the cornerstone of a liberal democracy, enabling free discourse, movement, and economic participation. The Supreme Court has expanded the scope of Article 19 through progressive judgments that protect press freedom, online expression, and peaceful protests.

Q16. What are the reasonable restrictions under Article 19?
Ans:
Article 19(2) to 19(6) permits the State to impose “reasonable restrictions” on the rights granted under Article 19(1). These restrictions must be legally sanctioned and should not be arbitrary or excessive.

The grounds for restrictions include:

Security of the State
Public order
Decency or morality
Contempt of court
Defamation
Incitement to an offense
Sovereignty and integrity of India
Friendly relations with foreign States

For instance, freedom of speech can be limited to prevent hate speech or promote communal harmony. Similarly, the right to assemble can be restricted to maintain law and order. The reasonableness of the restriction is subject to judicial review, ensuring a balance between individual liberty and societal interest.

Q17. What is meant by ‘Ex-post facto law’ and how is it prohibited?
Ans:
An ex-post facto law is one that retroactively changes the legal consequences of actions that were committed before the enactment of the law. Article 20(1) of the Indian Constitution prohibits the enactment of ex-post facto criminal laws. It ensures that no person shall be convicted for an act that was not a crime when committed, nor be subjected to a penalty greater than that prescribed at the time of the offense.

This protection is available only in criminal cases, not in civil matters. It is a vital safeguard against arbitrary legislative actions that may criminalize past behavior. The principle is rooted in natural justice and promotes legal certainty and fairness in criminal jurisprudence.

Q18. What is the significance of Article 21?
Ans:
Article 21 guarantees the right to life and personal liberty. It states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Originally, it provided protection only against executive actions, but later expanded to legislative actions through judicial interpretation.

The Supreme Court, in Maneka Gandhi v. Union of India (1978), gave Article 21 a broad interpretation, holding that “procedure established by law” must be fair, just, and reasonable. Over time, the Court has interpreted Article 21 to include rights like the right to privacy, right to clean environment, right to shelter, right to livelihood, and right to health.

It is one of the most vital and expansive rights under the Indian Constitution, protecting individuals against arbitrary State action.

Q19. How is the right to education protected under the Constitution?
Ans:
The Right to Education is protected as a fundamental right under Article 21A of the Constitution, added by the 86th Amendment Act, 2002. It mandates the State to provide free and compulsory education to all children between 6 to 14 years of age.

In addition, the broader interpretation of Article 21 by the Supreme Court in Unni Krishnan v. State of Andhra Pradesh (1993) held that the right to education is inherent in the right to life.

To implement Article 21A, Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009. This Act lays down norms related to teacher-student ratio, infrastructure, admission of disadvantaged children, and prohibits physical punishment and screening tests.

Q20. What is preventive detention, and how is it regulated?
Ans:
Preventive detention is the detention of a person without trial to prevent them from committing a future offense. It differs from punitive detention, which follows a conviction. Article 22 of the Constitution provides safeguards against arbitrary preventive detention.

According to Article 22:

A person detained preventively must be informed of the grounds of detention.
He must be given an opportunity to make a representation.
However, if the detention is under preventive laws, the rights to consult or be defended by a lawyer do not apply.
Detention beyond 3 months requires approval from an Advisory Board consisting of High Court judges.

Laws like the National Security Act (NSA), 1980, and COFEPOSA are examples of preventive detention statutes in India. While preventive detention is seen as necessary for national security, courts have stressed that it must not be misused and should follow procedural safeguards strictly.

Q21. What is the Protection Against Ex-Post Facto Law under Article 20(1)?
Answer:
Article 20(1) of the Indian Constitution provides protection against ex-post facto laws, meaning a person cannot be convicted for an act that was not an offence at the time it was committed. It also prevents the imposition of a greater penalty than what was applicable when the offence occurred. This provision safeguards individuals from retrospective criminal legislation and ensures fairness in the legal process. For instance, if a law is passed today making a past act a crime, no one can be punished under it. However, this protection applies only to criminal laws, not civil laws or taxation. The rationale behind this protection is to uphold the rule of law and prevent arbitrary state action. It is a fundamental right that ensures that the government cannot misuse legislative power to penalize individuals for actions done before a law came into force.

Q22. Explain the meaning and scope of ‘Right to Life and Personal Liberty’ under Article 21.
Answer:
Article 21 of the Constitution declares, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Originally interpreted narrowly, the scope of Article 21 has expanded significantly through judicial interpretation. The Supreme Court in Maneka Gandhi v. Union of India (1978) held that the “procedure established by law” must be just, fair, and reasonable. The ‘Right to Life’ has been interpreted to include the right to live with dignity, right to livelihood, right to health, right to privacy, and right to a clean environment. This Article has become a powerful tool for protecting human rights and ensuring government accountability. It acts as a cornerstone of constitutional governance in India and has evolved into a comprehensive safeguard for individual liberty.

Q23. What is the Right to Education under Article 21A?
Answer:
Article 21A was inserted in the Constitution by the 86th Constitutional Amendment Act, 2002. It states that the State shall provide free and compulsory education to all children aged 6 to 14 years in such manner as the State may, by law, determine. This right stems from the broader interpretation of Article 21, which includes the right to live with dignity. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) operationalizes Article 21A. It mandates that private schools reserve 25% of seats for children from weaker sections and disadvantaged groups. This right aims to provide equal opportunity in education, reduce illiteracy, and promote social justice. Education empowers individuals and plays a crucial role in the nation’s development, and Article 21A enshrines this as a justiciable right.

Q24. What is the Constitutional Protection Against Arrest and Preventive Detention?
Answer:
Articles 22(1) and 22(2) of the Indian Constitution provide protection against arbitrary arrest in case of criminal offences. A person arrested must be informed of the grounds of arrest, have the right to consult a lawyer, and be produced before a magistrate within 24 hours. However, Articles 22(3) to 22(7) deal with preventive detention, which allows the government to detain a person without trial if it believes the person may threaten public order or national security. Even in preventive detention, safeguards such as review by an Advisory Board and maximum detention period are provided. The Constitution attempts to strike a balance between individual liberty and the State’s need to maintain public order and security. However, misuse of preventive detention laws has often raised concerns regarding human rights.

Q25. What is meant by Double Jeopardy and Self-Incrimination under Article 20(2) & (3)?
Answer:
Article 20(2) of the Constitution guarantees protection against double jeopardy, which means no person shall be prosecuted and punished for the same offence more than once. It applies only when a person is both prosecuted and punished previously. Article 20(3) protects against self-incrimination, stating that no person accused of an offence shall be compelled to be a witness against himself. This ensures the fairness of legal proceedings and protects individuals from coercive interrogation. However, this protection applies only to accused persons in criminal cases, and voluntary confessions or evidence not involving compulsion are admissible. These provisions reflect the principles of natural justice and reinforce the fundamental rights guaranteed under Indian law.

Unit-IV

Q1. What are Rights against Exploitation under the Indian Constitution?
Answer:
The Rights against Exploitation are enshrined in Articles 23 and 24 of the Indian Constitution. These rights aim to abolish certain forms of exploitation prevalent in Indian society.
Article 23 prohibits human trafficking, forced labor (begar), and other forms of bonded labor. This provision is applicable to both the State and private individuals, meaning that no person can be compelled to provide labor against their will.
Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or hazardous employment. This provision aims to safeguard the right to childhood and education.
These rights are enforceable through courts, and any violation is punishable under law. Laws such as the Bonded Labour System (Abolition) Act, 1976, and Child Labour (Prohibition and Regulation) Act, 1986, further support these constitutional protections. These provisions uphold the human dignity and welfare of marginalized sections and are essential to a just and humane society.

Q2. What is the significance of the Right to Freedom of Religion in India?
Answer:
The Right to Freedom of Religion is a fundamental right guaranteed under Articles 25 to 28 of the Indian Constitution. It provides every person the freedom to profess, practice, and propagate their religion.
Article 25 ensures freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health.
Article 26 allows religious denominations to manage their own affairs in matters of religion.
Article 27 prohibits the State from compelling any citizen to pay taxes for the promotion of any particular religion.
Article 28 restricts religious instruction in educational institutions wholly funded by the State.
This right promotes secularism, a core feature of the Constitution, and ensures peaceful co-existence in a religiously diverse nation. However, this freedom is not absolute and is subject to reasonable restrictions to maintain social harmony.

Q3. Explain the Cultural and Educational Rights under the Constitution.
Answer:
The Cultural and Educational Rights are provided under Articles 29 and 30 of the Indian Constitution to protect the interests of minorities.
Article 29(1) guarantees that any section of citizens having a distinct language, script, or culture shall have the right to conserve it.
Article 29(2) ensures that no citizen shall be denied admission into any State-maintained or aided educational institution on grounds of religion, race, caste, language, or any of them.
Article 30(1) gives minorities the right to establish and administer educational institutions of their choice.
Article 30(2) ensures that the State shall not discriminate against any educational institution managed by a minority in granting aid.
These rights uphold the principle of pluralism and diversity in India and aim to ensure inclusive development for religious and linguistic minorities.

Q4. What is the Right to Constitutional Remedies?
Answer:
The Right to Constitutional Remedies is enshrined in Article 32 of the Indian Constitution and is considered the “heart and soul” of the Constitution by Dr. B.R. Ambedkar.
It empowers citizens to move the Supreme Court (and under Article 226, the High Courts) for enforcement of Fundamental Rights. The court may issue various writs such as:

Habeas Corpus – to release a person from unlawful detention.
Mandamus – to command a public authority to perform its duty.
Prohibition – to stop a lower court from exceeding its jurisdiction.
Certiorari – to quash an order passed without or in excess of jurisdiction.
Quo-Warranto – to question the legality of a person holding a public office.
This Article ensures that Fundamental Rights are not mere paper declarations but are enforceable in a court of law, forming a crucial element of the Rule of Law in India.

Q5. What are the limitations imposed on Fundamental Rights under Article 31A, 31B, and 31C?
Answer:
Articles 31A, 31B, and 31C introduce exceptions to the general rule of Fundamental Rights and are part of the Constitution’s mechanism to balance individual rights with larger socio-economic goals.
Article 31A protects laws relating to acquisition of estates and related reforms, even if they infringe upon Fundamental Rights like equality (Article 14).
Article 31B validates and immunizes laws placed in the Ninth Schedule from being challenged in courts for violating Fundamental Rights. However, post I.R. Coelho case (2007), such laws can still be reviewed if they damage the basic structure of the Constitution.
Article 31C provides protection to laws made for implementing Directive Principles under Article 39(b) and (c), even if they conflict with Articles 14 or 19.
These provisions show that while Fundamental Rights are crucial, they are not absolute and can be limited to achieve social justice and economic equality.

Q.6. What are the rights against exploitation under the Indian Constitution?

Ans:
The Indian Constitution, under Articles 23 and 24, provides rights against exploitation.

Article 23 prohibits human trafficking, begar (forced labor without payment), and other forms of forced labor. It is enforceable against both the State and private individuals.
Article 24 prohibits the employment of children below the age of 14 years in factories, mines, and other hazardous occupations.

These provisions are crucial for ensuring human dignity and eliminating social evils. Parliament has enacted laws like the Bonded Labour System (Abolition) Act, 1976, and the Child Labour (Prohibition and Regulation) Act, 1986 to enforce these rights. Violation of these articles can be challenged under Article 32 or Article 226 through writs. These protections reflect the commitment of the Indian state to social justice and equality.

Q.7. What is the significance of the Right to Freedom of Religion in India?

Ans:
Articles 25 to 28 of the Indian Constitution guarantee the Right to Freedom of Religion.

Article 25 ensures freedom of conscience and the right to freely profess, practice, and propagate religion.
Article 26 allows religious denominations to manage their own affairs.
Article 27 prohibits compulsion in payment of taxes for religious promotion.
Article 28 restricts religious instruction in government-aided institutions.

These rights promote India’s secular character by ensuring that individuals and communities can freely follow their faith without state interference, subject to public order, morality, and health. However, practices that violate fundamental rights or public welfare may be regulated or restricted by the State.

Q.8. What are Cultural and Educational Rights under the Indian Constitution?

Ans:
Articles 29 and 30 provide cultural and educational rights, mainly to protect minority interests:

Article 29(1) gives every section of citizens the right to conserve their distinct language, script, or culture.
Article 29(2) prohibits denial of admission into educational institutions on grounds of religion, race, caste, or language.
Article 30(1) allows minorities (based on religion or language) to establish and administer educational institutions.
Article 30(2) ensures that the State does not discriminate in granting aid to such institutions.

These provisions uphold India’s pluralistic ethos and safeguard diversity. They are especially vital for linguistic and religious minorities to preserve their identity and have equitable access to education.

Q.9. What is the Right to Constitutional Remedies?

Ans:
Article 32 of the Constitution provides the Right to Constitutional Remedies, described by Dr. B.R. Ambedkar as the “heart and soul” of the Constitution. It empowers citizens to approach the Supreme Court directly in case of violation of their fundamental rights.

The court may issue writs such as:

Habeas Corpus (to produce a detained person),
Mandamus (to compel duty),
Prohibition,
Certiorari, and
Quo-Warranto.

This right is both fundamental and remedial in nature. Article 226 of the Constitution gives similar power to High Courts, often with a broader scope (including legal rights). Thus, Article 32 is a powerful tool ensuring accountability of the State and protection of individual freedoms.

Q.10. What are the limitations on Fundamental Rights under Articles 31A, 31B and 31C?

Ans:
Articles 31A, 31B and 31C were introduced to protect specific laws from being challenged for violating Fundamental Rights:

Article 31A protects laws related to abolition of zamindari, acquisition of estates, and agrarian reforms, even if they violate Article 14 or Article 19.
Article 31B validates laws placed in the Ninth Schedule of the Constitution, shielding them from judicial review under Part III, although this protection is now subject to basic structure review after the I.R. Coelho case (2007).
Article 31C grants immunity to laws implementing Directive Principles of State Policy under Articles 39(b) and (c) from being challenged under Articles 14 and 19.

These provisions ensure that socio-economic reforms and welfare legislation are not struck down merely on the basis of fundamental rights violations, thereby balancing individual rights with public interest.

Q.10. What is Article 31C and how does it limit Fundamental Rights?
Ans:
Article 31C was introduced by the 25th Constitutional Amendment Act, 1971. It provides that if any law is made to give effect to the Directive Principles of State Policy contained in Article 39(b) and (c), it cannot be challenged on the ground that it violates the rights guaranteed under Article 14 (Right to Equality) or Article 19 (Freedoms). In other words, laws enacted to achieve economic justice and remove inequalities in the distribution of wealth, or control the material resources for the common good, are given protection even if they infringe fundamental rights.

Later, the 42nd Amendment attempted to expand this protection to all Directive Principles, but the Supreme Court in Minerva Mills v. Union of India (1980) held that such expansion is unconstitutional as it destroys the “basic structure” of the Constitution. Hence, only laws enacted for Article 39(b) and (c) are protected under Article 31C. This provision reflects the balance between individual rights and the goal of social justice.

Q.11. What are Rights against Exploitation under Articles 23 and 24?
Ans:
Articles 23 and 24 of the Indian Constitution provide protection against exploitation, especially of vulnerable and marginalized sections of society.

Article 23 prohibits human trafficking, begar (forced labor without payment), and other similar forms of forced labor. Any contravention of this article is a punishable offense. It applies not only to the State but also to private individuals. This provision ensures that no person is exploited physically or economically.

Article 24 prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous employment. This provision was reinforced by subsequent legislation like the Child Labour (Prohibition and Regulation) Act, and further strengthened by Article 21A (Right to Education).

Together, Articles 23 and 24 uphold the dignity of the individual and aim to eliminate exploitative practices rooted in economic and social inequalities.

Q.12. What is the scope of Article 25 – Right to Freedom of Religion?
Ans:
Article 25 guarantees all persons the freedom of conscience and the right to freely profess, practice, and propagate religion. This freedom, however, is not absolute. It is subject to public order, morality, health, and other provisions relating to Fundamental Rights.

This right includes the freedom to believe in any religion or no religion. The term “propagate” means to spread or publicize one’s religion, but not to forcibly convert others, as clarified by the Supreme Court in Rev. Stainislaus v. State of Madhya Pradesh (1977).

The Article also allows the State to regulate or restrict secular activities associated with religious practices (like economic or political aspects of a temple), and to provide social welfare and reform, including opening of Hindu religious institutions to all classes and sections of Hindus.

Thus, Article 25 balances individual religious freedom with the interests of public welfare and reform.

Q.13. What is Article 26 and its relevance for religious denominations?
Ans:
Article 26 guarantees every religious denomination the freedom to manage its own affairs in matters of religion. It includes four rights:

(a) Establish and maintain religious institutions
(b) Manage its own affairs in matters of religion
(c) Own and acquire property
(d) Administer such property in accordance with law

These rights are available to only religious denominations or sections thereof, and not to individuals. However, these are subject to public order, morality, and health.

In S.P. Mittal v. Union of India, the Court held that to claim protection under Article 26, a group must qualify as a religious denomination, which implies having a common faith, organization, and distinctiveness.

This Article protects religious autonomy and ensures pluralism in Indian society, but at the same time allows State regulation in secular matters like property and management.

Q.14. What are Cultural and Educational Rights under Articles 29 and 30?
Ans:
Articles 29 and 30 of the Constitution protect the cultural and educational rights of minorities.

Article 29(1) protects the right of any section of citizens having a distinct language, script, or culture to conserve the same, irrespective of religion.
Article 29(2) prohibits denial of admission into educational institutions maintained or aided by the State on the grounds of religion, race, caste, or language.

Article 30(1) grants religious and linguistic minorities the right to establish and administer educational institutions of their choice.
Article 30(2) prohibits the State from discriminating in granting aid to minority institutions.

These provisions preserve India’s cultural diversity and promote minority rights. However, these rights are not absolute and may be regulated in the interest of public welfare, as seen in cases like T.M.A. Pai Foundation v. State of Karnataka.

Q.15. Explain Article 32 – Right to Constitutional Remedies.
Ans:
Article 32 is known as the “heart and soul” of the Constitution, as described by Dr. B.R. Ambedkar. It guarantees the right to move the Supreme Court directly for the enforcement of Fundamental Rights.

Under this Article, the Supreme Court can issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto. These writs serve as remedies when Fundamental Rights are violated.

The right under Article 32 is itself a Fundamental Right, meaning its violation allows one to seek direct remedy from the apex court. This Article plays a crucial role in judicial review and protecting the rule of law.

Though powerful, this right is suspended during a National Emergency (except rights under Articles 20 and 21).

Q.16. What is Habeas Corpus and when can it be filed?
Ans:
Habeas Corpus is a Latin term meaning “to have the body.” It is one of the five writs guaranteed under Article 32 and 226 and is used to protect personal liberty.

This writ is issued by the court to produce a person who is detained unlawfully before it, and if the detention is found illegal, the court orders release. It can be filed by the person detained or even by someone else on their behalf (next friend).

The writ is a bulwark against illegal detention by the State or even private individuals. However, it cannot be used when the detention is under lawful authority (like under preventive detention laws).

In ADM Jabalpur v. Shivkant Shukla (1976) during Emergency, the SC controversially held that even Habeas Corpus could be suspended. However, this was later overruled in Justice K.S. Puttaswamy v. Union of India (2017).

Q.17. What is the difference between Article 32 and Article 226?
Ans:
Article 32 empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights. It is a guaranteed Fundamental Right under the Constitution.

Article 226 empowers High Courts to issue writs not only for Fundamental Rights but also for any other legal rights. Therefore, its scope is broader than Article 32.

While Article 32 is limited to Fundamental Rights, Article 226 can be invoked even when no Fundamental Right is violated. However, Article 32 is applicable throughout India, whereas Article 226 is territorial (applicable to the State over which the High Court has jurisdiction).

Also, Article 32 cannot be suspended except during emergency, while High Court’s powers under Article 226 are discretionary and not a Fundamental Right.

Q.18. What are the limitations on Fundamental Rights under Article 31A?
Ans:
Article 31A protects laws relating to agricultural land reforms, acquisition of estates, and abolition of the zamindari system. It was inserted to prevent courts from striking down such laws on the grounds of violation of Fundamental Rights.

Specifically, it states that any law made for:

Acquisition of estates
Taking over of management of properties
Amalgamation of corporations
Extinguishing or modifying rights of directors

shall not be deemed void on the grounds that it violates Article 14 or 19.

This was necessary for the implementation of land reforms, a key goal of the Directive Principles. Article 31A provides constitutional immunity to such laws even if they limit Fundamental Rights.

Q.19. What is the role of Article 31B and the Ninth Schedule?
Ans:
Article 31B, along with the Ninth Schedule, was introduced by the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights.

Any law placed in the Ninth Schedule is immune from challenge under Part III of the Constitution. Initially, it was used to protect land reform laws, but later, several other types of laws were included.

However, in I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court ruled that even laws placed under the Ninth Schedule after April 24, 1973 (the date of Kesavananda Bharati judgment) are subject to judicial review. If they damage the basic structure, they can be struck down.

Thus, Article 31B does not give unlimited protection and is subject to the doctrine of basic structure.

Q.20. What is Article 31C and its constitutional validity?
Ans:
Article 31C was introduced to give primacy to certain Directive Principles over Fundamental Rights. It protects laws giving effect to Article 39(b) and (c) (equitable distribution of resources) from being challenged for violating Articles 14 or 19.

However, the 42nd Amendment extended this protection to all Directive Principles, not just Article 39(b) and (c). But in Minerva Mills v. Union of India (1980), the Supreme Court struck down this broader extension, stating it destroyed the basic structure of the Constitution.

Thus, only laws implementing Article 39(b) and (c) are protected under Article 31C, and even that is subject to basic structure review.

Q.21. What is Article 23 of the Constitution and how does it prohibit exploitation?
Answer:
Article 23 of the Indian Constitution prohibits human trafficking and all forms of forced labour and begar. Human trafficking includes the sale and purchase of men, women, and children for immoral or other purposes. The term “begar” refers to compulsory work without payment, which was commonly practiced during colonial times. Article 23 applies to both the State and private individuals, making it a unique Fundamental Right with horizontal application. Violations of this article are punishable under laws such as the Indian Penal Code and the Immoral Traffic (Prevention) Act, 1956. This article is essential for upholding human dignity, protecting marginalized communities, and ensuring that labour is not extracted by coercion. However, Article 23 allows the State to mandate compulsory service for public purposes like military or social service, provided that no discrimination is made solely on grounds of religion, race, caste, or class.

Q.22. Discuss the provisions under Article 24 regarding the employment of children.
Answer:
Article 24 of the Constitution provides for the prohibition of employment of children below the age of 14 years in any factory, mine, or other hazardous employment. The aim of this article is to protect children from physical and mental exploitation that may arise from early involvement in labor. However, this article does not prohibit children from working in non-hazardous occupations, such as family businesses or agriculture. Article 24 is reinforced by laws like the Child Labour (Prohibition and Regulation) Act, 1986, and the Right to Education Act, 2009, which together seek to remove children from exploitative labour and place them into schools. The Supreme Court, in multiple judgments, has emphasized the need for strict enforcement of this provision and directed the government to rehabilitate child labourers. This constitutional safeguard plays a vital role in preserving the childhood and future of children in India.

Q.23. What does the Constitution say about the Right to Freedom of Religion under Articles 25–28?
Answer:
Articles 25 to 28 of the Indian Constitution grant the Right to Freedom of Religion to all persons.

Article 25 guarantees freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health.
Article 26 allows religious denominations to manage their own religious affairs, including the establishment of institutions.
Article 27 prohibits the use of tax revenues to promote or maintain any religion.
Article 28 ensures that no religious instruction is imparted in wholly government-funded educational institutions.
These provisions reflect the secular character of the Indian State, which neither promotes nor interferes unduly in religious matters. However, the rights are not absolute and may be reasonably restricted by the State. For instance, harmful practices like untouchability or animal sacrifice may be regulated or prohibited. This balance maintains religious freedom while ensuring that the larger interests of society are protected.

Q.24. Explain the significance of Article 29 and Article 30 in protecting cultural and educational rights.
Answer:
Articles 29 and 30 of the Constitution safeguard the cultural and educational rights of minorities:

Article 29(1) provides that any section of citizens having a distinct language, script, or culture has the right to conserve it.
Article 29(2) ensures that no citizen is denied admission into educational institutions on grounds of religion, race, caste, or language.
Article 30(1) grants all minorities (religious or linguistic) the right to establish and administer educational institutions of their choice.
Article 30(2) ensures that the State shall not discriminate in granting aid to such institutions.
These provisions empower minorities to preserve their identity and ensure their equitable participation in education. For example, Christian and Muslim communities run their own schools and colleges across India under these provisions. The Supreme Court has upheld these rights in several cases, balancing them against regulatory powers of the State to maintain academic standards. This framework is crucial for India’s pluralism and the protection of minority interests.

Q.25. What are Articles 31A, 31B, and 31C and how do they limit Fundamental Rights?
Answer:
Articles 31A, 31B, and 31C are special provisions inserted to protect certain laws from being challenged for violating Fundamental Rights, thereby imposing limitations on those rights:

Article 31A protects laws related to agrarian reforms, such as abolition of zamindari, from being invalidated for violating Article 14 (equality) or Article 19 (freedom).
Article 31B, along with the Ninth Schedule, validates laws listed in it, even if they conflict with Fundamental Rights. This was originally meant to safeguard land reform laws.
Article 31C protects laws enacted to give effect to Directive Principles in Articles 39(b) and (c), even if they violate Articles 14 or 19.
These provisions were introduced through Constitutional Amendments (e.g., 1st, 25th, and 42nd Amendments) to give priority to social justice and economic reform over individual rights. However, in the Kesavananda Bharati case (1973), the Supreme Court ruled that these protections cannot destroy the basic structure of the Constitution. Thus, while these articles impose limits on Fundamental Rights, they must be interpreted carefully to balance individual freedoms and socio-economic justice.

Unit-V

Q1. What is the significance of the Directive Principles of State Policy (DPSPs)?

Ans:
The Directive Principles of State Policy (DPSPs) enshrined in Part IV (Articles 36 to 51) of the Indian Constitution provide guidelines to the central and state governments for establishing a just and equitable society. Although not enforceable by any court, they are fundamental in the governance of the country. DPSPs aim to ensure social and economic democracy through a welfare state. They direct the State to secure adequate livelihood, equitable distribution of wealth, equal pay for equal work, protection of children, and opportunities for education and public health. Their significance lies in complementing the Fundamental Rights to realize the ideals of justice—social, economic, and political—mentioned in the Preamble. Courts have also interpreted these principles to harmonize with fundamental rights, influencing legislation and policy-making in areas like environmental protection, education (e.g., Right to Education Act), and equitable resource distribution.

Q2. Explain the nature of Directive Principles of State Policy.

Ans:
The Directive Principles of State Policy are non-justiciable constitutional directions to the government, which means they are not legally enforceable in a court of law. However, they are fundamental in governance, as per Article 37. The nature of these principles is moral, political, and socio-economic. They reflect the ideals of socialism, Gandhian philosophy, and liberalism. Though not binding like Fundamental Rights, they guide the legislative and executive organs of the State to promote the welfare of people and reduce inequalities. They act as a moral compass for the government to bring about progressive reforms. The Supreme Court has reiterated in several cases, like Minerva Mills v. Union of India, that the DPSPs are equally important as Fundamental Rights and should be harmonized rather than viewed in conflict.

Q3. How are Directive Principles of State Policy classified?

Ans:
Directive Principles of State Policy are generally classified into three broad categories:

Socialistic Principles: These aim at establishing a welfare state, promoting social justice, and reducing economic inequality. Examples include Articles 38, 39, 41, 42, 43, etc.
Gandhian Principles: Inspired by Mahatma Gandhi’s ideology, these aim to promote village panchayats, cottage industries, prohibition, and protection of cow and environment. Examples: Articles 40, 43, 46, 47, and 48.
Liberal-Intellectual Principles: These reflect Western liberalism and focus on international peace, uniform civil code, protection of monuments, and environment. Articles: 44, 45, 48A, and 51.
These classifications help understand the ideological foundation of the Indian Constitution and assist lawmakers in prioritizing social reforms.

Q4. Discuss the application of Directive Principles through judicial decisions.

Ans:
The judiciary has played a vital role in giving life to the Directive Principles through progressive interpretation. Although DPSPs are non-justiciable, courts have applied them indirectly in many landmark cases. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that DPSPs are integral to the basic structure of the Constitution. In Minerva Mills v. Union of India (1980), it ruled that there must be a balance between Fundamental Rights and DPSPs. In Unni Krishnan v. State of Andhra Pradesh (1993), the Right to Education (a DPSP under Article 45) was read into Article 21. Further, in M.C. Mehta v. Union of India, the court used Article 48A (environment protection) to enforce environmental laws. Thus, the judiciary has elevated the importance of DPSPs by interpreting them in consonance with enforceable rights.

Q5. What is the relationship between Fundamental Rights and Directive Principles?

Ans:
The relationship between Fundamental Rights and Directive Principles is both complementary and occasionally conflicting. While Fundamental Rights (Part III) are enforceable by courts, Directive Principles (Part IV) are not. Initially, courts gave primacy to Fundamental Rights in cases like Champakam Dorairajan v. State of Madras (1951), striking down laws inconsistent with FRs even if based on DPSPs. However, the Kesavananda Bharati and Minerva Mills cases emphasized that both parts are integral to the Constitution’s basic structure. Today, courts strive for harmonious construction between the two. For instance, the Right to Education (Art. 21A) emerged from Article 45 (DPSP). Thus, DPSPs serve as a guide for interpreting Fundamental Rights, and vice versa, ensuring that the Constitution is interpreted holistically for inclusive development.

Q6. What are Fundamental Duties, and why were they added to the Constitution?

Ans:
Fundamental Duties are moral obligations of all citizens to help promote a spirit of patriotism and uphold the unity of India. These duties were not part of the original Constitution and were added by the 42nd Constitutional Amendment Act, 1976, following the recommendations of the Swaran Singh Committee. They are enumerated under Article 51A in Part IVA and currently list 11 duties, including respecting the Constitution, promoting harmony, protecting the environment, and developing scientific temper. Their inclusion aims to remind citizens of their responsibilities in a democratic setup. Though non-justiciable, they are increasingly being used by courts in interpreting constitutional provisions and in public interest litigation.

Q7. Explain the significance of Fundamental Duties in a democratic society.

Ans:
Fundamental Duties serve as a constant reminder to citizens that while enjoying rights, they must also perform certain obligations towards the nation. In a democracy, the active participation of citizens in nation-building is crucial. These duties encourage discipline, social responsibility, respect for constitutional institutions, and promotion of national unity. In AIIMS Students Union v. AIIMS, the Supreme Court observed that duties are as important as rights. They foster values like secularism, environmental conservation, and scientific temperament. Even though they are not enforceable, laws may be framed to enforce compliance, and courts often refer to them to strengthen legal reasoning in public interest cases. They are essential for balancing individual freedom with collective interest.

Q8. What is the judicial interpretation of Fundamental Duties in India?

Ans:
Although Fundamental Duties are non-enforceable, Indian courts have referred to them in various judgments to promote constitutional values. In Rangnath Mishra v. Union of India, the court emphasized the need for inculcating constitutional duties through education. In AIIMS Students Union v. AIIMS, the Supreme Court highlighted that duties should be followed to preserve unity and integrity. In Mohammad Hanif Quareshi v. State of Bihar, Article 51A(g), regarding animal compassion, supported the validity of cow slaughter bans. Courts have used these duties as interpretative tools to strengthen public morality and collective consciousness. Though not directly enforceable, their judicial recognition underlines their growing importance in maintaining constitutional balance.

Q9. How does Article 31A, 31B, and 31C limit Fundamental Rights?

Ans:
Articles 31A, 31B, and 31C are constitutional provisions that limit the enforceability of Fundamental Rights to safeguard laws that implement socio-economic reforms:

Article 31A protects laws related to agrarian reforms from being challenged under Articles 14 and 19.
Article 31B protects laws included in the Ninth Schedule, even if they violate Fundamental Rights.
Article 31C originally protected laws implementing DPSPs under Article 39(b) and (c). After the 42nd Amendment, it extended protection to all DPSPs, but this was struck down in Minerva Mills v. Union of India for violating the basic structure doctrine.

These provisions demonstrate the Constitution’s attempt to balance social justice (through DPSPs) and individual liberty (through FRs).

Q10. Are Directive Principles justiciable? Discuss with examples.

Ans:
No, the Directive Principles of State Policy are not justiciable, meaning they cannot be enforced through courts. Article 37 clearly states that while DPSPs are fundamental in the governance of the country, they are not enforceable by any court. However, they are important for legislation and policy decisions. For example, the Right to Education Act, 2009 was enacted in line with Article 45. Similarly, Article 48A, which directs the State to protect the environment, inspired environmental legislations and judicial activism in cases like M.C. Mehta v. Union of India. Although courts cannot compel the government to implement DPSPs, they often rely on them to interpret laws in a manner that promotes public welfare. Thus, while non-justiciable, DPSPs play a crucial role in shaping Indian law and policy.

Q11. What are the Socialist Principles under the Directive Principles of State Policy?
Ans:
The Socialist Principles of DPSP aim to achieve social and economic justice and eliminate inequality. Articles like 38, 39, 41, 42, and 43 of the Indian Constitution fall under this category. Article 38 directs the State to promote the welfare of the people by securing a social order based on justice—social, economic, and political. Article 39 ensures equal pay for equal work, adequate means of livelihood for all citizens, and protection of children. Article 41 provides for the right to work, education, and public assistance. These principles guide the government in formulating policies that promote equitable distribution of resources and reduce the gap between rich and poor. Though not enforceable by courts, these principles act as moral guidelines for good governance.

Q12. What are the Gandhian Principles in the Directive Principles?
Ans:
The Gandhian Principles in DPSPs are inspired by the ideologies of Mahatma Gandhi and aim to promote self-reliance and rural development. Articles 40, 43, 46, 47, and 48 are included under this head. Article 40 directs the State to organize village panchayats. Article 43 promotes cottage industries. Article 46 seeks to protect the educational and economic interests of Scheduled Castes and Tribes. Article 47 deals with the duty of the State to raise the level of nutrition and public health. Article 48 encourages the organization of agriculture and animal husbandry on modern lines. These principles aim to establish a society based on Gandhian ideals of non-violence, decentralization, and grassroots democracy.

Q13. What are the Liberal-Intellectual Principles of DPSPs?
Ans:
Liberal-Intellectual principles promote freedom, justice, and welfare. Articles such as 44 (Uniform Civil Code), 45 (Early childhood care and education), 48 (Scientific agriculture), and 50 (Separation of judiciary from executive) are examples. Article 44 encourages a Uniform Civil Code for all citizens. Article 45 aims to provide early childhood care and education. Article 48 promotes modern techniques in agriculture. Article 50 directs the State to ensure separation of the judiciary from the executive. These principles reflect the liberal values of a democratic society and encourage rational policy-making. While not enforceable by courts, they play a critical role in the State’s governance framework.

Q14. How has the judiciary interpreted the relationship between Fundamental Rights and DPSPs?
Ans:
The judiciary has evolved the doctrine of “harmonious construction” to interpret the relationship between Fundamental Rights and DPSPs. Initially, in Champakam Dorairajan v. State of Madras (1951), Fundamental Rights were held superior. However, in later judgments like Kesavananda Bharati v. State of Kerala (1973) and Minerva Mills v. Union of India (1980), the Supreme Court ruled that both Fundamental Rights and DPSPs are essential to the Constitution and should be balanced harmoniously. DPSPs cannot override Fundamental Rights but can guide their interpretation and implementation. This approach ensures that socio-economic goals are not sacrificed while preserving individual freedoms.

Q15. What is the significance of Article 31C in balancing DPSPs and Fundamental Rights?
Ans:
Article 31C was introduced to give primacy to certain DPSPs over Fundamental Rights under Articles 14 and 19. It states that laws made to implement Articles 39(b) and 39(c), which aim to distribute material resources and prevent economic concentration, cannot be challenged for violating equality or freedom rights. However, in Minerva Mills v. Union of India, the expanded version of Article 31C was struck down as unconstitutional. The court held that giving absolute precedence to DPSPs would destroy the balance between individual rights and State objectives. Therefore, Article 31C remains applicable only to Articles 39(b) and (c), maintaining constitutional equilibrium.

Q16. What are Fundamental Duties and when were they added to the Constitution?
Ans:
Fundamental Duties were added by the 42nd Constitutional Amendment Act, 1976, in Part IVA (Article 51A) based on the recommendations of the Swaran Singh Committee. There are currently 11 Fundamental Duties. They serve as moral obligations for citizens, such as respecting the Constitution, national flag, promoting harmony, safeguarding public property, and developing scientific temper. Though not enforceable by law, they act as a constant reminder to citizens about their responsibilities towards the nation and society. They aim to promote civic sense, discipline, and a sense of patriotism, thereby complementing the rights granted under the Constitution.

Q17. How do Fundamental Duties complement Fundamental Rights?
Ans:
Fundamental Duties complement Fundamental Rights by ensuring a responsible exercise of freedoms. While Fundamental Rights empower individuals, Duties remind them of their obligations to society and the nation. For example, the Right to Freedom of Religion (Article 25) is balanced by the duty to promote harmony (Article 51A(e)). Similarly, the Right to Education (Article 21A) is complemented by the duty of parents to provide education (Article 51A(k)). By aligning duties with rights, the Constitution fosters a responsible and participative citizenry, creating a balanced democracy where freedom and responsibility go hand in hand.

Q18. Are Fundamental Duties enforceable by law?
Ans:
Fundamental Duties are not directly enforceable by courts. However, Parliament can make laws to enforce them. For instance, laws against disrespecting the National Flag or National Anthem uphold Article 51A(a). The Environment Protection Act, 1986, indirectly enforces Article 51A(g), which calls upon citizens to protect the environment. The judiciary has also invoked duties in various judgments to strengthen public morality and discipline. Although not justiciable, Fundamental Duties carry moral and ethical weight, guiding both citizens and the State towards constitutional values.

Q19. What is the judicial significance of Fundamental Duties?
Ans:
The judiciary has used Fundamental Duties as interpretative tools to uphold constitutional goals. In AIIMS Students Union v. AIIMS (2001), the Supreme Court held that duties are integral to national development and discipline. In MC Mehta v. Union of India, the Court invoked Article 51A(g) to strengthen environmental protection. Though non-justiciable, courts often refer to them to guide judgments, especially where public interest is concerned. They also serve to restrict misuse of Fundamental Rights, ensuring that rights are exercised with responsibility.

Q20. How can awareness about Fundamental Duties be increased among citizens?
Ans:
To increase awareness, Fundamental Duties should be incorporated into the education system through civics and value-based learning. Public awareness campaigns, community outreach, and government advertisements can emphasize civic responsibilities. Observance of Constitution Day (26th November) and Republic Day can be used to highlight these duties. Including duties on official documents like school textbooks, identity cards, or public spaces can also help. Promoting responsible citizenship through NGOs, media, and social platforms ensures that every citizen understands and upholds their duties, strengthening the democratic fabric of India.

Q.21. How do Directive Principles influence legislative and executive policies in India?
Ans:
Directive Principles of State Policy (DPSPs), though non-justiciable, have played a significant role in shaping legislative and executive policies in India. Enshrined in Part IV (Articles 36–51) of the Constitution, these principles aim to establish a just and equitable society. The Parliament and State Legislatures have used DPSPs as guiding values for formulating laws and policies related to education, health, environment, labour rights, and social welfare.

For example, Article 39(b) and (c) have inspired land reform laws; Article 45 led to the Right to Education; and Article 48A resulted in environmental protection measures. The judiciary has also interpreted fundamental rights in harmony with DPSPs, ensuring broader socio-economic justice. Overall, DPSPs influence policymaking by embedding constitutional morality and social goals in governance.

Q.22. Discuss the implementation challenges of Directive Principles in India.
Ans:
While Directive Principles aim to promote social and economic welfare, their implementation faces several challenges. Firstly, being non-enforceable by courts, these provisions depend entirely on political will for execution. Secondly, limited financial resources and administrative inefficiency hinder effective realization of these principles, especially in underdeveloped regions.

Moreover, there is often a conflict between Fundamental Rights and DPSPs, particularly when socio-economic reform laws conflict with individual liberties. For instance, land ceiling laws aimed at equality were challenged under the right to property. Although the 42nd Amendment sought to resolve such conflicts in favour of DPSPs, practical application remains inconsistent. Lastly, lack of awareness among citizens about DPSPs further weakens public pressure on governments to implement them effectively.

Q.23. What is the constitutional status of Fundamental Duties?
Ans:
Fundamental Duties are listed in Article 51A of the Constitution and were added by the 42nd Constitutional Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee. These duties serve as moral obligations for every citizen to uphold the spirit of the Constitution, respect national symbols, and promote harmony, scientific temper, and environmental protection.

Although not enforceable by law, some of these duties have been given legal backing. For example, disrespecting the national anthem or flag can attract penal provisions. Courts have also referred to Fundamental Duties in judgments related to environmental protection and social responsibility, making them relevant in legal interpretation. Their main significance lies in promoting civic sense and responsible citizenship in a democratic society.

Q.24. Discuss the judicial interpretation of Fundamental Duties.
Ans:
Judiciary has played a vital role in giving meaning and relevance to Fundamental Duties. Although non-justiciable, the Supreme Court and High Courts have often relied on Article 51A to interpret laws and promote constitutional values. In AIIMS Students Union v. AIIMS (2001), the Court stated that duties under Article 51A could be enforced if there is a law backing them.

In MC Mehta v. Union of India (1987), the Court emphasized the duty to protect the environment under Article 51A(g), making it a constitutional obligation. Similarly, in the Aruna Roy case, the Court upheld the introduction of value-based education, drawing from Article 51A(e) & (j). Through such interpretations, the judiciary has given life to Fundamental Duties and ensured their alignment with national interest.

Q.25. How do Fundamental Duties complement Fundamental Rights?
Ans:
Fundamental Duties and Fundamental Rights are complementary in nature. While rights provide freedoms and entitlements, duties emphasize responsibility and obligation. The balance between the two ensures a well-functioning democracy where citizens not only enjoy liberties but also contribute to the nation’s development and harmony.

For instance, the right to religious freedom (Article 25) is complemented by the duty to promote harmony (Article 51A(e)). Similarly, the right to a clean environment aligns with the duty to protect and improve the natural environment (Article 51A(g)). This mutual reinforcement promotes a culture of respect, tolerance, and discipline. Recognizing this synergy, the judiciary often interprets rights and duties together, thereby nurturing a sense of constitutional citizenship among people.