PAPER-III: CONSTITUTIONAL LAW-I Unit-II

PAPER-III: CONSTITUTIONAL LAW-I Unit-II

✅ 1. Explain the Nature and Salient Features of the Indian Constitution.
Long Answer:

Nature of the Indian Constitution:

The Constitution of India is one of the most comprehensive and detailed constitutions in the world. Its nature can be described through the following characteristics:

  1. Written Constitution:
    The Indian Constitution is a written and codified document. It was adopted by the Constituent Assembly on 26th November 1949 and came into effect on 26th January 1950. It originally had 395 Articles, 22 Parts, and 8 Schedules (now it has 470+ Articles, 25 Parts, and 12 Schedules due to amendments).
  2. Federal in Structure with Unitary Features:
    India is a federal polity where powers are distributed between the Centre and the States. However, it also has unitary features such as a strong Centre, single Constitution, and emergency provisions which make it quasi-federal.
  3. Sovereign, Socialist, Secular, Democratic Republic:
    These are the key ideals mentioned in the Preamble. India is:

    • Sovereign – Free to make its own laws and policies.
    • Socialist – Committed to social and economic equality.
    • Secular – Neutral towards all religions.
    • Democratic – Power lies with the people, who elect their representatives.
    • Republic – The head of state is elected and not hereditary.
  4. Supremacy of the Constitution:
    The Constitution is the supreme law of the land. All laws and actions of the government must conform to it. Any law violating the Constitution can be declared void by the judiciary.
  5. Blend of Rigidity and Flexibility:
    The Indian Constitution is neither too rigid nor too flexible. Some provisions can be amended by a simple majority, while others require a special majority or ratification by states, as provided in Article 368.
  6. Parliamentary System of Government:
    It provides for a parliamentary form of government, both at the Centre and in the States, based on the British model. The Prime Minister is the real executive head, while the President is the nominal head.
  7. Independent and Integrated Judiciary:
    The Indian Constitution establishes an independent judiciary to safeguard the rights of citizens and uphold constitutional values. The Supreme Court is the apex court, followed by High Courts and subordinate courts.
  8. Fundamental Rights and Duties:
    Part III of the Constitution guarantees Fundamental Rights to all citizens, such as equality, freedom, and protection from exploitation. Part IV-A (added by the 42nd Amendment) lists the Fundamental Duties of citizens.
  9. Directive Principles of State Policy (DPSPs):
    These are guidelines to the government for establishing social and economic democracy, mentioned in Part IV of the Constitution. Though non-justiciable, they are fundamental in governance.
  10. Single Citizenship:
    Unlike some federal countries (like the USA), India offers single citizenship to all its citizens, emphasizing national unity.
  11. Universal Adult Franchise:
    All citizens above the age of 18 have the right to vote irrespective of caste, religion, gender, or education.
  12. Secular State:
    The State has no official religion and treats all religions with equal respect and tolerance.
  13. Judicial Review:
    The judiciary has the power to review laws and executive actions to ensure they are in conformity with the Constitution.
  14. Emergency Provisions:
    The Constitution provides for three types of emergencies — National, State, and Financial. These give extraordinary powers to the Centre, temporarily changing the federal nature to a more unitary one.

Conclusion:

The Indian Constitution is a unique blend of rigidity and flexibility, federalism and unitarism, and tradition and modernity. It reflects the aspirations and diversity of Indian society and provides a framework for democratic governance, rule of law, and protection of individual rights. Its dynamic nature has helped India to remain a stable and functioning democracy.

✅ 2. Discuss the Significance and Objectives of the Preamble to the Indian Constitution.
Long Answer:

Introduction:

The Preamble to the Indian Constitution is an introductory statement that outlines the guiding values, philosophy, and objectives of the Constitution. It reflects the vision of the Constituent Assembly and the core principles upon which the Indian Republic is founded.

Originally adopted on 26th November 1949, the Preamble was amended only once by the 42nd Constitutional Amendment Act, 1976, which added the words “Socialist”, “Secular”, and “Integrity”.

Text of the Preamble:

“We, the People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens:

JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

In our Constituent Assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this Constitution.”

Objectives of the Preamble:

The Preamble enshrines the fundamental objectives of the Constitution. These are:

  1. Justice:
    • Social Justice: Elimination of discrimination based on caste, religion, gender, etc.
    • Economic Justice: Fair distribution of wealth and removal of inequality.
    • Political Justice: Equal access to political participation and voting rights.
  2. Liberty:
    The Constitution guarantees liberty of:

    • Thought
    • Expression
    • Belief
    • Faith
    • Worship
      These are protected through Fundamental Rights (Articles 19–28).
  3. Equality:
    It ensures:

    • Equality of status (no social hierarchies), and
    • Equality of opportunity (especially in public employment, education, etc.).
  4. Fraternity:
    It promotes:

    • A sense of brotherhood,
    • Assurance of dignity of the individual, and
    • Maintenance of the unity and integrity of the nation.

Significance of the Preamble:

  1. Reflects the Soul of the Constitution:
    The Preamble is the philosophical foundation and the essence of the Constitution. As stated by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973), it reflects the basic structure of the Constitution.
  2. Source of Authority – “We, the People”:
    The phrase signifies that the people of India are the ultimate sovereigns, and the Constitution is adopted by them.
  3. Serves as an Interpretative Guide:
    Courts use the Preamble to interpret ambiguous constitutional provisions and ensure that the interpretation aligns with the ideals enshrined in it.
  4. Expresses the Ideals of the Freedom Struggle:
    The Preamble embodies the aspirations and values that emerged from India’s struggle for independence, such as democracy, justice, and equality.
  5. Guides Governance and Policy-Making:
    The objectives stated in the Preamble guide the legislature, executive, and judiciary in framing and applying laws and policies.

Amendability of the Preamble:

  • In Kesavananda Bharati case (1973), the Supreme Court held that the Preamble is part of the Constitution and can be amended, but the basic structure mentioned in it cannot be altered.
  • The 42nd Amendment (1976) added the words Socialist, Secular, and Integrity to reflect the evolving vision of India’s polity.

Conclusion:

The Preamble of the Indian Constitution is not just a decorative preface but a substantive and enforceable part of the Constitution. It encapsulates the goals, values, and ethos of the Indian Republic. It continues to inspire and guide India’s democratic governance, ensuring that liberty, justice, equality, and fraternity remain central to the nation’s development.

✅ 3. Examine the Constitutional Provisions regarding the Union and its Territories.
Long Answer:

Introduction:

Part I of the Constitution of India (Articles 1 to 4) deals with the Union and its Territories. These provisions lay the foundation for the federal structure of India, defining the nature of the Union, the composition of its territory, and the powers of Parliament regarding the formation, alteration, and reorganization of states and union territories.

Article-wise Explanation:

🔹 Article 1 – Name and Territory of the Union:

  1. India, that is Bharat, shall be a Union of States.
    • The term “Union of States” (not “Federation”) implies:
      • The Indian federation is not the result of an agreement between states.
      • States have no right to secede from the Union.
      • The Union is indestructible, though the states may undergo changes.
    • The phrase was intentionally used by Dr. B.R. Ambedkar to reflect unity and indivisibility.
  2. The territory of India shall consist of:
    • The States,
    • The Union territories, and
    • Any territory that may be acquired by the Government of India in the future (like Goa in 1961 or Sikkim in 1975).

🔹 Article 2 – Admission or Establishment of New States:

  • Empowers Parliament to:
    • Admit into the Union new states (e.g., Sikkim in 1975).
    • Establish new states on such terms and conditions as it thinks fit.
  • This provision is used for admitting or assimilating foreign territories or newly acquired regions into the Union.

🔹 Article 3 – Formation of New States and Alteration of Areas, Boundaries or Names of Existing States:

  • Parliament may:
    • Form a new state by:
      • Separation of territory from an existing state.
      • Uniting two or more states.
      • Uniting parts of states.
      • Uniting any territory to a part of any state.
    • Alter the area, boundaries, or name of any state.
  • Procedure:
    • The President refers the Bill to the legislature of the concerned state(s) for their views (not consent).
    • Parliament is not bound to accept those views.
    • The Bill can be introduced only on the recommendation of the President.
  • Examples:
    • Creation of Telangana in 2014 by bifurcating Andhra Pradesh.
    • Renaming of Orissa to Odisha in 2011.

🔹 Article 4 – Laws under Articles 2 and 3 not to be considered as Constitutional Amendments:

  • Any law enacted under Articles 2 or 3 is not considered a constitutional amendment under Article 368.
  • This means such changes can be made by simple majority and not by special majority.

Important Aspects of Union and Territories:

✅ 1. Indestructible Union of Destructible States:

  • The Union of India is permanent.
  • The identity, boundaries, or even existence of individual states can be changed or abolished by the Parliament.

✅ 2. Acquired Territories:

  • The Constitution allows inclusion of newly acquired territories.
  • Example: Goa, Daman & Diu, Sikkim, Pondicherry, and Chandigarh.

✅ 3. Evolution through Reorganization Acts:

  • States Reorganisation Act, 1956 reorganized states on linguistic basis.
  • Later reorganizations included:
    • Bihar and Jharkhand (2000),
    • Madhya Pradesh and Chhattisgarh (2000),
    • Uttar Pradesh and Uttarakhand (2000),
    • Andhra Pradesh and Telangana (2014).

✅ 4. Union Territories:

  • UTs are directly governed by the Union through an Administrator appointed by the President.
  • Some UTs (like Delhi and Puducherry) have legislative assemblies with limited powers.

Judicial Interpretations:

  • In Berubari Union Case (1960), the Supreme Court held that:
    • Ceding Indian territory to a foreign state requires a constitutional amendment under Article 368.
  • In Re: The Delhi Laws Act Case, the court emphasized Parliament’s supreme authority over UTs.

Conclusion:

The constitutional provisions regarding the Union and its territories reflect the flexibility and strength of Indian federalism. While the territorial integrity of the Union is ensured, the structure of states and UTs is dynamic, allowing the Parliament to respond to changing political, social, and administrative needs. This power to reorganize, rename, and create states helps in maintaining national unity while accommodating regional aspirations.

✅ 4. Explain the Constitutional Provisions Relating to Citizenship in India.
Long Answer:

Introduction:

Citizenship signifies a legal status that denotes a person’s membership in a nation-state and entitles them to civil and political rights. In India, Part II of the Constitution (Articles 5 to 11) deals with the provisions relating to citizenship at the commencement of the Constitution. Further laws relating to citizenship are governed by the Citizenship Act, 1955, enacted by the Parliament under Article 11.

Constitutional Provisions (Articles 5 to 11):

🔹 Article 5 – Citizenship at the Commencement of the Constitution:

A person is deemed to be a citizen of India on 26th January 1950 if:

  1. He was born in the territory of India, or
  2. Either of his parents was born in the territory of India, or
  3. He has been ordinarily resident in India for not less than five years immediately before the commencement of the Constitution.

✅ This article grants citizenship by birth, descent, or residence to people at the inception of the Constitution.

🔹 Article 6 – Rights of Citizenship of Certain Persons Who Have Migrated from Pakistan:

This article applies to those who migrated to India from Pakistan before the commencement of the Constitution.

Two categories:

  • Those who came before July 19, 1948, and have been residing in India since their migration — are automatically Indian citizens.
  • Those who came after July 19, 1948, must register themselves under a prescribed process to become citizens.

✅ This provision aimed to address the concerns of displaced persons post-partition.

🔹 Article 7 – Rights of Citizenship of Certain Migrants to Pakistan:

  • If a person migrated to Pakistan after March 1, 1947, he loses Indian citizenship.
  • However, if he returns to India under a permit for resettlement or permanent return, he can regain citizenship through proper legal procedure.

✅ This was a restrictive provision to prevent dual loyalties or misuse of migration status.

🔹 Article 8 – Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India:

  • A person of Indian origin who is residing outside India (in any country) shall be deemed to be a citizen of India if he was registered as such by the Indian diplomatic or consular representatives in that country.

✅ This provision covers the Indian diaspora living abroad before 1950.

🔹 Article 9 – Persons Voluntarily Acquiring Citizenship of a Foreign State Not to be Citizens:

  • If any Indian citizen voluntarily acquires the citizenship of another country, he shall cease to be an Indian citizen.

✅ India does not allow dual citizenship.

🔹 Article 10 – Continuance of the Rights of Citizenship:

  • Every person who is or is deemed to be a citizen of India under any of the provisions of Part II shall continue to be such a citizen subject to the provisions of any law made by Parliament.

✅ This allows Parliament to regulate citizenship through legislation.

🔹 Article 11 – Parliament to Regulate the Right of Citizenship by Law:

  • Parliament has the power to make laws regarding acquisition, termination, and all other matters relating to citizenship.

✅ Under this power, the Citizenship Act, 1955 was enacted and later amended several times (notably in 1986, 2003, 2005, 2015, and 2019).

Citizenship Act, 1955 – Key Provisions:

While the Constitution only dealt with citizenship at the commencement, the Citizenship Act, 1955 provides the following modes of acquisition:

  1. By Birth
  2. By Descent
  3. By Registration
  4. By Naturalization
  5. By Incorporation of Territory

And modes of termination:

  1. Renunciation
  2. Termination
  3. Deprivation

✅ The Citizenship (Amendment) Act, 2019 (CAA):
Grants fast-track Indian citizenship to persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan who entered India on or before December 31, 2014.

Significance of Constitutional Provisions:

  • These provisions were transitional, aiming to regularize citizenship in the wake of independence and partition.
  • They ensured that citizenship was based on clear legal and moral grounds — like birth, descent, and residence.
  • They provided flexibility for future governance by empowering Parliament.

Conclusion:

The constitutional provisions relating to citizenship (Articles 5 to 11) were essential in determining who would be Indian citizens at the time of independence. While these articles were transitional, they laid the foundation for future laws. Through Article 11, the Parliament was empowered to create a comprehensive citizenship regime, which it did via the Citizenship Act, 1955. In the current context, issues like illegal immigration, refugee protection, and dual citizenship continue to make citizenship a subject of legal and political importance in India.

✅ 5. What are the General Principles relating to Fundamental Rights under Article 13 of the Indian Constitution?
Long Answer:

Introduction:

Fundamental Rights form the core of the Indian Constitution. They are enshrined in Part III (Articles 12 to 35) and are essential for the development and dignity of individuals and the functioning of democracy.
Article 13 plays a vital role in protecting these rights by declaring laws inconsistent with Fundamental Rights as void. It is a cornerstone provision that makes the Fundamental Rights justiciable and enforceable.

Text of Article 13:

Article 13 of the Constitution provides as follows:

Article 13(1):

All laws in force in the territory of India immediately before the commencement of this Constitution, insofar as they are inconsistent with the provisions of Part III, shall, to the extent of such inconsistency, be void.

Article 13(2):

The State shall not make any law which takes away or abridges the rights conferred by Part III of the Constitution, and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Article 13(3):

In this article, unless the context otherwise requires:

  • “Law” includes ordinances, orders, bye-laws, rules, regulations, notifications, customs or usages having in the territory of India the force of law.
  • “Laws in force” includes laws passed or made by a legislature or other competent authority before the commencement of the Constitution and not repealed.

Article 13(4):

Nothing in this article shall apply to any amendment of the Constitution made under Article 368.

(Inserted by the 24th Constitutional Amendment Act, 1971)

General Principles under Article 13:

🔹 1. Doctrine of Judicial Review:

  • Article 13 provides the constitutional foundation for judicial review in India.
  • Judiciary has the power to strike down laws that are inconsistent with Fundamental Rights.
  • This power is vested in both the High Courts (Article 226) and the Supreme Court (Article 32).

🧷 Case Law: Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court upheld the power of judicial review and established the basic structure doctrine.

🔹 2. Doctrine of Severability:

  • If a part of a law is unconstitutional (violating Fundamental Rights), only that part becomes void — not the whole law — provided that the remaining part can function independently.

🧷 Case Law: A.K. Gopalan v. State of Madras (1950)
This principle was discussed in the context of preventive detention laws.

🔹 3. Doctrine of Eclipse:

  • A pre-constitutional law inconsistent with Fundamental Rights is not void ab initio, but becomes inoperative or eclipsed.
  • If the inconsistency is removed (e.g., by constitutional amendment), the law revives and becomes operative again.

🧷 Case Law: Bhikaji Narain Dhakras v. State of M.P. (1955)
The court held that such laws are dormant, not dead.

🔹 4. Meaning of “Law” and “Laws in Force”:

  • Article 13 has a wide definition of “law”, including:
    • Custom or usage
    • Executive orders
    • Administrative actions
    • Rules, regulations, bye-laws
  • It ensures that not only legislative acts but also executive instruments are subject to Fundamental Rights.

🔹 5. Effect on Pre-Constitutional and Post-Constitutional Laws:

  • Article 13(1): Invalidate pre-constitutional laws to the extent of their inconsistency.
  • Article 13(2): Restrains the State from enacting any new law that infringes Fundamental Rights.

🔹 6. Amendment of Constitution and Article 13(4):

  • The 24th Amendment, 1971, inserted Article 13(4) to exclude constitutional amendments from the scope of Article 13.
  • This was done to nullify the effect of judgments like Golaknath v. State of Punjab (1967) where the Supreme Court held that constitutional amendments are “law” under Article 13.

🧷 Kesavananda Bharati Case (1973):
The Supreme Court upheld the validity of Article 13(4) but held that constitutional amendments cannot destroy the basic structure of the Constitution, including Fundamental Rights.

Significance of Article 13:

  1. Protects Fundamental Rights by acting as a watchdog against legislative and executive excess.
  2. Empowers the Judiciary to safeguard constitutional values.
  3. Ensures supremacy of the Constitution by declaring inconsistent laws void.
  4. Acts as a tool of social justice by eliminating unjust and outdated laws.

Conclusion:

Article 13 is a key provision that upholds the supremacy of Fundamental Rights in India. It ensures that no law can override the rights of individuals, and it authorizes the judiciary to safeguard citizens against arbitrary state action. Through doctrines like judicial review, severability, and eclipse, Article 13 ensures a dynamic and evolving constitutional order, committed to liberty, equality, and justice.

✅ 6. Define ‘Law’ and ‘State’ under Article 13 and discuss its importance in the context of Fundamental Rights.
Long Answer:

Introduction:

Article 13 of the Indian Constitution provides the foundation for the enforcement and protection of Fundamental Rights (Part III). For this purpose, it defines two crucial terms — ‘Law’ and ‘State’ — to ensure that no authority or law violates the rights guaranteed to individuals.

Understanding the meaning and scope of these two terms is essential to determine what actions can be challenged as unconstitutional and which bodies are bound by Fundamental Rights.

⚖️ I. Definition of ‘Law’ under Article 13(3)(a):

According to Article 13(3)(a):

“Law” includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.

This definition is inclusive and broad. It covers:

🔹 1. Legislative Acts:

  • Laws made by Parliament or State Legislatures.

🔹 2. Executive Actions:

  • Rules, notifications, orders made by the executive under delegated legislation.

🔹 3. Customs and Usages:

  • Even ancient social practices and customs that have the force of law are included (e.g., untouchability, child marriage).

✅ Thus, any of the above, if violative of Fundamental Rights, can be declared void.

🏛️ II. Definition of ‘State’ under Article 12 (Read with Article 13):

To determine who is bound by the Fundamental Rights, we must refer to Article 12, which defines “State” for the purposes of Part III:

“The State includes:

  • The Government and Parliament of India,
  • The Government and Legislature of each State,
  • All local authorities (e.g., municipalities, panchayats),
  • And other authorities within the territory of India or under the control of the Government of India.”

🔹 1. Government and Legislature:

  • Both executive and legislative wings at the Union and State levels.

🔹 2. Local Authorities:

  • Bodies like municipalities, municipal corporations, panchayats, district boards, etc.

🔹 3. Other Authorities:

  • This phrase has been interpreted widely by the courts to include:
    • Public sector undertakings (PSUs)
    • Statutory bodies
    • Universities
    • Government-aided institutions
    • Regulatory bodies like LIC, ONGC, etc.

🧷 Important Case Law:

  • R.D. Shetty v. International Airport Authority (1979):
    The Supreme Court held that even a company not created by statute, but performing a public function, can be considered as ‘State’.
  • Ajay Hasia v. Khalid Mujib (1981):
    Laid down tests to determine whether a body is an “instrumentality of the State”.

🎯 Importance in the Context of Fundamental Rights:

✅ 1. Ensures Accountability of All Authorities:

  • The wide definition of ‘State’ ensures that public bodies and government-controlled institutions are accountable under Fundamental Rights.

✅ 2. Prevents Misuse of Power:

  • By including all forms of law (statutes, rules, customs, etc.), Article 13 acts as a check on arbitrary or oppressive laws.

✅ 3. Empowers Judiciary for Judicial Review:

  • Courts can strike down any law or action by the State that violates Fundamental Rights.

✅ 4. Safeguards Individuals from Discrimination and Injustice:

  • Citizens and non-citizens (in some cases) can approach courts if their rights are infringed by any law or State authority.

✅ 5. Promotes Constitutional Morality:

  • All laws and actions must conform to the values of the Constitution, ensuring rule of law, justice, and equality.

⚖️ Do Constitutional Amendments Come Under the Definition of ‘Law’?

  • Initially (Golaknath v. State of Punjab, 1967):
    Supreme Court held that constitutional amendments are “law” under Article 13(2) and must not violate Fundamental Rights.
  • Later (Kesavananda Bharati v. State of Kerala, 1973):
    Held that constitutional amendments are not law under Article 13, but must not violate the basic structure.
  • 24th Amendment (1971):
    Inserted Article 13(4) — clearly stating that constitutional amendments under Article 368 are not subject to Article 13.

✅ Conclusion:

Article 13, by defining the terms ‘Law’ and ‘State’, plays a pivotal role in ensuring the supremacy of the Constitution and the protection of Fundamental Rights. It makes the State accountable and prohibits it from making or enforcing any law that abridges these rights. The broad interpretation given by the judiciary ensures that even instrumentalities and agencies of the government are within the constitutional fold. Hence, Article 13 acts as a bulwark of individual liberty in India’s democratic framework.

✅ 7. What is the Doctrine of Severability and Doctrine of Eclipse under Article 13? Explain with suitable case laws.
Long Answer:

Introduction:

Article 13 of the Indian Constitution plays a vital role in the protection and enforcement of Fundamental Rights. It declares that any law inconsistent with or in derogation of Fundamental Rights is void to the extent of such inconsistency. In this context, two important doctrines have evolved through judicial interpretation—Doctrine of Severability and Doctrine of Eclipse.

🔷 Doctrine of Severability (विभाज्यता का सिद्धांत)

Meaning:

Doctrine of Severability means that if any part of a law is inconsistent with the Fundamental Rights, then only that part becomes void, and the rest of the law remains valid and enforceable if it is severable from the unconstitutional part.

Constitutional Basis:

  • Article 13(1) and (2): State that laws inconsistent with Fundamental Rights shall be void “to the extent of such inconsistency”.

Objective:

  • To preserve the valid portion of legislation and avoid striking down the entire statute.

Key Case Law:

🔹 R.M.D. Chamarbaugwala v. Union of India (AIR 1957 SC 628)

  • The Supreme Court held that only the unconstitutional portion of the Act (related to competitions based on chance) could be severed, and the rest of the Act (relating to games of skill) remained valid.

🔹 A.K. Gopalan v. State of Madras (AIR 1950 SC 27)

  • In this case, Section 14 of the Preventive Detention Act was held unconstitutional, but the rest of the Act was upheld.

Conditions for Severability:

  1. The valid part must be capable of being separated from the invalid part.
  2. The valid part should be independent and workable by itself.
  3. The legislature would have enacted the valid part even if the invalid part was not present.

🔷 Doctrine of Eclipse (ग्रहण का सिद्धांत)

Meaning:

Under this doctrine, a law inconsistent with Fundamental Rights is not dead but becomes dormant (eclipsed) and remains inactive only to the extent of the inconsistency. If the inconsistency is removed (e.g., by a Constitutional Amendment), the law revives and becomes operative again.

Scope:

  • Applicable mainly to pre-constitutional laws (i.e., laws made before 26 January 1950).
  • Post-constitutional laws violating Fundamental Rights are void ab initio.

Key Case Law:

🔹 Bhikaji Narain Dhakras v. State of Madhya Pradesh (AIR 1955 SC 781)

  • The Motor Vehicles Act, 1939 was challenged after it became inconsistent with the Fundamental Right to carry on trade (Article 19(1)(g)).
  • The Court held that the impugned provisions became dormant due to the eclipse.
  • After the First Constitutional Amendment made such restrictions reasonable, the law revived and became valid.

🔹 Deep Chand v. State of Uttar Pradesh (AIR 1959 SC 648)

  • Held that post-constitutional laws inconsistent with Fundamental Rights are void from inception and cannot be revived.

🧾 Comparison Between Severability and Eclipse:

Feature Doctrine of Severability Doctrine of Eclipse
Applicability Applies to both pre and post-constitutional laws Applies only to pre-constitutional laws
Effect on law Invalid part is severed, rest remains valid Law becomes dormant and can revive later
Revival possibility No revival — invalid part stays void Can revive if inconsistency is removed
Article involved Article 13(1) and (2) Article 13(1)

Conclusion:

Both the doctrines are judicial tools used to preserve the supremacy of the Constitution while minimizing the invalidation of laws.

  • Doctrine of Severability ensures that valid parts of laws survive, and
  • Doctrine of Eclipse provides a mechanism for dormant laws to become active again once inconsistency is removed.
    These doctrines reflect the dynamic and flexible approach of Indian Constitutional jurisprudence in balancing constitutional supremacy and legislative intent.

✅ 8. Write a critical note on the concept of ‘State’ under Article 12 of the Indian Constitution. Why is this definition important?
लंबा उत्तर / Long Answer:

🔷 Introduction:

The concept of “State” under Article 12 of the Indian Constitution is foundational to the enforcement of Fundamental Rights. It defines the authorities against whom these rights can be claimed. Fundamental Rights under Part III of the Constitution are mainly enforceable against the State, and hence, understanding the scope of the term “State” is crucial.

🔷 Text of Article 12:

“In this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

Thus, Article 12 includes:

  1. Government and Parliament of India – i.e., Executive and Legislature of the Union.
  2. Government and Legislature of States – i.e., State Executive and State Legislatures.
  3. Local Authorities – e.g., Municipalities, Panchayats.
  4. Other Authorities – This term has been subject to wide judicial interpretation.

🔷 Judicial Interpretation of “Other Authorities”:

  1. University of Madras v. Shanta Bai (1954):
    Madras High Court gave a narrow interpretation and held that “other authorities” must be ejusdem generis (of the same kind) with local authorities.
  2. Rajasthan Electricity Board v. Mohan Lal (1967):
    Supreme Court gave a wider interpretation, stating that any authority created by the Constitution or law and having the power to make rules or regulations having the force of law falls under “State”.
  3. Sukhdev Singh v. Bhagatram (1975):
    Statutory bodies like ONGC, LIC, and IFC were held to be “State” under Article 12 because they perform public functions.
  4. Ramana Dayaram Shetty v. International Airport Authority (1979):
    A landmark case where the Supreme Court laid down tests for determining whether a body is an instrumentality or agency of the State:

    • Entire share capital held by government.
    • Government provides financial assistance.
    • Monopoly status given by law.
    • Deep and pervasive control by the government.
    • Functions of public importance closely related to governmental functions.
  5. Ajay Hasia v. Khalid Mujib (1981):
    Held that even a society registered under Societies Registration Act can be considered “State” if it satisfies the tests laid down in the Ramana Dayaram Shetty case.

🔷 Importance of Definition of State under Article 12:

  1. Enforcement of Fundamental Rights:
    The Fundamental Rights enshrined in Part III are enforceable primarily against the “State”. Hence, its wide interpretation ensures broader protection to citizens.
  2. Public Accountability:
    Expanding the scope of “State” brings more institutions within the purview of constitutional obligations and judicial review.
  3. Check on Abuse of Power:
    It prevents the State or State-controlled bodies from acting arbitrarily or violating rights.
  4. Welfare State Objective:
    As India is a welfare State, bodies performing public duties should be accountable under constitutional principles.

🔷 Criticism of Broad Interpretation:

  • Sometimes, even private institutions performing public functions are brought within the ambit of “State”, which may blur the line between public and private sectors.
  • The evolving nature of “State” requires constant judicial review and clarity.

🔷 Conclusion:

The definition of “State” under Article 12 is a living and evolving concept, interpreted progressively by courts to uphold constitutional morality and justice. A broad interpretation ensures that Fundamental Rights are not defeated by outsourcing public functions to private or semi-public bodies. Thus, it forms the bedrock for enforcing rights against administrative excesses and achieving the goals of justice, liberty, and equality.

✅ 9. Analyze the role of the Drafting Committee of the Constituent Assembly in the framing of the Indian Constitution. What was the contribution of Dr. B.R. Ambedkar as the Chairman?
Long Answer / लंबा उत्तर:

🔷 Introduction:

The Drafting Committee of the Constituent Assembly played a pivotal role in transforming the objectives, resolutions, and deliberations of the Assembly into a well-structured, detailed, and enforceable legal document – the Constitution of India. This Committee was instrumental in giving final shape and expression to the will of the people, as articulated through the Constituent Assembly.

🔷 Formation of the Drafting Committee:

  • Date of Formation: August 29, 1947
  • Chairman: Dr. B.R. Ambedkar
  • Members:
    1. Dr. B.R. Ambedkar – Chairman
    2. N. Gopalaswami Ayyangar
    3. Alladi Krishnaswami Ayyar
    4. K.M. Munshi
    5. Mohammad Saadulla
    6. B.L. Mitter (resigned later, replaced by N. Madhava Rao)
    7. D.P. Khaitan (passed away, replaced by T.T. Krishnamachari)

🔷 Functions of the Drafting Committee:

  1. Drafting the Constitution:
    The main responsibility was to prepare the draft Constitution based on reports submitted by other Committees of the Assembly.
  2. Legal and Technical Refinement:
    It ensured legal precision, clarity, consistency, and uniformity across various provisions.
  3. Reconciling Views:
    It consolidated various conflicting opinions, ensuring the final text was acceptable to all.
  4. Incorporating Amendments:
    The Committee examined and incorporated suggestions made during the Assembly debates.

🔷 Role and Contribution of Dr. B.R. Ambedkar:

Dr. B.R. Ambedkar, as Chairman, was the chief architect and principal draftsman of the Constitution. His role was both intellectual and practical, and his contributions can be summarized as follows:

🟢 1. Visionary Leadership:

  • He had a clear vision of a modern, democratic, and just Indian society.
  • Ensured inclusion of social justice, equality, liberty, and fraternity as core constitutional values.

🟢 2. Expert Legal Draftsmanship:

  • As a legal scholar, he played a vital role in structuring the Constitution with precision and technical soundness.

🟢 3. Balancing Federalism and Unity:

  • Advocated a strong Centre to maintain national unity, but provided ample powers to States within a quasi-federal structure.

🟢 4. Fundamental Rights & Directive Principles:

  • Emphasized the necessity of justiciable Fundamental Rights and Directive Principles to guide governance.

🟢 5. Safeguards for Minorities and Backward Classes:

  • Instrumental in inserting affirmative action provisions (Reservations) for Scheduled Castes and Scheduled Tribes.
  • Ensured equality before the law and abolition of untouchability (Article 17).

🟢 6. Promotion of Social Democracy:

  • Dr. Ambedkar believed that political democracy must be complemented by social and economic democracy.

🟢 7. Secularism and Religious Freedom:

  • Defended individual rights over group rights, ensuring freedom of religion and secular governance.

🟢 8. Role in Final Presentation:

  • Delivered the final speech on November 25, 1949, where he highlighted the challenges of maintaining constitutional morality and warned against hero-worship in politics.

🔷 Legacy of the Drafting Committee:

  • Worked for over 2 years and 11 months with immense dedication.
  • Produced a unique blend of indigenous ideas and international inspirations, suitable for Indian conditions.
  • Gave India the longest written Constitution in the world, balancing detail with flexibility.

🔷 Conclusion:

The Drafting Committee, under the stewardship of Dr. B.R. Ambedkar, played a transformational role in shaping the Indian Republic. Dr. Ambedkar’s contribution went far beyond legal drafting—he embedded the ideals of justice, equality, and human dignity into the constitutional fabric. His foresight, courage, and intellectual brilliance earned him the title of “Chief Architect of the Indian Constitution.”

✅ Thus, the Drafting Committee, and particularly Dr. Ambedkar, not only gave us a document of governance but a blueprint for nation-building and social transformation.