Brief Summary
This YouTube video by Law Wallah, hosted by Shivani Solanki, provides a comprehensive overview of the Indian Constitution. It covers key aspects such as its importance, structure, features, and historical background. The lecture is designed for law students and anyone interested in understanding the Constitution, including those preparing for competitive exams.
- Importance of the Indian Constitution for all citizens.
- Key features and sources of the Constitution.
- Structure of the Constitution: parts, articles, and schedules.
- Historical background and the Constituent Assembly.
- Amendment process and important case laws.
Introduction
The session will cover the Indian Constitution, focusing on how to read and understand it effectively. This series is beneficial for students preparing for various exams where the Constitution is a part of the syllabus, including CLAT, judiciary exams, and JLO. The PDF of the session will be available on PW Law.
Importance of the Constitution
The Constitution is important for all citizens of India to understand their fundamental rights, directive principles, and duties. It affects every aspect of life from birth to death and serves as the basis for all laws in the country. The Indian Constitution is also known as the Grand Norm, the basic and highest law of the country. Laws inconsistent with the Constitution can be declared void by the High Court and the Supreme Court through judicial review.
Schedule and Schedule for the Week
The schedule includes covering the Constitution, drafting and pleading, CPC, and PYQ of JLO. The session will also cover the Preamble, Constituent Assembly, and important dates related to the Constitution's adoption and enforcement.
Key Dates and Facts
The Constitution was adopted on November 26, 1949, but came into force on January 26, 1950. Some articles came into effect on November 26, 1949, related to citizenship, executive, and the Election Commission. The National Flag was adopted on July 22, 1947, and the National Anthem on January 24, 1950.
Parts and Articles of the Constitution
The Constitution is divided into parts, each dealing with specific subjects. Part 1 covers the Union and its territories (Articles 1-4), while Part 2 deals with citizenship (Articles 5-11). Part 3 covers fundamental rights (Articles 12-35), and Part 4 includes Directive Principles of State Policy (DPSP) (Articles 36-51). Part 4A contains fundamental duties (Article 51A). Part 5 deals with the Union, and Part 6 covers the states.
Schedules of the Constitution
The Indian Constitution has 12 schedules. The first schedule deals with states and union territories, the second with privileges and allowances, and the third with oaths and affirmations. The seventh schedule lists union, state, and concurrent lists, the eighth schedule lists languages, the ninth schedule deals with regulations of certain acts, the tenth schedule covers anti-defection, the eleventh schedule covers panchayats, and the twelfth schedule covers municipalities.
Features and Sources of the Constitution
The Indian Constitution is the lengthiest and a written constitution, drawn from various sources. It is rigid and flexible, with a federal system and unitary bias. The government follows a parliamentary form, with the judiciary as the supreme guardian of fundamental rights. The Constitution includes fundamental rights, DPSP, secularism, and fundamental duties. It provides for universal adult franchise, single citizenship, and emergency provisions.
Key Facts About the Constitution
The Constitution is a federal system with unitary features and a parliamentary form of government. The Constituent Assembly, formed under the Cabinet Mission Plan in 1946, formulated the Constitution. It took 2 years, 11 months, and 18 days to frame the Constitution. The original copy was handwritten by Prem Bihari Narayan Raizada. The Government of India Act 1935 serves as the basic structure.
Constituent Assembly and its Formation
The idea of a Constituent Assembly was first proposed by M.N. Roy in 1934. The Congress Party officially demanded it in 1935. The British accepted this demand in the August Offer of 1940. Elections were held in 1946 to form the Constituent Assembly under the Cabinet Mission Plan. The first sitting of the Constituent Assembly took place on December 9, 1946.
Committees of the Constituent Assembly
The Constituent Assembly had eight major committees, including the Drafting Committee headed by B.R. Ambedkar. Jawaharlal Nehru headed the Union Power Committee, Union Constitution Committee, and States Committee. Vallabhbhai Patel headed the Provincial Constitution Committee and the Advisory Committee on Fundamental Rights, Minorities, and Tribal Areas. The Drafting Committee was set up on August 29, 1947, with seven members.
Preamble: Objectives and Key Words
The Preamble is an introductory document that provides insight, objective information, and the philosophy behind the Constitution. It includes key words such as Sovereign, Socialist, Secular, Democratic, and Republic. The Preamble secures justice (social, economic, and political), liberty (thought, expression, belief, faith, and worship), and equality (status and opportunity). It promotes fraternity, assuring the dignity of the individual and the unity and integrity of the nation.
Facts and Amendments Related to the Preamble
The Preamble reflects the nature of the Indian state and its objectives. It was adopted on November 26, 1949, and enforced on January 26, 1950. Jawaharlal Nehru laid the foundation for the Preamble through the objective resolution adopted by the Constituent Assembly on January 22, 1947. The Berubari case (1960) stated that the Preamble is not a part of the Constitution, but the Kesavananda Bharati case (1973) reversed this. The 42nd Amendment (1976) added the words Socialist, Secular, and Integrity to the Preamble.
Sources of Constitutional Provisions
The Constitution has borrowed features from various countries. The federal structure, fundamental rights, independence of the judiciary, judicial review, and equal protection of law are from the USA. The parliamentary form of government, single citizenship, rule of law, and writ jurisdiction are from the UK. The quasi-federal government form and distribution of power are from Canada. DPSP and the method of election for the President are from Ireland. The ideas of republic, liberty, equality, and fraternity are from France. Federal jurisdictions, the concurrent list, and freedom of trade and commerce are from Australia. Fundamental duties and social, economic, and political justice are from the USSR. The amendment procedure is from South Africa, and emergency provisions are from Germany.
Definitions Under Article 366
Article 366 provides definitions for various terms used in the Constitution. "Article" means an article of the Constitution, "existing law" refers to laws passed before the Constitution's commencement, and "goods" includes materials, commodities, and articles. "Indian state" means any territory recognized by the Government of the Dominion of India, "part" refers to a part of the Constitution, and "Proclamation of Emergency" means a declaration under Article 352. "Services" means anything other than goods, and "Union Territory" refers to territories specified in the First Schedule.
Article 1: Name and Territory of the Union
Article 1 states that India, also known as Bharat, shall be a union of states. The states and territories are specified in the First Schedule. The territory of India includes the territories of the states, the union territories, and any territories that may be acquired later.
Articles 2, 3, and 4: Formation of New States and Alteration of Areas
Article 2 gives Parliament the power to admit new states into the Union. Article 3 allows Parliament to form new states, alter the areas, boundaries, or names of existing states. This can be done by separating a territory from any state, uniting two or more states, or uniting parts of states. Article 4 states that any law made under Articles 2 and 3 will not be considered an amendment under Article 368.
Citizenship: Articles 5 to 11
Article 5 defines who is a citizen of India at the commencement of the Constitution, including those born in India, whose parents were born in India, or who have been ordinarily resident in India for at least five years. Article 8 deals with the citizenship of persons of Indian origin residing outside India. Article 9 states that voluntary acquisition of citizenship of a foreign state terminates Indian citizenship. Article 10 provides for the continuation of citizenship rights, and Article 11 gives Parliament the power to regulate citizenship.
Citizenship: Permit System and Migration
A permit system was implemented on July 19, 1948, to manage migration between India and Pakistan. Article 6 applies to those who migrated to India from Pakistan before July 19, 1948, granting them automatic citizenship. Those who migrated after this date had to register as citizens. Article 7 applies to those who migrated from India to Pakistan after March 1, 1947, and later returned to India with a permit for resettlement.
Directive Principles of State Policy (DPSP): Articles 36 to 51
DPSP are guidelines for the welfare of the states and are not enforceable in any court of law. Article 38 promotes social, economic, and political justice. Article 39 directs the state to ensure adequate means of livelihood, equitable distribution of resources, and protection of workers' health. Article 39A provides for free legal aid. Article 40 organizes village panchayats, and Article 41 addresses the right to work, education, and public assistance. Article 44 calls for a Uniform Civil Code.
Amendments to DPSP
The 42nd Amendment added Articles 39A, 43A, and 48A. The 44th Amendment added another part to Article 38 and removed the right to property from the list of fundamental rights. The 86th Amendment substituted Article 45 and added Article 21A and modifications to Article 51A. The 97th Amendment added Article 43B, but provisions related to cooperative societies were later struck down.
Fundamental Duties: Article 51A
Fundamental duties were added by the 42nd Amendment in 1976, based on the recommendations of the Swaran Singh Committee. These include respecting the Constitution, national flag, and national anthem; cherishing the ideals of the freedom struggle; safeguarding the sovereignty, unity, and integrity of India; defending the country; promoting harmony and brotherhood; protecting the environment; developing scientific temper; safeguarding public property; and providing education to children between 6 and 14 years.
Article 13: Laws Inconsistent with Fundamental Rights
Article 13 declares pre-constitution laws void if they violate fundamental rights (Doctrine of Eclipse). It prohibits the state from making laws that violate fundamental rights. "Law" includes ordinances, rules, regulations, orders, bye-laws, notifications, customs, and usages. Article 13 does not apply to amendments under Article 368.
Timeline of Amendments and Judicial Review
The timeline includes key cases and amendments: Shankari Prasad vs. Union of India (1951), Sajjan Singh vs. State of Rajasthan (1964), Golaknath vs. State of Punjab (1967), Kesavananda Bharati vs. State of Kerala (1973), and Minerva Mills vs. Union of India (1980). These cases address the power of Parliament to amend fundamental rights and the doctrine of basic structure.
Right to Equality: Articles 14 to 18
Article 14 ensures equality before the law and equal protection of the laws. It promotes reasonable classification but prohibits class legislation. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, and place of birth. Article 16 ensures equality of opportunity in public employment. Article 17 abolishes untouchability, and Article 18 abolishes titles, with exceptions for military and academic distinctions.
Article 15: Prohibition of Discrimination
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, and place of birth. It allows for special provisions for women and children and for the advancement of socially and educationally backward classes or Scheduled Castes and Tribes. It also allows for reservations for economically weaker sections (EWS) in educational institutions, excluding minority institutions.
Article 16: Equality of Opportunity in Public Employment
Article 16 ensures equality of opportunity in public employment. It allows Parliament to make special provisions regarding residence for certain employments. It also allows the state to make reservations for backward classes, Scheduled Castes, and Scheduled Tribes in appointments and promotions. The carry-forward rule allows for unfilled vacancies to be carried forward to subsequent years.
Articles 17 and 18: Abolition of Untouchability and Titles
Article 17 abolishes untouchability and prohibits its practice in any form, making it punishable by law. Article 18 abolishes titles, except for military and academic distinctions. It prohibits citizens from accepting titles from foreign states without the President's consent.
Right to Freedom: Articles 19 to 22
Article 19 guarantees freedom of speech and expression, assembly, association, movement, residence, and profession, subject to reasonable restrictions. Article 20 provides protection in respect of conviction for offenses. Article 21 guarantees the right to life and personal liberty, and Article 21A provides for the right to education. Article 22 protects against arbitrary arrest and detention.
Article 19: Freedoms and Restrictions
Article 19 guarantees several freedoms, including freedom of speech and expression, the right to assemble peacefully without arms, the right to form associations or unions, the right to move freely throughout India, the right to reside and settle in any part of India, and the right to practice any profession or carry on any occupation, trade, or business. These freedoms are subject to reasonable restrictions in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
Articles 20, 21, and 21A: Protection in Respect of Conviction and Right to Life
Article 20 provides protection against ex post facto laws, double jeopardy, and self-incrimination. Article 21 guarantees the right to life and personal liberty, and Article 21A provides for free and compulsory education for children between 6 and 14 years of age.
Article 22: Protection Against Arrest and Detention
Article 22 provides protection against arbitrary arrest and detention. It grants arrested persons the right to be informed of the grounds for arrest, the right to consult and be defended by a legal practitioner of their choice, and the right to be produced before a magistrate within 24 hours.
Right Against Exploitation: Articles 23 and 24
Article 23 prohibits trafficking in human beings and forced labor. Article 24 prohibits the employment of children below the age of 14 in factories, mines, or other hazardous employments.
Right to Freedom of Religion: Articles 25 to 28
Article 25 guarantees the freedom of conscience and free profession, practice, and propagation of religion, subject to public order, morality, and health. Article 26 guarantees the right to manage religious affairs. Article 27 prohibits compelling any person to pay taxes for the promotion of any particular religion. Article 28 prohibits religious instruction in educational institutions wholly maintained out of state funds.
Cultural and Educational Rights: Articles 29 and 30
Article 29 protects the interests of minorities by allowing them to conserve their language, script, or culture. It prohibits denial of admission to any educational institution maintained by the State on grounds of religion, race, caste, or language. Article 30 grants minorities the right to establish and administer educational institutions of their choice.
Right to Constitutional Remedies: Article 32
Article 32 guarantees the right to constitutional remedies, allowing individuals to move the Supreme Court for the enforcement of fundamental rights. The Supreme Court can issue writs such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. The High Court also has the power to issue these writs under Article 226, with a wider scope than the Supreme Court.
Writs: Meaning and Scope
Habeas Corpus is issued to produce a person who has been detained unlawfully. Mandamus is issued to a public authority to perform a public duty. Quo Warranto is issued to inquire into the legality of a person's claim to a public office. Prohibition is issued to a lower court to stop it from proceeding in a case beyond its jurisdiction. Certiorari is issued to quash the decision of a lower court or tribunal.
Articles 33, 34, and 35: Modifications to Fundamental Rights
Article 33 empowers Parliament to modify the application of fundamental rights to members of the armed forces, police forces, and intelligence agencies. Article 34 provides for restrictions on fundamental rights while martial law is in force. Article 35 empowers only Parliament to make laws to give effect to certain fundamental rights.
Union and States: Executive Powers
Part 5 of the Constitution deals with the Union, and Part 6 deals with the States. The Union Executive consists of the President, Vice-President, Council of Ministers, and Attorney General. The State Executive consists of the Governor, Chief Minister, Council of Ministers, and Advocate General. The President is the executive head of the Union, while the Governor is the executive head of the State.
President and Governor: Election and Qualifications
The President is indirectly elected by an electoral college consisting of elected members of Parliament and State Legislative Assemblies. The Vice-President is elected by members of both Houses of Parliament. The Governor is appointed by the President. To be eligible for President, a person must be a citizen of India, at least 35 years old, and qualified for election as a member of the Lok Sabha. Similar qualifications apply to the Vice-President, with the requirement of being qualified for election as a member of the Rajya Sabha. The Governor must be a citizen of India and at least 35 years old.
Tenure, Oath, and Resignation
The President and Vice-President have a term of five years and are eligible for re-election. The Governor holds office at the pleasure of the President. The President takes the oath of office before the Chief Justice of India, while the Vice-President takes the oath before the President. The Governor takes the oath before the Chief Justice of the High Court. The President can be removed through impeachment for violation of the Constitution.
Pardoning Power and Ordinance Making Power
The President has the power to grant pardons, reprieves, respites, remissions, suspensions, or commutations of punishment under Article 72. The Governor has similar powers under Article 161, except they cannot pardon death sentences or offenses under Union Law. The President can issue ordinances under Article 123 when Parliament is not in session, and the Governor can issue ordinances under Article 213 when the State Legislature is not in session.
