Notes: Constitution of India | General Test Preparation for CUET - CUET Commerce PDF Download

 Page 1


   
1 
 
CONSTITUTION 
Introduction:- The Indian constitution is unique in its content and spirit. The salient features of 
the constitution are as follows:- 
? Lengthiest written Constitution 
? Blend of Rigidity and Flexibility 
? Federal system with unitary features 
? Parliamentary form of Government 
? Independent judiciary 
? Single citizenship 
? Emergency provision 
Structure:- The Indian Constitution originally consisted of 395 Art, 22 parts, 8 Schedules.  But 
after the Constitution 104
th
  Amendment Act, 2003, the Indian Constitution Consists of 448 
Art, 25 parts, 12 Schedules.  
Preamble:- The preamble to the constitution is based on the “ objective resolution” drafted and 
moved by Pandit Nehru and adopted by constituent assembly. It runs as follows:- 
“We THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a SOVERIGN 
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen:- 
? JUSTICE, social, Economic, and Political; 
? LIBERTY of thought, expression, belief, faith and worship; 
?
 EQUALITY of status and of opportunity;, 
? FRATERNITY assuring the dignity of the individual and the unity and integrity of the 
nation; In our Constituent Assembly, this 26th November, 1949, do hereby adopt, enact 
and give to ourselves this constitution.” 
Purpose of the Preamble:- The preamble to the constitution is a key to open the minds of 
the makers and shows the general purpose for which they made the several provisions in 
the constitution. Preamble serves the following purposes:- 
1. It discloses the source of the constitution. 
2. It lays down the  date of the commencement of the constitution. 
3. It set out the rights and freedoms which the people of India wished to secure for 
themselves. 
4. It declares the nature of the government. 
 
Q1:- Whether Preamble is the part of the constitution? 
Ans.:- In the case of Kesvanand Bharti vs. State of Kerala, the supreme has held that 
preamble is part of the constitution. Preamble is of extreme importance and the 
constitution should be read and interpreted in the light of grand and noble vision 
expressed in the preamble. However, two things should be noted:- 
? The preamble is neither a source of power to legislature nor prohibition upon the 
powers of legislature. 
?    It is not justiciable i.e. not enforceable in courts of law. 
 
Page 2


   
1 
 
CONSTITUTION 
Introduction:- The Indian constitution is unique in its content and spirit. The salient features of 
the constitution are as follows:- 
? Lengthiest written Constitution 
? Blend of Rigidity and Flexibility 
? Federal system with unitary features 
? Parliamentary form of Government 
? Independent judiciary 
? Single citizenship 
? Emergency provision 
Structure:- The Indian Constitution originally consisted of 395 Art, 22 parts, 8 Schedules.  But 
after the Constitution 104
th
  Amendment Act, 2003, the Indian Constitution Consists of 448 
Art, 25 parts, 12 Schedules.  
Preamble:- The preamble to the constitution is based on the “ objective resolution” drafted and 
moved by Pandit Nehru and adopted by constituent assembly. It runs as follows:- 
“We THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a SOVERIGN 
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen:- 
? JUSTICE, social, Economic, and Political; 
? LIBERTY of thought, expression, belief, faith and worship; 
?
 EQUALITY of status and of opportunity;, 
? FRATERNITY assuring the dignity of the individual and the unity and integrity of the 
nation; In our Constituent Assembly, this 26th November, 1949, do hereby adopt, enact 
and give to ourselves this constitution.” 
Purpose of the Preamble:- The preamble to the constitution is a key to open the minds of 
the makers and shows the general purpose for which they made the several provisions in 
the constitution. Preamble serves the following purposes:- 
1. It discloses the source of the constitution. 
2. It lays down the  date of the commencement of the constitution. 
3. It set out the rights and freedoms which the people of India wished to secure for 
themselves. 
4. It declares the nature of the government. 
 
Q1:- Whether Preamble is the part of the constitution? 
Ans.:- In the case of Kesvanand Bharti vs. State of Kerala, the supreme has held that 
preamble is part of the constitution. Preamble is of extreme importance and the 
constitution should be read and interpreted in the light of grand and noble vision 
expressed in the preamble. However, two things should be noted:- 
? The preamble is neither a source of power to legislature nor prohibition upon the 
powers of legislature. 
?    It is not justiciable i.e. not enforceable in courts of law. 
 
   
2 
 
Q2:- Whether preamble can be amended? 
Ans:- Supreme Court has held that preamble can be amended subject to the condition that 
no amendment is done to the ‘ Basic structure’ of the constitution. The Preamble has been 
amended only once by the 42
nd
 Constitutional Amendment act, which has added three new 
words- Socialistic, Secular and Integrity- to the preamble. 
 
 
Nature of Indian Constitution:-The Constitution is of two kinds:- 
1. Unitary:- In a Unitary Constitutions the powers of the  Government are centralized in 
one  
Government v.z. the States or Provinces are Subordinates to the Centre. 
2. Federal:- In Federal Constitution, there is a division of Powers between the federal and 
the  
State Government and both are independent in their own spheres. The American 
Constitution is universally regarded as an example of the Federal Constitution.  
 
Characteristics of a federal Constitution:-  
 
1. A Written Constitution :-  For a federal Constitution it is Mandatory that there should be 
a written Constitution. 
2. Dual Government:- In case of federal constitution, there is system of dual government 
one at centre and another at state. 
3. Supremacy of Constitutions:- For a federal Constitution there should be supremacy of 
the Constitution. At the time of the exercise of power by three organs of the Govt. i.e. 
legislative, executive and Judiciary, all functions are Subordinated and Controlled by the 
Constitution. 
4. Distribution of Powers:- Federalism means the distribution of powers of the State 
among a Number of Co-ordinate bodies each originating in and controlled by the 
Constitution 
5. Rigidity:- Rigidity is one of the Basic essential of a federal Constitution. It highly depends 
on the Process of amendment.  
6. Independent Judiciary:- There should be an independent judiciary having authority on 
other organs. In a federal Constitution the courts (judiciary) has the final power to 
interpret the Constitution. Finally it should say that the judiciary is the Guardian of the 
Constitution. 
  Conclusion : Finally if can be said that the Indian Constitution is neither Purely federal   nor 
purely unitary but a Unique Combination of Both aspects. 
 
Peculiar feature of Indian Constitution:- 
? Mode of formation 
? Position of the state 
? Citizenship 
? Residuary power 
? The lengthiest Constitution in the world. 
 
Page 3


   
1 
 
CONSTITUTION 
Introduction:- The Indian constitution is unique in its content and spirit. The salient features of 
the constitution are as follows:- 
? Lengthiest written Constitution 
? Blend of Rigidity and Flexibility 
? Federal system with unitary features 
? Parliamentary form of Government 
? Independent judiciary 
? Single citizenship 
? Emergency provision 
Structure:- The Indian Constitution originally consisted of 395 Art, 22 parts, 8 Schedules.  But 
after the Constitution 104
th
  Amendment Act, 2003, the Indian Constitution Consists of 448 
Art, 25 parts, 12 Schedules.  
Preamble:- The preamble to the constitution is based on the “ objective resolution” drafted and 
moved by Pandit Nehru and adopted by constituent assembly. It runs as follows:- 
“We THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a SOVERIGN 
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen:- 
? JUSTICE, social, Economic, and Political; 
? LIBERTY of thought, expression, belief, faith and worship; 
?
 EQUALITY of status and of opportunity;, 
? FRATERNITY assuring the dignity of the individual and the unity and integrity of the 
nation; In our Constituent Assembly, this 26th November, 1949, do hereby adopt, enact 
and give to ourselves this constitution.” 
Purpose of the Preamble:- The preamble to the constitution is a key to open the minds of 
the makers and shows the general purpose for which they made the several provisions in 
the constitution. Preamble serves the following purposes:- 
1. It discloses the source of the constitution. 
2. It lays down the  date of the commencement of the constitution. 
3. It set out the rights and freedoms which the people of India wished to secure for 
themselves. 
4. It declares the nature of the government. 
 
Q1:- Whether Preamble is the part of the constitution? 
Ans.:- In the case of Kesvanand Bharti vs. State of Kerala, the supreme has held that 
preamble is part of the constitution. Preamble is of extreme importance and the 
constitution should be read and interpreted in the light of grand and noble vision 
expressed in the preamble. However, two things should be noted:- 
? The preamble is neither a source of power to legislature nor prohibition upon the 
powers of legislature. 
?    It is not justiciable i.e. not enforceable in courts of law. 
 
   
2 
 
Q2:- Whether preamble can be amended? 
Ans:- Supreme Court has held that preamble can be amended subject to the condition that 
no amendment is done to the ‘ Basic structure’ of the constitution. The Preamble has been 
amended only once by the 42
nd
 Constitutional Amendment act, which has added three new 
words- Socialistic, Secular and Integrity- to the preamble. 
 
 
Nature of Indian Constitution:-The Constitution is of two kinds:- 
1. Unitary:- In a Unitary Constitutions the powers of the  Government are centralized in 
one  
Government v.z. the States or Provinces are Subordinates to the Centre. 
2. Federal:- In Federal Constitution, there is a division of Powers between the federal and 
the  
State Government and both are independent in their own spheres. The American 
Constitution is universally regarded as an example of the Federal Constitution.  
 
Characteristics of a federal Constitution:-  
 
1. A Written Constitution :-  For a federal Constitution it is Mandatory that there should be 
a written Constitution. 
2. Dual Government:- In case of federal constitution, there is system of dual government 
one at centre and another at state. 
3. Supremacy of Constitutions:- For a federal Constitution there should be supremacy of 
the Constitution. At the time of the exercise of power by three organs of the Govt. i.e. 
legislative, executive and Judiciary, all functions are Subordinated and Controlled by the 
Constitution. 
4. Distribution of Powers:- Federalism means the distribution of powers of the State 
among a Number of Co-ordinate bodies each originating in and controlled by the 
Constitution 
5. Rigidity:- Rigidity is one of the Basic essential of a federal Constitution. It highly depends 
on the Process of amendment.  
6. Independent Judiciary:- There should be an independent judiciary having authority on 
other organs. In a federal Constitution the courts (judiciary) has the final power to 
interpret the Constitution. Finally it should say that the judiciary is the Guardian of the 
Constitution. 
  Conclusion : Finally if can be said that the Indian Constitution is neither Purely federal   nor 
purely unitary but a Unique Combination of Both aspects. 
 
Peculiar feature of Indian Constitution:- 
? Mode of formation 
? Position of the state 
? Citizenship 
? Residuary power 
? The lengthiest Constitution in the world. 
 
   
3 
 
Meaning of State:- ( Art.12)  The state includes:- 
? The Government and parliament of India 
? The Government and legislature of each of the states. 
? All local and other authorities: 
o Within the territory of India 
o Under the control of the Government of India 
All the fundamental rights are available against the state with a few exception. 
Some case law:- 
? Electricity is a board within the meaning of Article 12. 
? University 
? Income- Tax department 
? Corporation when deemed to be state?( Ajay hasia vs. Khalid Mujib) 
o If the entire share capital is held by government. 
o Financial assistance is provided by the government to meet the entire 
expenditure. 
o When corporation enjoys a monopoly status. 
o When the state is having deep and pervasive control over the affairs of the 
corporation. 
o If the corporation is discharging public function. 
? Corporation acting as an agency instrumentality of the government. ( RD Shetty vs. IAA). 
? Stock Exchange is not a state because it is independent from the government control. 
(Satish nayak vs. Cochin Stock Exchange Ltd.) 
?  
 
Fundamental Right 
Introduction:- The aim of Fundamental Rights is that certain elementary rights such as right to 
life, liberty, freedom of speech and freedom of faith and so on should be regarded as 
inviolable under all circumstances and that the shifting majority in legislatures of the country 
should not have a free hand in interfering with fundamental rights. Fundamental right is 
called the Magna Carta of India.  
   
Rights to Equality 
a. Equality before law-Art 14.  
b. Prohibition of discrimination on the grounds of religion race, caste, sex or place of Birth 
Art 15.  
c. Equality of opportunity in matters of public employment, Art 16.  
d. Abolition of untouchability   Art 17 
e. Abolition of titles, Art 18.  
Right to Equality 
Equality before Law:- 
Art.14 – says that “the State shall not deny to any person equality before the law or the 
equal protection of the laws within the territory of India.” 
Analysis:-  Art 14 uses two expressions:-   
(1) “Equality before the law; and 
(2) Equal Protection of the laws  
(1) Equality before law – This concept is taken from British Constitution. The concept of equality 
does not mean absolute equality among human beings which is physically no possible to 
achieve. It is a concept implying absence of any special privilege by reason of birth, Creed or 
the like in favour of any individual, and also the equal subject of all individuals and classes to 
the ordinary law of the land.  
Page 4


   
1 
 
CONSTITUTION 
Introduction:- The Indian constitution is unique in its content and spirit. The salient features of 
the constitution are as follows:- 
? Lengthiest written Constitution 
? Blend of Rigidity and Flexibility 
? Federal system with unitary features 
? Parliamentary form of Government 
? Independent judiciary 
? Single citizenship 
? Emergency provision 
Structure:- The Indian Constitution originally consisted of 395 Art, 22 parts, 8 Schedules.  But 
after the Constitution 104
th
  Amendment Act, 2003, the Indian Constitution Consists of 448 
Art, 25 parts, 12 Schedules.  
Preamble:- The preamble to the constitution is based on the “ objective resolution” drafted and 
moved by Pandit Nehru and adopted by constituent assembly. It runs as follows:- 
“We THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a SOVERIGN 
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen:- 
? JUSTICE, social, Economic, and Political; 
? LIBERTY of thought, expression, belief, faith and worship; 
?
 EQUALITY of status and of opportunity;, 
? FRATERNITY assuring the dignity of the individual and the unity and integrity of the 
nation; In our Constituent Assembly, this 26th November, 1949, do hereby adopt, enact 
and give to ourselves this constitution.” 
Purpose of the Preamble:- The preamble to the constitution is a key to open the minds of 
the makers and shows the general purpose for which they made the several provisions in 
the constitution. Preamble serves the following purposes:- 
1. It discloses the source of the constitution. 
2. It lays down the  date of the commencement of the constitution. 
3. It set out the rights and freedoms which the people of India wished to secure for 
themselves. 
4. It declares the nature of the government. 
 
Q1:- Whether Preamble is the part of the constitution? 
Ans.:- In the case of Kesvanand Bharti vs. State of Kerala, the supreme has held that 
preamble is part of the constitution. Preamble is of extreme importance and the 
constitution should be read and interpreted in the light of grand and noble vision 
expressed in the preamble. However, two things should be noted:- 
? The preamble is neither a source of power to legislature nor prohibition upon the 
powers of legislature. 
?    It is not justiciable i.e. not enforceable in courts of law. 
 
   
2 
 
Q2:- Whether preamble can be amended? 
Ans:- Supreme Court has held that preamble can be amended subject to the condition that 
no amendment is done to the ‘ Basic structure’ of the constitution. The Preamble has been 
amended only once by the 42
nd
 Constitutional Amendment act, which has added three new 
words- Socialistic, Secular and Integrity- to the preamble. 
 
 
Nature of Indian Constitution:-The Constitution is of two kinds:- 
1. Unitary:- In a Unitary Constitutions the powers of the  Government are centralized in 
one  
Government v.z. the States or Provinces are Subordinates to the Centre. 
2. Federal:- In Federal Constitution, there is a division of Powers between the federal and 
the  
State Government and both are independent in their own spheres. The American 
Constitution is universally regarded as an example of the Federal Constitution.  
 
Characteristics of a federal Constitution:-  
 
1. A Written Constitution :-  For a federal Constitution it is Mandatory that there should be 
a written Constitution. 
2. Dual Government:- In case of federal constitution, there is system of dual government 
one at centre and another at state. 
3. Supremacy of Constitutions:- For a federal Constitution there should be supremacy of 
the Constitution. At the time of the exercise of power by three organs of the Govt. i.e. 
legislative, executive and Judiciary, all functions are Subordinated and Controlled by the 
Constitution. 
4. Distribution of Powers:- Federalism means the distribution of powers of the State 
among a Number of Co-ordinate bodies each originating in and controlled by the 
Constitution 
5. Rigidity:- Rigidity is one of the Basic essential of a federal Constitution. It highly depends 
on the Process of amendment.  
6. Independent Judiciary:- There should be an independent judiciary having authority on 
other organs. In a federal Constitution the courts (judiciary) has the final power to 
interpret the Constitution. Finally it should say that the judiciary is the Guardian of the 
Constitution. 
  Conclusion : Finally if can be said that the Indian Constitution is neither Purely federal   nor 
purely unitary but a Unique Combination of Both aspects. 
 
Peculiar feature of Indian Constitution:- 
? Mode of formation 
? Position of the state 
? Citizenship 
? Residuary power 
? The lengthiest Constitution in the world. 
 
   
3 
 
Meaning of State:- ( Art.12)  The state includes:- 
? The Government and parliament of India 
? The Government and legislature of each of the states. 
? All local and other authorities: 
o Within the territory of India 
o Under the control of the Government of India 
All the fundamental rights are available against the state with a few exception. 
Some case law:- 
? Electricity is a board within the meaning of Article 12. 
? University 
? Income- Tax department 
? Corporation when deemed to be state?( Ajay hasia vs. Khalid Mujib) 
o If the entire share capital is held by government. 
o Financial assistance is provided by the government to meet the entire 
expenditure. 
o When corporation enjoys a monopoly status. 
o When the state is having deep and pervasive control over the affairs of the 
corporation. 
o If the corporation is discharging public function. 
? Corporation acting as an agency instrumentality of the government. ( RD Shetty vs. IAA). 
? Stock Exchange is not a state because it is independent from the government control. 
(Satish nayak vs. Cochin Stock Exchange Ltd.) 
?  
 
Fundamental Right 
Introduction:- The aim of Fundamental Rights is that certain elementary rights such as right to 
life, liberty, freedom of speech and freedom of faith and so on should be regarded as 
inviolable under all circumstances and that the shifting majority in legislatures of the country 
should not have a free hand in interfering with fundamental rights. Fundamental right is 
called the Magna Carta of India.  
   
Rights to Equality 
a. Equality before law-Art 14.  
b. Prohibition of discrimination on the grounds of religion race, caste, sex or place of Birth 
Art 15.  
c. Equality of opportunity in matters of public employment, Art 16.  
d. Abolition of untouchability   Art 17 
e. Abolition of titles, Art 18.  
Right to Equality 
Equality before Law:- 
Art.14 – says that “the State shall not deny to any person equality before the law or the 
equal protection of the laws within the territory of India.” 
Analysis:-  Art 14 uses two expressions:-   
(1) “Equality before the law; and 
(2) Equal Protection of the laws  
(1) Equality before law – This concept is taken from British Constitution. The concept of equality 
does not mean absolute equality among human beings which is physically no possible to 
achieve. It is a concept implying absence of any special privilege by reason of birth, Creed or 
the like in favour of any individual, and also the equal subject of all individuals and classes to 
the ordinary law of the land.  
   
4 
 
In the words of Dr.Jennings-  “Equality before the law” means that among equals the law 
should be equal and should be equally administered, that like should be treated alike. 
 
Rule of law – The guarantee of „equality before the law? is an aspect of what Dicey Calls the 
“rule of law” in England. It means that no man is above the law and that every person, 
whatever be his rank or conditions, is subject to the jurisdiction of ordinary courts. “Dicey 
the Rule of Law has three distinct meaning “ 
(1) Supremacy of the law 
(2) Equality before the flaw  
(3) The Constitution is the result of the ordinary law of the land.  
(2) Equal Protection of the Laws – 
This concept is taken from American constitution. This has been interpreted to mean 
subjection to equal law, applying to all in the same circumstances.  It only means that all 
persons similarly circumstance shall be treated alike both in the privileges conferred and 
liabilities imposed by the law equal law should be applied to all in the same situation and 
there should be no discrimination between one person and another. The words “any 
person” in Art 14 of the constitution denotes that the guarantee of the equal protection of 
laws is available to any person which includes any company or association or body of 
individuals.  The protection of Art 14 extends to both citizens and non-citizens and to natural 
persons as well as legal persons.  The equality before the law is guaranteed to all without 
regard to race, colour or nationality. Corporations being juristic persons are also entitled to 
the benefit of Art 14.   
Test of Reasonable classification – While Art 14 forbids class legislation; it permits reasonable 
classification of persons, objects and transactions by the legislature for the purpose of 
achieving specific ends. But classification must not be arbitrary, artificial or evasive”. It must 
always rest upon some real and substantial distinction bearing a just and reasonable relation 
to the object sought to be achieved by the legislature, classification to be reasonable must 
fulfill the following two conditions – 
1. the classification must be founded on an “intelligible differentia”  which distinguishes 
persons or things that are grouped together from others left out of the group.  
2. the differentia must have a rational relation to the object sought to be achieved by the  
Act. K.Thimmappa v. Chairman Central Board of Directors SBI and  Ram Krishna Dalmia 
vs. J. Tandulkar  
 
New Concept of Equality: Protection against arbitrariness:- In E.P.Royappa v. State of Tamil 
Nadu  the new concept of equality in the following words  – “Equality is a dynamic concept 
with many aspects and dimensions and it cannot be described, Cabined and confined”  
within traditional limits from a positivistic point of view, equality is antithesis to  
arbitrariness. In fact equality and arbitrariness are sworn enemies, one belong to the rule of 
law in a republic while the other, to the whim and caprice of an absolute monarch. Where 
an act is arbitrary, it is implicit in it that it is unequal both according to political logic and 
constitutional law and is therefore violative of Art.14.     
Exceptions to the equality before law- Art 361 of the Constitution permits the following 
exceptions to this rule – 
? The President or the Governor of a State shall not be answerable to any court.     
? No criminal proceeding whatsoever shall be instituted or continued against the 
President or a Governor in any court during his term of office.  
? No Civil Proceeding in which relief is claimed against the President or the Governor 
of a state shall be instituted during his term of office in any Court in respect of any 
act done or purporting to be done by him in his personal capacity.  
Page 5


   
1 
 
CONSTITUTION 
Introduction:- The Indian constitution is unique in its content and spirit. The salient features of 
the constitution are as follows:- 
? Lengthiest written Constitution 
? Blend of Rigidity and Flexibility 
? Federal system with unitary features 
? Parliamentary form of Government 
? Independent judiciary 
? Single citizenship 
? Emergency provision 
Structure:- The Indian Constitution originally consisted of 395 Art, 22 parts, 8 Schedules.  But 
after the Constitution 104
th
  Amendment Act, 2003, the Indian Constitution Consists of 448 
Art, 25 parts, 12 Schedules.  
Preamble:- The preamble to the constitution is based on the “ objective resolution” drafted and 
moved by Pandit Nehru and adopted by constituent assembly. It runs as follows:- 
“We THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a SOVERIGN 
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen:- 
? JUSTICE, social, Economic, and Political; 
? LIBERTY of thought, expression, belief, faith and worship; 
?
 EQUALITY of status and of opportunity;, 
? FRATERNITY assuring the dignity of the individual and the unity and integrity of the 
nation; In our Constituent Assembly, this 26th November, 1949, do hereby adopt, enact 
and give to ourselves this constitution.” 
Purpose of the Preamble:- The preamble to the constitution is a key to open the minds of 
the makers and shows the general purpose for which they made the several provisions in 
the constitution. Preamble serves the following purposes:- 
1. It discloses the source of the constitution. 
2. It lays down the  date of the commencement of the constitution. 
3. It set out the rights and freedoms which the people of India wished to secure for 
themselves. 
4. It declares the nature of the government. 
 
Q1:- Whether Preamble is the part of the constitution? 
Ans.:- In the case of Kesvanand Bharti vs. State of Kerala, the supreme has held that 
preamble is part of the constitution. Preamble is of extreme importance and the 
constitution should be read and interpreted in the light of grand and noble vision 
expressed in the preamble. However, two things should be noted:- 
? The preamble is neither a source of power to legislature nor prohibition upon the 
powers of legislature. 
?    It is not justiciable i.e. not enforceable in courts of law. 
 
   
2 
 
Q2:- Whether preamble can be amended? 
Ans:- Supreme Court has held that preamble can be amended subject to the condition that 
no amendment is done to the ‘ Basic structure’ of the constitution. The Preamble has been 
amended only once by the 42
nd
 Constitutional Amendment act, which has added three new 
words- Socialistic, Secular and Integrity- to the preamble. 
 
 
Nature of Indian Constitution:-The Constitution is of two kinds:- 
1. Unitary:- In a Unitary Constitutions the powers of the  Government are centralized in 
one  
Government v.z. the States or Provinces are Subordinates to the Centre. 
2. Federal:- In Federal Constitution, there is a division of Powers between the federal and 
the  
State Government and both are independent in their own spheres. The American 
Constitution is universally regarded as an example of the Federal Constitution.  
 
Characteristics of a federal Constitution:-  
 
1. A Written Constitution :-  For a federal Constitution it is Mandatory that there should be 
a written Constitution. 
2. Dual Government:- In case of federal constitution, there is system of dual government 
one at centre and another at state. 
3. Supremacy of Constitutions:- For a federal Constitution there should be supremacy of 
the Constitution. At the time of the exercise of power by three organs of the Govt. i.e. 
legislative, executive and Judiciary, all functions are Subordinated and Controlled by the 
Constitution. 
4. Distribution of Powers:- Federalism means the distribution of powers of the State 
among a Number of Co-ordinate bodies each originating in and controlled by the 
Constitution 
5. Rigidity:- Rigidity is one of the Basic essential of a federal Constitution. It highly depends 
on the Process of amendment.  
6. Independent Judiciary:- There should be an independent judiciary having authority on 
other organs. In a federal Constitution the courts (judiciary) has the final power to 
interpret the Constitution. Finally it should say that the judiciary is the Guardian of the 
Constitution. 
  Conclusion : Finally if can be said that the Indian Constitution is neither Purely federal   nor 
purely unitary but a Unique Combination of Both aspects. 
 
Peculiar feature of Indian Constitution:- 
? Mode of formation 
? Position of the state 
? Citizenship 
? Residuary power 
? The lengthiest Constitution in the world. 
 
   
3 
 
Meaning of State:- ( Art.12)  The state includes:- 
? The Government and parliament of India 
? The Government and legislature of each of the states. 
? All local and other authorities: 
o Within the territory of India 
o Under the control of the Government of India 
All the fundamental rights are available against the state with a few exception. 
Some case law:- 
? Electricity is a board within the meaning of Article 12. 
? University 
? Income- Tax department 
? Corporation when deemed to be state?( Ajay hasia vs. Khalid Mujib) 
o If the entire share capital is held by government. 
o Financial assistance is provided by the government to meet the entire 
expenditure. 
o When corporation enjoys a monopoly status. 
o When the state is having deep and pervasive control over the affairs of the 
corporation. 
o If the corporation is discharging public function. 
? Corporation acting as an agency instrumentality of the government. ( RD Shetty vs. IAA). 
? Stock Exchange is not a state because it is independent from the government control. 
(Satish nayak vs. Cochin Stock Exchange Ltd.) 
?  
 
Fundamental Right 
Introduction:- The aim of Fundamental Rights is that certain elementary rights such as right to 
life, liberty, freedom of speech and freedom of faith and so on should be regarded as 
inviolable under all circumstances and that the shifting majority in legislatures of the country 
should not have a free hand in interfering with fundamental rights. Fundamental right is 
called the Magna Carta of India.  
   
Rights to Equality 
a. Equality before law-Art 14.  
b. Prohibition of discrimination on the grounds of religion race, caste, sex or place of Birth 
Art 15.  
c. Equality of opportunity in matters of public employment, Art 16.  
d. Abolition of untouchability   Art 17 
e. Abolition of titles, Art 18.  
Right to Equality 
Equality before Law:- 
Art.14 – says that “the State shall not deny to any person equality before the law or the 
equal protection of the laws within the territory of India.” 
Analysis:-  Art 14 uses two expressions:-   
(1) “Equality before the law; and 
(2) Equal Protection of the laws  
(1) Equality before law – This concept is taken from British Constitution. The concept of equality 
does not mean absolute equality among human beings which is physically no possible to 
achieve. It is a concept implying absence of any special privilege by reason of birth, Creed or 
the like in favour of any individual, and also the equal subject of all individuals and classes to 
the ordinary law of the land.  
   
4 
 
In the words of Dr.Jennings-  “Equality before the law” means that among equals the law 
should be equal and should be equally administered, that like should be treated alike. 
 
Rule of law – The guarantee of „equality before the law? is an aspect of what Dicey Calls the 
“rule of law” in England. It means that no man is above the law and that every person, 
whatever be his rank or conditions, is subject to the jurisdiction of ordinary courts. “Dicey 
the Rule of Law has three distinct meaning “ 
(1) Supremacy of the law 
(2) Equality before the flaw  
(3) The Constitution is the result of the ordinary law of the land.  
(2) Equal Protection of the Laws – 
This concept is taken from American constitution. This has been interpreted to mean 
subjection to equal law, applying to all in the same circumstances.  It only means that all 
persons similarly circumstance shall be treated alike both in the privileges conferred and 
liabilities imposed by the law equal law should be applied to all in the same situation and 
there should be no discrimination between one person and another. The words “any 
person” in Art 14 of the constitution denotes that the guarantee of the equal protection of 
laws is available to any person which includes any company or association or body of 
individuals.  The protection of Art 14 extends to both citizens and non-citizens and to natural 
persons as well as legal persons.  The equality before the law is guaranteed to all without 
regard to race, colour or nationality. Corporations being juristic persons are also entitled to 
the benefit of Art 14.   
Test of Reasonable classification – While Art 14 forbids class legislation; it permits reasonable 
classification of persons, objects and transactions by the legislature for the purpose of 
achieving specific ends. But classification must not be arbitrary, artificial or evasive”. It must 
always rest upon some real and substantial distinction bearing a just and reasonable relation 
to the object sought to be achieved by the legislature, classification to be reasonable must 
fulfill the following two conditions – 
1. the classification must be founded on an “intelligible differentia”  which distinguishes 
persons or things that are grouped together from others left out of the group.  
2. the differentia must have a rational relation to the object sought to be achieved by the  
Act. K.Thimmappa v. Chairman Central Board of Directors SBI and  Ram Krishna Dalmia 
vs. J. Tandulkar  
 
New Concept of Equality: Protection against arbitrariness:- In E.P.Royappa v. State of Tamil 
Nadu  the new concept of equality in the following words  – “Equality is a dynamic concept 
with many aspects and dimensions and it cannot be described, Cabined and confined”  
within traditional limits from a positivistic point of view, equality is antithesis to  
arbitrariness. In fact equality and arbitrariness are sworn enemies, one belong to the rule of 
law in a republic while the other, to the whim and caprice of an absolute monarch. Where 
an act is arbitrary, it is implicit in it that it is unequal both according to political logic and 
constitutional law and is therefore violative of Art.14.     
Exceptions to the equality before law- Art 361 of the Constitution permits the following 
exceptions to this rule – 
? The President or the Governor of a State shall not be answerable to any court.     
? No criminal proceeding whatsoever shall be instituted or continued against the 
President or a Governor in any court during his term of office.  
? No Civil Proceeding in which relief is claimed against the President or the Governor 
of a state shall be instituted during his term of office in any Court in respect of any 
act done or purporting to be done by him in his personal capacity.  
   
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Prohibition of discrimination on certain grounds:- 
Art 15(1) provides that the state shall not discriminate against any citizen on grounds only of:- 
? Religion 
? Race 
? Caste 
? Sex 
? Place of birth or 
? Any of them 
Art 15 (2) provides that:- No citizen shall be on above grounds, subject to any disability, 
liability, restriction or condition with regard to— 
a. access to shops, public restaurants, hotels and places of public 
entertainment; or 
b. the use of wells, tanks, bathing ghats, roads and places of public resort 
maintained wholly or partly out of State funds or dedicated to the use of 
the general public. 
Exceptions:- 
Art 15 (3), (4) and (5) contains exceptions to the general principal laid down under 
Art 15 (1) and (2):- 
? Nothing in this article shall prevent the State from making any special 
provision for women and children. 
? Nothing in this article shall prevent the State from making any special 
provision for the advancement of any socially and educationally 
backward classes of citizens or for the Scheduled Castes. 
? Nothing in this article shall prevent the State from making any special 
provision, by law, for the advancement of any socially and educationally 
backward classes of citizens or for the Scheduled Castes or the Scheduled 
Tribes in so far as such special provisions relate to their admission to 
educational institutions including private educational institutions, 
whether aided or unaided by the State, other than the minority 
educational institution. 
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Equality of opportunity in matters of public employment :-( Art-16) 
? There shall be equality of opportunity for all citizens in matters relating to 
employment or appointment to any office under the State. 
? No citizen shall, on grounds only of:- 
o religion, 
o race, 
o caste, 
o sex,  
o descent,  
o place of birth, 
o residence, or 
o  any of them.  
be ineligible for, or discriminated against in respect of, any employment or office 
under the State. 
Exceptions:-