Basic Features of the Constitution of India

1. Charan Lal Sahu v. Union of India (1990)

Facts: After the Bhopal Gas Tragedy (1984), the Union of India entered into a settlement with Union Carbide Corporation for $470 million as compensation. Charan Lal Sahu and others challenged the constitutional validity of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, which gave the Government of India the exclusive right to represent victims.

Observations of the Court: The Supreme Court upheld the constitutional validity of the Act. The Court held that the Government acting as parens patriae (guardian of its citizens) was justified in representing the victims. The settlement amount was also upheld. The Court observed that the State has a duty to protect the rights of its citizens, especially the weaker sections, and the Act was a valid exercise of legislative power under Articles 246 and 253 of the Constitution.

---

2. S.R. Bommai v. Union of India (1994)

Facts: This case arose from the dismissal of several State governments (including Karnataka, Madhya Pradesh, Himachal Pradesh, and Rajasthan) under Article 356 (President's Rule) after the demolition of the Babri Masjid in 1992. S.R. Bommai, the Chief Minister of Karnataka, challenged the proclamation of President's Rule in his state.

Observations of the Court: A nine-judge Constitutional Bench of the Supreme Court laid down landmark principles:
- Federalism is a basic feature of the Constitution.
- The power under Article 356 is not absolute and is subject to judicial review.
- Before imposing President's Rule, the President must give the State government an opportunity to respond.
- The floor of the Legislative Assembly is the only place to test the majority of a government; the President cannot act on the subjective satisfaction of the Governor alone.
- Secularism is also a basic feature of the Constitution.

---

3. Randhir Singh v. Union of India (1982)

Facts: Randhir Singh, a driver in the Delhi Police Force, filed a writ petition claiming that he was being paid less than drivers employed in other departments of the Central Government performing similar duties. He invoked the principle of 'equal pay for equal work.'

Observations of the Court: The Supreme Court held that although 'equal pay for equal work' is not explicitly mentioned as a Fundamental Right in the Constitution, it is a constitutional goal under Articles 14 (Right to Equality), 16 (Equality of opportunity in public employment), and 39(d) (a Directive Principle). The Court elevated this principle to the status of a constitutional right and directed that persons doing the same work must be paid equally. This case is a landmark in establishing the link between Fundamental Rights and Directive Principles.

---

4. M.C. Mehta v. Kamal Nath (1997)

Facts: A news report revealed that a private company (Span Motels Pvt. Ltd.), whose directors included the family members of a former Environment Minister Kamal Nath, had encroached upon the bank of the River Beas in Himachal Pradesh and diverted its flow to protect a motel. The Supreme Court took suo motu cognizance of the matter.

Observations of the Court: The Supreme Court applied the Public Trust Doctrine for the first time in India. The Court held that:
- Natural resources such as rivers, forests, seashores, and the air are held by the State as a trustee for the public and cannot be transferred to private parties for commercial use.
- The motel was directed to be removed from the floodplain and the area was to be restored to its original condition.
- The Court imposed exemplary damages on the motel company.
- The right to a clean environment is part of the Right to Life under Article 21.

---

5. Ashok Kumar Thakur v. Union of India (2008)

Facts: The Central Educational Institutions (Reservation in Admission) Act, 2006 was challenged. This Act provided for 27% reservation for Other Backward Classes (OBCs) in centrally funded educational institutions. The petitioner argued that this violated the Right to Equality under Article 14.

Observations of the Court: The Supreme Court upheld the constitutional validity of the Act with certain conditions:
- The 'creamy layer' (the more affluent and advanced among OBCs) must be excluded from the benefit of reservation.
- Reservations cannot be permanent and must be reviewed periodically.
- The 50% ceiling on reservations (as laid down in Indra Sawhney v. Union of India) must be maintained.
- The Court reaffirmed that the right to education and equality are fundamental rights, but reasonable classification for backward classes is permissible under Article 15(4) and 15(5).

1. Fundamental Rights

Fundamental Rights are the basic human rights guaranteed to all citizens of India by Part III (Articles 12–35) of the Constitution. They are called 'fundamental' because they are essential for the all-round development of individuals and are justiciable, meaning they can be enforced by courts.

The six Fundamental Rights are:
- Right to Equality (Articles 14–18): Guarantees equality before law, prohibits discrimination on grounds of religion, race, caste, sex or place of birth, and abolishes untouchability.
- Right to Freedom (Articles 19–22): Includes freedom of speech and expression, assembly, association, movement, residence, and profession.
- Right against Exploitation (Articles 23–24): Prohibits human trafficking, forced labour, and child labour.
- Right to Freedom of Religion (Articles 25–28): Guarantees freedom of conscience and the right to freely profess, practise, and propagate religion.
- Cultural and Educational Rights (Articles 29–30): Protects the rights of minorities to conserve their culture and establish educational institutions.
- Right to Constitutional Remedies (Article 32): Allows citizens to approach the Supreme Court for enforcement of Fundamental Rights. Dr. Ambedkar called this the 'heart and soul' of the Constitution.

Fundamental Rights can be suspended during a National Emergency (except Articles 20 and 21). They can also be reasonably restricted by the State in the interest of public order, morality, and national security.

---

2. Fundamental Duties

Fundamental Duties are listed in Part IV-A, Article 51-A of the Constitution. They were added by the 42nd Constitutional Amendment Act, 1976 on the recommendation of the Swaran Singh Committee. Originally there were 10 duties; an 11th was added by the 86th Amendment Act, 2002.

Key features:
- They are not justiciable (cannot be directly enforced by courts), but they serve as a moral obligation on citizens.
- They remind citizens that along with rights come responsibilities.
- They help courts determine the constitutional validity of laws.

Some important Fundamental Duties include:
- To abide by the Constitution and respect its ideals and institutions.
- To cherish and follow the noble ideals of the freedom struggle.
- To uphold and protect the sovereignty, unity, and integrity of India.
- To defend the country and render national service when called upon.
- To promote harmony and the spirit of common brotherhood.
- To protect and improve the natural environment.
- To develop scientific temper and humanism.
- To safeguard public property.
- To strive towards excellence in all spheres of individual and collective activity.
- For parents/guardians to provide opportunities for education to children between 6 and 14 years (11th duty).

---

3. Preamble

The Preamble is the introductory statement of the Constitution. It declares the source, objectives, and the date of adoption of the Constitution. It was adopted on 26 November 1949.

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."

Key words explained:
- Sovereign: India is free from external control.
- Socialist: Wealth is equitably distributed; the State works to reduce inequality.
- Secular: The State has no official religion; all religions are treated equally.
- Democratic: Government is elected by the people.
- Republic: The Head of State (President) is elected, not hereditary.

The words 'Socialist' and 'Secular' were added by the 42nd Amendment, 1976. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the Preamble is a part of the Constitution. In Berubari Union Case (1960), it was held that the Preamble is not a source of power but can be used to interpret ambiguous provisions.

---

4. Directive Principles of State Policy (DPSP)

Directive Principles of State Policy are contained in Part IV (Articles 36–51) of the Constitution. They are borrowed from the Irish Constitution. They are guidelines or directives given to the State (Central and State governments) to keep in mind while formulating laws and policies.

Key features:
- They are non-justiciable, meaning they cannot be enforced by courts.
- They aim to establish a Welfare State and a Social and Economic Democracy.
- They supplement Fundamental Rights by providing positive obligations on the State.

Classification of DPSPs:

*Socialistic Directives:*
- Equal pay for equal work for men and women (Article 39d).
- Right to adequate means of livelihood (Article 39a).
- Free legal aid (Article 39A).
- Right to work, education, and public assistance (Article 41).

*Gandhian Directives:*
- Organisation of village panchayats (Article 40).
- Promotion of cottage industries (Article 43).
- Prohibition of intoxicating drinks (Article 47).

*Liberal-Intellectual Directives:*
- Uniform Civil Code (Article 44).
- Separation of judiciary from executive (Article 50).
- Protection of monuments of national importance (Article 49).

Relationship with Fundamental Rights: In Minerva Mills v. Union of India (1980), the Supreme Court held that there must be a harmonious balance between Fundamental Rights and DPSPs. Neither is superior to the other; both together form the conscience of the Constitution.

1. Unicameral and Bicameral Legislature

| Basis | Unicameral Legislature | Bicameral Legislature |
|---|---|---|
| Meaning | A legislature with only one House (chamber). | A legislature with two Houses (chambers). |
| Example | State legislatures of Goa, Sikkim, etc. (only Vidhan Sabha). | Parliament of India (Lok Sabha + Rajya Sabha); States like Uttar Pradesh, Maharashtra (Vidhan Sabha + Vidhan Parishad). |

Key Difference: A unicameral legislature has a single house, making the law-making process faster but with less scrutiny, whereas a bicameral legislature has two houses, providing a system of checks and balances where laws are reviewed twice.

---

2. Fundamental Rights and Fundamental Duties

| Basis | Fundamental Rights | Fundamental Duties |
|---|---|---|
| Nature | These are justiciable — they can be enforced by courts. | These are non-justiciable — they cannot be directly enforced by courts. |
| Character | They are negative obligations on the State (the State shall not violate them) and positive entitlements for citizens. | They are positive obligations on citizens (what citizens must do for the nation). |

Key Difference: Fundamental Rights are enforceable legal rights granted to citizens, while Fundamental Duties are moral obligations imposed on citizens that are not directly enforceable in a court of law.

---

3. Sovereign and Secular

| Basis | Sovereign | Secular |
|---|---|---|
| Meaning | India is free from external control; it has supreme and independent authority over its territory and can make its own laws without interference from any foreign power. | India has no official State religion; the State treats all religions equally and does not favour or discriminate against any religion. |

Key Difference: 'Sovereign' relates to India's political independence and supremacy in external and internal affairs, whereas 'Secular' relates to the State's neutral and equal relationship with all religions.

---

4. Article 32 and Article 226

| Basis | Article 32 | Article 226 |
|---|---|---|
| Court | It empowers the Supreme Court to issue writs. | It empowers the High Courts to issue writs. |
| Scope | It can only be invoked for the enforcement of Fundamental Rights. | It can be invoked for the enforcement of Fundamental Rights as well as for any other legal right (wider scope). |

Key Difference: Article 32 is a Fundamental Right itself (called the 'Right to Constitutional Remedies') and can only be used to enforce Fundamental Rights before the Supreme Court, while Article 226 gives High Courts a broader power to issue writs for any legal right, not just Fundamental Rights.

---

5. Original and Advisory Jurisdiction of the Supreme Court

| Basis | Original Jurisdiction | Advisory Jurisdiction |
|---|---|---|
| Meaning | The Supreme Court has the power to hear cases for the first time (not as an appellate court). Under Article 131, it hears disputes between the Union and States, or between States inter se. | Under Article 143, the President of India can refer a question of law or fact of public importance to the Supreme Court for its opinion/advice. |
| Binding Nature | The judgment is binding on the parties. | The opinion given is not binding on the President; it is only advisory. |

Key Difference: In original jurisdiction, the Supreme Court decides a dispute and its decision is binding, whereas in advisory jurisdiction, the Court only gives a non-binding opinion to the President on a legal question referred to it.

Given/Concept: The Constitution of India is often referred to as a 'living document.' We need to explain why.

Answer:

The Constitution of India is called a 'living document' because it is not static or rigid; it is capable of being amended and adapted to meet the changing needs, aspirations, and circumstances of society over time.

Reasons:

1. Amendability (Article 368): The Constitution provides a procedure for its own amendment under Article 368. Parliament can amend the Constitution to add, remove, or modify its provisions. Since its adoption in 1949, the Constitution has been amended over 100 times, reflecting the changing social, economic, and political realities of India.

2. Judicial Interpretation: The Supreme Court and High Courts continuously interpret the provisions of the Constitution in light of contemporary needs. For example, the Right to Life under Article 21 has been expanded by the judiciary to include the right to education, right to health, right to a clean environment, right to privacy, etc. This dynamic interpretation keeps the Constitution relevant.

3. Flexibility and Rigidity: The Constitution has a blend of flexible and rigid provisions. Some parts can be amended by a simple majority in Parliament, while others require a special majority and ratification by States. This balance allows it to evolve without losing its core character.

4. Basic Structure Doctrine: In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that while Parliament can amend the Constitution, it cannot destroy its 'basic structure' (such as democracy, federalism, secularism, judicial review). This ensures that the Constitution evolves but retains its fundamental identity.

Conclusion: Thus, the Constitution of India is a living document because it grows and adapts with the nation through amendments and judicial interpretation, while preserving its core values and principles.

Given/Concept: The Constitution of India drew its provisions from various sources — both domestic and foreign.

Answer:

The framers of the Indian Constitution were well-read and drew inspiration from the constitutions of various countries. The three broad sources are:

1. The Government of India Act, 1935 (Domestic Source):
This is the single most important source of the Indian Constitution. A large number of structural and administrative provisions were borrowed from this Act. Features such as the federal structure, the office of the Governor, the powers of the Federal Court (now Supreme Court), emergency provisions, the Public Service Commissions, and the scheme of distribution of legislative powers between the Centre and States were all drawn from this Act. Dr. Ambedkar acknowledged this source extensively.

2. Foreign Constitutions:
The framers borrowed specific features from the constitutions of various countries:
- United Kingdom (UK): Parliamentary form of government, the concept of the Rule of Law, legislative procedure, and the institution of the Speaker.
- United States of America (USA): Fundamental Rights, judicial review, independence of the judiciary, the Preamble, and the impeachment of the President.
- Ireland: Directive Principles of State Policy and the method of election of the President.
- Canada: Federal structure with a strong Centre, distribution of powers, and residuary powers with the Centre.
- Australia: Concurrent List, freedom of trade and commerce.
- Germany (Weimar Constitution): Suspension of Fundamental Rights during Emergency.
- South Africa: Procedure for amendment of the Constitution.
- USSR (now Russia): Fundamental Duties and the ideals of justice (social, economic, political) in the Preamble.
- France: Ideals of Liberty, Equality, and Fraternity in the Preamble.
- Japan: Procedure established by law (Article 21).

3. The Constituent Assembly Debates:
The debates, discussions, and deliberations within the Constituent Assembly itself served as a source. The members debated every provision extensively, and the final text reflects the collective wisdom, compromises, and aspirations of the founding fathers. These debates are used by courts to understand the intent behind constitutional provisions.

Conclusion: The Constitution of India is thus a unique document that synthesised the best features from various sources while adapting them to India's specific social, cultural, and political context.

Given/Concept: The Constituent Assembly was the body that drafted the Constitution of India.

Formation of the Constituent Assembly:

The idea of a Constituent Assembly for India was first put forward by M.N. Roy in 1934. The demand was accepted in principle by the British Government through the Cabinet Mission Plan of 1946.

- The Constituent Assembly was constituted in November 1946 under the Cabinet Mission Plan.
- It had a total of 389 members initially. After the partition of India, the number was reduced to 299 members.
- Members were not directly elected by the people. They were elected by the members of the Provincial Legislative Assemblies through proportional representation by means of a single transferable vote.
- Each province was allocated seats roughly in proportion to its population (approximately one seat per million population).
- The Assembly included representatives of the Indian Princely States as well.
- Dr. Sachidananda Sinha was the first temporary President of the Assembly. Later, Dr. Rajendra Prasad was elected as the permanent President, and Sir B.N. Rau was appointed as the Constitutional Advisor.
- Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.

Purpose of the Constituent Assembly:

1. To draft the Constitution: The primary purpose was to frame a written Constitution for independent India that would lay down the fundamental law of the land.
2. To represent the will of the people: The Assembly was meant to be a representative body that would give expression to the aspirations and values of the Indian people.
3. To establish a framework of governance: It aimed to establish the structure of government — the legislature, executive, and judiciary — and define their powers and relationships.
4. To guarantee rights: It aimed to guarantee Fundamental Rights to all citizens and lay down Directive Principles for the State.
5. Legislative function: Until the new Parliament was constituted, the Constituent Assembly also functioned as the Provisional Parliament of India.

The Constituent Assembly held its first sitting on 9 December 1946 and completed its work on 26 November 1949, when the Constitution was adopted. It took 2 years, 11 months, and 18 days to draft the Constitution.

Given/Concept: Emergency provisions are contained in Part XVIII (Articles 352–360) of the Constitution.

When can the President proclaim Emergency?

The President of India can proclaim three types of emergencies:

1. National Emergency (Article 352):
The President can proclaim a National Emergency when the security of India or any part of its territory is threatened by:
- War
- External aggression
- Armed rebellion (the original term was 'internal disturbance,' changed to 'armed rebellion' by the 44th Amendment, 1978)

The proclamation must be approved by both Houses of Parliament by a special majority (2/3rd of members present and voting, and a majority of the total membership of each House) within one month. It has been proclaimed three times in India: 1962 (China War), 1971 (Pakistan War), and 1975 (internal disturbance).

2. President's Rule / State Emergency (Article 356):
The President can impose President's Rule in a State when:
- The constitutional machinery in a State has failed (i.e., the government of a State cannot be carried on in accordance with the provisions of the Constitution).
- This is usually done on the report of the Governor of the State.

It must be approved by Parliament within two months.

3. Financial Emergency (Article 360):
The President can proclaim a Financial Emergency when the financial stability or credit of India or any part thereof is threatened. It must be approved by Parliament within two months. It has never been proclaimed in India.

What happens during a National Emergency (Article 352)?

1. Federal structure becomes unitary: The Centre acquires the power to legislate on subjects in the State List. The executive power of the Union extends to giving directions to States on any matter.
2. Fundamental Rights are affected: Under Article 358, the six freedoms under Article 19 are automatically suspended. Under Article 359, the President can suspend the right to move courts for enforcement of other Fundamental Rights (except Articles 20 and 21, which can never be suspended).
3. Lok Sabha's term can be extended by Parliament by one year at a time.
4. Financial provisions change: The Centre can modify the constitutional provisions regarding distribution of revenues between the Centre and States.
5. Parliament can legislate for States on subjects in the State List.