Notes of Constitution

Introduction;
 The Constitution of India is the supreme legal document of India. It frames
fundamental political principles, procedures, practices, rights, powers, and duties of
the government. It imparts constitutional supremacy and not parliamentary
supremacy, as it is not created by the Parliament but, by a constituent assembly, and
adopted by its people, with a declaration in its preamble. It is the longest written
national constitution in the world. It has 448 Articles in 25 parts and 8 schedules and
105th amendment till now.

Background;
The British came to India in 1600 as traders, in the form of East India Company, which had
the exclusive right of trading in India under a charter granted by Queen Elizabeth In 1765, the
EIC, which till now had purely trading functions obtained the ‘diwani’ (i.e., rights over
revenue and civil justice) of Bengal, Bihar and Orissa and this rule continued until India was
granted independence on August 15, 1947.
With Independence, India came the need for a Constitution. A Constituent Assembly was
formed for this purpose in 1946 and on January 26, 1950, the Constitution came into being.
However, various features of the Indian Constitution and polity have their roots in the British
rule. There were certain events in the British rule that laid down the legal framework for the
organisation and functioning of government and administration in British India. These events
have greatly influenced our constitution and polity. Like, The Company Rule (1773-1858),
The Crown rule (1858-1947), Government of India Act,1919, Government of India,1935etc.

Making of the Constitution

 DEMAND FOR A CONSTITUENT ASSEMBLY
It was in 1934 that the idea of a Constituent Assembly for India was put forward for the first
time by M.N. Roy, a pioneer ( who develop first) of communist movement in India. In 1935,
the Indian National Congress (INC), for the first time, officially demanded a Constituent
Assembly to frame the Constitution of India. In 1938, Jawaharlal Nehru, on behalf the INC
declared that ‘the Constitution of free India must be framed, The Constituent Assembly
elected on the basis of adult franchise. On December 13, 1946, Jawaharlal Nehru moved the
historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and
philosophy of the constitutional structure. It contains that “This Constituent Assembly
declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic
and to draw up for her future governance to make the Constitution”.

 Adoption of the Indian Constitution

The Constitution of India was framed by a Constituent Assembly which was established in
1946. The President of the Constituent Assembly was Dr. Rajendra Prasad. On 29th August
1947, a resolution was moved in the Constituent Assembly for the appointment of a Drafting
Committee to draft a permanent constitution of India.
The Drafting Committee took a total of 166 days, which was spread over 2 years, 11 months,
and 18 days to prepare a draft constitution. The final draft of the Constitution was introduced
in the Constituent Assembly on 4th November 1948.
 ENACTMENT OF THE CONSTITUTION
Dr. B.R. Ambedkar is recognised as the ‘Father of the Constitution of India’. He introduced
the final draft of the Constitution in the Assembly on November 4, 1948 (first reading). The
Assembly had a general discussion on it for five days (till November 9,1948).
On November 14, 1949, Dr. B.R. Ambedkar moved a motion–‘the Constitution as settled by
the Assembly be passed’. The motion on Draft Constitution was declared as passed on
November 26, 1949, and received the signatures of the members and the president. The
Constitution as adopted on November 26, 1949.
Sources of Indian constitution
1) Constitution of the United States -Preamble, Fundamental Rights, Federal structure of
government, Judicial review, President as Supreme Commander of Armed Forces, Equal
protection under law.
2) British constitution - Parliamentary form of government, The idea of single citizenship,
The idea of the Rule of law, Writs, Lawmaking procedure, Procedure established by Law.
3) Canadian constitution - A quasi-federal form of government-a federal system with a
strong central government, Distribution of powers between the central government and
state governments, Residual powers (special powers entrusted by the Constitution, to the
Union Govt.) retained by the central government.
4) Irish constitution (Ireland) - Directive Principles of State Policy, Nomination of
members to Rajya Sabha, Method of Election of President.
5) French constitution - Republic and the ideals of Liberty, Equality and Fraternity in the
Preamble.
6) Australian constitution - Freedom of trade and commerce within the country and
between the states, Power of the national legislature to make laws for implementing
treaties, even on matters outside normal Federal jurisdiction, Concurrent List.
7) Constitution of Soviet Union (USSR) - Fundamental Duties under Article 51-A.
8) Constitution of South Africa- Procedure for amendment, Election of Rajya Sabha
members.
9) Constitution of Russia- Idea of Social, Economic, and Political Justice in Preamble.
10) Constitution of Japan- Procedure Established by Law.
11) Government of India Act 1935 -

 Federal Scheme
 Emergency Provisions
 Public Service Commissions
 Office of Governor
 Judiciary
 Administrative Details
Preamble of the Constitution
The American Constitution was the first to begin with a Preamble. Many countries, including
India, followed this practice. The term ‘Preamble’ refers to the introduction or preface to the
Constitution. It contains the summary or essence of the Constitution. N.A. Palkhivala, an
eminent jurist and constitutional expert, called the Preamble as the ‘identity card of the
Constitution.’ The Preamble to the Indian Constitution is based on the ‘Objectives
Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly.
It has been amended by the 42nd Constitutional Amendment Act (1976), which added three
new words–Socialist, Secular and Integrity. According to K.M. Munshi, a member of the
Drafting Committee of the Constituent Assembly, the Preamble is the ‘horoscope of our
sovereign democratic republic.

Components of Preamble
It is indicated by the Preamble that the source of authority of the Constitution lies with the
people of India.
Preamble declares India to be a sovereign, socialist, secular and democratic republic.
The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens
and promote fraternity to maintain unity and integrity of the nation.
The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.

Key words in the Preamble

We, the people of India: It indicates the ultimate sovereignty of the people of India.
Sovereignty means the independent authority of the State, not being subject to the control of
any other State or external power.
Sovereign: The term means that India has its own independent authority and it is not a
dominion of any other external power. In the country, the legislature has the power to make
laws which are subject to certain limitations.
Socialist: The term means the achievement of socialist ends through democratic means. It
holds faith in a mixed economy where both private and public sectors co-exist side by side.
Secular: The term means that all the religions in India get equal respect, protection and
support from the state.
Democratic: The term implies that the Constitution of India has an established form of
Constitution which gets its authority from the will of the people expressed in an election.
Republic: The term indicates that the head of the state is elected by the people. In India, the
President of India is the elected head of the state.
Justice: It is necessary to maintain order in society through various provisions of
Fundamental Rights and Directive Principles of State Policy provided by the Constitution of
India. It comprises three elements, which is social, economic, and political.
Social Justice – Social justice means that the Constitution wants to create a society without
discrimination on any grounds like caste, creed (strongly influenced somebody’s life), gender,
religion, etc.
Economic Justice – Economic Justice means no discrimination can be caused by people on
the basis of their wealth, income, and economic status. Every person must be paid equally for
an equal position and all people must get opportunities to earn for their living.
Political Justice – Political Justice means all the people have an equal, free and fair right
without any discrimination to participate in political opportunities.
Equality: The term ‘Equality’ means no section of society has any special privileges and all
the people have given equal opportunities for everything without any discriminations.
Everyone is equal before the law.
Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have
political views and behaviour in society. Liberty does not mean freedom to do anything, a
person can do anything but in the limit set by the law.
Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional
attachment with the country and all the people. Fraternity helps to promote dignity and unity
in the nation.
PREAMBLE AS PART OF THE CONSTITUTION
One of the controversies about the Preamble is as to whether it is a part of the Constitution
or not.
In the Berubari case (1960), the Supreme Court said that the Preamble shows the general
purposes behind the several provisions in the Constitution, Further, where the terms used in
any article are ambiguous or capable of more than one meaning, some assistance at
interpretation may be taken from the objectives enshrined in the Preamble, The Supreme
Court specifically opined that Preamble is not a part of the Constitution.
In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and
held that Preamble is a part of the Constitution. It observed that the Preamble is of extreme
importance and the Constitution should be read and interpreted in the light of the grand and
noble vision expressed in the Preamble. In the LIC of India case (1995) also, the Supreme
Court again held that the Preamble is an integral part of the Constitution.
AMENDABILITY OF THE PREAMBLE
Kesavananda Bharati vs State of Kerala Case, 1973: In this case, for the first time, a
bench of 13 judges was assembled to hear a writ petition. The Court held that the Preamble of
the Constitution will now be considered as part of the Constitution. It held that the Preamble
could be amended under Article 368, subject to the condition that no amendment is done to
the ‘basic structure’ of the Constitution. Consequently, the Preamble was amended by the
42nd Amendment Act, 1976 and the terms ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to
the preamble. Furthermore, the court held that the Preamble is not the supreme power or
source of any restriction or prohibition but it plays an important role in the interpretation of
statutes and provisions of the Constitution.
Federal System
Political scientist have classified governments into two Unitary and Federal on the basis of
the nature of relations between the National Government / central government/ Federal
government and the Regional Government / state Govt. or provincial govt.
Unitary Govt.
Unitary Govt. is a government in which all power are vested in the National govt. or a central
govt. and then the state govt. derived their authority from the central govt. For example-;
Britain, France, Japan, China, Italy, Belgium, Norway, Sweden, Spain these all are the
Unitary form of Government.
Federal Government
Federal Govt. is a government in which the powers are divided between Central Govt. and
State Govt. by the Constitution itself and both operates in their respective jurisdiction
Independently. For example-: U.S., Switzerland, Australia, Canda, Russia, Brazil are federal
form of govt.
Federation
The term ‘Federation’ is derived from Latin word Foedus which means treaty or agreement. A
federal government is a solid system of splitting powers between a central national
government and local state governments that are attached to each other by the national
government. For Examples-: are the United States, Malaysia, India, Russia, Canada, Brazil,
Switzerland, Belgium, Pakistan, Germany, Australia, Mexico, Bosnia & Herzegovina, and
Nigeria.
There are two ways to make a Federation Country-:
1) Integration- Integration refers to the process of combining parts or entities to form a
unified whole. In political or organizational contexts, it involves the unification of
different regions, communities, or groups into a single cohesive system. Eg; U.S.
2) Disintegration, on the other hand, is the process of breaking a unified whole into
separate parts. It can occur due to internal conflicts, differing interests, or external
pressures, leading to fragmentation or dissolution. Eg-; Canda.
Article1
Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of
States’. This provision deals with two things: one, name of the country; and two, type of
polity.
Describe that India as a ‘Union of States’ instead of ‘federation of State’ because India is not
made by treaty or a agreement like the American Federation. The Federation is a union
because it tis indestructible.
India’s Federal system based on Canadian Model instead of U.S model.
K.C Wheare is a Constitutional Expert describe the Indian Constitution as a Quasi Federal
because it is not purely unitary form of govt. or not purely Federal in nature.
The Indian Constitution is often described as quasi-federal because it incorporates features of
both federal and unitary systems, balancing the distribution of powers between the central
and state governments while giving greater authority to the Centre in specific situations. This
distinctive blend ensures a strong central government while allowing states significant
autonomy in their areas of governance.

Features of a Quasi-Federal Constitution

1) Dual Polity: India has a dual government structure, comprising the Union and the
States, similar to a federal system.
2) Division of Powers: Powers are divided between the Union and States through three
lists in the Seventh Schedule:
 Union List: Exclusive powers of the Centre (e.g., defense, foreign affairs).
 State List: Exclusive powers of the States (e.g., police, public health).
 Concurrent List: Shared powers (e.g., education, forests).
3) Strong Central Government: The Centre has the power to override state legislation in
certain situations (e.g., under Article 249 or during emergencies). Article 356 allows
the imposition of President’s Rule in a state if constitutional machinery breaks down.
4) Unequal Representation: Unlike a purely federal system, states in India do not have
equal representation in the Rajya Sabha, as representation is based on population.
5) Emergency Provisions: In emergencies (Articles 352, 356, and 360), the Constitution
becomes more unitary, with states coming under the direct control of the Centre.
6) Single Citizenship: Unlike federal systems like the USA, India provides single
citizenship to ensure national unity.
7) Integrated Judiciary: India has a single, unified judiciary rather than separate federal
and state judicial systems.
Article 5 to 11 (Citizenship)
Citizenship is the status of a person recognized under law as being a legal member of a
sovereign state or belonging to a nation. In India, Articles 5 – 11 of the Constitution deals
with the concept of citizenship. The term citizenship entails the enjoyment of full
membership of any State in which a citizen has civil and political rights.
Article 5: Citizenship at the commencement of the Constitution
This article talks about citizenship for people at the commencement of the Constitution, i.e.
26th January 1950. Under this, citizenship is conferred upon those persons who have their
domicile in Indian territory and –
1) Who was born in Indian territory; or
2) Whose either parent was born in Indian territory; or
3) Who has ordinarily been a resident of India for not less than 5 years immediately
preceding the commencement of the Constitution.
Article 6: Citizenship of certain persons who have migrated from Pakistan
Any person who has migrated from Pakistan shall be a citizen of India at the time of the
commencement of the Constitution if –
1) He or either of his parents or any of his grandparents was born in India as given in the
Government of India Act of 1935; and
(a) in case such a person has migrated before July 19th, 1948 and has been ordinarily resident
in India since his migration, or
(b) in case such as a person has migrated after July 19th, 1948 and he has been registered as a
citizen of India by an officer appointed in that behalf by the government of the Dominion of
India on an application made by him thereof to such an officer before the commencement of
the Constitution, provided that no person shall be so registered unless he has been resident in
India for at least 6 months immediately preceding the date of his application.
Article 7: Citizenship of certain migrants to Pakistan
This article deals with the rights of people who had migrated to Pakistan after March 1, 1947,
but subsequently returned to India.
Article 8: Citizenship of certain persons of Indian origin residing outside India
This article deals with the rights of people of Indian origin residing outside India for purposes
of employment, marriage, and education.
Article 9: People voluntarily acquiring citizenship of a foreign country will not be citizens of
India.
Article 10: Any person who is considered a citizen of India under any of the provisions of
this Part shall continue to be citizens and will also be subject to any law made by the
Parliament.
Article 11: Parliament to regulate the right of citizenship by law
The Parliament has the right to make any provision concerning the acquisition and
termination of citizenship and any other matter relating to citizenship.
Fundamentals Rights with Case Laws
Article 12 – “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.”. The term “includes”
shows that the definition is not exhaustive. that State includes the following:
1) Government and Parliament of India i.e., the Executive and Legislature of the Union.
2) Government and Legislature of each State i.e., the Executive and Legislature of the
various States of India.
3) All local or other authorities within the territory of India, or under the control of the
Government of India - The expression local authorities is defined in Section 3(31) of
the General Clause Act, 1897 as local Authority shall mean a municipal committee,
district board, body of commissioner or other authority legally entitled to
or entrusted by the Government within the control or management of a
municipal or local fund.
 The expression local authorities usually refer to authorities such as municipalities,
District Boards, Panchayats, mining settlement boards, etc.
  The term other authorities have nowhere been defined. Union of India v. R.C.
Jain (1981)SC laid down the test for determining which bodies would be
considered as a local authority under the definition of State enshrined under
Article 12 of the COI.
 University of Madras v. Shanta Bai (1950), the Madras High Court evolved the
principle of ‘ejusdem generis’ i.e., of the like nature. It means that only those
authorities are covered under the expression ‘other authorities’ which perform
governmental or sovereign functions. Further, it cannot include persons, natural or
juristic, for example, Unaided universities.

Whether a Body falls Under Article 12 or Not

In R.D Shetty v. Airport Authority of India (1979) Justice P.N Bhagwati gave 5 Point test.
This is a test to determine whether a body is an agency or instrumentality of the State and
goes as follows –
1) Financial resources of the State, where the State is the chief funding source i.e. the
entire share capital is held by the government.
2) Deep and pervasive control of the State.
3) The functional character being Governmental in its essence, meaning thereby that its
functions have public importance or are of a governmental character.
4) A department of Government transferred to a corporation.
5) Enjoys monopoly status which State conferred or is protected by it.

Whether State includes Judiciary

in Rupa Ashok Hurra v. Ashok Hurra (2002), the SC reaffirmed and ruled that no judicial
proceeding could be said to violate any of the Fundamental rights and that it is a settled
position of law that superior courts of justice did not fall within the ambit of State or other
authorities under Article 12.

Article13
13(1) States that all pre-constitutional laws that contradict the fundamental rights enshrined
in the Constitution are void to the extent of their inconsistency.
o "Laws in force" refers to all pre-constitutional laws that were valid before the
Constitution was adopted but must now align with the fundamental rights.
o "Inconsistent with the provisions of this Part" indicates that any law contradicting
fundamental rights must be invalidated to the extent of the contradiction.
o "Void to the extent of such inconsistency": Highlights that only the parts of laws
that are inconsistent with fundamental rights will be nullified, not necessarily the
entire law.
13(2) This clause prevents the State from enacting any law that infringes upon or diminishes
the fundamental rights guaranteed in Part III of the Constitution. Any such law, if made, will
be deemed void to the extent of the infringement.
13(3) Clarifies the scope of what is considered "law" and "laws in force." "Law"
encompasses a broad range of legal instruments, including ordinances, orders, by-laws, rules,
regulations, notifications, customs, or usages that have the force of law in India. "Laws in
force" include laws made by legislative or competent authorities before the commencement
of the Constitution, which have not been repealed.
13 (4): This clause specifies that amendments to the Constitution made under Article 368 are
not subject to the provisions of Article 13. This means that constitutional amendments cannot
be challenged on the grounds that they violate fundamental rights.
Application of the Doctrine of Severability
The doctrine of severability is an important principle under Article 13 of Indian Constitution,
which allows for the separation of unconstitutional parts of a law from the rest of the statute.
If a particular provision of a law is found to be in violation of fundamental rights, only that
specific provision is declared void, while the rest of the law remains intact and enforceable.
the Doctrine of Eclipse
The doctrine of eclipse, another significant concept under Article 13 of Indian Constitution,
states that if a law becomes void due to inconsistency with fundamental rights, it is not
permanently dead. Such a law is only eclipsed and can become operative again if the
constitutional inconsistency is removed, such as through an amendment
Cases-: Whether the Article 13 is prospective or Retrospective Effect?
In the Keshavan Madhavan Menon vs. State of Bombay case (1951), the SC clarified that
fundamental rights under Part III of the Constitution have no retrospective effect. This means
that the invalidity of laws concerning Article 13(1) operates prospectively, affecting pre-
Constitution laws that are inconsistent with fundamental rights.

Right to Equality (Article 14 to Article18)

Article 14
The Indian Constitution guarantees certain fundamental rights to its citizens, which are
essential to uphold the principles of democracy, justice, and equality. Article 14, enshrining
the concept of equality, forms the cornerstone of individual rights and liberties. This article
ensures that every individual, irrespective of their identity or status, is treated equally in the
eyes of the law and is entitled to equal protection by the legal system.
Article 14 embodies two significant concepts:
1) Equality before the Law
2) Equal protection from the Law.
Equality before the Law- This cornerstone of justice ensures equal subjection of all
individuals to the ordinary law of the land and the principle of like should be treated alike is
treated alike is followed. It means that the right to sue and be sued for the same cause of
action should be the same for the people who are equals. It means the people who are in
similar circumstances and such right should be available to them without any discrimination
on the basis of religion, sex, caste or any other factor.
A.V. Dicey a constitutional theorist gave the concept of Rule of Law means that no person is
above the law. Equality of law is the part of the Rule of Law.
Determine by three-:)
(1) Supremacy of Law-: This is the first pillar of Dicey’s concept of rule of law. The Rule
of Law rejects all kinds of arbitrary and discretionary powers of the government
or public officials. It implies that a man may be punished for a breach of law, but
he cannot be punished for anything else.

(2) Equality Before Law-:The second important pillar of Dicey’s concept of Rule of
Law is Equality before Law. It means that there shall be no distinction between the
rich and the poor, officials and non-officials, majority and minority, no one can
be degraded, and no one can be upgraded.

(3) Predominance of the Legal Spirit –:The third pillar of Dicey’s concept of Rule of
Law is predominance of legal spirit. According to Dicey, for the prevalence of the rule
of law there should be an enforcing authority and that authority he found in the courts.
It should be free from impartiality and external influence. Independence of the
judiciary is therefore an important pillar for the existence of the rule of law.

Equal protection from Law (American origin):

Ensures similar treatment in similar situations, both in rights and responsibilities. Like cases
should be treated alike, without discrimination.
Parameters Equality Before Law Equal Protection of Laws
Implication No special privileges: Absence of Equal treatment: Equal treatment in similar
special privileges in favour of any circumstances, both in the privileges and
person, liabilities imposed by the law.
Law of the land: Equal subjection Similar application: The similar application of
of all persons to the ordinary law the same laws to all persons who are similarly
of the land administered by situated.
ordinary law courts.
Like should be treated alike: The like should
Law is paramount: No person be treated alike without any discrimination.
(whether rich or poor, high or low,
official or non-official) is above
the law.
Origin This concept is of British origin. This concept is from the US Constitution.

Nature Negative concept: Equality Before Positive obligation: It is a positive obligation

the Law is a negative concept as it under which the state brings about necessary
implies the absence of any special social and economic changes, to ensure every
 privileges in favour of individual. persons enjoy equal protection.
Exceptions to Equality:
Article 361: The President and Governor have certain immunities.
Article 361-A: No one can be sued for publishing true reports of Parliament proceedings.
Article 105: Members of Parliament have certain privileges.
Article 194: State legislators have similar privileges.
Article 31-C: Laws for implementing certain principles can’t be challenged under Article 14.
Diplomatic Immunity: Foreign leaders and diplomats, as well as the UN and its agencies,
have immunity from legal proceedings.
Class Legislation
Class legislation refers to laws that arbitrarily or unjustifiably discriminate in favor of or
against a particular group of people. Such laws create inequality by granting privileges or
imposing burdens on specific classes without any rational justification.
Examples of Class Legislation:
 A law that applies benefits or restrictions only to a certain caste, religion, or gender
without a valid basis.
 State of West Bengal v. Anwar Ali Sarkar (1952): The Supreme Court struck down a law
allowing arbitrary classification, as it violated Article 14.

Reasonable Classification
Reasonable classification allows the state to make distinctions between groups of people or
objects if such distinctions are based on intelligible criteria and have a rational nexus with the
objective of the law
Key Elements of Reasonable Classification:
1. Intelligible Differentia: The classification must be based on a clear and reasonable
distinction that differentiates the group from others.
2. Rational Nexus: The distinction must have a direct and reasonable connection to the
objective the law seeks to achieve.
Class legislation is unconstitutional under Article 14 because it promotes arbitrary
discrimination, while reasonable classification is permissible if it satisfies the test of
intelligible differentia and rational nexus.

Article 15
Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race,
caste, sex, or place of birth. This article ensures equality before the law and prohibits any
form of discrimination in public access to shops, public restaurants, hotels, and places of
public entertainment. It also prohibits any form of discrimination in employment or the use of
public resources.
Article 15(1) of the Constitution of India states that the State, which includes the government
and its institutions, shall not discriminate against any citizen based solely on religion, race,
caste, sex, place of birth or any of them. This means that the State cannot treat individuals or
groups differently or unfairly based on these grounds.
Article 15(2) of the Constitution of India is a fundamental right that prohibits discrimination
against any citizen of India solely based on religion, race, caste, sex, place of birth, or any of
them. The provision prohibits any citizen from being subjected to any disability, liability,
restriction, or condition on these grounds. This means that no citizen can be denied access to
these public facilities on the basis of their religion, race, caste, sex, place of birth or any of
them.
Article 15(3) permits the State to make such special provisions without violating the
fundamental right to equality guaranteed to all citizens. These special provisions may include
policies and programs that aim to uplift women and children, such as reservations in
educational institutions, employment opportunities, and healthcare facilities, as well as
protection against various forms of discrimination and violence.
Article 15(4) of the Indian Constitution allows the State to make special provisions for the
advancement of socially and educationally backward classes of citizens, Scheduled Castes,
and Scheduled Tribes. These provisions can include reservations in education, employment,
and political representation, as well as other programs aimed at addressing social and
educational inequalities faced by these groups. The aim of such special provisions is to help
these communities to have access to opportunities and resources that were denied to them in
the past, and to bring them to par with the rest of society.

Article 16
Article 16 ensures that all citizens have equal access to opportunities in government
employment and prohibits unfair treatment based on certain characteristics. It allows
for reservations to be made in public employment for disadvantaged groups, such as
Scheduled Castes, Scheduled Tribes, and Other Backward Classes, to address historical and
social inequalities.
Opportunities-: This article talks about two opportunities i.e.,
1) Equality of Opportunity- Article 16 aims to ensure that all citizens have an equal
chance to be employed in government services, regardless of their background. The
purpose of Articles 15(4) and 16(4) is to ensure equality of opportunity of the socially
backward classes, the criterion for sub-classification within a class (be it the Other
Backward Classes or the Scheduled Castes or Tribes) must be an indicator of social
backwardness.
2) Substantive Equality of Opportunity-:The concept of substantive equality goes
beyond formal equality by recognizing that treating everyone the same may not result
in true equality due to historical disadvantages and social inequalities.
General Rule
 Clause (1) states the provision for Equal Opportunity as:
  equality of opportunity to all the citizens in matters of public employment under the
State.
 It is only applicable to offices under the Central and the State Governments.
 Clause (2) states the provisions for Equal Access to Public Employment as:
 It prohibits the State from conferring any discrimination against citizens in the matter
of public employment on the grounds only of religion, race, caste, sex, descent, place
of birth, residence, or any of them.
Exceptions to the General Rule
Clause (3) states the provisions for parliament to enact laws as:
 It empowers the parliament to enact laws any legislation requiring residence in a state
or union territory as a pre-condition for particular employment or appointments in the
respective state or union territory or in local authorities or other authorities within that
state or union territory.
Clause (4) states the provisions for Reservations as:
 It empowers the State to make provisions for the reservation of appointments or posts
in favor of any backward class of citizens which, in the opinion of the State, is not
adequately represented in the services under the State.
Clause (4A) states the provisions for Special Provisions for Scheduled Castes and
Scheduled Tribes as:
 It provides for the reservation of posts in favor of any Scheduled Castes and
Scheduled Tribes in public employment.
 It was added by the 77th Constitutional Amendment 1995.
Clause (4B) states the provisions for Reservations in Promotion as:
 It allows the State to provide reservation in matters of promotion to any class or
classes of posts in the services under the State in favor of the Scheduled Caste and
the Scheduled Tribes.
 It was added by the 81st Constitutional Amendment, 2000.
Clause (5) states the provisions for enactment of laws where Clause (1) and Clause (2) shall
not be applicable as:
 It allows incumbents of any office to be religiously qualified for appointment
of a person professing a particular religion or belonging to a particular
denomination.
Clause (6) states the provisions for Reservation in Promotions as:
 It allows the State to reserve appointments or posts in favor of any
economically weaker section of citizen other than the class mentioned in
clause (4), in addition to the existing reservation and subject to a maximum of
10% of the post in each category.

Article 17 Abolition of untouchability

Article 17 of the Indian Constitution is a crucial provision that prohibits the practice of
untouchability in any form. It is a reflection of the country's commitment to social equality
and the eradication of discrimination and social segregation. The article recognizes that
untouchability is a heinous practice that has been used to marginalize certain communities for
centuries. It aims to create an inclusive society that is free from biases and prejudices, where
every individual is treated with dignity and respect. The government needs to take strict
action against those who violate the rights of Dalits and ensure that justice is delivered to
them. Only then can we truly achieve a society where every individual is treated equally,
regardless of their caste or social background.
Meaning of Untouchables:
Untouchables refers to a social group in India that historically faced discrimination and
exclusion from the caste system. They were considered impure and their touch was believed
to contaminate members of higher castes.
Examples of Practices considered as Untouchability:

 Refusing to share food or drink with members of lower castes or tribes.

 Prohibiting members of lower castes from entering temples, mosques, or other places
of worship.
 Forcing members of lower castes to perform menial tasks such as cleaning toilets or
handling dead animals.
 Denying members of lower castes access to education or employment opportunities.
 Segregating members of lower castes in separate living quarters.
 Refusing to allow members of lower castes to use common facilities such as water
sources or public transportation.
 Imposing social restrictions on members of lower castes such as prohibiting them
from wearing certain types of clothing.
 Subjecting members of lower castes to physical violence or harassment.

Article 18 Abolition of Titles

This Article provides for the prohibition of title recognition in the Country. It does not
safeguard any fundamental rights but rather limits executive and legislative jurisdiction. It
does not provide for any penalty for the violation of the provisions contained therein. It does
not prohibit the State from conferring military or academic distinctions on any person.
Clause (3) and (4) have been added in this Article with a view that a person, not being a
citizen of India, should remain loyal to the State and would not commit the breach of trust
reposed in him.

Article 19 to 22 (Right to Freedom)

Article 19 Protection of certain rights regarding freedom of Speech etc. The right which is
protected under Article 19, which related to freedom of speech, peaceful assembly, Union or (
co-operative societies), move freely throughout the territory of India, reside and settle in any
Part of territory of India and to practice any profession. This right are not absolute there is an
reasonable restrictions.
19(1) All Citizens shall have right-:
(a) Freedom of Speech and Expression- The Right to speak and the right to express
oneself through and medium by words of mouth, writing, signs, internet etc.
Freedom to Information – State of U.P. V. Raj Narain 1975 SC People has right to
Known each and every function of govt. policies which is not confidential or Citizen have a
right to know every public act, everything that is done in a public way, by their public
functionaries. Eg-: Public Policies, Abhiyan, taxation etc.
It is the only way in which the society is more efficienet and effect when the transparency and
accountability between the citizen and Govt.
Right to Freedom of Silence- IN Bijoe Emmanuel V. State of Kerala 1986 SC There is no
compulsion to sing National Anthem because citizen have right to remain silence.
Freedom of Press
The term “Freedom of press” is explicit under U.S. Constitution But in Indian Constitution
the freedom of Press is implied. It is recognized as an essential part of the freedom of speech
and expression guaranteed under Article 19(1)(a).
As we all know that democracy has four pillars-: Legislative, Executive, Judiciary and Media
etc).
This freedom allows:
Right to Publish: Media can report news, opinions, and ideas.
Right to Circulate: Media has the right to distribute information without restrictions.
Right to Access Information: Journalists have the right to gather information and report it to
the public.
Article 19 (2) of the Indian Constitution provides reasonable restrictions on the freedom of
speech and expression123. These restrictions can be imposed in the interest of:
Sovereignty and integrity of India
Security of the State
Friendly relations with foreign States
Public order
Decency or morality
Contempt of court
Defamation
Incitement to an offence

Article 20
It provides certain safeguards in respect of conviction for offences. It is applicable to all
Persons, Citizens, Non- Citizens.
Following are the Safeguards-: 1) Protection against ex post facto Laws – Non
Retrospectivity of Criminal Legislation- Article 20(1).
Protection against Double jeopardy- Article 20 (2)
Protection against self – incrimination. - Article 20(3)
Article 20(1) ‘No person shall be convicted of any offence’ except for violation