Q1. Compare the constitutional law and constitutionalism.

The concept of constitutionalism is a mechanism that provides legitimacy to a democratic

government. It cannot and should not be confused with the legality of the acts of the
officials in a government setup. Constitutionalism is far more important than having a
written Constitution. With some exceptions most of the countries have Constitutions but
it in no way means that they practice constitutionalism. Some of the basic principles
developed over time that embody the concept of constitutionalism are separation of
powers, judicial control and accountable government.

 In India, constitutionalism is considered to be a natural corollary to the fundamental

governance of the country.
 The Constitution of India with the aid of various legislations has developed a detailed
and robust mechanism to put into place administrative mechanisms for the smooth
functioning of the machinery of governance.
 However, due to a variety of factors, the distance between the government and the
governed has been growing with every passing year. The rich are getting richer and the
poor have resigned to their fates, areas which were backward sixty years ago remain as
such.

The concept of constitutionalism has been recognized by the Supreme Court in

Rameshwar Prasad v. Union of India. The Court stated, “The constitutionalism or
constitutional system ofGovernment abhors absolutism – it is premised on the Rule of Law
in which subjective satisfaction is substituted by objectivity provided by the provisions of
the Constitution itself.”

In IR Coelho v. State of Tamil Nadu, the Court held that Constitutionalism is a legal
principlethat requires control over the exercise of governmental power to ensure that the
democratic principles on which the government is formed shall not be destroyed.
Chandrachud, CJ, in Minerva Mills case observed, – “The Constitution is a precious
heritage and, therefore, you cannot destroy its identity”.

Whereas, The Fundamental Duties in the Indian Constitution are inspired by the
Constitutionof erstwhile USSR. Notably, none of the Constitutions of major democratic
countries like USA, Canada, France, Germany, Australia and so on specifically contain a
list of duties of citizens.
In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make
recommendations about fundamental duties, the need and necessity of which was felt
duringthe operation of the internal emergency (1975–1977).
The Congress Government at Centre accepted these recommendations and enacted the
42nd Constitutional Amendment Act in 1976. This amendment added a new part, namely,
Part IVA to the Constitution. This new part consists of only one Article, that is, Article
51A whichfor the first time specified a code of ten fundamental duties of the citizens.
Q2. Classify the history of Indian Constitution with characteristics.
Regulating Act of 1773

 The East India Company was in severe financial crisis and had asked a loan of 1 million
pounds from the British government in 1772.
 Allegations of corruption and nepotism were rampant against company officials.
 There was a terrible famine in Bengal where a huge population perished.
 The Dual form of administration instituted by Robert Clive was complex and drawing
a lot of complaints. According to this system, the company had Diwani rights (obtained
after the Battle of Buxar) in Bengal and the Nawab had Nizamat rights (judicial and
policing rights) as secured from the Mughal Emperor. In reality, both powers were
vested with the company. The farmers and the general population suffered as their
improvement was neglected and the company was only concerned with maximising
revenue.
 Lawlessness increased in Bengal.
 The defeat of the company against Mysore’s Hyder Ali in 1769.

Provisions of this Act

 This act permitted the company to retain its territorial possessions in India but sought
to regulate the activities and functioning of the company. It did not take over power
completely, hence called ‘regulating’.
 The act provided for the appointment of a Governor-General along with four
Councillors in the Presidency of Fort William (Calcutta), jointly called the Governor-
General in Council.
 As per this, Warren Hastings was appointed as the Governor-General of the Presidency
of Fort William.
 The Governors in Councils at Madras and Bombay were brought under the control of
Bengal, especially in matters of foreign policy. Now, they could not wage war against
Indian states without Bengal’s approval.
 The company directors were elected for a period of five years and one-fourth of them
were to retire every year. Also, they could not be re-elected.
 The company directors were directed to make public all correspondence on revenue,
civil and military matters with Indian authorities before the British authorities.
 A Supreme Court of Judicature was established at Calcutta with Sir Elijah Impey as the
first Chief Justice. Judges were to come from England. It had civil and criminal
jurisdiction over the British subjects and not Indian natives.

Pitt’s India Act of 1784

Provisions of this Act
 It distinguished between the commercial and political functions of the Company.
 It allowed the Court of Directors to manage the commercial affairs but created a new
body called Board of Control to manage the political affairs. Thus, it established a
system of double government.
  It empowered the Board of Control to supervise and direct all operations of the civil
and military government or revenues of the British possessions in India. Thus, the act
was significant for two reasons: first, the Company’s territories in India were for the
first time calledthe ‘British possessions in India’; and second, the British Government
was given the supreme control over Company’s affairs and its administration in India.

Charter Act of 1833

This Act was the final step towards centralization in British India.
Provisions of this Act
 It made the Governor-General of Bengal as the Governor-General of India and vested
in him all civil and military powers. Thus, the Act created, for the first time, a
government of India having authority over the entire territorial area possessed by the
British in India. Lord William Bentick was the first governor-general of India.
 It deprived the governor of Bombay and Madras of their legislative powers. The
Governor-General of India was given exclusive legislative powers for the entire British
India. The laws made under the previous acts were called as Regulations while laws
made under this act werecalled as Acts.
 It ended the activities of the East India Company as a commercial body, which became
a purely administrative body. It provided that the company’s territories in India were
held by it ‘in trust for His Majesty, His heirs and successors’.
 The Charter Act of 1833 attempted to introduce a system of open competition for
selection of civil servants, and stated that the Indians should not be debarred from
holding any place, office and employment under the Company. However, this provision
was negated after opposition from the Court of Directors.

Charter Act of 1853

This was the last of the series of Charter Acts passed by the British Parliament between
1793 and 1853. It was a significant constitutional landmark.
Provisions of this Act
 It separated, for the first time, the legislative and executive functions of the Governor-
General’s council. It provided for addition of six new members called legislative
councillors to the council. In other words, it established a separate Governor-General’s
legislative councilwhich came to be known as the Indian (Central) Legislative Council.
This legislative wing of the council functioned as a mini-Parliament, adopting the same
procedures as the British Parliament. Thus, legislation, for the first time, was treated as
a special function of the government, requiring special machinery and special process.
 It introduced an open competition system of selection and recruitment of civil servants.
The covenanted civil services were thus thrown open to the Indians also. Accordingly,
the Macaulay Committee (the Committee o the Indian Civil Service) was appointed in
1854.
 It extended the Company’s rule and allowed it to retain the possession of Indian
territorieson trust for the British Crown. But it did not specify any particular period,
unlike the previous Charters. This was a clear indication that the Company’s rule could
be terminated at any time the Parliament liked.
 It introduced, for the first time, local representation in the Indian (Central) Legislative
Council. Of the six new legislative members of the governor-general’s council, four
members were appointed by the local (provincial) governments of Madras, Bombay,
Bengal and Agra.
Q3. Define the Salient features of Indian Constitution.

 Lengthiest written Constitution: - Constitutions are classified into written, like the
American Constitution, or unwritten, like the British Constitution. The Constitution
of India is the lengthiest of all the written constitutions of the world. It is a very
comprehensive, elaborate and detailed document. Four factors have contributed to
the elephantine size of our Constitution.
They are:
(a) Geographical factors, that is, the vastness of the country and its diversity.
(b) Historical factors, e.g., the influence of the Government of India Act of 1935,
which was bulky.
(c) Single Constitution for both the Centre and the states except Jammu and
Kashmir.
(d) Dominance of legal luminaries in the Constituent Assembly.

 Drawn from various sources: - The Constitution of India has borrowed most of its
provisions from the constitutions of various other countries as well as from the
Government of India Act5 of 1935. Dr B R Ambedkar proudly acclaimed that the
Constitution of India has been framed after ‘ransacking all the known Constitutions
of the World.

 Blend of Rigidity and Flexibility: - Constitutions are also classified into rigid and
flexible. A rigid Constitution is one that requires a special procedure for its
amendment, as for example, the American Constitution. A flexible constitution, on
the other hand, is one that can be amended inthe same manner as the ordinary laws
are made, as for example, the British Constitution.

 Federal System with Unitary Bias: - The Constitution of India establishes a federal
system of government. It contains all the usual features of a federation, viz., two
government, division of powers, written Constitution supremacy of Constitution,
rigidity of Constitution, independent judiciary and bicameralism. However, the
Indian Constitution also contains a large number of unitary or non-federal features,
viz., a strong Centre, single Constitution, single citizenship, flexibility of
Constitution, integrated judiciary, appointment of state governor by the Centre, all-
India services, emergency provisions, and so on.

 Integrated and Independent Judiciary: - The Indian Constitution establishes a judicial

system that is integrated as well as independent. The Supreme Court stands at the
top of the integrated judicial system in the country. Below it, there are high courts at
the state level. Under a high court, there is a hierarchy of subordinate courts, that is,
district courts and other lower courts. This single system of courts enforces both the
central laws as well as the state laws, unlike in USA, where the federal laws are
enforced by the federal judiciary and the state laws are enforced by the state
judiciary.

 Fundamental Rights: - Part III of the Indian Constitution guarantees six fundamental
rights to all the citizens:

(a) Right to Equality (Articles 14–18),

 (b) Right to Freedom (Articles 19–22),
(c) Right against Exploitation (Articles 23–24),
(d) Right to Freedom of Religion (Articles 25–28),
(e) Cultural and Educational Rights (Articles 29–30), and
(f) Right to Constitutional Remedies (Article 32).
The Fundamental Rights are meant for promoting the idea of political democracy.

 Directive Principles of State Policy: - According to Dr B R Ambedkar, the Directive

Principles of State Policy is a ‘novel feature’ of the Indian Constitution. They are
enumerated in Part IV of the Constitution. They can be classified into three broad
categories— socialistic, Gandhian and liberal–intellectual.

 Fundamental Duties: - The original constitution did not provide for the fundamental
duties of the citizens. These were added during the operation of internal emergency
(1975–77) by the 42nd Constitutional Amendment Act of 1976 on the
recommendation of the Swaran Singh Committee. The 86th Constitutional
Amendment Act of 2002 added one more fundamental duty.

 A Secular State: - The Constitution of India stands for a secular state. Hence, it does
not uphold any particular religion as the official religion of the Indian State.

 Universal Adult Franchise: - The Indian Constitution adopts universal adult

franchise as a basis of elections to the Lok Sabha and the State Legislative
Assemblies. Every citizen who is not less than 18 years of age has a right to vote
without any discrimination of caste, race, religion, sex, literacy, wealth, and so on.
The voting age was reduced to 18 years from 21 years in 1989 by the 61st
Constitutional Amendment Act of 1988.

 Single Citizenship: - Though the Indian Constitution is federal and envisages a dual
polity (Centre and states), it provides for only a single citizenship, that is, the Indian
citizenship. In countries like USA, on the other hand, each person is not only a
citizen of USA but also a citizen of the particular state to which he belongs. Thus,
he owes allegiance to both and enjoys dual sets of rights—one conferred by the
National government and another by the state government.

 Independent Bodies: - The Indian Constitution not only provides for the legislative,
executive and judicial organs of the government (Central and State) but also
establishes certain independent bodies. They are envisaged by the Constitution as
the bulwarks of the democratic system of Government in India. These are:

(a) Election Commission to ensure free and fair elections to the Parliament, the
state legislatures, the office of President of India and the office of Vice-
president of India.
(b) Union Public Service Commission to conduct examinations for recruitment
to all-India services and higher Central services and to advise the President
on disciplinary matters.

 Emergency Provisions: - The Indian Constitution contains elaborate emergency

 provisions to enable the President to meet any extraordinary situation
effectively. The rationality behind the incorporation of these provisions is to
safeguard the sovereignty, unity, integrity and security of the country, the
democratic political system and the Constitution.

 Three-tier Government: - Originally, the Indian Constitution, like any other

federal constitution, provided for a dual polity and contained provisions with
regard to the organization and powers of the Centre and the States. Later, the
73rd and 74th Constitutional Amendment Acts (1992) have added a third-tier
of government (i.e., local) which is not found in any other Constitution of the
world.

 Co-operative Societies: - The 97th Constitutional Amendment Act of 2011 gave

a constitutional status and protection to co-operative societies. In this context,
it made the following three changes in the Constitution:

(a) It made the right to form co-operative societies a fundamental right (Article 19).
(b) It included a new Directive Principle of State Policy on promotion of
cooperativesocieties (Article 43-B).
(c) It added a new Part IX-B in the Constitution which is entitled as “The
CooperativeSocieties” (Articles 243-ZH to 243-ZT).
Q4. Explain Fundamental Duties.

The Fundamental Duties in the Indian Constitution are inspired by the Constitution of
erstwhile USSR. Notably, none of the Constitutions of major democratic countries like
USA, Canada, France, Germany, Australia and so on specifically contain a list of duties
of citizens.
In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make
recommendations about fundamental duties, the need and necessity of which was felt
duringthe operation of the internal emergency (1975–1977).
The Congress Government at Centre accepted these recommendations and enacted the
42nd Constitutional Amendment Act in 1976. This amendment added a new part, namely,
Part IVA to the Constitution. This new part consists of only one Article, that is, Article
51A whichfor the first time specified a code of ten fundamental duties of the citizens.
LIST OF FUNDAMENTAL DUTIES According to Article 51 A, it shall be the duty of
every citizen of India:
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag
andthe National Anthem;
(b) to cherish and follow the noble ideals that inspired the national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities and to
renouncepractices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of the country’s composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers
andwildlife and to have compassion for living creatures;
(h) to develop scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguardpublic property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that
thenation constantly rises to higher levels of endeavour and achievement; and
(k) to provide opportunities for education to his child or ward between the age of six
and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.
Q5. Differentiate between Fundamental Duties and Directive Principle of States Policy.

Fundamental duties:
1. They are given in only Article 51- A of 42nd Amendment Act, 1976 in Chapter IV A.
2. The Fundamental Duties are defined as the moral obligations to all citizens to help
promote a spirit of patriotism and to uphold the unity of India.
3. The Fundamental Duties have been incorporated in the constitution of India to remind
every citizen that they should not only be conscious of their rights but also of their
duties. In case of violation of fundamental duties, it is punishable under Prevention of
Insults to National Honour Act, 1971.
4. The Fundamental Duties are non- justiciable as their violation is not punishable. But
citizens are morally obligated by the Constitution to perform these duties.
5. The Fundamental duties are considered to be the moral obligations of all citizens to
help to promote the spirit of patriotism.
6. Fundamental Duties were added to the Constitution by the 42nd Amendment in 1976,
upon the recommendations of the Swaran Committee that was constituted by the
government earlier that year.

Directive Principle of States Policy:

1. Part 4 of the Constitution of India contains the Directive Principles. They are given
in articles 36-51 of Indian Constitution.
2. Directive Principles are the guidelines to be followed by the government while
framing policies. Economic and Social democracy is established with the help of
directive principles.
3. The welfare of the entire community is fostered with the help of directive principles.
Violation of directive principles is not a punishable crime unlike violation of
fundamental rights.
4. Violation of directive principles is not a punishable crime unlike violation of
fundamental rights.
5. Directive principles are not justiciable as they cannot be enforced by the courts if
there is a violation.
6. Directive Principles are directions for the government in helping it to achieve some
particular objectives.
7. Directive principles of State Policy can never be suspended under any
circumstances.
8. Directive principles of State Policy were borrowed from the Constitution of Ireland
which was also copied from the Constitution of Spain.
 Q6. Describe the Directive Principles of State Policy. Explain their
importance and procedure of implementation.

The Directive Principles of State Policy are enumerated in Part IV of the Constitution from
Articles 36 to 511. The framers of the Constitution borrowed this idea from the Irish
Constitution of 1937, which had copied it from the Spanish Constitution. Dr B R
Ambedkar described these principles as ‘novel features’ of the Indian Constitution. The
Directive Principles along with the Fundamental Rights contain the philosophy of the
Constitution and is the soul of the Constitution. Granville Austin has described the
Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution’.
IMPLEMENTATION OF DIRECTIVE PRINCIPLES

Since 1950, the successive governments at the Centre and in the states have made several
lawsand formulated various programmes for implementing the Directive Principles. These
are mentioned below:
1. The Planning Commission was established in 1950 to take up the development of
the country in a planned manner. The successive Five-Year Plans aimed at
securing socio- economic justice and reducing inequalities of income, status and
opportunities. In 2015, the Planning Commission was replaced by a new body
called NITI Aayog (National Institution for Transforming India).

2. The Minimum Wages Act (1948), the Payment of Wages Act (1936), the Payment
of Bonus Act (1965), the Contract Labour Regulation and Abolition Act (1970),
the Child Labour Prohibition and Regulation Act (1986), the Bonded Labour
System Abolition Act (1976), the Trade Unions Act (1926), the Factories Act
(1948), the Mines Act (1952), the Industrial Disputes Act (1947), the Workmen’s
Compensation Act (1923) and so on have been enacted to protect the interests of
the labour sections. In 2006, the government banned the child labour. In 2016, the
Child Labour Prohibition andRegulation Act (1986) was renamed as the Child and
Adolescent Labour Prohibition and Regulation Act, 1986.

3. The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976) have
been made to protect the interests of women workers.

4. Various measures have been taken to utilise the financial resources for promoting
the common good. These include nationalisation of life insurance (1956), the
nationalisation of fourteen leading commercial banks (1969), nationalisation of
generalinsurance (1971), abolition of Privy Purses (1971) and so on.

5. The Legal Services Authorities Act (1987) has established a nation-wide network
to provide free and competent legal aid to the poor and to organise Lok Adalat for
promoting equal justice. Lok Adalat is a statutory forum for conciliatory
settlement of legal disputes. It has been given the status of a civil court. Its awards
are enforceable, binding on the parties and final as no appeal lies before any court
against them.

6. Khadi and Village Industries Board, Khadi and Village Industries Commission,
Small-Scale Industries Board, National Small Industries Corporation, Handloom
 Board,Handicrafts Board, Coir Board, Silk Board and so on have been set up for
thedevelopment of cottage industries in rural areas.

7. The Community Development Programme (1952), Hill Area Development

Programme (1960), Drought-Prone Area Programme (1973), Minimum Needs
Programme (1974), Integrated Rural Development Programme (1978), Jawahar
Rozgar Yojana (1989), Swarnajayanti Gram Swarozgar Yojana (1999),
Sampoorna Grameena Rozgar Yojana (2001), National Rural Employment
Guarantee Programme (2006) and so on have beenlaunched for raising the standard
of living of people.

8. The Wildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980, have
been enacted to safeguard the wildlife and the forests respectively. Further, the
Water and Air Acts have provided for the establishment of the Central and State
Pollution Control Boards, which are engaged in the protection and improvement of
environment. The National Forest Policy (1988) aims at the protection,
conservation and development of forests.

9. Agriculture has been modernised by providing improved agricultural inputs, seeds,

fertilisers and irrigation facilities. Various steps have also been taken to organise
animalhusbandry on modern and scientific lines.

10. Three-tier Panchayat Raj system (at village, taluka and zila levels) has been
introduced to translate into reality Gandhiji’s dream of every village being a
republic. The 73rd Amendment Act (1992) has been enacted to provide
constitutional status and protectionto these Panchayati raj institutions.

11. Seats are reserved for SCs, STs and other weaker sections in educational
institutions, government services and representative bodies. The Untouchability
(Offences) Act, 1955, which was renamed as the Protection of Civil Rights Act in
1976 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, have beenenacted to protect the SCs and STs from social injustice and
exploitation. The 65th Constitutional Amendment Act of 1990 established the
National Commission for Scheduled Castes and Scheduled Tribes to protect the
interests of SCs and STs. The 89th Constitutional Amendment Act of 2003
bifurcated this combined commission intotwo separate bodies, namely, National
Commission for Schedule Castes and National Commission for Schedule Tribes.

12. Various national-level commissions have been established to promote and protect
the social, educational and economic interests of the weaker sections of the
society. These include the National Commission for Backward Classes (1993), the
National Commission for Minorities (1993), the National Commission for Women
(1992) and the National Commission for Protection of Child Rights (2007).

13. The Criminal Procedure Code (1973) separated the judiciary from the executive in
thepublic services of the state. Prior to this separation, the district authorities like
the collector, the sub-divisional officer, the tehsildar and so on used to exercise
judicial powers along with the traditional executive powers. After the separation,
the judicial powers were taken away from these executive authorities and vested
 in the hands of district judicial magistrates who work under the direct control of
the state high court.

14. The Ancient and Historical Monument and Archaeological Sites and Remains Act
(1951) has been enacted to protect the monuments, places and objects of national
importance.

15. Primary health centres and hospitals have been established throughout the country
to improve the public health. Also, special programmes have been launched to
eradicate widespread diseases like malaria, TB, leprosy, AIDS, cancer, filaria,
kala-azar, Guinea worm, yaws, Japanese encephalitis and so on.

16. Laws to prohibit the slaughter of cows, calves, and bullocks have been enacted in
somestates.
17. Some states have initiated the old age pension schemes for people above 65 years.

18. India has been following the policy of non-alignment and panchsheel to promote
international peace and security.
In spite of the above steps by the Central and state governments, the Directive Principles
have not been implemented fully and effectively due to several reasons like inadequate
financial resources, unfavourable socioeconomic conditions, population explosion,
strained Centre-staterelations and so on
Q1. Explain Parliamentary Form of Government in India.
The Parliamentary Form of Government originated in Britain. The constitution-makers of India
were heavily influenced by the English system; thus, they adopted a parliamentary form of
government. There are more parliamentary forms of government than presidents in the world.
In this system, the parliament is generally supreme and the executive is responsible to the
legislature. It is also known as the Cabinet form of government.
Features of the parliamentary system
 The Prime Minister along with the Council of Ministers form the executive and the
Parliament is the legislature. The PM and the ministers are elected from the members
of parliament, implying that the executive emerges out of the legislature.
 The executive is responsible to the legislature. There is a collective responsibility, that
is, each minister’s responsibility is the responsibility of the whole Council.
 There are two executives – the real executive and the titular executive. The nominal
executive is the head of state (president or monarch) while the real executive is the
Prime Minister, who is the head of government.
 A prerequisite of this form of government is that cabinet proceedings are secret and not
meant to be divulged to the public.
 The leader of this form of government is the Prime Minister. Generally, the leader of
the party that wins a majority in the lower house is appointed as the PM.
 Most parliamentary democracies follow bicameral legislature.
 The term of the cabinet is specified by the constitution, although not in a strict sense. A
minister may be fired or replaced at any time. Parliament can be dissolved in times of
national emergency. The government is no longer in power if Parliament is dissolved.
The term of the government also depends on its majority support in the lower house.
By adopting a no-confidence resolution against any minister, the Prime Minister, or the
whole cabinet, Parliament can dismiss the government. As a result, the future of the
Parliamentary government is uncertain. Elections will be held and a new government
is formed.
Q2. Classify the federal structure of Indian Constitution.
Constitutions are either unitary or federal. In the unitary government, the powers of the
government are centralised in the central government & the states are subordinate to the centre.
In the federal constitution, there is a division of power between the states & the central
government & both are independent in their own spheres.
The nature of Indian Constitution can be understood as it is:
1. Federal with unitary features
2. Unitary with federal features
3. Quasi-federal.
The federal features of the Indian Constitution can be understood in the following points:
 The most essential feature of the federal constitution is that it has a dual government
that means a dual polity consisting of the union at the centre and the states at the
periphery. Each is endowed with sovereign powers to be exercised in the field assigned
to them respectively by the Indian Constitution.
 The Union government deals with the matters of national importance like defence,
foreign affairs & so on. The state government look after the matters of the regional &
local importance like health, agriculture & so on.
 A federal constitution is almost necessary for a written constitution. The Indian
Constitution is not only a written document but also the lengthiest constitution of the
world.
 The Indian Constitution has divided the powers between the centre & the state in terms
of union list, state list & the concurrent list as mentioned in Schedule VII.
 The Indian Constitution is the supreme law of the land which means all the authorities
of the Union & the State are subject to the authority of the Indian Constitution.
 The procedure of amending the constitution regarding the federal principle is rigid. The
Indian Constitution cannot be changed unilaterally either by the centre or by the state
government. Hence, the Indian Constitution is rigid to the extent of those provisions
which are concerned with federal structure can be amended by the joint action of the
centre and the state as well.
 The Indian Constitution establishes an independent judiciary headed by the Supreme
Court for two purposes i.e.
 One, to protect the supremacy of the Constitution by exercising the power of
judicial review &
  Two, to settle disputes between the centre & the states or between the two states.
The unitary features of the Indian Constitution can be understood in the following points:
 Article 1 of the Indian Constitution says that India is the union of states which implies
two things i.e., it is not the result of an agreement among the states & the second is that
the states have no power to separate itself from the Union.
 In India, the government has the power to separate or alter the boundaries of the states
& it is laid down in Article 3 of the Indian Constitution.
 The process of a constitutional amendment is less rigid than what is found in other
federations. The bulk of the Indian Constitution can be amended by the unilateral action
of the parliament.
 The Indian Constitution has established an integrated judicial system with the Supreme
Court at the top & the state’s High courts below it.
 There is single citizenship for both the union & the states. There is no provision of
separate Constitution for the state in India, unlike the USA.

The quasi-federal feature of the Indian Constitution can be understood as it has always been a
matter of debate that whether the Indian Constitution is federal or unitary in nature.
 The Indian Constitution is both federal & unitary in nature as it is a combination of
federal & unitary features.
 In the federal set-up, there is a two-tier government with well-assigned powers & the
functions of all the parts. Prevention as well as for the betterment of the conflict of the
interest of the centre and the state is an integral part of federalism. No doubt that the
essay characteristics of a federal constitution are present in the Indian Constitution. It
is claimed that the constitution does not embody the federal principles because the
centre can in certain contingencies encroach upon the field reserved for the states. The
power of intervention given to the centre is inconsistent with the federal system as it
places the states in a subordinate position.
From all the above-mentioned points, it can be concluded that the Indian Constitution is neither
purely federal nor purely integral. It is a Harmonious mixture of both. It has contemplated the
problems which the country may face in the future if the constitution were to be purely federal
& therefore the Indian Constitution has made provisions converting it into a unitary mode on
a temporary basis until the crisis overcome.
Q3. What are types of emergencies in the Indian Constitution?
The emergency provision in the Indian Constitution is such that it enables the federal
government to acquire the power of the unitary government whenever it is required.
Whenever there is a very urgent need, emergency can be applied and used as the last option
as this will affect India’s federal feature of the entire government.
Emergency in the Indian Constitution can be differentiated as National Emergencies, State
Emergencies, and Financial Emergencies. Part XVIII of the Constitution contains the
emergency provisions in India.
 Article 352 demarcates the National Emergency: According to Article 352, the
President may declare an emergency when the region is under a state of attack,
external intrusion, or internal rebellion. Though such a declaration could only be
made in the presence of the legislative house and further supported by each chamber,
the emergency was withdrawn after a month of announcement.
 State Emergency has been included in Article 356: Article 356 marks out that the
President can declare a state emergency on receipt of briefs by the Governor of a
particular state or by the President’s observation on degrading mechanisms of the
state. Thirty-five instances of President rule have been recorded under the rule of Smt.
Indira Gandhi.
 Financial Emergencies are in Article 360: The President can declare financial
emergencies if convincing evidence of an unstable economy and credibility is
encountered. Executive and legislative factors play a central role in declaring a
financial emergency. According to Article 360, a corresponding proclamation will be
withheld during the entire emergency period. Financial emergency has never been
declared in India.
The 44th Amendment changed the picture of emergency provisions in the Indian Constitution
that restricted the executive’s unjust influence as previously done in 1975. The “internal
disturbance” is replaced by “armed rebellion.” It is also clearly stated that direct
communication between cabinets must occur to declare an emergency. Moreover, the
residents should be re-approved every six months to proceed with the emergency. Finally, the
state of emergency can be annulled by a simple majority of the Houses.
Q4. Discuss in brief the collective responsibility of the Council of Ministers.
Collective responsibility is considered as a factor that ensures that the ministers of the central
government are held as accountable for consequences of their works and charges. The Articles
75 (3) and 164 (3) are the essential articles that ensure that ministers have individual decision-
making power.
Collective responsibility has been an essential principle of the parliamentary government of
India. It means that the ministers of the council can make decisions for their own department
and can be are held responsible to the parliament in any case of consequences. Therefore,
collective guilt is also known as “Collective responsibility” and can be differentiated with
fundamental definition and clear estimation.
The definition of “Collective responsibility” can be provided with the perception or idea that
involves individuals of a group to act responsibly in order to fix the damage or harm that has
been caused by other individuals in the society or in the group. To the contrary, collective guilt
has been identified with the conception of individual behaviour that signifies the guilt within
them for the harm or damage brought by the other individuals in the group or society.
In this context, “Collective responsibility” contributes to the fundamental judgments of
responsibility that are correlated with certain other aspects of responsibilities of
Councils. “Responsibility of councils” is more or less associated with perceived entitativity,
inference of commission, percept authority and inference of omission.

Principles of “Collective Responsibility”

The principle of collective responsibility is considered the cornerstone of parliamentary form
of the government. In this aspect that two basic components to the collective responsibility
 The first one is the notion that ministers are able to conduct honest and open
conversation before reaching to the final consensus and thereby the deliberation can be
kept private
 The second one is related to the position of cabinet that can be agreed upon by all the
ministers that are required to follow as well as the vote with the government for the
position.

“Responsibility of Individual and collective responsibility”

The responsibility is provided with the convention where the individuals associated with the
government or the organisation can be held accountable for the decisions or actions taken by
that government or organisation as a whole. Therefore, “Collective responsibility” is increased
by the responsibilities of individuals in the group to measure their actions and to project that
accordingly. It has been precisely constituted in constitution and convention that “individual
and collective responsibility” is to measure the authority and duty for the actions of other
people in the group by ignoring and tolerating them even in case the individuals are not actively
collaborating in the actions. “Collective responsibility”, followed by the “individual and
collective responsibility” has-been addressed in the constitutional convention that has been
considered as the cornerstone of cabinet government ever since the 18th century.

Benefits of Collective Responsibilities

 It avoids the contradictions between the Council of Ministers and cabinet.
 It provides benefits to the political loyalty and the party of the Prime Minister.
 It helps to make the policy decision as well as the passing legislation.
 Its responsibility is a consensus building machine among Ministers.

Drawbacks of Collective Responsibilities

 The collective responsibility curbs the inner part of democracy where the cabinet
ministers have to openly agree with the decision of the prime minister.
 The initiatives of the individual ministers are curved giving away to the initiative of the
party.
 On the other hand, any urgent attention can be delayed due to the issues of collective
responsibility which is the biggest drawback of collective responsibility.

Conclusion
The following discussion has been addressed by signifying the contribution of Collective
responsibility. In order to do so, Collective responsibility has been defined with its specific
aspects in terms of the responsibility of individuals and that of the Council. In this context,
“individual and collective responsibility” has emerged with the role of individuals in order to
act and conduct an entire organisation in terms of defining and objectifying the actions and
activities imposed by the members of the organisation. In addition to that, the “Responsibility
of councils” has been signified as well with their responsibilities in terms of the judgement and
decision interpreting the further accommodation of Lok Sabha.
Q5. Bhimrao Ambedkar: “Men are mortal. So are ideas. An idea needs
propagation as much as a plant needs watering. Otherwise, both will wither
and die.” Discuss three of the most important ideas that India needs to
nurture at the present time.
Bhimrao Ambedkar, the principal architect of the Indian Constitution, emphasized the
importance of nurturing ideas to ensure their longevity. In the present time, there are several
significant ideas from the Constitution of India that need to be nurtured to uphold its principles
and values. Here are three crucial ideas that require attention:

1. Social Justice and Equality: Social justice and equality are fundamental principles
enshrined in the Indian Constitution. India, being a diverse nation with various social,
economic, and cultural disparities, needs to nurture these ideas to ensure a more
equitable society. This involves addressing caste-based discrimination, gender
inequality, religious intolerance, and economic disparities. Promoting equal
opportunities, affirmative action, and empowering marginalized communities are vital
steps to nurture social justice and equality. Additionally, initiatives such as access to
education, healthcare, and legal aid for all sections of society can contribute to building
a more inclusive India.

2. Secularism and Religious Pluralism: Secularism is a core principle of the Indian

Constitution, ensuring equal respect for all religions and the separation of religion and
state. To nurture this idea, India must strive to maintain religious harmony and protect
the rights and freedoms of individuals from all religious backgrounds. Encouraging
interfaith dialogue, promoting religious tolerance, and addressing communal tensions
are crucial steps towards preserving secularism and religious pluralism. Upholding the
principle of equal citizenship and resisting divisive forces that seek to exploit religious
differences is essential for nurturing these ideas.

3. Democratic Governance and Civic Participation: The Indian Constitution upholds

democratic principles, emphasizing the importance of citizen participation,
accountability, and transparency in governance. To nurture this idea, India needs to
strengthen democratic institutions, promote political literacy, and encourage active
citizen engagement. Citizens must have the right to voice their opinions, express
 dissent, and hold their elected representatives accountable. Encouraging transparency
in government functioning, promoting electoral reforms, and safeguarding freedom of
speech and expression are vital for nurturing democratic governance in India.

Nurturing these ideas from the Indian Constitution requires collective efforts from the
government, civil society, and citizens. It demands continuous dialogue, education, and
awareness to build a society that upholds social justice, equality, secularism, and democratic
values. By actively propagating and practicing these ideas, India can ensure their endurance
and contribute to a more inclusive, just, and democratic nation.
Q6. Explain Scope of the Right to Life and Personal Liberty under Article
21.
Article 21 of Constitution of India: Protection of Life and Personal Liberty
Article 21 states that “No person shall be deprived of his life or personal liberty except
according to a procedure established by law.” Thus, article 21 secures two rights:
1. Right to life, and
2. Right to personal liberty.
The Government of India Act, 1935 provided for the establishment of Article 21 of the Indian
Constitution. It declares that no person shall be deprived of his life or personal liberty except
according to the procedure established by law. Article 21 comes under the Part III of the Indian
constitution and is one of the fundamental rights guaranteed to all citizens of India. In this
article, we will discuss various rights and liberties that are a part of Article 21.

Article 21 of Indian constitution

 Article 21 is a fundamental right and is included in Part-III of Indian Constitution.
 This right is available to all citizens as well as non-citizens alike.
 Supreme Court has described this right as the “heart of fundamental rights”
 According to Justice Bhagwati, Article 21 “embodies a constitutional value of supreme
importance in a democratic society.”
 Article 21 secures two rights: The right to life and the Right to personal liberty.
 Article 21 cannot be suspended during an emergency.

Meaning and Scope of Article 21 of Indian Constitution

The right to life in Article 21 of Indian constitution does not mean animal existence or the mere
act of breathing. It guarantees the right to a dignified life. Some of the rights that are currently
included in the ambit of Article 21 includes (mentioned in Menaka Case):
 Right to live with human dignity.
 Right to the decent environment including pollution-free water and air and protection
 against hazardous industries.
 Right to livelihood.
 Right to privacy.
 Right to shelter.
 Right to health.
 Right to free education up to 14 years of age.
 Right to free legal aid.
 Right against solitary confinement.
 Right to a speedy trial.
 Right against handcuffing
 Right against inhuman treatment.
 Right against delayed execution.
 Right to travel abroad.
 Right against bonded labour.
 Right against custodial harassment.
 Right to emergency medical aid.
 Right to timely medical treatment in a government hospital.
 Right not to be driven out of a state.
 Right to a fair trial.
 Right of prisoner to have necessities of life.
 Right of women to be treated with decency and dignity
 Right against public hanging.
 Right to hearing.
 Right to information.
 Right to reputation.
 Right of appeal from a judgment of conviction
 Right to social security and protection of the family
 Right to social and economic justice and empowerment
 Right against bar fetters
 Right to appropriate life insurance policy
 Right to sleep
 Right to freedom from noise pollution
 Right to electricity
Q7. “The Directive Principles of State Policy constitute a comprehensive
political, social and economic program for a modern democratic welfare
State.” Examine.
The Directive Principles of State Policy (DPSPs) in the Indian Constitution indeed constitute
a comprehensive political, social, and economic program for a modern democratic welfare
state. While the DPSPs are not enforceable by the courts, they provide guidelines and principles
for the government to follow while formulating policies and making laws. Let's examine how
the DPSPs encompass a holistic program for a modern democratic welfare state:

1. Social Justice and Welfare: The DPSPs emphasize the need for social justice and
welfare by addressing various social and economic inequalities prevalent in society.
They highlight the importance of providing equal opportunities, securing a decent
standard of living, promoting the welfare of marginalized and vulnerable sections of
society, and eliminating social discrimination. These principles call for measures such
as free and compulsory education, protection of workers' rights, promotion of cottage
industries, eradication of untouchability, and equal justice for all.

2. Economic Development: The DPSPs lay down the foundations for economic
development in a welfare state. They advocate for a mixed economy, which combines
elements of both the public and private sectors to achieve balanced economic growth.
The principles stress the importance of equitable distribution of resources, minimizing
economic disparities, and ensuring the welfare of workers. They call for policies that
promote the right to work, living wages, the protection of agrarian interests, the
prevention of concentration of wealth, and the provision of a just and humane economic
system.

3. Governance and Public Institutions: The DPSPs provide guidance for good governance
and the establishment of robust public institutions. They emphasize the need for an
efficient and accountable administration, impartial and independent judiciary, and
decentralized local self-government. The principles promote transparency, participatory
decision-making, and the protection of the cultural and educational rights of citizens.
They also advocate for environmental protection, conservation of heritage, and the
promotion of scientific temper.
By encompassing these aspects, the DPSPs aim to create a modern democratic welfare state
that prioritizes the well-being of its citizens, reduces inequalities, and ensures a just and
inclusive society. While these principles are not legally enforceable, they serve as a moral and
political compass for policymakers and provide a framework for the government to shape
policies in line with the ideals of a welfare state.

However, it is important to note that the effective implementation of the DPSPs depends on
various factors, including political will, resource availability, and social realities. Despite their
non-justiciable nature, the DPSPs have influenced policymaking and have been referenced by
courts while interpreting fundamental rights. Over the years, several laws and policies have
been enacted based on the principles outlined in the DPSPs, contributing to the evolution of
India as a democratic welfare state.