constitutional rights in india essay

• Search Menu
• Sign in through your institution
• Advance articles
• Author Guidelines
• Submission Site
• Open Access
• About International Journal of Constitutional Law
• Editorial Board
• Advertising and Corporate Services
• Journals Career Network
• Self-Archiving Policy
• Dispatch Dates
• Journals on Oxford Academic
• Books on Oxford Academic

Article Contents

1.introduction, 2.the constitution and historical imagination, 3.time: founding moments, serialized epics, and everyday postscripts, 4.liberalism with indian characteristics: individuals and communities, 5.conclusion: freedom, discipline, and the paths not taken.

• < Previous

The Indian Constitution: Moments, epics and everyday lives

• Article contents
• Figures & tables
• Supplementary Data

Rohit De, The Indian Constitution: Moments, epics and everyday lives, International Journal of Constitutional Law , Volume 18, Issue 3, October 2020, Pages 1022–1030, https://doi.org/10.1093/icon/moaa077

• Permissions Icon Permissions

I submit that a Constituent Assembly not only frames a constitution, but also gives people a new framework of life. Dakshayani Velayudhan, Dec. 9, 1946, in 1 Constituent Assembly of India Debates

January 26, 2020 marked the seventieth anniversary of the Indian Constitution. Official celebrations focused on memorializing the “fundamental duties” of the citizen in the constitution that range from “respecting public property and adjuring violence” to “respecting the national flag and national anthem.” In striking contrast, hundreds of thousands of Indian citizens gathered in the streets protesting the changes to the citizenship law by affirming constitutional values of equality, liberty, fraternity, and justice through public recitations of the preamble. 1 The current government-led crisis of the Indian constitutional system has been described as “death of the constitution by a thousand cuts” 2 and is being met with an exceptional resilience of constitutional patriotism from ordinary citizens. Perhaps for the first time since its promulgation, the Constitution is being reflected in popular culture and celebrated in film, song, and poetry. 3

Taking stock on the sixtieth anniversary of the Indian Constitution, political scientist Pratap Bhanu Mehta noted that constitutions, “not only allocate authority, define the limits of power or enunciate values, they also constitute our sense of history and shape a sense of self,” but despite the centrality of the Constitution to Indian social and political life, it remained “ill served by our historical imagination.” 4 In contrast, the last decade has witnessed an efflorescence of historically inflected writing, both scholarly and popular, on the Indian constitution. 5 Madhav Khosla, Ornit Shani, and myself recognize, in our respective work, that the promulgation of the Indian Constitution was a transformative moment for democracy in India, and is a resource for theorizing democracy more generally. As all three authors emphasize, this shared assumption marks a break from Indian scholarship, which saw the Constitution as a “superstructure” or as incidental to Indian politics; it is also a break from Western political theory which viewed the constitution as derivative and the Indian democratic experience at best as an anomaly. For Khosla, the Indian constitution is the “paradigmatic democratic experience in the 20th century, in much the same way in which Tocqueville’s America was for the 19th century.” 6 Ornit Shani notes that the Indian experience of universal adult franchise, irrespective of qualifications, predated not just the postcolonial world, but also the United States and France. I point out that the imbrication of constitution into daily life and the judicialization of politics have a considerably longer history in India than in most of the world. 7 Liberalism, democracy, industrialization, and social equality might have emerged sequentially in the west, but the Indian republic sought to achieve all goals simultaneously.

While differing in their emphasis on the process of change, the three books complement each other. Khosla excavates a shared constitutional vision at the moment of founding that makes visible the political apparatus of democratization, i.e. the codification and explication of rules as a pedagogical project, the emergence of a centralized overarching state, and focusing on the individual as the unit of representation. Shani argues that it was “practical rather than ideological steps,” through the bureaucratic task of implementing universal franchise, that “transformed the meaning of social existence in India” and laid the groundwork of electoral politics. 8 My work documents the use of constitutional remedies in courts and the emergence of constitutional rhetoric on the streets by ordinary people, arguing that the constitutional order was not a gift by enlightened politicians or benevolent judges but was produced and reproduced in everyday encounters by ordinary citizens. 9 Despite the text of the Indian Constitution reproducing several features of colonial legislation, and the institutions of the police, army, bureaucracy, and judiciary continuing with the same personnel and practices, all three authors rebut the idea that the Indian Constitution is an inevitable outgrowth of the colonial legal and bureaucratic frameworks. 10 Khosla distinguishes constitutional codification from colonial projects of codification, arguing that rights were marginal to the nationalist movement and colonial debates over representation were focused on group/communal identities. 11 Shani demonstrates how colonial bureaucrats, when tasked with expanding franchise even minimally, showed reluctance to enfranchise voters, shunned publicity, and found a range of administrative objections to expanding the voter’s list. In contrast, from 1948 onwards, in anticipation of changing legal authorities, the bureaucrats devised new precedents, overcame procedural hurdles, and actively publicized the process of turning citizens into voters. 12 I show how the judicial constitutional remedies in the new constitution gave Indian courts wide powers of judicial review and empowered citizens with the tactics and language to challenge a previously unimaginable range of governmental action both in the courts and on the streets. All three authors forcefully rebut the challenge to demographic non-representativeness (the unelected and largely upper caste Assembly members, the colonial bureaucracy, civil society groups, and litigants) by showing how the processes of constitution writing, electoral registration, and constitutional litigation opened up fields of action for the larger population by rewiring vocabularies, political imaginations, and expectations.

Along with these shared and complementary visions, these three books represent a heterogeneity of methods, archives and causality and offer different (and occasionally contradictory) answers to the nature of India’s constitutional experiment.

Between December 1946 and November 1949, over 300 members of the Indian Constituent Assembly met and deliberated over a constitutional draft in Delhi. For Khosla, this is a distinct moment of founding when “India’s political elite converged on a set of liberal constitutional values without the inheritance of any major liberal traditions.” 13 Khosla rejects not only arguments of colonial continuity, but also claims that these were products of a self-interested compromise over a transfer of power or that they were rooted in a long history of Indian liberal (and radical) thought. 14 While these claims can be contested, Khosla’s maneuver separates a future-oriented “constitutional moment” from everyday politics, allowing for a focus on the ideas themselves without reducing it to contingent maneuvering of interest groups. For instance, he shows how Nehru and Ambedkar, despite differing on their understanding of social and economic needs, came together in adopting a centralized state as the instrument of power for social and economic transformation and freedom, despite two decades of debates over provincial autonomy and village government. 15 One of the strengths of Khosla’s work is his deftness in placing the Indian debates on franchise, representation, and citizenship within the canon of political theory. Khosla’s narrative stops with the promulgation of the constitutional text by the Constituent Assembly, but he notes that the framework did not “exhaust its democratic character and carry the full weight of legitimation.” 16 The provision of universal adult suffrage and ease of constitutional amendment through constitutionally prescribed forms allowed for a democratic sovereignty in the future. Khosla suggests that the ease of amending the Indian Constitution through future parliaments was in recognition of the unelected nature of the Assembly and the absence of a process of ratification. 17 However, the first amendments to the Indian Constitution, circumscribing the rights to free speech and property and nullifying judicial verdicts, were made by the unelected Constituent Assembly in 1951. 18 According to Khosla, at the birth of the Indian republic, people were yet to transition from subjecthood to citizenship, but would do so through a democratic constitution. 19

In contrast, Ornit Shani argues that Indians became voters, and democratic subjects, before they became citizens. Shani focuses on the making of the Indian electorate through the preparation of the first draft electoral roll in anticipation of the Indian constitution. Moving away from the “ivory tower” of the Constituent Assembly, Shani shows how the “institution of electoral democracy,” which preceded the constitutional deliberations by politicians, was the product of a dialog between professional bureaucrats and ordinary people. She argues that it was the institutionalization of procedural equality in a deeply hierarchical society ahead of the constitution that made India’s democracy legible and legitimate to its people. 20 Shani’s archive is the little studied Secretariat of the Constituent Assembly, which was tasked with preparing an electoral roll for the new republic and bureaucratized the idea of equality for the purpose of voting.

As the deliberations began in the Constituent Assembly in 1946, both the territory of the future republic and the people who would constitute it remained undefined. The decision to partition British India into two states led to the greatest human displacement in history, resulting in the migration of 15 million people and millions of deaths. A patchwork of semi-autonomous princely states made up a third of the territory in South Asia, and their sovereigns continued to negotiate the status of their territories and subjects within the Indian union even after the promulgation of the Constitution. 21 The shifting populations and boundaries complicated the process of creating a list of voters and generated struggles for citizenship that were informed by the constitution being drafted and led to changes in the draft provisions. Shani reads the press notes issued by the Secretariat, the ensuing discussions in press, and the letters from the public as a “serialized epic of democracy” which allowed ordinary people to insert themselves as protagonists and “contribut[e] to the democratization of feelings and imagination.” 22 Similarly, administrative debates about funding and preparing a national electoral roll welded together 600 jurisdictions into a democratic federal structure and forged a common idea of Indianness. Most strikingly, Shani charts the transformation of a colonial bureaucratic imagination into one with an unprecedented “measure and tenacity of inclusion,” with state officials registering refugees in camps, homeless people, women in seclusion, and people living in remote areas. Through this new inclusive process they transform and democratize forms and procedures of democratic participation. The production of an electoral roll of 170 million people supported the notion that sovereignty resided in people with actual names and addresses (even though it might record that so-and-so slept under a tree), rather than being a faceless entity. Shani’s key intervention is to show that ordinary people did not react to the constitution-making process, but that constitution-making and everyday struggles were co-constitutive processes. For instance, she shows how the provisions on a centralized electoral commission and the principle of non-discrimination over place of birth emerged through struggles of internal migrants trying to get themselves into the electoral roll before the constitution was completed.

While Khosla’s narrative ends with the promulgation of the Constitution, and Shani’s runs parallel to the process of constitutional drafting, mine seeks to show how the Constitution after its promulgation “came so alive in popular imagination that ordinary people attributed meaning to its existence, took recourse through it and argued with it.” 23 What happens after the overarching centralized state with ambitions to restructure society and economy through codified rules, as Khosla describes, begins to intervene in everyday life? How do people who are not included in the electoral rolls or, more commonly, unable to protect their interests electorally, protect themselves? I argue that, almost as soon as it is promulgated, the Indian Constitution begins to operate as an organizational assumption for citizens and a background threat to the state through processes driven by some of its most marginal citizens. 24 I show this by looking at the use of the new constitutional remedies against attempts to transform the daily life of citizens, be it food practices, drinking habits, shopping, or sexual behavior. 25 While the book draws on judicial records, the central figure is not the judge but the litigant, who was able to insert themselves into an elite conversation and compel the state to respond. In contrast to the “serialized press notes” discussed by Shani, the site of encounter was not chosen by the state, and bureaucrats and politicians (including the constitution founders) are surprised and exasperated when being asked to abide by constitutional procedure. This point was acutely made when Durgabai Deshmukh, a liberal lawyer and constitutional drafter, faced with sex workers asserting their right to practice their profession, demanded that the constitution be amended to exclude them and that “notions of freedom undergo a change.” 26 It is clear that neither judges nor politicians exercise a monopoly on constitutional meaning, as ordinary Indians persist in their claims even after a judicial negation, or in anticipation of constitutional change. Like Shani, I draw inspiration from Robert Cover in recognizing that constitutions exist in a normative universe constructed by the “force of interpretive commitments, some small and private, others immense and public” and seek to bring the smaller actors to light. 27 Despite the centrality of the judicial archive, it was clear that judges did not control the final meaning of the constitution, as groups held onto constitutional interpretations and advanced claims counter to judicial visions.

In one of his final speeches to the Constituent Assembly, Dr Ambedkar worried that “democracy in India was only top dressing on a deeply undemocratic society.” 28 Not only was Ambedkar intimately familiar with the exclusions and violence of a caste society, he had also led two decades of negotiations with both the British and the Congress Party to create a more inclusive playing field but to little avail. How did the constitutional order provide a way for a more democratic society? Khosla gives the clearest answer to this question by suggesting the constitution centered on the individual in exclusion of other identities as the unit of representation, as demonstrated by dropping communal electorates based on religion. He suggests that even the constitutionally mandated special provisions made available to Dalit and tribal communities are framed on the “social and educational backwardness of a group,” which might have applied to certain castes at the time of independence, but were not innate to the group’s conditions. 29 His approach highlights the limitations of reading the Constitution as a document of shared consensus. The Constitution drafters, particularly women and Dalit members, were acutely aware of deep-seated inequalities in society and sought to harness state instruments to transform it. Central to this was an awareness that formal equality was not only insufficient but also dangerous, in that it could be used to hamper the state’s efforts to ameliorate social conditions. 30

The withdrawal of demands for communal representation and the disaggregation of caste and religious minorities are more a product of political machinations in the assembly than a commitment to liberalism. 31 There were only two Muslim members in the Assembly until June of 1947, when the Muslim League members took their seats. As several scholars have shown, the members of the League were outnumbered, had their loyalties and credibility attacked, and were outmaneuvered in committee meetings. 32 Aditya Nigam suggests that reading the constituent assembly debates as an event rather than a text makes visible how within the assembly the “liberal abstract notion of unmarked citizenship” was deployed in a desire for homogeneity rather than democracy and often silenced the articulation of a community-based grievance. 33

Shani’s work also focuses on the production of an unmarked procedurally equal citizenship, but her archive foregrounds the close relationship between community identity and the paradigmatic form of individual representation. The process of bureaucratic enumeration comes dazzlingly alive through the letters and public engagement that the constituent assembly are flooded with. While some are from individuals, a majority seem to come from a range of identity-based associations (a hybrid between traditional caste organizations and modern civil society groups) and, in expanding their liberal unmarked right to franchise, they make claims that are based on group identities. Take, for instance, the Assam Citizen’s Association Dhubri, which attempted to secure the voting rights of refugees, but lobbied to remove the constitutional restrictions preventing them from buying tribal land and pushed for state aid to support minority-run educational institutions. 34 The mobilization for individual representation was facilitated by community organizations. As Shani points out, some communities were unable to represent themselves, and tribal areas in Northeast and Central India, the Andamans, and the state of Jammu and Kashmir were not given the direct franchise. 35

Group identities entered my book in unexpected ways. As I tabulated challenges to particular laws, I noticed a clustering of petitions by individuals belonging to the same community, even in cases that were seemingly unconnected to ascriptive identities, such as commodity controls. It soon became apparent that in caste society, ascriptive identities and economic structures were closely linked, and the ability to litigate was greatest for those with access to informational networks or resources through community organizations. In many instances, what appeared to be claims for individual rights such as the right to drink, on closer examination seemed to be have been funded or organized by a community whose economic interests had been affected. As the archive made clear, not all communities in the 1950s had equal access to litigation, with landless laborers and Dalits , who made up a substantial portion of the population, being underrepresented. However, the acts of litigious citizens opened up pathways of rights for others less able to litigate and caused state officials to anticipate challenges and take constitutional norms as “organizational assumptions” to be followed or evaded. 36 Liberal theory treats liberty, property, and community as separate concepts, but in the Indian case they seem to be inextricably linked to constitutional design.

Despite these limitations and differences, all three authors agree that the Indian constitutional experiment was unprecedented for the time and in terms of its success. The two contemporaneous constituent assemblies in Pakistan and Israel were unable to agree upon a constitutional document, and neither has had the same degree of longevity or popular support. The longevity of the Indian Constituent Assembly is tied both to promise of the constitution and its framework of disciplining politics. For instance, attempts to challenge either the codification of rules or the overarching centralizing state were defended with a range of instruments within the constitution, from the provision of emergency to preventive detention laws. 37 While elections and electoral participation were celebrated, state elites were invested in using elections to discipline politics, curbing other forms of civic protest, and to thwart political engagement that had developed during the national movement. 38 Judicial victories were rare, narrow, and often reversed; moreover, the litigator was frequently castigated as a representative of a “private interest” against “national interest,” and the most effective strategies were where the litigant could, to paraphrase Hannah Arendt, frame their private interest as a general one. 39 As John Dunne notes, the globalization of representative democracy rooted in a bureaucratic statist structure erases more radical alternatives. 40

Given that the triad of features that our books identify and theorize faces increasing challenges in India, one direction for the emerging scholarship on the Indian Constitution is to explore the paths not taken. Kalyani Ramnath, for instance, suggests that the range of disparate opinions within the Constituent Assembly presents an opportunity to examine the different ways in which the constitutional text and polity could have been structured. 41 Khosla engages at some length with the Gandhian genealogy of thinking state power, but there remain other alternatives, including the federal proposals from the Dravidian parties and the princely states, Ambedkar’s radical economic plans including land nationalization, or the more robust imagination of fundamental rights in the Karachi Charter of 1932. Upendra Baxi describes constitutionalism in a threefold way: (i) as a corpus of texts signaling the original intention to fashion a new political formation that seeks to write society through law; (ii) as a set of ongoing interpretive practices within an authoritative community (be it bureaucrats, lawyers, or judges); and (iii) as a site for articulating insurgent orders of expectations from the state. 42 As we look towards the next decade of scholarship on the Indian Constitution, one hopes to see the recovery of more voices, imaginations, archives, and strategies covering the breadth of Baxi’s definitions of constitutionalism.

Rohit De & Surabhi Ranganathan, We are Witnessing the Rediscovery of India’s Republic , N.Y. Times (Dec. 27, 2019), https://nyti.ms/3iAyfeo .

Tarunabh Khaitan, Killing a Constitution by a Thousand Cuts: Executive Aggrandizement and Party-State Fusion in India , 14 Law & Ethics Hum. Rts . 49 (2020).

Suanshu Khurana, Ekkta Malik & Tanushree Ghosh, Poets, Singers and Writers on what the Constitution Means to Them in Letter and Spirit , Indian Express (Jan. 6, 2020), https://bit.ly/3c0qWKB; Article 15 ( Zee Studios, 2018).

Pratap Bhanu Mehta, What is Constitutional Morality? , 615 Seminar India ( Nov. 2010), https://bit.ly/3hyADkL .

This selection of monographs reflects both an interest in constitutional founding as well as constitutional narration for both legal and lay publics. On the constituent assembly and the moment of founding, see Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts (2019) ; Arvind Elangovan, Norms and Politics: Sir Benegal Narsimha Rau and the Making of the Indian Constitution (1935–1950) (2019); The Indian Constituent Assembly: Deliberations on Democracy ( Udit Bhatia ed., 2017); Akash Singh Rathore, Ambedkar’s Preamble: A Secret History of the Constitution of India (2020); Sandipto Dasgupta, Legalizing the Revolution: Decolonization and Constitutionalism in the 20th Century (2020); Niraja Gopal Jayal, Citizenship and Its Discontents: An Indian History (2013) . On narrating constitutional jurisprudence, see Chitranshul Sinha, The Great Repression: The Story of Sedition in India (2019); Abhinav Chandrachud, A Republic of Rhetoric: Free Speech and the Constitution of India (2017); Anuj Bhuwania, Courting the People: Public Interest Litigation in Post-Emergency India (2017); Gautam Bhatia, Offend, Shock and Disturb: Free Speech under the Indian Constitution (2016); Pooja Parmar, Indigenity and Legal Pluralism in India: Claims, Histories and Meanings (2015), Kalpana Kannibiran, Tools of Justice: Non Discrimination and the Indian Constitution (2012). For an analytical overview, see Arun Kumar Thiruvengadam, The Indian Constitution: A Contextual Analysis (2018).

Madhav Khosla , India’s Founding Moment: The Constitution of a Most Surprising Democracy 6 (2020).

Rohit De, A People’s Constitution: The Everyday Life of the Law in the Indian Republic 4 (2018).

Ornit Shani, How India Became Democratic? Citizenship and the Making of the Universal Franchise 5 (2019).

De , supra note 7, at 3.

On the colonial constitutionalism argument, see Rannabir Sammadar, The Materiality of Politics: The Technologies of Rule (vol. 1) (2007); Sumit Sarkar, Indian Democracy: The Historical Inheritance , in The Success of India’s Democracy 21 (Atul Kohli ed ., 2001); Anil Kalhan, Constitution and “Extraconstitution , ” in Colonial Emergency Regimes in Postcolonial India and Pakistan 89–120 (Victor Ramraj & Arun K. Thiruvengadam eds., 2010).

Khosla , supra note 6. On the way the postcolonial legal order has attempted to integrate its colonial past, see Rahela Khorakiwala, From the Colonial to the Contemporary: Images, Iconography and Performances of Law in India’s High Courts (2019); Rohit De, Between Midnight and Republic: Theory and Practice of India’s Dominion Status , 17 Int’l J. Const. L. 1213 (2019).

Shani , supra note 8, at 32–51.

Khosla , supra note 6, at 18. Moving away from quantitative and game theory models for constitutional success, Khosla’s book is part of an emerging field of interest in Asian constitutional foundations. See Constitutional Foundings in South Asia (Kevin Yl Tan & Ridwan Ul Hoque eds., 2021); The Sri Lankan Republic at 40: Reflections on Constitutional History, Theory and Practice (Asanga Welikala ed., 2012); Maryam Khan, What’s in a Founding? Founding Moments and Pakistan’s “Permanent Constitution” of 1973 , in Founding Moments in Constitutionalism 201–21 (Richard Albert, Nischal Basnyet & Menaka Guruswamy eds., 2020); Constitution-Making in Asia: Decolonisation and State-Building in the Aftermath of the British Empire (Harshan Kumarasingham ed., 2016).

For an example of the compromise model of constitution making in British colonies, see Charles Parkinson, Bill of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain’s Overseas Territories (2007). For arguments identifying antecedents of the Indian Constitution in Indian intellectual history, see Christopher Bayly, Recovering Liberties: Indian Thought in the Age of Liberalism and Empire (2011); Sukanya Bannerjee, Becoming Imperial Citizens: Indians in the Late Victorian Empire (2013) ; Elangovan, supra note 5; Jayal, supra note 5; Mithi Mukherjee, India in the Shadows of Empire: A Legal and Political History (1757–1950) (2009) . For an overview of radical or socialist antecedents to the Indian Constitution, see Rohit De, Constitutional Antecedents , in The Oxford Handbook to the Indian Constitution 17 ( Sujit Choudhary, Madhav Khosla, and Pratap Bhanu Mehta eds., 2015); Kama Maclean, The Fundamental Rights Resolution Nationalism, Internationalism, and Cosmopolitanism in an Interwar Moment , 37 Comp. Stud. S. Asia, Afr. & Middle E. 213 (2017). For a scalar lineage, see Stephen Legg, Dyarchy: Democracy, Autocracy, and the Scalar Sovereignty of Interwar India , 36 Comp. Stud. S. Asia, Afr. & Middle E. 44 (2016).

This builds on Uday Mehta’s argument that the Indian constitution, distinct from the American or French traditions, transforms power from “a traditional concern with establishing the conditions for freedom to a concern with sustaining life and its necessities”: see Uday S. Mehta, The Social Question and the Absolutism of Politics , 615 Seminar India ( Nov. 2010), https://bit.ly/2Rrq8oP . The Partition casts a shadow over these politics, with concerns of “fissiparous tendencies,” bringing those who would have preferred a more decentralized polity towards a consensus over a centralizing transformative state.

Khosla , supra note 6, at 156.

Khosla sets this up in contrast to the difficulty of constitutional amendments in the United States, which were promulgated after a widespread ratification process. See id . at 158.

Nivedita Menon, Citizenship and the Passive Revolution: Interpreting the First Amendment , Econ. & Pol. Weekly 1812 (2004); Arudra Burra, Freedom of Speech in the Early Constitution: A Study of the Constitution (First Amendment) Bill , in The Indian Constituent Assembly: Deliberations on Democracy , supra note 5, at 130.

Khosla , supra note 6, at 158.

Shani , supra note 8, at 5.

There were ninety-three seats reserved for representatives of princely states within the Assembly, though there was a lively debate about whether these members should be nominated by the prince or selected through popular representation. Several representatives took their seats well after the draft of the Constitution was finalized. The largest state, Hyderabad, was unrepresented in the Constituent Assembly, as it did not accede to India until after 1950. The princely states were also sites of experimentation for constitutional forms since the late nineteenth century: constitutionally mandated affirmative action was first introduced in Mysore in the early twentieth century; Aundh experimented with Gandhian decentralized government; and Manipur offered universal franchise and a stronger bill of rights. Given the possibility of joining an Indian union since the 1930s, the princely states had been debating various forms of federalism. The state of Jammu and Kashmir was the only state in the Indian union which was permitted to have its own constituent assembly and flag. On princely states, see Barbara Ramusack, The Indian Princes and Their States (2004); Manu Bhagavan, Princely States and the Making of Modern India: Internationalism, Constitutionalism and the Postcolonial Moment , 46 Indian Econ. & Soc. History Rev. 427 (2009). On Mysore and Baroda, see Manu Bhagavan, Soveriegn Spheres: Princes, Education and Empire in Colonial India (2003). On constitutional experiments in Baroda, see Rahul Sagar, How and Why the First Constitution in Modern India was Written , Scroll ( Jan. 19, 2020), https://bit.ly/3c7LAIY . On the Travancore Constitution, see Sarath Pillai, Fragmenting the Nation: Divisible Sovereignty and Travancore’s Quest for Federal Independence , 34 Law & History Rev. 743 (2016). On Hyderabad, see Kavita Saraswathi Datla, Sovereignty and the End of Empire: The Transition to Independence in Colonial Hyderabad , 3 Ab Imperio 63 (2018). On Manipur, see S. K. Bannerjee, Manipur State Constitution Act, 1947 , 19 Indian J. Pol. Sci. 35 (1958). On Aundh, see Indira Rothermund , The Aundh Experiment: A Gandhian Grass-roots Democracy (1983).

De,   supra note 7, at 9.

Id. at 218.

I took a conscious decision to not look at more obviously political cases in this book. I discuss them in Rohit De, Rebellion, Dacoity, and Equality: The Emergence of the Constitutional Field in Postcolonial India , 34 Comp. Stud. S. Asia, Afr. & Middle E. 260 (2014). See also Rohit De, How to Write Constitutional Histories: The Constitution of Everyday Life , Asian J. Comp. L. ( forthcoming 2020).

Letter from Durgabai Deshmukh, Member, Planning Commission and Chairperson Central Social Welfare Board, to Jawaharlal Nehru, Prime Minister of India (Sept. 7, 1954) (on file with the Nehru Memorial Museum and Library).

Robert M. Cover, Foreword: Nomos and Narrative , 97 Harv. L. Rev . 4 (1983).

B. R. Ambedkar, Nov. 4, 1948, in 7 Constituent Assembly of India Debates , https://bit.ly/33EZ4co (last visited Oct. 1, 2020).

Khosla , supra note 6, at 150.

Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts,   supra note 5 ; Kalpana Kannabiran, Tools of Justice: Non-Discrimination and the Indian Constitution (2012). Significantly, India Const . art. 15 not only provides a nondiscrimination clause and protects special measures for women, children, and classes with certain social and educational markers, but also specifically casts a horizontal responsibility of non-discrimination upon fellow citizens by throwing open schools, wells, shops, temples, and private establishments that had been sites of caste exclusion. The Constitution also provided for the rights of linguistic and religious minorities, while specifically granting freedom to groups that had been unfree, by abolishing untouchability, human trafficking, and forced labor.

On the changing idea of minorities, see Anupama Rao , The Caste Question: Dalits and the Politics of Modern India (2009); Faisal Devji, Muslim Zion: Pakistan as a Political Idea (2013). O n politics within the assembly, see Upendra Baxi, The Little Done, The Vast Undone: Some Reflections on Reading Granville Austin’s The Indian Constitution , 9 J. Indian L. Inst. 323 (1967).

Iqbal Ansari, The Politics of Constitution Making in India , in Minority Identities and the Nation State 113 (D. L. Sheth & Gurpreet Mahajan eds., 1999); Shefal Jhai, Rights Versus Representation: Defending Minority Interests in the Constituent Assembly , Econ. & Pol. Weekly 1579 (2003); Shefali Jha, Representation and its Epiphanies: A Reading of Constituent Assembly Debates , Econ. & Pol. Weekly 4357 (2004); Rochana Bajpai, The Conceptual Vocabularies of Secularism and Minority Rights in India , 7 J. Pol. Ideologies 179 (2002); Shabnum Tejani, The Necessary Conditions for Democracy: BR Ambedkar on Nationalism, Minorities and Pakistan , Econ. & Pol. Weekly 111 (2013).

Aditya Nigam, A Text Without Author: Locating Constituent Assembly as Event , Econ. & Pol. Weekly 2107 (2004).

Shani , supra note 8, at 176.

As Shani has shown elsewhere, Indian Muslims faced a more difficult time establishing citizenship and documents. See Ornit Shani, Conceptions of Citizenship in India and the “Muslim Question , ” 44 Mod. Asian Stud. 145 (2010). On the documentary burdens on Indian Muslims of partition, see Vazira Zamindar, The Long Partition: Refugees, Boundaries, Citizenship (2007).

For an illustration on how litigation by petty bureaucrats opened up possibilities for other groups, see Rohit De, A Republic of Petty Bureaucrats: Upendra Baxi and the Pathologies of Civil Service Jurisprudence , 9 Jindal Global L. Rev . 335 (2018).

Sandipto Dasgupta argues that the length and complexity of the Indian constitution are the result of an elite desire for legalism and procedural certainty to contain popular politics in the future, particularly over questions of property. See Sandipto Dasgupta, “A Language Which Is Foreign to Us”: Continuities and Anxieties in the Making of the Indian Constitution , 34 Comp. Stud. S. Asia, Afr. & Middle E. 228 (2014).

Dipesh Chakrabarty, “In the Name of Politics”: Democracy and the Power of the Multitude in India , 19 Pub. Culture 35 (2007).

Hannah Arendt, The Human Condition 34 (1958).

John Dunne, Setting the People Free: The Story of Democracy (2d ed. 2018) (I am grateful to Tejas Parashar for the reference).

Kalyani Ramnath, “We The People”: Seamless Webs and Social Revolution in India’s Constituent Assembly Debates , 32 S. Asia Res. 57 (2012).

Upendra Baxi, Outline of a Theory of Practice of Indian Constitutionalism , in Politics and Ethics of the Indian Constitution Politics and Ethics of the Indian Constitution 92, 92–118 (Rajeev Bhargava ed., 2008).

Email alerts

Citing articles via.

• I·CONnect
• Recommend to your Library

Affiliations

• Online ISSN 1474-2659
• Print ISSN 1474-2640
• Copyright © 2024 New York University School of Law and Oxford University Press
• About Oxford Academic
• Publish journals with us
• University press partners
• What we publish
• New features  
• Open access
• Institutional account management
• Rights and permissions
• Get help with access
• Accessibility
• Advertising
• Media enquiries
• Oxford University Press
• Oxford Languages
• University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

• Copyright © 2024 Oxford University Press
• Cookie settings
• Cookie policy
• Privacy policy
• Legal notice

This Feature Is Available To Subscribers Only

Sign In or Create an Account

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

• Skip to primary navigation
• Skip to main content
• Skip to primary sidebar

UPSC Coaching, Study Materials, and Mock Exams

Enroll in ClearIAS UPSC Coaching Join Now Log In

Call us: +91-9605741000

Indian Constitution: Historical underpinnings, Evolution, Features, Amendments, Significant provisions and Basic structure

Last updated on March 8, 2024 by ClearIAS Team

The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. It replaced the Government of India Act 1935 as the country’s fundamental governing document, and the Dominion of India became the Republic of India.

The Constitution of India is the longest-written constitution of any sovereign country in the world. It embodies the country’s rules and regulations and defines the fundamental rights of its citizens.

It is a living document that has been amended and refined several times since it was first adopted in 1950. The Constitution of India is a unique document that reflects the aspirations, values, and diverse culture of the Indian people.

It is a source of inspiration and guidance for all citizens and has played a pivotal role in shaping the course of India’s development as a modern, democratic, and pluralistic nation.

Table of Contents

Indian Constitution: Historical Underpinning

The Constitution of India has its roots in the country’s colonial past and the struggle for independence from British rule. The process of framing the Constitution began in the 1930s, with the formation of the Indian National Congress and the demand for self-governance.

UPSC CSE 2025: Study Plan ⇓

(1) ⇒ UPSC 2025: Prelims cum Mains

(2) ⇒ UPSC 2025: Prelims Test Series

(3) ⇒ UPSC 2025: CSAT

Note: To know more about ClearIAS Courses (Online/Offline) and the most effective study plan, you can call ClearIAS Mentors at +91-9605741000, +91-9656621000, or +91-9656731000.

During the freedom movement, various constitutional frameworks were proposed, including the Nehru Report of 1928, the Karachi Resolution of 1931, and the Bombay Plan of 1944. These proposals formed the basis for the Constituent Assembly, which was elected in 1946 to draft a new Constitution for the newly independent nation.

The Constituent Assembly was composed of elected representatives from all the provinces of British India, as well as representatives from the princely states. It was chaired by Dr. B. R. Ambedkar, who played a key role in the drafting of the Constitution.

The Constituent Assembly held its first meeting on 9 December 1946, and over the next three years, it debated and discussed the various provisions of the Constitution. The Constitution was finally adopted on 26 November 1949, and it came into effect on 26 January 1950, marking the birth of the Republic of India.

The Constitution of India reflects the country’s diverse culture and the values of its founding fathers, who were inspired by the ideals of democracy, justice, liberty, equality, and fraternity. It is a living document that has evolved through a series of amendments, and it continues to guide and shape the development of the nation.

Also read: The historical underpinning of the Indian constitution

Evolution of the Constitution

The Constitution of India has undergone several amendments since it was first adopted in 1950. The process of amending the Constitution is set out in Article 368, which requires a special majority in both houses of Parliament, as well as the ratification of at least half of the states in the country.

The Constitution has been amended more than 100 times since its adoption. The amendments have been made to reflect the changing needs and aspirations of the country, as well as to incorporate new laws and policies.

Some of the significant amendments to the Constitution include:

• The First Amendment Act of 1951 , amended the freedom of speech and expression and added the Ninth Schedule to protect certain laws from judicial review.
• The Seventh Amendment Act of 1956 , reorganized the states of India on linguistic lines.
• The Ninth Amendment Act of 1960 , recognized the right to property as a fundamental right.
• The Twenty-Fourth Amendment Act of 1971 , abolished the privy purse and abolished the privy council as a court of appeal for the princely states.
• The Thirty-Ninth Amendment Act of 1975 , recognized Sikkim as a state of India.
• The Forty-Second Amendment Act of 1976 , amended several provisions of the Constitution, including the Preamble, and added the words “secular” and “socialist” to it.
• The Seventy-Third Amendment Act of 1992 , recognized the rights of the scheduled castes and tribes to participate in local self-governance.
• The Ninety-Fourth Amendment Act of 2006 , provided reservations for the scheduled castes and tribes in the promotion to higher posts in the civil services.

The Constitution of India has played a vital role in shaping the country’s political and social landscape, and it continues to evolve to meet the changing needs of the nation.

Indian Constitution: Features

The Constitution of India has several features that set it apart from the constitutions of other countries. Some of the key features of the Indian Constitution are:

• Written and comprehensive : The Constitution of India is a written document that sets out the framework for the country’s political system and the rights and duties of its citizens. It is the longest-written constitution of any sovereign country in the world, with 444 articles in 22 parts and 12 schedules.
• Federal system : The Constitution of India establishes a federal system of government, in which power is divided between the central government and the states. The central government has exclusive powers in certain areas, such as foreign affairs and defense, while the states have powers in matters such as education and law and order.
• Parliamentary democracy : The Constitution of India establishes a parliamentary form of government, in which the executive is responsible to the legislature. The President of India is the head of state, while the Prime Minister is the head of government.
• Fundamental rights : The Constitution of India guarantees a set of fundamental rights to all citizens, which include the right to equality, freedom of speech and expression, and the protection of life and personal liberty. These rights are enforceable by the courts, and any law that violates these rights can be struck down by the courts.
• Directive principles : The Constitution of India also lays down a set of directive principles of state policy, which are non-enforceable guidelines for the government to follow in the formulation of its policies. These principles include the promotion of international peace and security, the protection of the environment, and the promotion of the welfare of the people.
• Independent judiciary : The Constitution of India establishes an independent judiciary, which is responsible for interpreting the laws of the country and upholding the rights of citizens. The Supreme Court is the highest in the country, and it has the power of judicial review, which allows it to declare a law or government action unconstitutional.
• Amendment process : The Constitution of India provides a detailed process for amending its provisions. An amendment requires a special majority in both houses of Parliament, as well as the ratification of at least half of the states in the country. This ensures that any changes to the Constitution are made with the consensus of the majority of the people.

Indian Constitution: Amendments

The process of amending the Constitution of India is set out in Article 368 of the Constitution. According to this article, an amendment to the Constitution can be initiated by the introduction of a bill in either house of Parliament.

The bill must be passed by a special majority in both houses of Parliament, which means that it must be supported by at least two-thirds of the members present and voting in each house.

Once the bill is passed by Parliament, it must be ratified by at least half of the states in the country. The ratification must be done by the state legislatures, and it must be obtained within six months from the date of the passing of the bill.

If the bill is ratified by at least half of the states, it becomes an act and is added to the Constitution as an amendment. If the bill is not ratified by the required number of states, it lapses and cannot be reintroduced in Parliament.

The process of amending the Constitution of India is designed to ensure that any changes to the Constitution are made with the consensus of the majority of the people. The special majority requirement in Parliament and the ratification by the states ensure that the amendment has the support of a wide cross-section of the country.

Also read: Amendments of Indian Constitution

Significant Provisions of the Indian Constitution

The Indian Constitution is a comprehensive document that outlines the rights and duties of citizens, as well as the structure and functions of the government. Some of the significant provisions of the Indian Constitution include:

• Fundamental Rights : These are the basic rights that are guaranteed to every citizen of India, including the right to equality, freedom of speech and expression, freedom of religion, and the right to life and personal liberty.
• Directive Principles of State Policy : These are guidelines for the government to follow in the formulation and implementation of policies, to promote the welfare of the people.
• Federal Structure : The Indian Constitution establishes a federal system of government, with powers divided between the central government and the state governments.
• Independence of the Judiciary : The Indian Constitution provides for the independence of the judiciary, with the Supreme Court at the apex and a hierarchy of courts below it.
• Emergency Provisions : The Indian Constitution contains provisions that allow the government to take measures to protect the country’s security and integrity in times of emergency.
• Scheduled Castes and Scheduled Tribes : The Indian Constitution provides for affirmative action to protect the rights and promote the welfare of historically disadvantaged groups such as Scheduled Castes and Scheduled Tribes.

Basic Structure of the Indian Constitution

The basic structure doctrine is a judicial principle in the Constitution of India which holds that the Constitution has certain basic features that cannot be amended by the Parliament. This doctrine was propounded by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973.

The basic structure doctrine has not been explicitly mentioned in the Constitution of India. Rather, it has been inferred by the Supreme Court from the provisions of the Constitution and the principles underlying it. According to this doctrine, the following are the basic features of the Constitution that cannot be amended:

• Supremacy of the Constitution
• Republican and democratic form of government
• Secular Character of the Constitution
• Separation of powers between the legislature, executive, and judiciary
• Federal character of the Constitution
• Free and fair elections
• Independence of the judiciary
• Judicial review
• The principle of equality before the law and prohibition of discrimination on the grounds of religion, race, caste, gender, or place of birth.

The basic structure doctrine has been instrumental in protecting the fundamental rights of citizens and preserving the basic tenets of the Constitution. It has also served as a check on the powers of the Parliament to amend the Constitution, ensuring that any amendments are consistent with the basic principles and values of the Constitution.

Also read: Basic Structure of Indian Constitution

The Constitution of India is the supreme law of the land and the foundation of the Indian democratic system. It outlines the powers and functions of the various organs of the government and guarantees the fundamental rights of citizens. The Constitution also contains provisions for the protection of the country’s cultural and linguistic diversity and the promotion of social justice.

The basic structure doctrine is a key principle of the Constitution which holds that certain fundamental features of the Constitution, such as the supremacy of the Constitution, the republican and democratic form of government, and the secular character of the state, cannot be amended by the Parliament.

This doctrine has played a crucial role in protecting the fundamental rights of citizens and preserving the basic tenets of the Constitution.

Overall, the Constitution of India serves as a model for other countries around the world and has played a vital role in the country’s development and progress over the past seven decades. It is a living document that continues to evolve and adapt to the changing needs and aspirations of the people of India.

Article written by: Vivek Rajasekharan

Top 10 Best-Selling ClearIAS Courses

Upsc prelims cum mains (pcm) gs course: unbeatable batch 2025 (online), rs.75000   rs.29000, upsc prelims marks booster + 2025 (online), rs.19999   rs.14999, upsc prelims test series (pts) 2025 (online), rs.9999   rs.4999, csat course 2025 (online), current affairs course 2025 (online), ncert foundation course (online), essay writing course for upsc cse (online), ethics course for upsc cse (online), upsc interview marks booster course (online), rs.9999   rs.4999.

About ClearIAS Team

ClearIAS is one of the most trusted learning platforms in India for UPSC preparation. Around 1 million aspirants learn from the ClearIAS every month.

Our courses and training methods are different from traditional coaching. We give special emphasis on smart work and personal mentorship. Many UPSC toppers thank ClearIAS for our role in their success.

Download the ClearIAS mobile apps now to supplement your self-study efforts with ClearIAS smart-study training.

Reader Interactions

October 28, 2023 at 10:35 pm

Amendments written above are incorrect. Privy purse abolition is 26th CAA and not 24th , many other mistakes are there in the page.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Don’t lose out without playing the right game!

Follow the ClearIAS Prelims cum Mains (PCM) Integrated Approach.

Join ClearIAS PCM Course Now

UPSC Online Preparation

• Union Public Service Commission (UPSC)
• Indian Administrative Service (IAS)
• Indian Police Service (IPS)
• IAS Exam Eligibility
• UPSC Free Study Materials
• UPSC Exam Guidance
• UPSC Prelims Test Series
• UPSC Syllabus
• UPSC Online
• UPSC Prelims
• UPSC Interview
• UPSC Toppers
• UPSC Previous Year Qns
• UPSC Age Calculator
• UPSC Calendar 2024
• About ClearIAS
• ClearIAS Programs
• ClearIAS Fee Structure
• IAS Coaching
• UPSC Coaching
• UPSC Online Coaching
• ClearIAS Blog
• Important Updates
• Announcements
• Book Review
• ClearIAS App
• Work with us
• Advertise with us
• Privacy Policy
• Terms and Conditions
• Talk to Your Mentor

Featured on

and many more...

ClearIAS Programs: Admissions Open

Thank You 🙌

UPSC CSE 2025: Study Plan

Subscribe ClearIAS YouTube Channel

Get free study materials. Don’t miss ClearIAS updates.

Subscribe Now

IAS/IPS/IFS Online Coaching: Target CSE 2025

Cover the entire syllabus of UPSC CSE Prelims and Mains systematically.

45,000+ students realised their study abroad dream with us. Take the first step today

Meet top uk universities from the comfort of your home, here’s your new year gift, one app for all your, study abroad needs, start your journey, track your progress, grow with the community and so much more.

Verification Code

An OTP has been sent to your registered mobile no. Please verify

Thanks for your comment !

Our team will review it before it's shown to our readers.

• School Education /

Essay on Indian Constitution in 100, 250, and 350 words

• Updated on  
• Jan 3, 2024

The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world and describes the framework for political principles, procedures and powers of the government. This is just a brief paragraph on the Indian constitution, we have provided samples of essay on Indian Constitution. Let’s explore them!

Table of Contents

• 1 Essay on Indian Constitution in 100 words
• 2 Essay on Indian Constitution in 250 words
• 3 Essay on Indian Constitution in 350 words
• 4 Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens
• 5 The Constitution Defines the Structure and Working of the Government
• 6 Conclusion

Learn more about the Making of Indian Constitution

Essay on Indian Constitution in 100 words

The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Also Read:- Importance of Internet

Essay on Indian Constitution in 250 words

The Indian Constitution was drafted under the chairmanship of Dr. B. R. Ambedkar who is known as the ‘Father of Indian Constitution’. It took almost 3 years to draft the same. Various aspects of the society such as economic, socio-political, etc were taken into consideration while drafting the constitution. While drafting the Indian Constitution, the drafting committee took into consideration various constitutions of other countries such as France, Japan and Britain to seek valuable insights. 

The Fundamental Rights and Duties of the Indian Citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India, all were included in the Indian Constitution. Every policy, duty and right has been explained at length in the Indian Constitution hence making it the lengthiest written constitution in the world. 

There were more than 2000 amendments that had to be made to the Indian Constitution to get it approved. The same was adopted on November 26th, 1949 and was enforced on January 26th, 1950. From that day onwards, the status of India changed from “Dominion of India” to “Republic of India”. And that is why since then, 26th January is celebrated as the Republic Day. On this occasion, the National Flag of India is hoisted at various places across the nation and the National Anthem is sung to rejoice the day. There is a special day that is dedicated to the Indian Constitution known as the ‘National Constitution Day’ that came into existence in 2015. 

Also Read:- Essay on Pollution

Essay on Indian Constitution in 350 words

The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The duties and the Fundamental Rights of the Indian citizens have been clearly stated and defined in the Constitution of India. The Fundamental Rights include:

• The Right to Equality
• The Right to Freedom
• The Right to Freedom of Religion
• Cultural and Educational Rights
• Right Against Exploitation
• Right to Constitutional Remedies

These are the basic rights and all the citizens across the country are entitled to the same irrespective of their colour, caste, creed, or religion.

Fundamental Duties of the Indian CItizens that are included in the Indian Constitution are:-

• Respecting the Constitution of India
• To always honour the National Anthem and the National Flag
• To protect the unity
• Preserving the heritage of the county
• Protecting the integrity and sovereignty of India
• Promoting the spirit of brotherhood
• To have compassion for living creatures
• To strive for excellence 
• To protect public property and contribute your bit to maintaining peace

These are also mentioned in detail in the Indian Constitution. 

The Constitution Defines the Structure and Working of the Government

The working of the Government as well as its structure is also mentioned in detail in the Indian Constitution.  The Indian Constitution mentions that India has a parliamentary system of government that is present at the centre as well as in states. The power to take major decisions lies with the Prime Minister and the Union Council of Ministers. The president of India on the other hand, has nominal powers.

Also Read: Essay on Human Rights

The Constitution of India was approved after several amendments by Dr. B. R. Ambedkar who, along with his team of six members, was a part of the drafting committee that came up with the Indian Constitution.

Also Read: How to Prepare for UPSC in 6 Months?

Ans: The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Ans: The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world. And describes the framework for political principles, procedures and powers of the government.

Ans: The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

Related Reads:-

This brings us to the end of our blog on Essay on Indian Constitution. Hope you find this information useful. For more information on such informative topics for your school, visit our essay writing and follow Leverage Edu.

Deepansh Gautam

Leave a Reply Cancel reply

Save my name, email, and website in this browser for the next time I comment.

Contact no. *

Connect With Us

45,000+ students realised their study abroad dream with us. take the first step today..

Resend OTP in

Need help with?

Study abroad.

UK, Canada, US & More

IELTS, GRE, GMAT & More

Scholarship, Loans & Forex

Country Preference

New Zealand

Which English test are you planning to take?

Which academic test are you planning to take.

Not Sure yet

When are you planning to take the exam?

Already booked my exam slot

Within 2 Months

Want to learn about the test

Which Degree do you wish to pursue?

When do you want to start studying abroad.

January 2024

September 2024

What is your budget to study abroad?

How would you describe this article ?

Please rate this article

We would like to hear more.

Have something on your mind?

Make your study abroad dream a reality in January 2022 with

India's Biggest Virtual University Fair

Essex Direct Admission Day

Why attend .

Don't Miss Out

Fundamental Rights and Duties in Indian Constitution: Explained in Detail

Introduction:

The Constitution of India is the supreme law of the land, which lays down the basic framework and principles for the governance of the country. It was adopted by the Constituent Assembly of India on 26th November 1949 and came into effect on 26th January 1950. The Indian Constitution is unique in the sense that it not only guarantees a set of fundamental rights to its citizens but also imposes certain duties and responsibilities upon them. This blog aims to explain the fundamental rights and duties enshrined in the Indian Constitution .

The concept of fundamental rights and duties in the Indian Constitution has evolved significantly since its inception. These elements form the bedrock of Indian democracy, ensuring a balance between individual freedoms and societal responsibilities. Understanding the historical evolution of these rights and duties is crucial to appreciate their current interpretation and application in India’s diverse and dynamic society.

Fundamental Rights:

Fundamental rights are the basic rights guaranteed to the citizens of India by the Constitution. These rights are essential for the development of an individual’s personality and dignity. The Constitution of India guarantees six fundamental rights to its citizens, which are as follows:

1. Right to Equality:

The right to equality is one of the most important fundamental rights enshrined in the Indian Constitution. It ensures that all individuals are equal before the law and prohibits discrimination based on caste, race, religion, sex or place of birth. This right is guaranteed under Articles 14 -18 of the Constitution.

The Right to Equality, enshrined in Articles 14 to 18, is foundational to the Indian Constitution, symbolizing the nation’s commitment to a just and equitable society. This right challenges historical inequalities and mandates equal treatment under the law, irrespective of a person’s background. Landmark cases like ‘Kesavananda Bharati vs State of Kerala’ have reinforced the importance of equality as a part of the basic structure of the Constitution.

2. Right to Freedom:

The right to freedom guarantees certain freedoms to the citizens of India, such as freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement and freedom of residence. This right is guaranteed under Articles 19 -22 of the Constitution.

The Right to Freedom, covered under Articles 19 to 22, encompasses a broad spectrum of freedoms ranging from speech and expression to movement and residence anywhere in India. It also includes the right to practice any profession and the protection in respect of conviction for offenses. This right is fundamental in ensuring that citizens enjoy liberty in various aspects of their life, balanced with reasonable restrictions for the state’s integrity and public order. The Supreme Court ’s interpretation in cases like ‘Maneka Gandhi vs Union of India’ has been pivotal in expanding the understanding and scope of these freedoms.

3. Right against Exploitation:

The right against exploitation prohibits trafficking, forced labour and other forms of exploitation. It is guaranteed under Articles 23-24 of the Constitution.

Articles 23 and 24 of the Indian Constitution prohibit all forms of human trafficking and child labor, ensuring that no citizen is subject to exploitation and forced labor. This right is crucial in combating societal issues like child labor and human trafficking. Through various judicial decisions, the courts have expanded the interpretation of this right to include various forms of exploitation, thus safeguarding the dignity and well-being of vulnerable sections of society.

4. Right to Freedom of Religion:

The right to freedom of religion ensures that every citizen of India has the right to profess, practice and propagate their religion. This right is guaranteed under Articles 25-28 of the Constitution.

Enshrined in Articles 25 to 28, the Right to Freedom of Religion guarantees every citizen the freedom to practice, profess, and propagate their religion. This set of rights establishes India as a secular state, where the state does not endorse any particular religion and ensures freedom of worship. The apex court has continually upheld these freedoms while ensuring they do not infringe on public order and morality.

5. Cultural and Educational Rights:

The Constitution of India guarantees certain cultural and educational rights to the citizens of India. It includes the right to preserve and promote one’s culture, the right to education and the right to linguistic and minority rights. These rights are guaranteed under Articles 29-30 of the Constitution.

Articles 29 and 30 protect the rights of minorities to preserve their language, script, and culture, and the right of minorities to establish and administer educational institutions. These rights are fundamental in upholding India’s cultural diversity and ensuring that minority groups can preserve and cultivate their unique heritage and educational practices.

6. Right to Constitutional Remedies:

The right to constitutional remedies is the most important fundamental right enshrined in the Indian Constitution. It provides a mechanism for the citizens to enforce their fundamental rights. This right is guaranteed under Article 32 of the Constitution.

Article 32 is known as the ‘heart and soul’ of the Indian Constitution, as articulated by Dr. B.R. Ambedkar. It empowers citizens to approach the Supreme Court directly in case of any violation of their fundamental rights. This right is critical in ensuring the protection and enforcement of the fundamental rights, making them not merely declaratory but also enforceable in courts of law.

Fundamental Duties:

The Indian Constitution imposes certain duties and responsibilities upon its citizens, which are essential for the well-being and progress of the society as a whole. The Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976. The Constitution of India provides for 11 fundamental duties which are as follows:

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• To cherish and follow the noble ideals which inspired our national struggle for freedom.
• To uphold and protect the sovereignty, unity and integrity of India.
• To defend the country and render national service when called upon to do so.
• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities.
• To value and preserve the rich heritage of our composite culture.
• To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
• To develop the scientific temper, humanism and the spirit of inquiry and reform.
• To safeguard public property and to abjure violence.
• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
• To provide opportunities for education to their child or ward, between the age of 6 and 14 years.

The fundamental duties, added by the 42nd Amendment in 1976, serve as a reminder of the citizen’s role in nation-building and maintaining social harmony. These duties, encompassing respect for national symbols, the environment , and the promotion of scientific temper, are as vital as rights for fostering a responsible and aware citizenry.

Explanation of Fundamental Duties:

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem:

This duty requires every citizen of India to respect and uphold the ideals and institutions of the Constitution, such as democracy, secularism, and socialism. Citizens should also respect the national symbols, such as the National Flag and National Anthem.

• To cherish and follow the noble ideals which inspired our national struggle for freedom:

This duty requires every citizen of India to respect and follow the ideals of the Indian freedom struggle, such as non-violence, equality, and justice. This duty emphasizes the importance of respecting the sacrifices of our freedom fighters.

• To uphold and protect the sovereignty, unity and integrity of India:

This duty requires every citizen of India to defend the sovereignty, unity, and integrity of the country against all threats. It emphasizes the importance of national security and patriotism.

• To defend the country and render national service when called upon to do so:

This duty requires every citizen of India to be ready to defend the country against any external or internal threat. It also emphasizes the importance of national service, such as volunteering for social causes.

• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities:

This duty requires every citizen of India to promote communal harmony and brotherhood among all the people of the country, regardless of their religion, language, or region. It emphasizes the importance of national integration and social cohesion.

• To value and preserve the rich heritage of our composite culture:

This duty requires every citizen of India to respect and preserve the rich cultural heritage of the country, which is a composite of various cultures, religions, and traditions. It emphasizes the importance of cultural diversity and national unity.

• To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures:

This duty requires every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife. It emphasizes the importance of environmental conservation and sustainability.

• To develop the scientific temper, humanism and the spirit of inquiry and reform:

This duty requires every citizen of India to develop a scientific temper and a spirit of inquiry and reform. It emphasizes the importance of scientific and rational thinking in the progress of the country.

• To safeguard public property and to abjure violence:

This duty requires every citizen of India to protect public property and abjure violence. It emphasizes the importance of non-violence and respect for public property.

• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement:

This duty requires every citizen of India to strive towards excellence in all spheres of individual and collective activity. It emphasizes the importance of hard work, dedication, and excellence in the progress of the country.

• To provide opportunities for education to their child or ward, between the age of 6 and 14 years:

This duty requires every parent or guardian to provide opportunities for education to their child or ward, between the age of 6 and 14 years. It emphasizes the importance of education in the development of the individual and the progress of the country.

The Fundamental Duties were added to the Indian Constitution through the 42nd Amendment Act of 1976. The main objective of adding Fundamental Duties was to ensure that the citizens of India are conscious of their duties towards the nation and society. Some of the additional information on Fundamental Duties are:

• The Fundamental Duties are not enforceable by law. However, they are fundamental in the governance of the country.
• The Fundamental Duties are based on the principle of “dharma” or duty, which is deeply rooted in Indian culture and tradition.
• The Fundamental Duties are meant to be complementary to the Fundamental Rights. They remind citizens that while they have certain rights, they also have certain obligations towards the society and the country.
• The Fundamental Duties are not exhaustive. They are broad guidelines and principles, which can be interpreted in the light of changing times and circumstances.
• The Fundamental Duties are not limited to citizens alone. They also apply to the government, which is expected to uphold and promote these duties.

Conclusion:

The Indian Constitution provides for both fundamental rights and duties, which are essential for the well-being and progress of the society. While fundamental rights ensure the dignity and development of the individual, fundamental duties emphasize the responsibilities and obligations of the citizens towards the society and the country. It is the duty of every citizen of India to respect and uphold these fundamental rights and duties, which are the foundation of our democracy and the progress of our country. The Fundamental Rights and Duties are the cornerstone of the Indian Constitution. They ensure that every citizen of India is guaranteed certain rights and is aware of their duties towards the society and the country. While the Fundamental Rights protect the dignity and development of the individual, the Fundamental Duties promote social cohesion, patriotism, and national integration. It is the duty of every citizen of India to respect and uphold these Fundamental Rights and Duties, which are the bedrock of our democracy and the progress of our country.

The interplay of fundamental rights and duties is pivotal for the progress and harmony of Indian society. These constitutional provisions not only protect individual liberties but also foster a sense of collective responsibility, crucial for the nation’s holistic development.

These rights are protected by Constitutional remedies such as Writs . At Century Law Firm , our team of experienced lawyers has a deep understanding of the complexities involved in writ petitions .

Frequently Asked Questions (FAQs) on Fundamental Rights and Duties in the Indian Constitution:

• What is the difference between Fundamental Rights and Directive Principles of State Policy?

Fundamental Rights are the individual rights guaranteed by the Constitution, while Directive Principles of State Policy are the guidelines and principles for the governance of the country. While Fundamental Rights are justiciable, Directive Principles of State Policy are not enforceable by the courts.

• Can the Fundamental Rights be suspended during an emergency ?

Yes, during a national emergency declared under Article 352 of the Constitution, the Fundamental Rights can be suspended except for Articles 20 and 21.

• What is the significance of the Right to Constitutional Remedies?

The Right to Constitutional Remedies is considered to be the most important Fundamental Right, as it guarantees the right to approach the Supreme Court of India for the enforcement of Fundamental Rights. It ensures that the individual is not deprived of his or her rights by the state or any other authority.

• What are the Fundamental Duties of an Indian citizen?

The Fundamental Duties of an Indian citizen include respecting the Constitution, national flag, and national anthem, promoting harmony and the spirit of common brotherhood, protecting the natural environment, and striving towards excellence in all spheres of individual and collective activity.

• Are Fundamental Duties enforceable by law?

No, Fundamental Duties are not enforceable by law. However, they serve as a reminder to citizens that they have certain obligations towards the society and the country.

• Can Fundamental Rights be amended?

Yes, Fundamental Rights can be amended, but only to the extent that they do not affect the basic structure of the Constitution.

• What happens if a law is in violation of Fundamental Rights?

If a law is in violation of Fundamental Rights, it can be struck down by the courts as unconstitutional.

• Can Fundamental Rights be restricted by the state?

Yes, Fundamental Rights can be restricted by the state, but only if there is a reasonable basis for such restriction. For example, the right to free speech and expression can be restricted if it poses a threat to national security or public order.

• Are Fundamental Rights absolute?

No, Fundamental Rights are not absolute. They are subject to reasonable restrictions, as mentioned in the Constitution.

• What is the difference between legal rights and Fundamental Rights?

Legal rights are rights that are recognized by law and can be enforced by the courts. Fundamental Rights, on the other hand, are the basic rights guaranteed to citizens by the Constitution. While legal rights can be limited or modified by the law, Fundamental Rights are protected by the Constitution and cannot be taken away or limited by the law.

Writ Petition – Types, Important Judgements, How and When to File | Lawyer for Writ Petition

In-Depth Analysis of Article 14 of the Indian Constitution

Understanding Article 13 of the Indian Constitution

Popular Posts

• Section 411 of the Indian Penal Code : Dishonestly receiving stolen property – All You Need to Know | IPC
• Section 302 IPC: Detailed Analysis, Punishment for Murder, and Legal Implications
• Section 86 Indian Penal Code (IPC) – All you need to know

Related Posts

Habeas Corpus – Legal Maxim of the Day

Automobile accident lawyers – what they do, how much they charge, and more.

• भाषा : हिंदी
• Classroom Courses
• Our Selections
• Student Login
• About NEXT IAS
• Director’s Desk
• Advisory Panel
• Faculty Panel
• General Studies Courses
• Optional Courses
• Interview Guidance Program
• Postal Courses
• Test Series
• Current Affairs
• Student Portal

• Prelims Analytica
• CSE (P) 2024 Solutions
• Pre Cum Main Foundation Courses
• 1 Year GSPM Foundation Course
• 2 Year Integrated GSPM Foundation Course: Elevate
• 3 Year Integrated GSPM Foundation Course: EDGE
• 2 Year GSPM Foundation with Advanced Integrated Mentorship (FAIM)
• Mentorship Courses
• 1 Year Advanced Integrated Mentorship (AIM)
• Early Start GS Courses
• 1 Year GS First Step
• Mains Specific
• Mains Advance Course (MAC) 2024
• Essay Guidance Program cum Test Series 2024
• Ethics Enhancer Course 2024
• Prelims Specific
• Weekly Current Affairs Course 2025
• Current Affairs for Prelims (CAP) 2025
• CSAT Course 2025
• CSAT EDGE 2025
• Optional Foundation Courses
• Mathematics
• Anthropology
• Political Science and International Relations (PSIR)
• Optional Advance Courses
• Political Science & International Relations (PSIR)
• Civil Engineering
• Electrical Engineering
• Mechanical Engineering
• Interview Guidance Programme / Personality Test Training Program
• GS + CSAT Postal Courses
• Current Affairs Magazine – Annual Subscription
• GS+CSAT Postal Study Course
• First Step Postal Course
• Postal Study Course for Optional Subjects
• Prelims Test Series for CSE 2025 (Offline/Online)
• General Studies
• GS Mains Test Series for CSE 2024
• Mains Test Series (Optional)
• PSIR (Political Science & International Relations)
• Paarth PSIR
• PSIR Answer Writing Program
• PSIR PRO Plus Test Series
• Mathematics Yearlong Test Series (MYTS) 2024
• Indian Economic Services
• ANUBHAV (All India Open Mock Test)
• ANUBHAV Prelims (GS + CSAT)
• ANUBHAV Mains
• Headlines of the Day
• Daily Current Affairs
• Editorial Analysis
• Monthly MCQ Compilation
• Monthly Current Affairs Magazine
• Previous Year Papers
• Down to Earth
• Kurukshetra
• Union Budget
• Economic Survey
• Download NCERTs
• NIOS Study Material
• Beyond Classroom
• Toppers’ Copies
• Indian Polity

Constitution of India: Meaning, Structure, Enactment, Features & Significance

The Constitution of India , as the fundamental law of the land , embodies the values, principles, and governance framework of our country. It serves as the supreme law, guiding the state’s functioning and ensuring citizen’s rights and responsibilities. With its roots grounded in historical struggles, philosophical ideals, and societal aspirations, it reflects the nation’s collective journey toward democracy, justice, and equality. This article of NEXT IAS aims to explain the meaning, structure, salient features, significance, and other aspects of the Constitution of India.

What is the Meaning of Constitution?

A Constitution of a state is a fundamental set of principles or established precedents according to which the state is governed. It outlines the organization, powers, and limits of government institutions, as well as the rights and duties of citizens. It serves as the supreme law of the land , providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order.

What is Constitution of India?

The Constitution of India is the supreme law of the Republic of India. It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance. It is a set of rules and regulations guiding the administration of a country.

Structure of the Indian Constitution

The Indian Constitution is one of the longest and most detailed written constitutions in the world. Various components of the structure of the Indian Constitution can be seen as follows:

• A “Part” of the Constitution refers to a division within the Constitution that groups together Articles on similar subjects or themes.
• The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country’s legal, administrative, or governmental framework.
• Originally, there were 22 parts in the Constitution of India. As of now, there are 25 parts of the Indian Constitution.
• An “Article” refers to a specific provision or clause within the Constitution that details various aspects of the country’s legal and governmental framework.
• Each part of the constitution contains several articles numbered sequentially.
• Originally, there were 395 articles in the Constitution of India. As of now, the Indian Constitution contains 448 articles .
• A “Schedule” refers to a list or a table attached to the Constitution that details certain additional information or guidelines relevant to the constitutional provisions.
• They provide clarity and supplementary details, making the Constitution more comprehensive and functional.
• Originally, there were 8 schedules in the Constitution of India. As of now, there are 12 schedules in the Indian Constitution.

Enactment and 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. Accordingly, the Drafting Committee was appointed under the chairmanship of Dr. B.R. Ambedkar .
• 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 .
• After many deliberations and some modifications, the Draft Constitution was declared as passed by the Constituent Assembly on 26th November 1949. This is known as the “ Date of Adoption ” of the Constitution of India.
• A few provisions of the Constitution came into force on 26th November 1949. However, the major part of the Constitution came into force on 26th January 1950, making India a sovereign republic. This date is known as the “ Date of Enactment ” of the Constitution of India.

Salient Features of the Indian Constitution

• Several factors that have contributed to its elephantine size include – the need to accommodate the vast diversity of the country, a single constitution for both the Center and States, the presence of legal experts and luminaries in the Constituent Assembly, etc.
• Drawn from Various Sources – The Constitution of India has borrowed most of its provisions from the Government of India Act of 1935 as well as from the constitutions of various other countries.
• The Constitution of India is neither rigid nor flexible, but a synthesis of both.
• Federal System with Unitary Bias – The Constitution of India establishes a federal system of government and contains all the usual features of a federation. However, it also contains a large number of unitary or non-federal features.
• Parliamentary Form of Government – The Constitution of India has adopted the British Parliamentary System of Government. The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs.
• While Parliament retains the ultimate authority to make laws , the judiciary serves as the guardian of the Constitution , ensuring that parliamentary actions adhere to constitutional norms and protect fundamental rights.
• An integrated judicial system means that a single system of courts, comprising of Supreme Court , High Courts, and Subordinate Courts, enforces both the central laws as well as the state laws.
• An independent judicial system means that the Indian judiciary operates autonomously, free from the influence of the executive and legislative branches of government.
• Fundamental Rights – The Indian Constitution guarantees 6 fundamental rights to all citizens, which promotes the idea of political democracy in the country. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.
• The Directive Principles seek to establish a ‘Welfare State’ in India by promoting the ideal of social and economic democracy.
• These duties serve as a guide for citizens to contribute towards building a strong and harmonious nation.
• A Secular State – The Constitution of India does not uphold any particular religion as the official religion of the Indian State. Instead, it mandates that the state treat all religions equally, refraining from favoring or discriminating against any particular religion.
• Every citizen who is not less than 18 years of age has a right to vote without any discrimination based on caste, race, religion, sex, literacy, wealth, and so on.
• Single Citizenship – Single citizenship is a constitutional principle in India whereby all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made between them.
• Independent Bodies – The Indian Constitution has established certain independent bodies which are envisaged as the bulwarks of the democratic system of Government in India.
• The rationale 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 .
• This decentralized system allows for effective governance by delegating authority to address regional and local issues, promoting participatory democracy and grassroots development.
• Co-operative Societies – The 97th Constitutional Amendment Act of 2011 gave constitutional status and protection to co-operative societies.

Significance of the Constitution of India

• Rule of Law – The Constitution establishes the framework for governance based on the rule of law, ensuring that no individual, including government officials, is above the law.
• Protection of Rights – It guarantees fundamental rights to citizens, safeguarding their freedoms of speech, expression, religion, and more, while also providing mechanisms for legal redress if these rights are infringed upon.
• Structure of Government – The Constitution delineates the structure of government, defining the roles, powers, and limitations of the executive, legislative, and judicial branches. This separation of powers prevents the concentration of authority and promotes checks and balances.
• Democratic Principles – Through provisions like a universal adult franchise, the constitution upholds democratic principles by ensuring citizens’ participation in governance through free and fair elections.
• Stability and Continuity – The constitution provides stability and continuity in governance, serving as a framework for guiding successive governments and preventing abrupt changes in the political system.
• National Unity – It fosters national unity by recognizing and respecting the diversity of the populace while also promoting a sense of common citizenship and allegiance to the nation.
• Legal Framework – The constitution serves as the legal foundation upon which all laws and regulations are based, providing consistency and coherence in the legal system.
• Adaptability – While providing a stable framework, the constitution also allows for necessary amendments to accommodate changing societal needs and values, ensuring its relevance over time.

Sources of the Constitution of India

• Government of India Act of 1935 – Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency Provisions, and Administrative Details.
• British Constitution – Parliamentary System of Government, Rule of Law, Legislative Procedure, Single Citizenship, Cabinet System, Prerogative Writs, Parliamentary Privileges, and Bicameralism.
• US Constitution – Fundamental Rights, Independence of the Judiciary, Judicial Review, Impeachment of the President, Removal of Supreme Court and High Court Judges, and the Post of the Vice-President.
• Irish Constitution – Directive Principles of State Policy, the Nomination of Members to Rajya Sabha, and Method of Election of the President.
• Canadian Constitution – Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.
• Australian Constitution – Concurrent List, Freedom of Trade, Commerce & Intercourse, and a Joint Sitting of the two Houses of Parliament.
• Weimar Constitution of Germany – Suspension of Fundamental Rights during Emergency.
• Soviet Constitution (USSR, now Russia) – Fundamental duties and the ideal of Justice (Social, Economic, and Political) in the Preamble.
• French Constitution – Republic and the ideals of Liberty, Equality, and Fraternity in the Preamble.
• South African Constitution – Procedure for amendment of the Constitution and election of members of Rajya Sabha.
• Japanese Constitution – Procedure established by law.

Various Schedules of the Indian Constitution

Parts of the Constitution

Note – Part-VII (The States in Part B of the First Schedule), has been deleted by the 7th Constitutional Amendment of 1956.

In conclusion, the Indian Constitution stands as a testament to the nation’s democratic ideals and aspirations. Its meticulous crafting, rooted in historical struggles and visionary principles, continues to guide India’s journey towards a more just, inclusive, and prosperous society. The Indian Constitution stands as a testament to upholding its values, fostering unity amidst diversity, and safeguarding the rights and liberties of every citizen, thus ensuring a brighter future for generations to come.

Related Concepts

• Constitutionalism – Constitutionalism is a system where the Constitution is supreme and the institution’s structure and processes are governed by constitutional principles. It provides the template or framework within which the state has to carry out its operations. It also puts limitations on the government.
• Classification of the Constitution – Constitutions across the world have been classified into the following categories and sub-categories:

Frequently Asked Questions (FAQs)

When was the constitution of india adopted.

The Constitution of India was adopted on 26th November 1949 .

Why the Constitution of India is called a bag of Borrowing?

The Constitution of India is called a “bag of borrowing” due to its extensive adaptation of principles and provisions from various global sources. It amalgamates elements from multiple constitutions, including the British, American, Irish, Canadian, and others, reflecting India’s diverse legal heritage and democratic ideals.

Who is known as the ‘Father of Indian Constitution’?

Dr. B.R. Ambedkar is regarded as the “Father of the Indian Constitution” for his pivotal role as the chairman of the Drafting Committee and his significant contributions in shaping the provisions of the Indian Constitution.

When do we Celebrate the Constitution Day?

Constitution Day also famously known as ‘Samvidhan Divas’ , is celebrated in our country on 26th November every year to commemorate the adoption of the Constitution of India.

What is the Philosophy of the Constitution of India?

The philosophy of the Constitution of India revolves around several key principles such as Sovereignty, Equality, Justice, Liberty, Fraternity, Dignity, Secularism, Federalism, Democratic Principles, etc.

RELATED ARTICLES MORE FROM AUTHOR

Evolution of panchayati raj institutions (pris) in india, leaders in parliament, leader of opposition (lop), judicial review: meaning, scope, significance & more, parliament of india, rajya sabha: composition, system of elections & more, leave a reply cancel reply.

Save my name, email, and website in this browser for the next time I comment.

Featured Post

NEXT IAS (Delhi)

Old rajinder nagar.

• 27-B, Pusa Road, Metro Pillar no.118, Near Karol Bagh Metro, New Delhi-110060

Mukherjee Nagar

• 1422, Main Mukherjee Nagar Road. Near Batra Cinema New Delhi-110009

NEXT IAS (Jaipur)

• NEXT IAS - Plot No - 6 & 7, 3rd Floor, Sree Gopal Nagar, Gopalpura Bypass, Above Zudio Showroom Jaipur (Rajasthan) - 302015

NEXT IAS (Prayagraj)

• 31/31, Sardar Patel Marg, Civil Lines, Prayagraj, Uttar Pradesh - 211001

NEXT IAS (Bhopal)

• Plot No. 46 Zone - 2 M.P Nagar Bhopal - 462011
• 8827664612 ,

Local Self-Government in India

Essay on Constitution of India

Students are often asked to write an essay on Constitution of India in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Constitution of India

Introduction.

The Constitution of India is a significant document that outlines the country’s political code, structure, procedures, and powers. It is the longest written constitution in the world.

The constitution was adopted on 26th November 1949 and came into effect on 26th January 1950. Dr. B.R. Ambedkar was the chief architect.

It declares India as a sovereign, socialist, secular, and democratic republic. It also provides for a parliamentary system of government which is federal in structure.

The Constitution of India serves as the guiding light, ensuring justice, equality, and fraternity among its citizens.

250 Words Essay on Constitution of India

The Constitution of India, the world’s lengthiest written constitution, is the supreme law of India. It lays the framework demarcating fundamental political principles, establishes the structure, procedures, powers, and duties of the government institutions, and sets out fundamental rights, directive principles, and duties of citizens.

Historical Background

Drafted by the Constituent Assembly, which was elected for undivided India, the Constitution was adopted on 26th November 1949 and came into effect on 26th January 1950, replacing the Government of India Act (1935). The drafting committee, chaired by Dr. B. R. Ambedkar, is credited for the constitution’s formulation.

Features of the Constitution

The Constitution declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and promoting fraternity. It provides a parliamentary system of government, federal in structure with unitary features.

Amendments and Adaptability

The Constitution is a living document with a dynamic approach. As of 2021, it has been amended 105 times, reflecting its flexibility. The amendment procedure is detailed in Article 368, allowing changes to meet the evolving socio-political needs.

The Indian Constitution is not merely a legal document but a vehicle of the nation’s life. It reflects the aspirations and values of its people. Despite its imperfections and criticisms, it has served as a robust framework guiding India’s progress and upholding its democratic ethos.

500 Words Essay on Constitution of India

The Constitution of India is a symbol of the nation’s sovereignty, outlining the framework that defines political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights, directive principles, and duties of citizens. Adopted on 26th November 1949 and put into effect on 26th January 1950, it replaced the Government of India Act (1935) as the governing document of India.

Historical Background and Framing of the Constitution

The decision to frame a constitution for India was made in 1934 by the Indian National Congress. The drafting committee, chaired by Dr. B.R. Ambedkar, was constituted in 1947. The committee took nearly three years to draft the constitution, drawing inspiration from various sources including the British, American, Australian, Canadian, and Irish constitutions, as well as the French Declaration of the Rights of Man.

Features of the Indian Constitution

The Indian Constitution is the world’s lengthiest written constitution, with a preamble and 470 articles, which are grouped into 25 parts with 12 schedules and five appendices. It declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens of justice, equality, and liberty, and endeavors to promote fraternity among them.

The Constitution provides for a parliamentary form of government, which is federal in structure with unitary features. It also provides for a bicameral legislature consisting of an Upper House (Rajya Sabha), and a Lower House (Lok Sabha). The President of India is the head of state, while the Prime Minister is the head of government.

Directive Principles and Fundamental Rights

The Directive Principles of State Policy, on the other hand, are guidelines for the framing of laws by the government. These principles, though non-justiciable, aim to establish social and economic democracy, complementing the political democracy guaranteed by the fundamental rights.

Amendments to the Constitution

The Constitution of India has a provision for amendments to maintain its relevance. These amendments are carried out under Article 368. Till now, the constitution has been amended 104 times, reflecting the dynamic nature of the constitution.

If you’re looking for more, here are essays on other interesting topics:

Leave a Reply Cancel reply

Save my name, email, and website in this browser for the next time I comment.

• Law of torts – Complete Reading Material
• Weekly Competition – Week 4 – September 2019
• Weekly Competition – Week 1 October 2019
• Weekly Competition – Week 2 – October 2019
• Weekly Competition – Week 3 – October 2019
• Weekly Competition – Week 4 – October 2019
• Weekly Competition – Week 5 October 2019
• Weekly Competition – Week 1 – November 2019
• Weekly Competition – Week 2 – November 2019
• Weekly Competition – Week 3 – November 2019
• Weekly Competition – Week 4 – November 2019
• Weekly Competition – Week 1 – December 2019
• Sign in / Join

• Constitution
• Guest Posts
• Human Rights

Human Rights and Constitution of India

This article is written by Prasoon Shekhar, student of ICFAI Law School, The ICFAI University, Dehradun.

“To deny people their human rights is to challenge their very humanity.”

Table of Contents

Introduction 

Human rights are the basic rights available to any human being by virtue of his birth in human race.  It is inherent in all human beings irrespective of their nationality, religion, language, sex, colour or any other consideration. The Protection of Human Rights Act, 1993 defines Human Rights as: “human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India”.

Protection of human rights is essential for the development of the people of the country, which ultimately leads to development of the national as a whole. The Constitution of India guarantees basic human rights to each and every citizen of the country. The framers of the Constitution have put their best efforts in putting down the necessary provisions. However, with continuos developments taking place, the horizon of human rights has also expanded. The parliamentarians are now playing a great role in recognizing the rights of people and passing statues, amending provisions etc. as and when required. 

Development of Human Rights 

The Human Rights in India originated long time ago. It can easily be recognized from the principles of Buddhism, Jainism. Hindu religious books and religious texts like Gita, Vedas, Arthasatra and Dharmashstra also contained provisions of human rights. Muslim rulers like Akbar and Jahangir were also very much appreciated for his regard for rights and justice. During the early British era, the people suffered a great violation of several rights and this led to the birth of modern Human Rights jurisprudence in India.

On January 24, 1947, Constituent Assembly voted to form an advisory committee on Fundamental Rights with Sardar Patel as the Chairman. Drafted list of rights were prepared by Dr. B. R. Ambedkar, B. N. Rau, K. T. Shah, Harman Singh, K. M. Musnshi and the Congress expert committee. Although there were few amendments proposed, there was almost no disagreement on the principles incorporated. The rights in the Universal Declaration of Human Rights were almost completely covered in the Indian Constitution either in Fundamental Rights or Directive Principles of State Policy. Nineteen fundamental rights were covered in Motilal Nehru Committee Report, 1928   out of which ten appear in the Fundamental Rights whereas three of them appear as Fundamental Duties .

International Human Rights and Fundamental Rights (Part III of COI) 

India had signed the Universal Declaration on Human Rights January 01, 1942. Part III of the Constitution India ‘also referred as magna carta’ contains the Fundamental rights. These are the rights which are directly enforceable against the state in case of any violation. Article 13(2) prohibits state from making any law in violation of the Fundamental Rights. It always provides that if a part of law made is against the Fundamental Rights, that part would be declared as void. If the void part cannot be separated from the main act, the whole act may be declared as void.  

In the case of Keshvanand Bharti v. State of Kerela , the apex court observed: “The Universal Declaration of Human Rights may not be a legally binding instrument but it shows how India understood the nature of human rights at the time the Constitution was adopted.”

In the case of Chairman, Railway Board & Ors. v. Chandrima Das & Ors. , it was observed that UDHR has been recognized as Model code of conduct adopted by United Nations General Assembly. The principles may have to be read if needed in domestic jurisprudence.

Provisions of Universal Declaration of Human Rights along with corresponding provisions in Constitution of India are as follows:

Many of the civil and political rights contained in the International Covenant on Political and Civil Rights, 1966 (ICCPR) are also contained in the Part III of the Constitution of India. India has signed and ratified the ICCPR. 

In the case of Jolly George Varghese & Anr. v. Bank of Cochin , J. Krishna Iyer observed that though a provision is present in ICCPR but not in Indian Constitution, does not make the covenant an enforceable part of ‘Corpus Juris’ in India. 

Provisions of ICCPR along with corresponding provision of Constitution of India are as follows:

Some of the rights which were not earlier included in Fundamental Rights but were available in ICCPR. They were considered as Fundamental Rights by various judicial pronouncements. Some of them are Right to fair trial, Right to privacy, Right to legal aid, Right to travel abroad. I will be dealing with them in detail at the later part of this article.

International Covenant on Economic, Social and Cultural Rights (ICESCR) and Directive Principles of State Policy (Part IV of COI) 

The ICESCR is a multilateral treaty which mainly focuses on social and cultural rights like food, health, education, shelter etc. India ratified this covenant on April 10, 1979. Most of the provisions in this covenant are found in Part IV (DPSPs) of the Indian Constitution.  

Provisions of ICESCR along with corresponding provision of Constitution of India are as follows: 

Unremunerated Fundamental Rights 

A number of rights that were available in the covenant were not available as fundamental rights at the time of enactment of Constitution. The judicial interpretations have widened the scope of fundamental rights available in the Indian Constitution. 

In the court of A.D.M. Jabalpur v. Shivkant Shukla , the apex court had observed that the law of land does not recognize any natural or common law rights other than specifically provided in the Indian Constitution. 

Later, in the case of Maneka Gandhi v. Union of India , J. Bhagwati observed; “The expression ’personal liberty’ in article 21 is of the widest amplitude and it covers a variety of rights, which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under Article 19. No person can be deprived of his right to go abroad unless there is a law made by the State prescribing the procedure for so depriving him, and the deprivation is effected strictly in accordance with such procedure.”

After the present case, the apex court came up with the “theory of emanation” in order to make fundamental rights active and meaningful. Also, relaxation to the rule of ‘locus standi’ was given by the court. Some of the major judicial interpretations of Fundamental Right are as follows:

Conclusion 

Human Rights are the basic rights which form the essential part of his/her development as human being. Constitution acts as a protector of those basic rights as Fundamental Rights and DPSPs. More emphasis has been given to the fundamental rights and they are directly enforceable in the court of law. From a deep study of the Part III and Part IV of the Indian Constitution, it is easily evident that almost all of the rights provided in UDHR (Universal Declaration on Human Rights) are covered in these two parts.

Judiciary has also taken great steps such as relaxing rules of ‘locus standi’ and now any other person in place of the ones affected can approach Court. The apex court has interpreted the Fundamental Rights available to a citizen and now rights like right to privacy, right to clear environment, right to free legal aid, right to fair trail etc. also find place in the Fundamental Rights.

Saumendra Das and N.Saibabu (2014), “Indian Constitution: An Analysis of the Fundamental Rights and the Directive Principles”, ARS – Journal of Applied Research and Social Sciences, Vol.1, Issue.17, December 2014, ISSN 2350-1472″.

• Dr. Anant Kalse (2016), A brief lecture on “Human Rights in the Constitution of India”, available at: http://mls.org.in/books/H-2537%20Human%20Rights%20in.pdf .’

Students of  Lawsikho courses  regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:

https://t.me/lawyerscommunity

Follow us on  Instagram  and subscribe to our  YouTube  channel for more amazing legal content.

RELATED ARTICLES MORE FROM AUTHOR

Nawab khwaja muhammad khan vs. nawab husaini begum (1910), state of kerala & ors. vs. m/s mar appraem kuri company ltd. & anr. (2012), brijendra singh vs. state of m.p. and anr. (2008)   .

Best aricle

LEAVE A REPLY Cancel reply

Save my name, email, and website in this browser for the next time I comment.

3-Day Bootcamp (LIVE only) on

TURBOCHARGE YOUR LAW PRACTICE with AI as copilot

Register now

Thank you for registering with us, you made the right choice.

Congratulations! You have successfully registered for the webinar. See you there.

Human Rights and Fundamental Rights in Constitution of India

• Legal Blogs
• July 6, 2021

Human Rights in Constitution of India

The Fundamental Rights of India is similar to the human rights mentioned in Covenant on Civil and Political Rights, 1976 and Covenant on Economic, Social and Cultural Rights, 1976.

These rights are taken from many sources which include the English Bill of Rights, the American Bill of Rights and French Declaration of the Rights of Man which also happens to be the source of UDHR. Fundamental rights in India are the rights guaranteed under Part III (Articles 12-35) of the Constitution of India. There are six fundamental rights recognised by the Indian constitution:

• Articles 14-18: Right to equality,
• Articles 19-22: Right to freedom,
• Articles 23-24: Right against exploitation,
• Articles 25-28: Right to freedom of religion,
• Articles 29-30: Cultural and educational rights and
• Article 32 and 226: Right to constitutional remedies.

Relation between Human Rights in Constitution of India

The history of human rights can be traced thousand years ago from the various legal, cultural, religious and society development the world have gone through. There is proof of human rights evolving in various regimes. For example, during the time of Prophet Mohammed, he formulated Constitution of Medina in 622, and Magna Carta, 1215 which helped in the formation of various constitutional rights in UK, USA and France.

This is the origin of human rights. But these rights did not receive much importance and were violated multiple times because countries and rulers were more into conquering places and establishing their power. Such acts of the existing countries resulted in the World Wars. The International organisations such as League of Nations in 1919 helped in ending WWI but it failed to stop WWII. United Nations Organisations (UNO) established in 1945 helped in bringing peace which eventually led to an end of WWII.  Later, UNO worked for the worldwide development of rights which was known as Human rights.

As a result, UNO formulated Universal Declaration of Human Rights (UDHR) in 1948 which is based on certain documents and they are Magna Carta (1689), English Bill of Rights, the American Declaration of Independence, the American Bill of Rights, and the French Declaration of the Rights of Man and of the Citizen. UDHR was not legally binding on the States. As a result, they formed two covenants which is legally binding on the States and the covenants are as follows.

• Covenant on Civil and Political Rights, 1976
• Covenant on Economic, Social and Cultural Rights, 1976

Human Rights Vs. Fundamental Rights: Human Rights and Constitution of India

From the table below, it is understood that Human Rights under the Constitution of India are similar because they have been adopted from a common source and this explains the reflection of UDHR on the Fundamental Rights of India.

The Constitution of independent India came into force on 26th January. The impact of the Universal Declaration of Human Rights on drafting part III of the Constitution is apparent. India has acceded to the Universal Declaration of Human Rights as well as to the subsequent International Covenants of Economic, Social and Cultural rights and Civil & Political Rights adopted by the Central Assembly of the United Nations.

The Preamble to the Constitution declares India to be a Sovereign, Socialist, Secular and Democratic Republic. The term democratic denotes that the Government gets its authority from the will of the people. It gives a feeling that they all are equal irrespective of the race, religion, language, sex and culture.

The Preamble to the Constitution pledges justice, social, economic and political, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity and fraternity assuring the dignity of the individual and the unity and integrity of the nation to aid its citizens.

Fundamental Rights – enshrined in Part III of the Constitution have emerged from the doctrine of natural rights. Fundamental Rights are the modern name for what have been traditionally known as Natural Rights. The Natural Rights transformed into fundamen- tal rights operate as a constitutional limitation or a restriction on the powers of the organs set up by the Constitution or the State action.

Judicial Review, Justiciability or Enforcement became an insepa- rable concomitant of fundamental rights. As no right of freedom can be absolute, limitations have been imposed to each fundamen- tal right in the interest of securing social justice. Enforcement of fundamental rights can even be suspended or prevented in an emergency.

PROTECTION OF HUMAN RIGHTS- Education about Human Rights should become a part of the general public education.Technical and financial assistance should be provided to increase knowledge about human rights. Police members and security forces have to be trained to ensure the observation of human rights standards for law enforcement. Law that makes human rights violations illegal,should be created and existing law should be implemented. Policies and programs should be adopted to ensure people have access to their rights.

Proper reservations in politics and public life should be provided by the Government. Government should provide that women have the same rights as men regarding the nationality of their children. Government should work against the trafficking of women and exploitation of prostitution of women. To violate the most basic human rights; is to deny individuals their fundamental moral entitlements. It is, in a sense, to treat them as if they are less than human and undeserving of respect and dignity.

Recent Events of Violation of Human Rights under Constitution of India

Limits on free speech and attacks on religious minorities, often led by vigilante groups that claim to be supporters of the ruling Bharatiya Janata Party (BJP), are an increasing concern in India. In 2016, students were accused of sedition for expressing their views; people who raised concerns over challenges to civil liberties were deemed anti-Indian; Dalits and Muslims were attacked on suspicion they had killed, stolen, or sold cows for beef; and nongovernmental organizations (NGOs) came under pressure due to India’s restrictive foreign funding regulations. A crackdown on violent protests in Jammu and Kashmir beginning in July killed over 90 people and injured hundreds, fueling further discontent against government forces. Impunity for police and security forces largely continued amid new allegations of torture and extrajudicial killings, including reports of sexual assault and other abuses by security forces in the central Indian state of Chhattisgarh.

Case laws dealing with Human Rights in Indian Constitution

The following cases highlight few instances where human rights were the base for formulating landmark decisions. It is necessary to protect the rights of women, transgender, LGBTQ, etc. The legal world should meet the needs and demand of public accordingly as the world is not static.

MC Mehta v. Union of India (1986)

This is a landmark case that highlighted the concept of Right to Life. This case is about the escape of Oleum gas from Shriram Food and Fertilisers Ltd at Delhi. This case got its momentum because it happened after one year of Bhopal Gas Tragedy and it was the need of the hour to formulate a new law so that none of them escapes liability. Hence, absolute liability was established. This extended also the scope of Article 21 and Article 32.

Air India v Nargesh Meerza (1981)

In Air India v Nargesh Meerza , regulations 46 and 47 of the Air India Employees Service Regulations were challenged. These Service Regulations created major differences in the salaries and designation of male and female in-flight cabin crew. The male cabin crew were referred to as “Air Flight Pursers” and the female cabin crew as Air Hostesses.

According to Regulation 46, Flight Pursers have a retirement age of 58 years. Air Hostesses were required to retire on the grounds of marriage, first pregnancy or 35 years of age, whichever occurred earlier. According to Regulation 47, it was under the discretion of the Managing Director to extend a person’s job. Such regulations were violative of Article 14, 15(1) and 16(2)

Naz foundation v. Govt of NCT of Delhi and Ors (2009)

A PIL was filed before the Court by Naz for the Rights of LGBTs because sexual acts between same sex were considered to be an offence under Sec 377 of IPC. Naz considered this as violative of Article 14, 15, 19 and 21 of the constitution. This case was filed due to the continued discrimination of the gay and transgender community in India.

Here, the Court stated that the part which decriminalised consensual homosex was unconstitutional and stressed upon the importance of upholding the values of equality, tolerance and inclusiveness in Indian Society. But this judgment was overruled in 2013 by the Supreme Court of India.

NALSA v. Union of India (2014)

This is a landmark decision where the Supreme declared transgender people as the ‘third gender’. Transgender will also be able to enjoy the fundamental rights granted under the Constitution of India and gave them the right to self-identification of their gender as male, female or third gender. Moreover, the court also held that transgender are minorities so they were granted reservations in admissions to educational institutions and jobs.

Navtej Singh Johar v. Union of India (2018)

This case finally settled the position of Sec.377 and stated that this section is violative of the rights enshrined under Article 14, 15, 19 and 21. This case decriminalised consensual sex between consenting adults.

Joseph Shine v. Union of India (2018)

A writ petition was filed under Article 32 challenging the constitutional validity of Section 497 of IPC read with Section 198 of CrPC being violative of Article 14, 15 and 21.

Authors- Silpa Ann Koshy (kristu jayanti law college) & Allapureddy vaishnavi (ICFAI foundation for higher education)

You might like

Can Digital Evidence from Dating Apps Prove Consent in Indian Courts?

How to Register a Will in India

Women Empowerment and Gender Justice

Leave a reply cancel reply.

Your email address will not be published. Required fields are marked *

Name  *

Email  *

Add Comment  *

Post Comment

Values, Rights, Duties And Responsibilities Of Indian Citizens

• Author(s): Journal of Legal Studies and Research
• Publication Date: September 16, 2020

Contents of this Post

Written by Neetu Jain

Advocate, Supreme Court of India

INTRODUCTION

The Preamble of our Constitution says, 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].

The preamble can be referred to as the preface which highlights the entire Constitution , makes it very clear that the ideals of the Constitution have to percolate to every citizen of India.

India has a glorious history of democracy since ancient times. Eminent historian, Shri K P Jayaswal stated that the concept of the republic system in ancient India is older than the Roman or Greek republican system. The ancient republics or Janpadas such as Vaishali, Kapilavastu and Mithila etc. and their constitutions are older than 600 BC, and are the foundation of constitutional democracy of India.

Since ancient times, people in India have followed the tradition of performing their duties without questioning about their rights and privileges. Since time immemorial, an individual’s “kartavya” — the performance of one’s duties towards society, his/her country and his/her parents was emphasized. Describing the role of a king, at one place the greatest King Chandra Gupta Maurya’s Guru Chanakya, had stated that “It is a king’s utmost duty to look after the progress and welfare of the people of his country”.

Since time immemorial people in India has believed in the concept that Work is worship, thus emphasizing on one’s duty which means that if every individual performs their duties with sincerity, then it amounts to a worship mechanism. Here it is important to mention that Rig Veda talks about fundamental values which include harmony, tolerance, righteousness, respect for nature, and respect for the (unseen) supreme.

Bhagwad Gita and Ramayana also speak that an individual should perform their duties. In the Bhagwad Gita, Lord Krishna said that everyone should do their duties without expecting anything. Mahatma Gandhi once said that “I have learnt my duties in my mother’s lap, she was an illiterate woman but knew what was my dharma”. The beauty of this ancient thought is that the performance of duty protects our right and rights cannot be divorced from duties. Swami Vivekananda once rightly said, “it is the duty of every citizen to contribute and participate in the development and progress of India”.

RIGHTS OF PERSONS

In accordance with the ideals of the Preamble, the Fundamental Rights of Person have been ensured in Part III (Article 14- 32) of the constitution. These rights are applied irrespective of race, place of birth, religion, caste, creed, or gender. They are enforceable by the courts, subject to specific restrictions. They can broadly be classified as:

-Right to Equality (Article 14 – Article 18)

-Right to Freedom (Articles 19 – Article 22)

-Right to Education (Article 21A).

-Right against Exploitation (Articles 23 – Article 24)

-Right to Religion (Articles 25 – Article 28)

-Right to Culture and Education (Articles 29 – Article 30)

-Right to Constitutional Remedies (Article 32): In order to ensure that the Rights of Persons are protected, any person who believes that his rights have been affected by the actions of State has the right to move to the Supreme Court or High Court for enforcement of his rights and the Supreme Court and High Courts have the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

DUTIES AND RESPONSIBILITIES OF INDIAN CITIZEN

PART IVA FUNDAMENTAL DUTIES 51A. 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 and the National Anthem; (b) to cherish and follow the noble ideals which inspired our 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; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

If we minutely study all the provisions of our Constitution, we find that very significant feature of our Constitution is that it balances citizens’ rights and duties. These are some social factors which have been grown with time, tradition and usage. The citizen’s duties as are enshrined with Constitution are important as a codification of such duties are an integral part of every citizen of India, which focus on tolerance, peace and communal harmony. A close look of the provision of Article 51A of the Constitution, indicate that a number of provisions refer to human values, which have been part of Indian tradition, mythology, religion and practices.

The chapter on Fundamental Rights in the Constitution itself recognizes the essence of duties. If we look at Article 19 which pertains to freedom of speech, we find that Clause 2 to 6 of the same article put some reasonable restrictions on the exercise of such rights in the interest of the sovereignty and integrity of India, and the security of the state, public order, decency and morality. Similarly, w.r.t other articles of part III of our Constitution. This implies that while exercising rights one must remember one’s duties towards these constitutional Rights.

No democratic polity can ever succeed where the citizens are concerned only about their rights and are not willing to actively participate in the process of assuming responsibilities, discharging their duties and strive to give their best in the interest of their nation. There are three things which build a nation. The first is noble ideals. The second is the capability of the citizens for achieving these ideals. The third and very important is that the constant and intense effort made by each and every Indian citizen to strive for excellence and take his country forward and foremost and make proud in the world.

Mahatma Gandhi, while commenting on the performance of duties had once said that the true source of right is a duty. While emphasizing on duties he meant that if we perform our duties than rights will not be far, however, If we leave the duty unperformed, and run after rights, we will not be able to get the rights.

It can be undoubtedly stated that the rights flow from duties when well performed. Harold Laski, the great political philosopher once said that the rights are related to functions and are given only in return for some duties to be performed. Rights are conferred on the individuals not for their individual up-liftmen but also for social and collective good.

Citizen is one of the foundations of the country. They are entitled to enjoy all the legal rights and privileges granted by a state to the people encompassing its constituency and are obligated to obey its laws and to attain his or her duties as called upon.

A responsible citizen abides by all the laws of the country, in return they get rights. However, rights come with duties such as casting a vote, paying government taxes and protecting the country from any foreign invasion. Being a good and responsible citizen of the country, one must engage in activities or assist in tackling issues such as keeping the environment clean, raising money for charities, conserving electricity, water, and natural resources, or protecting public properties, etc.

CAN THE LEGISLATION AMEND/ ALTER THE FUNDAMENTAL RIGHTS OF AN INDIVIDUAL PROVIDED BY THE CONSTITUTION OF INDIA.?

Here it is important to sum-up by mentioning three important Judgments of the Supreme Court on the issue of Fundamental Rights and power of Parliament to amend the Constitution. They are Golaknath Vs State of Punjab (1967AIR 1643) , Additional District Magistrate (ADM), Jabalpur vs Shivakant Shukla (1976 2 SCC 521 , and   Kesavananda Bharati State of Kerala (1973 4 SCC 225).

  The Golaknath Case (1967AIR 1643) pertained to challenging acquisition of farmlands in Punjab under land ceiling laws and the petitioner therein contended attachment of lands denied them equality and equal protection as constitutionally guaranteed.  In this matter, the 11-judge bench examined its own five-judge verdict in a previous case ( Sankari Prasad vs Union of India ) when the court ruled that parliament has the right to amend any part of the constitution.

The Hon’ble Apex court in Golaknath Case reversed its previous verdict of Sankari Prasad vs Union of India, however with the rider of the doctrine of “prospective overruling”, and declared that parliament did not have the power to amend fundamental rights, in part or in whole. The court also ruled that despite it being the parliament’s duty to enforce the directive principles of state policy, this could not be done by altering fundamental rights.

In Additional District Magistrate (ADM), Jabalpur vs Shivakant Shukla(1976 2 SCC 521) , popularly known as the Habeas Corpus case, which was decided by the  Supreme Court on April 28, 1976, by a bench of five judges, wherein the Hon’ble Supreme Court by majority held that  “In view of the Presidential Order dated 27 th June 1975 no person has any locus to move any writ petition under Article 226 before a High Court for habeas corpus or any other writ or order or direction to challenge the legality of an order of detention on the ground that the order is not under or in compliance with the Act or is illegal or is vitiated by mala fides factual or legal or is based on extraneous considerations.” The presidential order referred to in the conclusion of the judgment had declared that any right under Article 14,21, & 22 of the constitution of any person and all proceedings pending in any court for the enforcement of those rights would remain suspended during the Emergency was in force.

However, Justice Khanna, (one of the Judges of the Bench) in his dissent, held that  “ Article 21  cannot be considered to be the sole repository of the right to life and personal liberty. Sanctity of life and liberty was not something new when the constitution was drafted, and the principle that no one shall be deprived of his life and liberty without the authority of law was not the gift of the constitution, Justice Khanna declared.” Therefore, he reasoned that even in the absence of Article 21 in the constitution, the state has got no power to deprive a person of his life or liberty without the authority of law. It is important to note here that the later pronouncements of Supreme Court, on Article 21, of makes it clear that the dissenting opinion of the minority Judge, Justice Khanna is the way forward.

Kesavananda Bharati v State of Kerala ( 1973 4 SCC 225 ) , Judgment wherein one main question: was the power of Parliament to amend the Constitution unlimited? In other words, could Parliament alter, amend, abrogate any part of the Constitution even to the extent of taking away all fundamental rights?

On April 24, 1973, Chief Justice Sikri and 12 judges of the Supreme Court assembled to deliver the most important judgment in its history. Article 368(pertaining to the power of the Parliament to amend provisions of Constitution), on a plain reading, did not contain any limitation on the power of Parliament to amend any part of the Constitution. There was nothing that prevented the Parliament from taking away a citizen’s right to freedom of speech or his religious freedom. However, on account of Article 32, Supreme Court of India rose to the occasion and though 703-page judgment revealed a sharply divided court and, by a wafer-thin majority of 7:6, overruled the Golaknath  verdict and gave back to the parliament the right to amend the Constitution.  It was held that Parliament could amend any part of the Constitution so long as it did not alter or amend “the basic structure or essential features of the Constitution.” This was the inherent and implied limitation on the amending power of Parliament. Thus, the Judgment ensured that the Parliament can amend any part of the Constitution or impose any reasonable restriction on the rights of the people so long as it does not alter or amend the basic structure or essential feature of the Construction.

• Insights IAS Brochure |
• OUR CENTERS Bangalore Delhi Lucknow Mysuru --> Srinagar Dharwad Hyderabad

Call us @ 08069405205

Search Here

• An Introduction to the CSE Exam
• Personality Test
• Annual Calendar by UPSC-2025
• Common Myths about the Exam
• About Insights IAS
• Our Mission, Vision & Values
• Director's Desk
• Meet Our Team
• Our Branches
• Careers at Insights IAS
• Daily Current Affairs+PIB Summary
• Insights into Editorials
• Insta Revision Modules for Prelims
• Current Affairs Quiz
• Static Quiz
• Current Affairs RTM
• Insta-DART(CSAT)
• Insta 75 Days Revision Tests for Prelims 2024
• Secure (Mains Answer writing)
• Secure Synopsis
• Ethics Case Studies
• Insta Ethics
• Weekly Essay Challenge
• Insta Revision Modules-Mains
• Insta 75 Days Revision Tests for Mains
• Secure (Archive)
• Anthropology
• Law Optional
• Kannada Literature
• Public Administration
• English Literature
• Medical Science
• Mathematics
• Commerce & Accountancy
• Monthly Magazine: CURRENT AFFAIRS 30
• Content for Mains Enrichment (CME)
• InstaMaps: Important Places in News
• Weekly CA Magazine
• The PRIME Magazine
• Insta Revision Modules-Prelims
• Insta-DART(CSAT) Quiz
• Insta 75 days Revision Tests for Prelims 2022
• Insights SECURE(Mains Answer Writing)
• Interview Transcripts
• Previous Years' Question Papers-Prelims
• Answer Keys for Prelims PYQs
• Solve Prelims PYQs
• Previous Years' Question Papers-Mains
• UPSC CSE Syllabus
• Toppers from Insights IAS
• Testimonials
• Felicitation
• UPSC Results
• Indian Heritage & Culture
• Ancient Indian History
• Medieval Indian History
• Modern Indian History
• World History
• World Geography
• Indian Geography
• Indian Society
• Social Justice
• International Relations
• Agriculture
• Environment & Ecology
• Disaster Management
• Science & Technology
• Security Issues
• Ethics, Integrity and Aptitude
• Insights IAS Brochure

• Indian Heritage & Culture
• Enivornment & Ecology

To bring in a balance between individual and societal rights, the Fundamental Rights in India have been rendered qualified, and not absolute. Analyse.

Topic: Indian Constitution– historical underpinnings, evolution, features, amendments, significant provisions and basic structure

3. To bring in a balance between individual and societal rights, the Fundamental Rights in India have been rendered qualified, and not absolute. Analyse. (250 Words)

Difficulty Level: Moderate

Reference: Polity by M. Laxmikanth

Why the question: The question is part of the static syllabus of General studies paper – 2 and mentioned as part of Mission-2022 Secure timetable Key Demand of the question: The limited nature of Fundamental rights in India, and how balance is ensured between their absolute and qualified nature Directive word: Analyse – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary.   Structure of the answer: Introduction: Brief on qualified nature of fundamental rights in India Body: First, elaborate on the need to balance societal and individual rights As the directive is to analyse, take up each fundamental right, and elaborate upon its absolute yet limited nature. Mention the related interpretation by the Judiciary as well if any, to curtail/extend the nature of fundamental rights Conclusion: A relevant summarising statement

• Our Mission, Vision & Values
• Director’s Desk
• Commerce & Accountancy
• Previous Years’ Question Papers-Prelims
• Previous Years’ Question Papers-Mains
• Environment & Ecology
• Science & Technology

Indian Constitution: An Analysis of the Fundamental Rights and the Directive Principles

ARS - Journal of Applied Research and Social Sciences, Vol.1, Issue.17, December 2014, ISSN 2350-1472

9 Pages Posted: 10 Apr 2015

Das Saumendra

GIET UNIVERSITY

Aditya Institute of Technology & Management

Date Written: 2014

The aim of the paper is insight on the constitution of India is based on the principles of liberty, equality, fraternity and justice. For achieving aim we have undertaken a concise study of all the journals and books which are linked with the provisions of the constitution manifest great respect for human dignity, commitment to equality and non-discrimination and concern for the weaker section in society. Further, the constitution makes it mandatory for the Government to protect and promote freedoms, and to assure every citizen a decent standard of living. In other words, the Indian Constitution guarantees the basic human rights to every citizen of India. This paper dealt with general Constitutional Laws of India and the amendments made into Constitution of India. The paper also reveals about the schemes for realization of the above mentioned goals are contained in the Fundamental Rights enshrined in Part III and Part IV of the Constitution. The right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, right to constitutional remedies and special provisions relating to certain classes are some of the constitutional provisions ensuring human rights.

Suggested Citation: Suggested Citation

Saumendra Das (Contact Author)

Giet university ( email ).

Gunupur Rayagada, OR Odisha 765022 India

Aditya Institute of Technology & Management ( email )

K. Kottur Tekkali Srikakulam, Andhra Pradesh 532201 India

Do you have a job opening that you would like to promote on SSRN?

Paper statistics, related ejournals, social & political philosophy ejournal.

Subscribe to this free journal for more curated articles on this topic

Political Economy - Development: Political Institutions eJournal

Subscribe to this fee journal for more curated articles on this topic

• Current Issue
• Arts & Culture
• Social Issues
• Science & Technology
• Environment
• World Affairs
• Data Stories
• Photo Essay
• Newsletter Sign-up
• Print Subscription
• Digital Subscription
• Digital Exclusive Stories

• CONNECT WITH US

A.G. Noorani (1930-2024): A polymath passes on

“ghafoorbhai” was one of the sharpest minds on constitutional law. he leaves behind a vast legacy of legal scholarship and incisive journalism..

Published : Aug 30, 2024 11:43 IST - 9 MINS READ

READ LATER SEE ALL Remove

A. G. Noorani in New Delhi on April 23, 2010. | Photo Credit: SUDERSHAN V

Scholar, lawyer, biographer, historian, and political commentator: this is how many would describe Abdul Ghafoor Majeed Noorani, who passed away at his home in Mumbai on August 29 at the age of 93.

Noorani or Ghafoorbhai, as he was more popularly known, was a polymath and much more. One of the sharpest minds on constitutional law and a prolific writer on a range of subjects, he had a deep sense of justice and was committed to secularism, equity, and progressive ideas. His repertoire of writing spanned domestic politics, jurisprudence as well as international relations, contemporary as well as historical.

A former Supreme Court lawyer, he had practised in the Bombay High Court as well. He wrote for many leading publications including The Hindustan Times , The Hindu , Frontline , Economic and Political Weekly, and Dainik Bhaskar . His regular and well-researched columns in Frontline were a repository of information and insight. He wrote extensively on Kashmir in a range of publications, using archival material to substantiate his arguments. He also wrote about the process leading to the Partition of India , which he described as “one of the ten greatest tragedies in human history”.

Also Read | A.G. Noorani (1930-2024): Eminent constitutional expert and prolific writer is no more

N. Ram, Director of The Hindu Group of Publications, recalled his long association with Noorani. In a warm tribute to the late scholar, he said: “Ghafoor Noorani was a journalist’s journalist; erudite, versatile, brave, fiercely independent—and inexhaustibly productive on issues that matter. He was rock-like in his belief in citizens’ rights and especially freedom of speech and expression. Thanks to his knowledge and experience as a respected lawyer, he was able to push the exercise of this freedom right up to the limits prescribed by India’s quite illiberal free speech jurisprudence, without ever getting the publication into trouble.”

Ram added that Noorani did original research and wrote learned columns and books on a wide range of subjects, including the Kashmir dispute (1947-2012), Article 370, the India-China boundary problem, the RSS and the BJP, Savarkar and Hindutva, the Babri Masjid , ministerial misconduct, and the rights of citizens. “Ghafoor was a long-standing and highly valued contributor to Frontline . He would fight for space, planned his contributions in advance, and could always be relied on to deliver his copy on deadline. I think he took it as a personal defeat if he ever missed contributing to an issue. Ghafoor was a wonderful friend. He lived a full life and Indian journalism is demonstrably poorer for his passing,” Ram said.

Former Vice President of India Hamid Ansari described Noorani as “one of the most remarkable personalities of our era”. Noorani, he said, was “a lawyer by profession but his work exceeded that of a normal lawyer”. Recalling Noorani’s body of work, Ansari said that he specialised in matters of international relations, especially India-Pakistan matters in which he did excellent work. Ansari, who had a close friendship with the late scholar, shared some interesting facets. Noorani, he said, was respected but not necessarily liked by the political leaderships and intellectuals, on both sides of the divide.

Also Read | Farce of prosecution leaves innocent Muslims as victims

“Yet the work that he did and the books he wrote on the subject will remain unique. His set of articles on the Kashmir dispute ended up in two volumes. But more than that, his diligent research will always remain unique. In his passing, we have lost a great personality. One of his last works was a book on Babri Masjid, on which he had already written enough,” said Ansari.

He recalled some personal anecdotes too. Noorani, he said, loved coming to Delhi and his room at the India International Centre was known and marked. “He was fond of good food and that is how our friendship started decades ago when he would induce me to join him in Old Delhi’s restaurants. He was a great friend. His memory of facts, not just about India-Pakistan, was remarkable. Statesmen on both sides of the border did not necessarily like him but respected him,” he said.

With a deep sense of justice, Noorani was known as an authority on international relations especially India-Pakistan matters, disputes relating to Kashmir, etc. | Photo Credit: By Special Arrangement

Noorani authored a number of books including The Kashmir Dispute — 1947-2012 , Article 370: A Constitutional History of Jammu and Kashmir, Constitutional Questions in India , Ministers’ Misconduct , The Presidential System, Brezhnev’ Plan for Asian Security, The Trial of Bhagat Singh, The Destruction of Hyderabad, and The Babri Masjid Question . He authored the biographies of Badruddin Tyabji and Zakir Husain. In his later years, his association with LeftWord Publications led to several more books: The RSS and the BJP: A Division of Labour , Islam and Jihad , Savarkar and Hindutva: The Godse Connection, and The RSS: A Menace to India .

Noorani had a deep sense of justice and a belief that successive governments at the Centre had not dealt with the Kashmir question fairly. In his capacity as a lawyer, Noorani put up a legal defence of Sheikh Abdullah, who was jailed for 11 years by the then-Congress leadership. Abdullah was the first Prime Minister of Jammu and Kashmir. He was ousted from office in 1953. In an article titled “The Sheikh versus the Pandit: The roots of the Kashmir Dispute” published in 2016 on the website KashmirConnected, Noorani was unsparing in his criticism of Jawaharlal Nehru and his treatment of Abdullah. When Article 370 was finally abrogated in 2019 by the Modi -led government, Noorani called it “deceitful” and “unconstitutional.” He was not one to mince words. He wrote several articles decrying the abrogation, the propriety and the legality of the act and the destruction of the state’s autonomy in the process.

Article 370: A Constitutional History of Jammu and Kashmir by A.G. Noorani. | Photo Credit: By Special Arrangement

In Article 370: A Constitutional History of Jammu and Kashmir , there are sections where Noorani reproduced the correspondence between Abdullah and Prime Minister Indira Gandhi that showed a complete disregard for popular will by the then Central government. The book is replete with rare and hitherto unreported correspondence between the major political protagonists of that period. The erosion of Article 370 had begun long back as some of the correspondence and other memoranda cited seem to indicate. Just as Noorani’s defence of Abdullah created legal history, his defence of M. Karunanidhi in the Bombay High Court was a much-talked-about event.

Political leaders across the spectrum recalled his contributions and mourned his demise. Former Rajya Sabha MP and Politburo member of the CPI(M), Brinda Karat, described him as a towering intellectual and author, who through his numerous publications based on meticulous research, laid bare the toxic working of the RSS, its ideology, and its links with the BJP. “He served the cause of secularism and truth in every word he wrote. His work will endure”, she said. Other leaders to pay tribute to him included National Conference leader Omar Abdullah, All India Majlis-e-Ittehadul Muslimeen chief Asaduddin Owaisi.

Noorani focussed on the trajectory that India was taking, the growth of right-wing conservatism and Hindutva politics, and the attack on liberal ideas, free speech, and expression. | Photo Credit: By Special Arrangement

Managing editor of LeftWord Books, Sudhanva Deshpande recalled his own experience of working with Noorani. “Reading A.G. Noorani was to be educated in the skill of making a cogent, persuasive, watertight argument; publishing him was to be schooled in the art of combining rigorous fact-checking with elegant prose. At LeftWord, we were honoured to publish four books by Mr Noorani, and I was privileged to have been his editor. Personally, I will remember Ghafoorbhai as a man of great decency and old-world charm; someone who, in befriending me, cast aside hierarchies of age and stature with disarming ease. Above all, what will stay with me is the memory of our visits to various roadside chaatwallahs every time he visited Delhi. If ever there was a chaat connoisseur, it was Ghafoorbhai,” said Deshpande.

The subjects Noorani chose reflected a concern with major developments, both within and outside the country. He was particularly concerned with the trajectory that India was taking, the growth of right-wing conservatism and Hindutva politics, and the attack on liberal ideas, free speech, and expression. He was, as one journalist described him fondly, an eccentric genius. Colleagues at Frontline recall that he made his aversion known to the use of first the typewriter and then the computer early on. He used to write in longhand and the manuscripts would run into reams of paper. That was Noorani.

Lyla Bavadam, formerly with Frontline, was in touch with him in Mumbai over the years. She said Noorani used to say that he thought best with pen and paper. “The first draft, used to be a horrifying sight but it was also a brilliant look into his precise mind. He sought and found the right word, thought, and emotion. In fact, he was as relentless about good writing as he was about facts. His determination in seeking out the tiniest bit of information put you in awe of him. His whole life was writing. At least in his later years, writing was his life. Even his helper, Qayyum, used to say “ Saab, likhe bagair khaana nahi kha sakte hain” (Sahib cannot have a meal without having done his writing). He enjoyed the company of all sorts as long as there was intellect and courtesy. His own manners had the grace of another era but he could cut down people he disliked. There were no greys with him. It was all black or white,” she said.

“The loss of Ghafoor Noorani is a severe blow to the intellectual discourse on contemporary India.” Prabhat Patnaik Economist

Eminent economist and academician Prabhat Patnaik also shared his memories of Noorani. “I first came across Ghafoor Noorani’s writings in the  Economic & Political Weekly , and met him personally later when he published through LeftWord Books with which I was then associated. One could always rely absolutely on the veracity of the information contained in his writings; in fact, in this sense, he stood apart from literally everyone else. This trait was as much a result of the meticulousness of his research, as of his honesty and dispassionateness as a scholar, and of the immense effort that went into everything he wrote. The loss of Ghafoor Noorani is a severe blow to the intellectual discourse on contemporary India,” he said.

Noorani may have had a longer and a fuller life than most are privileged to enjoy. But precisely for that reason, and because of the immense body of work he produced, his passing seems to be too early. It is unlikely that there will be another Noorani.

CONTRIBUTE YOUR COMMENTS

SHARE THIS STORY

Stories that help you connect the dots

Politics over the purse

Editor’s Note: The Centre is stripping States of their fiscal rights

• Bookmark stories to read later.
• Comment on stories to start conversations.
• Subscribe to our newsletters.
• Get notified about discounts and offers to our products.

Terms & conditions   |   Institutional Subscriber

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide to our community guidelines for posting your comment