Constitutional Law — Fundamentals

Preamble — Identity of the Constitution

"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, Political

LIBERTY — of thought, expression, belief, faith and worship

EQUALITY — of status and opportunity

FRATERNITY — assuring dignity of the individual and unity and integrity of the Nation..."

Key words added by 42nd Amendment (1976): Socialist, Secular, Integrity

Legal status of Preamble: Not enforceable in court but is a key to understanding constitutional intent. Part of Constitution but cannot override specific provisions (Berubari Union case 1960, Kesavananda Bharati 1973).

Article 12 — Definition of "State"

For enforcement of FRs, "State" includes:

•Government of India and Parliament

•Government and Legislature of States

•All local or other authorities within India

•Authorities under control of Government of India

Why matters: FRs are only against the "State" — not private parties. BCCI, Clubs, Private Companies generally not "State" unless they discharge public functions.

Article 13 — Laws Inconsistent with FRs

•Pre-constitutional laws (void to the extent inconsistent with FRs)

•Future laws made in violation of FRs are void

•"Law" includes ordinances, orders, bye-laws, rules, regulations, notifications, customs

This gives courts the power of Judicial Review over legislation.

Article 21 — Expanded Scope

Post Maneka Gandhi (1978): Procedure must be:

•Just — not arbitrary

•Fair — reasonable

•Reasonable — not oppressive

Rights read into Art 21 by courts:

•Right to live with human dignity

•Right to livelihood

•Right to health and medical care

•Right to education (now Art 21A)

•Right to privacy (K.S. Puttaswamy, 2017)

•Right to speedy trial

•Right to legal aid

•Right against solitary confinement

Article 32 — Writs in Detail

Writ	Meaning	Used When

|------|---------|----------|

Habeas Corpus	"Produce the body"	Illegal detention, unlawful arrest
Mandamus	"We command"	Public authority fails to perform duty
Prohibition	Forbid	Inferior court exceeds jurisdiction
Certiorari	"To be certified"	Quash inferior court's order for error/excess
Quo Warranto	"By what authority"	Challenge to a person holding public office

Art 32 (SC) vs Art 226 (HC): HC has wider jurisdiction — can issue writs even for non-FR violations (any legal right). SC only for FR violation. But SC writ is enforceable nationwide.

Separation of Powers

India does not have strict separation (unlike USA) but functional separation:

•Legislature: Parliament (Lok Sabha + Rajya Sabha) + State Legislatures

•Executive: President, PM, Cabinet, Civil Services

•Judiciary: SC, HCs, District Courts + Tribunals

Checks and balances:

•President can send bills back (except money bills)

•Parliament can impeach President/SC judges

•SC/HCs can strike down unconstitutional laws (judicial review)

Parliamentary System Features

•PM is head of government (President is nominal head)

•PM must have confidence of Lok Sabha

•Cabinet collectively responsible to Lok Sabha

•No fixed term for PM — continues as long as LS confidence

•President acts on aid and advice of Cabinet (Art 74)

President vs Governor

	President	Governor

|-|-----------|---------|

Elected by	Electoral College (elected MPs + MLAs)	Appointed by President
Term	5 years	5 years (pleasure of President)
Oath administered by	Chief Justice of India	Chief Justice of HC
Can be removed	Impeachment (Art 61)	At will of President
Discretionary powers	Very limited	Can reserve bill for President, appoint CM in hung Assembly