Name Submitted To

Semester Ms. Priyanka Ghai

Section
Session
Enrollment No.
This project was completed under the, able guidance of Ms.
Priyanka Ghai. Her continuous efforts and guidance made this
project successful. This project helped me in understanding the
concepts of Constitutional Law in a better way. I thank Maam
for allotting me this wonderful project.
1. Introduction

2. History

3. Sources

4. Nature

5. Features

6. Important Cases

7. Bibliography
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. It is the longest written constitution of any sovereign country in the
world, containing 448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments
(out of 120 Constitution Amendment Bills). Besides the English version, there is an official
Hindi translation. Dr. Bhimrao Ramji Ambedkar is widely regarded as the father of the
Indian Constitution.
The Constitution follows parliamentary system of government and the executive is directly
accountable to the legislature. Article 74 provides that there shall be a Prime Minister of
India as the head of government. It also states that there shall be a President of India and
a Vice-President of India under Articles 52 and 63. Unlike the Prime Minister, the President
largely performs ceremonial roles.
Previous Legislations

Government of India Act 1858

After the Indian Rebellion of 1857, the British Government took direct control of territories
formerly ruled by the English East India Company. To calm down the after effects of 1857
revolt, the Act of 1858 was introduced. This act abolished East India Company and transferred
powers towards the British crown to establish direct rule. The Provisions of the bill are:

Provision for the creation of an Indian Civil Service under the control of the Secretary of
State.

The Crown was empowered to appoint a Governor-General and the Governors of the
Presidencies.

The Company's territories in India were to be vested in the Queen, the Company ceasing to
exercise its power and control over these territories. India was to be governed in the Queen's
name.

All the property of the East India Company was transferred to the Crown. The Crown also
assumed the responsibilities of the Company as they related to treaties, contracts, and so forth.

The Queen's Principal Secretary of State received the powers and duties of the Company's
Court of Directors. A council of fifteen members was appointed to assist the Secretary of State
for India. The council became an advisory body in India affairs. For all the communications
between Britain and India, the Secretary of State became the real channel.

Abolition of double government.

Indian Councils Act 1861

Indian Councils Act 1861 enacted by Parliament of the United Kingdom that transformed
the Viceroy of India's executive council into a cabinet run on the portfolio system. This cabinet
had six "ordinary members" who each took charge of a separate department in Calcutta's
government: home, revenue, military, law, finance, and (after 1874) public works.
Indian Councils Act 1861 is an essential landmark in the constitutional and political good
reputation for India. The 1861 Act restored the legislative power taken away by the Charter
Act of 1833. The legislative council at Calcutta was given extensive authority to pass laws
for British India as a whole, while the legislative councils at Bombay and Madras were given
the power to make laws for the "Peace and good Government" of their respective
presidencies.The Governor General was given the power to create new provinces for
legislative purposes. He also could appoint Lt. Governors for the same. Its features are:

Indians were involved with law-making process. For this purpose, viceroy nominated the Raja
of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.

Decentralization of legislative powers.

Establishment of recent legislative councils in Bengal, NWFP and Punjab in 1862, 1866 and
1897 respectively.

Introduction of portfolio system.

It empowered the Viceroy to issue ordinances with no concurrence of the legislative council
throughout an emergency. The life of such an ordinance was 6 months.

Indian Councils Act 1892

Enacted due to the demand of the Indian National Congress to expand legislative council, the
number of non-official members was increased both in central and provincial legislative
councils the non official members of Indian legislative councils were henceforth to be
nominated by Bengal chamber of commerce and provincial legislative council. In 1892, the
council consisted of 24 members, only five being where Indians. Its features are:

Power discussing budget to legislative councils.

It deliver to the nomination of some non official people in the central legislative council
through the viceroy on the recommendation of the provincial legislative councils which of the
provincial legislative councils through the governors on the recommendations of the district
boards, municipalities, universities, trade associations, zamindars and chambers.
Indian Councils Act 1909

Indian Councils Act 1909 commonly known as the Morley-Minto Reforms, was an Act of
the Parliament of the United Kingdom that brought about a limited increase in the involvement of
Indians in the governance of British India. The Act of 1909 was important for the following
reasons:
It effectively allowed the election of Indians to the various legislative councils in India for the first
time. Previously some Indians had been appointed to legislative councils.
The introduction of the electoral principle laid the groundwork for a parliamentary system even
though this was contrary to the intent of Morley.
Muslims had expressed serious concern that a first past the post electoral system, like that of
Britain, would leave them permanently subject to Hindu majority rule. The Act of 1909 stipulated,
as demanded by the Muslim leadership.
The Act amended the Indian Councils Acts of 1861 and 1892.Its features are:

The maximum number of nominated and elected members of the Legislative Council at the centre
was increased from 16 to 60. The number did not include ex-officio members.

The right of separate electorate was given to the Muslims.

Official members were to form the majority but in provinces non-official members would be in
majority.

The members of the Legislative Councils were permitted to discuss the budgets, suggest the
amendments and even to vote on them; excluding those items that were included as non-vote items.
They were also entitled to ask supplementary questions during the legislative proceedings.

The Secretary of State for India was empowered to increase the number of the Executive Councils
of Madras and Bombay from two to four.

Two Indians were nominated to the Council of the Secretary of State for Indian Affairs.
Government of India Act 1919

After World War I, the British Government opened the door for Indians to public office and
employment. The Provisions of the bill are:

Relaxation of central treatments for the provinces by demarcating and separating the central and
provincial subjects.

It further divided the provincial subjects into two parts transferred (That have been administered
by governor by the help of ministers who are responsible to legislative council) and reserved (that
have been to be administered by the governor and the executive council without being responsible
towards the legislative council).

Introduction of diarchy, Bicameralism, direct elections and establishment of central public service
commission in 1926.

Franchise was granted to some limited people on foundation of property, tax and education.

Separation of central budget from provisional budget.

Appointment of statutory commission.

Government of India Act 1935

The provisions of the Government of India Act 1935, though never implemented fully, had a
great impact on the Constitution of India. Many key features of the constitution are directly taken
from this Act. It is really a lengthy and detailed document having 321 sections and 10 schedules.
The majority of the today's constitution has drawn from this. Its features are:

It delivers to the establishment of an All India Federation. The previous names transferred and
reserved subjects are changed as federal and provincial lists and concurrent list is definitely an
addendum.

Abolition of Diarchy and introduced provincial autonomy.

Abolition of Council Asia.

Establishment of RBI, federal court, Provincial PSUs and Joint PSUs.

Extension of bicameralism, communal representation and franchise.

The federal structure of government, provincial autonomy, a bicameral central legislature

consisting of a federal assembly and a Council of States and the separation of legislative powers
between the centre and states are some of the provisions of the Act which are present in the
Constitution of India.
Indian Independence Act 1947

The legislation was formulated by the government of Prime Minister Clement Attlee and the
Governor General of India Lord Mountbatten, after representatives of the Indian National
Congress, the Muslim League, and the Sikh community came to an agreement with the Viceroy of
India, Lord Mountbatten of Burma, on what has come to be known as the 3 June
Plan or Mountbatten Plan. The Prime Minister of the United Kingdom announced on 20 February
1947 that:

1. British Government would grant full self-government to British India by June 1948 at the latest,

2. Partition of India and Pakistan.

3. The future of Princely States would be decided after the date of final transfer is decided.

4. Empowering of Constitution for the nations.

On 18 July 1947, British India divided into two new independent states, India and Pakistan, which
were to be dominions under the Commonwealth of Nations until they had each finished drafting
and enacted a new constitution. The Constituent Assembly was divided into two for the separate
states, with each new Assembly having sovereign powers transferred to it for the respective
dominion. The Act also terminated British suzerainty over the princely states, each of which was
left to decide whether to accede to one or other of the new dominions or to continue as independent
states in their own right.
On the 14 August 1947 meeting of the Assembly, a proposal for forming various committees
was presented. Such committees included a Committee on Fundamental Rights, the Union
Powers Committee and Union Constitution Committee. On 29 August 1947, the Drafting
Committee was appointed, with Dr B. R. Ambedkar as the Chairman along with six other
members assisted by a constitutional advisor. These members were Pandit Govind Ballabh
Pant Kanaiyalal Maneklal Munshi (K M Munshi, Ex- Home Minister, Bombay), Alladi
Krishnaswamy Iyer (Ex- Advocate General, Madras State), N Gopalaswami Ayengar (Ex-Prime
Minister, J&K and later member of Nehru Cabinet), B L Mitter (Ex-Advocate General, India), Md.
Saadullah (Ex- Chief Minister of Assam, Muslim League member) and D P Khaitan (Scion of
Khaitan Business family and a renowned lawyer). The constitutional advisor was Sir Benegal
Narsing Rau (who became First Indian Judge in International Court of Justice, 195054). Later B L
Mitter resigned and was replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara).
Owing to death of D P Khaitan, T T Krishnamachari was chosen to be included in the drafting
committee. A Draft Constitution was prepared by the committee and submitted to the Assembly
on 4 November 1947. Draft constitution was debated and over 2000 amendments were moved
over a period of two years. Finally on 26 Nov. 1949, the process was completed and Constituent
assembly adopted the constitution. 284 members signed the document and the process of
constitution making was complete.
The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years,
11 months and 18 days before adopting the Constitution, the 308 members of the Assembly
signed two copies of the document (one each in Hindi and English) on 24 January 1950. The
original Constitution of India is hand-written with beautiful calligraphy, each page beautified and
decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal
Bose. Two days later, on 26 January 1950, the Constitution of India became the law of all
the States and territories of India. Rs.1,00,00,000 was official estimate of expenditure on
constituent assembly. The Constitution has undergone many amendments since its enactment.
i. Government of India Act, 1935:
Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency
provisions, Administrative details.
ii. British Constitution:
Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet
System, Prerogative Writs.
iii. US Constitution:
Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachment of the
President, Removal of Supreme Court and High Court judges and post of Vice-President.
iv. Irish Constitution:
Directive Principles of State Policy, nomination of members to Rajya Sabha and method of
election of President, 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.
v. Canadian Constitution:
Federation with a strong centre, residuary powers with the centre, appointment of state
governors by the centre and advisory jurisdiction of the Supreme Court.
vi. Australian Constitution:
Concurrent List, Freedom of trade, commerce and intercourse joint sitting of the two Houses
of Parliament.
vii. Weimar Constitution:
Suspension of Fundamental Rights during Emergency.
viii. Soviet Constitution:
Fundamental duties, the ideal of justice (social, economic and political) in the Preamble.
ix. French Constitution:
Republic and the ideals of liberty equality and fraternity in the Preamble.
x. South African Constitution:
Procedure for amendment, the Constitution and election of the members of Rajya Sabha.
xi. Japanese Constitution:
Procedure established by law. The drafted Constitution was finally adopted on November 26,
1949.
Typically, democratic constitutions are classified into two categories - Unitary and Federal.
In a unitary constitution, all the powers are concentrated in a central authority. The states or
the constituents of the country are subordinate to such central authority. In a federal
constitution, powers are distributed among the centre and the states. States are not
subordinates of the centre. According to Prof. Wheare, the constitutions of USA, Australia,
and Switzerland are prime examples of a federal constitution.
Dr. Ambedkar has categorically said in Constituent Assembly discussions that
notwithstanding certain provisions that centralize the powers, Indian Constitution is
essentially federal. Prof. Wheare and some other academicians, however, are hesitant in
calling it a federal constitution and prefer to term it as "quasi-federal" or "federal with
strong centralizing tendency".

Though, it should be noted that even Prof. Wheare accepts the existence of certain
provisions in the American constitution, such as dependence of Senate on States, that are
contrary to federal character. However, he says that while the principles of federalism
should be rigid, the terminology of "federal constitution" should be wide. A constitution
should be called federal if it displays federal character predominantly.

The following are the defining features of federalism.

1. Distribution of Powers between centre and states.

2. Supremacy of the Constitution.
3. Written Constitution.
4. Rigidity of the Constitution.
5. Independent Judiciary.
All the above characteristics are present in the Indian Constitution. However, there are certain
provisions that affect its federal character.

1. Appointment of the Governor of a State

Art 155 and 156 provide that the Governor, who is the constitutional head of a State, is to be
appointed by the President and stays only until the pleasure of the President. Further, that the
Governor can send the laws made by the state for assent from the President, who can veto the
law.
It should be noted that Governor is only a ceremonial held and he works on the advice of council
of ministers. In past 50 yrs, there has been only one case (re Kerala Education Bill), where
amendments to a state law were asked by the centre and that too after the opinion of the Supreme
Court. Thus, it does not tarnish the federal character and states are quite free from outside
control.

2. Power of the parliament to make laws on subjects in the State list.

Under art 249, centre is empowered to make laws on subjects in the state list. On the face of it, it
looks a direct assault on the power of the states. However, this power is not unlimited. It is
exercised only on the matters of national importance and that too if the Rajya Sabha agrees with
2/3 majority. It should be noted that Rajya Sabha is nothing but the representative of the states.
So an approval by Rajya Sabha means that States themselves are giving the power to the centre
to make law on that subject.

3. Power to form new states and to change existing boundaries

Under Art 3, centre can change the boundaries of existing states and can carve out new states.
This should be seen in the perspective of the historical situation at the time of independence. At
that time there were no independent states. There were only provinces that were formed by the
British based on administrative convenience. At that time States were artificially created and a
provision to alter the boundaries and to create new states was kept so that appropriate changes
could be made as per requirement. It should be noted that British India did not have states similar
to the States in the USA.

4. Emergency Provisions
Centre has the power to take complete control of the State in the following 3 situations :
An act of foreign aggression or internal armed rebellion (Art 352)
Failure of constitutional machinery in a state (art 356)
Financial Emergency (art 360)
In all the above cases, an elected state government can lose control of the state and a central rule
can be established. In the first case, it is very clear that such a provision is not only justified but
necessary to protect the existence of a state. A state cannot be left alone to defend itself from
outside aggression. In the third case also, it is justified because a financial emergency could
cause severe stress among the population, plunge the country into chaos and jeopardize the
existence of the whole country. Such provisions exist even in USA. The second provision is most
controversial. It gives the centre the power to take over the control of a state. However, such an
action can be taken only upon the advice of the governor and such an advice is not beyond the
purview of the Supreme Court. In a recent case, Supreme court ruled that the imposition of
Presidential rule in the state of Bihar was unconstitutional.
Thus, it can be safely said that Indian Constitution is primarily federal in nature even though it has
unique features that enable it to assume unitary features upon the time of need.

Features of Indian Constitution

Constitution was written by a committee headed by Dr Ambedkar. Took 2 yrs, 11 mos, 18 days.
Adopted on 26th Nov (celebrated as Law Day), enforced fully on 26th Jan.
Longest written constitution - 447 articles, 26 parts, 12 schedules. Original US constitution had 7
articles and Australia had 128.
Establishment of sovereign, socialist, secular, democratic, republic.
Parliamentary form of govt.
Unique blend of Federal and Unitary features
Independent and supreme Judiciary - Keshavand Bharati vs State of Kerala & L
Chandra Kumar vs Union of India
Advisory Jurisdiction of SC - Art 143 - Does not exist in US constitution.
Rigidity and flexibility
Emergency Provisions
Single Citizenship
Single Electorate / Adult Suffrage
Positive Secularism - St. Xavier's College vs State of Gujarat , S R Bommai vs Union of India,
Aruna Rai vs Union of India
Indian Socialism - Combination of Marxist and Gandhian ideology. Right to work is absent.
Economic Democracy
Other features
Fundamental rights - J Bhagvati in Menaka Gandhi vs Union of India
Directive Principles - Unnikrishnan vs State of AP - Directive Principles are as good as
fundamental rights.
Fundamental Duties
1. Longest written constitution
Indian Constitution can be called the largest written constitution in the world because of its contents.
In its original form, it consisted of 395 Articles and 8 Schedules to which additions have been made
through subsequent amendments. At present it contains 395 Articles and 12 Schedules, and more
than 80 amendments. There are various factors responsible for the long size of the constitution. One
major factors was that the framers of the constitution borrowed provisions form several sources and
several other constitutions of the world.
They have followed and reproduced the Government of India Act 1935 in providing matters of
administrative detail. Secondly, it was necessary to make provisions for peculiar problems of India
like scheduled castes, Scheduled Tribes and backward regions. Thirdly, provisions were made for
elaborate centre-state relations in all aspects of their administrative and other activities. Fourthly, the
size of the constitution became bulky, as provisions regarding the state administration were also
included. Further, a detail list of individual rights, directive principles of state policy and the details
of administration procedure were laid down to make the Constitution clear and unambiguous for the
ordinary citizen. Thus, the Constitution of India became an exhaustive and lengthy one.
(2) Partly Rigid and Partly Flexible
The Constitution of India is neither purely rigid nor purely flexible. There is a harmonious blend of
rigidity and flexibility. Some parts of the Constitution can be amended by the ordinary law-making
process by Parliament. Certain provisions can be amended, only when a Bill for that purpose is
passed in each house of Parliament by a majority of the total membership of that house and. by a
majority of not less than two-third of the members of that house present and voting. Then there are
certain other provisions which can be amended by the second method described above and are
ratified by the legislatures of not less than one-half of the states before being presented to the
President for his assent. It must also be noted that the power to initiate bills for amendment lies in
Parliament alone, and not in the state legislatures.
Pundit Nehru expressed in the Constituent Assembly, "While we want the Constitution to be as solid
and permanent as we can make it, there is no permanence in Constitution. There should be certain
flexibility. If you make anything rigid and permanent, you stop the nations growth, the growth of a
living, vital organic people."
3) A Democratic Republic
India is a democratic republic. It means that sovereignty rests with the people of India. They govern
themselves through their representatives elected on the basis of universal adult franchise. The
President of India, the highest official of the state is elected for a fixed term. Although, India is a
sovereign republic, yet it continues to be a member of the Commonwealth of Nations with the
British Monarch as its head. Her membership of the Commonwealth does not compromise her
position as a sovereign republic. The commonwealth is an association of free and independent
nations. The British Monarch is only a symbolic head of that association.
4) Parliamentary System of Government
India has adopted the Parliamentary system as found in Britain. In this system, the executive is
responsible to the legislature, and remains in power only as long and it enjoys the confidence of the
legislature. The president of India, who remains in office for five years is the nominal, titular or
constitutional head. The Union Council of Ministers with the Prime Minister as its head is drawn
from the legislature. It is collectively responsible to the House of People (Lok Sabha), and has to
resign as soon as it loses the confidence of that house. The President, the nominal executive shall
exercise his powers according to the advice of the Union Council of Ministers, the real executive. In
the states also, the government is Parliamentary in nature.
5) A Federation
Article 1 of the Constitution of India says: - "India, that is Bharat shall be a Union of States." Though
the word 'Federation' is not used, the government is federal. A state is federal when (a) there are two
sets of governments and there is distribution of powers between the two, (b) there is a written
constitution, which is the supreme law of the land and (c) there is an independent judiciary to
interpret the constitution and settle disputes between the centre and the states. All these features are
present in India. There are two sets of government, one at the centre, the other at state level and the
distribution of powers between them is quite detailed in our Constitution. The Constitution of India is
written and the supreme law of the land. At the apex of single integrated judicial system, stands the
Supreme Court which is independent from the control of the executive and the legislature.
But in spite of all these essential features of a federation, Indian Constitution has an unmistakable
unitary tendency. While other federations like U.S.A. provide for dual citizenship, the India
Constitution provides for single citizenship. There is also a single integrated judiciary for the whole
country. The provision of All India Services, like the Indian Administrative Service, the India Police
Service, and Indian Forest Service prove another unitary feature. Members of these services are
recruited by the Union Public Service Commission on an All-India basis. Because these services are
controlled by Union Government, to some extent this constitutes a constraint on the autonomy of
states.
A significant unitary feature is the Emergency provisions in the Indian constitution. During the time
of emergency, the Union Government becomes most powerful and the Union Parliament acquires the
power of making laws for the states. The Governor placed as the constitutional head of the state, acts
as the agent of the centre and is intended to safeguard the interests of the centre. These provisions
reveal the centralising tendency of our federation.
Prof: K.C. Wheare has rightly remarked that Indian Constitution provides, "a system of government
which is quasi-federal, a unitary state with the subsidiary unitary features". The framers of the
constitution expressed clearly that there exists the harmony of federalism and the unitarism. Dr.
Ambedkar said, "The political system adopted in the Constitution could be both unitary as well as
federal according to the requirement of time and circumstances". We can say that India has a
"Cooperative federalism" with central guidance and state compliance.
6) Fundamental Rights
"A state is known by the rights it maintains", remarked Prof. H.J. Laski. The constitution of India
affirms the basic principle that every individual is entitled to enjoy certain basic rights and part III
of the Constitution deals with those rights which are known as fundamental rights. Originally there
were seven categories of rights, but now they are six in number. They are (i) Right to equality, (ii)
Right to freedom, (iii) Right against exploitation, (iv) Right to freedom of Religion, v) Cultural and
Educational rights and vi) Right to constitutional remedies. Right to property (Article-31)
originally a fundamental right has been omitted by the 44th Amendment Act. 1978. It is now a legal
right.
These fundamental rights are justiciable and the individual can move the higher judiciary, that is
the Supreme Court or the High Courts, if there is an encroachment on any of these rights. The right
to move to the Supreme Court straight for the enforcement of fundamental rights has been
guaranteed under Article 32 (Right to Constitutional Remedies). However, fundamental rights in
India are not absolute. Reasonable restrictions can be imposed keeping in view the security-
requirements of the state.
7) Directive Principles of State Policy
A novel feature of the Constitution is that it contains a chapter in the Directive Principles of State
Policy. These principles are in the nature of directives to the government to implement them for
establishing social and economic democracy in the country.
It embodies important principles like adequate means to livelihood, equal pay for both men and
women, distribution of wealth so as to subserve the common good, free and compulsory primary
education, right to work, public assistance in case of old age, unemployment, sickness and
disablement, the organisation of village Panchayats, special care to the economically back ward
sections of the people etc. Most of these principles could help in making India welfare state.
Though not justiciable. These principles have been stated a; "fundamental in the governance of the
country".
8) Fundamental Duties
A new part IV (A) after the Directive Principles of State Policy was incorporated in the constitution
by the 42nd Amendment, 1976 for fundaments duties. These duties are:
i) To abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;
ii) To cherish and follow the noble ideals, which inspired our national struggle for freedom;
iii) To uphold and protect the sovereignty, unity and integrity of India;
iv) To defend the country and render national service when called upon to do so;
v) to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic, regional or sectional diversities, to renounce practices derogatory
to the dignity of woman;
vi) to value and preserve the rich heritage of our composite culture;
vii) to protect and improve the natural environments including forests, lakes, rivers and wild life
and to have compassion for living creatures;
viii) to develop scientific temper, humanism and the spirit of inquiry and reform;
ix) to safeguard public property and to abjure violence;
x) 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.
The purpose of incorporating these duties in the Constitution is just to remind the people that while
enjoying their right as citizens, should also perform their duties for rights and duties are correlative.
9) Secular State
A secular state is neither religious nor irreligious, or anti-religious. Rather it is quite neutral in matters
of religion. India being a land of many religions, the founding fathers of the Constitution thought it
proper to make it a secular state. India is a secular state, because it makes no discrimination between
individuals on the basis of religion. Neither it encourages nor discourages any religion. On the
contrary, right to freedom of religion is ensured in the Constitution and people belonging to any
religious group have the right to profess, practice or propagate any religion they like.
10) An Independent Judiciary
The judiciary occupies an important place in our Constitution and it is also made independent of the
legislature and the executive. The Supreme Court of India stands at the apex of single integrated
judicial system. It acts as protector of fundamental rights of Indian citizens and guardian of the
Constitution. If any law passed by the legislature or action taken by the executive contravenes the
provisions of the Constitution, they can be declared as null and void by the Supreme Court. Thus, it
has the power of judicial review. But judicial review in India constitutes a middle path between the
American judicial supremacy in one hand and British Parliamentary supremacy in the other.
11) Single Citizenship
The Constitution of India recognises only single citizenship. In the United States, there is provision of
dual citizenship. In India, we are citizens of India only, not of the respective states to which we
belong. This provision would help in promoting unity and integrity of the nation.
The Supreme Court reviewed the decision in Golaknath v. State of Punjab, and considered the
validity of the 24th, 25th, 26th and 29th Amendments. The case was heard by the largest ever
Constitutional Bench of 13 Judges. The Bench gave eleven judgements, which agreed on some
points and differed on others. Nani Palkhivala, assisted by Fali Nariman, presented the case
against the government in both cases.

Majority judgement
The Court held, by a margin of 7-6, that although no part of the constitution, including
fundamental rights, was beyond the amending power of Parliament (thus overruling the 1967
case), the "basic structure of the Constitution could not be abrogated even by a constitutional
amendment". The decision of the Judges is complex, consisting of multiple opinions taking up
one complete volume in the law reporter "Supreme Court Cases". The findings included the
following:
All of the Judges held that the 24th, 25th and 29th Amendments Acts are valid.
Ten judges held that Golak Nath's case was wrongly decided and that an amendment to the
Constitution was not a "law" for the purposes of Article 13.
Seven judges held that the power of amendment is plenary and can be used to amend all the
articles of the constitution (including the Fundamental Rights).
Seven judges held (six judges dissenting on this point) that "the power to amend does not include
the power to alter the basic structure of the Constitution so as to change its identity".
Seven judges held (two judges dissenting, one leaving this point open) that "there are no inherent
or implied limitations on the power of amendment under Article 368".
Nine judges (including two dissentients) signed a statement of summary for the judgment that
reads:
Golak Naths case is over-ruled.
Article 368 does not enable Parliament to alter the basic structure or framework of the
Constitution.
The Constitution (Twenty-fourth Amendment) Act, 1971 is valid.
Section 2(a) and 2(b) of the Constitution (Twenty-fifth Amendment) Act, 1971 is valid.
The first part of section 3 of the Constitution (Twenty-fifth Amendment) Act, 1971 is valid. The
second part namely "and no law containing a declaration that it is for giving effect to such policy
shall be called in question in any court on the ground that it does not give effect to such policy"
is invalid.
The Constitution (Twenty-ninth Amendment) Act, 1971 is valid.
The nine signatories to the above were Chief Justice S M Sikri, and Justices J.M. Shelat, K.S.
Hegde, A.N. Grover, B. Jaganmohan Reddy, D.G. Palekar, H R Khanna, A.K. Mukherjee
and Yeshwant Vishnu Chandrachud. The four judges who did not sign the statement were A.N. Ray,
K.K. Mathew, M.H. Beg and S.N. Dwivedi.
Upholding the validity of clause (4) of article 13 and a corresponding provision in article 368(3),
inserted by the 24th Amendment, the Court settled in favour of the view that Parliament has the
power to amend the Fundamental Rights also. However, the Court affirmed another proposition
also asserted in the Golaknath case, by ruling that the expression "amendment" of this Constitution
in article 368 means any addition or change in any of the provisions of the Constitution within the
broad contours of the Preamble and the Constitution to carry out the objectives in the Preamble and
the Directive Principles. Applied to Fundamental Rights, it would be that while Fundamental
Rights cannot be abrogated, reasonable abridgement of Fundamental Rights could be effected in
the public interest. The true position is that every provision of the Constitution can be amended
provided the basic foundation and structure of the Constitution remains the same.The ruling thus
established the principle that the basic structure cannot be amended on the grounds that a power to
amend is not a power to destroy.

Berubaris Case

That the preamble is not an integral part of the Indian constitution was declared by the Supreme
Court of India in BeruBari case therefore it is not enforceable in a court of law. However, Supreme
Court of India has, in the Kesavananda case, overruled earlier decisions and recognised that the
preamble may be used to interpret ambiguous areas of the constitution where differing
interpretations present themselves. In the 1995 case of Union Government Vs LIC of India also, the
Supreme Court has once again held that Preamble is the integral part of the Constitution.
Websites
www.wikipedia.org
www.indiakanoon.org
www.legalservicesindia.com

Books
Constitution Of India by M.P. Jain