1) What is equality? And discuss social justice under the Indian Constitution.

Introduction:
Equality and social justice are fundamental principles embedded in the Indian Constitution,
shaping the nation's vision of an inclusive and equitable society. Equality refers to the state
of being equal, particularly in status, rights, and opportunities, allowing individuals to lead a
life free from discrimination and prejudice. It encompasses a range of equal rights and
protections designed to promote fairness and dignity across all sections of society,
irrespective of caste, religion, gender, or socio-economic background.

The Indian Constitution, as the supreme law of the land, mandates social justice, recognizing
it as essential for establishing a balanced social order. Through its various provisions, the
Constitution seeks to eliminate structural inequalities and provide opportunities for
marginalized and disadvantaged groups. Social justice in India is driven by the pursuit of
equal rights, economic and social equity, and the elimination of practices that hinder an
individual's potential and participation in society.

Key provisions such as Articles 14-18, 21, and 38 embody these ideals, promoting equal
treatment, non-discrimination, and affirmative actions to bridge socio-economic divides. This
commitment to social justice is central to India’s constitutional framework, emphasizing that
true equality cannot exist without addressing systemic inequalities and ensuring a just
distribution of resources and opportunities.

Meaning of Right to Equality

The Right to Equality in the Indian Constitution is a fundamental human right that
signifies that all people should be treated equally and without discrimination. This principle is
foundational to human rights law and is enshrined in various international treaties and
national constitutions around the world. The essence of this right is to ensure that no
individual or group is denied societal opportunities or privileges that are available to others
based on arbitrary criteria such as race, gender, age, sexual orientation, nationality, religion,
or any other status.

Right to Equality in India

The Right to Equality is a Fundamental Right enshrined in the Constitution of India. The
detailed provisions related to the Right to Equality contained in Articles 14 to 18 of the
Constitution form the cornerstone of justice and fairness in society. Together they ensure
that everyone is treated equally before the law, given equal opportunities in certain matters,
and is not discriminated against on grounds such as religion, race, caste, sex, or place of birth,
etc.

Right to Equality: Provisions Under the Indian Constitution

Equality before Law and Equal Protection of Laws (Article 14)

 This provision mandates that the State shall not deny to any person Equality
before the Law or the Equal Protection of the Laws within the territory of India.
  This right is extended to citizens, foreigners as well as legal persons such as
companies.

Equality before Law

 The concept of ‘Equality before Law’ is of British origin, which connotes-

o the absence of any special privileges in favor of any person,
o the equal subjection of all persons to the ordinary law of the land,
o no person is above the law.

Equal Protection of Laws

 The concept of ‘Equal Protection of Laws’ has been taken from the American
Constitution. It connotes-
o equality of treatment under equal circumstances, both in the privileges
conferred and liabilities imposed by the laws,
o the similar application of the same laws to all persons who are similarly
situated,
o the like should be treated alike without any discrimination.

Equal Protection of Laws

 The concept of ‘Equal Protection of Laws’ has been taken from the American
Constitution. It connotes-
o equality of treatment under equal circumstances, both in the privileges
conferred and liabilities imposed by the laws,
o the similar application of the same laws to all persons who are similarly
situated,
o the like should be treated alike without any discrimination.
 A simple comparison of the concepts of ‘Equality before Law’ and ‘Equal
Protection of Laws’ tells that the former is a negative concept, while the latter is a
positive concept. However, they both align in their common aim to establish equality
of legal status, opportunity, and justice.

Rule of Law

 The concept of ‘Rule of Law’, as propounded by the British jurist A V Dicey, has
the following 3 elements:
o Absence of arbitrary power i.e. no man can be punished except for a breach of
law.
o Equality before law i.e. equal subjection of all citizens to the laws of the land.
o The primacy of the rights of the individual i.e. constitution is the result of the
rights of the individual as defined and enforced by the courts of law, rather
than the constitution being the source of the individual rights.
 The following three points are to be noted w.r.t. the concept of ‘Rule of Law’:
o The concept of ‘Equality before Law’ is an element of the concept of ‘Rule
of Law’.
o In the case of the Indian system, only the 1st and 2nd elements of the ‘Rule of
Law’ are applicable, and not the 3rd one. This is because, in India, the
constitution is the source of the individual rights.
 o The Supreme Court has ruled that the ‘Rule of Law’ as embodied in Article
14 is a ‘basic feature’ of the constitution, and hence cannot be destroyed by
a constitutional amendment.

Exceptions to Equality

The rule of equality before the law has certain exceptions. These exceptions are mentioned
below:

 As ruled by the Supreme Court, while Article 14 forbids class legislation, it permits
the reasonable classification of persons, objects, and transactions by law. However,
the classification should not be arbitrary, artificial, or evasive.
 As per Article 361, the President of India and the Governor of States enjoy certain
immunities.
 As per Article 361-A, no person shall be liable for any proceedings in any court for
publication of a true report of any proceedings of Parliament or State Legislature.
 Article 105 provides that no member of Parliament shall be liable to any proceedings
in any court in respect of anything said or any vote given in Parliament or any
committee thereof. Article 194 makes a similar provision for members of the State
Legislature.
 Article 31-C provides that laws made by the state for implementing DPSPs contained
in Article 39 (b) and (c) cannot be challenged on the grounds of being violative
of Article 14.
 Immunity to foreign sovereigns, ambassadors, and diplomats from criminal and civil
proceedings.
 UNO and its agencies also enjoy diplomatic immunity from certain proceedings.

Prohibition of Discrimination on Certain Grounds (Article 15)

 Article 15 provides that:

o The state shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, or place of birth.
o No citizen shall be subjected to any disability, liability, restriction, or
condition on grounds only of religion, race, case, sex, or place of birth w.r.t.
access to public places.
 Two things are to be noted w.r.t. these provisions:
o The first provision prohibits discrimination only by the state, while the
second provision prohibits discrimination both by the state and private
individuals.
o The crucial term here is ‘only’, which connotes that discrimination on grounds
other than those mentioned in the provisions is not prohibited.
 There are certain exceptions to this general rule of non-discrimination as mentioned
below:
o The state is authorized to enact special provisions for the benefit of women
and children, such as reserving seats in local bodies or providing free
education for children.
o The state is empowered to enact special measures for the advancement of
socially and educationally backward classes, as well as scheduled castes and
scheduled tribes such as seat reservations or fee concessions in public
educational institutions.
 o The state has the authority to enact special measures for the advancement of
socially and educationally backward classes, scheduled castes, or scheduled
tribes in matters of admission to educational institutions, including private
ones, whether aided or unaided by the state, excluding minority educational
institutions.
o The state is empowered to enact special measures for the advancement of
economically weaker sections of society. Additionally, the state may reserve
up to 10% of seats for such sections in educational institutions, excluding
minority educational institutions.
A. This reservation is in addition to existing reservations and is determined
based on family income and other indicators of economic disadvantage, as
notified by the state.

Equality of Opportunity in Public Employment (Article 16)

 This provision provides for equality of opportunity for all citizens in matters of
employment or appointment to any office under the State.
 The citizens cannot be discriminated against or be ineligible for any employment or
office under the State only on the grounds of religion, race, caste, sex, descent,
place of birth, or residence.
 There exist four exceptions to the overarching principle of equal opportunity in
public employment. These exceptions are as follows:
o Parliament may prescribe residence as a condition for certain employment
positions under the State, Union Territory, Local Authority, or other authority.
o The State can provide for the reservation of appointments or posts in favor of
the backward classes that are inadequately represented in the state services.
o A law can provide that certain religious institutions or denominations may
require officeholders to belong to a particular religion or denomination.
o The state can reserve up to 10% of appointments for economically weaker
sections, in addition to existing reservations, based on criteria such as family
income or other indicators of economic disadvantage.
A. This reservation has been added by the 103rd Amendment Act of 2019.

Abolition of Untouchability (Article 17)

 This provision has abolished ‘untouchability’ and forbids its practice in any form.
 Any act enforcing disability based on untouchability shall be deemed as an offense
punishable by law.
 Untouchability refers to social disabilities imposed on certain classes of persons
because of their birth in certain castes. Hence, it does not cover the social boycott of a
few individuals or their exclusions from religious services, etc.
 However, the term ‘untouchability’ has not been defined in the Constitution or
the Protection of Civil Rights Act of 1955 (the act enacted to enforce this
provision).

Abolition of Titles ( Article 18)

 Article 18 of the Indian Constitution deals with the abolition of titles and
distinctions. It consists of four provisions:
 o It prohibits the state from granting any title, except for military or academic
distinctions, to any individual, whether a citizen or a foreigner.
o It prohibits Indian citizens from accepting titles from any foreign state.
o A foreigner holding any office of profit or trust under the state cannot accept
titles from any foreign state without the President’s consent.
o Neither citizens nor foreigners holding any office of profit or trust under the
State are allowed to accept any gift, salary, or position from or under any
foreign state without the President’s consent.
 Two things are to be noted w.r.t. these provisions:
o Hereditary titles of nobility e.g. Maharaja, Deewan, etc which were conferred
by colonial states are banned by this Article.
o National Awards e.g. Bharat Ratna, Padma Vibhushan, Padma Bhushan, and
Padma Sri are not banned by this Article. However, they should not be used as
suffixes or prefixes to the names of awardees. Otherwise, they should forfeit
the awards.

Significance of Right to Equality

The right to equality holds immense significance as it serves as the foundation for a just and
inclusive society. Its importance lies in several key aspects:

 Fairness and Justice – It ensures that all individuals are treated equally under the
law, irrespective of their background, race, religion, caste, gender, or economic status.
This fosters a sense of fairness and justice in society.
 Non-Discrimination – This right prohibits discrimination in all spheres of life,
including employment, education, housing, and public services. It creates a level
playing field for everyone, regardless of their differences.
 Inclusivity – This right promotes inclusivity by recognizing the dignity and worth of
every individual. It encourages respect for diversity and the participation of all
members of society in civic and political life.
 Social Cohesion – This right helps in building social cohesion by reducing social
tensions and disparities. When individuals feel that they are treated fairly and have
equal opportunities, it fosters a sense of belonging and unity within society.
 Human Rights – This is a fundamental human right enshrined in various
international and national legal instruments. Protecting this right is essential for
upholding the broader framework of human rights and dignity.

Conclusion :

In conclusion, equality lies at the heart of the Indian Constitution, serving as the cornerstone
of justice, fairness, and social cohesion. This principle of equality ensures that all individuals
are treated fairly before the law, without any unreasonable discrimination. By upholding this
fundamental right, India strives to build a society where every citizen has equal opportunities
and rights, fostering inclusivity and empowering each individual to contribute to the nation’s
progress and prosperity.
 2) Elaborate the salient features of the Indian Constitution.

Introduction :

The Indian Constitution, adopted on January 26, 1950, is a remarkable document that defines
the political framework, values, and rights shaping the Republic of India. Crafted with careful
deliberation, it reflects India’s unique diversity, history, and aspirations while incorporating
democratic principles and universal values. Known as one of the longest written constitutions
in the world, it outlines a comprehensive structure for governance and establishes a robust
framework of fundamental rights, duties, and directive principles that aim to protect the
freedoms of citizens and promote social and economic welfare.

The salient features of the Indian Constitution include its federal structure with a unitary
bias, separation of powers among the legislature, executive, and judiciary, fundamental
rights and duties, and directive principles of state policy. It emphasizes parliamentary
democracy, judicial independence, and secularism, ensuring that all citizens have the right
to equality, freedom, and justice. Additionally, its provisions for social justice, affirmative
action, and judicial review make it a dynamic document capable of adapting to changing
societal needs. These features collectively serve as the backbone of Indian democracy,
ensuring that governance upholds democratic ideals while promoting harmony, equality, and
justice for all.

Salient Features of the Indian Constitution

The Indian Constitution is a unique and extensive document, providing the foundation for
democratic governance in India. Drafted with insights from various global constitutions, it
aims to meet India’s distinct social, cultural, and political needs. Here are the main features of
the Indian Constitution explained in simple terms, along with examples:

1. The Longest Written Constitution in the World

The Indian Constitution is the longest written constitution globally, with around 450
articles today. For comparison, the U.S. Constitution has only 27 amendments. India's
Constitution is lengthy because it covers many topics in detail, such as the roles of
each branch of government, the rights of citizens, and the powers of the states.
2. Parliamentary Form of Government
India follows the British parliamentary system rather than the U.S. presidential
system. In this system, the executive (Prime Minister and ministers) is part of the
legislature (Parliament) and is accountable to it. For instance, if the majority of
Parliament loses confidence in the government, it can remove the Prime Minister
through a no-confidence vote.
3. Combination of Rigidity and Flexibility
India’s Constitution is both rigid and flexible. Some parts require a special process for
amendments, while others can be amended more easily. For example, altering the
boundaries of states only requires a simple majority in Parliament, while changes to
Fundamental Rights need a two-thirds majority.
4. Fundamental Rights
Fundamental Rights are the basic rights given to every Indian citizen to protect their
freedom and dignity. These rights include:
o Right to Equality – No discrimination based on caste, religion, or gender.
o Right to Freedom – Freedom of speech and expression.
 o Right against Exploitation – Prohibition of human trafficking and child
labor.
o Right to Freedom of Religion – Every citizen is free to follow any religion.
o Cultural and Educational Rights – Protection for minority communities to
preserve their culture.
o Right to Constitutional Remedies – Citizens can approach the Supreme
Court if their rights are violated.
5. Directive Principles of State Policy
The Directive Principles guide the government in creating policies for social and
economic welfare. They aim to promote a just society and include goals such as
providing free education and improving public health. For example, the government
works towards these by setting up public health schemes and welfare programs.
6. Fundamental Duties
Fundamental Duties were added to remind citizens of their responsibilities, such as
respecting the national flag, protecting the environment, and promoting harmony. For
example, it is every citizen’s duty to protect public property.
7. Federal System with Strong Center
India is a union of states with a strong central government. Unlike some federations,
states in India cannot secede, and the Constitution allows the central government to
intervene in certain situations. This is seen during emergencies when the central
government can take over certain powers from the states.
8. Adult Suffrage
Every Indian citizen aged 18 and above has the right to vote, regardless of caste,
religion, or gender. This right ensures equal participation in the democratic process,
and it was reduced from 21 years to 18 years by the 61st Amendment.
9. Independent Judiciary
The judiciary in India operates independently from the executive and legislature,
ensuring fair judgment without interference. The Supreme Court stands as the highest
authority, safeguarding citizens' rights and acting as the guardian of the Constitution.
10. Secular State
India is a secular nation, meaning the government does not favor any religion. All
religions have equal status, and citizens are free to practice their faith without
government interference. For instance, laws in India do not support one religion over
another.
11. Single Citizenship
Unlike the U.S., where people have citizenship of both their state and the nation, India
grants single citizenship. All Indians, regardless of the state they live in, share the
same national identity and rights.
12. Separation of Powers
The Indian Constitution divides powers among three branches – the Legislature
(makes laws), the Executive (implements laws), and the Judiciary (interprets laws).
This ensures a system of checks and balances. For example, if the legislature passes a
law that violates the Constitution, the judiciary has the power to strike it down.

These features reflect the foresight of the framers of the Constitution, creating a framework
that is both comprehensive and adaptable to the needs of Indian society.
Conclusion

The Indian Constitution stands as a testament to the vision and dedication of its framers, who
crafted a legal framework that balances democratic values with India's unique social, cultural,
and political diversity. By integrating principles such as fundamental rights, parliamentary
governance, federalism, secularism, and an independent judiciary, the Constitution aims to
ensure justice, equality, and liberty for all citizens. Its unique blend of rigidity and flexibility
allows it to adapt to changing times, while the inclusion of both duties and rights encourages
active citizenship and responsibility.

This carefully designed document not only guides the governance of India but also serves as
a guardian of democratic principles, ensuring that power is exercised responsibly and fairly.
The Indian Constitution, thus, provides a robust foundation for India's continued growth as a
democratic, inclusive, and pluralistic society, reflecting both stability and resilience in its
framework.

3) How does the Constitution of India define the term "State" under Article 12, and
why is this definition important in the context of fundamental rights?

Introduction:
Article 12 of the Indian Constitution serves as the foundation for understanding the
scope of fundamental rights by defining what constitutes the "State" for the purposes
of Part III of the Constitution. By providing a broad interpretation of "State," Article
12 ensures that fundamental rights are enforceable against all entities exercising
governmental authority or performing public functions, not just the traditional
branches of government. This provision is crucial in expanding the reach of
fundamental rights, holding not only the central and state governments but also local
bodies, statutory corporations, and other authorities accountable for safeguarding
individual rights. The judiciary, through various landmark judgments, has played an
essential role in interpreting Article 12 to include a diverse range of public entities,
making them subject to judicial scrutiny when they infringe upon fundamental rights.
Thus, Article 12 not only defines the entities against which fundamental rights can be
enforced but also embodies the Constitution's commitment to accountability,
transparency, and protection of individual liberties in governance.

Definition of State under Article 12 of the Indian Constitution

Article 12 of the Indian Constitution defines the term “State” for the purpose of applying
Fundamental Rights. According to this Article, the "State" includes:

1. The Government and Parliament of India – This encompasses all branches of the
Central Government, including the President, Prime Minister, Council of Ministers,
and Members of Parliament.
 2. The Government and Legislature of each State – This refers to state governments,
including the Chief Minister, Council of Ministers, and Members of the Legislative
Assembly (MLAs).
3. All local or other authorities within India or under the control of the
Government of India – This includes local bodies like municipal corporations and
panchayats, and any other authorities performing public duties or under government
control, such as public corporations or autonomous bodies.

Article 12 is significant because it broadens the concept of “State” to include not only central
and state governments but also local bodies and other authorities exercising power under
government control. This definition ensures that all such entities are accountable to uphold
fundamental rights.

Importance of Article 12

The importance of Article 12 lies in defining the scope of Fundamental Rights under the
Constitution, which are enforceable only against the “State” and not against private
individuals. Key articles, such as Articles 14 (Right to Equality), 15 (Prohibition of
Discrimination), and 21 (Right to Life and Personal Liberty), are therefore enforceable
against any “State” entity under Article 12. By expanding the meaning of “State” to include
local authorities and government-controlled entities, Article 12 holds all public authorities
accountable for respecting and protecting the rights of individuals.

Key Elements Under Article 12

1. Government and Parliament of India: Includes national government entities and

institutions performing public duties at the central level.
2. Government and Legislature of States: Covers state government bodies and
institutions.
3. Local Authorities: As clarified in cases like Mohammed Yasin v. Town Area
Committee, these are bodies such as municipalities and panchayats responsible for
local governance.
4. Other Authorities: Courts have interpreted “other authorities” to include entities
discharging public functions or under substantial government control.

Interpretation of “Other Authorities”

The phrase “other authorities” has been a point of legal interpretation, especially under the
ejusdem generis principle, which limits general terms following a specific list to a similar
class. However, the Supreme Court in cases such as Ujjain Bai v. State of U.P. clarified that
“other authorities” in Article 12 are not limited to government and local authorities but also
include bodies like public corporations and statutory bodies performing public functions. This
broader interpretation ensures accountability from a wide range of public entities.

Landmark Cases Interpreting “Other Authorities” Under Article 12

1. Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi (1975): The Supreme

Court held that the Oil and Natural Gas Commission (ONGC), a public corporation,
falls under “other authority,” making it subject to judicial review.
 2. Rajasthan Electricity Board v. Mohan Lal (1967): The court held that the
Electricity Board, performing public duties, was an “other authority.”
3. Ajay Hasia v. Khalid Mujib Sehravardi (1981): The Supreme Court included
private institutions substantially financed by the government as “other authorities.”
4. Ramana Dayaram Shetty v. International Airport Authority of India (1979): The
court established guidelines to determine “other authorities,” such as public function
and government control, making the Airport Authority accountable as a “State” entity.
5. Zee Telefilms v. Union of India (2005): In this case, the Supreme Court ruled that
the Board of Control for Cricket in India (BCCI) is not a “State” under Article 12, as
it was not created by a statute and is not dominated by government control.

Is Judiciary a State Under Article 12?

The Judiciary, although a key branch of the government, is not explicitly mentioned as an
“other authority” under Article 12. However, judicial decisions, such as Naresh Shridhar
Mirajkar v. State of Maharashtra (1967), have established that while the Judiciary is not
generally considered a “State,” it must act in accordance with the Constitution, and its actions
can be reviewed to ensure they don’t violate fundamental rights.

Conclusion

Article 12 is fundamental to the Indian Constitution because it defines “State” for applying
and enforcing Fundamental Rights. Through expansive judicial interpretation, the term
“State” now includes a variety of public entities responsible for safeguarding rights. This
inclusive definition ensures that Fundamental Rights are protected against infringement by
any entity wielding governmental power, thereby preserving the Constitution’s commitment
to individual freedoms and accountability in governance.

4) Define freedom and elaborate on the kinds of freedom under Article 19 of the
Indian Constitution.

Introduction :
The concept of freedom is fundamental to the Indian Constitution, representing one of
the core ideals of democracy and individual dignity. Under Article 19 of the Indian
Constitution, certain essential freedoms are guaranteed to citizens, encompassing a
range of civil liberties necessary for personal growth, social interaction, and
democratic participation. These freedoms, which include the right to speech,
assembly, association, movement, residence, and profession, provide individuals with
the liberty to make choices that shape their lives while also contributing to the
collective well-being of society. However, these freedoms are not absolute; they are
subject to reasonable restrictions in the interest of public order, morality, and national
security. This balance between individual freedom and societal order is a distinctive
feature of the Indian Constitution, ensuring that while citizens enjoy their rights, they
also bear responsibilities toward the nation.
Meaning of Right to Freedom

The Right to Freedom is a fundamental human right that encompasses various dimensions
of individual liberty and autonomy. It is recognized and protected by numerous international
human rights instruments, such as the Universal Declaration of Human Rights (UDHR), as
well as national constitutions around the world, including the Constitution of India. The
essence of this right is to develop an independent, free, and expressive society.

Right to Freedom in India

The Right to Freedom is a Fundamental Right enshrined in the Constitution of India. The
detailed provisions related to the Right to Freedom contained in Articles 14 to 18 of the
Constitution form the cornerstone of liberal society. Together they ensure that the citizens can
voice their opinions freely and engage in various pursuits without undue restrictions.

Right to Freedom: Provisions under the Indian Constitution

Protection of Six Rights (Article 19)

 Article 19 of Indian Constitution guarantees certain freedoms to all citizens of

India. It encompasses six fundamental rights:
o Right to freedom of speech and expression,
o Right to assemble peacefully and without arms,
o Right to form associations, unions, or co-operative societies,
o Right to move freely throughout the territory of India,
o Right to reside and settle in any part of the territory of India,
o Right to practice any profession or to carry on any occupation, trade, or
business.
 Note: Originally, Article 19 of Indian Constitution contained seven rights.
However, the right to acquire, hold, and dispose of property was deleted by
the 44th Amendment Act of 1978.
 The following points are to be noted w.r.t. the rights provided by Article 19 of Indian
Constitution:
o These six rights are protected only against the actions of the state and not
private individuals.
o These rights are available only to the citizens and shareholders of a company.
They are not available to foreigners or legal entities like corporations,
companies, etc.
o ‘Reasonable’ restrictions can be imposed by the state on these six rights only
on the grounds mentioned in Article 19 itself and not on any other grounds.

Freedom of Speech and Expression [Article 19(1)(a)]

 It guarantees every citizen the right to express one’s views, opinions, beliefs, and
convictions freely by word of mouth, writing, printing, picturing, or in any other
manner.
 As per the rulings of the Supreme Court, the ‘Freedom of Speech and Expression’ as
contained in Article 19(1)(a) includes the following:
o Right to propagate one’s own as well as others’ views.
o Freedom of silence.
 o Freedom of the press.
o Right against the imposition of pre-censorship on a newspaper.
o Freedom of commercial advertisements.
o Right against tapping of telephonic conversation.
o Right to telecast.
o Right to know about government activities.
o Right to demonstration or picketing but not right to strike.
o Right against ‘bundh’ called by a political party or organization.
 Restrictions: The ‘Freedom of Speech and Expression’ is subject to reasonable
restrictions by the State on the following grounds:
o Sovereignty and integrity of India
o Security of the state
o Friendly relations with foreign states
o Public order, decency, or morality
o Contempt of court
o Defamation, and
o Incitement to an offense.

Freedom of Assembly [Article 19(1)(b)]

 It guarantees every citizen the right to assemble peacefully (without arms),

including the right to hold public meetings, demonstrations, and take-out processions.
 The following points are to be noted w.r.t. this right:
o This freedom can be exercised only on public land, and not on private land.
o The assembly must be peaceful and unarmed.
o Thus, this provision does not protect disorderly, violent, riotous assemblies,
one that causes a breach of public peace or one that involves arms.
o This right does not include the right to strike.
 Restrictions: Reasonable restrictions can be imposed by the state on the exercise of
the Right of Assembly on two grounds:
o Sovereignty and integrity of India,
o Public order including the maintenance of traffic in the area concerned.

Freedom of Association [Article 19(1)(c)]

 All citizens have the right to form associations, unions, cooperative societies, or
any other body of persons such as political parties, companies, partnership firms,
societies, clubs, organizations, trade unions, etc.
 The following points are to be noted w.r.t. Article 19(1)(c):
o This right includes the following:
a. the right to start an association or union
b. the right to continue with the association or union.
c. the negative right of not to form or join an association or union
o The right to obtain recognition of an association formed is not a
fundamental right.
o As held by the Supreme Court, the trade unions have no guaranteed right to
effective bargaining or right to strike or right to declare a lock-out.
 Restrictions: The state can impose reasonable restrictions on the exercise of this right
on the following grounds:
o sovereignty and integrity of India,
 o public order and morality.

Freedom of Movement [Article 19(1)(d)]

 This freedom grants every citizen the right to move freely throughout the territory
of the country. One can move freely between the states or within a state.
 The freedom of movement has two dimensions:
o Internal – right to move inside the country
o External – right to move out of the country and right to come back to the
country.

It is to be noted that Article 19 protects only the first dimension of the freedom of movement.
Its second dimension is dealt with by Article 21 (The Right to Life and Personal Liberty).

 Restrictions: The state can impose reasonable restrictions on this freedom on the
following two grounds:
o The interests of the general public. For example, the Supreme Court has ruled
that the freedom of movement of prostitutes can be restricted on the grounds
of public health and public morals.
o The protection of the interests of any scheduled tribe. For example, the
government restricts the entry of outsiders into tribal areas to protect the
distinctive culture, language, customs, and manners of scheduled tribes and to
safeguard their traditional vocation and properties against exploitation.

Freedom of Residence [Article 19(1)(e)]

 Every citizen has the right to reside and settle in any part of the territory of India.
 This right has two parts:
o the right to temporarily stay in any part of the country, i.e. staying at any place
temporarily
o the right to settle in any part of the country i.e. setting up a home or domicile
at any place permanently
 Restrictions: Reasonable restrictions can be imposed by the State on the exercise of
this right on the following two grounds:
o In the interest of the general public.
1. For example, the Supreme Court has held that certain kinds of persons such
as prostitutes and habitual offenders etc can be banned from entering and
residing in certain areas.
o The protection of the interests of any scheduled tribes.
1. For example, the government has restricted the right of outsiders to reside
and settle in tribal areas to protect the distinctive culture, language, customs,
and manners of scheduled tribes and to safeguard their traditional vocation and
properties against exploitation.

Freedom of Profession, etc [Article 19(1)(f)]

 All citizens are given the right to practice any profession or pursue any
occupation, trade, or business of their choice.
 The following points are to be noted w.r.t. this right:
 o This right does not include the right to carry on a profession, business, trade,
or occupation that is immoral or dangerous.
1. Thus, activities like trafficking in children or dealing with harmful drugs are
not allowed under this right.
o In relation to this right, the State is empowered to:
a. Prescribe that a technical or professional qualification is necessary for
practicing any profession or carrying on any occupation, trade, or business;
and
2. Carry on by itself any trade, business, industry, or service without taking
into consideration either complete or partial exclusion of citizens. This means
that no objection can be made when the State carries on a trade, business,
industry, or service either as a complete or partial monopoly to the exclusion
of citizens or in competition with any citizen.
 Restrictions: The State can impose reasonable restrictions on this right on the
grounds of the interest of the general public.

Protection in Respect of Conviction for Offences (Article 20)

 This right protects against arbitrary and excessive punishment of an accused

person, whether a citizen, a foreigner, or a legal person like a company or a
corporation, etc.
 It contains three provisions in this regard:
o No ex-post-facto law – This provision prohibits incrimination under an ex-
post-facto law i.e. that imposes penalties retrospectively or which increases the
penalties for such acts. Accordingly, no person shall be:
A. Convicted of any offense except for violating a law in force at the time of
the commission of the act
B. Subjected to a penalty greater than that prescribed by the law in force at the
time of the commission of the act

The following points are to be noted w.r.t. this provision:

 This limitation of ex-post-facto law is imposed only on criminal laws, not on civil
laws or tax laws. Thus, a civil liability or a tax can be imposed retrospectively.
 This provision prohibits only conviction or sentence under an ex-post-facto criminal
law and not the trial thereof.
 Protection under this provision cannot be claimed in case of preventive detention or
demanding security from a person.
o No double jeopardy – No person shall be prosecuted and punished for the
same offense more than once.
A. The protection is available only in proceedings before a court of law or a
judicial tribunal, and not in proceedings before departmental or administrative
authorities.
o No self-incrimination – No person accused of any offense shall be compelled
to be a witness against himself.

The following points are to be noted w.r.t. this provision:

 This protection extends to both oral evidence and documentary evidence.

  This protection does not extend to the following:
A. Compulsory production of material objects
B. Compulsion to give thumb impression, specimen signature, blood specimen
C. Compulsory exhibition of the body
 This protection extends only to criminal proceedings and not to civil
proceedings or other proceedings which are not of criminal nature.

Protection of Life and Personal Liberty (Article 21)

 This right declares that no person shall be deprived of his life or personal
liberty except according to the procedure established by law.
 This right is available to both citizens and non-citizens.

Evolution of Rights under Article 21 (Protection of Life and Personal Liberty)

The Supreme Court, through its judgments in different cases, has led to the evolution of the
scope of rights included under Article 21. This evolution can be seen as follows:

 Gopalan Case, 1950: The Supreme Court took a narrow interpretation of Article 21
and held that:
o Protection under Article 21 is available only against arbitrary executive action
and not from arbitrary legislative action. Thus, the state can deprive the right
to life and personal liberty of a person based on a law.
1. The reasoning given by the Supreme Court was that the
expression ‘procedure established by law’ used in Article 21 is different
from the expression ‘due process of law’. This means that the validity of a
law that has prescribed a procedure cannot be questioned on the ground that
the law is unreasonable, unfair, or unjust.
o Personal liberty means only liberty relating to the person or body of the
individual.
 Menaka Case, 1978: The Supreme Court took a wider interpretation of Article 21,
overruling its judgment in the Gopalan Case. It held that:
o The right to life and personal liberty of a person can be deprived by a law
provided the procedure prescribed by that law is reasonable, fair, and just.
a. Effectively, it introduced the concept of ‘due process of law’. Thus, now
protection under Article 21 is available not only against arbitrary executive
action but also against arbitrary legislative action.
o The right to life is not merely confined to animal existence or survival but
includes the right to live with human dignity.
o Personal liberty is of the widest amplitude and it covers a variety of rights that
go to constitute the personal liberties of a man.
 Subsequent Judgments: The Supreme Court has maintained its interpretation of
Article 21 in the Menaka Case in subsequent judgments. Through a series of
judgments, it has kept on expanding the scope of Article 21 to include rights such as
1. Right to live with human dignity,
2. Right to a decent environment, including pollution-free water and air,
3. Protection against hazardous industries,
4. Right to livelihood,
5. Right to privacy,
6. Right to shelter,
 7. Right to health,
8. Right to free education up to 14 years of age,
9. Right to free legal aid,
10. Right against solitary confinement,
11. Right to a speedy trial,
12. Right against handcuffing,
13. Right against inhuman treatment, etc.

Right to Education (Article 21A)

 This article declares that the State shall provide free and compulsory education to
all children of the age of six to fourteen years in such a manner as determined by
the State.
 It is to be noted that this provision makes only elementary education a Fundamental
Right, and not higher or professional education.
 This provision was added by the 86th CA Act, of 2002, which made the following
changes to the Constitution:
o Added this new Fundamental Right in Article 21A, which earlier was a DPSP
under Article 45.
o Changed the subject matter of Article 45 to direct that the state shall endeavor
to provide early childhood care and education for all children until they
complete the age of 6 years.
o Added a new Fundamental Duty under Article 51A, which says that – it shall
be the duty of every citizen to provide opportunity for education to his
child/ward between the ages of 6-14 years.
 To implement the provision under Article 21A, the Parliament has enacted the Right
of Children to Free and Compulsory Education (RTE) Act, 2009. It seeks to
ensure that every child has a right to be provided with full-time elementary education.

Protection Against Arrest and Detention (Article 22)

 Article 22 provides safeguards for persons who are arrested or detained.

 Detention is of 2 types:
o Punitive Detention- to punish a person for an offense committed by him after
trial and conviction in a court.
o Preventive Detention- detention of a person without trial and conviction by a
court. Its purpose is not to punish a person for a past offense, but to prevent
him from committing an offense in the near future.
 Article 22 provides safeguards against both types of detention, and hence contains the
following two provisions:
o First Part: Deals with the cases of ordinary law and provides the following
rights to a person who is arrested or detained under an ordinary law:
a. Right to be informed of the grounds of arrest
b. Right to be produced before a magistrate within 24 hours, excluding the
journey time
c. Right to be released after 24 hours unless the magistrate authorizes further
detention
d. Right to consult and be defended by a legal practitioner

The following points are to be noted w.r.t. these safeguards:

  These safeguards apply only to an act of a criminal or quasi-criminal nature or some
activity prejudicial to the public interest.
 These safeguards are not available to an enemy alien or a person arrested or detained
under a preventive detention law.
 These safeguards are available in case of arrest under the orders of a court, civil
arrest, arrest on failure to pay the income tax, and deportation of an alien.
o Second Part: Grants protection to persons who are arrested or detained under
a preventive detention law, and includes the following:
a. Grounds of detention should be communicated to the detenu. However,
facts considered to be against the public interest need not be disclosed.
b. Detention of a person cannot exceed 3 months unless an advisory board
reports sufficient cause for extended detention. The board is to consist of
judges of a High Court.
c. The detenu should be allowed to make a representation against the detention
order.

The following points are to be noted w.r.t. these safeguards:

 This safeguard is available to both citizens as well as aliens.

 It authorizes Parliament to prescribe:
o Circumstances and the classes of cases in which a person can be detained for
more than 3 months under a preventive detention law without obtaining the
opinion of an advisory board
o The maximum period for which a person can be detained in any class of cases
under a preventive detention law
o Procedure to be followed by an advisory board in inquiry
 The Constitution has divided the legislative power w.r.t. preventive detention between
Parliament and State Legislatures as follows:
o Parliament has exclusive authority to make a law of preventive detention for
reasons connected with the Defense, Foreign Affairs, and Security of India.
o Both Parliament and State Legislatures can concurrently make a law of
preventive detention for reasons connected with the security of a state,
maintenance of public order, and maintenance of supplies and services
essential to the community.
 Some of the preventive detention laws made by the Parliament are
o National Security Act (NASA) 1980,
o Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act (COFEPOSA) 1974, etc.

Significance of Right to Freedom

 Cornerstone of Democracy – It forms the bedrock of democracy by empowering

citizens to express their views and participate in the governance process. It ensures
that individuals have a voice in shaping the policies and decisions that affect their
lives.
 Individual Empowerment – These rights empower individuals to exercise autonomy
and pursue their interests without undue interference from the state or other entities.
 Promotion of Pluralism and Diversity – It fosters a culture of pluralism and
diversity where different viewpoints, beliefs, and perspectives can coexist. It
 encourages dialogue, debate, and the exchange of ideas, leading to intellectual
enrichment and societal progress.
 Protection Against Tyranny – The right to freedom serves as a bulwark against
authoritarianism and tyranny by limiting the government’s power to infringe upon
individual liberties.
 Safeguarding Human Dignity – Fundamental freedoms such as the right to life,
personal liberty, and protection against arbitrary detention uphold the inherent dignity
of every individual. They ensure that people are treated with respect and fairness,
irrespective of their background, beliefs, or status.
 Facilitation of Socio-Economic Development – Freedom of movement, residence,
and profession enables individuals to seek opportunities, pursue livelihoods, and
contribute to the economic development of the nation.
 Promotion of Social Justice – It includes provisions for education, legal aid,
protection against exploitation, and other social welfare measures aimed at promoting
equity and social justice.

Conclusion :

In conclusion, the right to freedom serves as a cornerstone of individual liberty and societal
progress and is vital for a vibrant democracy. The Constitution’s provisions for the protection
of life, personal liberty, and education further underscore its commitment to ensuring the
dignity and welfare of all citizens. As India continues its journey towards progress and
inclusivity, the principles of freedom embodied in these articles remain essential guides for
shaping a fair, democratic, and compassionate society.

5) Explain the provisions of personal liberty under Article 21 of the Indian

Constitution.
Introduction :

Article 21 of the Indian Constitution, which guarantees the Right to Life and Personal
Liberty, is one of the most significant and widely interpreted provisions in the Constitution.
It stands as a cornerstone of individual freedoms in India, ensuring that no person shall be
deprived of their life or personal liberty except according to the procedure established by law.
This seemingly simple provision has evolved over time to encompass a wide range of rights,
not just relating to physical liberty but extending to the broader concept of human dignity and
autonomy.

The scope of personal liberty under Article 21 has been significantly expanded through
judicial interpretation, ensuring that it is not limited merely to physical freedom but includes
various aspects of a person’s life. It is a dynamic and evolving right, capable of responding to
the changing needs and realities of society. The Indian judiciary, particularly through
landmark judgments, has broadened the interpretation of personal liberty to include a range of
rights such as the right to live with dignity, the right to privacy, the right to a clean
environment, and the right to education, among others.

Thus, Article 21 plays a crucial role in safeguarding individual rights against arbitrary actions
by the state, ensuring that personal liberty is protected from unlawful detention, inhuman
treatment, or any form of deprivation that violates the fundamental principles of justice. The
provisions under this article are not only pivotal to protecting personal freedoms but also to
advancing the ideals of justice, equality, and human dignity enshrined in the Constitution of
India.

Right to Life and Personal Liberty Under Article 21 of the Indian

Constitution

Right to Life and Personal Liberty is one of the most important rights guaranteed under
Article 21 of the Indian Constitution. This right ensures that no one can be deprived of their
life or personal liberty except by following a procedure that is lawful, just, and fair. This
provision applies to everyone, whether a citizen or a foreigner, and it is considered a
fundamental right that forms the foundation for many other rights.

The concept of Right to Life is much broader than just the basic ability to live. It includes the
right to live with dignity, the right to health, the right to education, and the right to a clean
environment. It is essential because without life, no other rights would have any meaning.
This right is not just about physical existence, but also about the ability to enjoy a fulfilling
life.

Key Concepts Under Article 21:

1. Right to Live with Dignity: The right to life includes the right to live in a manner
that upholds human dignity. It means a person should have the freedom to live in
peace, without suffering or harassment, and with access to basic needs like health and
security.
2. Right Against Sexual Harassment: The Supreme Court has held that sexual
harassment at the workplace violates the right to life and dignity of women, making it
a violation of Article 21. Employers must ensure a safe working environment and take
steps to prevent sexual harassment.
3. Right to Reputation: A person's reputation is a part of their dignity, and the Supreme
Court has ruled that the right to a good reputation is protected under Article 21, just
like other personal rights.
4. Right to Livelihood and Shelter: Over time, the Court has interpreted the right to
life to include the right to livelihood (the right to earn a living) and the right to shelter
(a safe and adequate living space). Without these, a person's life would not be
meaningful.
5. Right to Health and Medical Care: The right to life also includes the right to
medical care. The state and medical professionals have a duty to provide immediate
medical assistance to preserve life.
6. Right to Clean Environment: A healthy environment is necessary for a healthy life,
and the Supreme Court has linked the right to a clean and safe environment with the
right to life under Article 21.
7. Right to Education: The right to education is derived from the right to life as
education is essential for the full development of a person. The state is required to
provide education to all citizens.
8. Personal Liberty: Personal liberty refers to the freedom to live without unreasonable
restrictions. The Supreme Court has ruled that even when someone is imprisoned,
they retain all their fundamental rights, except for those lost due to lawful
imprisonment.
 9. Right to Privacy: The right to privacy is considered an important part of the right to
life and liberty. This means that individuals have the right to keep their personal
matters private and free from unwarranted intrusion.
10. Right to Speedy Trial: Every person has the right to a fair and timely trial. Long
delays in trials can be a violation of the right to life and liberty, as it causes
unnecessary suffering and uncertainty.

"Procedure Established by Law" and Fairness:

Article 21 also ensures that if someone's life or liberty is taken away, it must follow a fair,
just, and reasonable procedure. The Court has ruled that laws or actions that are arbitrary or
oppressive cannot deprive a person of their rights. This means that the law must follow
principles of fairness and justice, and any action that goes against these principles will violate
Article 21.

Conclusion :

In conclusion, the Right to Life and Personal Liberty under Article 21 of the Indian
Constitution is a cornerstone of fundamental rights, safeguarding an individual's existence,
dignity, and freedom. This right extends far beyond the mere physical existence of a person
and encompasses various aspects of life, including dignity, health, education, livelihood, and
privacy. Through progressive judicial interpretations, the scope of Article 21 has been
expanded to include rights such as the right to a clean environment, the right to medical care,
and the right to a speedy trial, reflecting the dynamic and evolving nature of the Constitution.
Importantly, any deprivation of life or liberty must be in accordance with a fair, just, and
reasonable procedure, ensuring that the actions of the state are always aligned with the
principles of justice. In essence, Article 21 serves as a powerful protector of human rights,
ensuring that every individual can live a life of dignity, free from arbitrary restrictions.

Short Notes
A. Law

Introduction:

Law is an essential element that governs the behavior of individuals and institutions in
society. It serves as a system of rules that dictate how people should act in different
situations, ensuring fairness and justice. The law helps maintain order, protect rights, and
resolve conflicts between individuals, organizations, and even countries. It is not just a set of
rules; it is a fundamental part of society's framework, influencing everything from personal
relationships to international trade. Law has existed in various forms across different
civilizations, and its evolution has helped shape the way societies function today.
Definition of Law:

Law can be defined as a collection of rules, regulations, and principles that are enforced by a
governing authority, such as the state or other institutions. These rules regulate the actions
and behaviors of people within a society. Law ensures that there are clear expectations for
behavior and that there are consequences for violating these expectations. The purpose of law
is to maintain order, protect individuals' rights, and provide a mechanism for resolving
disputes.

For example, laws prohibit stealing because it violates the property rights of others. If
someone steals, they can face legal consequences such as imprisonment or fines. Similarly,
laws ensure people have the freedom to express themselves without fear of unjust
punishment, and they provide protection if their rights are violated.

Meaning of Law:

The meaning of law is vast and can be understood in various ways, depending on the context.
In simple terms, law is a system of rules established by an authority to regulate the actions of
people in society. It helps ensure that individuals and organizations act responsibly and fairly
towards one another.

1. Regulation of Behavior: Law acts as a mechanism for regulating human behavior. It

sets clear boundaries for what is acceptable and what is not. For example, traffic laws
dictate how drivers should behave on the road, ensuring safety and smooth flow of
traffic.
2. Protection of Rights: One of the main functions of law is to protect the rights of
individuals. For instance, laws related to human rights ensure that every person has
the right to live freely and equally, without discrimination. The right to a fair trial,
freedom of speech, and the right to privacy are some of the rights protected by law.
3. Resolving Disputes: Law provides a structured way to resolve disputes. When two
parties cannot reach an agreement on their own, they can take their case to court,
where a judge or jury will listen to both sides and make a ruling. For example, if two
people disagree over a property boundary, they can go to court, and the judge will
decide based on the law.
4. Shaping Society: Law plays a role in shaping society by guiding its evolution. As
societies grow and face new challenges, laws are created or modified to address these
changes. For example, laws regulating the internet have become more important with
the rise of technology and digital communication, addressing issues like cybercrime
and online privacy.
5. Example of Law in Action: A simple example of law in action is the contract law.
When two parties agree to exchange goods or services, they enter into a contract. If
one party fails to fulfill their part of the agreement, the other party can take legal
action to resolve the issue. For example, if someone hires a contractor to build a house
but the contractor does not complete the work as agreed, the homeowner can sue the
contractor for breach of contract. The court will use contract law to decide the case
and ensure that justice is served.
Conclusion:

In summary, law is a critical part of society that regulates behavior, protects individual rights,
and helps maintain order. It has different meanings depending on context and can be seen as a
tool for societal progress, dispute resolution, and the protection of justice. Whether through
written statutes, judicial interpretations, or social norms, law shapes how people interact with
each other and how they are governed.

B. Doctrine of Severability

Introduction:

The Doctrine of Severability is an important legal principle that helps determine how a law or
legal provision is applied when part of it is found to be invalid or unconstitutional. The
doctrine allows the valid parts of a law to remain in force, even if one or more provisions are
struck down by a court. This principle ensures that the entire law doesn't become void due to
the unconstitutionality of a single part, thereby allowing the law to continue to function
effectively in other areas.

Definition of the Doctrine of Severability:

The Doctrine of Severability refers to the principle that if a part of a statute (law) is found to
be unconstitutional, illegal, or invalid, the rest of the statute can remain in force, provided
that the invalid part can be "severed" from the rest of the law without changing the overall
intention of the legislature. This principle ensures that the core legislative intent of a statute is
not defeated simply because one part is struck down.

In simpler terms, if a court rules that one part of a law is not valid, that part can be removed
or ignored, and the rest of the law remains intact and operational. The intention behind this
doctrine is to uphold the effectiveness of the law while removing any unconstitutional or
illegal provisions.

Meaning of the Doctrine of Severability:

The meaning of the Doctrine of Severability lies in ensuring that a legal system is flexible
and does not lose its effectiveness due to one flawed provision. The application of this
doctrine depends on two main factors:

1. The Invalid Provision Must Be Separable: The provision that is found to be invalid
should be severable or separable from the rest of the law. If the invalid part is so
integral to the whole law that removing it would render the entire law meaningless or
unworkable, then the entire law may be struck down. However, if the invalid part can
be removed without disturbing the rest of the law, the remainder of the law can
continue.
2. The Intention of the Legislature: Courts often look at the intent of the legislature to
determine if the invalid provision can be severed from the rest of the statute. If it is
 clear that the legislature would have passed the law even without the invalid
provision, the doctrine of severability allows the rest of the law to stand.

Example of the Doctrine of Severability:

1. Example from Indian Law: In India, the Doctrine of Severability is frequently

applied when a law is challenged for its constitutionality. A famous example of this
doctrine is from the K.K. Verma v. Union of India (1954) case, where the Supreme
Court of India applied the doctrine to save the rest of the law, despite the
unconstitutionality of certain provisions. The court severed the invalid portion of the
law, allowing the remaining valid parts to continue.
2. Example from U.S. Law: A notable example is in the case of National Federation
of Independent Business v. Sebelius (2012), where the U.S. Supreme Court ruled
that the individual mandate provision of the Affordable Care Act (ACA) was
unconstitutional but upheld the rest of the ACA. The Court applied the doctrine of
severability by removing the unconstitutional part (the mandate) while preserving the
rest of the law, ensuring the ACA could still function.
3. Example of Severability in Practical Law: Consider a law that criminalizes certain
actions, but a court finds that one specific section of the law is unconstitutional (e.g.,
violates the freedom of speech). Under the doctrine of severability, the court may rule
that the rest of the law, which deals with other actions, remains in force. The part that
violates freedom of speech is severed from the law, and the rest continues to regulate
the other criminal offenses.

Conclusion:

The Doctrine of Severability is a legal mechanism that preserves the integrity of a law even
when parts of it are declared invalid or unconstitutional. It ensures that the rest of the statute
can continue to be applied if the invalid part is separable and does not affect the overall
legislative intent. This doctrine balances the need for legal continuity with the protection of
constitutional rights, allowing for a law's provisions to be selectively upheld or invalidated,
depending on their compatibility with the Constitution.

C. Doctrine of Eclipse :

Introduction:

The Doctrine of Eclipse is a legal principle primarily used in the context of constitutional
law. This doctrine holds that a law or provision that is inconsistent with or violates the
Constitution may not be completely void, but rather, it becomes "eclipsed" or "shadowed" by
the Constitution until the inconsistency is removed. The doctrine does not render the law
entirely ineffective; instead, it puts the law into a dormant state, where it remains "in the
shadow" of the Constitution. If the provision or law is later amended to comply with the
Constitution, it can "emerge from the eclipse" and become effective again.

Definition of the Doctrine of Eclipse:

The Doctrine of Eclipse suggests that when a law or provision is inconsistent with the
fundamental rights guaranteed by the Constitution, it is not automatically void but is simply
overshadowed by the Constitution, meaning it becomes ineffective only in the specific
context where constitutional rights are violated. If such a law is later amended or modified to
conform to the Constitution, it is said to emerge from the "eclipse" and becomes valid again.

This principle is based on the idea that laws should not be totally destroyed due to
inconsistency with the Constitution, but should rather be suspended until they are brought in
line with constitutional requirements.

Meaning of the Doctrine of Eclipse:

Under this doctrine, if a law or a part of it is inconsistent with the Constitution, particularly
with respect to fundamental rights, it is not declared void in its entirety but merely "eclipsed."
This means that the law is not entirely invalid but is inoperative for the time being until it is
amended to meet constitutional standards. Once the law is modified to align with the
Constitution, it "emerges from the eclipse" and becomes effective once again.

This doctrine is important because it helps preserve the continuity of legal norms and ensures
that laws are not entirely discarded due to their unconstitutional nature, but instead can be
modified or adjusted to bring them into compliance with the Constitution.

Example of the Doctrine of Eclipse:

1. Example from Indian Law: A well-known example of the Doctrine of Eclipse in

India can be found in the Keshavananda Bharti v. State of Kerala (1973) case,
which dealt with the amendment of the Constitution. In this case, the Supreme Court
of India applied the Doctrine of Eclipse when dealing with laws that were inconsistent
with the fundamental rights guaranteed by Part III of the Constitution. The Court
ruled that a law inconsistent with fundamental rights does not become void but is
eclipsed and cannot operate until it is amended to align with the Constitution.
2. Example from the Constitution of India: Under Article 13(1) of the Indian
Constitution, if a law is inconsistent with any of the fundamental rights, it will be
considered void to the extent of inconsistency. However, if such a law is later
amended or repealed to make it consistent with the Constitution, it comes back into
effect, as per the Doctrine of Eclipse. For example, a law that was passed before the
adoption of the Constitution and violates certain fundamental rights might not be
entirely void but suspended. Once the law is amended to respect those rights, it can
become effective again.
3. Example from Other Legal Systems: The Doctrine of Eclipse is less commonly
applied outside of India, but similar principles can be seen in the ways certain
outdated laws may remain on the statute books but are not enforced until they are
brought in line with current constitutional norms or reforms. For instance, in some
jurisdictions, a provision that conflicts with modern human rights laws might remain
dormant until it is reformed to comply with contemporary legal standards.

Conclusion:

The Doctrine of Eclipse provides a nuanced approach to dealing with laws that conflict with
constitutional provisions, particularly fundamental rights. Instead of declaring such laws
completely void, it suspends their operation until they can be modified to comply with the
Constitution. This approach balances legal continuity with the protection of constitutional
rights, ensuring that laws can be reformed and re-emerge in a constitutionally valid form,
preserving the legislative intent behind the laws while respecting the supremacy of the
Constitution.