Table of Contents

01. Nature of Constitution, Constitutionalism,

Constitutional Morality 3

02. Preamble of the Indian Constitution 11

03. Fundamental Rights 30

04. Directive Principles of State Policy 86

05. Fundamental Duties 93

06. Amendments 96

07. Federalism 102

08. Executives 129

09. Parliament and State Legislature 144

10. Judiciary 184

11. Local Government  222

12. Elections 251

13. Constitutional and Statutory Bodies 294

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CHAPTER 1

Nature of Constitution,
Constitutionalism,
Constitutional Morality
Questions from this theme are increasing with time but solid narratives on the same are missing
pushing aspirants to write substandard answers merely consolidating what they know.

Previous Year Questions 

[UPSC 2019] GSIV: What do you understand about the term ‘constitutional morality’? How does one uphold constitutional morality? (10M)

[UPSC 2021] ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of
‘Constitutional Morality’ with the help of relevant judicial decisions. (10M)

[UPSC 2022] “The most significant achievement of modern law in India is the constitutionalization of environmental problems by the
Supreme Court.” Discuss this statement with the help of relevant case laws. (10M)

[UPSC 2023] “The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a
progressive society”. Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (15M)

[UPSC 2023] Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.
(15M)

Quotes 
On the significance of the constitution - “Constitution is not a mere lawyers’ document, it is a vehicle of Life, and its spirit is always the
spirit of Age.”- B.R. Ambedkar

On the nature of the constitution - “So long as you do not achieve social justice, whatever freedom is provided by the law to you will be
of no avail”- B.R. Ambedkar

On Constitutional Morality and constitutionalism - “However good a Constitution may be, if those who are implementing it are not
good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good”.- B.R. Ambedkar

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Constitution 
The Constitution serves as the foundational law on which other laws are constructed and enforced. The Constitution establishes
the fundamental structure of the political system, upholds the rule of law, and delineates the powers and duties of government organs.

Functions of the Constitution

Coordination rules for diverse groups: It establishes fundamental guidelines enabling minimal coordination among members of a diverse
society. For instance, Part III outlines principles of equality, non-discrimination, and individual rights, fostering a cohesive and inclusive
society.

It delineates the distribution of power in society and delegates specific decision-making authority to various entities or authorities. For
eg. the 7th Schedule divides the legislative power between the Union and State governments.

The Constitution both empowers and constrains the State’s authority. It allows the government to realize societal aspirations and
implement principles of justice, liberty, and fraternity. Simultaneously, it establishes boundaries on the government›s ability to impose
restrictions on its citizens. For eg. while Articles 15 and 16 prohibit the government from discriminating against citizens, they also provide
for affirmative action in favor of vulnerable groups.

The constitution also sets forth the fundamental principles and objectives that govern the establishment and governance of a state. Ex-
amples include the Preamble and the Directive Principles of State Policy (DPSP).

Indian Constitution as ‘Bag of Borrowings’

Indian Constitution is often criticized as a Bag of Borrowings, having its features picked up from various other Constitutions.

Arguments in favor
1. Fundamental Rights borrowed from the United States Constitution.
2. Directive Principles of State Policy is inspired by the Irish Constitution
3. Parliamentary System including the bicameral legislature and the role of the Prime Minister, mirrors the British model.
4. Federal Structure with a strong central government was influenced by the Canadian Constitution.
5. Emergency Provisions were derived from the Weimar Constitution of Germany.
6. Fundamental Duties was inspired by the Soviet Constitution.
7. The concurrent List was borrowed from the Australian Constitution.
8. Judicial Review was adopted from the American system

Arguments Against
‘Nobody holds any patent rights in fundamental ideas of the Constitution’ - Ambedkar. The crafting and implementation of its provisions
were guided and adapted by Indians to accommodate the diverse local realities. Eg - Federalism.

Indian civilizational values: Equality, fraternity, liberty, federalism, republic, democracy, etc. can be traced back to ancient Indian history
and scriptures. For eg-

1. The secularism in the Indian Constitution is influenced by ‘sarva dharma sambhav’

2. The Rig Veda emphasizes the idea of the unity of all beings and the absence of discrimination based on caste or birth.
3. The Arthashastra calls individual liberties and property rights as essential components of good governance
4. The establishment of the “Mahasangha” or the Great Assembly in ancient India is considered an early form of a republic.
5. The concept of “Sabha” and “Samiti” in ancient texts reflects democratic practices.

Not blind but innovative and modified borrowing- For eg. The U.S. Constitution envisions the Bill of Rights, whereas our Constitution
includes not only Rights but also Fundamental Duties for all citizens of India.

Certain basic features are common in all the democratic constitutions in the world. Eg. Protection of individual rights, separation of
powers, rule of law, and mechanisms for representative government, such as elections and checks and balances.

Extensive deliberation- The Constitution is the result of brainstorming for 2 years, 11 months, and 18 days where each provision was exten-
sively debated.

Many provisions were of Indian origin. Eg. Finance Commission, Reservation, etc.

Even at present, the Indian judiciary remains open to applying foreign constitutional doctrines in domestic cases, aiming to stay cur-
rent and embrace best practices. Eg. in the Maneka Gandhi case, the Supreme Court expanded the scope of personal liberty under Article
21 of the Indian Constitution by drawing on the U.S. concept of “due process of law.”

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Constitution as a living document

According to Woodrow Wilson, living political Constitutions must be Darwinian in structure and in practice.

Although the Constitution is a permanent document, it is designed to apply to future situations and conditions. The words and
expressions used must be interpreted with an understanding of social values and adapted to changing needs. Eg- SC›s interpretation of
the Right to Privacy as an integral part of the Right to Life and Personal liberty under Article 21.

Balance between rigidity and flexibility Article 368 enables it to sustain the core basic structure while amending the rest according to
the changes in society. Eg. Right To Education, Amending Article 370, GST Act, etc.

Social and Economic Changes: The Constitution has demonstrated its adaptability in addressing social and economic changes. Amend-
ments related to land reform, reservation policies, and environmental protection reflect the responsiveness to evolving social dynamics.

Inclusivity: According to President Droupadi Murmu, the makers created a comprehensive Constitution due to their sensitivity towards
each section of society and awareness of each level of democracy and each aspect of administration. As Constitution makers had clarity
of thought about the rights of future generations to create systems according to their needs, the provision for Constitutional amendments
was included in the Constitution itself

Achievements of the Indian Constitution

Thriving democracy: It established the framework delineating the fundamental political code, rights, and duties of both the government
and citizens, earning the title of the world’s largest secular and democratic country.

The Constitution, owing to its dynamic nature, has facilitated the progressive realization of rights, adapting to emerging principles like
the Right to Privacy, LGBTQ Rights, and Environmental Rights.

The Constitution’s transformative nature has served as a beacon for social progress, with India evolving to recognize various rights such
as the Right to Information (RTI), Right to Education (RTE), Right to Sexual Orientation, etc.

The Constitution ushered in a new era of social justice in Indian society by prohibiting any form of social discrimination and instituting
affirmative actions to rectify historical injustices. Eg- recent Constitution (106th Amendment) Act, 2023.

Limitations and Challenges

The Indian society continues to grapple with issues like caste oppression, untouchability, wealth concentration, and poverty, suggest-
ing a perceived failure of the Constitution in fully realizing its objectives of ensuring comprehensive social and economic justice. Eg. the
continuation of inhuman practices such as manual scavenging.

The principle of fraternity, which emphasizes a sense of brotherhood and unity among citizens, has faced challenges due to communal
riots and secessionist movements in various parts of the country.

The multiple amendments, exceeding 100, are indicative of challenges in achieving a stable and enduring framework for governance.

Declaration of President’s Rule, Governors as agents of central government undermines the principles of federalism envisioned by the
framers.

Constitutionalism 
Technically speaking, Constitutionalism is “a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the
authority of government derives from and is limited by a body of fundamental law.”

A Constitution alone does not ensure that the government will act in its spirit. Governments often justify increasing their powers, which
can go against the people’s will. Constitutionalism ensures that government actions remain aligned with constitutional principles and the
people’s will.

In the I.R. Coelho case, the Supreme Court held that “constitutionalism is a legal principle that requires control over the exercise of Gov-
ernmental power to ensure that it does not destroy the democratic principles upon which it is based”.

In the Rameshwar Prasad case, the Supreme Court held that “the constitutionalism or constitutional system of Government abhors
absolutism - it is premised on the Rule of Law in which subjective satisfaction is substituted by objectivity provided by the provisions of
the Constitution itself”.

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Principles of Constitutionalism
Louis Henkin defines constitutionalism as constituting the following 9 elements:

1. Government according to the constitution - The written constitution provides for the codification of fundamental laws and
principles into a single, formal document that serves as the supreme law of the land.

2. Separation of power - it prevents the concentration of power, ensures checks and balances, and safeguards against potential
abuses, thereby promoting accountability and the rule of law within a constitutional framework.

3. Sovereignty of the people and democratic government - The ultimate authority lies with the people who elect representatives,
ensuring government accountability and participation in the democratic process.

4. Constitutional review - SC in Raja Ram Pal case and I.R. Coelho case 2007 has reshaped the whole demarcation and estab-
lished the superiority of principles such as Basic Structure Theory enhancing the spirit of constitutionalism.

5. Independent judiciary - to ensure that laws are applied fairly, protecting individual rights and upholding the rule of law without
external influence.

6. Limited government subject to a bill of individual rights - The government’s powers are restricted by a constitution that pro-
tects personal freedoms, preventing arbitrary or unjust actions.

7. Rule of law - ensures that laws are applied uniformly to all individuals, upholding equality and legal predictability, while also con-
straining government powers within defined legal limits to prevent arbitrary actions and protect fundamental rights.

8. Civilian control of the military - Civilian elected authorities maintain control over the military, ensuring it remains subordinate
to democratic institutions and preventing political interference.

9. No state power, or very limited and strictly circumscribed state power, to suspend the operation of some parts of, or the
entire, constitution.

Constitutional Morality 
“Constitutional morality is not a natural sentiment. It has to be cultivated”.

Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy. It is not just limited to follow-
ing the constitutional provisions in their literal sense but includes a commitment to an inclusive and democratic political process in which
both individual and collective interests of the society are satisfied.

Transformative constitutionalism: It entails instilling principles such as equality, liberty, fraternity, and dignity into society and achieving
the Constitution›s primary goal of transforming society for the better. It tries to give paramount significance to Constitutional morality
rather than what constitutes morality in society.

Elements of Constitutional Morality

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Constitutional Morality under the Indian Constitution

Preamble: The Preamble of the Constitution articulates the guiding values, including justice, liberty, equality, and fraternity, which form
the foundation of constitutional morality.

Fundamental Rights: The Constitution guarantees Fundamental Rights to citizens, reflecting the commitment to individual freedoms and
liberties. The ever expanding scope of Fundamental Rights suggests alignment with the ideals of Constitutional Morality.

Directive Principles of State Policy(DPSP): Articles 38, 39, and 41, among others, within the DPSP outline socio-economic goals and
principles for the state, reflecting a commitment to social justice, equality, and individual well-being.

Separation of Powers(Article 50): The Constitutional framework establishes separation of powers among the legislative, executive, and
judicial branches, promoting a system of checks and balances that ensures accountability and prevents the abuse of power.

Judicial Review: The power of judicial review, inherent in the Constitution, allows the judiciary to assess the constitutionality of laws and
government actions, ensuring they align with constitutional values and morality.

Amendment Process: The provision for amending the Constitution underscores its adaptability to changing societal values while main-
taining its core principles, demonstrating a commitment to evolving constitutional morality.

Constitutional Institutions: The establishment of constitutional bodies and institutions, such as the Election Commission and the
Comptroller and Auditor General, reinforces the adherence to constitutional principles and morality in the functioning of the government.

Significance of Constitutional Morality

Ambedkar saw constitutional morality as the ability to balance conflicting interests and encourage cooperation to resolve
issues peacefully, without major confrontations or violence. He believed Constitutional Morality addresses societal disparities and
emphasized respect for constitutional democracy as the accepted form of governance and administration.

Positive Transformation in Societal Morality - Constitutional morality can help update laws that are outdated. According to Granville
Austin constitutional morality is a living principle that evolves with time, guiding society towards higher ideals and progressive change.
Eg - Change in social attitude towards Sati after the law prohibiting Sati.

In Government of NCT of Delhi v. Union of India, the Supreme Court equated constitutional morality to a ‘second basic structure
doctrine’, stating that it encompasses more than just the forms and procedures of the Constitution; it provides a framework that
enables societal self-renewal.

Building Public Trust - In the Lt Governor of Delhi case, SC proclaimed constitutional morality as a governing idea that highlights the
need to preserve the trust of people in the institution of democracy.

Upholds Fundamental Principles: Ensures that the core values of justice, liberty, equality, and fraternity guide the interpretation and
implementation of laws.

Ensures Accountability: Holds government and public institutions accountable to the principles enshrined in the Constitution.
According to Nani Palkhivala, constitutional morality serves as a safeguard against the tyranny of the majority and is crucial for
preserving the rights of minorities and individuals.

SC judgments on Constitutional Morality

The phrase had been used in less than 10 reported cases by the Supreme Court till 2010 from the time the Constitution was adopted.
However, in the year 2018 alone, it has been used in more than 10 reported cases by the Supreme Court.
In the Kesavananda Bharati case, two judges invoked the term Constitutional Morality but didn’t deal with it in detail. Also, in the SP
Gupta case (First Judges’ case), it was stated that there was a serious breach of Constitutional Morality.

Holding that constitutional morality would prevail over social morality, the Supreme Court in the Navtej Singh Johar case, 2018 struck
down Section 377 of the Indian Penal Code and declared such provision unconstitutional in so far as it criminalized consensual sexual
conduct between adults of same-sex.

In the Sabarimala verdict, SC ruled that the exclusion of women aged 10-50 from worship at Sabarimala Temple violates four key prin-
ciples of constitutional morality: justice, liberty, equality, and fraternity. SC reaffirmed religious freedom, gender equality, and the right of
women to worship, by bypassing the “doctrine of essentiality”.

Joseph Shine Case - The Supreme Court noted that constitutional morality must guide the law and not the common morality of the State.
Thus, it struck down Section 497 of IPC, which made adultery a crime.

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Criticism of Constitutional Morality

Some critics argue that the concept of constitutional morality remains understudied and there is a need for a consensus to be reached
for defining and applying this concept.

The application of this doctrine without proper limits or restrictions has the potential to result in judicial overreach, raising concerns
about a violation of the separation of powers.

The concept of constitutional morality is subjective, with its interpretation varying based on individual or institutional perspectives. This
subjectivity may lead to justifications for different actions and decisions, raising concerns about inconsistency and potential misuse.

Against social morality- Critics assert that constitutional morality lacks popular legitimacy as it may not always align with the prevailing
public sentiment or morality. The argument suggests that imposing constitutional morality without considering broader public consent
could lead to a perceived disconnect between legal principles and societal values. Ex- opposition to Sabarimala Verdict.

Difference between Constitutionalism

& Constitutional Morality
Constitutionalism Constitutional Morality
It is a political philosophy emphasizing limited govern- It goes beyond legal compliance, emphasizing adherence to mor-
ment powers defined by a constitution. al principles in a constitution.
It promotes the rule of law, ensuring government actions Involves an ethical foundation, recognizing the moral and ethical
adhere to established legal principles, and involves checks dimensions of constitutional principles.
and balances to prevent the concentration of power in any
one branch of government.
Protects individual rights and liberties through Guides the interpretation and application of constitutional provi-
constitutional provisions. sions based on broader ethical considerations.
Focuses on the structural and procedural aspects of Acknowledges the evolution of societal values and the need for
governance. contemporary interpretations.
For eg. - The Indian Constitution, from a constitutionalism In the Puttaswamy case (2017), the SC recognized the right to
standpoint, doesn’t explicitly mention a right to privacy as a privacy as a fundamental right, interpreting the Constitution in a
fundamental right. way that aligns with contemporary ethical values.

SC Judgments on various aspects 

Active Judiciary judgments
1. Kesavananda Bharati v. State of Kerala (1973): concept of the «Basic structure» of the constitution, asserting that certain core
principles and features cannot be altered through constitutional amendments, ensuring the integrity and stability of the constitutional
framework.

2.Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court expanded the scope of personal liberty under Article 21,
declaring that it includes all freedoms guaranteed by the Constitution.

3.SR Bommai Case (1994): The judgment emphasized the importance of constitutional norms and federalism in dealing with issues
related to the dismissal of elected state governments.

4. Vishaka v. State of Rajasthan (1997): The Supreme Court, in the absence of specific legislation, laid down guidelines to prevent and
redress sexual harassment, showcasing the judiciary›s proactive role in protecting fundamental rights.

5. Right to Privacy (Puttaswamy case): The judgment expanded the scope of Article 21 to include the individual’s right to privacy, mark-
ing a significant development in the protection of personal autonomy.

6. Right to Marriage (Hadiya case): The judgment reinforced the autonomy of individuals in matters of marriage and upheld the princi-
ple of individual choice as an integral part of the right to life and personal liberty..

7. Decriminalization of Section 377 (Navtej Singh Johar case): The judgment affirmed the rights of LGBTQ+ individuals and upheld the
principles of equality and non-discrimination.

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8. Prevent Honor Killing (Shakti Vahini case): The judgment emphasized the need for preventive measures and protection of couples
exercising their right to marry outside traditional societal norms.

9. Address Environmental Pollution (MC Mehta case).

SC Judgments on Environment
Vellore Citizens Welfare Forum case: The Court emphasized the polluter pays principle and held that Article 21 of the Indian Constitution
includes the right to a healthy environment.

M.C. Mehta case (1986): This case laid the foundation for the “Public Trust Doctrine,” which holds that natural resources are held in trust
by the state for the benefit of the public. The court issued orders to close down several polluting industries.

Subhash Kumar v. State of Bihar (1991): The court recognized the right to a pollution-free environment as an integral part of the right to
life under Article 21.

A.P. Pollution Control Board v. Prof. M.V. Nayudu (2001): The court reiterated the importance of the “Polluter Pays” principle and held
that industries causing environmental degradation must pay compensation for the damage caused.

T.N. Godavarman Thirumulpad v. Union of India (2012): The court established the concept of “intergenerational equity” and directed the
closure of illegal mining and unauthorized construction within forests.

Centre for Public Interest Litigation v. Union of India (2011): The court took a strong stance against illegal mining in Goa and Karnataka,
emphasizing the importance of sustainable mining practices and environmental conservation.

SC Judgments on Gender Justice

Vishaka & Ors. v. State of Rajasthan: The court observed that as per Articles 14(2), 19(1)(g), and 21(4), every profession, trade, or
occupation should provide a safe working environment to all the employees. Using powers under Article 141, the court provided certain
guidelines to deal with cases of Sexual Harassment of women at workplaces.

Laxmi v. Union of India: This case led to the enactment of Section 357-A in the CrPC which provides compensation to the victims of
acid attack or their dependents. The Supreme Court announced a minimum compensation of 300000₹ to all the victims. Section 357-C
was also inserted in the CrPC which provides that all hospitals be it a centrally run hospital, a state-run hospital or a private hospital shall
provide first aid to an acid attack victim free of cost.

Shayara Bano v. Union of India (Triple Talaq case): The Supreme Court held the practice followed by Muslim husbands of taking divorce
by saying talaq thrice as unconstitutional.

Naz Foundation v. Government of NCT of Delhi: the apex court held Section 377 of the Indian Penal Code, 1860 as unconstitutional for
violating Article 14, 15, 19, and 21 of the Constitution to the extent of criminalizing consensual intercourse between two adults.

State Of Maharashtra And Another vs Madhukar Narayan Mardikar(1991): According to the Supreme Court, every woman has a right
to sexual privacy, which cannot be subjected to invasion by anyone at any time.

Independent Thought v. Union of India(2017): In this landmark case, the Supreme Court of India held that the exception to Section
375(2) of the Indian Penal Code, which allows for non-criminalization of marital rape, is unconstitutional and violates the rights of women.
The court also held that sexual intercourse with a minor wife below the age of 18 would constitute statutory rape, irrespective of marital
status.

Secretary, Ministry of Defence v. Babita Puniya (2020): The Supreme Court, in this case, held that the Short Service Commission
(SSC) women officers in the Indian Army are entitled to Permanent Commission (PC) on par with their male counterparts. The judgment
emphasized gender equality and recognized the commitment and service of women officers in the armed forces.

Lt. Col. Nitisha v. Union of India (2021): This case involved a plea by a woman officer seeking direction from the Army to grant her
Permanent Commission. The Supreme Court directed the Indian Army to grant Permanent Commission to women officers who had opted
for it and completed 14 years of service, reiterating the principles of gender equality and non-discrimination.

Mary Roy v. State of Kerala: It is a landmark judgment of 1986 pronounced by the Supreme Court of India recognizing the rights of
Christian women related to intestate successions.

Gaurav Jain v. Union of India (1997): The Supreme Court held that the denial of maternity leave to a female employee due to her pregnancy
was discriminatory and violated the principles of equality.

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SC Judgments on Children
Bachpan Bachao Andolan vs Union of India: In the PIL filed by BBA, the Supreme Court issued notice to the central government and the
NCPCR following a BBA PIL seeking the implementation of guidelines for the safety of children in schools.

Society of Private Unaided Schools vs. Union of India: The apex court upheld the constitutional validity of the Right of Children to Free
and Compulsory Education Act, 2009.

Bachpan Bachao Andolan vs. Union of India: The Supreme Court recognized trafficking as an organized crime and defined it in accor-
dance with the United Nations Convention Against Transnational Organised Crime (UNCTOC). The court also ordered a total ban on the
use of children in circuses.

J. K. Mittal v. State of Haryana (2002): The Supreme Court directed the state government to take measures to prevent child labor and
ensure the welfare of children involved in the hazardous industry of firecracker manufacturing.

Vishal Jeet vs Union of India: The Supreme Court issued directions to the State Government for eradicating child prostitution and setting
up rehabilitative homes for such children.

Court on its own motion vs State of Delhi: The Delhi High Court laid down guidelines – to ensure sensitivity of the criminal justice system
towards victims of child sexual abuse; the responsibilities of the police, the manner in which medical examination should be conducted,
recording of a statement by the magistrate, and the procedure before the trial court.

SC judgments on Tribals
Samatha v. State of Andhra Pradesh(1997): The judgment clarified that tribal land cannot be transferred to non-tribals without the ap-
proval of the government, protecting the land rights of tribal communities.

Nandini Sundar v. State of Chhattisgarh(2011): The Supreme Court issued guidelines to ensure the protection of tribal rights and pre-
vent human rights violations in conflict zones.

Gram Sabha, Village Khamti v. State of Arunachal Pradesh(2019): The judgment highlighted the significance of tribal self-governance,
the protection of their customary rights and the autonomy of Gram Sabhas in decision-making processes related to land and resources..

Forest Rights Committee, Tikamgarh v. State of Madhya Pradesh(2019): The judgment emphasized the need for proper implementa-
tion of the FRA to protect the rights of tribals over forest land.

Kailas & Others v. State of Maharashtra(2011): The Supreme Court emphasized the importance of fair compensation, rehabilitation, and
the need to safeguard the rights and interests of tribal communities affected by development projects.

SC judgments on Minorities
T.M.A. Pai Foundation v. State of Karnataka(2002): The Supreme Court upheld the autonomy of minority educational institutions, rec-
ognizing their right to establish and administer institutions of their choice.

Mohd. Hanif Quareshi v. State of Bihar(1959): The judgment balanced the religious practices of minorities with the state’s interests in
preserving public order and preventing cruelty to animals.

St. Xavier’s College Society v. State of Gujarat(1974): The Supreme Court, in this case, affirmed the autonomy of minority educational
institutions, emphasizing that they have the right to admit students of their choice and administer their internal affairs without interfer-
ence from the government.

Bal Patil v. Union of India(2005): This case dealt with the interpretation of the term “linguistic minorities” under Article 30 of the Consti-
tution, which provides rights to minorities to establish and administer educational institutions. The Supreme Court clarified the scope of
linguistic minorities and their rights under the Constitution.

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CHAPTER 2

Preamble of the
Indian Constitution
S.R. Bommai v. Union of India(1994): While not specific to minorities, the judgment emphasized the secular nature
of the Constitution and the importance of protecting minority rights in the political context.

The American constitution was the first to begin with a preamble. Many counties, including India, followed this
practice. A preamble is an introductory and expressionary statement in a document that explains the docu-
ment’s purpose and underlying philosophy.

PYQs 
[UPSC 2015] Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances?

Historical Background 
On December 13, 1946, Nehru moved the ‘Objective Resolution’ in the Constituent Assembly. This resolution defined the basic goal
or purpose of the Indian Constitution. The same resolution was later modified and adopted as the Preamble to the Indian Constitution.

Provisions of the Objectives Resolution:

1. It proclaimed India to be an independent Sovereign Republic.
2. It declared the aim of the Constituent Assembly to write a constitution which fosters unity of the nation and ensures it’s
economic and political security.
3. All powers and authority of sovereign and independent India and its constitution shall flow from the people.
4. India to have a Federal form of government with Division of Powers between the Centre and the States.
5. All people of India shall be guaranteed and secured social, economic, and political justice; equality of status and oppor-
tunities and equality before the law; and fundamental freedoms – of speech, expression, belief, faith, worship, vocation,
association and action – subject to law and public morality.
6. To provide adequate safeguards to the minorities, backward and tribal areas, depressed and other backward classes.
7. To maintain the integrity of the territory of the Republic and the sovereign rights on land, sea and air according to the
law of civilized nations.
8. To attain a rightful and honored place in the world and make willing contribution to the promotion of world peace and the
welfare of mankind.

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We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, Social, Economic and Political;

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

EQUALITY of status and of opportunity and to promote among them all;

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

In Our Constituent Assembly, this 26th day of November 1949, do HEREBY ADOPT, ENACT, and
GIVE TO OURSELVES THIS CONSTITUTION.

Components of the Preamble

1. Source of authority for the Constitution – The Preamble states that the Constitution derives its authority from the people of
India.

2. Nature of Indian State – It declares India to be a Sovereign, Socialist, Secular Democratic, and Republican Polity.

3. Objectives of the Constitution – It specifies Justice, Liberty, Equality, and Fraternity as the objectives.

4. Date of adoption of the Constitution – It stipulates November 26, 1949, as the date of its adoption.

Significance of preamble with scholar’s viewpoints

1. In Sajjan Singh vs State of Rajasthan, Justice Madholkar said that the Preamble had the stamp of “deep deliberation”
and «an epitome» of the broad features of the Constitution.

2. K.M. Munshi: “horoscope” of India’s sovereign democratic republic.

3. Sir Ernest Barker’s Tribute: called the Preamble the «keynote» of the Constitution and quoted it in his book Principles of
Social and Political Theory (1951).

Debate surrounding whether preamble is part of constitu-

tion or not
1. Berubari Case (1960) - the Supreme Court held that the Preamble serves as a guide to understand the framers’ intentions but
is not part of the Constitution and is not enforceable in a court of law.

2. In Golak Nath v. State of Punjab, Justice Hidayatullah observed that the Preamble represents the core principles guiding the
functioning of the government and described it as the “very soul” of the Constitution, eternal and unalterable.

3. Kesavananda Bharati Case:

1. SC ruled that the Preamble is a “Basic Structure” of the Constitution. The court also ruled that the Preamble can be
amended, but only if the “Basic Structure” of the Constitution is not altered.
2. The Preamble plays an important role in the interpretation of statutes and provisions of the Constitution. So,
the preamble is part of the Constitution.
3. Justice Sikri held: Any provisions of the Constitution could be amended under article 368 only within the broad con-
tours of the Preamble and of the Constitution.
4. The 1995 case of Union Government Vs LIC of India: The Supreme Court has once again held that Preamble is an integral
part of the Constitution but is not directly enforceable in a court of justice in India.

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Salient Features and keywords in Preamble 

Sovereignty 
1. Sovereignty refers to the supreme authority and power that a government or state possesses within its borders. According
to Bodin, “Sovereignty is the supreme power of the State over citizens and subjects unrestrained by law”
2. Popular Sovereignty - The principle of popular sovereignty is concept of the social contract and asserts that the origin of
governmental power, or sovereignty, resides in the people.
3. There are two primary aspects of sovereignty:
1. Internal Sovereignty: It includes the power to create and enforce laws, maintain order, and govern institutions within
the country.
2. External Sovereignty: External sovereignty entails the right to conduct foreign policy, engage in diplomatic relations,
and make decisions without undue influence from external forces.

Other Key Attributes of Sovereignty

1. Political Authority: Sovereignty grants the state ultimate authority over all governance.
2. Exclusivity: The state holds exclusive control over its affairs, free from outside interference.
3. Territoriality: Sovereignty applies to a specific geographic area under state control.
4. Recognition: International acknowledgment legitimizes a state’s sovereignty.
5. Legal Autonomy: Sovereign states independently create and enforce their laws.
6. Legitimacy: Sovereignty is tied to government legitimacy, often from public consent.
7. Defense: The state is responsible for national security and citizen protection.

Sovereignty under the Indian Constitution

1. Preamble: The Preamble asserts that the Indian Constitution, adopted on November 26, 1949, derives its authority from the
people, affirming India as a sovereign democratic republic.
2. Article 51A(c): Citizens are constitutionally obligated to uphold and protect India›s sovereignty, unity, and integrity.
3. Oaths in Third Schedule: The commitment to safeguard India›s sovereignty, unity, and integrity is mandatory in the oaths of
Chief Justices, Union Ministers, and MPs.

Limitations of Sovereignty
1. Constitutional Limitations
1. Fundamental Rights: The judiciary protects these rights by reviewing and striking down any government actions that
violate them.
2. Judicial Review: Under Article 13, courts can nullify laws that are unconstitutional, ensuring legal compliance with the
Constitution.
3. Separation of Powers: Article 50 ensures no single branch dominates, maintaining a balance of power in
governance.
4. Federal Structure: Central and state governments share authority across Union, State, and Concurrent Lists, limiting
absolute control by either.
2. The Basic Structure Doctrine(Kesavananda Bharati v. State of Kerala)
3. International Limitations
1. International Treaties: Agreements like the WTO limit sovereignty in areas such as subsidies, requiring adherence to
global regulations.
2. Human Rights Standards: Sovereignty may be constrained when domestic policies conflict with international human
rights obligations.
3. Economic Interdependence: Global trade and financial agreements influence domestic policies, reducing absolute
control over economic decisions.
4. International Law: Compliance with international norms, such as UNCLOS, restricts sovereignty in specific legal
contexts.
4. Moral Limitations - religious, moral, and legal values like Justice and Fairness, protection of minorities, Accountability and
transparency. Eg- No First Use Nuclear Policy.

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Impact of Globalization on Sovereignty

Globalization is considered a ‘double-edged sword’. The complex process of increased interconnectedness and interdepen-
dence among countries around the world has both empowered and challenged the traditional concept of state sovereignty.
1. Political Implications: Globalization spreads democratic values but challenges sovereignty through institutions like the EU,
which imposes supranational governance on member states.
2. Economic Impact: Globalization boosts trade and investment, fostering growth, but exposes states to crises like the 2008
financial meltdown, which had global repercussions.
3. Multinational Corporations: These entities hold significant cross-border influence, often challenging the regulatory powers of
individual nations.
4. Cultural Dynamics: While promoting cultural exchange, globalization risks eroding traditional identities through
homogenization.
5. Information Technology: IT accelerates cultural globalization, reshaping national values, as seen in social media’s role in the
Arab Spring.
6. Global Challenges: Global crises, like climate change and pandemics, require multilateral solutions, as illustrated by the
COVID-19 pandemic.

Recent News
» SC in its judgment on Article 370 has held that Jammu and Kashmir ceded its sovereignty to the Dominion of India “absolutely
and completely”. It also held that the restraint on the Parliament to enact certain laws in Jammu and Kashmir was due to limita-
tions on enacting laws on subjects in the State List of the Indian Constitution.

Socialism 
It is a governmental system that advocates community ownership and control of all lands and businesses rather than individual
ownership. The word ‘Socialist’, added in the Preamble by 42nd Amendment Act, 1976 aims to eliminate inequality in income, status and
standard of living.

Types of socialism

1. Revolutionary Socialism: Advocates rapid societal transformation through revolution rather than gradual reforms.

2. Democratic Socialism: Promotes socialism through democratic means, with a mixed economy model. Eg: Nordic countries
(Sweden, Norway).

3. Scientific Socialism: Marx and Engels› theory that capitalism will give way to socialism via proletarian revolution.

4. Anarcho-Syndicalism: Calls for direct action by labor unions to establish a stateless, socialist society. Eg: Spanish Revolution
(1936-1939).

5. Market Socialism: Combines markets with socially owned production, like worker cooperatives. Eg: Yugoslavia under Tito.

6. Ecological Socialism: Integrates environmentalism into socialism, focusing on sustainable development. Eg: Global Green
Party movements.

7. Reformist Socialism: Seeks change through democratic reforms rather than revolutionary means.

Indian Socialism
1. 42nd Amendment, 1976: The term «Socialist» was added, but the Directive Principles of State Policy (DPSPs) already
reflected socialist ideals.

2. Nehruvian Socialism: state-led industrialization, central planning, and public sector control of key industries.

3. Five-Year Plans: promoted industrialization through significant state intervention.

4. Public Sector Dominance: The government controlled key industries like steel and mining through public enterprises.

5. Land Reforms: Socialist principles drove land distribution efforts to address rural inequality.

6. Mixed Economy: The public sector dominated strategic industries, while the private sector operated in various other areas.

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7. Gandhian Socialism -

1. For Gandhi, socialism meant equality, where all—prince, peasant, wealthy, poor, employer, and employee—are equal.

2. Marxist vs Gandhian Socialism: While Marxist socialism advocates collective ownership and abolishing private
property, Gandhian socialism emphasizes self-reliance, cottage industries, and rural revitalization.

3. Article 40: Promotes village panchayats to handle local administration, in line with Gandhian ideals.

4. Article 43: Encourages the promotion of cottage industries in rural areas. Eg: Khadi and Village Industries
Commission (KVIC).

5. Article 43(B): Supports the voluntary formation and democratic control of cooperative societies (97th CAA, 2011).

6. Social Justice and Welfare: Articles 15, 16, and 46 uphold social justice, preventing discrimination and supporting
marginalized sections, reflecting Gandhian Sarvodaya ideals.

Significance of socialism
1. Inclusive Development: Policies like reservations and Public Sector Enterprises uplift marginalized groups and drive
industrialization.

2. Land Reforms: Abolition of intermediaries and land ceilings aimed at equitable land distribution and promoting rural equality.

3. Welfare Programs: Programs like MGNREGA and PDS provide social security; MGNREGA reduced poverty by up to 32%.

4. Panchayati Raj Institutions: Empower communities and promote grassroots democracy. Eg: Kerala›s decentralized planning
model.

5. Mixed Economy: Post-LPG, private enterprises play a role, but public entities like Indian Railways and LIC remain integral.

6. Affordable Healthcare: NHM and Ayushman Bharat provide affordable healthcare, reflecting socialist goals of welfare.

7. Education for All: The RTE Act ensures free, compulsory education for children aged 6 to 14, promoting equal opportunities.

8. Workers’ Rights: Laws like the Minimum Wages Act and Factories Act ensure justice for workers.

9. Poverty Alleviation: Programs like PMAY and NRLM aim to reduce poverty and enhance vulnerable populations› well-being.

Challenges to socialism in India

1. Economic Liberalization: Post-1991 reforms reduced public sector share from 35% in 1991 to 22% in 2020, shifting towards a
market-driven economy.

2. Inefficient Public Sector: Air India incurred losses of over ₹70,000 crore by 2020, highlighting inefficiencies in state
enterprises.

3. Wealth Inequality: As per Oxfam›s 2022 report, the top 1% in India held over 40.5% of the country’s total wealth, exacerbating
inequality.

4. Land Reform Implementation: By 2023, land reforms redistributed only 4% of India›s total agricultural land, leaving large
tracts in the hands of landlords.

5. Privatization Trends: Eg- Strategic disinvestment in PSUs

6. Corruption in Welfare: Reports showed that 48% of MGNREGA funds were delayed in 2018, with inefficiencies affecting
scheme execution.

7. Globalization Pressures: WTO obligations limited India›s agricultural subsidies under the Agreement on Agriculture,
restricting state control.

8. Cultural and Political Resistance: Opposition to farm laws in 2020 reflected resistance to reduced state intervention in
agriculture, a key socialist sector.

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SC judgments on Socialism
1. D.S. Nakara v. Union of India (1983): Expanded pension schemes, promoting social justice for retired government employees.

2. Olga Tellis v. Bombay Municipal Corporation (1985): Recognized livelihood as part of the right to life under Article 21,
underscoring the state›s role in ensuring social justice.

3. Bandhua Mukti Morcha v. Union of India (1984): Upheld the right to dignity and fair wages as Fundamental Rights,
emphasizing the state›s obligation to eliminate practices that conflict with socialist ideals of justice and equality.

4. Minerva Mills v. Union of India (1980): Reaffirmed socialism as promoting economic equality and welfare state principles.

5. Excel Wear v. Union of India (1979): Balanced socialism with individual rights, ruling that socialism should not undermine the
right to conduct business.

Secularism 
Secularism is a principle or ideology that advocates for the separation of religious institutions and beliefs from the affairs of the
state, government, or public institutions.

According to Akeel Bilgrami, Secularism consists of three commitments

1. Freedom of religious belief and practice,

2. Principles enshrined in the constitution such as equality, freedom of speech, gender equality

3. Meta-commitment, which says if there is a clash between the first and second commitments, the second commitment must
get priority

Secularism under the Indian constitution

1. Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth, ensuring equal treatment by the state.

2. Article 16: Guarantees equality of opportunity in public employment, prohibiting discrimination on various grounds.

3. Articles 25-28: Ensures freedom of religion, allowing individuals to practice and propagate their religion, subject to public
order.

4. Article 28: Protects the rights of minorities to establish and manage educational institutions.

5. Articles 29 & 30: Provide cultural and educational rights to protect minority interests.

6. Article 44: Promotes the idea of a Uniform Civil Code to establish common laws for all citizens.

7. Article 51A: Fundamental duty to promote harmony, preserve cultural heritage, and foster brotherhood.

Significance of secularism
1. Religious Pluralism: Secularism maintains social harmony, allowing diverse religious groups to coexist peacefully.

2. Protection of Individual Rights: Eg: Article 25 guarantees freedom of religion.

3. Equality and Inclusion: It prevents religious favoritism, promoting an inclusive society. Eg: The government’s neutrality in
issues like temple and mosque disputes.

4. Protection of Minority Rights: Secularism protects minority rights to establish institutions, as per Articles 29 and 30. Eg:
Christian and Muslim minority schools.

5. Prevention of Religious Discrimination: It separates religion from state power, discouraging the imposition of religious beliefs.

6. Promotion of Rational Governance: Policies are based on rationality, not religious beliefs. Eg: Legislation on education, like
the Right to Education Act, applies uniformly across communities.

7. Political Inclusivity: Secularism discourages religion-based political mobilization, promoting broad-based leadership.

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Western vs Indian secularism

Western secularism Indian secularism
Implies a clear and distinct division between religious in- Represents the positive notion of secularism, wherein
stitutions and governmental affairs. Eg- the French laïcité equal reverence is accorded to all religious beliefs.
model bans religious symbols in public institutions.
Evolved during the European Renaissance as a response to It originated in the ancient Vedic era and is grounded on re-
widespread corruption in the Church and undue interfer- ligious pluralism (Sarva Dharma Samabhav and Dharma
ence in state matters. Nirapekshata.)
Equal distance model - religion is generally seen as Principled distance model - Recognizes religion’s societal
a private matter, and the state aims to maintain equal role, accommodating diverse beliefs with state support and
distance from all religious institutions. promoting religious pluralism and coexistence.
Individual rights take precedence in Western secular- Extends beyond individual rights to also address the con-
ism. cerns and rights of religious and cultural minority commu-
nities.
It does not accommodate the notion of state-sponsored It is in harmony with the concept of state-sponsored reli-
religious reform. gious reform.

Eg- Article 17, Triple Talaq Ban

Criticism of and Threats to Indian Secularism

1. Selective Secularism: Rising religious nationalism and incidents like mob lynching have heightened communal tensions,
showing state favoritism.
2. Minority Appeasement: Parties have been accused of targeting specific religious groups for electoral gains, raising concerns
about vote-bank politics. Eg: Promises of religious quotas during elections.
3. Religious Intervention in State Matters: Government control over Hindu temples in some states has sparked debates over
the state›s role in religious affairs.
4. Lack of Uniform Civil Code: Personal laws based on religion contribute to legal inequalities, hindering a uniform legal
framework.
5. Rise of Communal Tensions: Inadequate state action against communal conflicts questions the success of secularism in
fostering religious harmony.
6. Inadequate Protection of Free Speech: Secularism has been criticized for limiting free speech, especially in cases of religious
criticism or satire.
7. Ineffectiveness in Addressing Social Issues: Indian secularism has struggled to address caste discrimination, despite its
commitment to social justice.
8. Need for Reinterpretation: There is a call to realign secularism with contemporary challenges, ensuring fairer application
across all religious communities.

Scholar views
1. Rajeev Bhargava: Critiqued «principled distance,» arguing it may not adequately address India›s complex religious diversity.
He advocates for a more nuanced, context-specific approach.
2. Martha Nussbaum: Criticizes secularism›s failure to fully address gender justice, calling for stronger protection of women›s
rights in religious communities.
3. Asghar Ali Engineer: Advocates interfaith dialogue and criticizes secularism›s failure to tackle socio-economic disparities
among religious minorities, calling for inclusive policies.

SC judgments related to secularism

1. S.R. Bommai v. Union of India (1994): The Court held that secularism is a basic feature of the Constitution, asserting that the
state must remain neutral and not favor any religion.
2. Aruna Roy v. Union of India (2002): The Court upheld the inclusion of value-based education, stating it does not infringe on
the secular nature of the Constitution, as long as it does not promote any particular religion.
3. M.P. Gopalakrishnan Nair v. State of Kerala (2005): The Court emphasized that no religious instruction shall be provided in
government-aided schools, protecting secularism in education.
4. Kesavananda Bharati v. State of Kerala - the Supreme Court of India held that secularism is a part of the basic structure of
the Constitution.
5. Ahmedabad St. Xavier’s College v. State of Gujarat - the Supreme Court held that secularism neither means anti-God nor
pro-God. Secularism, therefore, eliminates the concept of God in matters of the state.

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Way forward
1. Uniform Civil Code (UCC): Gradually implement the UCC to eliminate disparities in personal laws and promote a common
legal framework.
2. Integrate secularism into school curricula to instill the values of equality, tolerance, and respect for all religions from a young
age.
3. Enforce strict laws against using religion in political mobilization and electoral campaigns to prevent communal divisions.
Eg- Law against Hate Speech
4. Address Socio-Economic Disparities: Focus on socio-economic development of religious minorities to reduce inequalities
and foster an inclusive, secular society.
5. Promote responsible media reporting that avoids sensationalizing religious issues and encourages balanced, respectful
coverage of religious matters.

Quotes
1. Shashi Tharoor: “Indian secularism has always been the idea of India. This idea of India is that it is not just a country; it’s an
idea, a pluralistic idea.”

2. Maulana Abul Kalam Azad: Secularism is not confined merely to political democracy but goes much beyond that. It is a politi-
cal, social and cultural process.”

Democracy 
The word democracy comes from the Greek words “demos”, meaning people, and “kratos” meaning power; so democracy can be
thought of as «power of the people”: a way of governing which depends on the will of the people.

Types of democracy

1. Direct democracy : When people directly express their will or vote on matters of public interest. Ex. Switzerland

2. Indirect democracy : When people express their will on matters of public interest through their elected representatives. Ex.
India

Democracy under the Indian constitution:

1. Preamble: Declares India as a democratic republic, where ultimate power resides with the people.

2. Article 75: Establishes a parliamentary democracy where the executive is accountable to the legislature for its actions.

3. Universal Adult Franchise (Article 326): Ensures all adult citizens have the right to vote, reinforcing democratic participation.

4. Periodic Elections (Articles 170, 172, 174): Mandates regular elections to uphold democracy.

5. Rule of Law (Article 14): Ensures equality before the law, a cornerstone of democratic governance.

6. Fundamental Rights (Articles 14-32): Guarantee essential rights like equality, free speech, and personal liberty, necessary for
democratic functioning.

7. Social and economic democracy -

1. Article 38 (DPSPs): Secures a social order promoting welfare and aims to reduce income inequalities, supporting
social and economic democracy.

2. Right to Equality (Articles 14-18): Guarantees equality before the law, prohibiting discrimination on grounds of
religion, race, caste, sex, or place of birth.

3. Reservation Policies (Articles 15(4) and 16(4)): Provide reservations in education and employment for backward
classes, promoting social justice and representation.

4. Right to Work (Article 41): Directs the state to ensure the right to work, education, and assistance, offering
economic security.

5. Protection against Exploitation (Articles 23 & 24): Prohibit forced and child labor, safeguarding citizens from
exploitation.

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Need For Democracy

1. Instrumental Value (Amartya Sen): Sen›s capability approach stresses the role of political rights in enabling individuals to
lead fulfilling lives.

2. Inclusivity: Democracy ensures diverse voices are heard, as seen in the PESA Act and the 5th and 6th Schedules, which
represent tribal communities.

3. Accountability: Regular elections hold representatives accountable, as demonstrated by the change in government post-
Emergency.

4. Protection of Rights: Democracy safeguards the rights of minorities, women, and marginalized groups, contributing to social
equity.

5. Stability and Peace: It encourages open debate, fostering reasoned collective decisions, not coercion.

6. Course Corrections: Eg- Prime Minister›s apology to the Sikh community for 1980s atrocities.

7. Economic Development: Rule of law and respect for property rights in democracies attract investment, promoting a stable
economic environment.

8. Entitlements and Justice (Amartya Sen): In Development as Freedom, Sen argues that democracy ensures fair distribution of
resources and opportunities.

9. International Standing: India, as the world›s largest democracy, influences global discourse on democratic values and
governance.

Reasons behind the resilience of Indian Democracy

1. Strong Constitutional Framework: India›s federal system (Article 245) divides power between the center and states,
fostering regional participation. The independent judiciary ensures the rule of law and protects fundamental rights (Part III).

2. Free and Fair Electoral Process: India›s elections are peaceful, with universal adult suffrage (Article 326). The Election
Commission ensures fair elections, with advancements like VVPAT for transparency.

3. Independent Judiciary: Key judgments like Maneka Gandhi v. Union of India (1978) and Kesavananda Bharati v. State of Kerala
(1973) safeguard rights and uphold the Constitution›s basic structure.

4. Peaceful Transfer of Power: India’s acceptance of electoral outcomes underscores the strength of democratic institutions.

5. Strong Institutional Framework: Bodies like the CAG and Election Commission act as checks on power. Eg: The CAG report
on the 2G scam highlighted corruption.

6. Accommodation of Diversity: The rise of regional parties and new entrants like AAP shows the system›s adaptability to
diverse political aspirations.

7. Vibrant Civil Society and Media: Organizations like ADR advocate for transparency and accountability in governance. Eg:
ADR pushes for electoral reforms.

8. Resilient Democratic Culture: Movements like Chipko, Narmada Bachao Andolan, and Anna Hazare›s anti-corruption
movement showcase citizens› active role in shaping democratic processes.

Threats to Indian democracy

1. Political Threats:
1. Decline of Parliament: Disruptions, declining committee productivity, and reduced sitting days illustrate this trend.
Eg: Lok Sabha sittings fell from 121 days annually (1952-70) to 56 days in 2022 (PRS report).

2. Authoritarianism: Authoritarian tendencies erode democratic principles like freedom of expression and the rule of
law. Eg: Emergency in 1975 curtailed civil liberties and democratic processes.

3. Political Polarization: Divisive politics based on religion or caste deepens societal divisions and weakens trust in
institutions. Eg: Delhi Riots in 2020 fueled religious polarization.

4. Dynastic Politics: Concentration of power in political families undermines meritocracy, limiting competition and
accountability.

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2. Economic Threats:

1. Widening Economic Inequality: Growing economic disparity undermines equal representation and access to power.
Eg: Oxfam report shows the top 10% of Indians hold 77% of the national wealth.

2. Corruption: Corruption distorts democratic processes, eroding trust in institutions and fairness. Eg: Scandals like the
2G scam, Coal scam, and paper leaks highlight systemic issues.

3. Crony Capitalism: It enables the capture of state resources and policies for private gain, undermining democratic
accountability and economic fairness.

3. Social Threats:

1. Communal Tensions and Violence: Religious or ethnic violence weakens social cohesion and governance by
fostering polarization. Eg: Gujarat riots of 2002 intensified religious divisions.

2. Caste-based Discrimination: Persistent caste inequalities limit marginalized communities› political participation,
undermining equal representation. Eg: Una flogging incident in 2016 showcased deep-rooted caste bias.

3. Gender-based Discrimination: Gender inequality restricts women’s political participation. Eg: Only 15% of Lok Sabha
and 13% of Rajya Sabha MPs are women.

4. Limited Awareness: Lack of awareness of democratic principles, especially in caste-based societies, risks
undermining constitutional values. Eg: Karnataka MP›s statement on changing the Constitution highlights this
concern.

4. Legal-Constitutional Threats:

1. Erosion of Institutions: Weakening key democratic institutions undermines the rule of law and governance. Eg: SC
referred to CBI as a «caged parrot,» criticizing its lack of independence.

2. Executive Overreach: Increasing executive power through ordinances or emergency measures can disrupt checks
and balances. Eg: Growing use of ordinances bypasses legislative scrutiny.

3. Misuse of Legal Mechanisms: Laws like sedition or defamation are sometimes misused to suppress dissent and
curtail freedom of expression, undermining democratic rights.

5. Technological Threats:

1. Misinformation and Disinformation: The spread of false information on social media can distort public discourse
and manipulate electoral outcomes, undermining trust in democratic institutions.

2. Digital Surveillance: Excessive surveillance by state or non-state actors infringes on privacy and suppresses free
expression, creating a climate of fear and limiting democratic participation.

3. Cyberattacks: Targeting electoral systems or political actors disrupts democratic processes and undermines trust.
Eg: Cyberattacks during the US 2016 elections compromised electoral integrity.

Way forward
1. Social Democracy: As Ambedkar emphasized, political democracy needs a foundation of social democracy. Addressing social
inequalities and ensuring equal opportunities are essential for a lasting democratic system.

2. Electoral Reforms: Known as the «Mother of all Reforms,» electoral reforms are critical. This includes financing transparency,
decriminalization of politics, and strengthening anti-defection laws.

3. Strengthen Democratic Institutions: Safeguarding the independence and integrity of institutions like the Election
Commission and judiciary is vital to uphold democratic principles and the rule of law.

4. Enhancing Transparency: Promote transparency in government through measures like the Right to Information (RTI) Act,
citizen charters, and social audits to ensure accountability and public oversight.

5. Civic Education: Empower citizens through civic education about their rights, responsibilities, and the functioning of
democratic institutions. Encourage grassroots civic engagement and participation in democratic processes for a more vibrant
democracy.

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Scholar’s views :
1. “Political democracy cannot last unless there lies at the base of it social democracy.” - Ambedkar

2. “Democracy is not a form of government, but a form of social organization.” - Ambedkar

3. “In a democracy, the highest office is the office of the citizen.” - Tagore

Republic 
A republic is a form of government in which the head of state is elected, rather than being a hereditary monarch, and power rests with
the people or their elected representatives. In a republic, sovereignty lies with the citizens, and governance is carried out according to a
constitution or set of laws, ensuring the rule of law, equality, and protection of individual rights.

The different types of republics are as follows:

1. Democratic Republic: A republic where representatives are elected by the people, and the government is based on democratic
principles. Eg: India, the United States.

2. Federal Republic: A federation of states or provinces with a division of powers between the central government and regional
governments. Eg: Germany, Brazil.

3. Presidential Republic: The president is both the head of state and the head of government, with separate executive and
legislative branches. Eg: United States, Argentina.

4. Islamic Republic: A republic governed by Islamic laws, often with elected officials but also influenced by religious leaders. Eg:
Iran, Pakistan.

5. People’s Republic: Typically refers to socialist or communist republics where the state claims to represent the common
people, often with centralized control. Eg: China, North Korea.

6. Unitary Republic: A republic where power is concentrated at the national level, with limited autonomy for regional
governments. Eg: France, Indonesia.

Significance of republic
1. Sovereignty and Independence: The Constituent Assembly recognized the necessity of India being a sovereign and
independent republic. As Nehru stated, India could not accept external or local monarchies and had to be a republic to reflect
its sovereignty.

2. Vesting of Power in the People: A Republic empowers the people. Dr. P.K. Sen highlighted that all authority must derive from
the people, making India a republic where ultimate power rests with its citizens.

3. Equality and Liberty: B.R. Ambedkar stressed the need for political democracy to align with social democracy, ensuring liberty,
equality, and fraternity for all. A republic aims to secure these ideals for its citizens.

4. Unity and Integrity: S.V. Krishnamoorthy Rao emphasized the Republic’s role in fostering national integration across political,
financial, economic, judicial, and defence systems, ensuring India’s unity and integrity.

Justice 
In the words of John Rawls, “Justice is the first virtue of social institutions, as truth is of systems of thought.”

According to Amartya Sen, Justice is not merely a matter of giving people what they are entitled to, but also a matter of treating people
with the equal concern and respect they deserve.

The key elements of Justice include Fairness, equality, rights, impartiality and accountability.

Types of Justice
1. Distributive Justice: Focuses on ensuring all members of society receive a fair share of resources and benefits. Eg: Articles 38
and 39 of DPSP, which promote social and economic justice.

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2. Procedural Justice: Ensures that decisions are made and implemented through fair processes, safeguarding fair treatment. Eg:
Article 21, guaranteeing the ‹procedure established by law.›

3. Retributive Justice: Based on the principle of punishment proportionate to wrongdoing, aiming for justice through
accountability. Eg: Indian Penal Code (IPC) and Criminal Procedure Code (CrPC).

4. Restorative Justice: Aims to heal victims, rehabilitate offenders, and repair harm caused to the community. Eg: Article 39A
(Equal Justice and Free Legal Aid) and Article 32 (Right to Constitutional Remedies).

Dimensions of Justice
1. Political Justice: Ensures equal political participation and power distribution, allowing all to engage in voting and governance.
Eg: Universal Adult Franchise under Article 326.

2. Economic Justice: Focuses on fair wealth distribution and access to resources like education and healthcare, addressing
inequality. Eg: Progressive taxation, Articles 38 and 39 of DPSP.

3. Social Justice: Aims to address systemic disparities in wealth, race, gender, and other factors, promoting equality. Eg:
Reservation policies under Articles 15 and 16.

4. Legal Justice: Ensures laws and policies align with human rights and democracy, providing access to justice and due process.
Eg: NALSA (National Legal Services Authority) ensuring legal aid.

5. Gender Justice: Seeks to dismantle patriarchal norms and promote gender equality and empowerment. Eg: Vishakha
Guidelines to prevent workplace harassment (SC judgment).

6. Environmental Justice: Promotes fair treatment in the enforcement of environmental laws, ensuring the right to a clean
environment. Eg: M.C. Mehta case (SC) recognizing the right to a clean environment under Article 21.

7. Global Justice: Focuses on fairness in global resource distribution and addressing international issues like poverty and climate
change. Eg: Common but Differentiated Responsibilities (CBDR) under UNFCCC.

Principles of Justice under the Indian constitution

1. Equality and Non-Discrimination:

1. Article 14: Equality before Law - This guarantees equal protection of laws for all citizens.

2. Article 15: Prohibition of Discrimination on grounds of Religion, Race, Caste, Sex or Place of Birth - This prohibits
discrimination against individuals based on these factors.

3. Article 16: Equality of opportunity in matters of public employment - This ensures equal opportunity for government
jobs regardless of caste, religion, etc.

4. Article 17: Abolition of Untouchability - This abolished the practice of untouchability, a historical social evil.

2. Right to Life and Personal Liberty (Article 21) encompasses various aspects of justice, including the right to dignity, privacy,
and fair trial. It ensures that individuals are protected from arbitrary deprivation of life or liberty and have access to justice and
due process.

3. Fair Legal Process:

1. Article 21: Protection of Life and Personal Liberty - This guarantees a fair trial and due process before a person is
deprived of life or liberty.

2. Article 22: Protection in case of Arrest and Detention - This lays down specific procedures to be followed in case of
arrest and detention.

4. DPSP (Part IV): Guides the state to promote social, economic, and political justice, focusing on equitable resource distribution
and protection of marginalized groups.

5. Independent Judiciary: Ensures impartial adjudication, protects fundamental rights, and upholds the rule of law, acting as a
check on government power.

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Achievements of India in Securing Justice

1. Political Justice: Expanding Fundamental Rights, 61st Amendment reducing voting age to 18, electoral reforms (EVM, VVPAT),
women reservation, and RTI Act promoting transparency.

2. Economic Justice: Programs like NRLM and MGNREGA enhance financial inclusion and empowerment, with 415 million people
lifted out of poverty (2005-2021, Global MPI).

3. Social Justice: Land reforms, SC/ST (Prevention of Atrocities) Act, reservation policies, and welfare schemes like MGNREGA,
NSAP, and Atal Pension Yojana reduce historical injustices.

4. Landmark Legal Reforms: RTI Act (2005) promotes transparency; Sexual Harassment Act (2013) addresses workplace
gender discrimination.

5. Judicial Activism: Vishakha v. State of Rajasthan (1997) on workplace harassment and NALSA v. Union of India (2014) on
transgender rights expanded justice for marginalized groups.

6. Access to Legal Aid: NALSA and SLSAs ensure free legal aid. SC in P. Shivakoti Reddy v. State of Andhra Pradesh (1993)
mandated legal aid for death row convicts.

Role of Judiciary
1. Guardian of the Constitution: The judiciary interprets the Constitution (Article 123) and ensures that legislative and executive
actions align with its provisions.

2. Protector of Fundamental Rights: Through judicial review, courts can nullify unconstitutional laws. Eg: Kesavananda Bharati
v. State of Kerala (1973) established the basic structure doctrine.

3. Upholding the Rule of Law: The judiciary enforces equality before the law (Article 14), preventing government arbitrariness. Eg:
Indra Sawhney case limited reservations to 50%, ensuring equality.

4. Promoting Social Justice: The judiciary promotes affirmative action and eradicates social evils. Eg: Dhanabati Devi v. Sham
Lal Mehta (2005) recognized women›s right to equality in property laws.

5. Use of PIL: Public interest litigation (PIL) enables social justice reforms. Eg: Hussainara Khatoon v. State of Bihar (1979) led to
the release of undertrial prisoners.

Challenges
1. Judicial Delays: Over 47 million cases are pending across Indian courts as of 2023, causing significant delays in justice.

2. Access to Legal Aid: Despite NALSA, only 15% of eligible people are aware of free legal aid services, limiting access for
marginalized groups.

3. Corruption: The VYAPAM Scam in Madhya Pradesh highlighted corruption’s role in weakening public trust in the justice
system.

4. Inequality and Discrimination: The Una flogging incident (2016) exemplifies how caste-based violence continues to obstruct
justice for marginalized communities.

5. Political Interference: The controversy over judicial appointments in the NJAC case (2015) reflected political attempts to
influence the judiciary.

6. Legal Literacy: Only 36% of rural citizens are aware of their fundamental rights, limiting effective legal participation.

7. Costs of Litigation: Legal expenses for average cases can exceed ₹1 lakh, making justice inaccessible for the economically
weaker sections.

8. Police Reforms: Custodial deaths like in the Sathankulam case (2020) show the urgent need for police accountability and
reform.

Way Forward
1. Judicial Reforms: Malimath Committee (2003) Recommended reforms to speed up the justice delivery system, including
setting up more fast-track courts and using technology to reduce case backlog.

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2. Enhancing Legal Aid Awareness: National Legal Services Authority (NALSA) Action Plan (2010), suggested public
awareness campaigns, especially in rural areas, to inform citizens about free legal aid services.

3. Anti-Corruption Measures: Second Administrative Reforms Commission (ARC) (2007), recommended creating an
independent National Judicial Council to ensure accountability within the judiciary.

4. Tackling Inequality: Sachar Committee (2006), recommended special legal aid cells and fast-track courts for marginalized
communities, especially minorities, to ensure timely justice.

5. Judicial Independence: Law Commission of India (214th Report, 2008), called for transparency in the judicial appointment
process and the establishment of an independent body to recommend appointments to maintain judicial independence.

6. Legal Literacy Programs: National Knowledge Commission (2007): Proposed strengthening legal literacy programs in
schools and local communities to empower citizens about their rights and legal processes.

7. Police Reforms:
• Prakash Singh Committee (2006): Recommended reforms like establishing State Police Complaints Authorities
and police accountability mechanisms to address custodial violence.
• Sorabjee Committee on Police Act (2006): Proposed creating an independent oversight body to investigate police
misconduct and custodial deaths.
8. Reduce Litigation Costs:
· Arrears Committee (1989): Suggested the promotion of Lok Adalats and other ADR mechanisms to reduce the
financial burden of litigation on citizens.
· N. R. Madhava Menon Committee (2012): Focused on reducing costs through ADR, mediation, and making justice
more affordable.

Liberty 
Liberty is the state of being free within society from oppressive restrictions imposed by authority on one’s way of life, behavior, or politi-
cal views. The name “liberty” comes from the Latin word “Liber,” which means “free from all shackles.”

Liberty in the sense of total freedom from all limitations is not conceivable. Such liberty is not possible. The fundamental liberty principle
is that law is the condition of liberty.

Types
1. Positive liberty : It refers to the freedom to pursue one’s goals, aspirations, and self-realization, rather than merely being
free from external constraints or interference. It emphasizes the presence of opportunities, resources, and conditions that
enable individuals to lead fulfilling lives and achieve their potential.
1. Key Aspects
1. Empowerment
2. Self-realization
3. Social Justice
4. Community and Collective Action
5. Democratic Participation
2. Negative liberty : It refers to freedom from interference, coercion, or constraints imposed by others. It emphasizes the
absence of external obstacles that limit individuals› ability to act according to their will or preferences.
1. Key Aspects
1. Freedom from Interference
2. Non-interference Principle
3. Individual Autonomy
4. Rule of Law
5. Limited Government

Principles of Liberty under the Indian constitution

1. Negative Liberty: Involves freedoms like speech, expression, assembly, and occupation, protected by the Constitution.

2. Positive Liberty: Promoted through affirmative action, social welfare, and education, enabling individuals to realize their full
potential.

3. Right to Life and Personal Liberty (Article 21): Protects the right to life and personal liberty, ensuring no one can be deprived
of life or liberty except by lawful procedure.

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4. Right to Privacy: Recognized as part of Article 21, ensuring individuals› autonomy and protecting personal information from
unauthorized intrusion.

5. Right to Freedom of Religion (Articles 25-28): Ensures religious liberty, allowing individuals to practice, profess, and
propagate their faith without state interference.

6. Right to Education (Article 21A): Ensures free and compulsory education for children aged 6 to 14, enabling the liberty of
opportunity and empowerment through education.

Threats to liberty in India

1. Judicial Delays: As of 2023, over 47 million cases are pending across Indian courts, delaying justice and often leading to
prolonged pre-trial detention for individuals

2. Arbitrary Detention: The misuse of preventive detention laws like the National Security Act (NSA) can lead to arbitrary
detentions.

3. Censorship: In 2021, 97% of internet shutdowns globally were recorded in India, limiting freedom of expression and access to
information. The use of sedition law (Section 124A of IPC) has also increased, with over 70 cases filed in 2020 alone.

4. Surveillance: The Pegasus spyware scandal in 2021 highlighted the misuse of surveillance on journalists, activists, and
politicians, raising concerns about privacy and freedom.

5. Misuse of Laws: The Unlawful Activities (Prevention) Act (UAPA) saw a rise in cases from 897 in 2016 to over 1,226 in 2019,
with low conviction rates, leading to criticism for suppressing dissent.

6. Custodial Violence: In 2020, the custodial deaths of Jeyaraj and Bennix in Tamil Nadu highlighted the ongoing issue of police
brutality and the violation of personal liberty.

Role Of judiciary
Positive
1. Maneka Gandhi v. Union of India (1978): Expanded the scope of personal liberty under Article 21, ruling that the «procedure
established by law» must be fair, just, and reasonable.

2. Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, holding that liberty is a fundamental
feature beyond Parliament›s amending power.

3. PUCL v. Union of India (2003): Affirmed that the right to personal liberty includes the right to legal aid and access to justice.

4. Justice K.S. Puttaswamy v. Union of India (2017): Recognized the right to privacy as a fundamental right under Article 21.

5. Aadhaar Judgment (2018): Held that certain provisions of the Aadhaar Act violated the right to privacy, which is intrinsic to
personal liberty under Article 21.

6. Navtej Singh Johar v. Union of India (2018): Decriminalized consensual same-sex relations, affirming the right to sexual
autonomy and personal liberty.

7. Sunil Batra v. Delhi Administration: Declared the use of handcuffs on prisoners as unconstitutional, reflecting the need for
humane treatment.

8. Mohini Jain v. State of Karnataka (1992): Ruled that the right to life under Article 21 includes the right to education.

9. Subhash Kumar v. State of Bihar (1991): Held that the right to clean air is part of the right to life under Article 21.

Negative
1. A.K. Gopalan v. State of Madras (1950): Article 21 protected against arbitrary executive actions, but not legislative actions,
allowing personal liberty to be curtailed by laws.

2. ADM Jabalpur v. Shivkant Shukla (1976): Held that during Emergency, the right to enforce fundamental rights, including
personal liberty under Article 21, could be suspended.

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Quotes
1. Gettell- “Liberty is the positive power of doing and enjoying those things which are worthy of enjoyment and work”.

2. Laski - “Without rights there cannot be liberty, because without rights, men are the subjects of law unrelated to the needs of
personality”.

Equality 
Equality entails the absence of preferential treatment for any segment of society and the provision of sufficient opportunities to all
individuals without discrimination.

The essence of rights lies in their equal enjoyment by all members of society. To ensure universal enjoyment of these rights, it is impera-
tive to attain social and economic equality.

Dimensions of Equality
1. Procedural Equality: Ensures fairness in processes, treating everyone equally under the law. Eg: Article 14 – Equality Before
Law (EBL) and Equal Protection of Laws (EPL).

2. Substantive Equality: Focuses on achieving fair outcomes by addressing systemic inequalities. Eg: Reservation Policy.

Types of equality :
1. Political Equality: Equal participation in the political process, including the right to vote and run for office.

2. Legal Equality: Equal application of laws and procedures for all individuals, regardless of status.

3. Social Equality: Equal respect and opportunities in social interactions, challenging hierarchies and stereotypes.

4. Economic Equality: Reducing income and wealth disparities through measures like progressive taxation and access to
opportunities.

5. Gender Equality: Equal rights and opportunities for all genders, addressing issues like pay gaps and gender-based violence.

6. Racial Equality: Equal treatment and opportunities for all races and ethnicities, free from discrimination.

Principles of Equality under the Indian constitution

1. Civic Equality:

1. Article 14: Right to equality before law.

2. Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

3. Article 16: Equality of opportunity in matters of public employment.

2. Political Equality:

1. Article 326: Universal adult suffrage.

2. Article 325: No person to be ineligible for inclusion in, or to claim to be included in, a special, electoral roll on grounds
of religion, race, caste, or sex.

3. Socio-economic Equality:

1. Article 330 and 332: Reservation of seats for SC and ST in the House of the People.

2. Article 38 includes provisions for minimizing inequalities in income, status, facilities, and opportunities.

3. Article 39(d) directs the State to ensure equal justice and free legal aid.

4. Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other
weaker sections.

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4. Gender Equality:

1. Article 15(1): Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

2. Article 15(3): Empowers the State to make special provisions for women and children.

3. Article 16: Equality of opportunity in matters of public employment.

4. Article 39(a): Equal pay for equal work for both men and women.

5. Article 42: Provision for just and humane conditions of work and maternity relief.

Achievements of India in Securing Equality

1. Reservation Policies: Around 21.1% of government jobs and educational seats are reserved for SCs and STs, promoting social
inclusion (NSS data).

2. Gender Equality: Initiatives like Beti Bachao Beti Padhao, laws against gender violence, and increasing women›s political
participation have improved India’s Gender Inequality Index (0.490 in 2021, ranked 122).

3. Legal Reforms: Laws like the Protection of Civil Rights Act (1955), SC/ST Prevention of Atrocities Act (1989), and Rights of
Persons with Disabilities Act (2016) ensure equal treatment under the law.

4. Education: Programs like Sarva Shiksha Abhiyan and the Mid-Day Meal Scheme reduce educational disparities and promote
equality.

5. Landmark Judgments: Cases like Kesavananda Bharati (1973) upheld constitutional equality, and Navtej Singh Johar (2018)
decriminalized same-sex relations, advancing non-discrimination.

Role of Judiciary
1. Indra Sawhney v. Union of India (1993): The Supreme Court upheld reservations for disadvantaged groups but limited them to
50% to ensure equality for others. It also introduced the “creamy layer” concept for OBC reservations.

2. Vishaka v. State of Rajasthan (1997): The Court established guidelines to prevent sexual harassment in the workplace, protect-
ing women’s equality in employment.

3. Navtej Singh Johar v. Union of India (2018): Decriminalized consensual same-sex relations, affirming the right to equality and
non-discrimination based on sexual orientation.

4. Ram Krishna Dalmia case (1958): The Court laid down the “classification test,” allowing differential classification if it is based
on intelligible differentia and has a rational nexus with the objective.

Challenges to equality
1. Caste-Based Discrimination: Despite legal protections, caste-based crimes remain high, with over 50,291 cases against
Dalits in 2020 (NCRB), indicating political challenges in enforcing equality laws.

2. Economic Inequality: The top 1% of Indians control 40.5% of the nation›s wealth (Oxfam 2022), creating significant barriers to
equitable economic opportunities.

3. Gender Inequality: Women›s workforce participation was only 25.1% in 2020 (World Bank), and gender-based violence
remains high, hindering social equality.

4. Religious Discrimination: Muslims face educational and economic disadvantages, as highlighted by the Sachar Committee
Report (2006).

5. Digital Divide: Only 38% of rural households have internet access (NSS 2017-18), limiting access to education and economic
opportunities, especially during the pandemic.

6. Caste and Gender Laws: Despite laws like the SC/ST Act and laws against gender violence, enforcement gaps remain, leading
to ongoing discrimination.

7. Regional Disparities: Regions like Bihar and Uttar Pradesh, with lower Human Development Index scores (Bihar: 0.574, Kerala:
0.779), face unequal development opportunities, affecting access to resources.

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8. Limitations on Freedom of Speech and Expression - use of Sedition Laws, Online Censorship for Imprisonment of journalists,
Banning of certain YouTube channels.

9. Unequal Access to Justice due to Case Backlog in Courts, Limited Legal Aid prevents financially disadvantaged individuals
from effectively pursuing their rights in court.

Fraternity 
Fraternity is derived from the French term fraternité, which means brotherhood, friendship, community, and collaboration (Asthana
1992: 118).

Dr. B.R. Ambedkar defined fraternity as “a sentiment of mutual brotherhood among all Indians—if Indians are considered as one
people.” It is the principle that gives social life its unity and solidarity.” “Without fraternity, equality and liberty will be no more than a
coat of paint. Without fraternity, liberty and equality could not become a natural flow of events.”

Key provisions on fraternity in the Indian Constitution:

1. Preamble: Promotes fraternity to ensure the dignity of individuals and the unity and integrity of the nation.

2. Fundamental Duties (Article 51A): Citizens are expected to promote harmony, brotherhood, and preserve India›s diverse
heritage.

3. DPSP (Article 38 & 39A): Directs the state to ensure a just social order and equal access to justice, fostering fraternity.

4. Fundamental Rights (Part III): Promotes equality and prohibits discrimination, upholding dignity and social harmony.

Meaning and purpose of fraternity:

1. Preamble declares that fraternity assures two things- the dignity of individuals and promoting unity and integrity of the
nation.

2. According to K.M.Munshi, the phrase “dignity of the individual” means that the Constitution not only assures material
advancement and sustains a democratic system but also acknowledges that each individual’s personality is precious.

3. “National unity and integrity” refers to the psychological and geographical components of national integration.

Criticism of inclusion of fraternity in indian constitution by constitutional assembly member H.M. Seervai by arguing that:

1. Executive Competence: He argues that the executive is better suited to promote fraternity through actions, questioning the
effectiveness of a constitutional mandate.

2. Vagueness of Fraternity: Seervai finds the concept too vague, making it less useful for interpreting constitutional provisions
or guiding legal decisions.

Judicial response and the idea of fraternity

1. Shri Raghunathrao Ganpatrao v. Union of India: The Court rejected special privileges for former princes, citing fraternity as
essential for national unity amid diverse societal divisions.

2. S.R. Bommai v. Union of India (1994): The Court emphasized the need for fraternity and secularism, ruling that any attempt to
undermine the unity and integrity through communalism violates the constitutional promise of fraternity.

3. Indra Sawhney v. Union of India (1992): The Court recognized that reservations for backward classes should be balanced
with the principles of fraternity, ensuring that societal harmony is maintained while promoting social justice.

Limits and Challenges to Fraternity in India’s Context

1. Caste-Based Divisions: Despite laws, crimes against Dalits remain high, with over 50,291 cases reported in 2020 (NCRB).
Incidents like the Una flogging (2016) reflect deep-rooted caste divisions, hindering fraternity.

2. Religious Polarization: Communal riots, such as the Delhi riots (2020) and Gujarat riots (2002), exacerbate religious divides
and fuel distrust between communities, undermining the spirit of fraternity.

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3. Regionalism: Movements for regional autonomy, like the Assamese vs. Bengali identity conflict in Assam or Gorkhaland
movement in West Bengal, often foster regionalism, creating divisions and challenging national unity.

4. Economic Inequality: The top 1% of Indians hold 40.5% of the nation’s wealth (Oxfam 2022). This widening gap between rich
and poor leads to social alienation, making it difficult to promote fraternity.

5. Political Polarization: The 2019 Lok Sabha elections saw a rise in divisive rhetoric, with issues like CAA-NRC protests and
political parties appealing to narrow identities, deepening social divisions.

6. Social Injustice: Gender-based violence remains rampant, with over 371,503 cases of crimes against women reported in 2020
(NCRB), illustrating persistent inequalities that challenge the spirit of fraternity.

7. Failure of Constitutional Morality: Incidents like mob lynchings related to cow vigilantism reflect the failure to uphold
constitutional values, prioritizing narrow group interests over national unity.

8. Language and Cultural Barriers: Tensions, such as Tamil Nadu’s resistance to Hindi imposition, highlight how linguistic and
cultural divides challenge the ideal of fraternity in India.

Suggestions to promote fraternity in India:

1. Strengthen Constitutional Morality through Judicial Oversight: Set up fast-track courts to handle cases related to hate
crimes, such as mob lynchings. Eg: Implement recommendations of the Supreme Court in Tehseen Poonawalla (2018) to
address lynchings and hate crimes.

2. Enhance Legal Enforcement:

· Strengthen SC/ST Prevention of Atrocities Act (1989): Improve enforcement of this act by appointing more special
courts and ensuring timely investigation of caste-based crimes.

· Police Accountability: Implement police reforms based on the Prakash Singh case recommendations to ensure
impartial handling of communal or caste-related violence.

3. Encourage Interfaith and Intercaste Dialogue:

· Community Mediation Centers: Establish government-backed centers in sensitive regions to foster dialogue
between different communities, modeled after the success of the Khudai Khidmatgar initiative.

· Educational Programs: Include interfaith dialogue and caste reconciliation programs in the National Education Policy
2020 curriculum to promote harmony.

4. Language Accommodation through Multilingual Policies: Promote official multilingualism in public services, particularly in
states that resist Hindi imposition. Eg: Implement the 1968 National Policy on Education’s three-language formula to promote
linguistic harmony.

5. Promote Inclusive Economic Growth:

6. Strengthen Political Accountability by Regulation of Hate Speech: Strictly enforce the Model Code of Conduct during
elections and curb inflammatory political rhetoric, using recommendations from the Law Commission on regulating hate
speech.

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CHAPTER 3

Fundamental
Rights
PYQs: 
[2024] Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the Constitution. Explain.
In this reference discuss the law relating to D.N.A. testing of a child in the womb to establish its paternity.

[2023] Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

[2023] ”The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a pro-
gressive society”. Illustrate with special reference to the expanding horizons of the right to life and personal liberty.

[2022] Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights
are not absolute. Comment (10M)

[2017] Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (15M)

[2015] Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21
of the Indian Constitution and Judgement(s) of the Apex Court in this regard.

[2013] Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution.

Fundamental Rights 
1. Fundamental rights are a set of basic rights and freedoms that are considered essential for the protection of human dignity,
liberty, and equality and are guaranteed to individuals by a constitution.
2. FR are referred to as the “Magna Carta” of India and are delineated in Part III (Article 12 to 35). These rights are defended
and guaranteed by the Supreme Court of India.

Quotes
1. “Fundamental rights are both the shield and sword against State tyranny.” - Prof. Upendra Baxi
2. “In the eyes of the Constitution, we are all one, and there is no difference between high and low, rich and poor, and that the
state will be based on the principle of equality.” - Rajendra Prasad - Right to Equality
3. “Cultivation of mind should be the ultimate aim of human existence.” -B R Ambedkar - Article 21
4. “Freedom of speech and expression is the bulwark of a democratic government. It is the very foundation of democracy.” - Dr.
Rajendra Prasad
5. “I measure the progress of a community by the degree of progress which women have achieved.” -B R Ambedkar - Affirmative
Action
6. “Without political freedom, economic freedom is a mere chimera.” - Nehru - Balancing FR and DPSP
7. For Conclusion - “Those who would give up Essential Liberty to purchase Temporary Safety, deserve neither Liberty nor
Safety.” (Benjamin Franklin). Thus, protection and promotion of FR is vital for well-being of a free and democratic society.

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Features
Aspect Description Examples

Constitutional Entrenched in Part III of the Constitution Right to Equality (Article 14)
Guarantees and legally enforceable against legislative
interference.

Justiciable Rights Supreme Court (Article 32) and High Courts Habeas Corpus writ issued to release a person
(Article 226) can issue writs to enforce fun- unlawfully detained.
damental rights.
Non-absolute These rights are not absolute but qualified, Restrictions on Freedom of Speech (Article 19(2))
Nature state can impose reasonable restrictions on for public order and security.
them.
Inviolable Rights Cannot be suspended except during a state Article 359 of the Indian Constitution allows the
of emergency (Article 352). Non-derogable President to suspend the enforcement of funda-
rights (Article 20, 21) remain protected. mental rights (except those under Articles 20 and
21) during a national emergency.
Universal Appli- Guaranteed to all citizens regardless of Right to Freedom of Religion (Article 25)
cability caste, creed, religion, gender, or socioeco-
nomic status.

Negative Obliga- Prevent the state from taking actions that Freedom of Speech and Expression (Article 19)
tions infringe individual freedoms. prevents unlawful censorship.
Positive Obliga- Require the state to take measures to ensure State providing free and compulsory education
tions rights are realized. (Article 21A).
Balancing Inter- Judiciary ensures state actions do not unjust- K.S. Puttaswamy case (2017) - The SC declared
ests ly infringe on individual liberties. the right to privacy as a fundamental right under
Article 21
Evolving Interpre- Supreme Court expands the scope of rights Navtej Singh Johar case: Inclusion of LGBTQ+
tation through progressive interpretations. rights under the Right to Equality (Article 14).

Enforcement Judiciary safeguards fundamental rights PILs filed to address violations of environmental
Mechanisms through writs, public interest litigation (PIL), rights as part of the Right to Life (Article 21).
and judicial review.

Significance
Aspect Description Examples
Advancing Politi- Thwarting the establishment of authoritarian regimes Article 19 - Liberty to express opinions,
cal Democracy by ensuring citizens can express opinions and partici- criticize government policies without
pate in public discourse. fear of censorship or reprisal.
Protection of Indi- Acting as a shield against arbitrary state actions, pro- Article 21
vidual Liberty tecting individuals from government oppression.

Promotion of Indi- Fostering an environment of safety, security, and dignity Right to education (Article 21A).
vidual Well-being conducive to personal and collective flourishing.
Social Justice and Prohibiting discrimination and ensuring equal treatment Articles 14, 15, 16 - Prohibit discrimina-
Equality under the law, empowering marginalized groups and tion and provides for Affirmative actions
promoting inclusivity.
Protecting Mi- Ensuring freedom of religion, language, and culture, Articles 29, 30 - Protect minority rights.
nority Rights thereby fostering social cohesion and diversity.
Legal Protection Enforceable through the judiciary, allowing individuals Articles 32 and 226 - Judicial enforce-
and Enforcement to seek remedies and redress for infringements on their ment of fundamental rights.
liberties.

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Limitations and Criticism

Aspect Description Examples
Limited Nature Do not include social and economic rights Right to employment, right to social security.
necessary for a free and quality life.
Ambiguous and Certain terms used in defining fundamental “Public Order” in Article 19(2).
Vague rights are unclear, causing implementation
issues.
Amendable Nature Government can amend or abolish funda- 44th Constitutional Amendment Act, 1978 re-
mental rights, making them vulnerable to moved Right to Property as a fundamental right.
changes by those in power.

Suspension During Fundamental rights can be suspended during Suspension of rights during the operation of
Emergency a national emergency, except Articles 20 and Article 352.
21.
Preventive Deten- Allows detention without trial for up to three Government can detain individuals without trial.
tion (Article 22) months, restricting citizens’ rights.

Socioeconomic Dis- Issues like poverty, caste discrimination, Over 95% of marital rapes are unreported due
parities illiteracy, and religious diversity hinder imple- to stigma and lack of awareness.
mentation.
Poor Enforcement Lack of infrastructure, police inefficiency, Large number of undertrials in prisons.
Mechanisms and politicization weaken enforcement of
rights.
Judicial Pendency Huge backlog of cases delays justice delivery Over 66,000 cases pending in the Supreme
and implementation of rights. Court.
Individualism vs Societal traditions often conflict with individ- Resistance to same-sex marriages.
Collectivism ual rights.

Role of Judiciary
Aspect Description Examples
Judicial Review The judiciary interprets the Constitution and Kesavananda Bharati v. State of Kerala (1973) -
ensures enforcement of fundamental rights. Upheld the doctrine of basic structure.
Writ Jurisdiction Writs provide immediate relief for rights A. K. Gopalan case - Affirmed the importance of
infringed by the state or other authorities. habeas corpus in safeguarding personal liberty.

Public Interest PILs address systemic issues and violations NALSA v. Union of India (2014) - Recognized the
Litigation of fundamental rights. rights of transgender individuals.
Preventing Exec- Courts invalidate executive actions that S. R. Bommai case - Asserted authority to review
utive Overreach exceed authority or infringe on rights. President’s Rule.
Judicial Activism Proactive interpretation and intervention to Maneka Gandhi v. Union of India (1978) - Expanded
expand the scope of rights. Article 21 to include the right to travel abroad.

Setting Prece- Courts set legal precedents that guide Naz Foundation case - Decriminalized consensual
dents future cases. homosexual acts.
Protection of Courts protect rights of minorities, ensuring Shah Bano Begum case (1985) - Upheld the
Minority Rights equality and justice. right of a Muslim woman to claim maintenance,
emphasizing gender equality.
Balancing Rights Courts balance competing rights and inter- Aruna Ramachandra Shanbaug v. Union of India
ests to ensure justice. (2011) - Allowed passive euthanasia under certain
conditions while ensuring safeguards.

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Critical analysis of the role of judiciary

Aspect Description Examples
Judicial Activism vs. Judicial activism can lead to overreach, while judicial Vishaka guidelines -
Restraint restraint may result in insufficient protection of rights.
Inherent Judicial Subjective interpretation of legal principles can Doctrine of Basic Structure - Varied
Subjectivity lead to inconsistencies and undermine the legal interpretations affecting predictability.
system›s reliability.
Inadequate Legal Lack of legal aid prevents disadvantaged individuals Bhopal Gas Tragedy (1984) - Victims
Aid and Access to from asserting their rights effectively. struggled to access justice.
Justice
Delay and Backlog Delays and backlogs in the judiciary undermine the More than 5Cr cases pending in Judi-
effectiveness of protecting fundamental rights. ciary
Limited Enforce- Judicial decisions may not be enforced effectively if Delay in implementing SC judgment
ment Capacity other government branches do not comply. in 2G Spectrum Case
Limited Reach in Difficulty in ensuring consistent protection of rights Honor killings, such as the Manoj-Babli
Informal Justice in informal justice systems. Honor Killing Case (2007).
Systems

Right to Equality 
Rule of Law
The rule of law is a fundamental principle in governance that emphasizes the suprem-
acy of law over arbitrary power, ensuring that everyone, including government officials,
is subject to the law and accountable for their actions.

Key Principles as per A. V. Dicey

1. Supremacy of Law: No one is above the law, and all actions must conform to
legal principles.
2. Equality before the Law: This principle ensures that everyone enjoys the same
legal rights and protections.
3. Predominance of Legal Principles over discretionary power: This principle
ensures legal certainty, predictability, and consistency in the application of the
law, preventing arbitrary or discriminatory decisions.

Significance for India

Aspect Description Example
Prevention of Abuse Prevents authoritarian ten- Vineet Narain v. Union of India (1997) - Established CVC for
of Power dencies. corruption cases.
Legal Certainty and Ensures clear and consis- Shreya Singhal v. Union of India (2015) - Struck down Section
Predictability tent laws. 66A of IT Act for vagueness.
Protection of Funda- Provides legal redress for Maneka Gandhi v. Union of India (1978) - Expanded Article 21
mental Rights rights violations. to include right to travel abroad.
Promotion of De- Ensures lawful government S. R. Bommai v. Union of India (1994) - Reviewed President’s
mocracy actions and legal scrutiny. Rule for arbitrariness.
Protection of Minori- Ensures equal treatment Navtej Singh Johar v. Union of India (2018) - Decriminalized
ty Rights and prevents discrimination. consensual homosexual acts.

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Challenges
Aspect Description Examples
Backlogs and Delays Deny timely justice, eroding public confi- Over 66,000 cases pending in the Su-
dence in the legal system. preme Court of India.
Corruption and Polit- Political interference compromises judicial Supreme Court calling CBI a “caged par-
ical Interference independence. rot” due to political influence.

Unequal Access to Indigenous communities struggle to assert Adivasis vs. Mining Companies case high-
Justice rights against powerful entities. lights land rights struggles.

Weak Enforcement Inadequate resources and accountability in 8.9 million child laborers in India despite
Mechanisms law enforcement. the Child Labour Act (ILO report).
Arbitrary Use of Ex- Arbitrary detention, censorship, and exces- Kanhaiya Kumar Case
ecutive Powers sive force undermine civil liberties.
Slow Pace of Legal Outdated laws and procedural complexities Poor implementation of SC directions in
Reforms hinder legal system improvements. Prakash Singh v. Union of India (2006).
Social and Cultural Discrimination and communal tensions lead Manoj-Babli Honor Killing Case highlights
Factors to biased enforcement. caste-based violence.

Way forward
1. Judicial Reforms for Efficiency and Accountability: increasing the number of judges, enhancing infrastructure, and expedit-
ing the appointment process to reduce backlog. (NCRWC and the Law Commission of India)

2. Police Reforms for Transparency and Accountability: Adopt the recommendations of the National Police Commission (1977-
1981) and the Supreme Court directives in the Prakash Singh case (2006).

3. Legal Awareness and Education for Empowerment as suggested by the 14th Report of the Law Commission of India and the
National Legal Services Authority (NALSA).

4. Strengthen anti-corruption laws and enforcement mechanisms, as proposed by the Second Administrative Reforms
Commission (ARC) and the Law Commission of India.

5. Updating archaic laws - Continuously updating laws, like the Jan Vishwas Act, to ensure their ongoing relevance and fair-
ness.

Uniform Civil Code

It is a single set of laws governing personal matters like marriage, divorce, inheritance, adoption, and maintenance. Article 44 of DPSP of the
Constitution states that the ‘State shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.’

Need for UCC

1. Constitutional Mandate: Article 44 of the constitution for UCC as a directive principle. Similarly, UCC is also essential to
ensure Equality Before Law under Article 14.

2. Equality and Gender Justice: Eg. Although the Hindu Succession Act of 1956 was amended in 2005 to grant daughters
equal inheritance rights as sons, similar reforms have not been universally adopted across all personal laws.

3. Secularism and Religious neutrality: The UCC would remove religion as a factor in personal matters like marriage, divorce,
and adoption. Eg. Presently, interfaith couples need to register under the Special Marriage Act (1954) to have a civil ceremony.
A UCC would eliminate this separate process and provide a unified system for all marriages.

4. National Integration and Social Harmony: The UCC could promote an idea of shared identity and belongingness among
citizens based on ‘one nation, one law’, despite different religions, faiths, etc.

5. Certainty and clarity in the legal system: A single UCC with clear, certain terminologies will reduce the complexities of
multiple and diverse personal laws. This would not only simplify the legal system but also reduce the litigations.

6. Modernization of the legal system: The UCC will promote modern values of liberty, equality, individualism, etc. upholding
individual rights. Eg- Shah Bano case (1985), Shaira Bano case (2017)

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Challenges
Aspect Description Examples
Violation of Funda- Critics argue UCC infringes on the right Sikh marriage is governed by the Anand Marriage
mental Rights to religious freedom (Article 25) and Act, 1909. If UCC mandates uniform marriage laws
cultural preservation (Article 29). without recognizing Sikh traditions, it may be chal-
lenged as a violation of religious freedom.

Cultural Pluralism Seen as a threat to cultural traditions of Tribals, Muslims, and Christians fear losing cultural
various communities. practices.
Complexity Due to Merging diverse personal laws into a Special Marriage Act (1954) prohibits marriage
Diverse Personal single code is challenging. between first cousins. But it is common in some
Laws communities.

Presence of Secular Existing secular laws already address Section 125 of the Criminal Procedure Code (mainte-
Laws many issues for all citizens. nance) and Domestic Violence Act.

Lack of Awareness Low awareness and poor sense of civili- In tribal regions of Jharkhand, Chhattisgarh, and
and Civility ty hinder UCC implementation. Northeast India, communities follow custom-
ary laws for marriage, inheritance, and dispute
resolution.
Lack of Political Political parties avoid clear stances on In Goa, which follows the Portuguese Civil Code,
Consensus UCC due to vote bank concerns. attempts to extend this model nationwide face oppo-
sition from various political and religious groups who
argue that UCC must be tailored to India’s diverse
traditions.
Practical Difficulties Enforcing UCC involves changing cul- Muslim Personal Law (Sharia) and Hindu Undivid-
in Enforcement tural attitudes, consulting leaders, and ed Family (HUF) tax benefits are deeply entrenched
creating enforcement mechanisms. legal structures. A sudden change would create
financial and legal complications.

SC Judgements
Case Description
Shah Bano Begum (1985) Awarded maintenance based on gender equality under Article 14. Directed the
government to enact a UCC.
Sarla Mudgal (1995) Addressed inheritance rights under Hindu laws. Directed the government to
report steps towards UCC.
Lilly Thomas vs Union of India Struck down the discriminatory denial of inheritance rights to a Christian daugh-
(2000) ter-in-law.
John Vallamattom and Ors. v. Union Ruled that religious and personal law should not be inherently linked in matters of
of India (2003) a secular nature.
Shayara Bano vs Union of India Declared instant triple talaq unconstitutional, highlighting the need for reforms in
(2017) Muslim personal laws.

Way forward
1. Building Consensus and Public Awareness: By Establishing a National Commission on UCC with representatives from
religious groups, legal experts, and social activists.

2. Addressing Minority Concerns: By establishing a Multi-religious Advisory Council to advise on how to incorporate di-
verse customs within the UCC framework while maintaining uniformity in core principles.

3. Gradual Implementation and Social Change: The “Law Commission of India’s Report on Reform of the Law of Mar-
riage” (2018), recommended phase-wise implementation by building consensus among communities through debates, and
discussions. Ex. A modernized Hindu Marriage Act could be a stepping stone towards a UCC.

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4. Political Will and Leadership: Political parties should engage in constructive dialogue about UCC, focusing on national unity
and social justice.

5. Gender Equality within Community - As suggested by The 21st Law Commission, the government should first concen-
trate on ensuring equality between men and women in the same community before focusing on equality between communi-
ties.

Reservation Policy
1. The reservation policy in India, also known as affirmative action or positive discrimination, aims to address historical and
social injustices by providing opportunities and representation to marginalized and disadvantaged groups.

2. Constitutional Basis - Articles 15(4), 16(4), and 46 reflects India›s commitment to promoting social justice, equality, and
inclusive development as fundamental principles of governance.

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Quotes
1. “Reservation is not just a political issue; it is a social justice imperative.” - Ambedkar

2. “Reservation is a complex issue that requires a nuanced approach. While it is important to address historical injustices, it is
also crucial to ensure that reservation policies do not perpetuate further inequalities.” - Ramchandra Guha (Can use in con-
clusion)

Grounds for reservation

Group Reason for Support
Scheduled Castes (SCs) and Historical injustice and social exclusion.
Scheduled Tribes (STs)
Other Backward Classes Social and educational backwardness.
(OBCs)
Economically Weaker Sections Economic deprivation and lack of access to resources.
(EWS)
Women Gender-based discrimination and underrepresentation.
Minorities Address socio-economic marginalization, discrimination, and lack of representation.
Persons with Disabilities (PwD) Ensure inclusion, accessibility, and participation by providing equitable opportunities
and accommodations.

Reasons behind rising demand for reservation

Aspect Description Examples
Perceived Discrimination Andre Béteille argues that reservations for lower Patidar agitation in Gujarat (2015)
castes create a sense of reverse discrimination for OBC status.
among upper castes.

Competition for Opportu- M.N. Srinivas: pressure on dominant castes to se- Maratha reservation protests in
nities cure economic opportunities as traditional agrarian Maharashtra (2018).
roles diminish.
Economic Disparities Sections within these communities may experience Brahmin organizations in Rajasthan
poverty or lack access to resources. demanding economic reservations
(2018).
Job Security Yogendra Singh: shift from agrarian economy Patels demanding reservation amid
to job-based economy increased demand for job agrarian distress.
security.
Identity Politics and Mobi- Christophe Jaffrelot: political mobilization around BSP and SP leveraging caste griev-
lization caste identities can consolidate electoral support. ances in Uttar Pradesh elections.

Backlash Against Affir- Resistance to reservation policies perceived as Anti-reservation protests by up-
mative Action unfair or discriminatory by dominant castes. per-caste students in Delhi Univer-
sity (2006).
Sense of Injustice Members of dominant castes feel penalized for Upper-caste protests in Rajas-
ancestors’ actions. than against SC/ST Atrocities Act
amendments (2018).

Challenges
1. Politicization of caste and castecization of politics: Vote bank politics and identity-based mobilization undermines the origi-
nal intent of reservation policies. Eg. reservation demands by dominant communities like Patels, Marathas, etc

2. Strengthening Caste Identity: The redistributive justice based on caste reinforces caste identities and poses challenges to
establishing a casteless egalitarian society. Eg. Maratha reservation agitation

3. Stigmatization and Stereotyping: Individuals from reserved categories may face discrimination or be perceived as beneficia-
ries of preferential treatment.

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4. Creamy Layer: The absence of a creamy layer for SC and ST and the higher creamy layer limit for OBCs can lead to a ‘class
within caste’. Eg. As per Justice G. Rohini Commission’s report, 97% of central OBC quota benefits go to just under 25% of its
castes.

5. Backwardness Index: The criteria used to determine backwardness may not accurately reflect the ground realities of depri-
vation. As a result, deserving individuals may be excluded from reservation benefits, while relatively privileged individuals may
continue to benefit.

6. Reservation in Promotions: lead to inefficiency and compromise the merit-based selection process, affecting overall produc-
tivity and performance in government institutions.

7. Dependency on Reservations: Over-reliance on reservation policies may discourage efforts to address systemic inequalities
and investment in holistic measures for socio-economic development such as health and education.

SC Judgments
Case Description
Indra Sawhney & Others v. Union of Upheld reservations for OBCs but capped them at 50%.
India (1992)
M. Nagaraj & Others v. Union of Upheld reservations in promotions for SC/STs under specific conditions: backward-
India (2006) ness, inadequate representation, and administrative efficiency.
Ashoka Kumar Thakur v. Union of Upheld the validity of reservations in IITs and IIMs, emphasizing diversity and inclusivi-
India (2008) ty in education.

Dr. Subhash Kashinath Mahajan v. Applied the creamy layer principle to SCs and STs, excluding affluent members from
State of Maharashtra (2018) reservation benefits.

Jarnail Singh v. Lachhmi Narain States are not required to provide quantifiable data to justify reservations in promo-
Gupta (2018) tions, reversing M. Nagaraj.

Jaishri Laxmanrao Patil v. Chief Struck down Maratha Reservation law for exceeding the 50% cap; upheld Indra Sawh-
Minister (2021) ney and the 102nd Constitutional Amendment.

Mukesh Kumar v. State of Uttara- States are not bound to make reservations, nor is reservation in promotions a funda-
khand (2020) mental right.

Reservation in promotions
1. As per 16 (4A), the state can make provision for reservation in matters of promotion, with consequential seniority, in
favor of Scheduled Castes and the Scheduled Tribes which in the opinion of the State are not adequately represented in the
services under the State.

2. Among the 275 joint secretaries, 13 (4.73 per cent) are SCs, nine (3.27 per cent) are STs and 19 belong to the OBC catego-
ry. Of 89 secretaries, there are just 3 STs, 1 Dalit and no OBCs.

Benefits
1. Addressing Structural Discrimination and systemic barriers that hinder the upward mobility of marginalized groups in the
workforce. Eg. In Group-A, the highest tier among these, the representation of SCs is just 12.86%, of STs 5.64% and of OBCs
16.88%. Reservation for these communities is 15%, 7.5% and 27% respectively.

2. Role Model Effect within marginalized communities.

3. Encouraging Equal Opportunity and Building a Representative Workforce

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Challenges
Challenge Description

Meritocracy Concerns It may compromise meritocracy by prioritizing social identity over individual qualifications and
performance leading to resentment and demotivation.

Quantifiable Data Re- Difficulty in collecting accurate data to justify reservations in promotions.
quirement
Administrative Efficien- Concerns that reservations in promotions may affect the efficiency of the administration and
cy undermine Article 335.
Backlog Management Reservation policies often result in backlog vacancies as reserved category candidates may not
always be available or eligible for promotion.

Judicial Interpretations Varied judicial interpretations create uncertainty and inconsistency in the application of reserva-
tion policies.

Eg- Example: In Jarnail Singh case, SC reversed the requirement for quantifiable data set by M.
Nagaraj.

Local Reservation in Private Sector

In December 2023, the Punjab and Haryana High Court quashed the Haryana State government legislation providing 75% local reser-
vation in private sector jobs. However, other states like other states, such as Jharkhand, Maharashtra, Karnataka, Andhra Pradesh, and
Madhya Pradesh have similar laws.

Benefits
Benefit Description

Constitutional mandate the right to equality in public employment does not prevent the State from making reservations
under Article 16(4) for any backward class of citizens that are not adequately represented.

Economic Develop- Stimulates local economies by providing employment opportunities to local residents.
ment
Reduction in Migration Decreases the need for locals to migrate to other regions for employment, reducing urban
overcrowding.
Preventing the exploita- Private employers frequently take advantage of the migrant labor pool, as these workers typically
tion of migrant workers work extended hours for meager wages without adequate social safeguards or benefits.

Social Stability Promotes social cohesion and stability by reducing unemployment and associated social
issues in the local area.

Positive Economic ripple Employed individuals contribute to local consumer spending, tax revenues, and overall economic
effects growth.

Skill Development Encourages companies to invest in training and skill development of the local workforce.
Reduction of Regional Helps in reducing economic disparities between different regions within a state or country.
Disparities

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Issues
Challenge Description

Against Freedom of Pro- Contravenes Article 19(1)(g) of the Constitution, which provides the freedom to carry on
fession any occupation, trade, or business in any part of the country.
Legislative Overreach by Article 16(3) grants the authority to mandate local residence for employment solely to the
State Parliament, not state legislatures.
Against Reservation Cap Providing a 75% reservation quota (Haryana) contradicts the Supreme Court’s prescribed
limit of 50% reservation as outlined in the Indira Sawhney Judgment.
Impact on Meritocracy May lead to hiring based on residence rather than merit, reducing overall productivity and
efficiency.
Ease of Doing Business Reduces the movement of skilled and unskilled labor between states, adversely affecting
business operations. Eg- Relocation of firms from Gurugram to Noida due to local hiring
mandates in Haryana.

Way forward for reservation

Expert Recommendation

Dr. Amartya Sen Capability approach focusing on 3Es: education, employability, and employment.

Dr. Yogendra Yadav Introduction of sunset clauses in reservation policies.

Institutional Recommenda- Create institutions similar to the Equal Opportunities Commission (US/UK) to create
tions deprivation indexes and audit reservation policies.
Comprehensive Data and Need for comprehensive data and clear guidelines for identifying beneficiaries.
Guidelines
Accompanying Structural Implement structural reforms like land reforms and skilling programs alongside reserva-
Reforms tions.
Periodic Reviews Conduct reviews of the reservation policy every five years to addresses distortions and
ensures equitable opportunities

Caste census
1. Caste-based census refers to the collection of demographic data that includes information about the caste or social
group of individuals within a population.

2. Recently, the Bihar government released the caste census and a few other state governments like Karnataka announced the
same.

3. Every Census in independent India from 1951 to 2011 has published data on Scheduled Castes and Scheduled Tribes, but not
on other castes. Before that, every Census until 1931 had data on caste.

4. The Socio-Economic Caste Census (SECC) conducted in 2011 aimed to gather comprehensive data on socio-economic
indicators, including caste information. However, issues regarding data quality and classification challenges have hindered
the effective release and utilization of the raw caste data collected in the SECC.

Difference between Census and Caste Census

Census Caste Census
The Census Act of 1948 provides the legal framework for Central government may provide for caste census by notifica-
conducting the census in India. tion. It has no statutory basis.
The socio-economic data release only included Scheduled The 2011 census marked the first time since independence
Castes and Scheduled Tribes that socioeconomic data on Other Backward Classes (OBCs)
was gathered, but it was not made public.

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Census data is safe and secure. It is kept confidential by The personal information given in the SECC is open to use by
law. Government departments to grant and/or restrict benefits to
households.
It covers the entire population, gathering general demo- It focuses specifically on caste data, potentially including all
graphic information. castes (not done in recent times) or Scheduled Castes (SCs)
and Scheduled Tribes (STs) only (collected but not all data
released).
It provides a broad picture of the population for planning It aims to understand the socio-economic situation of specific
and resource allocation. caste groups, potentially for targeted social welfare programs.

Need of caste census

1. Social Justice - Caste data is key to understanding three important factors - the functioning of the labour market, wealth
inequality and implementation of policy schemes.

2. Evidence-based reservation policy: The current policies are based on the last caste census which was conducted in 1931.
A new caste census can provide the latest data to evolve scientific criteria for reservation and sub-categorization. This would
also be necessary for all States, which have their own State-level OBC lists

3. Better targeting of Government welfare schemes: Eg. Under the National Food Security Act, there are 87.1 million benefi-
ciaries in Bihar. However, as per the latest caste census data, 22.6 million persons have been excluded from this benefit.

4. Constitutional Mandate: Article 340 mandates the appointment of a commission to investigate the conditions of socially
and educationally backward classes and make recommendations.

5. Caste intersects with additional factors like gender, religion, and region, resulting in compounded disadvantages. Eg. As
per the NSS survey, the average monthly per capita consumption expenditures (MPCE) of ST, SC, and OBC households in
rural areas were, respectively 65%, 73%, and 84% of the MPCE of the general category.

6. Monitoring and Evaluation: SECC data provides a baseline for monitoring and evaluating the effectiveness of government
programs and policies aimed at poverty reduction, social inclusion, and economic empowerment. Eg. under the MGNREGA
scheme, SECC data is used for monitoring.

7. Various committees like the Sachar committee and Justice Rohini committee have highlighted the need for scientific data
for highlighting relative deprivation

Challenges
1. Political Polarization along caste lines and exacerbating inter-caste tensions and conflicts.

2. Demand for more reservation: Eg. The revelation of the exact population share of OBCs greater than or equal to 52%, as
estimated by the Mandal commission, can trigger demands for enhancing the 27% reservation quota for OBCs.

3. Despite the Constitution’s aim to foster a casteless society, there remains a risk of caste identities being strengthened due
to caste census. This hardening of caste identities may hamper the growth of national integration

4. Administrative challenges: Counting the number of castes in India poses a challenge due to variations in spellings across
different states. Additionally, a caste that is considered extremely backward in one state may be classified as backward in
another state.

5. Potential Stigmatization: Revealing caste identities may result in individuals facing discrimination and may discourage
truthful responses and compromise the accuracy of the survey.

Way forward
1. As suggested by Prof Yogendra Yadav, there is a need to develop a cross-party consensus and articulate the demand for
caste census as an element in a larger multi-dimensional ideology of social justice that includes gender.

2. As suggested by Suhas Palshikar, there is a need to prepare a backwardness index based on the caste census and incen-
tivize the inclusion of persons with a high backwardness index in private employment.

3. Use of technologies such as Artificial intelligence and machine learning can help in analyzing data.

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Sub-categorization of OBCs 
1. It refers to creating sub-categories within the larger group of OBCs to ensure “equitable distribution” of representation
among all OBC communities.

2. Justice Rohini commission on OBC sub-categorization was set up by the President of India, mandated under Article 340
to investigate the conditions of socially and educationally backward classes and propose steps for their improvement. It
submitted its report in October 2023.

1. 97 percent of the reserved jobs and seats have gone to 25 percent of OBC sub-castes, and only 10 OBC com-
munities have taken the 25 percent of reserved central jobs and institutional seats.

2. As many as 983, or 37 percent, of the 2,600 communities under the OBC category had zero representation in jobs
and institutes, and only 2.68 percent reservations have been used by 994 castes.

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Need
Aspect Description Examples

Horizontal Equity Ensures fair distribution of benefits Mandal Commission identified 3,743 castes and commu-
among OBCs, recognizing the vary- nities as OBCs. The recent Bihar caste survey identified
ing degrees of marginalization. 27% of the population as “pichhda” (backward), and 36%
as “atyant pichhda” (EBCs).
Fair Distribution Addresses graded inequalities by Justice Rohini Commission’s recommendation to sub-cat-
Structure breaking sub-categories into differ- egorize OBCs into three benefit bands: communities
ent benefit bands. receiving no benefits (10 percent), those with partial ben-
efits (10 percent), and those receiving maximum benefits
(7 percent).

Subcategories in Many states have implemented Andhra Pradesh and Karnataka have divided OBCs into
States their own criteria to distribute quo- five subcategories; Kerala has eight subgroups for 40%
ta benefits among OBCs. OBC reservation.

Targeted Welfare Enables formulation and implemen- Educational scholarships, skill development programs,
Measures tation of targeted welfare measures and employment opportunities for the most marginalized
by prioritizing the most marginal- OBC communities.
ized.

Increased Social Facilitates upward social mobil-

Mobility ity for the most disadvantaged
subgroups by providing them with
more opportunities.

Challenges
Aspect Description

SC Judgments on Sub-Cate- In E V Chinnaiah vs State of Andhra Pradesh, the SC held that no special sub-quota
gorization can be introduced within SC/ST quotas for more backward castes.

In State of Punjab vs Davinder Singh, the issue was referred to a larger bench for fur-
ther consideration.

Data and Scientific Basis According to Justice Vangala Eswaraiah, without a caste census and scientific data,
sub-categorization of OBCs could perpetuate injustice.

Identification and Classifi- Determining criteria for sub-categorization and accurately identifying OBC groups based
cation on their socio-economic backwardness is complex and subjective.

Fragmentation and Division Dominant OBC groups may resist sub-categorization as it can dilute their access to ben-
efits, leading to internal conflicts and resistance.
Equity vs Equality Balancing the principles of equity (providing more to those with greater need) and equali-
ty (treating everyone the same) is complex and contentious.
Potential for Misuse Sub-categorization may be susceptible to misuse for political gains by manipulating
data and criteria to benefit specific communities or individuals.
Lack of consensus Achieving political and social consensus on the criteria and process for sub-categoriza-
tion is challenging, leading to delays and conflicts.

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Way Forward
Recommendation Description

Transparent Criteria Use clear and objective indicators of socio-economic backwardness, such as income
levels, educational attainment, access to basic services, and representation in gov-
ernment jobs.
Consultation and Inclusivity Ensure broad-based consultation with OBC communities, experts, civil society orga-
nizations, and political stakeholders in the sub-categorization process.

Long-term Vision Approach sub-categorization as part of a broader agenda for social inclusion and
empowerment of marginalized communities.
Political Will and Commitment Prioritize and implement sub-categorization effectively by overcoming political re-
sistance through dialogue, consensus-building, and advocacy for the broader public
interest.

Right to Freedom under Article 19-22 

Right Reasonable Restrictions
Article 19(1)(a): Freedom of Article 19(2) - Restrictions in the interests of sovereignty and integrity of India, security
Speech and Expression of the state, friendly relations with foreign states, public order, decency or morality, or in
relation to contempt of court, defamation, or incitement to an offense.
Article 19(1)(b): Right to As- Article 19(3) - Restrictions in the interests of sovereignty and integrity of India or public
semble Peacefully order.
Article 19(1)(c): Right to Form Article 19(4) - Restrictions in the interests of sovereignty and integrity of India, public
Associations or Unions order, or morality.
Article 19(1)(d): Right to Move Article 19(5) - Restrictions in the interests of the general public or for the protection of
Freely Throughout India the interests of any Scheduled Tribe.
Article 19(1)(e): Right to Reside Article 19(5) - Restrictions in the interests of the general public or for the protection of
and Settle in Any Part of India the interests of any Scheduled Tribe.

Article 19(1)(g): Right to Prac- Article 19(6) - Restrictions in the interests of the general public, for the protection of
tice Any Profession or to Carry the interests of any Scheduled Tribe, or on the grounds of reasonable requirements
on Any Occupation, Trade, or such as professional qualifications or technical standards.
Business

Article 20(1) Protection No person shall be convicted of any offense except for violation of a law in force at the
against ex post facto laws time of the commission of the act.
Article 20(2) Protection No person shall be prosecuted and punished for the same offense more than once.
against double jeopardy

Article 20(3) Protection No person accused of any offense shall be compelled to be a witness against himself.
against self-incrimination

Article No person shall be deprived of his life or Any deprivation must follow a fair, just, and reasonable
21 Protection personal liberty except according to the legal procedure. I.e Procedure Established by Law and
of life and procedure established by law. Due Process of Law (Menka Gandhi Case)
personal
liberty

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Significance
Aspect Description/Examples

Political Democracy Freedom of speech and expression allows political criticism and accountability.
Protection of Individual Protects individuals from arbitrary actions by the state and ensures personal freedoms.
Liberties Eg- Shreya Singhal v. Union of India (2015) - Struck down Section 66A of the IT Act.
Individual Development Right to profession under Article 19 and Right to Livelihood under Article 21.
Human Dignity Maneka Gandhi v. Union of India (1978) - Expanded Article 21 to include the right to live
with dignity.
Rule of Law Nandini Satpathy v. P.L. Dani (1978) - Protection against self-incrimination under Article
20(3).
Social Progress Allows individuals to pursue their aspirations and contribute to societal development. Eg-
Freedom of profession (Article 19)
Positive Rights Article 21A mandates free and compulsory education for children aged 6-14. Unnikrishnan
v. State of Andhra Pradesh (1993) recognized right to education as fundamental Right.

Expansion of Fundamen- Right to Life (Article 21) interpreted to include the right to privacy and a clean environment.
tal Rights

Reasonable restrictions
Ground Description

Sovereignty and Added by the Constitution (Sixteenth Amendment) Act, 1963.

Integrity of India
Speeches encouraging armed rebellion in Jammu and Kashmir or the northeastern states.

Security of the State Speech that incites rebellion, promotes terrorism, or undermines state institutions.

Friendly Relations Statements that harm diplomatic relations with other countries.
with Foreign States
Public Order Speech that disrupts public order, leads to violence, rioting, or unrest. Eg- Hate speeches
during the 2020 Delhi riots
Decency and Moral- Speech that is obscene, vulgar, or offensive. Regulated by Sections 292 to 294 of the IPC.
ity
Contempt of Court Speech that scandalizes or lowers the authority of the judiciary to ensure proper functioning
of the legal system. Punishable under Article 129 and Article 215 by SC and HC. Eg- Prashant
Bhushan Case

Defamation Speech that harms the reputation of an individual or entity. Added by the Constitution (First
Amendment) Act, 1951.
Incitement to an Speech that incites others to commit a criminal offense. Eg- Arrests related to Bhima Korega-
Offense on violence

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Expanding Scope
Case Summary

SC Judgments Maneka Gandhi v. Union of Right to Life under Article 21 includes the right to live with dignity,
India (1978) encompassing freedom to travel abroad.

Shreya Singhal Judgment Struck down Section 66A of the Information Technology Act, 2000,
(2015) for violating freedom of speech and expression.

Kaushal Kishore case Existing eight “reasonable” restrictions under Article 19(2) are ex-
haustive; no further curbs can be imposed on freedom of speech and
expression.
Vishaka v. State of Rajasthan Recognized right to a safe working environment under Article 21 and
(1997) right to gender equality under Article 14; guidelines against sexual
harassment at workplace.

Naz Foundation v. Govt. of NCT Declared criminalizing same-sex relationships unconstitutional;

of Delhi (2009) upheld rights to privacy, dignity, and equality under Articles 14, 15,
and 21.

Puttaswamy v. Union of India Recognized right to privacy as a fundamental right under Article 21;
(2017) essential for personal autonomy, dignity, and freedom.

Nalsa v. Union of India (2014) Recognized rights of transgender persons; directed government to
ensure protection and empowerment through affirmative action.

Faheema Shirin v. State of Kerala High Court recognized Internet access as a fundamental right
Kerala (2019) under Article 21.
State of Maharashtra v. Ra- Emphasized that Article 21 protection extends to prisoners; ensures
vikant S. Patil (1991) humane treatment and procedural safeguards.
D.K. Basu v. State of West Ben- Laid down guidelines to prevent custodial violence; protects rights of
gal (1997) arrested persons under Article 22(1) and (2), ensuring fair treatment
and procedural safeguards.
Through 86th Amendment Act inserted Article 21A, making free and compulsory education a funda-
Amendments mental right for children aged six to fourteen years.
44th Amendment Act enhanced the procedural safeguards for preventive detention

Challenges in Implementation
Challenges Description/Examples
Reasonable Restrictions Increasing internet shutdowns, abuse of defamation laws, curtailment of civil
liberties during emergencies
Restrictive Laws and Regulations Laws governing sedition, defamation, and public order, are often used to
curtail freedom of speech and expression. Eg. Journalist Siddique Kappan
case, AFSPA, 9th schedule
Judicial Backlog and Delayed Justice Overburdened courts and prolonged legal proceedings contribute to delays
in justice delivery, undermining the effective enforcement of fundamental
rights.
Socio-economic Inequalities disproportionately affect marginalized communities. Eg- As per census 2011,
there are 4.36 Million Child Labours
Lack of Awareness As per CSDS survey, only 42% of Indians are aware of their fundamental
rights
Legal and Administrative Bottlenecks As per NALSA report, approximately 70% of India’s population is unable to
access legal aid services due to poverty, lack of legal awareness, and geo-
graphical remoteness.

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Censorship and Media Restrictions limits the dissemination of information and hinder the free exchange of
ideas. Eg. India ranks 161st out of 180 countries in World Press Freedom
Index
Threats to Minority Rights lynching of Tabrez Ansari in Jharkhand in 2019 and the mob violence against
Muslims during the Delhi riots in 2020

Way forward for right to liberty

1. Positive Liberty - Increasing investments in social sector indicators like Health, Education, Skills for Capacity Building and
using nudge techniques to develop civic sense among citizenry. Eg- SBM

2. Legal Reforms: reviewing and amending existing laws to align them with principles of constitutionalism and international
human rights standards. Eg- amending AFSPA

3. Judicial Independence: Through transparent appointin procedure, providing adequate resources to the judiciary, and enhanc-
ing judicial training on human rights issues.

4. As held by SC in Kaushal Kishore judgment, the fundamental rights are exercisable not only vertically but also horizontally.
Thus, there is need to empower citizens through access to information and effective grievance redressal mechanisms to enable
them to enforces their fundamental freedoms. Eg- strengthening RTI, institutionalising Citizen Charter

5. Digital Rights: refraining from imposing arbitrary restrictions on social media platforms and promoting digital literacy and
responsible online behavior.

6. Civil Society Engagement: Supporting civil society organizations, human rights defenders, and advocacy groups which play a
critical role in monitoring threats to free speech, providing legal assistance to individuals facing censorship or persecution, and
advocating for policy reforms.

Right to be forgotten 
1. The right to be forgotten, a concept arising from the “right to privacy,” allows individuals to request the removal of their per-
sonal information from online platforms or search engines.

2. The Right to Privacy under Article 21 encompasses protecting information that is not publicly available, while the Right to
Be Forgotten involves the removal of information that was previously publicized and preventing third parties from accessing it
further.

3. In 2016, the European Union solidified the RTBF concept with the introduction of GDPR. Article 17 of the GDPR grants
individuals the “ right to erasure,” allowing them to request the deletion of their data under certain conditions.

Right to be forgotten in India:

1. India doesn’t have explicit law to deal with the Right to be forgotten however, it has been implicitly recognized by courts as
part of the right to privacy under Article 21 of the Indian Constitution.

2. While, the IT Rules, 2021 do not include this right, they do however, lay down the procedure for filing complaints with the
designated Grievance Officer so as to have content exposing personal information about a complainant removed from the
internet.

3. In K.S. Puttaswamy judgment, the Supreme Court recognized the Right to Be Forgotten (RTBF) as part of the right to life un-
der Article 21 of the Indian Constitution. The court stipulated that the RTBF is subject to certain restrictions like an exercise of
the right to freedom of expression and information, Fulfillment of legal responsibilities, Execution of duty in the public interest
or public health, etc

4. The Delhi High Court in Jorawar Singh Mundy v Union of India recognized the right to be forgotten of an American citizen.

Arguments in Favour
1. Protection of individuals’ privacy rights by allowing them to control the dissemination of their personal information online.

2. Digital Identity Management: The right enables individuals to manage their digital identities by removing outdated or inaccu-
rate information that may no longer be relevant.

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3. Promotion of Rehabilitation by mitigating post-acquittal social stigma, shielding individuals from further repercussions such
as societal ostracism, employment challenges, and obstacles in marriage. Eg. In Sri Vasunathan v The Registrar General
case, the Madras High Court allowed an individual to request the removal of his name from court records related to a criminal
case that had been dismissed.

4. Harmonization with Data Protection Laws such as the General Data Protection Regulation (GDPR) in the European Union.
Recognizing this right ensures consistency with international standards and promotes accountability and transparency in the
handling of personal data.

5. Balance of Rights: freedom of expression and right to privacy and dignity. Eg. removal of revenge porn

6. Promotion of Trust in Digital Ecosystems: By empowering individuals to control their online presence and protect their
privacy, the right encourages responsible data practices and promotes ethical online environment.

Arguments against
1. Chilling Effect on Article 19: The existence of the right to be forgotten may have a chilling effect on journalism, investigative
reporting, and freedom of expression, as individuals and media organizations may self-censor or refrain from publishing sensi-
tive information to avoid potential legal repercussions or removal requests.

2. The right to be forgotten may conflict with the right to information, which is a component of freedom of speech under Article
19(1)(a) of the Indian Constitution.

3. Practical Challenges: Implementing the right to be forgotten poses significant technical and logistical challenges for online
platforms and search engines, including identifying and verifying requests, determining the validity of removal requests, and
ensuring compliance with diverse legal frameworks across jurisdictions.

4. Potential Abuse such as suppressing information to manipulate public opinion, cover up wrongdoing, or evade legal
consequences, undermining transparency and accountability.

Way forward
1. For the effective implementation of the Right to Be Forgotten, a constitutional amendment is required to include privacy as
a permissible ground for reasonable restriction under Article 19(2).

2. Sufficient safeguards: Eg. SC in Puttaswamy judgment has held that the right cannot be exercised where the information or
data is necessary for exercising the right of freedom of expression and information, for compliance with legal obligations, or the
performance of a task carried out in public interest.

Sedition Law 
1. In India, Section 124(A) of IPC defines sedition as an offense committed when any person by words or otherwise brings or
attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established
by law in India by words, either spoken or written, signs, visible representation, or otherwise.

2. Sedition is a cognizable, non-bailable, and non-compoundable offense under the law, entailing life imprisonment as
Maximum punishment, with or without a fine. An individual charged under this provision is also barred from various services
like government jobs, passports, etc.

3. The new Bharatiya Nyaya Sanhita has removed section 124A of IPSC but has introduced similar provisions under
Section 150. It broadens the scope of Sedition to include “secession”, “armed rebellion”, “subversive activities” and “separat-
ist activities”.

Statistics about Sedition Cases

Year/Period Details
NCRB Report, Around a 75% decline in sedition cases from 2021 (76 cases) to 2022 (20 cases).
2022
NCRB Data (2014- Between 2014 and 2020, 399 sedition cases were registered in India.
2020)
Conviction Rate Only nine convictions out of 399 registered cases between 2014 and 2020. (merely 2.25%)

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Need for Sedition Law

1. National Security: To prevent actions or speech that could incite rebellion or threaten the stability of the state. Eg - in
Kashmir to the Northeast.

2. Reasonable Restrictions: While Article 19(1) protects freedom of speech, it is not without limitations. In certain instances,
speech is employed to disrupt the political stability of a country and foster hostility within society.

3. The uninterrupted presence of the lawfully established government is crucial for maintaining the stability of the State. Sedi-
tion law safeguards the elected government from violent and unlawful attempts to overthrow it.

4. Preservation of Sovereignty by preventing activities or speech that undermine the authority of the government or challenge
the constitutional order.

5. Defense Against External Threats by prohibiting activities that may be seen as aiding or abetting foreign adversaries.

6. Arguments by Law Commission,

1. The existence of laws such as the UAPA and the NSA does not cover all elements of the offense envisaged under
Section 124A of the IPC.

2. The mere colonial origin of a legal provision does not automatically justify its repeal.

3. The mere occurrence of misuse doesn’t necessitate the scrapping of a law; instead, establishing procedural safe-
guards can effectively curb any alleged misuse.

Arguments Against
1. Against freedom of speech and expression under Article 19 and is prone to misuse by striking at dissent, which might be
peaceful rather than violent. Eg. sedition cases against an entire village in Kudankulam, Tamil Nadu for resisting a nuclear
power project.

2. Colonial Legacy: The sedition law was originally introduced by the British to quash the freedom struggle. Its continued
existence today lacks justification, especially considering that Britain abolished it in 2009.

3. Overly wide and loosely defined: ambiguous interpretations of ‘disaffection towards the government’ and other provisions
has been used against activists, detractors, writers, and even cartoonists.

4. While it prohibits expressions of discontent toward the government, it fails to address dissatisfaction with the Constitution,
parliament, and judiciary, all of which could pose equally significant threats to the security of the State.

5. Political misuse to suppress opposition. Eg. the arrest of Andhra Pradesh MP K. Raghu Ramakrishna Raju

6. Low conviction rate: As per NCRB data, between 2014 and 2020, 399 sedition cases were registered in India, with only nine
convictions.

7. Inconsistency between its international obligations and domestic implementation. Eg. section 124A conflicts with the
principles outlined in the ‘Open Societies’ statement, which India has endorsed. This statement obliges signatories to uphold
freedom of expression, both online and offline.

8. Some argue that the provisions of the Indian Penal Code (IPC) and the Unlawful Activities Prevention Act (UAPA) adequately
safeguard national integrity. Therefore, there is no necessity for a distinct provision on sedition law.

Way forward
1. The law commission has recommended an Amendment of the law rather than Repealing. It has recommended aligning the
law with Kedar Nath judgment which stipulated that there must be a ‘pernicious tendency to incite violence’ to invoke the
sedition law.

2. Procedural safeguards: Eg. revision to Section 154 of the CrPC mandating that an FIR under Section 124A can only be
registered following a preliminary inquiry by a police officer and subsequent approval by the central or state government.

3. Sensitization of law enforcement agencies: There is a need to educate and train the Law enforcement authorities re-
garding the application and non-application cases of sedition to prevent the problem of misuse.

4. Alternatives like strengthening existing mechanisms related to hate speech, and violence so that there would be no need to
use it or use it sparingly.

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SC Judgments:
1. Kedar Nath Singh v. State of Bihar (1962): The court narrowed the scope of sedition, stating it only applies when there›s
an incitement to violence or a tendency to cause violence against the government. Mere criticism or dissent wouldn›t be
considered seditious.

2. Balwant Singh vs. State of Punjab (1995): The Supreme Court emphasized that sedition charges cannot be invoked against
individuals merely for expressing their views or advocating for the rights of a particular group unless there is clear evidence of
incitement to violence or public disorder.

3. P. Alavi vs State of Kerala, 1982: SC held that sloganeering, criticizing of Parliament, or Judicial setup did not amount to
sedition.

4. Express Newspapers (Bombay) Pvt. Ltd. v. Union of India (1985): The court, in this case, protected the freedom of the press.
It stated that criticism of the government, however strong, wouldn›t be seditious unless it has a «direct incitement to violence.»

5. Prafulla Kumar Mahanta v. Union of India (2019): The court emphasized that the law can›t be used to suppress dissent or
criticism. It called for a «prudent exercise» of power while applying sedition charges.

6. Vinod Dua v. Union Of India (2021): The court quashed a sedition case against journalist Vinod Dua. It reiterated that
criticism of the government isn›t sedition and called for the «disinvocation» of the law in most cases.

Undertrials 
1. An undertrial is a person who has been formally charged with a crime but is yet to undergo a trial or receive a final verdict in
court.
2. Accused, Not Convicted: It›s important to distinguish undertrials from convicted criminals. Undertrials are presumed innocent
until proven guilty in court.
3. Awaiting Trial: They might be in prison while awaiting trial (remand) or released on bail depending on the severity of the
charges and the judge›s discretion.

Statistics about undertrials in India

Statistic Details

Share of Undertrials (2012-2022) Increased from 66% in 2012 to 76% in 2022.

Youth (18-30 years) among Undertrials 49.7% in 2022, up from 46.7% in 2013.

Undertrials in Prison for More than a 29.1% had been in prison for over a year.
Year (2021)
Undertrials from Marginalized Castes 66% belonged to SC, ST, and OBC communities, compared to their 39%
(2022) share in the population.

Problems faced by undertrials

Issue Details

Violation of Right to Speedy One in four undertrials have been confined for one year or more, and one in eight for two
Trial to five years, violating Article 21.

Mental and Psychological Faced due to criminal surroundings, especially by those who are innocent.
Health Problems
Physical Health Issues Includes skin diseases, allergies due to overcrowding, poor basic amenities like beds,
toilets, quality food, etc.
Criminalizing Effect Influence of hardened criminals and lack of proper classification of undertrials based on
their crimes.
Suicides, Prison Deaths, or 119 prisoners died by suicide in 2022, at a rate of 20.8 per 100,000 prisoners, 67% higher
Sexual Harassment than India’s suicide rate of 12.4 per 100,000 population.

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Measures available to undertrials to seek justice

Provision Description

Constitutional Provisions

Article 14 Ensures fair and equal treatment for undertrials throughout the judicial process.
Article 21 Protects undertrials from cruel, inhuman, or degrading treatment while in custody.

Article 22 Guarantees that an arrested person will be informed of the grounds for arrest and brought
before a magistrate within 24 hours.

Article 39A Obligates the State to promote justice and provide free legal aid to underprivileged undertri-
als.
Legal Provisions

Section 436A of Mandates the release of an undertrial on bail if they have served half of the maximum sen-
CrPC tence for the offense during investigation and trial period.

Inserted a new chapter XXIA ‘Plea Bargaining’ in the CrPC.

Section 167 of Ensures that undertrial prisoners have the right to default bail if their judicial custody ex-
CrPC ceeds 90/60 days without a charge sheet being filed.

Supreme Court Judgments

Case Description

Hussainara Khatoon vs. Right to a speedy trial is a fundamental right implicit in Article 21. Laid down
Home Secretary, State of guidelines for speedy trials.
Bihar (1979)
Rasiklal v Kishore (2009) Reinforced the mandatory nature of granting bail for bailable offenses.
Ajit Singh v. State of Punjab undertrial prisoners who have completed half of the maximum sentence for the
(1999) offenses they are charged with should be released on bail.
Bhim Singh vs. Union of Issued directions for setting up Under-trial Review Committees.
India (2014)
Directed periodic review of cases of undertrials who have undergone long periods
of detention.

Way forward
The Mulla committee Introduction of plea bargaining to expedite trials.
Establishment of fast-track courts
Promotion of alternative dispute resolution mechanisms
Law Commission of India’s releasing individuals convicted for crimes with sentences up to seven years after serv-
268th Report ing one-third of their time. It also advocated against mechanical remand orders.

UN Bangkok Rules These are the 70 UN Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders
Open jails allowing them to move freely and engage in productive activities to support them-
selves. This approach aims to mitigate the punitive nature of imprisonment.

Conclusion - transforming jails into reformation centers.

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Right to Protest 
The right to protest is a fundamental civil liberty that grants individuals or groups the freedom to express dissent, disagreement, or
opposition to governmental policies, actions, or societal norms through peaceful demonstrations, assemblies, marches, or other forms
of collective action.

«Protest is the voice of the unheard.» - Martin Luther King Jr.

“A democracy is vibrant when it allows for dissent, criticism, and protest. It is a sign of a healthy society.” - Romila Thapar

In India, the right to protest is not recognized separately and exclusively in the constitution but it is implicitly protected under

1. A.19(1)(a): freedom of speech and expression,

2. A.19(1)(b): right to assemble peacefully and without arms,

3. A.19(1)(c): right to form association or trade union.

4. A.21: right to protection of life and personal liberty

However, the right is not absolute and under A.19(2),(3) reasonable restrictions are imposed.

Also, Section 144 of the Criminal Procedure Code (CrPC) empowers the District Magistrate to issue orders to maintain public order in
urgent situations.

Need for the right to protest

Aspect Details Examples
Inalienable Fundamental protecting against tyranny of the majority, LGBTQ+ protests against dual-gender
Right preserving personhood and individuality. policies.
Expression of Dissent Ensures government accountability by allow- India Against Corruption movement.
ing diverse viewpoints.
Promotion of Civic Engage- Empowers individuals to voice concerns Chipko movement.
ment and contribute to public discourse, shaping
policies and decisions.
Promoting Transparency Enables citizens to question the government, Farmers’ protests led to the repealing of
and Accountability holding it accountable. farm bills.
Social Change and Reform Advocates for civil rights, women’s rights, The Arab Spring protests for democratic
LGBTQ+ rights, and other causes, raising reforms and human rights.
awareness and mobilizing support.
Enhancement of Pluralism Reflects diversity of opinions and promotes The LGBTQ+ rights movement.
and Diversity inclusivity, pluralism, and protection of mi-
nority rights.
Democratic Renewal and Sparks debates, discussions, and reforms, Dalit Panther movement.
Innovation strengthening democratic institutions and
values.

Challenges to the right to protest in India

Restriction Details Examples
Permissions Section 144 of the CrPC can be used to restrict gath- Denial of permits for protests against govern-
erings and protests. Authorities may deny permits for ment policies.
protests deemed inconvenient or disruptive.

Use of Force by Instances of police using tear gas, water cannons, Use of force during farmers’ protests.
Police and violence against peaceful protestors.
Government Activists and protestors critical of the government Arrest of Journalist Siddique Kappan.
Crackdown on face arrests, detention, and sedition charges.
Dissent

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Surveillance and Increased use of CCTV cameras and facial recogni- Discouragement of participation due to fear of
Monitoring tion technology to monitor protests. reprisals.
Disruption of Large protests can cause traffic congestion and Shaheen Bagh judgment: SC upheld the right
Daily Life inconvenience for non-participants, leading to public to peaceful protests but stated that public
backlash. spaces cannot be occupied indefinitely.
Fake News and Spread of misinformation online to discredit protest Labeling protesting farmers as Khalistani.
Propaganda movements and sow discord among participants.
Internet Shut- Government-imposed internet shutdowns to control India has the highest number of internet blocks
downs protests and information flow. in the world, with 805 shutdowns between Janu-
ary 2012 and February 2024.

Supreme Court Judgments

Case Details
Ramlila Maidan Incident v. Home Recognized the right to protest as a fundamental right but emphasized that the threat
Secretary, Union Of India & Ors to public peace must be real. Seeking police permission for protests was deemed a
(2012) reasonable restriction.
Mazdoor Kisan Shakti Sangathan Emphasized the right to peaceful protest but stressed the need to balance it with the
vs Union Of India & Ors (2018) rights of residents who might be inconvenienced by prolonged demonstrations.
Shaheen Bagh Judgment (2020) Upheld the right to protest but clarified that demonstrations should be held in desig-
nated places and should not indefinitely occupy public spaces.

Way forward
1. Streamlining the permit process as suggested by the Supreme Court in the Ramlila Maidan case by establishing clear
guidelines, defined timelines, and transparent criteria for approval or denial.

2. Judicious and limited use of section 144 of CrPC in situations where a clear and imminent threat to public safety arises.

3. Training programs and stringent guidelines for police to ensure proper crowd management and proportionate use of force
against protesters.

4. Designating specific protest areas in major cities with adequate infrastructure to prevent disruption of mundane life and
harm to public property, as suggested by the Supreme Court in the Mazdoor Kisan Shakti Sangathan Case.

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Digital Rights 
1. As per WEF, Digital rights are basically human rights in the internet era. They are closely linked to freedom of expression and
privacy and allow people to access, use, create, and publish digital media, as well as access and use computers, other electron-
ic devices, and communications networks.

2. Recently, the European Commission has proposed a set of digital rights and principles. It is an extension of the Berlin Decla-
ration on Digital Society and Value-Based Digital Government

Need for digital rights

1. Digital rights ensure critics and activists can voice their opinions online without fear of government censorship or
harassment.

2. Bridge the information gap. Digital rights, like the Fahima Shireen court ruling recognizing internet access as a fundamental
right, ensure everyone can access this vital resource.

3. Maintaining control over personal information, particularly in India where the Aadhaar biometric ID system has sparked
concerns regarding potential mass surveillance.

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4. It can help establish guidelines for respectful online behavior and give users tools to report abuse.

5. Digital rights promote secure and responsible data management by acting as a guide to policy makers and government and
providing standards to evaluate the performance. Eg. EUs set of digital rights and principles

Challenges to digital rights in India

1. Digital divide - The ‘State of India’s Digital Economy 2024’ report, India’s gender gap in internet connectivity is 10% and the
rural-urban divide is even higher at 58%

2. Authorities have sometimes restricted internet access in certain regions to curb protests or maintain order. Between January
2012 and February 2024, there were 805 government-imposed internet shutdowns across India.

3. India’s data protection framework is still evolving. The vast amount of personal data collected online raises concerns about
misuse and potential government access. Eg. the Aadhaar program, has been criticized for the potential for mass surveillance
and data breaches.

4. Lack of awareness- The digital illiteracy makes them vulnerable to online scams, misinformation, and privacy violations. Eg.
According to data from 2023, only 29% of women in India are digitally literate, compared to 59% of men.

5. As per a report by a cyber security firm checkpoint, The number of cyber attack cases in India increased by 15% per week on
average in 2023

Way forward
1. The government could offer subsidized internet plans and devices for low-income households, students, and rural
communities.

2. Timely completion of BharatNet project that aims to connect rural India with high-speed broadband but could be expanded
with subsidized user plans

3. Digital literacy programs like National Digital Literacy Mission by government to empower them to exercise their digital rights
confidently.

4. Establish an independent data protection authority to enforce data protection laws and investigate potential violations.

5. Investing in robust cybersecurity infrastructure, including firewalls and data encryption technologies.

Phone Tapping
Phone tapping, also known as wiretapping, is the monitoring of telephone conversations and internet-based communication by a third
party, often in secret.

Recently, the case of phone tapping of political leaders in Telangana, NSE Phone Tapping Case has brought this issue into highlight.

In India, phone tapping is governed by The Indian Telegraph Act, 1885.

1. Section 5(2): At the center, 10 agencies (IB, CBI, etc) and at states, police have powers to tap the phones.
2. Authority: Under Rule 419A of the Indian Telegraph (Amendment) Rules, 2007, at the central level, the secretary in MoHA
and at the state level, the secretary in the Home Department has the authority to issue orders for phone tapping. They must
record reasons for tapping in writing.
3. Grounds for phone tapping: If the center or states satisfy that it is necessary in case of public emergency in the interest
of “public safety”, “sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public
order or for preventing incitement to the commission of an offense”.

Safeguards available against phone tapping

1. Last option: It must be ordered only if there is no other way of getting the information.

2. Time period: If not revoked earlier, the order remains in force for 60 days. It can be renewed but not for more than 180 days in
total.

3. Review committee: At the center, it is headed by the Cabinet secretary, and at the state level, it is headed by the Chief Sec-
retary. It reviews orders by competent authorities, copies of which are sent to it within 7 working days.

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Issues related to phone tapping:

Issue Details
Violation of Right to Infringes upon the right to privacy (Article 21) as sensitive information about personal life and
Privacy business is tapped without permission.
Chilling Effect on Free- Fear of being monitored can lead to self-censorship and discourage open communication
dom of Speech about sensitive topics. (PUCL vs Union of India).
Abuse of Power Governments might use phone tapping for political purposes, targeting dissidents or critics
to suppress dissent. Example: Pegasus issue.
Divergence with Interna- Article 17 of the International Covenant on Civil and Political Rights states that no one should
tional Obligation face arbitrary interference with their privacy. India is a signatory.

SC Judgments
Case Details
People’s Union for Civil Liberties vs. The court laid down guidelines for the interception of telephone conversations,
Union of India (1996) emphasizing the need for proper authorization, limited duration, and oversight
mechanisms to prevent abuse of surveillance powers.
Justice K.S. Puttaswamy (Retd.) & Anr. The right to communication was declared a part of the right to privacy, protected
vs Union of India & Ors. (2017) under Article 21 of the Constitution.

Way forward
Recommendation Details

Enact Comprehensive Law Outline clear procedures, grounds for authorization, and independent oversight
mechanisms for phone tapping.

Judicial Review of Authorizations Establish a process for judicial review to ensure phone-tapping authorizations
meet legal requirements and are not arbitrary.

Independent Oversight Body Create an independent body to oversee phone-tapping practices, investigate
complaints of misuse, and report to the public.

Freedom of Press
1. It is a cornerstone principle that ensures the right to freely communicate and express information through various media
channels like print(newspaper), electronic(TV), social media(Twitter), etc.

2. As per the World Press Freedom Index 2023, India ranks 161 out of 180 countries. In 2022, India ranked 150. It shows a
decline in the freedom of press in India.

3. In India, the freedom of the press has been regarded as an integral component of the freedom of speech and expression guar-
anteed by Article 19(1)(a) of the Constitution.

4. However, under Article 19(2), certain reasonable restrictions are imposed on freedom of press like the interests of the sover-
eignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality or
in relation to contempt of court, defamation or incitement to an offense.

5. The Press Council of India (PCI) acts as an internal governing body. This independent council, composed of journalists and
media representatives, is tasked with ensuring ethical conduct within the press. They achieve this by reviewing complaints
against media outlets and promoting high journalistic standards.

6. Legal provisions: The Official Secrets Act of 1923 provides the government with the authority to designate specific informa-
tion as confidential and to penalize individuals for its unauthorized disclosure. Likewise, the Press and Registration of Books
Act of 1867 mandates publishers to register with the government and enforces penalties for failure to comply.

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Need for Freedom Of Press

Aspect Details Examples
Democracy and Public Acts as the fourth pillar of democracy, holding Unbiased reporting on elections and govern-
Participation governments and public officials accountable ment actions.
and facilitating public participation in gover-
nance.
Checks and Balances Investigates and reports on issues of public Exposing corruption scandals and human rights
interest, including corruption, human rights violations.
abuses, and abuses of power.

Addressing Fake News Essential for combating fake news and mis- Reporting on healthcare during COVID-19 to
information, helping citizens make informed fight misinformation about vaccines.
decisions.
Voice for Marginalized Acts as a voice for marginalized sections of so- Social media empowering the LGBTQ+ move-
Sections ciety like LGBTQ+, minorities, and women, and ment.
protests against atrocities.
Tool for Social Aware- Campaigns among citizens by empowering them Media support for the Triple Talaq ban act,
ness with facts and knowledge about social ills and empowering women’s voices.
the need for social reforms.

Challenges to Freedom of Press

Challenge Details Examples from India
Government Censor- Governments may impose censorship, restrict- Blocking of The Kashmir Reader in 2016.
ship ing the publication of information critical of their
policies.
Legal Constraints Laws such as Official Secrets Act, defamation, Arrest of journalist Siddique Kappan under
sedition, and national security laws can be misused UAPA.
to target journalists.
Threats and Violence According to data from the Committee to Protect Murder of journalist Gauri Lankesh in 2017.
Journalists, 36 journalists were imprisoned in India
between 2014 and 2023, and 28 journalists were
killed.
Economic Pressures Media organizations may face financial challenges Withdrawal of advertisements by the gov-
due to pressure from advertisers or loss of funding. ernment from The Hindu and The Telegraph
newspapers in 2019.
Ownership Concentra- Concentration of media ownership in the hands Reliance Industries’ control over Network18
tion of a few can lead to biased reporting and lack of group.
diversity.

Internet and Social Governments may impose regulations that restrict IT Rules 2021.
Media Regulation online journalism and social media platforms.
Fake News and Misin- The spread of fake news and misinformation can Spread of misinformation during the
formation undermine credible journalism and public trust in COVID-19 pandemic.
the media.
Self-Censorship Fear of repercussions may lead journalists to Journalists avoiding coverage of certain
self-censor their work, avoiding controversial political issues due to fear of reprisal.
topics.

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SC Judgments
Case Details

Siddhartha Vashisht vs. State The court differentiated between informative media and trial by media, stressing the need
NCT of Delhi (2010) to distinguish between legitimate commentary and actions that undermine the presump-
tion of innocence.
Manohar Lal Sharma vs. Union The court noted that press freedom and privacy are mutually supportive, and surveillance
of India (2021) threats undermine the press.

Vinod Dua vs. Union of India & The SC ruled that critiquing the government and its policies does not constitute sedition,
Others (2021) affirming that freedom of speech and expression encompasses the press.

Way Forward
1. Strengthening self regulation - The Second Press Commission, had suggested strengthening the Press Council of India and
enhancing its role in ensuring journalistic standards.

2. Reforming defamation laws to make them press-friendly and prevent misuse. Also, precise and narrow definitions of sedi-
tions are necessary to ensure freedom of the press in India.

3. Protecting journalists by stringent regulations, prompt implementation, swift investigations, and harsher punishments to
create deterrence among the culprits. Eg. Setting up SITs, fast track courts, etc. (Malimath Committee Report on Criminal
Law Reforms)

4. Implementing measures to curb the excessive concentration of media ownership among a handful of corporations to promote
media pluralism. Complementing with enhanced capabilities of public service broadcasters to offer impartial and varied
perspectives and establish financial mechanisms to sustain investigative journalism initiatives.

5. Enhancing compliance with journalistic ethical standards and advocating for responsible reporting behaviors. Urging media
organizations to disclose their ownership and financial backing transparently to uphold public confidence.

Censorship in India
Censorship refers to the suppression, prohibition, or restriction of information, ideas, speech, or other forms of expression by govern-
mental authorities, institutions, or other controlling bodies.

“Censorship is the tool of those who need to hide actualities from themselves and others.” - Isaac Asimov

“The first condition of progress is the removal of censorship.” - George Bernard Shaw

Laws related to cencorship

Law/Provision Details
The Cinematograph Act, 1952 Regulates film certification through the Central Board of Film Certification (CBFC),
often criticized for stifling artistic expression.
The Indian Penal Code Contains sections like 295A (hurting religious sentiments) and 124A (sedition) that
can be used to restrict expression.

Article 19(2) of the Constitution Permits the State to impose reasonable restrictions on grounds like security of the
state, sovereignty, and integrity of India, friendly relations with foreign countries,
public order, decency and morality, contempt of court, and defamation.

The Information Technology Act, Deals with online content and empowers the government to remove content
2000 deemed harmful.
IT (Intermediary Guidelines and Aim to make large social media platforms (Significant Social Media Intermediaries -
Digital Media Ethics Code) Rules, SSMIs) more accountable for the content hosted on their services.
2023

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Need for censorship in India

Justification Details Examples from News

Maintaining Censorship can be used to restrict In 2008, the Indian government temporarily banned
Public Order and information that could be detrimental to the broadcast of live coverage during the 26/11
Security national security. Mumbai attacks to prevent aiding the attackers.

Preserving Social Upholding moral standards and cultural In 2016, the CBFC censored the film “Udta Punjab”
Morality sensitivities by restricting content for explicit content and references to drug use.
deemed obscene or offensive.

Regulating Controlling the depiction of sexual In 2015, the government banned the documentary
Obscenity and content, violence, or graphic imagery in “India’s Daughter,” which depicted the 2012 Delhi
Indecency media and entertainment. gang rape case.

Preventing Hate Restricting content that can lead to so- In 2019, the Ministry of Home Affairs ordered the
Speech and Defa- cial unrest and endanger public safety. blocking of websites and social media accounts
mation linked to extremist groups.
Combatting Fake Removing misleading information to In 2020, during the COVID-19 pandemic, the
News and Misin- prevent panic during emergencies or government worked with social media platforms
formation elections. to remove false information about the virus and
vaccines.
Protecting Vul- Shielding children and other vulnerable In 2018, the Indian government imposed regula-
nerable Groups groups from harmful content. tions on violent video games to protect children
from harmful effects.

Intellectual Prop- Ensuring that media content respects In 2019, the Delhi High Court ordered ISPs to block
erty Protection intellectual property laws and does not websites facilitating illegal downloads of the film
promote piracy. “Uri: The Surgical Strike.”
Safeguarding Na- Censoring content that disrespects In 2016, a film showing disrespect to the Indian
tional Symbols national symbols like the flag, anthem, national flag was banned by the CBFC.
or emblems.

Arguments against censorship:

Challenge Details Examples from News
Contradiction to Free- Hinders open discussion and critical Censorship on movies like “Padmavat” (2018).
dom of Speech thinking, contradicting Article 19(a).
Chilling Effect on Inno- Creates a climate of fear and self-cen- Controversy over “One Part Woman” book by
vation and Creativity sorship among content creators, sti- Perumal Murugan.
fling cultural and intellectual growth.

Silencing Dissent Used to silence dissent against the Ban on BBC documentary “India: The Modi Ques-
government or powerful entities. tion” (2023)

Vague and Subjective Terms like “public order” or “morality”

Terms are often vague, leading to arbitrary
enforcement and misuse.
Economic Impact on Censorship can negatively affect the Financial losses incurred by “Udta Punjab” (2016)
Media Industry media industry by reducing revenue filmmakers.
from controversial but popular content.

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Loss of Cultural Diver- Restricts the portrayal of diverse Censorship of regional films like “Ka Bodyscapes”
sity cultures and viewpoints, leading to a (2016), which depicted LGBTQ+ themes and local
homogenized media landscape. traditions.

Infringement on Artis- Limits the ability of artists to express Censorship of artist M.F. Husain’s paintings, lead-
tic Freedom themselves freely and push creative ing to his self-imposed exile.
boundaries.
Suppression of Minori- Disproportionately impacts marginal- Restrictions on content related to LGBTQ+ issues,
ty Voices ized groups, preventing their issues and such as the banning of the film “Aligarh” (2015) in
perspectives from being heard. some states.

Erosion of Democratic Continuous censorship undermines the Censoring news coverage of the Citizenship
Values principles of a democratic society by Amendment Act (CAA) protests in 2019-2020.
limiting free expression.

SC Judgments
Case Details
Sakal Papers (P) Ltd. vs. The SC held that the right to freedom of speech and expression includes the freedom of the
Union of India (1962) press, and any law that imposes prior restraint on the press must pass the test of reasonable-
ness.
K.A. Abbas vs. Union of The Supreme Court held that the power of pre-censorship conferred on the CBFC under the
India (1970) Cinematograph Act, 1952, must be exercised within the narrow limits laid down by the Consti-
tution.
Shreya Singhal vs. The SC struck down Section 66A, holding it to be violative of the freedom of speech and
Union of India (2015) expression guaranteed under Article 19(1)(a) of the Constitution.

Way forward
1. Revise censorship laws to provide clearer definitions of terms like «public order» and «morality» to minimize subjective
interpretations and misuse.

2. Encourage Self-Regulation: It is imperative for media institutions to prioritize self-regulation as a proactive measure against
excessive government intervention. This strategy presents a more equitable solution compared to direct government over-
sight of content.

3. Implement age-gating systems for online content deemed mature, restricting access for underage users without resorting
to complete bans.

4. Integrate media literacy programs into school curriculums to equip students with the skills to evaluate information sources,
identify bias, and spot misinformation.

5. Mandate social media platforms to publish regular transparency reports disclosing the volume and nature of content
removed and the reasons behind them.

OTT Regulation in India

OTT stands for “Over-the-Top.” An OTT platform is an audio and video hosting and streaming service that delivers streaming media
content directly to viewers over the internet, bypassing traditional cable, satellite, and broadcast television. Eg. Netflix, Amazon, etc

As per Ormax Media report 2023, India has 481 million OTT users and 102 million paid subscriptions. It also shows a growth rate of
20% showing an increasing market for OTT platforms.

Regulatory Mechanism in India

Aspect Details

Self-Regulatory Guidelines Set by industry bodies like IAMAI, including content classification, age ratings, and griev-
ance redressal mechanisms.

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Information Technology Applies to OTT platforms through specific sections and intermediary guidelines. Eg -
Act (IT Act), 2000 Section 79 provides safe harbor for OTT platforms if they meet certain conditions.
Indian Penal Code (IPC), Section 292 on obscene acts can make OTT platforms liable for displaying obscene con-
1861 tent.
IT (Intermediary Guidelines MoIB regulates OTT platforms with provisions like a code of ethics, age-based classifi-
and Digital Media Ethics cation, parental locks, and a three-level grievance redressal mechanism. These rules are
Code) Rules 2021 based on the Co-Regulation Approach.
Broadcasting Services Bill, Aims to create a single framework for broadcasting, OTT, and digital media, replacing the
2023 Cable Television Networks Act of 1995.

Need for OTT regulation

Challenge/Necessity Details
Content Oversight Regulation ensures content aligns with cultural sensitivities, societal norms, and legal
frameworks concerning obscenity, violence, and hate speech.
Level Playing Field The Internet Service Providers Association of India suggests parity in regulation be-
tween OTT platforms and licensed telecom service providers. Eg. WhatsApp provides
communication services like messaging, calls samee like other TSPs without licenses

Exponential Growth and Impact Regulation is necessary to ensure proper use and mitigate effects on viewers, including
children, youth, and women. Eg. Objectification of women, child pornography

Infrastructure Usage by OTT OTT platforms rely on infrastructure built by Telecom Service Providers (TSPs) without
Platforms paying charges, affecting telecom revenue. Eg. Whatsapp VoLTe service
Consumer Rights Regulation can address misleading advertisements, unfair trade practices, and inade-
quate grievance redressal mechanisms on OTT platforms.
National Security Regulation is needed to ensure public order and national security, preventing the
spread of misinformation and incitement of violence. Eg. Extremist groups use OTT
platforms to spread propaganda or recruit members.
Content Transparency Ensuring content transparency through age classification and clear guidelines on pro-
hibited content helps customers make informed choices about what they watch.

Challenges in OTT regulation

Challenge Details

Content Diversity and Sensi- Regulating diverse content while respecting freedom of expression and cultural sensi-
tivity tivities presents a significant challenge.
Jurisdictional Conflict Conflicts between TRAI and DoT over OTT regulation, such as HotStar’s free streaming
of World Cup matches.
Dynamic Nature of Digital New content formats, distribution models, and user behaviors require flexible and
Space adaptable regulations.
Impact on Innovation and Excessive regulation may stifle innovation and inhibit the growth of India’s digital media
Industry Growth industry.
Content Moderation Ensuring content does not violate community standards while respecting creative free-
dom, e.g., controversy over scenes in series like “Tandav”.
Balancing Regulation and Free Avoiding undue censorship while balancing regulation with the right to free speech, e.g.,
Speech criticism over removal of scenes from “Sacred Games” (2018).
Enforcement of Age Restric- Challenges in ensuring age restrictions are adhered to by young viewers on OTT plat-
tions forms.

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Way forward
Recommendation Details
Clear Content Classifica- Develop clear and objective guidelines that classify content based on factors like violence,
tion Guidelines nudity, and language with specific descriptions.

Media Development Authority (MDA) in Singapore provides a model for content

classification.

Robust Grievance Redressal Establish an independent body to review complaints alongside self-regulation by OTT plat-
System forms, with clear timelines for addressing complaints.

Eg- Three-level mechanisms in IT rules.

Define Content Threatening Target content promoting terrorism, violence, or hate speech rather than implementing blan-
National Security ket censorship

Cinematograph (Amendment) Act, 2023

Parliament has passed the Cinematography (Amendment) Bill, 2023, aimed at amending the Cinematograph Act, 1952. The act
focuses comprehensively on curbing the menace of ‘Piracy’ causing losses of Rs 20,000 Crores to the film industry, based on certain
estimates.

Need for amendment

Issue Details Examples
Film Piracy A newly released movie sees its pirated Shutdown of the illegal streaming network
version online within hours of its theatrical Fmovies. Between January 2023 and June
release causing significant financial losses 2024, Fmovies, along with affiliated sites
to filmmakers and studios. amassed over 6.7 billion visits.
Focus on Censorship vs. The existing Act primarily focused on cen- Scenes or songs from a movie are used with-
Copyright Protection sorship rather than copyright protection, out permission on a social media platform.
leaving loopholes for exploitation.
Rise of OTT Platforms The rise of OTT platforms and online con- In India, the OTT audience reached 547
tent consumption wasn’t envisaged by the million users in 2024, a 14% increase from
1952 Act. The amendment brings regula- 481 million in 2023, indicating a 38% market
tions in line with the digital age. penetration.

Broad U/A Category The existing U/A category in the film certi- A movie categorized as U/A might contain
fication system was broad. Sub-categories violence or themes unsuitable for young
offer more clarity, allowing parents to make children.
informed decisions.

Strengthening CBFC The amendment strengthens the CBFC by Controversy regarding the movie “Adipurush”
clarifying its powers and autonomy while en-
suring adherence to established guidelines.

Key provisions of the Act

1. Perpetually valid certificate: The act makes the certificate issued by CBFC perpetual instead of 10 years in the existing act.

2. Separate certificate for TV/other media: Movies rated «A» (adults only) or «S» (restricted) will need a different certificate to be
shown on TV or any other platform decided by the government. The CBFC may ask for changes to be made to the movie before it
can be shown on these platforms.

3. Copyright-related provisions: The Bill prohibits carrying out or abetting: (i) the unauthorized recording and (ii) the unauthorized
exhibition of films. Attempting an unauthorized recording will also be an offense.

4. Anti-Piracy provisions: The Copyright Act, of 1957 Act allows limited use of copyrighted content without the owner’s authori-
zation in specified cases such as: (i) private or personal use, (ii) reporting of current affairs, or (iii) review or critique of that work.

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Through this amendment, the above offenses will be punishable with (i) imprisonment between three months and three years,
and (ii) a fine between three lakh rupees and 5% of the audited gross production cost.

5. Revisional powers of central government: The central government no longer gave revisional powers regarding CBFC decisions.
This was proposed by the SC in the case of K.M. Shankarappa vs Union of India (2000).

6. Age-based Certification: The act divided the current U/A category into 3 subcategories

Issues with the Act

1. Its emphasis on stricter regulation and the CBFC’s power to demand edits might lead to censorship concerns. Filmmakers might
feel pressured to self-censor or avoid controversial themes to ensure smoother certification.

2. The requirement for separate certification for TV and other media might lead to overreach. Artistic expression might be stifled if
content deemed suitable for theatrical release faces stricter scrutiny for television broadcast.

3. Enforcing stricter anti-piracy measures can be challenging, especially for online piracy happening outside India’s jurisdiction. The
effectiveness of the Act’s penalties might be limited in the digital realm.

4. While self-regulation by filmmakers is encouraged, the Act doesn’t clearly define the boundaries. A lack of clear guidelines could
lead to inconsistencies in content moderation.

5. The Act’s primary focus is on films. How the amended regulations will be applied to content on OTT platforms remains unclear.
This ambiguity could create uncertainty for OTT content creators.

Way forward
Recommendation Examples
Clear Content Classification Guide- Define parameters such as the context of violence, nudity, and language.
lines
Incorporate Diverse Representation Advisory panels including filmmakers, artists, and child psychologists can offer
insights on the impact of content on minors.
Establish Clear Timelines and Pro- Detailed explanations for film ratings can be published to ensure transparency in
cedures the certification process.
Independent Body for Appeals An independent review body can provide a fair platform for filmmakers to appeal
against CBFC decisions.

Cooperatives
The International Cooperative Alliance (ICA) defines a cooperative as an autonomous association of persons united voluntarily to
meet their common economic, social, and cultural needs and aspirations through a jointly owned and democratically controlled enter-
prise.

India hosts 8.55 lakh out of 30 lakh cooperative societies in the world and about 13 crore people are directly associated with them
and 91% of villages in India have some form of cooperatives working in them.

Constitutional and Legal Framework

Provision Details
97th Amendment Act Introduced Part IXB “The Co-operative Societies” into the Indian Constitution, establishing a
(2011) constitutional framework for cooperative societies.
Article 19(1)(c) Right to form cooperatives within the fundamental rights guaranteed to citizens, ensuring the
freedom to establish cooperative societies.
Article 43B Directs the state to promote the voluntary formation and democratic functioning of coopera-
tives, encouraging cooperative movement as a state policy.
Multi-State Cooper- Governs the formation, registration, operation, and winding up of multi-state cooperative soci-
ative Societies Act eties operating in more than one state.
(2002)

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Entry 32 of State List Regulates the cooperative societies with objects confined to one state, allowing state govern-
ments to legislate on local cooperative societies.
Ministry of Coopera- Established to promote and support cooperative societies across the country, aimed at
tives (2021) strengthening the cooperative movement and ensuring better governance.
Supreme Court Judge- Struck down some provisions of the 97th Amendment Act, 2011, holding that Part IXB would
ment (2021) not apply to local cooperative societies as the amendment was not ratified by half of the
states. It remains applicable to multi-state cooperative societies and those within Union terri-
tories​.

Basic Principles

Significance of cooperatives:
Benefit Details Examples

Access to Credit Credit cooperatives provide access to NABARD provides loans to farmers at lower
credit and financial services for rural interest rates compared to private lenders​​.
communities, reducing dependence on
moneylenders.
Better Prices for Pro- Marketing cooperatives help farmers by- Amul empowers milk producers by ensuring
duce pass middlemen and get better prices for fair prices for their milk​​.
their produce.
Providing Essential Cooperatives provide essential inputs like IFFCO is a leading producer and supplier of
Inputs seeds, fertilizers, and equipment to farm- fertilizers to farmers​.
ers at reasonable prices, streamlining the
agricultural supply chain.

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Investment in Storage Cooperatives invest in storage facilities NAFED helps farmers store and sell their pro-
Facilities and processing units, minimizing post-har- duce efficiently​​.
vest losses and adding value to agricultur-
al produce.
Creating Employment Cooperatives create employment opportu- SEWA empowers women artisans and provides
Opportunities nities and contribute to rural livelihoods. them with a platform to sell their products​​.

Promoting Social Inclu- Cooperatives promote social inclusion by TRIFED helps tribal communities market their
sion integrating marginalized communities like produce and handicrafts​​.
small farmers and women into the eco-
nomic mainstream.

Issues faced by Cooperatives

Challenge Details Examples

Excessive Govern- Government interference can stifle deci- Imposed limitations on borrowing, transactions
ment Oversight sion-making and innovation within coopera- with non-members, and investment of funds.
tives.
Regional Imbalance Cooperatives in northeastern and eastern Cooperatives in northeastern and eastern
and Limited Scale regions lag behind those in western and India lag behind in development.
southern parts. Small size and single-pur-
pose societies constrain growth.
Lack of Professional Inefficiencies and financial mismanagement Mismanagement in some cooperatives, such
Management Skills due to lack of expertise , leading to bad as sugar cooperatives in Maharashtra, has led
debts. to financial difficulties​

Inadequate Capital Struggle to access adequate capital for Small farmers’ cooperative unable to invest in
Access growth and development, especially in rural modern storage facilities due to lack of funds.
areas.
Low Member Partici- Disconnect between society’s management
pation and the needs of its members due to low
participation.
Competition from Rise of private players poses challenges for Reliance Fresh, Big Basket threatens local
Private Players cooperatives, especially if they struggle to cooperatives supplying fresh vegetables.
adapt and innovate.
Limited Use of Tech- Hinders efficiency and outreach due to reli- Weavers’ cooperative society struggling to
nology ance on traditional methods. reach a wider customer base without modern
marketing methods.

Multi-State Co-operative Societies (Amendment) Bill, 2022

Provisions
Provision Details
Co-operative Election Author- Establishes the Co-operative Election Authority to conduct and supervise elections to
ity the boards of multi-state co-operative societies.
Government Permission for Requires prior permission from government authorities before the redemption of share-
Share Redemption holding by central or state government.
Rehabilitation, Reconstruction Establishes a fund for the revival of sick multi-state co-operative societies, financed by
and Development Fund contributions from profitable societies.
Merger of State Co-operative Allows state co-operative societies to merge into an existing multi-state co-operative
Societies society, subject to state laws.

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Redressal of Complaints Appoints Co-operative Ombudsman to address complaints from members regarding
deposits, benefits, or individual rights, with appeals to the Central Registrar.

Applicability to Cooperative MSCS Act applies to operational issues except for banking functions.
Banks

Benefits
1. The 97th Constitution Amendment Act of 2011 required revisions to the MSCS Act following the inclusion of Part IXB.
2. Enhanced Governance: Establishment of independent audit committees (Section 70A) to oversee financial reporting and
ensure accountability.
3. Facilitated Operations: Simplification of registration procedures for multi-state cooperative societies, provision of clear guide-
lines for the conduct of elections and meetings, streamlining decision-making processes.
4. Greater Digitization - The Bill facilitates electronic submission and issuance of documents, thereby fostering a comprehensive
digital ecosystem.

Issues
1. Sick multi-state co-operative societies will be revived by a Fund that will be financed through contributions by profitable multi-
state co-operative societies. This effectively imposes a cost on well-functioning societies.

2. Giving the government the power to restrict redemption of its shareholding in multi-state co-operative societies may go against
the co-operative principles of autonomy and independence.

Way forward
Recommendation Details
Professional Training Pro- Enhance management skills through specialized training programs. NCUI can collabo-
grams rate with management institutes.
Review and Update Laws The Multi-State Cooperative Societies Act, 2002, could be amended to incorporate
provisions for promoting technological adoption.
Reduce Government Interfer- Streamline approval processes for restructuring financially stressed cooperatives.
ence
Facilitate Access to Credit NABARD could launch special credit lines for rural cooperatives.

Committee Primary Contributions

Task Force on Revival of Cooperative Focused on the revival of short-term rural cooperative credit structure, recom-
Credit Institutions (Vaidyanathan mending financial restructuring and governance reforms.
Committee) 2004
High-Powered Committee on Coop- Emphasized the need for professional management and member participation
eratives (Chaudhary Brahm Prakash in cooperative societies.
Committee) 1990

The government has constituted a National level committee under the chairmanship of Shri Suresh Prabhu, to formulate New Coop-
erative Policy to realize the vision of ‹Sahakar se Samriddhi›.

Right Against Self-Incrimination

1. It is a legal principle that protects individuals from being forced to testimony that could be used to incriminate them in a crim-
inal case. It means one can’t be compelled to be a witness against oneself.
2. Article 20(3)- “No person accused of any offense shall be compelled to be a witness against himself.”

3. The Criminal Procedure (Identification) Act, 2022 allows collection of certain identifiable information like Palm-print
impressions, Iris and retina scans, Behavioral attributes such as signature and handwriting, Other physical and biological
samples such as blood, semen, hair samples, and swabs etc from specified persons (such as convicts) for investigation of
crime.

4. The CrPC was amended in 2005 to allow the magistrate to order any person to give their handwriting samples for the
purpose of an investigation or proceeding.

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Need for right against self-incrimination

Need Details
Preventing Coerced Confes- It prevents coerced confessions from being used as evidence, protecting the
sions innocent from false accusations.
Ensuring Fairness in Investiga- Allows individuals to remain silent and avoid unknowingly jeopardizing their case,
tions ensuring fairness in investigations.
Ensuring Due Process It is part of the larger concept of due process, which ensures everyone is treated
fairly within the legal system.

SC Judgments
Case Details

Ritesh Sinha v. State of The Supreme Court held that handwriting samples could include voice samples.
UP
Ram Singh vs. Union of Addressed the issue of the admissibility of statements made during a narco-analysis test.
India (2013) The SC reiterated that compelling an accused to undergo such tests violates the right
against self-incrimination.

Way forward
1. Ensuring clear and consistent communication of Miranda rights during an arrest can help suspects understand their right to
remain silent.
2. Utilizing plea bargains or pre-trial diversion programs can incentivize cooperation from suspects without compromising their
right to remain silent at trial.
3. Investing in advancements like better forensic techniques and data analysis can help gather stronger evidence independent
of confessions.

Preventive Detention 
It refers to detaining individuals by authorities without trial or formal charges, to prevent them from engaging in activities perceived as
harmful to public order, security, or safety.

Its aim is not to punish an individual for a previous offense but to deter them from committing a potential offense in the near future.

Constitutional Provisions
Provision/Significance Details

Article 22(4) Provides for the detention of a person, the period of detention, and the Advisory Board to
determine the period of detention.
Article 22(5) Requires authorities to communicate the grounds of arrest to the detainee.
Article 22(6) Allows authorities to withhold facts considered to be against public interest from the detain-
ee.
Article 22(7) Parliament can legislate on the period of detention, circumstances of detention, class of cases
to be detained for more than 3 months, and procedures of the Advisory Board.

44th Amendment Act of Reduced the duration of detention without the advisory board’s opinion from three months to
1978 two, though it has not been implemented.
Grounds for Preventive Preventive detention can be based on security of the state, maintenance of public order, es-
Detention sential services, defense, and foreign affairs with the security of India.

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Legal Provisions
Both the Parliament and state legislatures have the authority to enact laws on preventive detention simultaneously, concerning
matters related to state security, public order maintenance, and the preservation of essential community supplies and services.

The COFEPOSA Act, 1974 Introduced preventive detention measures to uphold and enhance foreign exchange
reserves, as well as to discourage illicit trading practices.

The National Security Act, 1980 Allows for administrative detention for a maximum duration of one year.
TADA (Terrorist and Disruptive Ac- It establish that preventive detention is deemed necessary to deter and effectively
tivities (Prevention) Act), 1985 combat terrorism and violent acts, based on past experiences

Difference between Preventive and Punitive detention

Preventive detention Punitive detention
It occurs when an individual is detained by the police solely It refers to detention as a penalty for a criminal offense. It occurs
on the suspicion that they may engage in criminal activity following the commission of an offense or an attempt to commit
or pose a threat to society. a crime.
It is without trial and conviction by the court. It is done after trial and conviction by the court.
It aims to prevent a person from committing a crime in the It aims to punish a person for the crime committed by him.
future.
It’s a precautionary measure based on suspicion. It is a punitive and deterrent measure based the actual commitment
of crime.
A detainee is deprived of various rights like the right of All rights are available to the detainee.
personal liberty, the right to be produced before a magistrate
within 24 hrs of arrest, right to be released after 24 hrs
unless magistrate allows further detention.

Need
Significance Details Examples
Countering National Prevents terrorism, espionage, and insurgency by Preventive detention under UAPA.
Security Threats detaining individuals under laws like UAPA.
Risk of Public Disor- Prevents unrest during civil disturbances, commu- Detention of separatist leaders after abroga-
der nal tensions, or political instability. tion of Article 370.
Preventing Organized Disrupts criminal enterprises by detaining key indi- MCOCA provisions.
Crime viduals involved in drug trafficking, extortion, and
organized violence.
Preventing Flight of Ensures individuals awaiting trial or deportation re- Detaining individuals awaiting trial.
Offenders main available for legal proceedings by preventing
them from absconding.
Deterring Repeat Prevents habitual offenders from committing fur- In 2020, Uttar Pradesh police detained repeat
Offenders ther crimes by detaining them preemptively. offenders under the Goondas Act​

Maintaining Public Detention during large public gatherings to prevent During the 2020 Delhi riots, preventive deten-
Order riots. tion was used to maintain order

Issues
1. Preventive detention can infringe upon the civil liberties of individuals by depriving them of their freedom without due process
or formal charges. Eg. detaining individuals based solely on suspicion without concrete evidence may violate their right to
liberty and presumption of innocence.

2. The failure to provide clear and justifiable grounds for detention or any undue delay in doing so, undermines the legal foun-
dation of preventive detention and erodes public confidence in its application.

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3. The application of preventive detention laws to trivial matters deviates from their intended use, resulting in a
disproportionate and unjust legal system. Eg. the Use of UAPA,1967 has been widely criticized due to poor conviction rate

4. There is a risk of preventive detention being misused by authorities for political purposes or to suppress dissent. Eg. govern-
ments may use preventive detention to silence political opponents or activists critical of their policies, as seen in authoritarian
regimes.

5. Preventive detention lack sufficient judicial oversight, leading to prolonged detention without adequate review resulting in in-
dividuals being held in custody for extended periods without the opportunity to challenge the legality of their detention in court.

6. The executive’s constant disregard for procedural safeguards renders preventive detention ineffective. While technical flaws
lead to overturned detentions, the relief comes far too late for detainees who have already lost months of freedom.

SC Judgments
Judgment Details

A.K. Gopalan vs This case upheld the constitutionality of preventive detention under the Preventive Detention Act,
State of Madras 1950, stating that Article 21’s due process clause does not apply to preventive detention laws.
(1950)

ADM Jabalpur vs Commonly known as the Habeas Corpus case, where the majority ruled that during an emergency,
Shivkant Shukla the right to life and personal liberty can be suspended, and no person can challenge their detention in
(1976) court.

State of Maha- The Supreme Court upheld the legality of preventive detention under the Maharashtra Prevention of
rashtra vs Bhaurao Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, and Dangerous Persons Act, 1981,
Punjabrao Gawande provided it follows due process.
(2008)
Arup Bhuyan vs The Supreme Court held that mere membership in a banned organization is not sufficient ground for
State of Assam preventive detention unless there is incitement to violence.
(2011)

Way Forward
1. The National Commission to review the working of the constitution recommended fixing a maximum period for detention of
6 months. It also recommended that members of the Advisory Board should be serving HC judges.

2. The SC in judgment in 2022 presented a view that it is an exceptional power of the state and as it affects the liberty of an
individual, it should be used sparingly.

3. To safeguard individual liberty, preventive detention procedures must be followed meticulously, with any misstep automati-
cally benefiting the detainee.

4. To safeguard individual liberty, preventive detention should be reserved for the most exceptional circumstances involving
grave threats to public order, necessitating a thorough legal review.

5. Increase transparency and accountability in the use of preventive detention by requiring authorities to publicly justify each
case of detention and provide regular reports on the number of individuals detained, the reasons for detention, and the duration
of detention.

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Freedom Against Exploitation 

Article Details Reasonable Restrictions

Article Prohibits traffic in human beings, Article 23(2) Allows the state to impose compulsory service for
23(1) begar (forced labor), and other simi- public purposes, such as conscription or community service, with-
lar forms of forced labor. out any discrimination on grounds only of religion, race, caste, or
class or any of them.
Article 24 Prohibits the employment of chil-
dren below the age of 14 years in
any factory, mine, or other hazard-
ous employment.

Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act,1989 
1. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is aimed at preventing violence and
discrimination against marginalized communities.

2. The act finds its basis in Article 15 (prohibits discrimination based on caste) and Article 17 (abolishes the practice of
untouchability)

3. NCRB Report - 57,582 cases registered for committing crimes against Scheduled Castes (SCs) in 2022 - an increase of
13.1% over 2021 (50,900 cases). While a total of 10,064 cases were registered for committing crimes against Scheduled
Tribes (STs), showing an increase of 14.3% over 2021 (8,802 cases)

Key provisions of the act:

Specific Provisions Details Significance
Section 3(1) Specifies offenses punishable under the Act, Recognition of Human Dignity
such as forcing a member of SC/ST to drink or
eat inedible substances, wrongful occupation of
land, or malicious prosecution.
Section 14 Mandates the establishment of Special Courts Speedy Justice
to try offenses under the Act and appoints
exclusive Special Public Prosecutors to conduct
cases in these courts.
Relief and Rehabili- Ensures provision of immediate relief in cash or Immediate financial assistance and
tation kind, including medical expenses, legal aid, and medical care for victims.
employment opportunities to victims and their
families.
Mandatory FIR Regis- Mandates police officers to register an FIR upon Deterrence
tration receiving a complaint of an offense under the
Act without any preliminary inquiry.
Appointment of Nodal Requires the appointment of nodal officers at Monitoring and Accountability
Officers the state and district levels to coordinate imple-
mentation and monitoring of the Act.

The SC/ST Prevention of Atrocities (Amendment) Act, 2015

1. It expanded the scope by including acts like assault, grievous hurt, or criminal intimidation will be treated more seriously if
committed against members of these communities.

2. Provision for the establishment of exclusive special courts and special public prosecutors to try offenses

3. The definition of “public servant” is broadened to include anyone acting in an official capacity under the Central or State
Government.

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4. Defined the term ‘wilful negligence’ in the context of public servants at all levels, starting from the registration of the
complaint to dereliction of duty under this Act.
In The Dr. S K Mahajan vs. the State of Maharashtra judgment, 2018, SC provided guidelines to prevent misuse of the act.

1. Anticipatory bail can be granted if there’s no prima facie case or the complaint appears frivolous after judicial scrutiny..

2. It provided for preliminary inquiry in all cases before filing an FIR.

The government amended the act to refine and streamline the implementation after changes made by the SC judgment.

1. Section 18A: It eliminates the mandatory requirement for a preliminary inquiry before registering an FIR (First Information
Report) for alleged offenses against SC/STs. It also removes the need for approval for arrest from a senior police officer in such
cases.

2. It removed the applicability of Section 438 of CrPC, which allows anticipatory bail, for cases registered under the SC/ST Act.
In the Prathvi Raj Chauhan case, 2020, the SC upheld the validity of section 18A with a caveat that pre-arrest bail or anticipatory bail
can only be given in extraordinary cases.

Issues with the Act:

Issue Details
False Allegations leading to harassment of the accused and diluting the seriousness of genuine cases. Eg- A 2018
case in Gujarat involved a tribal man falsely accusing upper caste members to settle a personal
dispute.
Court Delays Overburdened courts lead to delays, discouraging victims and emboldening perpetrators. Proving
intent beyond caste is difficult, resulting in low conviction rates.
Social Pressure on SC/ST victims often face social pressure to withdraw cases or refrain from filing them due to living
Victims in close-knit communities.
Lack of Awareness Lack of awareness about the Act’s provisions among both SC/ST communities and law enforce-
ment officials.
Increase in Crimes In 2022, there were 57,582 cases of crimes against SCs, a 13.1% increase from 2021, and 10,064
Against SC/STs cases against STs, a 14.3% increase​.
Misuse Leading Conviction rates for crimes against SCs and STs remain low, with an average of 28.8% for SCs and
to Low Conviction 25.2% for STs from 2007-2016​​.
Rates

Reasons for Rise of Crimes against Dalits and Tribals

Issue Details Examples
Caste-based Discrimi- The caste system perpetuates a hierarchical In 2021, a Dalit groom in Uttar Pradesh’s Jaunpur
nation social order resulting in social exclusion, district was forced to wear a helmet and carry a
marginalization, and denial of basic rights rope instead of a wedding turban and sword due
and opportunities. to his lower-caste status.
Land Disputes Conflicts over land ownership, land grabbing The Niyamgiri Hills dispute in Odisha
by dominant caste groups or industries, and
inadequate implementation of land reforms

Economic Exploitation Exploitative economic practices, such as Instances of bonded labor in granite quarries
bonded labor, wage discrimination, and unfair
working conditions.
Ineffective Implementa- Weak enforcement mechanisms, corruption, In 2021, NCRB reported significant underreport-
tion of Laws and institutional bias often result in impunity ing of cases under the Scheduled Castes and the
for perpetrators of atrocities. Scheduled Tribes (Prevention of Atrocities) Act.

Cultural and Religious Traditional beliefs, superstitions, and reli- Cow vigilantism
Factors gious practices that dehumanize or stigma-
tize marginalized groups contribute to the
normalization of violence and discrimination.

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SC Judgments
Case Details

Lalitha Kumari vs Sets guidelines for investigating offenses under the Act, emphasizing the importance of collect-
State of UP (2011) ing proper evidence and protecting victim identity.
State of Rajasthan v. Directed state governments to expedite the process of providing monetary relief to victims and
Union of India (2021) their families as mandated by the Act.

Way forward
1. Establish special courts to handle complaints of misuse of the Act. This would provide a quicker resolution for falsely
accused individuals and deter frivolous complaints. Also, increase the penalties for proven false complaints to discourage
misuse.

2. Form dedicated SITs with well-trained officers to investigate cases under the Act to ensure faster and more efficient
investigations.

3. An established Standard Operating Procedure (SoP) is essential for case filing and investigation to ensure clarity and
consistency, minimizing any ambiguity or uncertainty among investigators regarding the prescribed protocol. Eg. The MoHA
releases advisories emphasizing sensitive investigation and speedy trials in SC/ST Act cases

4. Mandate regular sensitization training for police officers on the Act and handling caste-related crimes. This can help
overcome potential biases and ensure sensitive investigations.

5. Organize workshops and awareness campaigns with the help of NGOs in villages and tribal areas to educate communities
about the Act and the legal recourse available.

6. Provide witness protection schemes and confidential reporting mechanisms to empower victims to come forward and
report crimes without fear.

Child Labour 
As per ILO, child labour is defined as work that deprives children of their childhood, their potential, and their dignity, and that is harm-
ful to physical and mental development.

The Right of Children to Free and Compulsory Education Act 2009 defines a ‘child’ as a male or female aged six to 14 years.

The Juvenile Justice (Care and Protection of Children) Act 2015, defines a ‘child’ as a person who has not completed 18 years of age.

Data on child labour

Details Information

Number of child labourers - 2011 Census 10.1 million children working as ‘main worker’ or ‘marginal worker’

Children not in education - 2011 Census More than 42.7 million

Projected number of child labourers in 2023 - 7.8 million
Kailash Satyarthi Foundation report

Gender ratio of child labourers in 2023 - Kailash 57% male, 43% female
Satyarthi Foundation report
Major states employing child labour Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh, Maharashtra

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Causes of child labour

Driver Details

Poverty A 2018 CRY report found that 80% of child labourers in India come from poor families
where the monthly income is less than ₹5000.
Limited Access to Edu- A report by the National Sample Survey Organisation (NSSO) found that over 36% of child
cation labourers (aged 5-14) had never attended school.
Weak Implementation of The ILO report acknowledges India’s legal framework against child labour, but emphasizes
Laws the need for stronger enforcement mechanisms.
Cultural Acceptance A study by Save the Children mentions instances where child labour is seen as a way to
inculcate work ethic in children from a young age.
Industry Demand for Certain industries may prioritize low-cost labour, creating a market for child workers. Eg-
Cheap Labour garment industry
Informal Economy The informal nature of the economy and illegal activities make it difficult to deal with child
labour. Eg- Rat hole mining in Meghalaya

Constitutional provisions related to child labour

Article Details and Examples
Article 23 Prohibits human trafficking and forced labour.

Article 24 Prohibits the employment of children below 14 years of age in factories, mines, or any other hazardous
employment.

Article 39(e) This Directive Principle of State Policy (DPSP) outlines the state’s responsibility to ensure the protection
& (f) of children and youth from exploitation and abandonment, and that the health and strength of workers,
including children, are not abused.

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Government initiatives
Act/Policy/Initiative Details and Examples
Child Labour (Prohibition and Prohibits child labour in hazardous occupations and regulates working conditions in
Regulation) Act, 1986 others. The 2016 Amendment banned child labour below 14 years old.

Right to Education Act, 2009 Guarantees free and compulsory education to all children aged 6-14, aiming to reduce
child labour by keeping children in school.
National Policy on Child Labour Emphasizes three pillars: Legal Action Plan, General Development Programmes, and
(1987) Project-Based Plan of Action.
Bal Shramik Vidya Yojana Scholarship program providing financial incentives for children rescued from child
(BSVY) labour to complete their education.

PENCIL Portal Online portal for rescuing and rehabilitating victims of child labour.

ILO Convention 138 & 182 India has ratified these conventions, focusing on minimum age for employment and
the worst forms of child labour.

Way forward
National Commission for Protec- Recommended increase in the upper age-limit from 14 to 18 for ban on child labour.
tion of Child rights (NCPCR)
Standing Committee on Labour, 1. Housing Ministry should ensure that existing legal benefits reach construc-
Textiles and Skill Development tion workers so that their children are not forced to work. The Labour and
Home Affairs Ministries should check the functioning of placement agen-
cies, which typically traffick children to employ them in domestic labour.

2. Penalising police officers for not registering FIRs, similar to the Protection
of Children from Sexual Offences Act, 2012.

Credit avability Providing small loans to families can help them establish income-generating activi-
ties, reducing dependence on child labour. Eg. The Self-Employed Women’s Associa-
tion (SEWA) in Gujarat offers micro-loans and skills training to women.
Education Reforms Strengthening public education system by improving infrastructure, teacher
training, and curriculum and providing scholarships and free learning materials to
reduce financial barriers to education for underprivileged children.
Civil Society organisation Work with community leaders, NGOs, and religious figures to challenge traditional
beliefs and promote the importance of education. Eg. Childline India works with
communities to raise awareness and prevent child labour

SC Judgments
Case Details

People’s Union for Demo- The SC addressed the issue of child labor in various industries, including brick kilns,
cratic Rights v. Union of India bidi-making, and carpet weaving.
(1982)
M.C. Mehta vs State Of Tamil Ordered a nationwide survey to identify working children, directed their withdrawal from
Nadu And Others (1996) hazardous industries, and mandated education for rescued children. Emphasized the
state’s responsibility to eliminate child labor.
Bachpan Bachao Andolan vs The Supreme Court issued guidelines to prevent and eliminate child labor, emphasizing
Union Of India & Ors (2011) the importance of rehabilitation and social integration of rescued child laborers.

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Freedom of Religion 
Here is a summary of the rights under Articles 25, 26, 27, and 28 of the Indian Constitution and the reasonable restrictions on each
provision, with specific examples where applicable:

Article Details Reasonable Restrictions

Article All persons are equally entitled to freedom of conscience and Subject to public order, morality, health,
25(1) the right to freely profess, practice, and propagate religion. and other provisions of Part III of the
Constitution. The state can regulate or
restrict any economic, financial, politi-
cal, or other secular activity associated
with religious practice.
Article Allows the state to make laws regulating or restricting any eco- The state can ensure social welfare and
25(2) nomic, financial, political, or other secular activities associated reform or open Hindu religious insti-
with religious practices. tutions to all classes and sections of
Hindus.
Article 26 Every religious denomination or any section thereof has the Subject to public order, morality, and
right to establish and maintain institutions for religious and health.
charitable purposes, manage its own affairs in matters of
religion, own and acquire movable and immovable property, and
administer such property in accordance with law.
Article 27 No person shall be compelled to pay any taxes, the proceeds
of which are specifically appropriated in payment of expenses
for the promotion or maintenance of any particular religion or
religious denomination.

Article No religious instruction shall be provided in any educational

28(1) institution wholly maintained out of state funds.

Article Religious instruction is allowed in educational institutions rec-

28(2) ognized by the state or receiving aid from the state, but atten-
dance at such religious instruction or worship is voluntary.

Article Educational institutions administered by religious groups can

28(3) provide religious instruction, but no student can be compelled
to attend without the consent of the guardian.

State Regulation of Temples

Constitutional provisions
1. Article 25(2)(a): empowers the state to regulate economic, financial, political or other secular activities which may be associ-
ated with religious practice.

2. Article 25(2)(b): empower the state to provide for social welfare and reform or the throwing open of Hindu religious institutions
of a public character to all classes and sections of Hindus.

Need for state regulation of temples

1. Without oversight, temple funds, and property can be misused by corrupt officials or hereditary trustees. In 1960, Dr C P R
Aiyar Commission suggested that government control over temples was essential to prevent maladministration.

2. Historically, some temples practiced exclusion based on caste or gender. State regulation can promote inclusivity and ensure
all citizens have equal access to temples, as enshrined in the Constitution.

3. It can promote social reforms in the religious sphere by eradicating discriminatory practices and upholding constitutional
values of equality, liberty, etc. Eg. In Kerala, Tamilnadu state has appointed woman odhuvar (singer of hymns) and persons from
backward classes as archakas (priests).

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4. State regulation can help in conservation and maintenance of ancient monuments with historical and artistic significance
through the Archaeological Survey of India (ASI).

5. Regulations can promote transparency in temple administration. Devotees have a right to know how temple funds are being
used and ensure their offerings are being directed towards religious activities.

Issues with state regulation of temples

Criticism Details
Opaque Government Government bodies overseeing temples can become opaque, with bureaucracy and red tape slow-
Bodies ing down decision-making and obscuring the flow of funds.

Allegations of inefficiency and corruption within government-appointed temple management com-

mittees in states like Tamil Nadu .

Restriction of Tradi- Strict regulations restrict traditional practices or rituals considered essential by some devotees,
tional Practices seen as an intrusion into religious matters.

Violation of Secularism Article 25(2)(a) and Article 25(2)(b) protections are occasionally exploited by the state to control
properties owned by religious institutions.

Comparison with Waqf Comparing control over Hindu religious endowments with the Waqf Act is deceptive, as the Waqf
Act Act applies solely to charitable purposes and explicitly excludes places of worship.
Encroachment on Reli- In the Shirur Mutt case, the Supreme Court invalidated a significant portion of the Hindu Religious
gious Freedom and Charitable Endowments Act of 1951, stating that the provisions represent a severe encroach-
ment on religious freedom. It emphasized the need to protect religious autonomy from excessive
state interference.
Cultural and Regional State regulations might struggle to accommodate the vast cultural and religious variations across
Variations different regions of India, with a “one-size-fits-all” approach being unsuitable for all temples.

SC Judgments
Case Details
Shirur Mutt case (1954) Established the principle that religious institutions have the right to manage their own
affairs, but the state can enact reasonable regulations to ensure proper administration.
T.T. Devasthanam Board vs. K.A. Ruled that the state cannot interfere with the essential religious practices of a temple,
Shankaran Namboodhiri (1995) but it can regulate procedures for religious appointments.
Guruswamy Muthu Adigalar vs. Declared hereditary rights in temple management as invalid, paving the way for a more
State of Tamil Nadu (2014) democratic and transparent selection process for temple trustees.
Chitai Golu Devta Temple case Clarified that state-constituted committees can manage non-religious aspects of a
(2022) temple, while religious practices remain under the temple’s authority.

Way forward
Recommendation Details
Online Transparency to disclose their income, expenditure, and ongoing projects, fostering transparency for devo-
Platforms tees.
Regular Independent by independent bodies to ensure proper accounting and prevent misuse of funds.
Audits
Temple Advisory Com- with representation from local communities and religious authorities to advise on manage-
mittees ment decisions while respecting traditions. Eg- Temple management committee in Tuljapur
temple, Maharashtra.
Heritage Management These plans should balance preservation needs with the continuation of living traditions.
Plans

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Anti-Conversion Laws 
Anti-conversion laws are the legislations that restrict or prohibit individuals from converting from one religion to another. In India,
more than 10 states have anti-conversion laws.

Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion. However, government can regulate
religious activities if they disrupt public order, violate moral principles, or pose a health risk.

Need for Anti-conversion Laws

Justification Details
Preventing Forceful These laws aim to prevent physical and mental coercion for religious conversions.
Conversions
In Yulitha Hyde v. the State of Odisha, the Odisha HC recognized the need to prevent forceful
conversions.

Regulation by the Religious conversion is not a fundamental right under Article 25 and can be regulated by the
State state.

In Rev. Stanislaus vs State of Madhya Pradesh (1977), the SC upheld the state’s authority to
regulate conversions.
Maintaining Social These laws are seen as a way to maintain social stability by preventing rapid religious changes
Cohesion that could lead to tensions.
Preventing Fraudu- Reports of individuals being coerced into converting to another religion after marriage have
lent Marriages sparked the need for anti-conversion laws.
Protecting Vulnera- These laws aim to protect vulnerable communities like tribals from exploitation and coercion.
ble Communities
Preventing Foreign These laws prevent foreign-funded NGOs from converting people through financial aid.
Influence
Balancing Funda- Ensures a balance between the right to religious freedom and other fundamental rights like the
mental Rights right to equality and non-discrimination.

Issues with Anti-conversion laws

Criticism Details
Restriction on Individual Rights These laws restrict an individual’s right to choose their faith, a fundamental right guar-
anteed by the Indian Constitution. Eg- love jihad accusations
Misuse Against Religious Mi- Critics argue these laws are often misused to harass religious minorities. Accusations
norities of forced conversions can be used to intimidate them.
Unclear Definitions The laws are criticized for having unclear definitions of “forceful conversion” or
“allurement,” allowing for misuse and targeting interfaith marriages or social service
initiatives.
Violation of Privacy These laws can require individuals to report conversions, violating their right to priva-
cy and freedom of conscience.
Impact on Women’s Rights Women, particularly from minority communities, can be disproportionately targeted,
facing increased scrutiny and restrictions on their personal choices.
Burden on Judiciary The vague nature of these laws leads to numerous legal challenges, overburdening the
judiciary with cases that are often difficult to prove.

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SC Judgments
Case Details
S. Pushpabai vs. C.T. The SC affirmed that individuals have the right to convert to another religion, provided the
Selvaraj conversion is genuine and voluntary.
Sarla Mudgal v. Union The SC laid down specific guidelines against the conversion of religion to obtain a license to
of India commit bigamy.
Lata Singh vs. State Of The SC upheld the right of individuals to marry a person of their choice, irrespective of religion,
U.P. & Another caste, or social status. It declared any interference in this right by the state or others as a viola-
tion of the freedom of choice.

Way forward
Recommendation Details
Clearly Define Terms Clearly define terms like “forceful conversion” and “allurement” in the law to reduce
ambiguity and prevent accusations based on personal biases.
Model Law for Uniformity As conversions fall under the state list, the Centre can bring a model law for states
to emulate, ensuring uniformity in handling conversions.
Independent Investigation Bodies To reduce false cases and misuse, shift the burden of proof from the accused to the
accuser.
Public Awareness Campaigns Promote public awareness campaigns that differentiate between forced conversion
and free choice.
Encourage Interfaith Dialogue to foster tolerance and reduce anxieties about conversions.

Essential Religious Practices 

Essential Religious Practices (ERPs) refer to rituals, customs, or beliefs that are considered fundamental and core to a particular
religion. These practices are so vital that their absence would fundamentally change the religion itself.

The SC devised the doctrine of essentiality in the Shirur Mutt case (1954). Also, the court assumed the authority to define what
constitutes essential practices within a religion.

Need for ERP

Justification Details Examples
Balancing Religious ERPs help courts balance religious A religious group practices animal sacrifice; the
Freedom and Public practices with other laws or public ERP test weighs this against animal welfare laws.
Order order.
Safeguarding Core Reli- ERPs protect practices central to a re- The Hijab wearing case in Kerala
gious Practices ligion’s identity, preventing the religion
from being compromised.
Ensuring Balance ERPs help balance fundamental rights, In the Sabarimala case, the Court balanced the
Between Fundamental ensuring no right is disproportionately right to equality with the right to freedom of reli-
Rights affected. gion.
Promoting Constitu- ERPs help ensure the rule of law, Striking down Section 377 to decriminalize homo-
tional Morality promoting constitutional morality over sexuality
religious morality.
Preventing Discrimina- ERPs prevent discrimination against Protection of the ritual practices of tribal commu-
tion religious minorities by protecting their nities
unique practices.

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Preserving Religious ERPs preserve the diverse religious Recognizing the right of Sikhs to carry a kirpan as
Diversity fabric of the country by acknowledg- an essential practice.
ing and protecting different practices.

Preventing Social Ten- Proper recognition of ERPs can Addressing the practice of Jallikattu in Tamil Nadu
sions prevent social tensions and conflicts by balancing animal rights and cultural traditions.
related to religious practices.

Issues with ERP

Challenge Details Examples
Lack of Clear Definition No clear-cut definition of what constitutes Varied judgments in Sabarimala Temple
an ERP; courts rely on religious texts, expert Entry case (2018) and Hijab case (2016).
testimony, and historical practices, which can
be subjective and prone to bias.
Judicial Overreach The essentiality/integrality doctrine grants Critics argue the Sabarimala judgment
judges the authority to adjudicate religious was judicial overreach into religious
matters, pushing courts into realms outside matters.
their expertise.
Religious Diversity Religions are not monolithic; there are signifi- Differences in Hindu worship practices
cant variations in practices within a single faith. across regions; variations in Islamic prac-
The ERP test might impose a singular definition tices among different sects.
of essential practices.
Marginalization of Mi- The focus on established or dominant practices Tribal rituals involving animal sacrifice in
nority Practices within a religion could marginalize the beliefs Jharkhand not recognized as ERPs under
and practices of minority groups within that Hinduism.
faith.

SC Judgments
Case Details
Commissioner, H.R.E. Board v. Swami The court ruled that the right to manage a religious institution included the
Lakshmindrathaswamiar (1964) right to perform its essential practices.
Amna Bint Basheer v Central Board of The Kerala High Court held that wearing a hijab constitutes an essential reli-
Secondary Education (2016) gious practice but did not quash the dress code prescribed by CBSE.
Sabarimala Temple Entry Case (2018) The court acknowledged the temple’s right to manage its affairs but ruled that
the practice of excluding women was discriminatory and not an essential part
of the religion.

Way forward
Recommendation Details
Clear and Objective Guidelines Develop guidelines within legal frameworks to help courts assess claims of essentiality,
considering historical practices, religious texts, and expert consultations.

Diverse Expert Panels Ensure expert panels advising courts include representatives from diverse sects and
schools of thought within a religion, promoting a holistic understanding of practices.
Critical Examination of Harmful While respecting religious freedom, courts should critically examine claims of essenti-
Practices ality for practices that violate fundamental rights or human dignity, like Female Genital
Mutilation.

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Places of Worship Act, 1991 

1. It is aimed at maintaining the religious character of places of worship as they were on August 15, 1947. The Ram
Janmabhoomi-Babri Masjid dispute was exempted from the Act.

Key provisions
Section Details
Section 3 Freezes the status quo of religious places of worship as it existed on August 15, 1947, prohibiting any
alterations to their religious character.
Section 5 Excludes the Ram Janma Bhumi Babri Masjid dispute from its application and provides exemptions
for:
Places designated as ancient and historical monuments under the Ancient Monuments and Archaeo-
logical Sites and Remains Act, 1958
Lawsuits conclusively resolved or disposed of

Disputes settled by mutual agreement or conversions through acquiescence before the Act’s com-
mencement
Section 6 Stipulates a penalty of imprisonment for up to three years along with a fine for any violation of its
provisions.

Issues with the Act

Criticism Details
Against Federalism The central government lacks authority to enact legislation on “pilgrimages” or “burial
grounds,” as these fall within the state list.
Undermines Secularism Critics argue it undermines India’s secular character by privileging the status quo of religious
places as of a specific date.
Contravenes Legal Violates “ubi jus ibi remedium” (where there is a right, there is a remedy), undermining justice
Principle and the Rule of Law under Article 14.
Freezing Historical Freezing the religious character as of August 15, 1947, perpetuates historical grievances and
Grievances prevents the resolution of long-standing disputes.
Violation of Right to Some view it as infringing on the right to worship by prohibiting changes to religious places,
Worship even if desired by the worshiping community.
Exclusions and Excep- Exemptions for historical monuments or ancient sites are seen as arbitrary and may lead to
tions inconsistencies in the law’s application.
Prevention of Dispute Prohibiting legal proceedings to alter the religious character of places may prevent the resolu-
Resolution tion of disputes through legal means, leading to unresolved conflicts.

Way forward
1. Shift the focus from the 1947 date to the intent behind a conversion. If a site was demonstrably taken over through violence
or coercion, regardless of the date, it could be addressed.

2. Explore alternative mechanisms for addressing potential historical injustices related to religious sites, separate from the
Places of Worship Act. This could involve truth commissions or restitution processes.

3. Establish a National Interfaith Council to foster dialogue and understanding between different religious communities. This
can help address anxieties and find common ground on sensitive issues like religious sites.

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Rights of Minorities 
The Indian constitution doesn’t define the term Minority. However, Article 29( the word “minorities”, generally means a minority or a
group within a majority community), Article 30 (speaks of religious and linguistic minorities), and Articles- 350A and 350B relate to
linguistic minorities only.

Special Provisions for Linguistic Minorities: Article 350B provides for a Special Officer for Linguistic Minorities to investigate
complaints of neglect and safeguard their linguistic rights.

At present, Muslims, Christians, Sikhs, Buddhists, Parsis, and Jains are notified as minority communities at the national level.

On a global level, Parts 3 & 4 of the first article of the UN Charter along with Articles 55 & Article 65 ratified in favour of minority
rights. It recognizes FRs and freedoms for minority groups without any discrimination based on race, religion, language, etc.

Need for Minority Rights

Justification Details

Protection of Cultural Article 29 (1): Acknowledges the right of «any section of citizens” to conserve their distinct
Identity language, script, or culture. This protects the cultural heritage of minorities. Eg- Eg. the recog-
nition of Urdu as one of India’s official languages
Political Democracy Minority rights provide avenues for minority communities to participate in the political
process and have their voices heard. This ensures their interests are considered in policy
decisions.
Promotion of Educa- Article 30 (1) & (2): Grants all minorities, whether religious or linguistic, the right to establish
tional Rights and administer educational institutions of their choice. This ensures minority communities
can educate their children according to their traditions and languages. The government
cannot discriminate against these institutions when providing aid.

Safeguarding Religious Article 25: Guarantees the freedom of conscience and the right to freely profess, practice,
Freedom and propagate religion.
Ensuring Equal Oppor- Article 15(1) & (2): Prohibition of discrimination against citizens on grounds of religion, race,
tunities caste, sex, or place of birth. This ensures minorities have equal access to public spaces,
opportunities, and government services.
Maintaining Social Article 51A: Promotes harmony and the spirit of common brotherhood among all people.
Harmony
Equality and Fraternity Minority rights ensure all citizens, regardless of their religion, language, or caste, are treated
equally. This fosters a sense of belonging and reduces social tensions.

International Commit- India is a signatory to the International Covenant on Civil and Political Rights, which mandates
ments the protection of minority rights.

Issues with Minority Rights

Issue Details

Absence of a universally Presently, linguistic minorities are identified at the state level, decided by respective state
agreed-upon definition of governments, while religious minorities are determined by the Central Government.
‘minority’
Discrimination and Social In a 2019 survey by Lokniti-CSDS, 60% of Muslims reported facing discrimination in hous-
Exclusion ing.
Political Underrepresen- In the 2024 Lok Sabha elections, only 24 out of 543 members (4.5%) were Muslim, com-
tation pared to their 14% share of the population.

Educational Inequality According to the Ministry of Minority Affairs, only 4.8% of government funds for education
are allocated to minority institutions.

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Economic Disparities Minorities often experience higher rates of poverty, unemployment, and economic instabili-
ty. (The Sachar Committee Report)

As per the 2011 Census, the poverty rate among Muslims was 31%, compared to the national
average of 22%.
Language Barriers Linguistic minorities face challenges in accessing education and government services in
their language.

SC Judgments
Case Details

T.M.A. Pai Foundation v. State of Upheld the autonomy of minority institutions in administration and admissions
Karnataka (2002) while allowing state regulation to ensure educational standards.
M.A. Murthy v. State of Karnataka Affirmed the right of linguistic minorities to establish and administer education-
(2018) al institutions under Article 30(1).

Way forward
Recommendation

Ranganath Mishra Commis- Increased budgetary allocations for minority welfare programs
sion
Improved access to education and employment opportunities

Better representation of minorities in government administration and law enforcement

Proactive enforcement of existing constitutional safeguards for minorities

Stringent enforcement of Strictly apply laws against discrimination in education, employment, housing, and public
anti-discrimination laws services.
Targeted affirmative action Develop policies and schemes to reduce socio-economic disparities faced by minorities.
Eg- Prime Minister’s 15-Point Program for Minorities

Articles 32 and 226 

“Article 32 is the very soul of the Constitution and the very heart of it.” - Dr. B.R. Ambedkar

Significance
1. It provides a strong enforcement mechanism for the protection of fundamental rights in the form of a direct approach to
HCs and SC.

2. It makes seeking justice easy and direct for every citizen without any discrimination achieving the ideal of social justice. It
also empowers citizens as active participants in safeguarding their rights.

3. Checks and Balances - It protects individual liberty and privacy when infringed by legislative and executive action. Eg. An
individual can file a habeas corpus petition forcing authorities to present them before a court and justify the detention

4. Judicial Activism: where courts have proactively interpreted and enforced fundamental rights to protect the interests of
citizens. This has been crucial in addressing social injustices and advancing progressive causes.

5. Upholding the Rule of Law: They reinforce the principle that all individuals, regardless of their status or position, are subject to
the Constitution and the law.

6. It ensures accountability of the authorities by checking the constitutionality of their actions and making them responsible
to the citizens of the country. Eg. residents can file a mandamus petition directing the municipality to fulfill its legal obliga-
tion.

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7. It helps to ensure equality and non-discrimination in society by challenging discriminatory policies of the government. Eg.
If a state government denies free education to girls from a certain minority community, a writ petition can be filed to ensure
equal access to education as mandated by the Constitution

8. It fosters public confidence in the legal system. Citizens know they have recourse if their rights are violated, encouraging
them to trust the legal framework for resolving disputes.

Writs
1. Habeas Corpus: (to have the body)-It commands the custodian of the detained individual to produce them before the court
and justify the legality of the detention.

2. Mandamus: (We command)-It is issued to compel a public authority, lower court or government official to perform a legal
duty they are neglecting or refusing to fulfill. Eg. In the State of Punjab vs Ram Lubhaya Bagga, the SC directed the state
government of Punjab to regularize the services of temporary employees who had been working for a prolonged period.

3. Certiorari: (To be certified)-To quash or correct an order passed by a lower court or tribunal that is illegal, arbitrary or ex-
ceeds its jurisdiction. This writ ensures lower courts and tribunals act within their legal boundaries.

4. Prohibition: It is issued to prevent a lower court or tribunal from exceeding its jurisdiction or entertaining a matter it has no
legal authority to hear. This writ acts as a stop order to prevent an erroneous legal process.

5. Quo Warranto: (By what warrant)-It is issued to challenge the right of a person to hold a public office. This writ ensures prop-
er procedures are followed for holding public office and prevents unqualified individuals from occupying such positions. Eg. In
the Nagendranath Bora case, the SC issued a writ of quo warranto against the Commissioner of Hills Division and Appeals,
Assam, questioning his authority to hold the office.

Significance of writs
1. Preservation of Constitutional Supremacy: Writs reinforce the principle of constitutional supremacy by enabling the judiciary
to review and strike down any laws, policies, or actions that are inconsistent with the Constitution. They uphold the rule of law
and prevent the arbitrary exercise of state power.

2. Protection of Fundamental Rights: They serve as a direct mechanism for citizens to seek relief from the courts when their
fundamental rights are violated by the state or any other authority. Eg- Habeas Corpus acts as a bulwark against wrongful
imprisonment

3. Writs offer a relatively swift and effective way for individuals to seek judicial intervention. This empowers people to defend
their rights without getting bogged down in lengthy legal battles.

4. Checks and Balances: They enable the judiciary to review the actions of the government and other authorities, ensuring they
act within the bounds of the Constitution and do not infringe upon citizens’ rights. Eg- Through accountability and transparen-
cy, Mandamus bolsters the rule of law, which in turn fosters responsible governance

5. Flexibility and Adaptability: The scope and applicability of writs are not rigidly defined and can be adapted to address evolv-
ing legal and social challenges. Courts have the discretion to issue writs depending on the circumstances of each case.

6. Public Interest Litigation (PIL): Writ jurisdiction has been instrumental in facilitating public interest litigation, allowing citizens
and social activists to raise issues of general public concern and enforce collective rights. PILs have been instrumental in ad-
vancing social justice, environmental protection, and governmental accountability.

Issues
1. Although writs function as a bulwark of individual rights, they have certain restrictions, which limit their impact. Eg. Habeas
Corpus can’t be issued where detention is lawful and by a competent authority

2. The scope of certain writs is very limited which makes them ineffective in providing justice to individuals. Eg. Prohibition
can›t be issued against private bodies, administrative authorities, or legislative bodies

3. Judicial Activism - Discretionary powers of courts in deciding whether or not to issue a writ lead to inconsistent applica-
tion and make it difficult for individuals to predict the outcome of their petition.

4. Overburdened Judiciary: The sheer volume of writ petitions filed before the High Courts and the Supreme Court can over-
whelm the judiciary, leading to delays in the disposal of cases and the administration of justice. Eg- The Supreme Court of India
currently has over 60,000 pending cases,

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5. Forum Shopping: This can lead to multiple petitions being filed on the same issue in different courts, resulting in conflicting
judgments and judicial inefficiency. Eg- during the Ayodhya land dispute case, multiple petitions were filed in various courts

6. Lack of Implementation: Failure to enforce writs can undermine the credibility of the judiciary and erode public confidence in
the legal system.

7. Interference with Policy Matters: There is a delicate balance between judicial review and the separation of powers, and
excessive judicial intervention in policy matters can encroach upon the domain of the executive and legislative branches.
Eg- Supreme Court’s intervention in the cancellation of 2G spectrum licenses

Armed forces and FR 

Provisions
1. Article 33 grants Parliament the power to restrict or eliminate the fundamental rights of members within the armed forces,
paramilitary forces, police forces, intelligence agencies, and similar entities.

2. Under Article 33, only Parliament, not state legislatures, has the power to pass laws. Any law passed by Parliament cannot
be challenged in court because it violates one or more of the fundamental rights.

3. Certain specified fundamental rights, delineated in Articles 14, 15, and 19 of the Constitution, have been curtailed by the
Armed Forces.

4. Challenging the provisions of certain special acts (Army Act, Air Force Act, or Navy Act) on the grounds of violating funda-
mental rights is not permissible.

Need
1. It is intended to guarantee their effective performance of duties and the maintenance of internal discipline within these
organizations. By restricting certain fundamental rights, it aims to uphold the professionalism of the armed forces and
security agencies.

2. The armed forces and law enforcement personnel require strict discipline and obedience to maintain order and national
security. Absolute freedom of speech, association, or movement might conflict with these requirements.

3. Preventing Political Partisanship and Bias: Restrictions on political activities and expressions of partisan views help prevent
the politicization of security institutions, maintain public trust, and uphold democratic norms.

4. Intelligence agencies rely on secrecy to gather information and protect national security. Unrestricted freedom of associa-
tion or movement could jeopardize covert operations and sources.

Issues
1. There’s a concern that Parliament might enact laws that impose overly broad restrictions on fundamental rights, exceeding
what›s necessary for maintaining discipline or effective service.

2. Potential for Abuse of Power: by commanding officers or higher-ranking officials. Without adequate safeguards and oversight
mechanisms, these restrictions could be misused to suppress dissent or silence whistleblowers within the ranks.

3. Violation of Human Rights: In some cases, these restrictions may infringe upon the dignity and autonomy of armed forces
personnel, undermining their rights as individuals.

4. Impact on Morale and Mental Health: Feeling unable to voice concerns or grievances openly may contribute to feelings of
isolation, stress, and disillusionment among service members.

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Right To Property 
Present status
1. Article 300-A under Part XII stipulates that no individual shall be stripped of their property except under the authority of
the law. It is a legal entitlement accessible to all individuals.

2. Originally, the right to property was a fundamental right under Article 31. However, the 44th Amendment in 1978 removed
this status.

Issues
1. Its downgrade from fundamental right to legal right weakened its protection and led to concerns about the balance between
development needs and individual rights.

2. While Article 300A mandates following legal procedures for acquiring property, it doesn’t guarantee fair compensation.

3. The concept of eminent domain allows the state to acquire private property for public use, subject to compensation.
However, controversies arise when land is acquired for projects that benefit private entities or when compensation is
inadequate or not provided.

4. Tribal communities and forest dwellers often face displacement and loss of traditional livelihoods due to land acquisition
for development projects and conservation efforts. Inadequate recognition of rights and conflicts with conservation priorities
affects tribals severely.

Way forward
1. Continuously updating and improving the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation,
and Resettlement Act, 2013, based on feedback and experiences from its implementation.

2. Set clear timelines for resolving land acquisition disputes. Streamline court processes and consider implementing special-
ized land tribunals to expedite cases. Eg. Andhra Pradesh has implemented Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR) reforms with fixed timelines for compensation and dispute
resolution.

3. Implement comprehensive rehabilitation and resettlement packages for affected communities, including alternative
livelihood options and basic amenities. Eg. The Rehabilitation and Resettlement (R&R) policy of various states like Maharashtra,
includes provisions for livelihood restoration, housing, and social infrastructure for displaced persons.

4. Implement a digital land records system to improve transparency and prevent fraudulent transactions. This can help
streamline property ownership verification and reduce the misuse of black money in land deals.

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CHAPTER 4

Directive Principles
of State Policy

PYQ 
[UPSC 2015] Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Direc-
tive Principles of State Policy.

DPSP 
Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. Dr B.R. Ambedkar described
these principles as ‘novel features’ of the Indian Constitution. Granville Austin has described the Directive Principles and the
Fundamental Rights as the ‘Conscience of the Constitution’.
It promotes the principles of social and economic democracy and envisages establishing a welfare state.

Directive Principles together with the Fundamental Rights contain the ‘’philosophy of the Constitution’’ and are known as the ‘’soul of the
constitution’’.

Reason why DPSP are non-justiciable 

Reason Explanation Specific Examples
Guiding Principles DPSP are intended as guidelines for the government to frame
for Governance policies, not as enforceable rights. Making them justiciable
would entail judicial oversight on policy matters.
Conflict with Fun- Some directive principles could infringe on fundamental rights, Land reform laws conflicted with the
damental Rights so their implementation was left to the discretion of the State. right to property.
Flexibility for the Non-justiciability provides flexibility in policy-making, allow- Article 39: Allows phased imple-
Government ing the government to balance diverse interests and adapt to mentation of welfare measures like
changing circumstances. maternity relief.
Resource Con- Post-independence, India lacked sufficient resources to imple- Article 41 (Right to work, to edu-
straints ment all directive principles. cation and to public assistance in
certain cases):

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Evolutionary Ap- The non-justiciable nature allows for the progressive implemen- Article 45 (Provision for early
proach tation of these principles, adapting to the country’s economic childhood care and education
and social development over time. to children below the age of six
years):
Sanction by the Constitution makers trusted the wisdom of the people over The “Right to Education” was initially
People court enforcement for fulfilling these principles. Many directives a directive principle but became a
have been implemented through government actions. fundamental right through the 86th
Constitutional Amendment Act of
2002
Complexity in Im- India’s diversity in customs and traditions complicates the The Uniform Civil Code under Article
plementation implementation of some directives. 44

Classification of The Directive Principles 

Socialist Principles
Article Description Implementation
Article 38 Article 38(2) of the Indian Constitution, added Establishment of Planning Commission (1950); Land Reforms
by the 44th Amendment Act in 1978, mandates including abolition of intermediaries, tenancy reforms, and
the state to work towards securing a social distribution of surplus land.
order that promotes the welfare of the people

Article 39 The principles of policy to be followed by the Nationalization of life insurance (1956), banks (1969), and
State must ensure livelihood, resource equity, general insurance (1971); Abolition of Privy Purses (1971).
prevent wealth concentration, provide equal
pay, protect workers’ health, and promote child
welfare.
Article Equal justice and free legal aid. Added by the Legal Services Authorities Act (1987) established a network
39A 42nd Amendment Act, 1976. Ensures operation for free legal aid and Lok Adalat for dispute resolution.
of a legal system that promotes justice and
provides free legal aid.
Article 41 Right to work, education, and public assistance NREGA (2005) guarantees the right to work; National Social
in certain cases, within the state’s economic Assistance Programme; Ayushman Bharat scheme.
capacity.
Article 42 Provision for just and humane conditions of Janani Suraksha Yojana, Janani Shishu Suraksha Karyakram,
work and maternity relief. Pradhan Mantri Surakshit Matritva Abhiyan, LaQshya initia-
tive, Maternity Benefit (Amendment) Act, 2017.
Article 43 Living wage, decent work, etc., for workers. The Minimum Wages Act (1948), Code on Wages (2020),
Promotes cottage industries in rural areas. Contract Labour Regulation and Abolition Act (1970), Child
Labour Prohibition and Regulation Act (1986), Bonded Labour
System Abolition Act (1976), Mines and Minerals (Develop-
ment and Regulation) Act (1957), Maternity Benefit Act (1961),
Equal Remuneration Act (1976).
Article Participation of workers in management of Works committees, Joint management councils, and Joint
43A industries. councils for industries with over 500 employees.
Article 47 Raise the level of nutrition, standard of living, Community Development Programme (1952), Integrated
and improve public health. Rural Development Programme (1978-79), MGNREGA (2006),
Anganwadi Services, Pradhan Mantri Matru Vandana Yojana,
Poshan Abhiyaan.

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Gandhian Directive Principles

Article Description Implementation
Article 40 Organisation of village panchayats. 73rd Constitutional Amendment Act, 1992,
State shall take steps to organize
village panchayats as units of Self
Government.
Article 43 Promotion of cottage industries. Village Industries Board, Khadi and Village Industries Commission,
All India Handicraft Board, Silk Board, Coir Board, etc.
Article 43B Promotion of co-operative societies. 97th Amendment Act add cooperative under Article 19
State shall promote voluntary forma-
tion, autonomous functioning, demo-
cratic control and professional man-
agement of cooperative societies.
Article 46 Promotion of educational and eco- Protection of Civil Rights Act (1955) and SC/ST (Prevention of Atroci-
nomic interests of Scheduled Castes, ties) Act (1989). Establishment of National Commissions for Minori-
Scheduled Tribes, and other weaker ties (1993), Women (1992), Protection of Child Rights (2007), and
sections. Backward Classes (1993, with constitutional status in 2018).
Article 47 Raise the level of nutrition and stan- Alcohol prohibition in states like Bihar, Gujarat, Mizoram, and Naga-
dard of living, improve public health, land.
and prohibit intoxicating drinks and
drugs except for medicinal purposes.
Article 48 Organisation of agriculture and animal National Dairy Development Board (NDDB) promotes modern dairy
husbandry using modern methods farming techniques.
and scientific lines, and prohibition of
slaughter of cows and calves.

Liberal - Intellectual Directives

Article Description Implementation
Uniform civil code for the citizens. The State Goa is the only state with a uniform civil code.
Article 44 shall endeavour to secure for all citizens a uni-
form civil code throughout the territory of India.
Early childhood care and education to children 86th Constitutional Amendment Act, 2002, The
below the age of six years. The State shall National Education Policy
Article 45
provide early childhood care and education for
all children.
Organisation of agriculture and animal husband- Various steps include Rashtriya Gokul Mission,
ry. State shall organise agriculture and animal National Livestock Mission, National Programme for
Article 48
husbandry on modern lines, preserving and Dairy Development, and National Animal Disease
improving breeds. Control.
Protection of environment, forest, and wild- Creation of Protected Areas (National Parks, Sanc-
life. The State shall endeavour to protect and tuaries) and missions like National Action Plan for
Article 48A
improve the environment and safeguard forest Climate Change and National Clean Air Programme.
and wildlife.
Protection of monuments and places of national The Ancient and Historical Monument and Archaeo-
importance. State to protect monuments, plac- logical Sites and Remains Act (1958)
Article 49
es, or objects of artistic/historic interest from
damage.
Separation of judiciary from the executive. The Criminal Procedure Code (1973) separated judiciary
Article 50 State should separate judiciary from the execu- from executive.
tive in public services.

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Article Description Implementation

Promotion of international peace and security. Initiatives like Non-Alignment Movement and active
State shall endeavour to promote international participation in UN Peacekeeping missions.
Article 51
peace, maintain friendly relations, respect inter-
national law.

Amendments in DPSP 
Amendment Changes Introduced New Directives and Articles
42nd Constitutional Introduced new directives in Part Article 39A: Provide free legal aid to the poor.
Amendment, 1976 IV of the Constitution.
Article 39(f): Ensure children develop healthily with protected free-
dom and dignity, and against exploitation and abandonment.

Article 43A: Participation of workers in industrial management.

Article 48A: Protect and improve the environment.

44th Constitutional Inserted Section-2 to Article Article 38(2): State shall strive to minimize economic inequalities
Amendment, 1978 38; eliminated Right to Property in income and eliminate inequalities in status, facilities, and oppor-
from Fundamental Rights. tunities among individuals and groups.
86th Amendment Changed the subject matter of Article 45: Early childhood care and education for children below
Act of 2002 Article 45; made elementary six years.
education a fundamental right
under Article 21A. Article 21A: Right to elementary education as a fundamental right.

Directives outside Part IV

The Constitution makers gave a few some more directives outside Part IV, these are:

1. Claims of SCs and STs to Services (Article 335; Part XVI)

2. Instruction in mother tongue (Article 350-A; Part XVII)

3. Development of Hindi Language (Article 351; Part XVII)

These directions are also non-justiciable and they are given importance equivalent to DPSPs in Part-IV. The judiciary has declared that
all parts of the Constitution must be read together.

Significance/Utility of Directive Principles 

Aspect of Significance Details Specific Examples
Instrument of Instruction Acts as a blueprint for transforming India Article 48 (Organization of agriculture and
and Transformation into a welfare state, guiding constitutional animal husbandry): Led to agricultural reforms
amendments and legislation to implement and policies promoting animal welfare.
social and economic programs.
Moral and Ethical Frame- Provides guidance for legislators and ad- Article 47 (Duty of the State to raise the level
work for Governance ministrators, laying down the goals aimed of nutrition): Influenced policies like the Nation-
at achieving a just society. al Health Mission.
Non-Justiciable yet Influ- Influences law and policy making, providing Article 44 (Uniform civil code): Inspired the de-
ential a framework within which the electorate bate and eventual legislation regarding personal
can evaluate government performance. laws in India.
Social and Economic Advocates for welfare measures like right Article 39 (Certain principles of policy to be
Justice to livelihood, equal pay, and health im- followed by the State): Influenced the Equal
provements, focusing on disadvantaged Remuneration Act, 1976.
groups to reduce inequalities.

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Complement to Fundamen- Complements enforceable Fundamental Right to adequate means of livelihood (Article
tal Rights Rights by promoting non-enforceable social 39(a)) complements Right to life and personal
and economic welfare goals, necessary for liberty under Article 21
the full enjoyment of fundamental rights.
Dynamic Interpretation and Broad and flexible, allowing dynamic inter- Article 43 (Living wage, etc., for workers): Has
Evolution pretation to meet contemporary needs and guided the formulation of various labor laws and
ensuring relevance in varying socio-eco- minimum wage standards over the years.
nomic contexts.
Educative Value These directives have an educational value, Promoting social and economic welfare (Article
reminding those in power of the goal to 38)
introduce ‘economic democracy’ distinct
from political democracy.
Force of Public Opinion Representatives are accountable to the Electoral consequences for failing to implement
people, and non-compliance with these public welfare measures
directives risks their position as they will be
judged by the public.
Reference for Courts Courts use these principles to exercise Minerva Mills vs Union of India case, harmoniz-
judicial review and determine the constitu- ing fundamental rights with directive principles
tional validity of laws.
Empower the Opposition Non-implementation gives opposition par- Criticism over failure to implement land reforms
ties an opportunity to criticize the govern- or social security measures
ment, fostering a healthy democracy.

Criticism of Directive Principles 

Criticism Details Specific Examples
Non-Justiciability Lack of Legal Force: DPSP are not enforceable Lack of Enforcement: Despite Article 47’s direc-
in courts, leading to potential neglect in policy tive to improve nutrition, persistent malnutrition
implementation. issues reflect inconsistent implementation.

Dependence on Political Will causing variability

in adherence.
Lack of Consistent N. Srinivasan criticized them as vague, repetitive,
Philosophy and not logically arranged.

Conservative Jennings argued the Directives are based on prohibition of intoxicating drinks and drugs (Ar-
19th-century England’s political philosophy. Part ticle 47) appears conservative in modern, liberal
IV reflects Fabian Socialism without socialism, India.
making their relevance in the 21st century ques-
tionable.
Vagueness and Broad and General Phrasing making them Article 39(b) & (c): Calls for minimizing inequal-
Ambiguity difficult to implement specifically and measure ities in income and wealth are vague and have
effectively. been interpreted variably across different govern-
ments.
Competing Priorities: The broad nature often
leads to conflicting priorities, complicating their
practical application.
Resource Con- Financial Implications: The implementation Article 41: Right to work is subject to the state’s
straints of many DPSPs requires significant financial economic capacity; regions with lower fiscal ca-
resources, which may not always be available, pacity struggle more to provide employment.
leading to selective or partial implementation.
Lack of Priority Secondary to Fundamental Rights: they often Education before RTE: Before the Right to Edu-
receive less focus and priority in governance and cation became a fundamental right, the directive
judicial considerations. for free and compulsory education for children
under Article 45 was not prioritally enforced.

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Potential for Mis- Political Tool: The flexible nature of DPSP can be Electoral Promises like Nyay scheme, freebies
use exploited as a political tool, with parties promising
implementation for electoral gains rather than
actual welfare improvement.

Constitutional K Santhanam noted that Directives can cause Implementing the Directive Principle related to
Conflict conflicts, such as between the centre and states, Uniform Civil Code (Article 44) often creates ten-
or between the President and Prime Minister, over sions between central and state governments.
implementation issues.

Comparison between Fundamental Rights

and Directive Principles of State Policy 
Parameters Fundamental Rights Directive Principles of State Policy
Characteristics They limit states control over They impose certain duties on the state and thus give them obli-
individuals gations to fulfil these.
Legal status Legally enforceable in the Court Non-enforceable.
of Law
Objective They establish political democra- They aim to establish socio-economic democracy in the country.
cy in the country
Force They have legal sanctions They have moral and political sanctions
Need Fundamental for individual devel- They promote the welfare of the community and are socialist in
opment nature.
Enforcement Many of the rights do not require They require legislation for their enforcement.
legislation for their enforcement.
Justiciability In case any law violates any of Violation of Directive Principles of State Policy is not a basis for
the Fundamental Rights, the declaring a law unconstitutional. However, the Court can uphold
court is bound to declare it un- the validity of any law on the grounds that it was enacted to give
constitutional effect to a directive.

Conflict Between Fundamental Rights and

Directive Principles of State Policy 
Case Name Summary of Judgment

State of Madras vs. Champa- In cases of conflict between FRs and DPSPs, FRs shall prevail. It held that DPSP has to com-
kam Dorairajan (1951) ply with FRs and run subsidiaries for them.

Shankari Prasad vs. Union of This was one of the early cases addressing the amendability of the Constitution concerning
India (1951) Fundamental Rights and DPSP. The Court held that Fundamental Rights could be amended.

Golaknath vs. State of Pun- The Court reversed its earlier position, ruling that Fundamental Rights are immutable and
jab (1967) could not be amended by the Parliament. It restricted the legislature’s ability to implement
DPSP at the expense of Fundamental Rights.

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Kesavananda Bharati vs. The Court recognized that a balance between Fundamental Rights and DPSP was essential
State of Kerala (1973) and that both were equally valid.

Minerva Mills vs. Union of Fundamental rights “are not an end in themselves but are the means to an end.” The end
India (1980) goal is mentioned in the DPSP. FRs and DPSP together “constitute the core of commitment
to social revolution and they, together, are the conscience of the Constitution”. The Consti-
tution of India is founded on the bedrock of the balance between the FRs and DPSPs.

Unni Krishnan, J.P. vs. State The Court held that the right to education is a Fundamental Right for children until the age
of Andhra Pradesh (1993) of 14, citing both DPSP and Fundamental Rights. This decision is a pivotal example of harmo-
nizing the two to achieve a broader constitutional goal.

Gujarat Mazdoor Sabha v. The fundamental rights and directive principles of State policy present a coherent vision of a
State of Gujarat (2020) welfare state that contemplates social, political and economic justice.

Present Position Fundamental Rights enjoy supremacy over DPSP except for Articles 39 (b) and (c) which
enjoy supremacy over Articles 14 and 19.

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CHAPTER 5

Fundamental
Duties
42nd Amendment added Fundamental Duties to the Indian Constitution (Swaran Singh Committee recommendation) in 1976
through Part IV-A and Article 51-A, initially listing ten duties.
86th Amendment: Added an 11th duty in 2002, making it a duty for parents to provide education to children aged 6-14.

Fundamental Duties emphasize the moral obligations and commitments of citizens towards society and the nation, highlighting the in-
separable nature of rights and duties. Countries like China, Netherlands, Vietnam, and Japan have included Fundamental Duties in their
constitutions.

Verma committee recommended including Fundamental Duties in school curricula and making voting in elections a Fundamental Duty.

List and Application of Fundamental Duties 

Article 51A - Fundamental Duty Application
(a) To abide by the Constitution and respect its ideals and Standing up in movie theatres during the national anthem
institutions, the National Flag and the National Anthem
(b) To cherish and follow the noble ideals that inspired the Including Desh Bhakti curriculum in school syllabus
national struggle for freedom
(c) To uphold and protect the sovereignty, unity, and integrity of SATARK NAGRIK SURAKSHIT DESH – being vigilant
India
(d) To defend the country and render national service when called Volunteering during COVID-19 crisis
upon to do so
(e) To promote harmony and the spirit of common brotherhood Stopping mob lynching or honor killings; objecting to the
amongst all the people of India, transcending religious, linguistic, objectification of women in advertisements
and regional or sectional diversities, and to renounce practices
derogatory to the dignity of women
(f) To value and preserve the rich heritage of the country’s Stopping graffiti on the walls of monuments
composite culture
(g) To protect and improve the natural environment, including Reusing, reducing, and recycling plastic waste
forests, lakes, rivers, and wildlife, and to have compassion for
living creatures
(h) To develop the scientific temper, humanism, and the spirit of Avoiding falling prey to fake news
inquiry and reform

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Article 51A - Fundamental Duty Application

(i) To safeguard public property and to abjure violence Adhering to peaceful protests
(j) To strive towards excellence in all spheres of individual and Valuing entrepreneurship and start-up culture
collective activity so that the nation constantly rises to higher
levels of endeavour and achievement
(k) To provide opportunities for education to his child or ward Increased consciousness among citizens regarding the
between the age of six and fourteen years importance of education, seen in the increased enroll-
ment ratio at primary and secondary levels

Swaran Singh Committee 

Aspect Details
About In 1976, the Indira Gandhi government set up a Committee under Sardar Swaran Singh to recommend
fundamental duties during the internal emergency (1975-1977).
Unaccepted Recom- Paying taxes: Duty to pay taxes as a Fundamental Duty was recommended.
mendations
Penal provisions: Parliament could impose penalties for non-compliance with duties.
Doing away with Judicial review: Laws imposing penalties for non-compliance would not be
questioned for violating Fundamental Rights.

Characteristics and significance of Funda-

mental Duties 
Characteristic Description Specific Examples
Non-Justiciable Fundamental Duties are not enforceable No citizen can be legally compelled to sing the national
by law, meaning no legal action can be anthem, but respect during its rendition is expected.
taken if they are not followed.
Moral and Civic Obli- Serve as moral guidelines for civic be- To renounce practices derogatory to the dignity of
gations havior to promote discipline and commit- women
ment to the nation.
Enforceable by Law Parliament can impose penalties for fail- Flag Code of India
ing to follow Fundamental Duties.

Promotive of Constitu- Reflect and reinforce constitutional Duty to uphold and protect the sovereignty, unity, and
tional Ideals principles like sovereignty, unity, and integrity of India (Article 51A).
integrity.
Comprehensive in Cover a wide range of responsibilities Duty to protect and improve the natural environment
Scope from environmental to cultural, promoting including forests, lakes, rivers (Article 51A(g)).
overall civic sense.
Inspirational Role Inspire citizens to participate actively in Promotes involvement in community services and
national development and uphold nation- observance of laws promoting national interest.
al pride.
Rooted in Indian Cul- Represents traditional Indian values like Promoting communal harmony during festivals and
ture tolerance, peace, and communal harmony. public celebrations to maintain peace and unity.
Instrumental in Legal Influence legal interpretations and sup- Courts may refer to duties like promoting harmony
Framework port the enactment of laws aligned with (Article 51A(e)) when adjudicating cases on communal
civic responsibilities. harmony.
Guidance for State Guide the state in formulating policies Influence policies related to environmental conserva-
Policies that reflect the fundamental values of the tion, education, and cultural heritage preservation.
Constitution.

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Criticisms of Fundamental Duties 

Criticism Details Example
Superfluous Duties are seen as redundant as people would Citizens respecting the national flag even before it was
Nature perform them without constitutional mention. mandated by Fundamental Duties.
Non-Justicia- Described as moral precepts without penalties No legal consequences for not developing a scientific
ble Nature or punishments for non-performance. temper.
An appendage Incorporation in Part IV-A reduces their value; Duties not given equal importance as rights in constitu-
to Part IV should have been placed after Fundamental tional placement.
Rights.
Vague and Terms like ‘noble ideals’ and ‘scientific temper’ Common people may find it hard to define and practice
Ambiguous are difficult to understand and interpret. ‘scientific temper’.
Non-Exhaus- Not comprehensive; important duties like pay- No constitutional mandate for citizens to pay taxes or
tive List ing taxes or voting are missing. participate in elections.

Important Judgments 
Case Name Summary of Judgment
Chandra Bhavan Boarding v State of Upheld minimum wage legislation, emphasizing the balance of rights and duties.
Mysore 1969
Balaji Raghavan v Union of India 1995 Upheld the constitutionality of National Awards, linking them to the duty of striv-
ing toward excellence. (Article 51A(j))
M.C. Mehta v Kamal Nath II 2000 Stressed the duty to protect and improve the natural environment. (Article
51A(g))
Javed v State of Haryana 2003 Supported a law limiting the number of children one can have for eligibility in
local elections.

In Re Ramlila Maidan Incident 2012 Discussed the duty to obey lawful orders and maintain public order during a
protest eviction incident.

Laws implementing FD 
Aspect Details Example
Representation of Membership of Parliament or State Legisla- Disqualifying MPs/MLAs involved in corruption.
People Act, 1951 tures can be rejected for corrupt activities.
Unlawful Activities Bans sectarian organizations to maintain Prohibiting extremist groups to ensure national
Protection Act, 1967 peace and stability. security.
Protection of Civil Punishes those practicing untouchability. Legal actions against individuals promoting un-
Rights Act, 1955 touchability.
Wildlife Protection Act, Prohibits illegal trading of animals to pro- Penalizing poachers and traders of endangered
1972 tect endangered species. wildlife.
Prevention of Insults to Prohibits insults to the national anthem, Punishing individuals disrespecting the national
National Honour Act, flag, and Constitution. symbols.
1971
Forest Conservation Prohibits the destruction of natural forests; Restricting deforestation and regulating forest land
Act, 1980 regulates their use. use.

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CHAPTER 6

Amendments

PYQs 
1. [2019] “Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power.” In the
light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the
Constitution by expanding its amending power? 15

AMENDMENT
Constitutional forefathers were aware of the fact that an extremely rigid constitution would not fulfill the aspirations of future genera-
tions. They also believed that the constitution should be a living document that would be shaped by the exigencies of the time. So, the
constitution makers incorporated Part-XX (Article 368) to provide for a detailed procedure to amend the constitution.

Amendment Procedure 
Aspect Details
Introduction of a Exclusive Power of Parliament: Only Parliament can introduce a constitutional amendment bill, not
Bill state legislatures.
Introduced by: Any member of Parliament can introduce the bill.
No Prior Approval: President’s recommendation is not required to introduce the bill.
Legislative Proce- Majority: Passed by a special majority in each House (majority of total membership and two-thirds of
dure in Parliament members present and voting).
No Joint Sitting: Each House must pass the bill separately; no provision for a joint sitting.
Ratification by If amending federal provisions, the bill must be ratified by half of the state legislatures by a simple
State Legislatures majority.
Presidential As- Assent Required: President must give assent once the bill is passed by Parliament and ratified by
sent states, if necessary. (24th amendment)
Becomes an Act: The bill becomes a Constitutional Amendment Act after Presidential assent.

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Types of Amendments 

Type of Amendment Details Example

Amendment by Simple Not under Article 368: Done Creation/abolition of legislative councils, quorum in
Majority through a bill passed by each house Parliament, MP salaries, rules of procedure, privileg-
with a simple majority. es, use of English in Parliament, number of Supreme
Court judges, more jurisdiction to Supreme Court,
citizenship, elections.
Amendment by Special Article 368: Bill passed by each Fundamental rights, DPSPs, and other non-specified
Majority of Parliament house with a special majority. provisions.
Required Majority: Majority of total For 540 members in Lok Sabha, 273 total members
members and two-thirds of members and 354 (two-thirds of 531 present) must approve.
present and voting.
Amendment by Special Federal Structure Provi- Election process of President, Union and state
Majority and Ratification by sions: Special majority in Parliament executive powers, legislative functions distribution,
States and ratification by half of state High Courts, Supreme Court, seventh schedule lists,
legislatures. state representation in Parliament, Article 368, GST
Council.

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Need for Amendment 

Reason for Amend- Details Specific Examples
ment
Adapting to Social Amendments often reflect evolv- - Constitutional (One Hundred and Third Amendment) Act,
Change ing social norms, values, and 2019: Provides for reservation in education and public employ-
requirements of the society. ment for economically weaker sections.
Technological Ad- Updates to accommodate tech- 101st Amendment, 2016: Introduced the Goods and Services
vancements nological progress and address Tax (GST)
new-age challenges.
Correcting Oversights Address ambiguities or outdated The 44th Amendment of the Indian Constitution, sought to undo
or Errors provisions in the constitution several changes made by the controversial 42nd Amendment
that may arise over time. during the Emergency period
Judicial Directives Amendments in response to The 24th Amendment of the Indian Constitution was a direct
judicial interpretations that ne- response to judicial challenges and debates about the extent
cessitate legislative clarification. and limitations of the Parliament’s amendment powers.
Decentralization of Enhance governance by redis- - Constitutional (Seventy-third Amendment) Act,
Power tributing power and responsibili- 1992 and Constitutional (Seventy-fourth Amendment) Act,
ties, fostering local governance. 1992: Strengthened the Panchayati Raj institutions and intro-
duced similar structures for urban local bodies.
Protecting Rights Expand or recalibrate funda- - Constitutional (Eighty-sixth Amendment) Act, 2002: Made
mental rights to reflect contem- education a fundamental right for children aged 6 to 14 years
porary values and international under Article 21A.
standards.
Structural Reforms Modify or streamline govern- - Constitutional (One Hundred and First Amendment) Act,
mental and judicial structures to 2016: Introduced the Goods and Services Tax (GST) for a uni-
enhance efficiency and effec- form tax regime across the country.
tiveness.

Criticism of Amendment Procedure 

Criticism Details
Concentration of Power - Limited Role of Only Parliament can amend the Constitution; state legislatures cannot
States introduce amendments.
Excessive Powers to Parliament Parliament can change most of the Constitution with a special or simple
majority.
Dual Role of Parliament Parliament has both constituent and ordinary law-making powers; no sepa-
rate constituent assembly.
No Provision for Joint Sitting No joint sitting for resolving deadlocks over constitutional amendment
bills.
Similar to Ordinary Law Making The process of amending the Constitution is similar to making ordinary
laws, except for the need for a special majority.

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Limitations of Amendment
powers of Parliament 
Limitation Details Examples/Notes

Basic Structure Parliament cannot alter the fundamental Established in Kesavananda Bharati (1973); includes
Doctrine framework of the Constitution. principles like secularism, democracy, and rule of law.
Procedural Limita- Amendments must follow a strict procedure, Article 368 outlines these requirements; affects
tions requiring a special majority in Parliament and amendments involving federal relations and represen-
sometimes ratification by state legislatures. tation.
Judicial Review The Supreme Court can review and invalidate Minerva Mills case (1980) and I.R. Coelho case (2007).
amendments that breach the Constitution’s
basic structure.
Political and So- Substantial political and social consensus is
cial Consensus often necessary for passing amendments due
to the requirements for a special majority.

SC judgments on Amendment
powers of Parliament 
Case Name Summary of Judgment

Shankari Prasad vs. Union of Ruled that Parliament could amend any part of the Constitution, including fundamental
India (1951) rights.
Sajjan Singh vs. State of Rajas- Reaffirmed the ability of Parliament to amend the Constitution under Article 368, includ-
than (1965) ing fundamental rights.
Golaknath vs. State of Punjab Overturned previous rulings, stating Parliament could not amend fundamental rights.
(1967)
Kesavananda Bharati vs. State Introduced the “basic structure” doctrine, establishing that Parliament cannot alter the
of Kerala (1973) fundamental framework of the Constitution through amendments.

Indira Nehru Gandhi vs. Raj Struck down the 39th Amendment related to the election of the Prime Minister, asserting
Narain (1975) that amendments violating the “basic structure” of the Constitution are unconstitutional.

Minerva Mills vs. Union of India Reinforced the “basic structure” doctrine. Held that clauses inserted by the 42nd Amend-
(1980) ment, which declared that no amendment could be called in question in any court, were
invalid.
Waman Rao vs. Union of India Validated the constitutionality of all amendments made up to the Kesavananda Bharati
(1981) judgment, applying the basic structure doctrine prospectively, not retrospectively.
I.R. Coelho (Dead) By LRs vs. Reaffirmed the basic structure doctrine. Ruled that laws put in the Ninth Schedule after
State of Tamil Nadu (2007) the Kesavananda Bharati case are subject to judicial review if they violate the basic struc-
ture.

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Important amendments 
Amendment Key Provisions & Significance
1st Amendment, Empowered the state to make special provisions for the advancement of socially and economically backward
1951 classes.

Provided for the saving of laws providing for acquisition of estates, etc.

Added Ninth Schedule to protect the land reform and other laws included in it from the judicial review.

Added three more grounds of restrictions on freedom of speech and expression, viz., public order, friendly
relations with foreign states and incitement to an offence. Also, made the restrictions “reasonable” and thus,
justiciable in nature.

Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the
ground of violation of the right to trade or business.
24th Amend- Affirmed the power of Parliament to amend any part of the Constitution including fundamental rights.
ment, 1971
Made it compulsory for the president to give his assent to a Constitutional Amendment Bill.
25th Amend- Provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c) can-
ment, 1971 not be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31.

42nd Amend- Added three new words (i.e., socialist, secular and integrity) in the Preamble.
ment, 1976
Added Fundamental Duties by the citizens (new Part IV A).
Made the president bound by the advise of the cabinet.
Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001.
Made the constitutional amendments beyond judicial scrutiny.
Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the
courts on the ground of violation of some Fundamental Rights.

Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the man-
agement of industries and protection of environment, forests and wildlife.

Extended the one-time duration of the President’s rule in a state from 6 months to one year.

Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals
and birds, weights and measures and administration of justice, constitution and organisation of all courts
except the Supreme Court and the high courts.

Empowered the Parliament to decide from time to time the rights and privileges of its members and commit-
tees.

Provided for the creation of the All-India Judicial Service.

44th Amend- Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years).
ment, 1978
Omitted the reference to the British House of Commons in the provisions pertaining to parliamentary privileges.
Gave constitutional protection to publication in newspapers of true reports of the proceedings of the Parlia-
ment and the state legislatures.
Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsid-
ered advice is to be binding on the president.
Replaced the term “internal disturbance” by “armed rebellion” in respect of national emergency.
Made the President to declare a national emergency only on the written recommendation of the cabinet.
Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national
emergency.
Omitted the provisions which took away the power of the court to decide the election disputes of the presi-
dent, the vice-president, the prime minister and the Speaker of the Lok Sabha.

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52nd Amend- Provided for disqualification of members of Parliament and state legislatures on the ground of defection
ment, 1985 and added a new Tenth Schedule containing the details in this regard.
61st Amendment, Reduced the voting age from 21 to 18 years, broadening democratic participation.
1989
73rd Amend- Granted constitutional status and protection to the panchayati raj institutions. For this purpose, the
ment, 1992 Amendment has added a new Part-IX entitled as “the panchayats” and a new Eleventh Schedule contain-
ing 29 functional items of the panchayats.
74th Amend- Granted constitutional status and protection to the urban local bodies. For this purpose, the Amendment
ment, 1992 has added a new Part IX-A entitled as “the municipalities” and a new Twelfth Schedule containing 18
functional items of the municipalities.
86th Amend- Made elementary education a fundamental right. The newly-added Article 21-A declares that “the State
ment, 2002 shall provide free and compulsory education to all children of the age of six to fourteen years in such
manner as the State may determine”.

Changed the subject matter of Article 45 in Directive Principles. It now reads—“The State shall endeav-
our to provide early childhood care and education for all children until they complete the age of six years”.

Added a new fundamental duty under Article 51-A which reads—“It shall be the duty of every citizen of
India who is a parent or guardian to provide opportunities for education to his child or ward between the
age of six and fourteen years”.
99th Amendment Replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new
Act, 2014 body called the National Judicial Appointments Commission (NJAC).

However, in 2015, the Supreme Court declared this amendment act as unconstitutional and void. Conse-
quently, the earlier collegium system became operative again.
101st Amend- Paved the way for the introduction of the goods and services tax (GST) regime in the country. The GST shall
ment, 2016 replace a number of indirect taxes being levied by the Union and the State Government. It is intended to
remove the cascading effect of taxes and provide for a common national market for goods and services.

Provided for the establishment of a Goods and Services Tax Council by a presidential order.

Made the provision of compensation to the states for loss of revenue arising on account of introduction of
GST for a period of five years.
102nd Amend- Conferred a constitutional status on the National Commission for Backward Classes which was set-up in
ment Act, 2018 1993 by an Act of the Parliament.

Relieved the National Commission for Scheduled Castes from its functions with regard to the backward
classes.

Empowered the President to specify the socially and educationally backward classes in relation to a state or
union territory.
103rd Amend- Allowed the state to make a provision for the reservation of upto 10% of seats for economically weaker
ment Act, 2019 sections in admission to educational institutions including private educational institutions, whether aided
or unaided by the state, except the minority educational institutions.

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CHAPTER 7

Federalism

PYQs 
[2024] What changes has the Union Government recently introduced in the domain of Centre-State relations? Suggest measures to be
adopted to build the trust between the Centre and the States and for strengthening federalism.

[2023] Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of
federalism? (15M)

[2023] Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments
since mid 1990s. (15M)

[2020] Indian Constitution exhibits centralizing tendencies to maintain unity and integrity of the nation. Elucidate in the perspective
of the Epidemic Diseases Act, 1897; The Disaster Management Act, 2005 and recently passed Farm Acts.(15M)

[2020] How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some
recent examples to validate your answer. (10M)

[2019] From the resolution of contentious issues regarding distribution of legislative powers by the courts, ‘Principle of Federal Su-
premacy’ and ‘Harmonious Construction’ have emerged. Explain.

Federalism
“Indian Union is a unitary state with subsidiary federal features rather than a federal state with subsidiary unitary features.” - K.C.
Wheare.

Federalism is a system of governance where power is distributed between a central authority and regional entities like states or provinc-
es. In India, this framework balances national unity with regional diversity, enabling the central government to enforce uniform policies
while allowing states to adapt them to their unique requirements.

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Key Features of Federalism

1. Division of Power – Authority is distributed between the central government and regional governments, with each having
distinct responsibilities and jurisdiction.

2. Supremacy of the Constitution – A written Constitution defines the powers of both levels of government and maintains
a system of checks and balances to prevent overreach.

3. Independent Judiciary – A neutral and autonomous judiciary interprets the Constitution, adjudicates disputes between
different levels of government, and safeguards the federal structure.

4. Bicameral Legislature – Federal systems often have a two-house legislature, with one chamber representing the citi-
zens and the other representing states or provinces, ensuring regional interests are protected.

5. Financial Autonomy – Regional governments have constitutionally defined financial powers, allowing them to generate
revenue and manage their own budgets for governance and development.

6. Distribution of Resources – The financial and administrative responsibilities are allocated between the central and regional
governments to ensure efficient governance and equitable development.

7. Flexibility and Adaptability – Federal structures allow for adjustments in power-sharing over time, enabling the system to
respond to changing political, economic, and social needs.

8. Dual Government System – A clear distinction exists between the national and state governments, ensuring coexistence
and cooperation without one undermining the other.

Federal Provisions in the Indian Constitution

1. Written Constitution- An essential mark of Federal systems.

2. Article 1 – «India, that is Bharat, shall be a Union of States.» This affirms the unity of India while recognizing the diversity of its
constituent states.

3. Article 79 – The Parliament of India is bicameral, consisting of the Lok Sabha and the Rajya Sabha. The Rajya Sabha serves
as the representative body of states in the federal structure, ensuring state interests are considered at the national level.

4. Article 131 – The Supreme Court is the final authority and sole arbitrator in resolving disputes between the central and state
governments, maintaining the integrity of the federal system.

5. Article 246 – This article deals with the distribution of legislative powers between the Union and the States, as defined in
the Seventh Schedule. It divides subjects into the Union List, State List, and Concurrent List, outlining the scope of jurisdic-
tion for each level of government.

6. Article 368 –It ensures that while the Constitution is flexible, changes to its federal provisions require the concurrence of
at least half of the states, thus preserving the federal balance.

Unitary Features of the Indian Constitution

1. States are Not Indestructible (Article 3) – The Parliament has the authority to create, merge, or alter state boundaries and
names without requiring state consent.

2. Emergency Provisions –
1. National Emergency (Article 352) – The President can assume extraordinary powers in case of war, external
aggression, or armed rebellion.
2. President’s Rule (Article 356) – If a state government fails to function per constitutional provisions, the President
can assume direct control, making the federal structure temporarily unitary.
3. Strong Union Legislature –

1. Residuary Powers (Article 248) – Parliament holds exclusive authority over subjects not listed in the Union, State,
or Concurrent lists.

2. State List Override (Article 249) – The Rajya Sabha can authorize Parliament to legislate on a State List subject
in the national interest.

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4. Law Supremacy (Article 254) – In case of a conflict between state and central laws on a Concurrent List subject, the cen-
tral law prevails.

5. Strong Union Executive (Article 256) – State governments must comply with laws made by Parliament, and the Union can
direct state executives to enforce them.

6. Single Citizenship – Unlike other federations, India provides for only one citizenship, ensuring uniform rights and duties for
all citizens across states.

7. All-India Services – The IAS, IPS, and IFS are centrally controlled services that operate in states, strengthening the Union’s
role in state administration.

8. Integrated Judiciary – India follows a single judicial system with the Supreme Court at the apex, ensuring uniform inter-
pretation of laws across the country.

Significance
1. Accommodation of Diversity – Federalism allows states to have autonomy in governance, enabling them to address re-
gion-specific needs, cultures, and languages, fostering inclusivity. Eg- Article 371

2. Structured Distribution of Powers: Eg- distribution of powers under 7th schedule

3. Promotion of Cooperative Federalism: Eg- The Goods and Services Tax (GST) provides for a unified tax system, benefiting
national economic integration.

4. Economic Policy Experimentation: States act as “laboratories of democracy.” Gujarat’s industrial policy attracted
investments and became a model for other states to replicate, boosting regional economies.

5. Fiscal Autonomy and Accountability: Eg- The Finance Commission ensures a fair distribution of tax revenues.

6. Conflict Resolution Mechanism: The Inter-State Council helps resolve disputes between states, such as the Kaveri water
dispute between Karnataka and Tamil Nadu, preventing escalation of tensions.

7. Adaptability to Regional Aspirations: Eg- The formation of Telangana in 2014 reflects federalism’s ability to accommodate
regional demands for administrative efficiency and cultural identity.

8. Cultural and Linguistic Preservation: Eg- Tamil Nadu enforces policies promoting the Tamil language, reflecting the
autonomy states have to preserve cultural and linguistic diversity under federalism.

9. Checks and Balances: Eg- Article 356 (President’s Rule) is used to ensure balance when state governments fail to function
properly, maintaining democratic order.

10. Enhanced Public Service Delivery: Eg- Kerala’s health model, which focuses on primary healthcare and has led to higher life
expectancy and lower infant mortality rates compared to other regions.

Asymmetric Federalism
Asymmetric federalism refers to an unequal distribution of powers and relationships in the political, administrative, and fiscal spheres
among federal units within a federation.

Key Aspects:

1. Dual Asymmetry – It exists in both vertical (Centre vs. States) and horizontal (among States/UTs) dimensions.

2. Not Just Constitutional – Asymmetry arises not only from constitutional provisions but also from administrative, political,
and fiscal policies in practice.

3. Flexible Governance Model – The Indian framework accommodates regional diversity while maintaining national unity.

4. Self-Rule & Shared Rule – India follows a “salad bowl” approach, recognizing distinct cultural identities and
permitting self-governance within a unified structure.

5. Founding Vision – The framers of the Constitution designed federalism to allow for regional autonomy while ensuring
a strong central authority when needed.

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Vertical Asymmetry
(Between Centre and States)
1. Article 3 – The Parliament can unilaterally alter state boundaries and names, without state consent.

2. Single Citizenship – Unlike other federations, India provides only one citizenship, ensuring uniform national identity.

3. Articles 352 & 356 – Emergency provisions empower the Centre to take direct control of states during crises (National
Emergency, President’s Rule).

4. Article 248 – Residuary legislative powers rest solely with the Parliament, ensuring a stronger central authority.

5. Governor’s Appointment – The Governor, appointed by the President, serves as the Centre’s representative in state affairs.

6. 7th Schedule - On subjects in the Concurrent List, Parliament can legislate laws that override those made by state legislatures.
Parliament can also legislate on certain matters in the State List.

7. Integrated Judiciary: India has a unified judiciary, with no separate systems for the Centre and states.

8. All India Services: Through services like the IAS and IPS, the Centre exercises influence over state executive functions.

9. Integrated Election Machinery: The Election Commission of India is responsible for conducting elections at both the Centre
and state levels.

10. Integrated Audit Machinery: The president appoints the Comptroller and Auditor General (CAG), who audits both Centre and
state accounts.

Horizontal Asymmetry (Among States/UTs)

1. Articles 371A-371J – Provide special provisions and autonomy to certain states, especially in the Northeast.

2. Schedule 5 & 6 – Define the administration of Scheduled Areas and Tribes, ensuring self-governance in tribal regions.

3. Article 370 (Revoked in 2019) – Previously granted special status to Jammu & Kashmir, allowing it substantial autonomy.

4. Unequal representation of states in the Rajya Sabha: The allocation of seats in the upper house is based on the population
of each state, leading to unequal representation.

Fiscal Asymmetry
1. Vertical Asymmetry – As per the 15th Finance Commission, states receive 41% of central taxes (2021-26) to ensure
balanced financial distribution.

2. Horizontal Devolution – Funds are allocated based on income disparity, demographic trends, and ecological performance.

3. Centrally Sponsored Schemes (CSS) – The Centre funds 90% for Special Category States but only 60% for others, ensur-
ing financial assistance to weaker states.

4. Special Category Status – Granted by the National Development Council (NDC) to states with hilly terrain, low population
density, or economic backwardness for higher financial aid.

Need
1. Accommodating Social Groups and Interests-Recognizes distinct regional needs, ensuring the survival of India’s federal
democracy.Eg- Special provisions for N-E states to preserve their unique identities.

2. Addressing Regional Diversity-Accommodating Ethnic and Cultural Practices – Grants autonomy to regions with unique
traditions and governance structures.Eg- The Sixth Schedule ensures self-governance for certain tribal areas.

3. Managing Socio-Economic Differences – Maintains the distinct economic and cultural identity of specific states.Eg- Arti-
cle 371F grants special provisions for Sikkim.

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4. Enhancing Political Stability

1. Mitigating Regional Conflicts – Eg-The Bodoland Territorial Council (BTC) was created to address autonomy
demands in Assam’s Bodoland region.

2. Preventing Secessionist Movements – Grants special statuses to manage unique political and historical con-
cerns. Eg- Article 370.

5. Strengthening Border Security – Grants greater autonomy to border states for managing internal security and migra-
tion. Eg-The Inner Line Permit system

6. Preserving Tribal Autonomy – Provides special protections and administrative measures for Scheduled Tribes.Eg-The
Fifth Schedule governs the administration of Scheduled Areas.

7. Empowering Tribal Governance – Allows local self-rule for tribal communities.Eg-Autonomous District Councils under
the Sixth Schedule.

8. Promoting Development

1. Targeted Development Initiatives – Focuses on economic and social growth in specific regions.Eg-The North
Eastern Council (NEC) promotes regional development.

2. Economic Upliftment of Backward Regions – resources to underdeveloped districts for balanced

growth. Eg- Backward Regions Grant Fund (BRGF) for economically weaker districts.

9. Ensuring Balanced Resource Distribution

1. Equitable Allocation of Resources – Ensures fair funding and development efforts for disadvantaged regions.
Eg- Article 371J establishes a development board for Hyderabad-Karnataka.

2. Fiscal Autonomy and Support – Provides additional financial assistance to states with unique developmental
needs.Eg-Special Category Status.

10. Maintaining National Unity

1. Integrating Diverse Regions – Balances regional identity with national integration.Eg- Article 371A ensures Na-
galand’s unique social and religious practices are respected.

2. Reducing Alienation – Recognizes regional distinctiveness, reducing discontent and separatist tendencies.
Eg- Special provisions for Mizoram under Article 371G.

Issues
1. Complexity in Governance – Different laws and administrative structures in states lead to fragmented governance. (Eg-
Erstwhile JnK state had separate civil and criminal procedure, no reservations for SC/STs)

2. Bureaucratic Overload – Special administrative arrangements add layers of bureaucracy, slowing decision-making.

3. Regional Disparities – States without special provisions feel economically and politically disadvantaged, leading to de-
mands for special treatment. (Eg- on differential allocation by Finance Commission to UP and Bihar)

4. Local vs. National Interests – Greater autonomy can create conflicts between regional aspirations and central policies.
(Eg-Ladakh’s demand for special protection v/s National security interest)

5. Unequal Fiscal Policies – as per Economic Survey, states with special financial arrangements like special category status
follow varied fiscal policies, impacting national economic stability.

6. Political Representation Imbalances: Eg- the proposal to redraw parliamentary constituencies based on the 2011 census has
raised concerns among southern states about losing political clout to northern counterparts.

7. Ambiguities in Provisions – Certain constitutional provisions lack clarity, leading to legal disputes and judicial interpreta-
tions.(Eg- Article 370 case in Supreme Court)

8. Conflict of Jurisdiction – Special powers granted to Governors in some states create tensions between state and central
authorities.(Eg- Delhi Lt Gov. v/s elected government)

9. Ethnic Tensions – Autonomous regions experience internal conflicts between different ethnic groups.

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10. Social Integration Challenges: Special statuses can inadvertently foster regionalism, potentially hindering social cohesion.
Eg- demand for a separate Gorkhaland state in West Bengal

11. Internal Security Challenges – Greater autonomy in sensitive regions makes security management complex.(Eg- North
Eastern state insurgency)

12. Lack of Uniform Policies – Varied administrative practices delay the implementation of national policies and programs.

Way Forward
1. As recommended by the Sarkaria Commission (1983) and NCRWC (2000), the ISC should be made an independent body
under Article 263 to resolve Centre-state disputes.

2. Develop a uniform framework for applying asymmetric provisions to ensure consistency and transparency in granting
special privileges.Eg-Establishing clear guidelines for Special Category Status (SCS) rather than politicizing it.

3. Implement Punchhi Commission (2007) recommendations to revise the Finance Commission’s allocation formula by
rewarding states on performance indicators (literacy, HDI) rather than just population.

4. Adopt a hybrid formula (post-1971 population + development indicators) to prevent political marginalization of low-population,
high-performing states.

5. Increase flexibility in taxation and revenue generation for states, allowing them greater control over their economic policies.

6. Clearly define the Governor’s role in states with special provisions to reduce conflicts between state and central authori-
ties.

7. States with unique governance needs (Eg- Northeast) should be allowed to draft ‘Autonomy Charters’ defining their special
administrative powers.

8. Establish dedicated constitutional benches in the Supreme Court to handle Centre-State disputes swiftly.

9. As proposed in NITI Aayog, states should have negotiated flexibility in implementing national laws (Eg- agriculture reforms)

Global Best Practices

1.Canada (Quebec’s Distinct Society) – Quebec controls language, civil law, and immigration.

2.Spain (Autonomous Communities) – Catalonia/Basque Country negotiate self-governance.

3.UK (Devolution to Scotland, Wales, N. Ireland) – Devolved parliaments control key policies; India could formalize “federal
consent” for laws affecting state subjects.

4.Belgium (Linguistic Federalism) – Parallel governments for language groups; India could decentralize cultural/language
policies to respect regional identities.

Cooperative Federalism
Cooperative federalism refers to a governance model where national, state, and local governments work collectively to address com-
mon challenges through collaboration and shared responsibilities.

Key Aspects

1. Cooperative federalism involves intergovernmental coordination, where different levels of government work together to
achieve national and regional goals.

2. The Supreme Court, in State of Rajasthan v. Union of India (1977), affirmed that India’s federalism is predominantly coop-
erative, requiring mutual interaction between Centre and States.

3. Effective cooperative federalism depends on robust institutions and mechanisms that promote intergovernmental rela-
tions and facilitate dispute resolution.

4. While the Indian Constitution does not explicitly mention “cooperative federalism,” its provisions and functioning imply
and promote a cooperative federal structure.

5. India follows a quasi-federal model, blending federal and unitary elements, where cooperation and coordination be-

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tween central and state governments are essential for governance.

6. In a system that is not strictly federal, the smooth functioning of governance relies on collaboration among the Centre,
States, and Local bodies to address policy challenges effectively.

7. The Sarkaria Commission report emphasized that by the mid-20th century, federalism evolved as a dynamic pro-
cess requiring continuous cooperation and shared action between different levels of government.

Mechanisms for cooperative federalism

Category Feature
Legislative Concurrent List allows both central and state govts to legislate on shared subjects, promoting collaboration
in governance.

Article 54:In the election of the President, members of State Legislative Assemblies are part of the Elec-
toral College.

Article 80:Provides for the composition of the Council of States (Rajya Sabha), which represents the states
in the Union’s legislative process.
Executive Mutual delegation of functions, immunity of instrumentalities, All India Services, and Article 355 ensure
cooperative federalism.
Fiscal Finance Commission recommends financial resource distribution; GST Council ensures uniform tax structure
and dispute resolution.
Institutional Inter-State Council, Zonal Councils, NITI Aayog, and MoUs between centre and states on project basis foster
collaboration and coordination between central and state governments.

Cooperative Federalism: Case Studies

1. The Goods and Services Tax (GST) :Introduced in 2017, it replaced multiple indirect taxes and required close collab-
oration between the central and state governments. Both worked together to draft the legislation, set tax rates, and
create a unified platform for tax collection. Despite initial resistance from states over financial autonomy, the GST
Council, comprising both central and state representatives, successfully resolved issues regarding revenue distribu-
tion, leading to a seamless tax system in India.

2. COVID-19 Response: The COVID-19 pandemic required strong cooperation between the central and state gov-
ernments. The central government issued guidelines and provided financial aid, while state governments enforced
lockdowns, managed healthcare resources, and conducted vaccination drives. This collaborative approach led to the
successful management of the pandemic and one of the largest vaccination drives globally.

3. Disaster Management : The National Disaster Management Authority (NDMA) collaborates with State Disaster
Management Authorities (SDMAs) to prepare, respond, and recover from such events. The central government offers
financial and logistical support, while state governments manage on-ground efforts.

Issues
1. Centralized Decision-Making – Centre often imposes policies without state consultation. Eg-COVID-19 guidelines under
Disaster Management Act, 2005.

2. Legislative Distribution – Union List has more subjects than the State List, creating power imbalances.

3. Policy Disagreements – Conflicts arise between Centre and States on policies. Eg- National Education Policy, New Pension
Scheme.

4. Governor’s Political Role – Governors act as Centre’s agents, causing political tensions.Eg- Tamil Nadu’s NEET Bill referral
under Article 201.

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5. One-Size-Fits-All Approach – Central policies often overlook regional diversity. Eg- Farm Laws, 2020

6. Emergency Provisions Misuse – Article 356 is sometimes used for political gains, undermining state autonomy.

7. Officer Transfers & Postings – Disputes over cadre officer deputations. Eg-West Bengal IPS officer recall issue.

8. Misuse of Central Agencies – Trust issues between Centre’s investigative agencies. Eg-CBI consent revoked by opposi-
tion-led states.

9. BSF Jurisdiction Extension – Centre’s decision to extend BSF jurisdiction in states like Punjab & West Bengal has led to
tensions.

10. Lack of Institutions for Federal Communication – Inter-State Council remains ineffective as it has no binding authority.

11. Fiscal Federalism Concerns – Issues related to fund devolution and financial autonomy of states

12. Confrontational Federalism – Increasing Centre-State tensions over policies like Governor appointments, NRC, CAA, and
farm bills.

State Issues

Tamil Nadu 1. Conflict over NEET

2. 3-Language issue under NEP 2020

3. Withholding of central funds under the Samagra Shiksha scheme due to the state’s rejec-
tion of the PM SHRI scheme and the National Education Policy (NEP) 2020.
West Bengal 1. West Bengal IPS officer recall issue.

2. Withdrawal of general consent for CBI

3. BSF increased jurisdiction

Punjab 1. Conflict over farm laws implementation.

2. BSF jurisdiction increased from 15 to 50 Km

Kerala 1. Kerala government’s attempt to remove the Governor as Chancellor of state universities.

2. Kerala approached the Supreme Court over restrictions on borrowing limits imposed by
the Centre

Karnataka 1. Hindi Imposition Concerns

2. GST compensation dues issue

Southern States in 1. Concern over Delimitation
General
2. Finance Commission devolution alleged to be discriminatory

3. Proposed One Nation One Election

Measures To Promote Cooperative Federalism

1. NITI Aayog:

1. Established cooperative federalism and enabled good governance in India.

2. Its Governing Council includes Chief Ministers of states and Administrators/Lieutenant Governors of Union
Territories, fostering collaboration between the Centre and states.

3. Acts as a platform for ‘Team India’, uniting states to work towards the national development agenda.

2. Goods and Services Tax (GST):

1. Introduced in 2017, GST is a landmark step towards cooperative federalism.

2. The GST Council, comprising representatives from the Centre and states, makes decisions on tax-related matters.

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3. Ensures collaboration and consensus-building between the central and state governments.

3. Centrally Sponsored Schemes (CSS):

1. Initiatives implemented by the central government in partnership with state governments.

2. The central government provides a major portion of funding, while states contribute the remaining share.

3. States have the flexibility to adapt schemes to local needs and priorities, while adhering to central guidelines.

4. National Disaster Management Authority (NDMA) - The central and state governments work together in disaster prepared-
ness and response.

5. State-Specific Schemes under Central Programs - Programs like Swachh Bharat Abhiyan and Smart Cities Mis-
sion require joint efforts between the center and states for effective implementation.

6. Financial Devolution through Finance Commission - The Finance Commission recommends the devolution of funds from the
center to states, ensuring financial autonomy for state governments.

7. National Health Mission (NHM) - The central government collaborates with states to improve healthcare infrastructure and
services, particularly in rural areas

Way Forward
1. Key Recommendations Of Sarkaria and Punchhi Commission

1. Governor’s Role – The Governor should remain apolitical, and removal procedures should be clearly defined to
prevent misuse.

2. Restricting President’s Rule (Article 356) – Prevent excessive use of President’s Rule by laying down stricter
guidelines for its application.

3. Strengthening Inter-State Council – Expand the Council’s role beyond advisory functions, making it more effec-
tive in dispute resolution.

4. Guidelines for Presidential Veto – Ensure fair and transparent procedures to prevent arbitrary rejection of state
legislation.

5. State Involvement in International Agreements – States should be consulted when the Centre enters into interna-
tional agreements affecting their interests.

2. Fast-track state bills by setting a 6-month time limit for the President’s assent, ensuring timely cooperation between the
Centre and States.

3. Cooperative Legislation – Establish a Legislative Advisory Committee to draft model laws in consultation with states,
promoting uniform yet flexible policymaking.

4. Promoting Fiscal Federalism – Provide greater fiscal autonomy to states, ensuring a fair resource-sharing mecha-
nism between Centre and States. Eg- reducing cess and surcharge

5. Enhancing Institutional Frameworks – Strengthen institutions like NITI Aayog, Inter-State Council, and Finance Commis-
sion. Eg- state representation in Finance commission

6. Empowering Local Governments – Provide greater decision-making powers and financial autonomy to local governments
for better governance at the grassroots level.

Competitive Federalism
Competitive federalism refers to the healthy competition among different levels of government within a federal system to enhance ef-
ficiency, governance, and resource attraction.

In this model, subnational governments (states and local bodies) actively compete to attract investments, skilled labor, and eco-
nomic opportunities. Such competition is more pronounced in decentralized federal systems, where both the central and state gov-
ernments possess significant self-governing authority and policy-making powers.

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Steps Taken Towards Competitive Federalism

1. Enhanced Fiscal Autonomy – The 14th Finance Commission increased states’ share of the divisible pool from 32% to 42%
(2015-16 to 2019-20). The 15th Finance Commission introduced performance-based incentives, rewarding states for fiscal dis-
cipline and better governance.

2. GST Implementation – The rollout of GST has further strengthened India’s federal structure, ensuring uniform tax policies
across states while allowing flexibility in implementation.

3. Restructuring of Centrally Sponsored Schemes (CSS) – More flexibility granted to states in utilizing funds based on their own
priorities rather than uniform national guidelines.

4. Aspirational Districts Program – NITI Aayog introduced competition elements in this program to improve governance and
human development indicators in backward districts through better convergence of efforts.

5. Financial Support & Reforms – Initiatives like UDAY scheme (for power sector reforms) and Swachh Bharat Rankings have
created a competitive framework, incentivizing states to perform better in governance and infrastructure.

6. Sectoral Performance Indices – Several indices have been introduced to promote competition among states, such as:

· SDG India Index – Tracking state performance on Sustainable Development Goals (SDGs).

· Health Outcomes Index – Evaluating healthcare progress and governance improvements.

· Composite Water Management Index – Measuring progress on water resource management.

· School Education Quality Index & Performance Grading Index – Assessing learning outcomes, access, and
equity in education.

7. Ease of Doing Business rankings: States like Andhra Pradesh and Telangana have actively implemented reforms to streamline
business regulations, resulting in improved rankings and attracting significant investment.

8. Swachh Bharat rankings: Cities and states compete to improve sanitation and cleanliness, leading to visible improvements in
public spaces. For example, Indore has consistently ranked among the cleanest cities in India.

9. “Para-diplomacy”: The “Vibrant Gujarat Summit” is a prime example of a state-led initiative to attract global investment. Simi-
larly, many other states hold investor summits.

10. State-level social welfare programs: Telangana’s “Rythu Bandhu” scheme, providing direct income support to farmers, com-
petes with the central government’s PM-KISAN scheme.

11. Reforms in Labor Laws and Land Acquisition - States like Uttar Pradesh and Madhya Pradesh have reformed labor
laws and land acquisition processes to attract investment, improving the overall competitiveness of their economies.

Significance
1. Diverse State Policies – Replaces a one-size-fits-all approach with state-specific policies tailored to local priorities.

2. Encourages Lagging States – States compete to bridge developmental gaps, reducing regional disparities. Eg- Aspira-
tional Districts Programme.

3. Competition for Ease of Doing Business (EoDB) – States create investor-friendly policies, reducing dependence on the
Centre. Eg- Gujarat and Maharashtra attracting high FDI

4. Fund allocation is based on tax and fiscal efforts, promoting responsible financial management.

5. Administrative Efficiency – States compete to minimize waste and optimize resource use.

6. Increased Accountability – Regular performance rankings enhance transparency and governance. Eg-NITI Aayog’s SDG
India Index.

7. Policy Reforms & Innovation – States adopt progressive governance models. Eg- Telangana’s T-Hub, Kerala’s KSUM.

8. Crisis Preparedness – Ensures states are better equipped for emergencies. Eg- Maharashtra’s ‘Maha Kavach’ app for
COVID-19 management.

9. Global Engagement – States actively engage in trade, commerce, education, and cultural exchanges Eg-Vibrant Gujarat
Summit.

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10. Driving Economic Growth: It fosters a healthy competition among states to attract investments, leading to increased
economic activity and job creation. States are incentivized to improve their infrastructure, business environment, and overall
economic efficiency.

11. Promoting Policy Innovation: States are encouraged to experiment with innovative policies and best practices, which can
then be adopted by other states or the central government.

12. Strengthening Federal Structure: By empowering states and giving them greater autonomy, competitive federalism strength-
ens the federal structure of India.

Issues
1. Unequal Resources and Capacities: States with limited resources or lower administrative capacities face difficulties in
competing effectively, widening the development gap.

2. Fiscal Imbalances – Wealthier states generate higher revenues, while poorer states rely more on central grants.

3. Disputes over the allocation of funds, particularly regarding GST compensation and the recommendations of the Finance
Commission, can create friction.

4. Potential for Unhealthy Competition: An excessive competition can lead to a “race to the bottom,” where states prioritize at-
tracting investment at the expense of environment or labor rights.

5. Performance-Based Funding marginalize weaker states, as they lack the institutional framework or infrastructure to meet
criteria, thus missing out on critical funding for development programs.

6. Short-Term Focus Over Long-Term Goals: prioritizing short-term reforms to improve rankings in ease of doing business, rather
than focusing on sustainable, long-term development goals

7. Policy Divergence: While competitive federalism promotes innovation and policy experimentation, it can lead to policy di-
vergence between states. This may create fragmentation in areas like taxation, labor laws, and environmental regulations

8. Lack of Coordination and Cooperation: Excessive competition may undermine cooperation between the central and state
governments, particularly in areas like inter-state water disputes or resource sharing (e.g., GST distribution), which may lead
to policy paralysis.

9. Political Factors and Populism: States may prioritize political gains over sound economic or governance reforms, especially
during elections, leading to populist measures that may undermine long-term economic stability and policy consistency.

10. Centralization vs. State Autonomy: A focus on competitive federalism may lead to the central government overriding states’
autonomy by introducing policies that force states to follow a centralized approach, undermining federal spirit and limiting local
governance flexibility.

11. Issues with the Divisible Pool of Tax – A shrinking tax pool and growing trust deficit between the Centre and States
have strained fiscal relations, making both cooperation and competition difficult.

12. Competition Over Human Capital – States with better education and healthcare attract talent from poorer states, leading
to brain drain.

Way Forward
1. Enhancing Collaboration and Best Practices – Revitalizing the Inter-State Council (Article 263) can provide a platform
for resolving disputes and promoting the exchange of best governance practices.
2. Greater Autonomy to States – Expanding state control over Concurrent List subjects will encourage healthy competi-
tion and region-specific policy innovation.

3. Performance-Based Fund Allocation – The Central Government can allocate funds based on state performance in key
areas such as infrastructure, education, healthcare, and ease of doing business.

4. Capacity Building Support – The Centre can assist states in governance improvements by providing resources, training,
and policy support to enhance their administrative and implementation capabilities.

5. Standardization and Benchmarking – Establishing sector-specific benchmarks can encourage states to meet or exceed
national standards in critical areas like education, healthcare, and digital governance.

6. Competitive-Cooperative Federalism – A balanced approach combining healthy competition with necessary coopera-
tion ensures that states strive for excellence while receiving essential support from the Centre

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Competitive Sub Federalism

Aspect Description
Definition A system where cities compete with each other and with states to improve governance, attract
investments, and enhance service delivery,
Approach Bottom-up approach, where development initiatives originate from cities, ensuring localized and
inclusive growth.
Key Objective Promote healthy competition among cities and states, ensuring overall national development while
reducing regional disparities.
Significance 1. Ensures inclusive growth by reducing inter-state and intra-state inequalities.

2. Strengthens local governance by empowering cities with responsibilities and resources.

3. Encourages best practices exchange across states and cities.

4. Encourages states and cities to work together, setting aside political influences for holistic
development.
Decentralisation Provides greater autonomy to local bodies in governance, allowing cities to design policies based on
their unique needs
Economic Growth Competition fosters economic efficiency, attracting more investment and streamlining
administrative processes
Policy Flexibility Moves away from one-size-fits-all policies, enabling tailored strategies for each state and city.
Eamples 1. Smart Cities Mission: Encourages cities to compete on urban development.

2. Swachh Bharat Rankings: Cities compete in sanitation performance.

3. Ease of Living Index: Ranks cities based on quality of life indicators.

Fiscal Federalism
It entails the division of responsibilities and resources between the central and state governments, with the Finance Commis-
sion playing a key role in recommending tax proceeds distribution.

Constitutional Provision
1. Article 270 – Defines the distribution of taxes collected by the Centre among states, reinforcing the Finance Commis-
sion’s role in determining revenue-sharing.

2. Article 275 – Empowers the Centre to provide grants-in-aid to states, especially those with special needs, ensuring a mini-
mum level of public services.

3. Article 280 – Establishes the Finance Commission, which recommends the distribution of tax revenues between the Cen-
tre and States every five years, considering factors like population and area.

4. Article 282 – Allows the Centre to allocate funds for state-specific projects, fostering cooperative federalism and collab-
orative governance.

5. Article 293 – Regulates state borrowing powers, requiring states to seek the Centre’s approval for new loans if they
have outstanding central debts, impacting fiscal autonomy.

6. Seventh Schedule – Defines the distribution of legislative subjects between the Centre and states, allowing both to impose
taxes and manage finances within their respective jurisdictions.

Changes in the last few years

1. Introduction of Goods and Services Tax (GST) – Replaced multiple indirect taxes with a unified tax system, creating a single
national tax structure.

2. 14th Finance Commission – Increased the state’s share in central taxes from 32% to 42%, enhancing fiscal autonomy.

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3. 15th Finance Commission – Recommended 41% devolution of central tax-

es to states, ensuring continued fiscal decentralization.

4. Implementation of Direct Benefit Transfer (DBT) – Eliminated intermediaries

in welfare and subsidy programs, ensuring direct cash transfers to benefi-
ciaries’ bank accounts.

5. Fiscal Responsibility and Budget Management (FRBM) Act – Established fis-

cal discipline measures by setting targets for fiscal deficit and public debt
management.
6. Adoption of NITI Aayog – Replaced the Planning Commission in 2015, pro-
moting cooperative federalism by allowing greater state participation in pol-
icy-making.

7. Special Category Status & Finance Commission Grants – Provided special

financial assistance to select states based on criteria such as hilly terrain,
low population density, and economic backwardness.

8. Restructuring of Centrally Sponsored Schemes (CSS) – Reduced the number of schemes and increased flexibility, allowing
states greater autonomy in implementation.

9. Empowerment of Local Governments – Strengthened Panchayats and Municipalities by enhancing financial allocations
and decision-making powers through Finance Commission recommendations.

10. Borrowing Limits and Conditionalities – Adjusted state borrowing limits, often linking them to fiscal performance and com-
pliance with central fiscal guidelines.

Significance
1. Equitable Resource Allocation – Ensures fair distribution of resources among states to reduce regional disparities.Eg-15th
Finance Commission allocated higher shares to populous and lower-income states like Bihar & Uttar Pradesh.

2. Decentralized Decision-Making – Grants states autonomy in taxation and welfare policies, enabling tailored responses to
regional needs.

3. Interstate Cooperation – Encourages state collaboration on fiscal matters.Eg- GST Council adjusted tax rates and granted
exemptions for medical supplies & vaccines during COVID-19.

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4. Incentivizing Efficient Use of Resources – Rewards states for optimizing resource use and implementing best fiscal prac-
tices.

5. Enhanced Accountability – Performance-based grants encourage states to demonstrate financial responsibility and fiscal
discipline.

6. Enhanced Service Delivery – Greater financial autonomy allows states to improve public services like healthcare & edu-
cation.

Issues
1. Grant Distribution Conflicts – Eg- Uttar Pradesh receives approximately ₹2,18,816.84 crore from the central pool, which is over
₹26,000 crore more than the combined share of the five southern states — Karnataka, Tamil Nadu, Telangana, Andhra Pradesh,
and Kerala.

2. Outdated Fiscal Powers – The 7th Schedule’s tax division is based on 1950s economic realities, limiting state autonomy.

3. Centralized Control Over Funds – Centrally Sponsored Schemes (CSS) restrict state financial control. Eg-from ₹2.04 lakh
crore in 2015-16 to ₹5.01 lakh crore in 2024-25.

4. Overuse of Cesses & Surcharges – Non-shareable levies reduce states› tax revenue. Surcharge and cess made 11% of tax
revenue of central government in 2011-12 to 23% as per 2023-24 BE

5. Increase in Conditional Transfers – Grants are linked to Union-defined conditions, limiting state policy flexibility.(Eg- Jal
Jeevan mission grants based on target coverage)

6. Rising Debt & Fiscal Imbalances – Centre’s debt surpasses FRBM Act limits, while states’ debt varies widely.(Eg-in FY25:
57% debt to gdp for union surpassing 40% FRBM target, while state’s borrowing limits depend on certain reforms like-Discom
reforms)

7. Borrowing Restrictions – Centre enforces a 3% SDP borrowing cap, limiting states’ fiscal flexibility

8. Politicization of Funds – Opposition-ruled states face delays in central funding, leading to accusations of fiscal discrimina-
tion.

9. GST Compensation Gaps – States lost tax independence, and delayed compensation worsened their fiscal position.

10. Mismatch Between Finance Commission & GST Council – Revenue projections fail to account for GST rate changes, caus-
ing budget shortfalls.

Way Forward
1. Increase State Revenue Share – The 16th Finance Commission should raise states’ tax share beyond 41%, addressing rev-
enue declines in states.

2. Reform CSS and Public Expenditure – Restructure CSS funding to restore state autonomy and establish a collaborative
mechanism for financial rationalization of Centrally Sponsored and Central Sector Schemes.

3. Resolve GST Anomalies – Address imbalances in IGST, bring petroleum products under GST, and ensure timely compen-
sation for revenue shortfalls to prevent financial strain on states.

4. Ease Borrowing Restrictions – The Centre should relax borrowing caps to allow states greater fiscal flexibility, particularly
during financial crises (Eg- Kerala facing loan approval constraints).

5. Reassess Taxation Powers – Revise Article 246 and the Seventh Schedule to restore state autonomy over local revenue
sources, strengthening fiscal federalism post-GST.

6. Strengthen Local Government Finances – Grant taxation powers to local self-governments, reducing dependence on state
grants and enabling them to generate independent revenue.

7. Reduce Dependence on Cesses & Surcharges – The Union should cut back on non-shareable cesses and surcharges to
ensure a more transparent and equitable tax revenue distribution

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Office of Governor
“The Governor is a constitutional head and the custodian of the Constitution within the state. His role is to ensure that the governance in
the state is carried out in accordance with the Constitution.” - Ambedkar

“The Governor is the key link between the Centre and the states. He serves as a bridge, ensuring that the dual system of governance
works in harmony within the constitutional framework.” - S. Radhakrishnan

“The Governor should act not as an agent of the Centre but as a constitutional head, whose actions are governed solely by the mandate
of the Constitution and the interests of the state.” - P. V. Rajamannar

Powers and Functions of the Governor

The Governor’s role is similar to the President of India, but without diplomatic, military, or emergency powers.

1. Executive Powers
· Appoints the Chief Minister(Article 164), Ministers, Advocate General(Article 165), State Election Commis-
sioner(Article 243K), and Public Service Commission members(Article 316).
· Oversees state executive actions and serves as Chancellor of state universities.
· Can recommend President’s Rule(Article 356) and act as the Centre’s representative during emergencies.
2. Legislative Powers
· Summons, prorogues, and addresses the legislature(Article 174).
· Appoints presiding officers and nominated members(Article 171).
· Can exercise veto over bills by assenting, withholding, returning, or reserving them for the President(Article
200).
3. Financial Powers
· Supervises the state budget and approves money bills(Article 199).
· Can make advances from the Contingency Fund(Article 267).
· Establishes a State Finance Commission every five years(Article 243I) to assess panchayats and municipalities’
financial health.
4. Judicial Powers
· Grants pardons, reprieves, and commutations (Article 161) for state offenses.
· Consulted on state high court judge appointments(Article 217).
· Oversees appointments, postings, and promotions of district and judicial officers(Article 233 and 234) in
consultation with the High Court and State Public Service Commission.

Issues pertaining to the office of governor

Case Studies

1. Tamil Nadu: In 2023, the Supreme Court expressed serious concern over Tamil Nadu Governor’s decision to
withhold assent to 10 Bills passed by the state legislature, some of which had been pending since 2020. Three days
later, all 10 Bills were returned for reconsideration, but no reasons were provided for the decision.

2. Kerala: The state government passed an ordinance to transfer the powers of Chancellor of state universities
from the Governor to the Chief Minister, but the Governor refused to sign it, deeming it unconstitutional.

3. West Bengal:Tensions between Mamata Banerjee and Governor Jagdeep Dhankhar in West Bengal arose over
issues like appointments, law and order, and the passing of Bills, with the Governor frequently criticizing the state’s
law and order, leading to public disputes.

4. Maharashtra:In 2019, MH elections despite the Shiv Sena-NCP-Congress alliance having the majority, Governor
invited BJP’s Devendra Fadnavis to form the government.Fadnavis was sworn in with Ajit Pawar as deputy, bypassing
the Shiv Sena-led alliance, escalating the political crisis.Floor test was ordered by Supreme Court.

5. Telangana:In March 2023, the Telangana government approached the Supreme Court regarding the former
Governor’s refusal to assent to 10 Bills passed by the state legislature. The Governor granted her assent shortly
afterward.

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The Centre appoints retired politicians,former Bureaucrats and party loyal-

ists, using the post as a political reward.
1. Affiliation-Based Appointments: Governors often have ties to the ruling party, raising concerns about impartiality and non-
partisanship.

2. Acting as Centre’s Agent – Governors promote ruling party interests. Often seen as a retirement package for politicians.

3. Disregard for Chief Minister’s Consultation – The convention of consulting CMs before appointing Governors is ignored;
now merely an intimation process.

4. Arbitrary Removal of Governors – Governors are removed when central governments change, as there is no impeachment
provision. Eg- in 1989, the V.P Singh government asked all Governors to resign.

5. Misuse of Bill Reservation Powers – Often opposition ruled states complaint of Governor’s misusing their discretionary
power under Article 200. (Eg-Tamil Nadu NEET Bill controversy)

6. Article 356 Misuse – Governors recommend President’s Rule prematurely, often targeting opposition states.

7. Constitutional Loopholes: The Constitution lacks guidelines for appointing the Chief Minister or dissolving the Assembly, and
doesn’t set a limit on how long a Governor can withhold assent to a Bill, causing friction.

SC on the position of Governor

1. Shamsher Singh vs. State of Punjab (1974) – Governor must act on the advice of the Council of Ministers, except where the
Constitution states otherwise.

2. S.R. Bommai vs. Union of India (1994) – Governor cannot dismiss a government arbitrarily under Article 356; President’s
Rule is subject to judicial review, and CM must be allowed a floor test.

3. P.U. Myllai Hlychho vs. State of Mizoram (2005) – Governor is a constitutional head and must act only on ministerial advice.

4. Rameshwar Prasad vs. Union of India (2006) – Governor’s actions are open to judicial review; Article 361(1) does not grant
immunity in cases of mala fide or unconstitutional acts.

5. B.P. Singhal vs. Union of India (2010) – President cannot remove Governors arbitrarily; change in central government is not
a valid reason for dismissal.

6. State of Arunachal Pradesh vs. Nabam Rebia (2016) – Governor must follow the Council of Ministers’ advice; cannot dis-
qualify the Speaker or summon Assembly unilaterally.

7. Government of NCT of Delhi vs. Union of India (2018) – Lt. Governor of Delhi must act on ministerial advice, except in mat-
ters of police, land, and public order.

8. Shivraj Singh Chouhan vs. Speaker, MP Assembly (2020) – Governor can order a floor test if objective material suggests
loss of majority, but such discretion is subject to judicial review.

9. In November 2023, the Supreme Court ruled that the Governor cannot delay the lawmaking process by the state legislature.
The phrase “as soon as possible” means the Governor must act on the Bill promptly and cannot withhold assent indefinitely. In
the same judgement it observed that if assent is withdrawn the Bill must be sent back to the assembly.

Recommendations of Various Commissions

1. Administrative Reforms Commission (1969): Governors should be non-partisan individuals with substantial public life
and administrative experience.

2. Sarkaria Commission (1988):

1. Appointment: Governors should be appointed after consulting the Chief Minister of State, should be eminent
and from outside the State, and not have recent intense political links.

2. Removal: Governors should be removed only for issues of morality, dignity, or constitutional propriety, with the
State Government consulted.

3. Article 200: When Bill is reserved by the Governor, the Centre should decide within 6 months.

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4. Article 356: Use sparingly, as a last resort in political crises, internal subversion, or non-compliance with Constitu-
tional directives.

3. National Commission to Review the Working of the Constitution (NCRWC) (2002): Governors should be appointed
by a committee including the Prime Minister, Home Minister, Lok Sabha Speaker, and the Chief Minister of State.

4. Second Administrative Reforms Commission (ARC) (2008): The Inter-State Council should provide guidelines for
governors’ discretionary powers.

5. Punchhi Commission (2010):

1. Term and Removal: Governors should have a fixed 5-year term and can be removed by impeachment by the
State Legislature; the doctrine of pleasure should be deleted.

2. Appointment: Reiterated Sarkaria Commission’s recommendations; Governors should not be active in politics.

3. Chancellorship: Governors should not be university chancellors.

4. Article 355 and 356: Amend to allow the Union Government to manage specific troubled areas, not entire states.

Way Forward
1. The state government should be consulted before the Governor’s appointment by the union government, as recommended by
the Sarkaria Commission.

2. The Supreme Court should direct the Union Ministry of Law and Justice to frame guidelines, in consultation with the Law
Commission of India, to ensure timely assent to bills and avoid delays.

3. Expert Consultation – Seek eminent jurists and intellectuals’ opinions to ensure ethical and impartial Governor appoint-
ments.

4. The word “otherwise” in Article 356 should be removed through a constitutional amendment to prevent misuse by Governors
in dissolving elected state governments.

5. Fixed Tenure – Establish a fixed term for Governors to maintain neutrality and prevent arbitrary removals.

6. The President of India should be empowered to recall Governors who violate constitutional duties under Article 200

7. Discretionary powers of Governors (outside those under the Fifth and Sixth Schedules) should be curtailed to prevent misuse
by the union government.

8. Adopt Global Best Practices – Learn from international models like the USA’s National Governors Association to improve
the office’s effectiveness.

9. State Legislature’s Role in Appointments – Form a panel elected by the state legislature for the President to select Gover-
nors, as suggested by Sardar Hukum Singh.

10. Governor as People’s Representative – Follow Dr. B.R. Ambedkar’s vision, ensuring Governors represent the state’s people,
not political interests.

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President’s Rule
President’s Rule ensures federal stability during crises and is governed by Articles 355 to 357 (Part XVIII) and Article 365 (Part
XIX) of the Indian Constitution.

1. Article 355 – Mandates the Union to protect states from external aggression and internal disturbances.

2. Article 356 – Allows the President to assume state government functions if the constitutional machinery fails.

3. Article 357 – Grants the President power to legislate for a state via ordinance when President’s Rule is in effect.

4. Article 365 – Specifies the consequences for a state failing to comply with Union directives, potentially leading to Presi-
dent’s Rule.

Impact of President’s Rule

1. State Executive:

1. Assumption of State Government Functions: The President gains authority to assume the functions of the state gov-
ernment and wield powers vested in the governor or any other executive authority.

2. Dismissal of Council of Ministers: The President reserves the right to dismiss the Council of Ministers headed by the
Chief Minister, transferring state administration responsibilities to the governor, assisted by the Chief Secretary, acting on
behalf of the President.

3. Utilization of State Consolidated Fund: The President is permitted to sanction expenditure from the state consolidated
fund when the Lok Sabha is not in session, pending Parliament’s approval.

4. Ordinance Promulgation: During parliamentary recess, the President holds the authority to promulgate ordinances for
state governance.

2. State Legislature:

1. Delegation of Legislative Power: In the absence of the state legislature, Parliament may delegate legislative authority to
the President or another designated authority appointed by the President.

2. Centralization of Legislative Powers: The President holds the prerogative to declare that the powers of the state legisla-
ture are to be exercised by the Parliament.

3. Suspension or Dissolution of State Legislative Assembly: The President is authorized to either suspend or dissolve the
state legislative assembly.

4. Parliament’s Authority Over State Matters: Parliament assumes the responsibility of passing state bills and budgets
during President’s Rule.

5. Continuity of Central Laws: Laws enacted by Parliament, the President, or designated authorities continue to remain
effective even after the imposition of President’s Rule.

3. Judiciary: The Constitutional position, status, powers, and functions of the State High Court remain unchanged even amidst
President›s Rule, preserving judicial autonomy within the state.

4. Fundamental Rights of Citizens: The fundamental Rights of citizens are not impacted upon use of Article 356.

Issues pertaining to Article 356

Dr. B.R. Ambedkar hoped that the drastic power under Article 356 would remain a Dead Letter and only be a last resort. However, as
H.V. Kamath notes, while Dr. Ambedkar is dead, Article 356 is still very much alive.

1. Ambiguity in Constitutional Breakdown – No clear definition, leading to misuse.

2. Political Misuse – Often invoked to remove opposition-led governments. Eg- Post-1977 dismissals.

3. Governor’s Influence – Reports recommending President’s Rule are often dictated by the Centre.

4. Denial of Opposition’s Role – Opposition parties are denied chances to form alternate governments. Eg- Uttarakhand,
2016.

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5. Subjective Application – Governor’s discretion under Article 356 allows arbitrary misuse as highlighted in SR Bommai
Case

6. Erosion of State Autonomy: The imposition of President’s Rule undermines the federal structure of the Constitution and vio-
lates the autonomy of state governments, which is essential for the functioning of India›s federal system.

7. Lack of Accountability: Under President’s Rule, the administration is directly managed by the Union Government, often
resulting in a lack of accountability to local people and elected representatives, potentially leading to inefficiencies in gover-
nance.

8. Prolonged Use of President’s Rule: Eg- The prolonged imposition of President’s Rule in Jammu and Kashmir until its
abrogation in 2019 hindered the normal functioning of local governance.

9. Judicial Review Limitations – Courts can check misuse, but vague evaluation criteria affect consistency.

10. Suspension of Democratic Process – State legislature is dissolved, concentrating power in the Governor’s hands.

11. Impact on Governance – Delays policy implementation and development due to administrative instability.

Key Recommendations:
1. Supreme Court Guidelines: In the S.R. Bommai case (1994), the Supreme Court of India set strict guidelines for invoking
Article 356:

1. Judicial Review: Proclamations of President’s Rule are subject to judicial review.

2. Exceptional Power: The power under Article 356 is exceptional and should be used only in special situations.

3. Relevant Material: The President’s satisfaction must be based on relevant material. Proclamations based on irrele-
vant grounds can be struck down.

4. Scope of Review: The court can assess the relevance but not the correctness or adequacy of the material.

5. Floor Test: The loss of confidence in the Legislative Assembly should be decided on the floor of the House before
unseating the State Council of Ministers.

6. Burden of Proof: The Centre must prove the existence of relevant material to justify the proclamation.

7. Assembly Suspension: The State Legislative Assembly can only be dissolved after parliamentary approval of the
proclamation. Until then, it can be suspended.

8. Restoration Power: If a proclamation is found unconstitutional, the court can restore the dismissed State Govern-
ment and revive the State Legislative Assembly.

9. Reactivation upon Failure: If Parliament does not approve the proclamation, the assembly will be reactivated.

10. Secularism: Secularism is a basic feature of the Constitution. A state government pursuing anti-secular policies can
face action under Article 356.

11. Party Politics: A new central government cannot dismiss state governments formed by other parties.

2. Sarkaria Commission Recommendations (1983)

1. Sparing Use: Article 356 should be used “very sparingly” and as a last resort.

2. Reasons for Proclamation: The President’s proclamation of President’s Rule should state reasons for the decision.

3. Warning to State Government: The Centre should warn the state government before imposing Article 356 when possi-
ble.

4. Avoid Political Scores: Article 356 should not be used to settle political scores.

5. Amendment for Dissolution: Amend Article 356 to allow the President to dissolve the state legislature only after parlia-
mentary approval.

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3. Punchhi Commission Recommendations

1. Specific Area Jurisdiction: The Centre should manage only troubled areas under its jurisdiction, for a brief period (up to
three months).

2. Amendments for Bommai Guidelines: Amend the article to incorporate guidelines from the SC in the Bommai case.

3. Localized Emergency: Introduce a ‘Localized Emergency’ to address issues at town/district levels without dissolving the
state legislature, fulfilling the Union’s duty to protect states as per Article 355.

4. National Commission to Review the Working of the Constitution

1. Mandatory Floor Test: A floor test should be compulsory.

2. Specific Reasons for Imposition: Provide clear reasons for invoking Article 356.

Inter-State Council
The Inter-State Council (ISC) is a Constitutionally mandated body established under Article 263 of the Constitution of India that facilitates
coordination and cooperation between the central government and the state governments. It was set up on the recommendation of the
Sarkaria Commission.

Mandate:
1. To enquire and advise upon inter-state disputes.

2. Investigating & discussing subjects in which states or the Centre and the states have a common interest.

3. Recommending on any matter for better coordination of policy & action.

4. Its decisions are advisory and not binding.

Issues
1. Infrequent Meetings – Despite a mandate for three meetings annually, the ISC has only met 11 times since 1990 (last meet-
ing in 2016)

2. Limited Agenda Scope – Discussions remain restricted to Sarkaria and Punchhi Commission recommendations, lacking
focus on emerging inter-state disputes and broader governance issues.

3. Non-Binding Recommendations – ISC recommendations are not enforceable, reducing its effectiveness in fostering nation-
al consensus (noted by the Eleventh Finance Commission).

4. Lack of Functional Autonomy – The absence of an independent professional secretariat limits ISC’s operational efficiency
(staff largely appointed by the Prime Minister, impacting neutrality).

5. Inadequate Role in Conflict Resolution – Despite being a key mechanism, ISC has failed to effectively mediate inter-state
disputes. Eg- River water disputes remain unresolved despite ISC discussions.

6. Weak Implementation of Reports – Several recommendations from Sarkaria and Punchhi Commissions remain unimple-
mented, reflecting ISC’s limited policy impact.

Way Forward
1. Constitutional Status – Amend Article 263 to make ISC a permanent constitutional body, ensuring regular meetings and
enforceable decisions.

2. Enhance Technical Expertise – Include non-partisan experts and specialists to strengthen policy research and dispute
resolution (as suggested by Sarkaria & Punchhi Commissions).

3. Establish a Dedicated Secretariat – Create a permanent, independent secretariat with officials from both the Centre and
states for efficient coordination. Eg- Canada’s Intergovernmental Conference Secretariat.

4. Expand ISC’s Scope – Empower ISC to review and approve Finance Commission terms of reference, ensuring greater state

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involvement in fiscal matters (recommended by the NCRWC).

5. Strengthen Dispute Resolution Role – Equip ISC with legal and mediation powers to resolve Centre-State and inter-state
conflicts, particularly in water sharing, taxation, and administrative jurisdiction.

6. Regularize Meetings & Implementation – Mandate minimum annual meetings, ensure binding resolutions, and enforce time-
ly implementation of recommendations.

Other Inter-State Institutions

1. Zonal Councils – Statutory bodies under the States Reorganisation Act, 1956, promoting interstate cooperation and co-
ordination.

1. Five Zonal Councils: Northern, Central, Eastern, Western, and Southern.

2. Chaired by the Union Home Minister, with state Chief Ministers as rotating Vice-Chairpersons.

3. North Eastern Council (NEC) – Established in 1972 under the North Eastern Council Act, 1972, focusing on region-
al development and coordination among North Eastern states.

2. Inter-State River Water Dispute Tribunals – Constituted under the Inter-State River Water Disputes Act, 1956, to resolve
water-sharing disputes between states.

3. Goods and Services Tax (GST) Council – A constitutional body under Article 279A, responsible for GST-related policy
decisions.

1. Includes Union Finance Minister, Union Revenue Minister, and State Finance Ministers.

2. Consensus-based decision-making ensures cooperative federalism and streamlined tax administration.

Areas of Friction
Inter-State Water Disputes
India has 14 major rivers, all of which are inter-state rivers. Despite constitutional and legal provisions aimed at resolving water disputes,
inter-state river disputes remain a persistent challenge to India’s federal system.

Constitutional and Legislative Provisions:

1. Article 262 provides for adjudication of inter-state river water disputes, allowing Parliament to:

1. Create laws for resolving disputes over inter-state river waters.

2. Exclude the jurisdiction of the Supreme Court and other courts from such disputes.

2. Legislative Acts under Article 262

River Boards Act, 1956

· Objective: Establishes advisory river boards for regulation and development of inter-state rivers.

· Formation: Central Government sets up boards at the request of state governments.

· Composition: Includes a Chairman and experts in relevant fields.

· Nature: Advisory, covering water conservation, irrigation, hydro-electric power, and pollution control.

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Inter State Water Dispute Act, 1956

· Objective: Empowers the Central Government to set up ad-hoc tribunals for inter-state water disputes.

· Procedure: State governments request the Central Government; if negotiations fail, the matter is referred to a tribu-
nal.

· Power of Tribunal: Decisions are final and binding; courts’ jurisdiction is excluded.

Functional Inter-State Water Disputes Tribunals

1. Krishna Water Disputes Tribunal-II (2004): Andhra Pradesh, Telangana, Maharashtra, Karnataka.

2. Mahanadi Water Disputes Tribunal (2018): Chhattisgarh, Odisha.

3. Mahadayi Water Disputes Tribunal (2010): Maharashtra, Goa, Karnataka.

4. Ravi and Beas Water Disputes Tribunal (1986): Punjab, Haryana, Rajasthan.

Reasons
1. British-era centralized decision-making under Government of India Acts (1919 & 1935) gave final water usage authority to
the Secretary of State, sidelining local concerns.

2. Pre-independence agreements were made without considering future state boundaries.Eg-Mysore Kingdom-Madras
Presidency agreements led to the Cauvery dispute.

3. State Reorganisation Act, 1956, redraw state boundaries without renegotiating earlier water-sharing agreements, creat-
ing disputes.

4. Seventh Schedule conflict: Centre regulates inter-state river disputes, but states control water supply & irrigation, lead-
ing to overlapping authority.Eg- Ravi-Beas dispute between Punjab & Haryana.

5. Tribunal delays: Article 262 empowers Parliament to form Water Disputes Tribunals, but no time limit leads to prolonged
conflicts .Eg- Cauvery Water Disputes Tribunal took 17 years to decide.

6. Overuse, pollution, and climate change have intensified disputes as states compete for diminishing resources.

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7. Agricultural & industrial demand: Rising irrigation & industry needs exceed available resources, leading to conflicts.
Eg- Narmada dispute among Gujarat, MP, Maharashtra.

8. Inconsistent data on river flow, usage, and availability prevents fair water-sharing decisions, leading to implementation
challenges.

9. Regional parties use disputes as electoral issues, reducing efforts for a permanent resolution.

10. Lack of political will to implement tribunal and Supreme Court rulings, as governments fear voter backlash.

Challenges in solving water disputes

1. Delayed Tribunal Awards – No fixed timeline for dispute resolution leads to prolonged conflicts.
2. Judicial Interference & Legal Complexity – Tribunal decisions are binding under Article 262, yet states challenge them
under Article 136, delaying implementation.
3. Lack of Multidisciplinary Approach – Tribunals lack hydrologists, environmentalists, and water management experts,
leading to legalistic rather than scientific resolutions.
4. Deficient Hydrological Data – Inconsistent river flow and usage data lead to disputed claims and implementation chal-
lenges.
5. Politicization of Water Disputes – Political parties use disputes as electoral tools, reducing efforts for a long-term solution.
6. State Reluctance to Cooperate – States ignore tribunal or court rulings, citing historical claims and regional interests,
causing non-compliance issues.
7. Weak Implementation Mechanism – Lack of a robust enforcement authority results in delays in executing tribunal and
court verdicts.
8. Climate Change & Water Scarcity – Rising demand, erratic rainfall, and depleting water sources intensify conflicts, making
long-term agreements difficult.
9. Inadequate Role of River Basin Management – No permanent water-sharing frameworks exist beyond tribunals, causing re-
current disputes instead of sustainable joint water management.

Way Forward
1. Set time limits for tribunals to deliver awards to prevent prolonged disputes.
2. Introduce fast-track mechanisms for urgent cases to ensure quicker resolution.
3. Restrict appeals by amending laws to limit the scope of Article 136 (Special Leave Petition).
4. Ensure finality of tribunal awards by strengthening their binding nature.
5. Include multidisciplinary experts in hydrology, environmental science, and engineering for informed decision-making.
6. Ensure access to scientific and technical expertise for better water management solutions.
7. Develop a centralized hydrological database for transparent and reliable water availability data.
8. Utilize remote sensing and GIS technology for accurate monitoring of river flows.
9. Foster political consensus to ensure cooperative dispute resolution.
10. Depoliticize water issues by encouraging a non-partisan approach to negotiation.
11. Empower river boards with decision-making authority and financial resources.
12. Establish regular review mechanisms to assess the implementation of tribunal awards.
13. Engage local communities and farmers in water management decisions.
14. Conduct awareness campaigns on equitable water sharing and conservation practices.
15. Encourage sustainable water management to balance ecological and human needs.
16. Develop climate adaptation strategies to mitigate the impact of changing water availability.

Interstate River Water Dispute Bill 2019

Dispute Resolution Committee (DRC): The Bill replaces the Tribunal mechanism with a DRC, which aims to resolve disputes ami-
cably through negotiations within one year (extendable by six months). The DRC will include experts and state representatives.

Tribunal: If the DRC fails, the dispute will be referred to the new Inter-State River Water Disputes Tribunal, which can have multiple
benches. Existing Tribunals will be dissolved, and pending cases transferred to the new one.

Tribunal Composition: The Tribunal will have a Chairperson, Vice-Chairperson, three judicial members, and three expert members,
all appointed by the central government. It may also appoint two experts from the Central Water Engineering Service as assessors.

Time Frames: The Tribunal must resolve disputes within two years, extendable by one year. If further consideration is required, the
report must be submitted within six months.

Binding Decision: The Tribunal’s decision is final and binding, with no requirement for publication in the official gazette. The central
government must make a scheme to enforce the Tribunal’s decision.

Data Bank: The central government will appoint an agency to maintain a national data bank for each river basin.

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Inter-State Border Disputes

Present state of Inter-State border disputes in India
· Belgaum border dispute: Karnataka and Maharashtra claim region. Mahajan Commission suggested village transfers.
Maharashtra rejected report. Dispute pending in Supreme Court. Recent clashes resolved with committee formation.

· Assam-Nagaland: Began in 1963 - Nagaland claims Naga-dominated areas in North Cachar and Nowgong (Nagaon) districts -
Efforts to resolve unsuccessful.Frequent clashes continue.

· Assam-Arunachal Pradesh: 804 km boundary - Dispute since Arunachal›s statehood in 1987 - Areas transferred to Assam
traditionally belonged to tribes - District-level committees formed in April 2022 -Namsai declaration signed to resolve disputes.

· Himachal Pradesh-Ladakh: Both Himachal Pradesh and UT of Ladakh claim Sarchu, an area between Leh and Manali.

· Haryana-Himachal Pradesh: The Parwanoo region is the major point of dispute between both states.

Causes of Inter-State Border Disputes

1. Colonial Legacy – British-era boundary demarcations continue to cause disputes.Eg-Northeast India border conflicts.

2. Flaws in State Reorganisation – Reorganisation based on language in the 1950s, using colonial maps, led to disputes.
Eg-Karnataka-Kerala over Kasargod, Maharashtra-Karnataka over Belgaum.
3. Resource Competition – States dispute border areas with economic potential .Eg- Himachal Pradesh & Ladakh over
Sarchu for tourism.

4. Regionalism & Ethnic

Identity – Ethnic and
linguistic aspira-
tions fuel claims over
territories.

5. Political Opportun-
ism – Political parties
exploit border is-
sues for electoral gains,
delaying resolutions.

6. Geographical Fac-
tors – Natural changes
in rivers and land-
scapes create shifting
boundaries.Eg- UP-
Bihar dispute due to
the changing Ganga
River course.

7. Passive Role of
Union Government –
The Centre acts as a
mediator rather than
proactively resolving
disputes.

8. Underutilized Resolu-
tion Mechanisms – In-
ter-State Council
(Article 263) and
Zonal Councils remain
ineffective in resolving
disputes.

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Impacts of Inter-state Border Disputes

1. Threat to Federalism – Prolonged disputes weaken Centre-State relations and challenge cooperative federalism, leading to
governance deadlocks.

2. Obstruction to Development – Disputed areas face delays in infrastructure projects, industrial growth, and public welfare
schemes, affecting overall progress.

3. Resource Misallocation – States divert funds and administrative focus to managing conflicts rather than investing in
economic and social development.

4. Rise in Ethnic & Regional Tensions – Border disputes fuel regionalism, ethnic clashes, and local protests, affecting law and
order.Eg-Assam-Mizoram clashes.

5. Political Manipulation – Political parties exploit border issues to gain votes, further delaying resolutions and increasing
tensions during elections.

6. Security Challenges – Border conflicts escalate into violent clashes, leading to deployment of security forces and in-
creased instability in disputed regions.

7. Legal & Administrative Burden – Prolonged litigation and lack of clear legal frameworks over disputed territories strain the
judiciary and administrative machinery.

8. Impact on Citizenship & Services – Residents in disputed areas face delays in access to government services, voting rights,
and identity documentation.

9. Economic Loss & Resource Exploitation – Natural resources remain untapped due to ownership disputes, hindering revenue
generation.

Way Forward
1. Constitutional Clarity on Jurisdiction – Amend laws to define Centre’s role in inter-state land disputes, ensuring binding
dispute resolution mechanisms.

2. Proactive Role of Union Government – The Centre should mediate actively rather than just facilitating dialogue, ensuring fast-
er conflict resolution.

3. Strengthening Inter-State Coordination Mechanisms – Revitalize Inter-State Councils (Article 263) & Zonal Councils to
effectively mediate and implement solutions.

4. Time-Bound Resolution Framework – Set fixed timelines for dispute resolution, preventing decades-long conflicts and en-
suring timely administrative action.

5. Use of Technology in Demarcation – Implement GIS mapping, remote sensing, and digital land records for scientific and
transparent boundary delineation.

6. Independent Land Dispute Tribunal – Establish a dedicated tribunal with legal, administrative, and technical experts to
resolve border conflicts impartially.

7. Political Consensus & Cooperation – Depoliticize border issues by fostering cross-party agreements and state coopera-
tion for amicable settlements.

8. Incentivizing Resolution – Provide financial & developmental incentives to states that resolve disputes amicably, encour-
aging peaceful negotiations.

9. Community Participation – Involve local stakeholders, tribal councils, and civil society in dispute resolution to prevent eth-
nic unrest and violence.

10. Legal & Administrative Reforms – Streamline land laws, modernize revenue records, and integrate border policing to en-
sure smooth governance in disputed areas.

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7th Schedule
Article 246 of the Constitution defines three lists in the Seventh Schedule: Union, State, and Concurrent. The central government can
legislate on the Union List, state governments on the State List, and both can legislate on the Concurrent List. In case of a conflict on the
Concurrent List, the central law prevails.

Need For Revision

Arguments against
1. Defined Roles Maintain Stability – The existing division of powers between the Union, State, and Concurrent
Lists ensures clear governance roles

2. Prevents Constitutional Conflicts – Clear separation of powers minimizes disputes between Centre and states, preserving
governance harmony.

3. Disrupts Federal Balance – Altering the 7th Schedule may weaken state autonomy, increasing central control.

4. Leads to Administrative Complexities – Any change requires massive restructuring of governance frameworks, leading
to delays, jurisdictional conflicts, and inefficiencies .

5. Strengthens National Unity – A strong central role has historically helped in national integration, particularly in security
matters.Eg- Centre’s role in handling Kashmir insurgency and cross-border terrorism.

6. Political Manipulation Risks – Frequent changes may allow ruling parties to alter power structures for political gains,
affecting governance neutrality.

7. Judicial and Bureaucratic Overload – A major revision would result in increased legal disputes, bureaucratic delays, and in-
terpretational challenges in governance.

8. State-Specific Needs might get Overlooked – Uniform changes to the State List may ignore regional governance priori-
ties, affecting decentralization and grassroots governance.

Arguments For
1. Outdated Framework – The 7th Schedule is based on the Government of India Act, 1935, and does not reflect modern
governance challenges. Eg-digital governance lacks clear classification.

2. Shifting State Responsibilities to the Centre – States frequently seek central assistance for state subjects, showing a de
facto shift in responsibilities

3. Need for Subject Reallocation – States argue for greater control over subjects currently under the Union and Concurrent
Lists.

4. Empowering Local Governments – Introducing a Local Government List would enhance grassroots governance and de-
centralization, crucial for urban planning and infrastructure development.

5. Addressing Centralization Trends – The transfer of education to the Concurrent List in 1976 increased central influence
over state matters, indicating a growing imbalance in federalism.

6. Clarifying Legislative Overlaps – The Concurrent List creates conflicts as both the Centre and states legislate on similar
matters, leading to disputes.Eg-conflicting laws on criminal justice and environmental regulations.

7. Accommodating Contemporary Challenges – Emerging fields like cybersecurity, AI governance, climate change, and
digital economy need clear legislative allocation, which the current 7th Schedule does not adequately address.

8. Ensuring Efficient Policy Implementation – With governance becoming more complex, reallocating subjects can prevent
delays, improve accountability, and optimize decision-making.

Way Forward
1. Reallocate Residuary Powers – Transfer residuary subjects to the Concurrent List, ensuring states have a say in emerg-
ing governance areas, as suggested by the Sarkaria Commission.

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2. Strengthen Centre-State Consultation – Institutionalize mandatory consultation with states before the Centre legislates
on Concurrent List subjects, in line with Punchhi and Venkatachaliah Commission recommendations.

3. Revitalize Inter-State Coordination Forums – Zonal Councils, Inter-State Council (Article 263), and GST Council should
be actively used for policy harmonization and resolving legislative conflicts.

4. Introduce a Local Government List – Establish a new list for local bodies to manage urban governance, digital infrastruc-
ture, and grassroots administration, ensuring effective decentralization.

5. Periodic Review & Updates – Conduct regular reassessments of the Union, State, and Concurrent Lists to remove
outdated subjects, accommodate modern issues like cybersecurity, AI, and climate change, and improve legislative clarity.

6. Reduce Legislative Overlaps – Minimize Centre-State conflicts by clearly demarcating responsibilities, particularly in
areas of criminal justice, environmental law, and taxation.

7. Enhance Federal Balance – Ensure that proposed changes do not undermine federalism by maintaining a healthy balance
between Union and State autonomy while empowering local governance.

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CHAPTER 8

Executives

PYQs
2014-Instances of President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be
a time limit specified for the President to accept/reject such petitions? Analyse. (12.5M)

2014- The size of the cabinet should be as big as governmental work justifies and as big as the Prime Minister can manage as a team.
How far the efficacy of a government then is inversely related to the size of the cabinet? Discuss. (12.5)

2022-Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of
ordinances by the Governor without placing them before the Legislature. (15M)

Quotes
Lord Morley described the Prime Minister as “primus inter pares” (first among equals) and “key stone of the cabinet arch”.

Ramsay Muir described the Prime Minister as “the steering wheel of the ship of the state.”

“The Government is the master of the country and he (Prime Minister) is the master of the Government.” H.R.G. Greaves

H.J. Laski: On the relationship between the Prime Minister and the cabinet, he said that the Prime Minister “is central to its formation,
central to its life, and central to its death”. He described him as “the pivot around which the entire governmental machinery revolves.”

“As the head of the Government, he (prime minister) is ‘primus inter pares’. But, it is today too modest an appreciation of the Prime
Minister’s position”. Herbert Marrison

Sir William Vernor Harcourt described the Prime Minister as ‘inter stellas luna minores’ (a moon among lesser stars).

“He is, rather, a sun around which planets revolve. He is the keystone of the constitution. All roads in the constitution lead to the Prime
Minister.” Ivor Jennings

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Constitutional Provisions:
1. Article 74: Provides for a Council of Ministers with the Prime Minister at the head to aid and advise the President.

2. Article 75: The Prime Minister is appointed by the President.

3. Article 75(1A): The total number of ministers, including the Prime Minister, should not exceed 15% of the total members of the
Lok Sabha.

4. Article 75(1B): Disqualification under the Anti-defection law also applies to ministerial positions.

5. Article 75(3): The CoM is collectively responsible to the Lok Sabha.

6. Article 75(4): Ministers, under the leadership of the PM, take the oath of office and secrecy.

7. Article 78: Duties of the Prime Minister regarding furnishing information to the President relating to the administration of the
affairs of the Union.

Powers and Functions:

1. With Respect to the President
· Link between the President and the Council of Ministers: The PM acts as the chief channel of communication
between the President and the Council of Ministers (Article 78).

· Advice on Appointment:

· Advises the President on the appointment of other ministers.

· Recommends the allocation and reshuffling of portfolios among ministers.

· Advisory Role:

· Advises the President on summoning and proroguing of Parliament and dissolution of the Lok Sabha.

· Advises in appointments of constitutional authorities (e.g., Attorney General, CAG, Election Commissioners,
etc.).

2. With Respect to the Council of Ministers

· Head of the Council: The Prime Minister is the head of the Council of Ministers and decides its agenda.

· Leader and Coordinator:

· Guides, directs, and coordinates the activities of all ministers.

· Can ask any minister to resign or recommend dismissal to the President.

· Chairman of Meetings: Presides over meetings of the Cabinet and influences decisions.

3. With Respect to the Parliament

· Leader of the House:

· Leader of the Lok Sabha (if a member) or Rajya Sabha otherwise.

· Speaks on behalf of the government in Parliament.

· Policy Announcements: Makes major policy statements and explains government decisions.

· Parliamentary Responsibility: Ensures collective responsibility of the Council of Ministers to the Lok Sabha (Article
75).

· Answerability: Faces questions and motions in the Parliament and must maintain confidence of the majority in Lok
Sabha.

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4. Other Powers and Functions

· Crisis Leadership: Plays a central role in times of emergency or national crisis.

· Foreign Affairs: Plays a key role in foreign policy decisions and international representation.

· Party Leadership: Generally the leader of the majority party or coalition, influencing political and electoral strategies.

· Appointments to Key Posts: Plays a key role in appointments to various high-level committees and commissions.

· Administrative Head: Exercises significant influence over civil services and administrative machinery.

Position of PM – Evolution
1. Constitutional Design and Early Intent
· Parliamentary System Adoption: India adopted the Westminster model, making the Prime Minister the real execu-
tive authority, while the President remains a nominal head.

· Primus Inter Pares (First Among Equals): Constitutionally, the PM is the primus inter pares in the Council of
Ministers, meaning all ministers are equal, but the PM has a coordinating and leading role.

· Article 74 & 75: Enshrines collective responsibility and the PM’s central role in advising the President and coordinat-
ing ministerial functions.

2. Nehruvian Era (1947–1964): Consolidation of Power

· Jawaharlal Nehru shaped the office into a dominant posit