Indian Constitution Overview

The Preamble of the Constitution

• The Preamble of the Constitution is now considered part of the Constitution.
• It plays an important role in interpreting statutes and provisions of the Constitution.
• The Preamble is not the supreme power or source of any restriction or prohibition.

Salient Features of the Indian Constitution

• The Indian Constitution is the lengthiest written constitution in the world.
• It's a comprehensive, elaborate, and detailed document.
• It includes both justiciable and non-justiciable rights.

Sources of the Indian Constitution

• The Indian Constitution borrowed provisions from various global constitutions.
• Dr. B.R. Ambedkar stated they "ransacked all the known Constitutions of the world".
• The structural part derives from the Government of India Act of 1935.
• The philosophical part draws inspiration from the American and Irish Constitutions.
• The political part borrows elements from the British Constitution.

Rigidity and Flexibility of the Indian Constitution

• The Indian Constitution blends rigidity and flexibility in its amending procedure.
• It requires a special procedure for amendment, similar to the American Constitution.
• It can be amended in the same manner as ordinary laws, similar to the British Constitution.

Federal System with Unitary Bias

• The Constitution establishes a federal system of government with a unitary bias.
• The Parliament has the power to propose constitutional amendments.
• State legislatures cannot introduce bills or proposals for constitutional change, except for a resolution regarding legislative councils.
• There's no set time limit for state legislatures to approve amendments and it's unclear if they can revoke their approval.
• There's no provision for a joint session if Parliament's houses disagree on a Constitutional Amendment Bill.
• The amendment procedure's provisions are ambiguous, leading to court cases.

Local Authorities

• The term "Local Authority" includes:
  • Local Government: Municipal corporations, improvement trusts, district boards, mining settlement authorities, and other bodies related to local self-government or village administration.
  • Village Panchayat: Village panchayats are considered Local Authorities.
  • Other Authorities: The term "other authorities" is undefined and its interpretation has been evolving through judicial decisions.

The Concept of State under Article 12

• The term "State" in Article 12 includes entities under the control of the government, but not the Judiciary.
• This concept is broader than just the government and includes government departments, local bodies, legislatures, etc.
• There's no rigid test for determining if a body is considered "State," but it should be financially, functionally, and administratively dominated by the government.

Article 21: Right to Life and Personal Liberty

• Article 21 guarantees "Protection of Life and Personal Liberty."
• It protects both citizens and foreigners.
• It includes the right to life and the right to personal liberty.
• This right is protected from the State, including government departments, local bodies, legislatures, etc.

Interpretation of Article 21

• The scope of Article 21 has evolved through judicial decisions.
• AK Gopalan Case (1950): The Supreme Court initially held that the expression "procedure established by law" embodied the British concept of personal liberty.
• Maneka Gandhi vs. Union of India Case (1978): This case expanded the scope, stating that any procedure under law for the deprivation of life or liberty should not be unfair, unreasonable, or arbitrary.
• Francis Coralie Mullin vs. Union Territory of Delhi (1981): The court emphasized that any procedure for depriving someone's rights should be reasonable, fair, and just.
• Olga Tellis vs. Bombay Municipal Corporation (1985): The court reiterated the need for any procedure that would deprive a person's fundamental rights to conform to fairness and justice.

Right to Equality under Article 14

• Article 14 states the State "shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
• It ensures equal treatment for all citizens, regardless of their status.

Equality Before the Law

• Equality before the law means everyone is treated equally, without special privileges.
• This principle is also known as "legal equality."

The Hindu Marriage Act

• It provides for civil marriages outside of religious personal laws.
• It offers a framework for marriage dissolution and ensures equality for women in marital matters.

Judicial Interventions in Muslim Personal Law

• Shah Bano case (1985): The Supreme Court ruled in favor of a divorced Muslim woman, Shah Bano, based on the provision for maintenance in the All India Criminal Code. This led to recommendations for a uniform civil code.
• Daniel Latifi Case: The Muslim Women’s Act (MWA) was challenged, but the Supreme Court affirmed its constitutionality, ensuring divorced Muslim women's right to maintenance for life or until remarriage.
• Sarla Mudgal Case: The court clarified that a Hindu marriage solemnized under Hindu law could only be dissolved based on grounds specified in the Hindu Marriage Act. Conversion to Islam and marrying again wouldn't automatically dissolve the Hindu marriage.
• John Vallamattom Case: A priest challenged the discriminatory practices within the Church, highlighting the need for equality and non-discrimination.

Conclusion

• Constitutional amendments are necessary for adapting the Constitution to changing circumstances and societal evolution.
• It ensures harmony between the constitutional framework and government policies.
• The need for a Joint Parliamentary Committee for in-depth debate and consensus-building on constitutional amendments.
• The proposal for a dedicated committee for considering constitutional amendments.
• The emphasis that amendments should be confined to areas that do not alter the core philosophy of the Constitution.

This quiz covers key aspects of the Indian Constitution, including its Preamble, salient features, and sources of inspiration. Test your knowledge on why the Indian Constitution is unique among the world's constitutions and the various influences that shaped it. Explore the balance between rigidity and flexibility in constitutional law.