Salient Features of the Constitution
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Preamble | Fundamental Rights | Directive Principles of State Policy | Fundamental Duties
2.1 Preamble
Text (as amended)
"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 twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
(Words in bold caps — "SOCIALIST," "SECULAR," and "unity and integrity of the Nation" — were inserted later; see below.)
Key Facts
- The Preamble is based on the Objectives Resolution drafted and moved by Jawaharlal Nehru (1946).
- N.A. Palkhivala called the Preamble the "identity card of the Constitution."
- The Preamble has been amended only once — by the 42nd Constitutional Amendment Act, 1976, which added three words: "Socialist," "Secular," and "Integrity" (as in "unity and integrity of the Nation").
- Is the Preamble part of the Constitution? In Berubari Union case (1960), the Supreme Court held the Preamble is NOT part of the Constitution. This was overruled in Kesavananda Bharati case (1973), where the Court held the Preamble IS part of the Constitution, but it is not enforceable in a court of law (i.e., not justiciable) — meaning you cannot sue solely on the basis of a Preamble violation.
- The Preamble can be amended under Article 368, but the amendment cannot alter the "basic structure" of the Constitution — this principle also emerged from Kesavananda Bharati (1973).
Key Terms Explained
| Term | Meaning |
|---|---|
| Sovereign | India is internally and externally free to determine its own affairs, subject to no external authority |
| Socialist | Added by 42nd Amendment (1976); reflects commitment to social and economic equality — India follows "democratic socialism," not state/communist socialism |
| Secular | Added by 42nd Amendment (1976); State has no official religion, treats all religions equally |
| Democratic | Government derives authority from the will of the people, expressed through periodic elections |
| Republic | Head of State (President) is elected, not hereditary |
2.2 Fundamental Rights (Part III, Articles 12–35)
Overview
Fundamental Rights are called the "Magna Carta of India" and form Part III of the Constitution. They are justiciable (enforceable in courts), distinguishing them from the non-justiciable Directive Principles.
The Six Fundamental Rights (Originally Seven)
| # | Right | Articles |
|---|---|---|
| 1 | Right to Equality | 14–18 |
| 2 | Right to Freedom | 19–22 |
| 3 | Right against Exploitation | 23–24 |
| 4 | Right to Freedom of Religion | 25–28 |
| 5 | Right to Cultural and Educational Rights | 29–30 |
| 6 | Right to Constitutional Remedies | 32–35 |
(Originally, "Right to Property" — Article 31 — was a seventh Fundamental Right. It was removed by the 44th Amendment Act, 1978 and downgraded to a mere legal right under Article 300A in Part XII.)
Article-by-Article Highlights
- Article 12: Defines "State" (includes government, Parliament, state legislatures, local authorities, and other statutory/authority bodies) for purposes of Part III.
- Article 13: Any law inconsistent with Fundamental Rights is void; empowers judicial review.
- Article 14: Equality before law and equal protection of laws.
- Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth; allows special provisions for women, children, and socially/educationally backward classes.
- Article 16: Equality of opportunity in public employment.
- Article 17: Abolishes untouchability.
- Article 18: Abolishes titles (except military/academic distinctions).
- Article 19: Six freedoms — speech and expression, assembly, association, movement, residence, profession/occupation. (Freedom to acquire/hold/dispose of property was originally here too but was deleted by the 44th Amendment.)
- Article 20: Protection in respect of conviction for offences (no ex-post-facto law, no double jeopardy, no self-incrimination).
- Article 21: Protection of life and personal liberty — "No person shall be deprived of his life or personal liberty except according to procedure established by law." Judicially expanded to include right to privacy, right to livelihood, right to a clean environment, right to a speedy trial, and more.
- Article 21A: Right to Education (free and compulsory education for children aged 6–14) — inserted by the 86th Amendment Act, 2002.
- Article 22: Protection against arrest and detention in certain cases.
- Articles 23–24: Prohibit human trafficking, forced labour (23), and employment of children below 14 in hazardous occupations (24).
- Articles 25–28: Freedom of conscience and free profession, practice, propagation of religion; freedom to manage religious affairs; freedom from taxation for promotion of a religion; freedom from religious instruction in state-funded educational institutions.
- Articles 29–30: Protection of interests of minorities; right of minorities to establish and administer educational institutions.
- Article 32: Right to Constitutional Remedies — allows direct approach to the Supreme Court for enforcement of Fundamental Rights. Dr. B.R. Ambedkar called this the "heart and soul" of the Constitution. (Article 226 provides a parallel, and even wider, remedy through High Courts.)
Writs under Article 32/226
| Writ | Purpose |
|---|---|
| Habeas Corpus | "To have the body" — produces a detained person before the court to examine legality of detention |
| Mandamus | "We command" — directs a public authority to perform its duty |
| Prohibition | Issued by a higher court to a lower court/tribunal to stop proceedings exceeding jurisdiction |
| Certiorari | Quashes an order already passed by a lower court/tribunal acting without/beyond jurisdiction |
| Quo Warranto | "By what authority" — questions the legality of a person's claim to a public office |
Additional Depth: Key Sub-Clauses and Amendments to Fundamental Rights
- Article 15(3): Special provisions for women and children (basis for maternity benefits, reservation in education).
- Article 15(4): Special provisions for socially/educationally backward classes or SC/ST (inserted by the 1st Amendment, 1951, in response to the Champakam Dorairajan case).
- Article 15(5): Reservation in private educational institutions (inserted by the 93rd Amendment, 2005).
- Article 15(6): Reservation for Economically Weaker Sections (EWS), up to 10%, in educational institutions (inserted by the 103rd Amendment, 2019).
- Article 16(4): Reservation in public employment for backward classes not adequately represented.
- Article 16(4A)/(4B): Reservation in promotion for SC/ST (inserted by the 77th and 81st Amendments respectively).
- Article 16(6): EWS reservation in public employment (103rd Amendment, 2019, parallel to Article 15(6)).
- Article 19(1) — the six freedoms (originally seven; freedom to acquire/hold/dispose of property was deleted by the 44th Amendment, 1978): (a) speech and expression; (b) assembly (peaceable, without arms); (c) association/union/cooperative societies; (d) movement throughout India; (e) residence and settlement in any part of India; (g) practice any profession, occupation, trade, or business. (Note: sub-clause (f), the property right, was omitted in 1978.)
- Reasonable restrictions on Article 19 rights can be imposed by the State on grounds such as sovereignty/integrity of India, security of the State, public order, decency/morality, contempt of court, defamation, or incitement to an offence (Article 19(2)–(6)) — restrictions must be "reasonable," a standard subject to judicial review.
- Article 20: Three protections — (1) no conviction except for violation of a law in force at the time of the act (no ex-post-facto criminal law), and no penalty greater than what was prescribed at the time; (2) no double jeopardy (no prosecution and punishment more than once for the same offence); (3) no compulsion to be a witness against oneself (protection against self-incrimination).
- Article 22: Protects against arbitrary arrest/detention — right to be informed of grounds of arrest, right to consult a lawyer, right to be produced before a magistrate within 24 hours. However, these protections do NOT apply to an enemy alien, or to a person arrested/detained under a preventive detention law — for whom a separate (weaker) set of safeguards applies, and detention beyond 3 months requires an Advisory Board's opinion.
Additional Landmark Cases
- A.K. Gopalan v. State of Madras (1950): Early, narrow interpretation — held Articles 14, 19, and 21 were mutually exclusive (each to be tested independently), later overturned by Maneka Gandhi (1978), which read them together as an interconnected "golden triangle."
- Golaknath v. State of Punjab (1967): Held Parliament cannot amend Fundamental Rights at all — later overruled (in effect) by Kesavananda Bharati (1973), which allowed amendment of Fundamental Rights subject to the basic structure limitation.
- Indra Sawhney v. Union of India (1992) ("Mandal Commission case"): Upheld OBC reservation in public employment; capped total reservations at 50% (with exceptions in extraordinary circumstances); introduced the "creamy layer" exclusion concept for OBC reservation.
- Shayara Bano v. Union of India (2017): Declared the practice of "instant" Triple Talaq unconstitutional, as violative of Article 14.
- Navtej Singh Johar v. Union of India (2018): Read down Section 377 of the IPC to decriminalize consensual homosexual acts between adults, as violative of Articles 14, 15, 19, and 21.
Landmark Cases
- Kesavananda Bharati v. State of Kerala (1973): Established the "Basic Structure Doctrine" — Parliament can amend any part of the Constitution (including Fundamental Rights) but cannot alter its "basic structure."
- Maneka Gandhi v. Union of India (1978): Expanded Article 21 — "procedure established by law" must be fair, just, and reasonable, not arbitrary; linked Articles 14, 19, and 21 together ("golden triangle").
- Minerva Mills v. Union of India (1980): Reaffirmed the basic structure doctrine; held that the harmony between Fundamental Rights and DPSP is itself part of the basic structure.
- Justice K.S. Puttaswamy v. Union of India (2017): Declared the Right to Privacy a Fundamental Right under Article 21.
Common Traps
- Fundamental Rights are available to citizens only in some cases (e.g., Articles 15, 16, 19, 29, 30) but to all persons (including foreigners) in others (e.g., Articles 14, 20, 21, 21A, 22, 25).
- Right to Property is now only a legal right (Article 300A), not a Fundamental Right — a very frequently tested distinction.
- Fundamental Rights are not absolute; reasonable restrictions can be imposed by the State (e.g., under Article 19(2)–(6)).
2.3 Directive Principles of State Policy (Part IV, Articles 36–51)
Overview
DPSPs are guidelines for governance, non-justiciable (not enforceable in courts), but described in Article 37 as "fundamental in the governance of the country." Borrowed primarily from the Irish Constitution.
Classification (Traditional, for study purposes)
| Category | Examples (Articles) |
|---|---|
| Socialist Principles | Art. 38 (social order for welfare), Art. 39 (equal pay, distribution of resources), Art. 41 (right to work, education, public assistance), Art. 42 (humane work conditions, maternity relief), Art. 43 (living wage) |
| Gandhian Principles | Art. 40 (village panchayats), Art. 43 (cottage industries), Art. 43B (cooperative societies), Art. 46 (welfare of SC/ST/OBC), Art. 47 (prohibition of intoxicating drinks/drugs), Art. 48 (prohibition of cow slaughter, scientific agriculture) |
| Liberal-Intellectual Principles | Art. 44 (Uniform Civil Code), Art. 45 (early childhood care and education), Art. 48A (protection of environment and wildlife), Art. 49 (protection of monuments), Art. 50 (separation of judiciary from executive), Art. 51 (promotion of international peace) |
Key Additions via Amendments
- Article 39A (Free legal aid) — added by the 42nd Amendment, 1976.
- Article 43A (Workers' participation in management) — added by the 42nd Amendment, 1976.
- Article 48A (Protection of environment, forests, and wildlife) — added by the 42nd Amendment, 1976.
- Article 43B (Promotion of cooperative societies) — added by the 97th Amendment Act, 2011.
Relationship between Fundamental Rights and DPSP
- If there is a conflict, Fundamental Rights generally prevail, but courts strive to harmonize both.
- Champakam Dorairajan case (1951): Fundamental Rights held to prevail over DPSP in case of conflict — prompted the First Amendment (1951).
- Minerva Mills (1980): Held that neither Fundamental Rights nor DPSP have absolute primacy over the other; harmony between the two is part of the "basic structure."
2.4 Fundamental Duties (Part IVA, Article 51A)
Overview
- Added by the 42nd Constitutional Amendment Act, 1976, on the recommendation of the Swaran Singh Committee.
- Modelled on Article 29 of the Soviet (USSR) Constitution.
- Originally 10 duties; an 11th duty was added by the 86th Amendment Act, 2002 — requiring parents/guardians to provide opportunities for education to their child/ward between ages 6–14.
- Non-justiciable — like DPSP, they cannot be enforced directly through courts, though courts have referenced them while interpreting other constitutional provisions.
- Applicable only to citizens of India (unlike some Fundamental Rights, which extend to all persons).
The 11 Fundamental Duties (Article 51A) — It shall be the duty of every citizen of India:
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired the national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of the country's composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity; (k) (added by 86th Amendment, 2002) to provide opportunities for education to his/her child, or ward between the ages of 6 and 14 years.
Common Traps
- Fundamental Duties are addressed only to citizens, not to the State (unlike DPSP, which are directions to the State).
- They are non-justiciable, but courts CAN and DO refer to them for interpretive guidance.
- The 86th Amendment simultaneously (a) inserted Article 21A (Right to Education as a Fundamental Right), (b) added the 11th Fundamental Duty, and (c) changed the wording of Article 45 (which now deals with early childhood care) — a triple-linked fact often tested together.
Solved Example (UPSC Prelims-Format MCQ)
Q1. Which of the following words were added to the Preamble of the Indian Constitution by the 42nd Amendment Act, 1976?
- Sovereign
- Socialist
- Secular
- Republic
Select the correct answer using the code below: (a) 1 and 4 only (b) 2 and 3 only (c) 1, 2 and 3 only (d) 2, 3 and 4 only Answer: (b) 2 and 3 only — "Socialist" and "Secular" were added in 1976; "Sovereign" and "Republic" were part of the original 1949 Preamble.
Q2. The Right to Property was converted from a Fundamental Right to a legal right by which Amendment? (a) 42nd Amendment (b) 44th Amendment (c) 86th Amendment (d) 97th Amendment Answer: (b) 44th Amendment, 1978
Practice Set (Exam-Format MCQs)
Q1. In which case did the Supreme Court first hold that the Preamble is not a part of the Constitution? (a) Kesavananda Bharati case (b) Berubari Union case (c) Minerva Mills case (d) Golaknath case Answer: (b) — This was later overruled in Kesavananda Bharati (1973), which held the Preamble IS part of the Constitution but not enforceable in court.
Q2. Consider the following statements about Fundamental Rights:
- All Fundamental Rights are available to both citizens and foreigners.
- Article 32 empowers the Supreme Court to issue writs for enforcement of Fundamental Rights.
- The Right to Constitutional Remedies is itself a Fundamental Right.
Which of the statements given above is/are correct? (a) 1 only (b) 2 and 3 only (c) 1 and 2 only (d) 1, 2 and 3 Answer: (b) — Statement 1 is incorrect; some rights (e.g., Article 19) are available only to citizens.
Q3. The concept of Directive Principles of State Policy was borrowed from the Constitution of which country? (a) United States (b) Ireland (c) Canada (d) Australia Answer: (b)
Q4. How many Fundamental Duties are currently listed under Article 51A? (a) 9 (b) 10 (c) 11 (d) 12 Answer: (c) 11
Q5. Which Committee recommended the incorporation of Fundamental Duties into the Indian Constitution? (a) Swaran Singh Committee (b) Sarkaria Commission (c) Balwant Rai Mehta Committee (d) Ashok Mehta Committee Answer: (a)
Q6. Match the following DPSP articles with their category:
- Article 40 (Village Panchayats) — A. Socialist Principle
- Article 44 (Uniform Civil Code) — B. Gandhian Principle
- Article 39 (Equal pay for equal work) — C. Liberal-Intellectual Principle
(a) 1-A, 2-B, 3-C (b) 1-B, 2-C, 3-A (c) 1-C, 2-A, 3-B (d) 1-A, 2-C, 3-B Answer: (b) — Article 40 (village panchayats) is Gandhian; Article 44 (UCC) is Liberal-Intellectual; Article 39 (equal pay) is Socialist.
Q7. Which Amendment Act introduced Article 15(6), providing for EWS reservation in educational institutions? (a) 93rd Amendment (b) 97th Amendment (c) 103rd Amendment (d) 104th Amendment Answer: (c)
Q8. In which case did the Supreme Court hold that Parliament CANNOT amend Fundamental Rights at all — a position later modified by Kesavananda Bharati? (a) A.K. Gopalan case (b) Golaknath case (c) Minerva Mills case (d) Maneka Gandhi case Answer: (b)
Q9. The "creamy layer" concept, used to exclude the more affluent sections of OBCs from reservation benefits, emerged from which case? (a) Champakam Dorairajan case (b) Indra Sawhney case (c) Kesavananda Bharati case (d) M. Nagaraj case Answer: (b)
Q10. Consider the following statements regarding the Right to Constitutional Remedies:
- It is provided under Article 32 of the Constitution.
- It empowers only the Supreme Court, not High Courts, to issue writs.
- Dr. B.R. Ambedkar called it the "heart and soul" of the Constitution.
Which of the statements given above is/are correct? (a) 1 and 3 only (b) 2 and 3 only (c) 1 only (d) 1, 2 and 3 Answer: (a) — Statement 2 is incorrect; High Courts also have writ jurisdiction under Article 226, which is in fact wider in scope than Article 32.
Q11. Which writ is issued to question the legality of a person's claim to a public office? (a) Mandamus (b) Certiorari (c) Quo Warranto (d) Prohibition Answer: (c)
Q12. The maximum ceiling on total reservations, as laid down in the Indra Sawhney case, is: (a) 40% (b) 49.5% (c) 50% (d) 60% Answer: (c) — with the caveat that this ceiling was itself breached by the 103rd Amendment's separate 10% EWS quota, upheld by the Supreme Court in a later (2022) judgment on different reasoning specific to economic criteria.
Q13. Which Article deals with the protection against ex-post-facto criminal laws and double jeopardy? (a) Article 19 (b) Article 20 (c) Article 21 (d) Article 22 Answer: (b)
Q14. The Right to Education (Article 21A) was inserted into the Constitution by which Amendment? (a) 42nd Amendment (b) 44th Amendment (c) 86th Amendment (d) 93rd Amendment Answer: (c)
Q15. Which case expanded Article 21 to hold that "procedure established by law" must be fair, just, and reasonable? (a) A.K. Gopalan case (b) Maneka Gandhi case (c) Kesavananda Bharati case (d) Golaknath case Answer: (b)
Q16. Consider the following statements about Fundamental Duties:
- They are enforceable in a court of law.
- They apply to both citizens and foreigners.
- They were inspired by the Constitution of the erstwhile USSR.
Which of the statements given above is/are correct? (a) 3 only (b) 1 and 3 only (c) 2 and 3 only (d) 1, 2 and 3 Answer: (a) — Statements 1 and 2 are both incorrect; Fundamental Duties are non-justiciable and apply only to citizens.
Q17. The Right to Property, after its removal from Part III, currently exists as a legal right under which Article? (a) Article 21 (b) Article 31A (c) Article 300A (d) Article 361 Answer: (c)
Q18. Which of the following pairs is INCORRECTLY matched (Article — Subject Matter)? (a) Article 17 — Abolition of untouchability (b) Article 18 — Abolition of titles (c) Article 21A — Right to property (d) Article 24 — Prohibition of child labour in hazardous industries Answer: (c) — Article 21A deals with the Right to Education, not property.
Q19. In Navtej Singh Johar v. Union of India (2018), the Supreme Court read down which provision of the Indian Penal Code? (a) Section 124A (b) Section 295A (c) Section 377 (d) Section 498A Answer: (c)
Q20. The concept of reservation in promotions for SC/ST employees was introduced through which Amendment(s)? (a) 73rd and 74th Amendments (b) 77th and 81st Amendments (c) 86th and 93rd Amendments (d) 97th and 103rd Amendments Answer: (b)
Chapter 2 Quick Revision Sheet
- Preamble: Amended only once (42nd Amendment, 1976 — added "Socialist," "Secular," "Integrity"); part of Constitution but non-justiciable (Kesavananda Bharati, 1973, overruling Berubari, 1960).
- Fundamental Rights: Part III, Articles 12–35; six categories (originally seven — property right removed by 44th Amendment, 1978, now Article 300A legal right); Article 32 = "heart and soul" (Ambedkar); five writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto).
- DPSP: Part IV, Articles 36–51; non-justiciable but fundamental to governance; borrowed from Ireland; classified as Socialist/Gandhian/Liberal-Intellectual.
- Fundamental Duties: Part IVA, Article 51A; added by 42nd Amendment (1976) on Swaran Singh Committee's recommendation; originally 10, now 11 (86th Amendment, 2002 added the education duty); borrowed from USSR Constitution; apply only to citizens; non-justiciable.
- Basic Structure Doctrine: Established in Kesavananda Bharati (1973) — Parliament's amending power under Article 368 cannot destroy the Constitution's basic structure.