CU-BA SEM III-Political Science-Second Draft-converted

Before that Berubari judgement in 1966 stated that Preamble was not part of the Constitution. • The Kesavanand Bharati judgement reversed the Berubari judgement and established that the Preamble is part of the Constitution. • The original Preamble did not mention “Secularism”, “Socialism”, and “and Integrity”. They were inserted in it through the 42nd Constitutional Amendment. The Bhommai case (1994) ruled that secularism in the Preamble was part of basic structure of the Constitution. 2.6 KEYWORDS • Concurrent- existing, happening, or done at the same time. • Provincial- of or concerning a province of a country or empire. • Accession: The act of coming into the possession of a right, title, office, etc. • Accountability: A requirement to offer explanation for an action; responsibility for one's action (implies that there is someone to whom one is responsible). • Ad hoc: For particular purpose only: ‘an ad hoc committee’. • Administration: The function of a political state in exercising its governmental duties. • Affirmation: Asserting something strongly; more likely in constitutions to mean the equivalent of an oath but involving no religious element. • African Charter on Human and People's Rights: African Charter on Human and People's Rights is also known as the “Banjul charter”. It is an international human rights instrument that is intended to promote and protect human rights on the African continent. The charter came into effect on October 21st 1986. The African Commission of Human and People's Rights which was set up in 1987 in Banjul, the Gambia, is responsible for oversight and interpretation of the charter. 51 CU IDOL SELF LEARNING MATERIAL (SLM)

• African Charter on the Rights and Welfare of the Child: The African Charter on the Rights and Welfare of the Child, also known as the “Child Charter” and ACRWC, was adopted by the Organization of African Unity (which became the African Union in 2001) in 1990 and came into force in 1999. The charter is a wide- ranging instrument and defines universal principles and norms for the status of children. The ACRWC defines a \"child\" as a human being below the age of 18 years. It recognises the child's unique and privileged place in African society and that African children need protection and special care. It also acknowledges that children are entitled to the enjoyment of freedom of expression, association, peaceful assembly, thought, religion, and conscience. • Agency: An entity or organization providing specified service or having certain responsibilities: ‘governing agency’. • Aggregation: The act of gathering together (for example the act of states gathering to make a federation). • Amend: To alter, modify, rephrase, or add to or subtract from (a motion, bill, constitution, etc.) by formal procedure. • Amendment: Change or addition to a document or legal provisions: ‘constitutional amendment’. • Amnesty: A general pardon for offenses, especially political offenses, against a government, often granted before any trial or conviction. • Ancestral: Relating to ancestors (family forbears): ‘ancestral home’. • Annexure: An extra part of a document (added after the main part). • Appropriation: The act of allocating public money to a purpose. 2.7 LEARNING ACTIVITY 1. Find out more about constitution of India. __________________________________________________________________________ 52 CU IDOL SELF LEARNING MATERIAL (SLM)

_____________________________________________________________________ 2. Discuss in groups about the preamble. __________________________________________________________________________ __________________________________________________________________________ 2.8 UNIT END QUESTIONS A. Descriptive Questions Short Answer 1. Which members participated in the debate on preamble? 2. Who settled the question “That the Preamble stands Part of the Constitution”? 3. Explain socialism in preamble. 4. What is secularism in preamble? 5. Define integrity in preamble? Long Answer 1. Describe the relationship between the Objectives Resolution and the Preamble. 2. Is the Preamble a part of the Constitution? 3. When were the concepts of “Secularism”, “Socialism” and “and Integrity” inserted in the Preamble? 4. Describe the Objectives Resolution? 5. What are the rights of an Indian citizen? B. Multiple Choice Questions 1. Which of the following word has not been written in the preamble of the Indian Constitution? 53 CU IDOL SELF LEARNING MATERIAL (SLM)

a. Sovereign b. Socialist c. Democratic d. Indians 2. Which of the following statements is not true? a. The date of implementation of the Indian Constitution is November 26, 1949 b. The “Secular” word was added by the 42nd Constitution Amendment c. The 42nd Constitutional Amendment was done in 1976 d. Social, Economic and political justice has been taken from the Russian Revolution in the Indian Constitution 3. Which statement is not correct in the case of \"Sovereign India\"? a. India is not dependent on any country b. India is not a colony of any other country c. India can give any part of its country to any other country d. India is obliged to obey the UN in its internal affairs 4. K.M. Munshi was related to…... 54 a. Constitution draft committee b. Preamble Committee c. Public Accounts Committee d. None of these CU IDOL SELF LEARNING MATERIAL (SLM)

5. Which year is related to Berubari Case? a. 1972 b. 1976 c. 1970 d. 1960 Answer 1-d, 2-a, 3-d, 4-a, 5-d 2.9 REFERENCES • Bakshi, P.M. (2003). The Constitution of India. Delhi, India: Universal Law Publishing Company. • Basu, D.D. (2011). Introduction to the Constitution of India. Nagpur, India: Lexis Nexis Butterworths Wardha. • Constituent Assembly of India Debates (Debates) Vol. I (See for Objectives Resolutions, 13th December 1946). • Constituent Assembly of India Debates (Debates) Vol. X (See for Preamble 17th October 1949). • Granville, Austin (2012). The Indian Constitution: Cornerstone of a Nation. New Delhi, India: Oxford University Press. • Khosla, Madhav (2012). The Indian Constitution. New Delhi, India: Oxford University Press. • Raj, Kaleeswaram (2015), Rethinking the Preamble, Dec, http://www./livelaw.in/ rethinking-the-preamble/ (accessed on December 17, 2018). Web resources 55 CU IDOL SELF LEARNING MATERIAL (SLM)

• https://www.jagranjosh.com/general-knowledge/the-constituent-assembly-of-india- 1434780545-1 • https://www.topperlearning.com • https://www.constitutionofindia.net › 56 CU IDOL SELF LEARNING MATERIAL (SLM)

UNIT – 3: BASIC FEATURES OF INDIA'S CONSTITUTION Structure 3.0 Learning Objectives 3.1 Introduction 3.2 Important Features of Indian Constitution 3.3 Essential Features 3.4 Emergency Provisions 3.5 Relative Flexibility 3.6 Summary 3.7 Keywords 3.8 Learning Activity 3.9 Unit End Questions 3.10 References 3.0 LEARNING OBJECTIVES After studying this unit, you will be able: • Discuss the salient features of the Indian Constitution in the backdrop of the relevant events that preceded the coming into force of the Constitution. • List out the essential features of the Indian Constitution • Highlight the significance of the salient features.

3.1 INTRODUCTION The Constitution of India is the will of the people of the country. It sets the broad functional parameters of governance. The Constitution was prepared after lengthy deliberations in the Constituent Assembly, which began on 6 December 1946 and came into force on 26 January 1950. The Constitution of India establishes a federal system of government as it contains all the usual features of a federation, viz., dual administration, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism. 3.2 IMPORTANT FEATURES OF INDIAN CONSTITUTION 26 Salient Features of the Constitution of India The Constitution of India is a unique constitution. It is the largest written liberal democratic constitution of the world. It provides for a mixture of federalism and Unitarianism, and flexibility and with rigidity. Since its inauguration on 26th January 1950, the Constitution India has been successfully guiding the path and progress of India. The salient features of the Constitution of India can be discussed as follows: (1) Written and Detailed Constitution: The Constitution is a wholly written document which incorporates the constitutional law of India. It was fully debated and duly enacted by the Constitution Assembly of India. It took the Assembly 2 years, 11 months and 18 days to write and enact the Constitution. Indian Constitution is a very detailed constitution. It consists of 395 Articles divided into 22 Parts with 12 Schedules and 94 constitutional amendments. It is a constitution of both the Centre and states of Indian Union It are indeed much bigger than the US Constitution which has only 7 Articles and the French Constitution with its 89 Articles. (2) Self-made and Enacted Constitution: Indian Constitution is a constitution made by the people of India acting through their duly elected and representative body—the Constituent Assembly that was organised in December 1946. Its first session was held on 9th December, 1946. It passed the Objectives Resolution on 22 January, 1947. 58 CU IDOL SELF LEARNING MATERIAL (SLM)

Thereafter, it initiated the process of constitution-making in the right earnest and was in a position to finally pass and adopt the constitution on 26th November, 1949. The constitution became fully operational with effect from 26th January 1950. We celebrate this day as our Republic Day. The Constitution of India is thus a self-made and duly enacted constitution. (3) Preamble of the Constitution: The Preamble to the Constitution of India is a well drafted document which states the philosophy of the constitution. It declares India to be a Sovereign Socialist Secular Democratic Republic and a welfare state committed to secure justice, liberty and equality for the people and for promoting fraternity, dignity the individual, and unity and integrity of the nation. The Preamble is the key to the constitution. It states in nutshell the nature of Indian state and the objectives it is committed to secure for the people. (4) India is a Democratic Socialist State: Although, right from the beginning the Indian Constitution fully reflected the spirit of democratic socialism, it was only in 1976 that the Preamble was amended to include the term ‘Socialism’. It is now regarded as a prime feature of Indian state. India is committed to secure social, economic and political justice for its entire people by ending all forms of exploitation and by securing equitable distribution of income, resources and wealth. This is to be secured by peaceful, constitutional and democratic means. (5) India is a Secular State: India gives special status to no religion. There is no such thing as a state religion of India. This makes it different from theocratic states like the Islamic Republic of Pakistan or other Islamic countries. Further, Indian secularism guarantees equal freedom to all religions. The Constitution grants the Right to Religious Freedom to all the citizens. (6) India is a Democratic State: The Constitution of India provides for a democratic system. The authority of the government rests upon the sovereignty of the people. The people enjoy equal political rights. On the basis of these rights, the people freely participate in the process of politics. They elect their government. Free fair and regular elections are held for electing governments. For all its activities, the government of India is responsible before the people. The people can change their 59 CU IDOL SELF LEARNING MATERIAL (SLM)

government through elections. No government can remain in power which does not enjoy the confidence of the people. India is world’s largest working democracy. (7) India is a Republic: The Preamble declares India to be a Republic. India is not ruled by a monarch or a nominated head of state. India has an elected head of state (President of India) who wields power for a fixed term of 5 years. After every 5 years, the people of India indirectly elect their President. (8) India is a Union of States: Article I of the Constitution declares, that “India that is Bharat is a Union of States.” The term ‘Union of State’ shows two important facts: (i) That Indian Union is not the result of voluntary agreement among sovereign states, and (ii) that states of India do not enjoy the right to secede from the Union. Indian Union has now 28 States and 7 Union Territories. (9) Mixture of Federalism and Unitarianism: While describing India as a Union of States, the Constitution provides for a federal structure with a unitary spirit. Scholars describe India as a ‘Quasi-Federation’ (K.C. Wheare) or as ‘a federation with a unitary bias, or even as ‘a Unitarian federation.’ Like a federation, the Constitution of India provides for: (i) A division of powers between the centre and states, (ii) A written, rigid and supreme constitution, (iii) Independent judiciary with the power to decide centre-state disputes and (iv) Dual administration i.e., central and state administrations. However, by providing a very strong centre, a common constitution, single citizenship, emergency provisions, common election commission, common all India services etc. the Constitution clearly reflects its unitary spirit. India is a federation with some Unitarian features. This mixture of federalism-Unitarianism has been done keeping in view both the pluralistic nature of society and the presence of regional diversities, as well as due to the need for securing unity and integrity of the nation. (10) Mixture of Rigidity and Flexibility: 60 CU IDOL SELF LEARNING MATERIAL (SLM)

The Constitution of India is rigid in parts. Some of its provisions can be amended in a difficult way while others can be amended very easily. In some cases, the Union Parliament can amend some parts of the Constitution by passing a simple law. Article 368, of the Constitution provides for two special methods of amendment: (i) Most of the provisions of the Constitution can be amended by the Union Parliament by passing an Amendment Bill by a majority of total membership and 2/3rd majority of members present and voting in each of its two Houses. (ii) For the amendment of some specified parts, a very rigid method has been provided. Under it, first the Union Parliament passes the Amendment Bill by a majority of total membership and 2/3rd majority of members present and voting in each house , and then it goes to the State Legislatures for ratification. The Amendment gets passed only when it is approved by not less than one half of the several states of the Union. Thus the Constitution of India is partly rigid and partly flexible. (11) Fundamental Rights: Under its Part IIIC Articles 12-35), the Constitution of India grants and guarantees Fundamental Rights to its citizens. It is called the Indian Bill of Rights. Initially, 7 Fundamental Rights were granted but after the deletion of the Right to Property from the list of Fundamental Rights (44th Amendment Act 1979) their number came down to six. The Six Fundamental Rights are: (i) Right to Equality: It provides for Equality before Law, End of Discrimination, Equality of Opportunity, Abolition of untouchability and Abolition of Titles. (ii) Right to Freedom: It incorporates six fundamental freedoms -freedoms of speech and expression, freedom to form associations, freedom to assemble peaceably without arms, freedom to move freely in India, freedom of residence in any part, and freedom of adopting any profession or trade or occupation. It ensures personal freedom and protection in respect of conviction for certain offences. The Constitution lays down that the freedom of life and liberty cannot be limited or denied 61 CU IDOL SELF LEARNING MATERIAL (SLM)

except in accordance with the procedure established by law. Now under Art 21A Right to Education for the children between the ages of 6-14 years has been granted. Art. 22 guarantees protection against arbitrary arrest and detention. (iii) Right against Exploitation: This Fundamental Right prohibits sale and purchase of human beings, forced labour (begaar) and employment of children in hazardous jobs and factories. (iv) Right to Freedom of Religion: The grant of this right involves the freedom of conscience, religion and worship. Any person can follow any religion. It gives to all religions freedom to establish and maintain their religious institutions. Mo person can be compelled to pay any tax for the propagation of any religion. The state cannot levy a tax for any religion and constitution prohibits the imparting of religious instructions in schools and colleges. (v) Cultural and Educational Rights: Under this category the Constitution guarantees the rights of the minorities to maintain and develop their languages and cultures. It also confers upon them the right to establish, maintain and administer their educational institutions. (vi) Right to Constitutional Remedies (Art. 32): This fundamental right is the soul of the entire Bill of Rights. It provides for the enforcement and protection of Fundamental Rights by the courts. It empowers the Supreme Court and High Courts to issue writs for the enforcement of these rights. (12) National Human Rights Commission (NHRC) and State Human Rights Commission and Protection of Human Rights: With a view to protect the human rights of all the people the Protection of Human Rights Act. 1993 was passed by the Union Parliament. Under it the National Human Rights Commission was established. It is headed by a former Chief Justice of India. It acts as an independent commission with a status of a civil court. It works for preventing the violations of human rights of the people. Its cases of proved violations of human rights, the NHRC can order the grant of compensation to the victims. Several State, Human Rights Commission are also working for the protection of Human Rights. India is fully committed to protect the human rights of all 62 CU IDOL SELF LEARNING MATERIAL (SLM)

the people of the world. (13) Fundamental Duties of the Citizens: In its Part IVA (Article 51 A) the Constitution describes the following Fundamental Duties of a citizen: 1. Respect for the Constitution, the national flag and the national anthem; 2. Cherish the noble ideals of the freedom struggle; 3. Uphold and protect the sovereignty, unity and integrity of India; 4. Defend the country and render national service when called; 5. Promote the common brotherhood of all the people of India and renounce any practice derogatory to the dignity of women; 6. Preserve the rich heritage of the nation’s composite culture; 7. Project the natural environment and have compassion for living creatures; 8. Develop scientific temper, humanism and spirit of inquiry and reform; 9. Safeguard public property and abjure violence; and 10. Strive for excellence in all individual and collective activity. 11. Duty of the parents to send their children to schools for getting education. The Fundamental Duties are, however, not enforceable by the courts. (14) Directive Principles of State Policy: Part IV of the Constitution dealing with the ‘Directive Principles of State Policy’ provides one of the most striking features of the Indian Constitution. The Directive Principles are instructions to the state for securing socio-economic developmental objectives through its policies. These are to be implemented by both the Union for the States. For example, Directive Principles direct the state to ensure for the people adequate means of livelihood, fairer distribution of wealth, equal pay for equal work, protection of children, women, labour and youth, old age pension, social security, local self-government, protection of the interests of the weaker sections of society; promotion of cottage industries, rural development, international ‘peace friendship and co-operation with other states etc. The aim of Part IV is to secure and strengthen socio-economic democracy in India. 63 CU IDOL SELF LEARNING MATERIAL (SLM)

(15) Bi-Cameral Union Parliament: The Constitution provides for a Bicameral Legislature at the Union level and names it as the Union Parliament. Its two Houses are: The Lok Sabha and the Rajya Sabha. The Lok Sabha is the lower, popular, directly elected house of the Parliament. It represents the people of India. Its maximum strength stands fixed at 550. Presently Lok Sabha has 545 members. The people of each state elect representatives in proportion to their population. Orissa has 21 seats out of which some seats are reserved for the people belonging to SCs and STs. Members of the Lok Sabha are directly elected by the people of India. All men and women of 18 years or above of age whose names are registered in the voters lists vote in elections for electing the members of Lok Sabha .Every voter of 25 years or above of age is eligible to contest elections to the Lok Sabha. The tenure of the Lok Sabha is 5 years. But the President acting under the advice of Prime Minister can dissolve it earlier also. The Rajya Sabha is the upper and, indirectly elected second House of Parliament. It represents the states of the Indian union. Its maximum membership can be 250. Presently, the Rajya Sabha has 245 members. Out of these 233 members are elected by all the State Legislative Assemblies and 12 are nominated by the President from amongst eminent persons from the fields of Art, Science and Literature. Rajya Sabha is a quasi-permanent house. Its 1/3rd members retire after every two years. Each member has a tenure of six years. Orissa has 10 seats in the Rajya Sabha. Of the two houses, of Parliament, the Lok Sabha is a more powerful House. It alone has financial powers. The Union Council of Ministers is collectively responsible before the Lok Sabha. However, the Rajya Sabha is neither as powerless as the British House of Lords and nor the Lok Sabha is as powerful as the British House of Commons. (16) Parliamentary System: The Constitution of India provides for a parliamentary system of government at the Centre as well as in every state of the Union. The President of India is the constitutional head of state with nominal powers. The Union Council of Ministers headed by the Prime Minister is the real executive. Ministers are essentially the members of the Union Parliament. For all its policies and decisions the Council of Ministers is collectively responsible before the Lok Sabha. The Lok Sabha can remove the Ministry by passing a vote of no-confidence. 64 CU IDOL SELF LEARNING MATERIAL (SLM)

The Cabinet, in fact the Prime Minister has the power to get the Lok Sabha dissolved by the President. On similar lines a parliamentary government is also at work in each state. (17) Adult-Suffrage: Another feature of the Constitution is that it provides for universal adult suffrage. All men and women enjoy an equal right to vote. Each adult man and woman above the age of 18 years has the right to vote. All registered voters get the opportunity to vote in elections. (18) Single integrated State with Single Citizenship: India is the single Independent and Sovereign integrated state. Presently it has 28 states and 7 Union Territories. All citizens enjoy a common uniform citizenship. They are entitled to equal rights and freedoms, and equal protection of the state.” (19) Single Integrated Judiciary: The Constitution provides for a single integrated judicial system common for the Union and the states. The Supreme Court of India works at the apex level, High Courts at the state level and other courts work under the High Courts. There are 21 State High Courts working in all parts of India. Orissa High Court has been in existence since 1948 and it is located at Cuttack. The Supreme Court is the highest court of the land. It controls and runs the judicial administration of India. (20) Independence of Judiciary: The Indian Constitution makes judiciary truly independent. It is clear from the following facts: (a) Judges are appointed by the President, (b) Only persons with high legal qualifications and experience are appointed as judges, (c) Judges of the Supreme Court cannot be removed from office except through an extremely difficult process of implement. (d) The salaries of the judges are very high, (e) The Supreme Court has its own staff. Indian judiciary has an autonomous organisation and status. It works as an independent and powerful judiciary. (21) Judicial Review: 65 CU IDOL SELF LEARNING MATERIAL (SLM)

The Constitution is the supreme law of the land. The Supreme Court acts as the guardian protector and interpreter of the Constitution. It is also the guardian of the Fundamental Rights of the people. For this purpose it exercises the power of judicial review. By it, the Supreme Court determines the constitutional validity of all laws made by the legislatures. It can reject any law which is found to be unconstitutional. (22) Judicial Activism: Currently, Indian judiciary has been becoming more and more active towards the performance of its social obligations. Through Public Interest Litigation system (PIL) as well as through a more active exercise of its powers, the Indian judiciary has been now very actively trying to secure all public demands and needs due to them under the laws and policies of the state. (23) Emergency Provisions: The Constitution of India contains special provisions for dealing with emergencies. It recognises three types of possible emergencies: (1) National Emergency (Article 352) an emergency resulting from war or external aggression or threat of external aggressions against India or from armed rebellion within India or in any of its part; (2) Constitutional Emergency in a State (Article 356) an emergency resulting from the failure of constitutional machinery in any state; or some states and (3) Financial Emergency (Article 360) an emergency resulting from a threat to financial stability of India. The President of India has been empowered to take appropriate steps for dealing with these emergencies. During the period of an emergency, the powers of the President, actually of the PM and the Union Council of Ministers Cabinet increase tremendously. President can take all steps deemed essential for meeting an emergency. These are called emergency powers of the President. (24) Special Provisions relating to Scheduled Castes and Scheduled Tribes: With a view to protect the interests of people belonging to Scheduled Castes and Scheduled Tribes, the Constitution lays down certain special provisions. It provides for reservation of seats in the legislatures for the people belonging to Scheduled Castes and Scheduled Tribes. 66 CU IDOL SELF LEARNING MATERIAL (SLM)

President can nominate in Lok Sabha not more than two members of the Anglo-Indian Community in case he is of the opinion that this community is not adequately represented in the House. Reservation of some jobs for the people belonging to SCs, STs and OBCs has also been in operation. The reservation system has been now extended up to the year 2020.Presently, a bill for granting 33% reservation of legislative seats for women is in the process of getting enacted into law. Reservation system is also in existence in the Panchayats and Municipal Councils. (25) Provisions regarding Language: The Constitution lays down special provisions for defining the Language of the Union, Regional Languages and Language of the Supreme Court and High Courts. It states that the official language of the Union shall be Hindi in Devanagari script. But along with this, it also provides for the continuance of English language. A state legislature can adopt the language of the province as its official language. English continues to be the language of the Supreme Court and the High Courts. The Constitution gives a directive to the Union to develop Hindi and popularise its use. In its Eighth Schedule, the Constitution recognises 22 modern Indian Languages — Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Oriya, Punjabi, Nepali, Manipuri, Konkani, Sanskrit, Sindhi, Tamil, Telegu, Urdu, Bodo, Dogri, Maithili and Santali. (26) A Constitution Drawn from several Sources: In formulating the Constitution of India, the founding fathers used several sources. The values and ideals of the national movement guided their path. The national movement influenced them to adopt secularism as the ideal. Some provisions of Government of India Act 1935 were used by them and several features of foreign constitutions influenced them, and were adopted by them. In adopting parliamentary system and bicameralism, the British Constitution influenced them. The US Constitution influenced them in favour of republicanism, independence of judiciary, judicial review and bill of rights. The progress of the (former) USSR after the 1917 Socialist Revolution influenced them to adopt socialism as a goal. Likewise, they were influenced by the constitutions of Canada, Australia, Weimar Republic (Germany) and 67 CU IDOL SELF LEARNING MATERIAL (SLM)

Ireland. With all these features, the Indian Constitution is a constitution best suited to the Indian environment. The Constitution has been helping India to organise and run her government and administration in an effective way both in times of peace and war. The basic structure of the Constitution i.e. its most fundamental features can be described as: Preamble, Fundamental Rights, Directive Principles, Secularism, Federalism, Republicanism, Independence of Judiciary, Rule of Law, and Liberal Democracy. 8 Important Features of Indian Constitution Every written constitution in the world has its own unique characteristics, and no exception is the Indian Constitution. But the Indian Constitution has many prominent features that distinguish it from the other Constitutions. This article clearly explains the Indian Constitution's 8 key features. 1. World's Longest Constitution The Indian Constitution contains 395 articles and 12 schedules, making it the world's longest written constitution. Just compare it with other countries Constitutions. For example, the UK has no written constitution, while the US Constitution contains only seven articles. Not only this but since 1951 about 90 articles and more than 100 amendments have been added. However, since the articles are not added separately as part of an existing article (e.g. Article 21A, 35A etc.) the total number of articles remains the same at 395. 2. Taken from various sources The Indian Constitution was framed from multiple sources including the 1935 Government of India Act and Other Countries Constitutions. In addition to these, the Constitutions of Canada, Australia, Germany, the U.S.S.R., and France also adopted various provisions. 3. Federal System with Unitary Features The Indian Constitution includes all the federal characteristics of governance such as dual government system (center and state),division of powers between the three state organs (executive, judiciary and legislature), constitutional supremacy, independent judiciary and bicameralism (lower and upper house). 68 CU IDOL SELF LEARNING MATERIAL (SLM)

Nevertheless, the Indian Constitution is unique in that it includes many unitary features such as a strong centre, all India services common to the center and the states, emergency provisions that can transform the Constitution into a unitary one if necessary, appointment of governors by the president on the advice of the center, etc. Indeed, Article 1 clearly states that India is a ' Union of States ' rather than a federation of States. In India, the states did not come together to form the centre (or Union) like in the case of the USA which is the purest form of a federation. Rather, for administrative convenience, it is the center that created the states. Article 3 of the Indian Constitution makes Parliament the sole authority to create new states clearly indicating that the Indian Constitution is of a unitary nature with certain federal characteristics. 4. Parliamentary Form of Government On the pattern of the British parliamentary system of government, the Indian Constitution has opted for the parliamentary form of government. The key characteristics of the parliamentary form of government are: 1. Executive are members of the legislature 2. Collective responsibility to the legislature of the Council of Ministers 3. Rule of the majority party 4. Prime Minister's or chief minister's leadership in the state 5. Lower house dissolution (Lok Sabha and state assemblies) 6. Government form of the Cabinet 5. Balance between the Sovereignty of Parliament and Judicial Supremacy A fine balance has been struck between parliamentary sovereignty and judicial supremacy by the Indian Constitution. The Supreme Court is vacuumed by Articles 13, 32 and 136 with the power of judicial review. By its power of judicial review, it can strike down any parliamentary law as unconstitutional. On the other hand, the Parliament, being the representative of the people's will, has the authority to make laws, and it can also amend the major part of the Constitution through its video vested powers under Article 368. 6. Independent and Integrated Judicial System 69 CU IDOL SELF LEARNING MATERIAL (SLM)

In India, unlike the United States where there is a two-tiered judiciary, a single judicial system prevails with the Supreme Court at the top, the State and District High Courts and other subordinate courts below and subject to the supervision of the High Courts. It is the duty of all levels of courts in India to enforce both central and state laws unlike in the US, where federal courts adjudicate on federal matters and state courts on state matters. Not only is the judiciary system well fully integrated in India, but because of the following provisions it is also independent 1. Appointment of judges of Supreme Court and High Courts by collegium system 2. Removal of judges in Parliament through an impeachment procedure that is very difficult to pass 3. Supreme Court judges’ salaries, pensions, and allowances are charged to India's Consolidated Fund 4. Power to punish for self – disregard 5. Ban on judges’ practice after retirement…etc 7. Directive Principles of State Policy In Part IV of the Constitution, the Directive Principles of State Policies (DPSPs) aims to make India a welfare state. Therefore, Dr. B.R. Ambedkar calls the Directive Principles as the Indian Constitution's novel feature. The Principles of the Directive are inherently unjustifiable, that is, they are not enforceable for their violation by the courts. Their usefulness, however, lies in their moral obligation to apply these principles to the state in making laws. As such, the principles of the directive are fundamental to the country's governance. 8. Combination of rigidity and flexibility The Indian Constitution strikes a fine balance between rigidity and flexibility when it comes to ease of modification. Article 368 lays down two types of modifications: 1. Some provisions may be amended by a special parliamentary majority, i.e. a 2/3rd majority of the members of each House present and vote and majority (i.e. more than 50 %) of each House's total membership. 2. Some other provisions can be amended by a special parliamentary majority and with half 70 CU IDOL SELF LEARNING MATERIAL (SLM)

of the total states ratifying them. This ensures that with the widest possible majority, the Constitution is amended. At the same time, in the manner of the ordinary legislative process, certain provisions of the Constitution can be amended by a simple majority of Parliament. Such amendments are not within the scope of Article 368. There are many other features of the Indian Constitution such as Fundamental Rights, Fundamental Duties, Emergency Provisions, Universal Adult Franchise, etc. but the constitution's most important features that define and distinguish it from the other World Constitutions have been listed above. 3.3 ESSENTIAL FEATURES The essential features of the Constitution of India are as follows: The Constitution is supreme; the sovereignty of India cannot be surrendered or pledged; India is a Republic and cannot be turned into a monarchy; Democracy is a way of life than / merely providing for adult franchise; Secularism and independent judiciary are two pedestals of this democracy. Amendments to the Constitution can be made without altering its essentials. We shall discuss some of these features. 3.3.1 Sovereign, Democratic, Republic The 'Preamble' to the Constitution declares that the people of the country are the sovereigns. In other words, 'sovereignty' rests in the people and is exercised through the institutions that have been created for that purpose. The sovereignty of the country cannot be pledged, i.e., India cannot be turned into a colony or a dependency of another country. The entire course of the Freedom Movement was on this quintessential principle of sovereignty. In the Preamble it is also stated that the country shall be a Republic and shall adhere to a democratic form of government. In a Republic there is no scope for a Monarch to reign over the people, but the people themselves rule the country through their elected representatives. 3.3.2 Union of States An important feature of the Constitution is that it has constituted India as a Union of States (Art 1). There is also scope in the Constitution to create new States as well as to admit new ones. Notable examples of these are the formation of States, for the first time after in 1956 by bifurcating some of the then existing States on a linguistic basis-Andhra Pradesh, Tamil 71 CU IDOL SELF LEARNING MATERIAL (SLM)

Nadu, Karnataka and Kerala. Through the bifurcation of the Bombay State Maharashtra and Gujarat were formed. More recently, in the year 2000, three new States- Uttaranchal, Chhattisgarh and Jharkhand- were created. An example of the admission of new States into the Indian Union is the admission of Sikkim, in 1975, till then a protectorate of India, into the Union. The provision for admitting new States should also be understood in the context that some of the Princely States were yet not ready by the time the Constitution would come into force to become part of India. 'The Nizam's State of Hyderabad is one such example. And, besides, there were French and Portuguese colonies-Pondicherry and Goa that remained to be integrated with India. The Constitution, thus, provides for creating new States and admitting new territories. Once they become part of India they do not have the right to secede. 3.3.3 Fundamental Rights The Fundamental Rights provided for in the Constitution could be surnmarised as Right to Equality, Right to Freedom, Right Against Exploitation, Right to Religion, Cultural and Educational Rights and the Right to Constitutional Remedies. The Right t to Property was made a legal right through the Forty Fourth Constitutional Amendment Act, and is hence, not a Fundamental Right now. In the larger interests of the country, the property belonging to any person can be acquired by paying ‘compensation’. The Fundamental Rights are enshrined in Part 111 of the Constitution, and their implementation is guaranteed by the Supreme Court. In other words, Fundamental ' Rights are justiciable. Indeed, some of the Fundamental Rights, it might be noted, are applicable only to the citizens of the country and not to foreigners. Article 20, Article - 21 and Article 22 are, however, applicable to all. At the same time, it should also be ' borne in mind that what is applicable is the 'restriction' on the Right. Except during an 'Emergency', Fundamental Rights cannot be suspended. However, even during an Emergency Article 20 Article 21 cannot be withheld. The Constitution was amended by the Forty Fourth Amendment Act and through Article 359-1 A it was stated that Article 20 and Article 2 1 cannot be suspended even when a proclamation of Emergency is in operation. 3.3.4 Right to Freedom The Constitution also ensures the Right to Freedom under Articles 19 to 22. Article 19 guarantees the right to freedom of speech and expression, right to peaceful assembly, right to form associations, right to visit and reside in any part of the country and the right to 72 CU IDOL SELF LEARNING MATERIAL (SLM)

profess and practice one’s religion. These rights too, are subject to any, I reasonable restrictions that can be imposed by the state under clauses 2 to 6 of I Article 19. Article 20 guarantees that no person shall be punished on the basis of laws that are enacted after a crime has been committed (protection from ex post facto laws), protection from being punished more than once for the same offence (protection from double jeopardy) and protection from standing trial against oneself (protection from self-incrimination). Article 2 1 ensures the protection of 'personal life and liberty'. In other words, the state does not have the right to take away the life of a person, except through the procedure established by law. Article 22 prohibits detention of people without trial. However, preventive detention of a person up to three months and, in some cases, beyond that is permitted. Right to Equality Article 14, guarantees the Right to Equality before the Law and the Right to Equal Protection of the Laws. In other words, this article ensures that all persons can be tried in a court of law and every person can approach the courts for justice and that no person shall be discriminated against in the application of laws, nor can any person claim special privileges and favouritism. Article 15 guarantees protection from discrimination on the basis of 'religion, race, caste, sex or place of birth', and provides for equal access and thus the Right against Discrimination. It also, however, states clearly that the state can make special provisions for the uplift of certain categories of people like socially and culturally backward classes and Scheduled Castes and Scheduled Tribes. An example in this context is the reservation provided in educational institutions and in the public services to the disadvantaged sections of the society. As one commentator observed, \"the framers of the Indian Constitution sought to shape an overarching Indian identity even as they acknowledged the reality of pluralism by guaranteeing fundamental rights, in some cases through specific provisions for the protection of minorities.\" Article 16 provides for the Right to Equality of Opportunity in employment. Continuing with its desire to ensure equality of all citizens, the Constitution also abolished 'Untouchability' whose practice is a crime under Art 17, while Article 18 abolished Tittles. 3.3.5 Directive Principles of State Policy The Directive Principles of State Policy (DPSP) are an adaptation from the Irish Constitution. These are broad guidelines which have to be borne in mind while enacting laws and in implementing them. Unlike the Fundamental Rights, the DPSP are not justiciable. Simplistically understood the DPSP have a 'welfare' connotation. The 73 CU IDOL SELF LEARNING MATERIAL (SLM)

Constitution doe$ not provide for their guarantee and, therefore, their enforcement cannot be questioned in a court of law. Fundamental Rights and the DPSP \"together, not individually\" form the core of the Constitution; \"the true conscience\". The DPSP prescribes that the state shall ensures (a) adequate means of livelihood for all, (b) distribution of wealth and control over it, rather than concentration, in the common good, (c) equal pay for equal work for both men and women (d) non-abuse of the health of all workers and (e) the protection of the children of the country from exploitation and their growth in an atmosphere of freedom and dignity. Fundamental Duties: The Fundamental Duties enshrined in the Constitution are intended to obligate all the citizens to strive for the common benefit of all. They are expected to accord respect to the Constitution, the National Tri-colour and the Anthem. They are called upon to strive for upholding the unity and integrity of the country and work for a harmonious society setting aside all divisive tendencies. The citizens of the country have a duty to protect its resources both natural and material and work towards higher levels of achievement. 3.3.6 The Union: Executive, Legislature and Judiciary There are, as all students of Political Science know, three organs or branches 01 government, i.e., legislature, executive and judiciary. A harmonious functioning among the three is vital for the furtherance of a country. At its Independence India chose to adopt a parliamentary form of government. In such a form of government the President is the Head of the State while real executive power is exercised Head of Government, the Prime Minister, in association with his Council all of who are collectively responsible to Parliament. Executive in India, the legislature and the executive are drawn from one another, while the judiciary is an independent body. The legislature comprises of the House of People (Lok Sabha), Council of States and the President of India. A member of the Union Council of Ministers has necessarily to be a member of either of the lower house, the Lok Sabha or the Upper house, the Rajya Sabha. President both the houses of Parliament and the legislatures in the States elect the President by means of a 'single transferable vote'. The Office of the President, its functions, powers tenure, method of election and re-election, impeachment, and the qualifications required to hold the office are enunciated in Articles 52 to 62. All activities of the state are carried out in the presence of the President as the executive power is vested in the President (Art 52). As in the United States, in India, too, the President is the Supreme Commander of the Armed Forces. The President conducts both the 74 CU IDOL SELF LEARNING MATERIAL (SLM)

houses of Parliament and addresses its joint sessions. He has the power to remit sentences and grant reprieve. He appoints all the important functionaries of the state such as the Prime Minister and the Council of Ministers, Judges of the Supreme Court and High Courts, the Attorney General, Governors of States, Chairpersons of Commissions like the Election Commission of India and heads of organisations like the Comptroller and Auditor General of India (C&AG). Prime Minister and Council of Ministers: The Prime Minster is the Head of Government and presides over the meeting of the Union Council of Ministers. It needs to be kept in mind that there is a difference between the Cabinet and the Council of Ministers; the Cabinet is composed of Ministers of Cabinet rank and Ministers of State, while the Council also includes the Deputy Ministers. The Council of Ministers is collectively responsible to Parliament. Activities of the Ministries are brought under scrutiny by the opposition during the two-hour long Question Hour at the beginning of each day of the Session in Parliament. The Council of Ministers makes recommendations to the President, in what is called 'aids and advises', in the affairs of the country. Important among the recommendations that we should be aware are those relating to dissolution of the Lok Sabha, declaring war or declaring a 'state of Emergency'. The Indian Parliament is the supreme law-making body of the country. It is a bicameral legislature as in the United Kingdom, the United States and several other countries. The upper house is known in Hindi as the Rajya Sabha and in English as the Council of States. It comprises the Chairman, who is also the Vice-President of India, the elected members and 12 nominated members, each holding a term of six years, with one-third of its membership retiring every two years. A significant aspect and point of difference between the Rajya Sabha and its equivalent, the American Senate is that the membership of each State in it is proportional to its population, whose legislative assembly elects the members of the Rajya Sabha. Thus, all States of the Indian Union do not send an equal number of representatives. The lower house of Parliament is the House of the People, better known as the Lok Sabha. Its members are elected for single term of five years or less directly by all eligible voters by means of 'universal adult suffrage' from territorially delimited constituencies. The Rajya Sabha lias little power over money bills. It has to return such bills to the Lok Sabha with its recommendations within 14 days, and it is for the Lok Sabha to accept or reject any of its recommendations. In case of a deadlock over a non-money bill between the Lok Sabha and 75 CU IDOL SELF LEARNING MATERIAL (SLM)

the Rajya Sabha, the President convenes a joint sitting of the two houses to debate and vote on the bill. A bill takes the form of an Act only after the President gives his assent to the same. The President is empowered to withhold assent to a bill passed by both houses of Parliament or refer it to Parliament with his suggestions. There have been very few occasions when the President withheld his assent, but of course, on the premise that the bill ran in contradiction with 'public opinion'. One such instance was the Postal Bill that was thought to the infringing on the privacy of the people. Judiciary: The third and very important organ of the government is the Judiciary. The highest court of appeal is the Supreme Court. The Supreme Court has both appellate and original jurisdiction, as do the High Courts in the respective States. 'The Supreme Court is the custodian of the Constitution. Laws enacted by the legislature can be declared invalid by the Supreme Court, if it is of the opinion that they are not in conformity with the provisions of the Constitution. This power is known as the power of 'judicial review'. Besides, the Supreme Court and the High Courts can also issue writs to the government and its agencies. A well-known example is the Writ of Habeas Corpus. By pleading for the issuance of such a writ an applicant asks the Supreme Court to direct the concerned police authorities to present before the court a person who is missing and is believed to be under their custody. The President of India appoints all Judges of the Supreme Court and High Courts and the Chief Justices. The Constitution also clearly lays down the procedure for impeaching the Judges and Parliament alone can impeach a Judge of the Supreme Court. The instance of initiating the impeachment of a Supreme Court Judge occurred just once, when Justice K Ramaswamy was sought to be impeached, but the motion failed to succeed. The Supreme Court and Parliament have on occasion entered into a tug. This was finally resolved with the Constitution Amendment Act stating that the Supreme Court has the power only to state whether an Act was in contravention of the provisions of the Constitution or not. 3.4 EMERGENCY PROVISIONS Emergency provisions are enshrined in Part XVI I1 of the Constitution under articles 352 and 360. There are three types of emergency that can be declared. 76 CU IDOL SELF LEARNING MATERIAL (SLM)

General Emergency An emergency can be proclaimed when the security of the country is under threat or is under a danger of a threat from hostile countries during times of war or external aggression or armed rebellion. (Article 352). Emergency was declared under this provision for the first time in the wake of the war with China on October 26, 1962. It continued up to January 10, 1968. Another proclamation of emergency took place on December 3, 1971, in the wake of the India-Pakistan war. During its continuation, a third Emergency was declared was on June 25, 1975. It was revoked in 1977. Critics argue that the third emergency was intended to retain Mrs. Indira Gandhi in power than there was the actual threat. It was the darkest period for Indian democracy as there were arbitrary detentions for a prolonged period of time and accusations of widespread infringement of Fundamental Rights. Declaration of Constitutional Emergency The most contentious and abused emergency provision is Article 356. If the President receives a report from the Governor of a State stating that the constitutional machinery has broken down or that the administration of the State can no longer be carried out in accordance with the provisions laid down in the Constitution of India, an emergency can be declared in that State. The President may do so even if he is otherwise satisfied of a constitutional breakdown in a state. The provision allows dismissing the State government and bringing it under President's Rule or Central Rule. Under such a condition, the Governor of the State assumes all functions and carries out the administration in the State, on behalf of the President, i.e. the Centre, with the aid of his advisors appointed by the President upon the, recommendation of the Union Council of Ministers. There were several instances when Article 356 was brought into force in various States. The first instance of dismissing a State government by invoking Article 356 even while it continued to enjoy the confidence of the State Legislature occurred in 1959, in Kerala, when the Communist government of the day was dismissed. It generated a major controversy and it was argued that it was a wrong decision as the government commanded a majority on the State Assembly. On the other hand, the supporters of the decision held that public dissatisfaction manifest in the form of agitation against the government and its policies was reason enough to conclude that there, indeed, was a breakdown of law and order, and, hence, it was correct to in1 pose President's Rule. 77 CU IDOL SELF LEARNING MATERIAL (SLM)

Other instances include the dismissal of State governments en masse twice, in 1977 after the Janata Party swept the general elections and subsequently in 1979 when the Congress Party returned to power. Other contentious occasions on which invoking the provision was resorted are in 1984 in Andhra Pradesh and later in Karnataka when the S R Bommai government was dismissed, and the court later subsequently held that the decision was incorrect. Financial Emergency Financial emergency can be declared under Article 360 in conditions in which the financial stability or credit of the country or any part of the country is threatened. However, as provided for in the Forty Fourth Constitutional Amendment Act of 1979, such a proclamation needs to be approved by the both the Lok Sabha and the Rajya Sabha within two months from the date of its proclamation, or, if the Lok Sabha is at that time dissolved, within 30 days from the date it (the new house) is reconstituted. FEDERALISM At the time of Independence the diversity of the country was such that the Constitution makers thought it fit to have a strong Union government (Centre) within a federal framework. Provisions relating to Centre-State relations are enumerated in Part XI of the Constitution. The Indian Constitutional provides for governments with specified Constitution powers in the various States, too. India's Constitution thus has both centralizing and de-centralizing features. For more than a decade and a half after Independence, the Centre and the States had almost no problems. Scholar’s attribute this to the existence of Congress governments in most of the States in the country as well as at the Centre, the towering personality of the then Prime Minister, Jawaharlal Nehru, and also the leadership in the States as well as at the Centre that was less prone to schism, but guided more by idealism. The balance in relations tilted more in favor of the Centre when Indira Gandhi was the Prime Minister of the country. This was due not only to the Emergency that was imposed in 1975, but also because of weak leaders at the State-level whose survival in political power was dependent on the clout that they could wield at the Central level. By the 1990s, at least a few of the States came to exercise greater leverage vis-a-vis the Centre. A Central government that lacked an absolute majority in Parliament had to depend 78 CU IDOL SELF LEARNING MATERIAL (SLM)

on the support of its regional allies-the Dravida Munnetra Kazliagam and the All-India Anna Dravida Munnetra Kazliagam in Tamil Nadu, the Telugu Desam in Andhra Pradesh, Shiv Sena in Maharashtra, National Conference in Jammu and Kashmir, the Asom Gana Parishad in Assam, and the more recent splinter groups of the Janata Party that have, established themselves in the different States. Centre-State Relations Problems in Centre-State; relations came to the fore after lion-Congress governments came to power in several States--Orissa, West Bengal, Kerala, Punjab, Uttar Pradesh and Bihar in the late 1960s. Financial Relations Another continuous issue is the sharing of financial resources between the Centre and the States and allocation of Central grants to various States. While States have since long been demanding the allocation of larger portions, a new proposition suggested is allocation on the 'basis of performance'. Governor's Rule Yet another point of difference is the 'imposition of Governor's Rule on a State arid His/her role while in office, besides that of his/her abrupt removal. Governors are generally appointed with the concurrence of the Chief Minister of the concerned State, and the Sarkaria Commission, too, in 1988, recommended the same. The recommendation, however, has not always been adhered to, as. The Sarkaria Commission sought to herald co-operative federalism. However, most of its recommendations await implementation. 3.5 RELATIVE FLEXIBILITY The Indian Constitution provides room for amendment. In this sense, the Constitution is not rigid unlike that in some other countries. As has been noted by several scholars, a Constitution is a living document and, hence, it has to reflect the changing times. An amendment to the Preamble made the principle of secularism an integral feature of the Constitution. When a Constitution is amended it is expected that it would bring a change for the better. In other words, it would 'give more' than 'take away any'. Article 368. Together with other 79 CU IDOL SELF LEARNING MATERIAL (SLM)

articles, empowers Parliament to make amendments to the Constitution. In fact, the occasion for debate, on what the fundamental features of the Constitution are, was created when certain amendments were made to the Constitution. The amendment procedure laid down in the Constitution is both rigid and soft for different articles. While some need only a simple majority, most need a majority of two-thirds present and voting in both the Houses of Parliament and the assent of the President. The toughest amendment procedure prescribed requires, besides the two thirds present and voting and requirement, also the consent of at least half the number of Legislatures in States in the country. And furthermore, it also requires the assent of the President. Two of the most vehemently contested aspects were one, on the authority of Parliament to effect amendment itself to any article of the Constitution and two, on who holds supremacy of decision over an amendment. While the Indian Parliament held that it was the supreme authority and had, therefore the right to amend any article in the Constitution, its critics said it was the Constitution that is supreme and not Parliament, whose creation Parliament was as much as any other institution. It was, in the final analysis, resolved that Parliament is rightfully authorised to amend the Constitution, but only so long as it did not amend the 'basic features of the Constitution. Besides, the Supreme Court has the power to decide whether an amendment to the Constitution, indeed, were against the basic features of the Constitution or not. 3.6 SUMMARY • The Indian Constitution is a successful document and it has sought to foster the best democratic tradition. • The tradition that it had established had the resilience to correct occasional anomalies, which itself is proof of its success. • The Constitution incorporates federalism, guarantees the fundamental rights of the people of the country, a system of checks and balances through the institutions of President, Council of Ministers, Parliament and the Supreme Court. 80 CU IDOL SELF LEARNING MATERIAL (SLM)

3.7 KEYWORDS • Constitutional guarantee of Rights: The protection that the Constitution explicitly offers from being violated by the state. • Council of Ministers: It comprises of the Prime Minister, Cabinet Ministers, Ministers of State and Deputy Ministers. • Amendment : A definitive and formal process of Constitution change • Bicameral: A Parliament that has two Houses (an Upper House and a Lower House). • Enactment: The point at which a Law, as expressed in an Act of Parliament, comes into force. • Executive: Those from within the Government who define and implement policy, and who are answerable to Parliament for their administration. • Ex post facto: From or by an after act, or thing done afterward; in consequence of a subsequent act; retrospective. 3.8 LEARNING ACTIVITY 1. Discuss about the federal feature of Indian constitution. __________________________________________________________________________ ______________________________________________________________________ 2. The Constitution of India guarantees some rights to its citizens and people who choose to live in the country. Do you think these rights are enjoyed by all? Discuss in groups? __________________________________________________________________________ _______________________________________________________________________ 3.9 UNIT END QUESTIONS A. Descriptive Questions 81 CU IDOL SELF LEARNING MATERIAL (SLM)

Short Answer 1. What was the principle that formed the constitution making exercise in India? 2. Which was the state admitted into the Indian Union in 1975? 3. Republic is a form of government in which 4. What rights do Article 20 and 21 deal with? 5. Can these rights be restricted or temporarily suspended? Long Answer 1. What are the Fundamental Duties enshrined in the Indian constitution? 2. What is habeas corpus? 3. Examine the Parliaments powers to amend the Constitution of India. 4. Can the Indian Parliament amend the basic structure of the Constitution? 5. What are the basic features of Indian constitution? B. Multiple Choice Questions 1. The Union Cabinet consists of / a. 'The Prime Minister, Ministers of Cabinet rank and Ministers of State. b. Cabinet rank Ministers and Ministers of State c. Prime Minister and Cabinet rank Ministers d. All of these 2. In Indian Polity which of the following is Supreme? 82 a. The Supreme Court CU IDOL SELF LEARNING MATERIAL (SLM)

b. The Constitution 83 c. The Parliament d. Religion 3. The constitution of India is a. Rigid b. Flexible c. Very rigid d. Partly rigid, partly flexible 4. Who called Indian Federalism as the Co-operative Federalism? a. G. Austin b. K.C. Wheare c. Sir Ivor Jennings d. D.D. Basu 5. There are provisions in the constitution to ensure the independence of a. Parliament b. Judiciary c. Citizens d. None of these CU IDOL SELF LEARNING MATERIAL (SLM)

Answer 1-b, 2-d, 3-d, 4-a, 5-b 3.10 REFERENCES • Austin, Granville, The Indian Constitution: Cornerstone of a Nation, Oxford University Press, 1996. • Bakshi, P. M., The Constitution of India (with special comments by the author) University Law Publishing House, 1999. Web resources • https://www.jagranjosh.com/general-knowledge/the-constituent-assembly-of-india- 1434780545-1 • https://www.topperlearning.com • https://www.constitutionofindia.net › 84 CU IDOL SELF LEARNING MATERIAL (SLM)

UNIT – 4: FUNDAMENTAL RIGHTS, FEATURES, KINDS AND EVALUATIONS Structure 4.0 Objectives 4.1 Introduction 4.2 Historical Background 4.2.1 The Commonwealth of India Bill, 1925 4.2.2 The Nehru Report, 1928 4.2.3 The Sapru Report, 1945 4.2.4 The Sub-committee on Fundamental Rights 4.3 Salient Features of the Fundamental Rights 4.4 The Six Fundamental Rights 4.4.1 Right to Equality 4.4.2 Right to Freedom 4.4.3 Right against Exploitation 4.4.4 Right to Freedom of Religion 4.4.5 Cultural and Educational Rights 4.4.6 Right to Constitutional Remedies 4.5 The Basic Structure Doctrine 4.6 Reasonable Restrictions on Fundamental Rights 4.7 Summary

4.8 Key words 4.9 Learning Activity 4.10 Unit End Questions 4.11 References 4.0 OBJECTIVE After reading this unit, you will be able to: • Trace historical background of Fundamental Rights; • Explain their salient features; • Describe Six Important Fundamental Rights; and • Discuss reasonable restrictions on Fundamental Rights; • Answer the examination oriented questions. 4.1 INTRODUCTION 86 CU IDOL SELF LEARNING MATERIAL (SLM)

Fig 4.1 Fundamental rights are those rights which are essential for intellectual, moral and spiritual development of citizens of India. As these rights are essential for existence and all-round development of individuals, they are called 'Fundamental rights'. As you have learned in Unit 3 that the preamble to Indian constitution is about the resolution of Indians (“We, the People of India”) for securing freedom, equality, justice, security, dignity to all citizens. These commitments have been incorporated as Fundamental Rights and Directive Principles of the State Policy in the Part III and Part IV of the constitution respectively. You will read about Directive Policy of State Policy (DPSPs) in subsequent chapters. The Fundamental Rights are justiciable, which means that if Fundamental Rights of citizen or persons are contravened, she/he can approach the court for their protection. On the other hand in subsequent chapters you will read that Directive Principles of State Policy are non- justiciable. It means that if the state does not follow the provisions of Directive Principles of State Policy, a citizen cannot approach court claiming them. 4.2 HISTORICAL BACKGROUND The concept of rights which finally came to be known as Fundamental Rights in Indian constitution evolved. The demand for civil liberties formed an important part of the Indian independence movement, with one of the objectives of the Indian National Congress (INC) being to end discrimination between the British rulers and their Indian subjects. This demand was explicitly mentioned in resolutions adopted by the INC between 1917 and 1919. The demands articulated in these resolutions included granting to Indians the rights to equality before the law, free speech, trial by juries composed at least half of Indian members, political power, and equal terms for bearing arms as British citizens. The unsatisfactory Montagu–Chelmsford Reforms of 1919, and the rise to prominence of M.K. Gandhi in the Indian independence movement marked a change in the attitude of its leaders towards articulating demands for civil rights. The focus shifted from demanding equality of status between Indians and the British to assuring liberty for all Indians. According to Granville Austin, the concept of Fundamental Rights was implicit in the formation of the Indian National Congress in 1885, in which Indians demanded the same rights and privileges enjoyed by the British in India and in England. Some of these rights 87 CU IDOL SELF LEARNING MATERIAL (SLM)

were included in the documents. For instance, Constitution of India Bill, 1895 provides rights to Indians such as free speech, imprisonment only by competent authority, and free State education. In the following period, demands were made from several quarters asking the British government to grant rights to Indians. Between 1917 and 1919, these demands were made in resolutions by the Indian National Congress in several bills and in committee reports. The Commonwealth of India Bill, 1925 drafted by Annie Basent, the Nehru Report 1928, the Sapru Report of 1945, and Sub-Committee of the Constituent Assembly on Fundamental Rights had provisions about rights of the people. 4.2.1 The Commonwealth of India Bill, 1925 The Commonwealth of India Bill 1925 was first drafted by the ‘National Convention’ in April 1924 in the context of the Indian nationalist movement, of which Annie Besant was the Chairwoman, that believed it was time for Indians to be governed by a Constitution framed by Indians. The Bill consisted of 127 Articles organised around ten chapters. The Commonwealth of India Bill demanded seven Fundamental Rights for Indians. Among these rights included: individual liberty, freedom of conscience, free expression of opinion, free assembly, and equality before law. The bill also has provisions for right to free elementary education, equal right to use roads, court of justice and all other places of business and resort dedicated to public. 4.2.2 The Nehru Report, 1928 The printing of the Commonwealth Bill was followed by the visit of Simon Commission in 1927, which aimed to study the possibility of introducing constitutional reforms in India. In response to the Simon Commission, the Congress passed the resolution to set up committee in forty-third annual session held in Madras for the purpose of drafting of “a Swaraj Constitution for India”. The task to draft the constitution was assigned to Nehru committee and its chairman was Motilal Nehru. The Nehru report underlined the need for securing Fundamental Rights that had been denied to them by the colonial government. In December 1927, at its Madras session, the Indian National Congress, took two major decisions in response to the setting up the Simon Commission: 1. It decided to not cooperate with the Commission; 2. It set up an All-Parties Conference to draft a Constitution for India. Indeed, the Fundamental Rights in the Nehru report were reiteration of the rights mentioned 88 CU IDOL SELF LEARNING MATERIAL (SLM)

in the Commonwealth of India Bill. This report underlined prominently the need to protect minority rights. The Congress party in its session in 1931 held at Karachi passed a Resolution which came to be known as the Karachi Resolution. The Karachi Resolution highlighted the need to end exploitation of masses and to make economic freedom intertwined with the political freedom. It suggested that suitable legislations should be made to safeguard the interests of working classes. 4.2.3 The Sapru Report, 1945 The Constitutional Proposals of the Sapru Committee commonly referred to as the Sapru Committee Report was published in 1945 to resolve issues pertaining to minorities that had plagued Indian political and constitutional discourse. The Sapru Committee was assigned the task of doing spadework for making constitution for future India. The Committee consisted of thirty members. It was known as Sapru Committee after the name of its chairman, Tej Bahadur Sapru, a well-renowned lawyer. The Sapru Committee is distinguished for making two suggestions about rights: 1. It made distinction between justiciable rights and non-justiciable rights. 2. It suggested that rights of the minorities must be protected. 4.2.4 The Sub-Committee on Fundamental Rights The Constituent Assembly had constituted various committees to give suggestions for inclusion in the constitution. One such committee, which was headed by Sardar Vallabhbhai Patel, was to give suggestions about Fundamental Rights, minority Rights and Tribal and Excluded Areas. This Committee was divided into sub-committees. One such sub- committees was also on Fundamental Rights. The Fundamental Right sub-committee or the Rights sub-committee as it was known was headed by J.B. Kripalani. This committee had representation of diverse sections of society, including women – Amrit Kaur and Hansa Mehta. An important decision which the Right sub-committee took was to include the Fundamental Rights as justiciable right. The suggestions of the Rights sub-committee were incorporated as Fundamental Rights in Part III of the Constitution after they were discussed in the Constituent Assembly. Part III of the Indian Constitution talks about Fundamental Rights. The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human 89 CU IDOL SELF LEARNING MATERIAL (SLM)

dignity. All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. There are seven categories of Fundamental Rights (FR) which are covered from Articles 12-35. ARTICLE 12: DEFINITION In this Part, unless the context otherwise required, “the State” includes the Governmental and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. ARTICLE 13: LAWS INCONSISTENT WITH OR IN DEROGATION OF THE FUNDAMENTAL RIGHTS (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. (3) In this article, unless the context otherwise required, – (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. (4) Nothing in this article shall apply to any amendment of this Constitution made under article 368. ARTICLE 14: EQUALITY BEFORE LAW The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. 90 CU IDOL SELF LEARNING MATERIAL (SLM)

ARTICLE 15: PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION, RACE, CASTE, SEX OR PLACE OF BIRTH (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to – (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) Nothing in this article or in clause (2) or article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. ARTICLE 16: EQUALITY OF OPPORTUNITY IN MATTERS OF PUBLIC EMPLOYMENT (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment. (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in 91 CU IDOL SELF LEARNING MATERIAL (SLM)

the opinion of the State, is not adequately represented in the services under the State. (4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State. (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. ARTICLE 17: ABOLITION OF UNTOUCHABILITY “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law. ARTICLE 18: ABOLITION OF TITLES (1) No title, not being a military or academic distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State. (3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State. (4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State. ARTICLE 19: PROTECTION OF CERTAIN RIGHTS REGARDING FREEDOM OF SPEECH, ETC. (1) All citizens shall have the right – (a) to freedom of speech and expression; 92 CU IDOL SELF LEARNING MATERIAL (SLM)

(b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business. (2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty 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 offence. (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interest of the sovereignty and integrity of India or public order, reasonable restrictions on the right conferred by the said sub-clause. (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (5) Nothing in sub-clause (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Schedule Tribe. (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, – 93 CU IDOL SELF LEARNING MATERIAL (SLM)

(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise. ARTICLE 20: PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself. 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. Article 21A: Right to education The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. ARTICLE 22: PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the 94 CU IDOL SELF LEARNING MATERIAL (SLM)

nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply – (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless – (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or (b) such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7). (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. (6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose. (7) Parliament may by law prescribe – (a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4); 95 CU IDOL SELF LEARNING MATERIAL (SLM)

(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4). ARTICLE 23: PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on ground only of religion, race, caste or class or any of them. ARTICLE 24: PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, ETC. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. ARTICLE 25: FREEDOM OF CONSCIENCE AND FREE PROFESSION, PRACTICE AND PROPAGATION OF RELIGION (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law – (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious 96 CU IDOL SELF LEARNING MATERIAL (SLM)

institutions of a public character to all classes and sections of Hindus. Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. Explanation II: In sub-Clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly. ARTICLE 26: FREEDOM TO MANAGE RELIGIOUS AFFAIRS Subject to public order, morality and health, every religious denomination or any section thereof shall have the right – (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with the law. ARTICLE 27: FREEDOM AS TO PAYMENT OF TAXES FOR PROMOTION OF ANY PARTICULAR RELIGION 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 28: FREEDOM AS TO ATTENDANCE AT RELIGIOUS INSTRUCTION OR RELIGIOUS WORSHIP IN CERTAIN EDUCATIONAL INSTITUTIONS (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. 97 CU IDOL SELF LEARNING MATERIAL (SLM)

(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is minor, his guardian has given his consent thereto. ARTICLE 29: PROTECTION OF INTERESTS OF MINORITIES (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them. ARTICLE 30: RIGHT OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. (1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause. (2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. ARTICLE 31: COMPULSORY ACQUISITION OF PROPERTY {…} ARTICLE 31A: SAVING OF LAWS PROVIDING FOR ACQUISITION OF ESTATES, ETC. 98 CU IDOL SELF LEARNING MATERIAL (SLM)

(1) Notwithstanding anything contained in article 13, no law providing for – (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of share-holders thereof, or (e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of and such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent: Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof. (2) In this article, – (a) the expression “estate” shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenure in force in that area and shall also include – (i) any jagir, inam or muafi or other similar grant and in the States of Tamil Nadu and 99 CU IDOL SELF LEARNING MATERIAL (SLM)

Kerala, any janmam right; (ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of agriculture of for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans; (b) the expression “rights”, in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue. ARTICLE 31B: VALIDATION OF CERTAIN ACTS AND REGULATIONS Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provision thereof shall be deemed to be void, or even to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force. ARTICLE 31C: SAVING OF LAWS GIVING EFFECT TO CERTAIN DIRECTIVE PRINCIPLES Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy: Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent. 100 CU IDOL SELF LEARNING MATERIAL (SLM)