Indian Constitution GTU Paper Solution Winter 2024

The idea or belief that a government should operate according to
the rules and principles set out in the Constitution is called constitutional law.

• It is a concept or idea that focuses on how the government should behave, respecting the rules in the Constitution.
• It ensures that those in power follow the Constitution and do not abuse their authority.
• It is used to check and balance the government, ensuring it does not become too powerful or violate people’s rights.

Importance of Constitutional Law :

1. Ensures Government Accountability : Constitutionalism means that the government must follow the rules of the Constitution. This makes sure that leaders are accountable to the people and cannot
   act above the law.
2. Protects Democracy : Constitutionalism helps maintain a healthy democracy by ensuring that the government respects the will of the people and operates within the boundaries of the Constitution.
3. Prevents Abuse of Power : By insisting that the government follows the Constitution, constitutionalism helps prevent leaders from abusing their power. It acts as a safeguard against dictatorship or tyranny.
4. Upholds Justice : Constitutionalism ensures that laws are applied fairly to everyone, regardless of who
   they are. It makes sure that the justice system operates according to the principles in the Constitution.
5. Supports the Rule of Law : Constitutionalism promotes the idea that everyone, including government officials, must obey the law. This helps create a society where laws are respected and followed, leading to a more peaceful and just community.

The Indian Constitution is both rigid and flexible. Some parts can be amended by a
simple majority in Parliament, while others require a special majority and sometimes
approval from the states.

• The Indian Constitution is a balancing act between rigidity and flexibility.
• Some provisions can be amended by a special majority of the Parliament, which is defined as a two-thirds majority of the members of each House present and voting, as well as a majority(more than 50%) of the total membership of each House.
• Other provisions may be amended with a special majority of the Parliament and ratification by half of the total number of states.
• Simultaneously, certain provisions of the Constitution can be amended by a simple majority of Parliament in the manner of the ordinary legislative process.
• The provisions in the constitution that allow the parliament to supplement the provisions of the constitution with legislation add to the constitution’s flexibility.

The Indian Constitution’s balance of rigidity and flexibility allows it to maintain stability while still adapting to the needs of society. The judiciary plays a key role in interpreting and applying constitutional provisions, which helps to bridge the gap between rigidity and flexibility.

Article 19 of the Indian Constitution guarantees certain fundamental freedoms to
the citizens of India. These freedoms are important for ensuring individual liberty and
democratic participation. However, these freedoms are not absolute and come with certain
reasonable restrictions to balance individual rights with public interest.

Freedoms under Article 19 :

1. Freedom of Speech and Expression : You have the right to express your thoughts, ideas, and opinions freely.

• Restrictions : Can be restricted for reasons like maintaining public order, decency, or morality, or to prevent defamation and incitement to violence.

2. Freedom to Assemble Peacefully and Without Arms : You can gather and hold meetings or protests peacefully.

• Restrictions : Assemblies may be restricted for reasons like public order or if they pose a threat to national security.

3. Freedom to Form Associations or Unions : You can form or join groups, organizations, or trade unions.

• Restrictions : Restrictions may apply to prevent activities that undermine national security or public order.

4. Freedom to Move Freely Throughout the Territory of India : You can travel and reside anywhere within the country.

• Restrictions : Movement can be restricted for reasons like public health, safety, or to protect the interests of scheduled areas.

5. Freedom to Reside and Settle in Any Part of the Territory of India : You can live and settle wherever you want within India.

• Restrictions : Restrictions can be imposed to regulate the migration of people to prevent overpopulation or strain on resources in certain areas.

Everyone has the right to life, liberty and the security of person. The right to life is undoubtedly the most fundamental of all rights. ‘Life’ as mentioned under Article 21 signifies not merely living or the physical act of breathing. It has a much more profound meaning that signifies the :

▪ Right to live with human dignity;
▪ Right to livelihood;
▪ Right to health;
▪ Right to pollution-free air; and
▪ Right to live a quality life.
▪ Right to go abroad;
▪ Right to privacy;
▪ Right against solitary confinement:
▪ Right against delayed execution;
▪ Right to shelter;
▪ Right against custodial death;
▪ Right against public hanging; and anything and everything that fulfills the criteria for a dignified life.

As human rights can only attach to riving beings, one might expect the right to life itself to be in
some sense primary since none of the other rights would have any value or utility without it.

Article 21 of the constitution of India, 1950 provides that. No person shall be deprived of his life or
personal liberty except according to procedure established by law. ‘Life’, in Article 21 of the
constitution is not merely the physical act of breathing. It does not indicate mere animal existence or
continued drudgery through life.

It has a much wider meaning which includes the right to live with human dignity, right to livelihood,
right to health, right to pollution-free air, etc.

The right to life is fundamental to our very existence without which we cannot live as a human being
and includes all those aspects of life, which go to make a man’s life meaningful, complete, and worth
living. under Article 21, so many rights have found shelter, growth, and nourishment. Thus, the bare
necessities minimum and basic requirements that are essential and unavoidable for a person is the core
concept of the right to life.

It would even include the right to protection of a person’s tradition, culture, heritage and all that gives
meaning to a man’s life. It includes the right to live in peace, to sleep in peace and the right to repose and
health.

The following ten duties have been listed in the Constitution of India :

1. To abide by the Constitution and respect its ideals and institutions, the National Flag National Anthem
2. To protect and improve the natural environments including forest, lakes, rivers and wildlife
3. To cherish and follow the noble deals which inspired our national struggle for freedom,
4. To uphold and protect the sovereignty, unity and integrity of India.
5. To defend the country and render national service when called upon to do,
6. To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women,
7. To value and preserve the rich heritage of our composite culture,
8. To safeguard public property and not to use violence,
9. To develop the scientific temper, humanism and the spirit of inquiry and reform,
10. To serve towards excellence in all spheres of individual and collective activity.

The Indian Constitution provides three methods for making amendments, depending on the nature of the provision being changed. These methods ensure flexibility while maintaining stability and protecting the core principles of the Constitution. The amendment procedure is laid out in Article 368 of the Constitution.

1. Amendment by Simple Majority :

• Certain provisions of the Constitution can be amended by a simple majority of the members present and voting in both Houses of Parliament. These amendments are generally related to non-fundamental aspects of the Constitution and do not fall under Article 368.
• Provisions Amended by Simple Majority :
  – Formation of new states and alteration of state boundaries.
  – Abolition or creation of legislative councils in states.
  – Changes to rules of procedure in Parliament.
• Example : Creation of new states like Telangana (2014) involved amendments passed by a simple majority.

2. Amendment by Special Majority :

• Most amendments require a special majority, which means : At least two-thirds of the members present and voting in each House of Parliament must approve the amendment. Additionally, the amendment must be supported by a majority of the total membership of each House.
• Provisions Amended by Special Majority :
  – Fundamental Rights, Directive Principles, and other key provisions like Parliament’s powers.
• Example : The 42nd Amendment (1976), which introduced changes to the Preamble and expanded the scope of fundamental rights, was passed by a special majority.

3. Amendment by Special Majority and Ratification by States :

• Some amendments affecting the federal structure of the Constitution require : A special majority in both Houses of Parliament and Ratification by the legislatures of at least half the states.
• Provisions Amended by Special Majority and Ratification by States :

1. Changes to the election of the President.
2. Distribution of legislative powers between the Union and the states.
3. Powers of the Supreme Court and High Courts.

• Example : The 101st Amendment (2016), which introduced the Goods and Services Tax (GST), required ratification by state legislatures.

• Under Article 352, the President can declare a national emergency if he believes that there is a threat to the security of India or to the security of a part of India.
• The President can declare a national emergency only after receiving a written communication from the Union Cabinet.
• Article 352 (1) says, “If the President is satisfied that a grave emergency exists whereby the security of India or of any part of territory thereof is threatened, whether by war or external aggression or armed rebellion he may, by proclamation, make declaration to that effect.”
• National Emergency is caused by war, external aggression or armed rebellion in the whole world of India or a part of its territory.
• the President can declare an emergency even before the actual occurrence of war or external aggression or armed rebellion.
• The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister.
• The proclamation of emergency must be approved by both the Houses of the Parliament by more than half of the total members and at least by two-third of the members present and voting.
• If approved the proclamation may continue for a period of six month, and can be extended to an indefinite period unless revoked by the president.
• During the times of emergencies the executive, legislative and financial power of every State in India is to be exercised in accordance with the directions given by the Union Government.
• The Union Government under Article 250 gets the power to make laws for the whole or any part of the country.
• The six fundamental Right to Freedoms under Article 19 are automatically suspended. However, the Right to Life and personal Liberty cannot be suspended.
• During Emergency the Parliament can make laws on the 66 subjects of the State List. Also, during emergency all money bills are referred to the parliament for its approval.
• During the Emergency, the term of the Lok Sabha can be extended by a period of one year but not more than six months from the date when the emergency has ceased to exist.

The 73rd Constitutional Amendment Act of 1992, also known as the Panchayati Raj Act, established the constitutional rules for Panchayati Raj organizations in India. These rules include :

1. Three-tier structure : Panchayati Raj organizations are established in a three-tier structure :

• Zilla Parishad: The district council 

• Gram Panchayat: The village council 

• Panchayat Samiti: The block council 

2. Elections : Regular elections are held roughly every five years.

3. Reservations : Seats for Scheduled Castes, Scheduled Tribes, and women are reserved in proportion to their population. One-third of the total seats are reserved for women.

4. Panchayats at the village level : A panchayat is established for every village with a population of at least 500 people.

5. Intermediate level panchayats : States with a population of more than 20 lakh must establish panchayats at the intermediate level.

6. Term : Panchayats have a uniform five-year term.

7. State Finance Commissions : These commissions are formed to suggest ways to improve panchayat finances and payments.

8. State Election Commissions : These commissions are formed to oversee panchayat elections.

9. District Planning Committees : These committees are formed to draft development strategies for districts.