Constitution Basics and Rule of Law

Vocabulary flashcards covering the basic features of the Indian Constitution, the Preamble, and the Rule of Law as discussed in the lecture notes.

Constitution

The supreme law of a country that defines the structure and functions of the government, and guarantees the fundamental rights and duties of citizens.

Commencement Date of Indian Constitution

The Indian Constitution came into effect on January $26$, $1950$.

Lengthiest Written Constitution (Original)

Originally consisted of $395$ articles, $22$ parts, and $8$ schedules.

Lengthiest Written Constitution (Present)

Presently contains $448$ articles, $25$ parts, and $12$ schedules.

Parliamentary Form of Government

Based on the British Parliamentary System where the Executive and Legislature work together with co-operation and coordination.

Synthesis of Rigidity and Flexibility

The Indian Constitution is neither fully rigid nor flexible; some amendments require special procedures while others are treated as ordinary laws.

Fundamental Rights

Guaranteed to all citizens under Part III, Articles $14$-$32$.

Right to Equality

Governed by Articles $14$-$18$ of the Indian Constitution.

Right to Freedom

Governed by Articles $19$-$22$ of the Indian Constitution.

Right against Exploitation

Governed by Articles $23$-$24$ of the Indian Constitution.

Right to Freedom of Religion

Governed by Articles $25$-$28$ of the Indian Constitution.

Cultural and Educational Rights

Governed by Articles $29$-$30$ of the Indian Constitution.

Right to Constitutional Remedies

Governed by Article $32$ of the Indian Constitution.

Directive Principles of State Policy (DPSP)

Found in Part IV, these set out aims and objectives for governance and were described as a "novel feature" by Dr. B.R. Ambedkar.

Categories of DPSP

Socialistic, Gandhian, and Liberal-intellectual.

Fundamental Duties

Found in Part IVA, Article $51A$; added by the $42nd$ Amendment Act, $1976$, with an $11th$ duty added by the $86th$ Amendment.

Federation with Strong Centralizing Tendency

India is described as a "Union of States" under Article $1$, meaning no state can secede from the federation.

Adult Suffrage

Every citizen aged $18+$ years can vote, reduced from $21$ by the $61st$ Amendment, $1988$.

Independent Judiciary

A system with the Supreme Court at the top, serving as the federal court, highest court of appeal, and guardian of the Constitution.

Secular State

The term "Secular" was added to the Preamble by the $42nd$ Amendment, $1976$, signifying no official state religion.

Single Citizenship

All citizens are citizens of India only, with the same rights regardless of the state they reside in.

Separation of Powers

The division of Legislative, Executive, and Judiciary powers based on Montesquieu's doctrine.

Preamble

The introductory statement of the Constitution outlining its philosophy and objectives; called the "Identity Card" or "Soul" of the Constitution.

Date of Adoption (Preamble)

The Constitution was adopted on the $26th$ day of November, $1949$.

Sovereign

Indicates that India is independent and not under foreign control.

Socialist

A commitment to social equality and economic justice, added by the $42nd$ Amendment, $1976$.

Democratic

Government by the people through elected representatives.

Republic

The head of state (President) is elected, not hereditary.

Justice (Preamble)

Three types: Social (equal treatment), Economic (fair wealth distribution), and Political (equal right to vote).

Liberty (Preamble)

Four aspects: Thought, Expression, Belief, Faith, and Worship.

Equality (Preamble)

Two aspects: Equality of Status (no discrimination) and Equality of Opportunity (equal access to jobs/education).

Fraternity (Preamble)

Assuring the dignity of the individual and the unity and integrity of the Nation.

Re Berubari Case (1969)

The Supreme Court held that the Preamble is not a part of the Constitution.

Kesavananda Bharati Case (1973)

Overruled Berubari, holding that the Preamble is part of the Constitution and contains the "Basic Structure."

LIC of India Case (1995)

Reaffirmed that the Preamble is an integral part of the Constitution.

Rule of Law

Derived from the French "Le principe de legalite," meaning the state is governed by law and no one is above it.

A.V. Dicey's Three Principles

1. Supremacy of Law, 2. Equality before Law, 3. Predominance of Legal Spirit.

Article 13 (1)

Protects the Rule of Law by stating any law inconsistent with the Constitution is void.

Article 21

Ensures no person is deprived of life or liberty except according to procedure established by law.

Bachan Singh v. State of Punjab

Case holding that Rule of Law assumes an independent judiciary, no unfettered legislative power, and law-making by a democratic legislature.