Questions on Constitution of India: Solutions
A. Constitution: Meaning, Law, and Constitutionalism
1. Define the term Constitution. Why is it considered the supreme law of the land?
 A Constitution is the fundamental law of a nation. It is a sovereign legal document that
establishes the framework of the government, defines the structure, powers, and duties of
governmental institutions (Legislature, Executive, Judiciary), and sets out the relationship
between the state and its citizens by enumerating their rights and duties.

Supreme Law: It is considered the supreme law because:
o
Grundnorm: It is the source of all other laws. No law enacted by the legislature can
contravene the provisions of the Constitution. If it does, it can be declared unconstitutional
and void by the judiciary.
o
Authority: All three organs of the government derive their authority from it and must
operate within the framework it provides.
o
Rigidity: It has a special, and often more difficult, procedure for amendment compared
to ordinary laws, signifying its superior status.
2. Distinguish between Constitution and Constitutional Law.
Basis of Constitution
Difference
Meaning
It is the primary, comprehensive source that
contains the fundamental principles and the
basic framework of the state and its
governance.
Constitutional Law
It is a broader term that includes the
Constitution itself, along with all the
statutes, judicial precedents, and
conventions
that
interpret
and
supplement it.
Narrow and specific. It refers to the single, Wider. It encompasses the entire body of
written document.
rules—from the Constitution, statutes,
and cases—that govern the functioning
of the state.
It is the foundational document.
It is a dynamic and ever-evolving field of
law built upon the foundation of the
Constitution.
Scope
Nature
3. Explain the concept of Constitutionalism. How does it act as a limitation on governmental
power?
 Constitutionalism is the doctrine or philosophy that government authority is derived from and
limited by a body of fundamental law (the Constitution) for the purpose of protecting individual
rights and liberties. It emphasizes that the government is not all-powerful (absolute) but must
operate within defined legal constraints.

Limitation on Governmental Power: It acts as a limitation through:
o
Rule of Law: It establishes that no one is above the law, including the government.
o
Separation of Powers: It distributes power among the legislature, executive, and
judiciary to prevent the concentration of power in a single organ.
o
Fundamental Rights: It guarantees certain inalienable rights to citizens that the
government cannot usurp.
o
Judicial Review: It empowers the judiciary to review and strike down government actions
and laws that violate the Constitution.
o
Free and Fair Elections: It ensures that those in power are accountable to the people.
4. "Constitutionalism is not merely having a Constitution, but ensuring limited
government." Discuss.
 This statement highlights the true essence of constitutionalism. A country can have a detailed
written constitution (e.g., the former USSR) but still be a dictatorship if that constitution is not
respected and the government operates without constraints. Therefore:

Merely Having a Constitution: This is a formal requirement. It is just a document. An
authoritarian regime can have a constitution that, on paper, grants all power to the ruler, making
it a tool of power rather than a limitation.

Ensuring Limited Government: This is the functional requirement of constitutionalism. It
involves:
o
Practice over Letter: The principles of the Constitution must be followed in spirit by the
government.
o
Checks and Balances: Effective mechanisms must exist to check the exercise of power.
o
Protection of Rights: Individual liberties must be practically enforceable against the
state.
o
Independent Judiciary: A judiciary free from executive control is essential to uphold the
Constitution.
B. Historical Perspective of the Constitution of India
5. Briefly explain the historical developments that led to the framing of the Indian
Constitution.
 The framing of the Indian Constitution was the culmination of a long historical process:

British Colonial Rule: The framework of the modern Indian state was laid down through various
Acts and regulations passed by the British Parliament (e.g., Regulating Act 1773, Pitt's India Act
1784).

Nationalist Movement: The demand for self-governance grew through resolutions of the Indian
National Congress (e.g., Poorna Swaraj resolution of 1929).

Government of India Acts: The Acts of 1909, 1919, and especially 1935 provided the
immediate administrative structure and a blueprint for a federal polity, which was heavily
borrowed by the framers.

Magna Carta of India: The Nehru Report (1928) was the first major Indian effort to draft a
constitutional framework.

Post-WWII & Independence: The Cabinet Mission Plan (1946) proposed the formation of a
Constituent Assembly. With independence and partition in 1947, the Constituent Assembly
(formed in 1946) became a sovereign body to draft the constitution for a free India.
6. What role did the Government of India Acts (1909, 1919, 1935) play in shaping the Indian
Constitution?

GoI Act, 1909 (Morley-Minto Reforms): Introduced the concept of a separate electorate for
Muslims. This planted the seeds of communalism but also familiarized India with the electoral
principle.

GoI Act, 1919 (Montagu-Chelmsford Reforms):

o
Introduced dyarchy in the provinces, dividing subjects into "Reserved" (controlled by the
Governor) and "Transferred" (controlled by Indian ministers).
o
Established a bicameral legislature at the centre.
o
This act provided early experience with a partial responsible government.
GoI Act, 1935: This was the most influential of all.
o
It provided for an All-India Federation (which never came into being).
o
It abolished dyarchy in the provinces and introduced provincial autonomy.
o
It established a federal structure with a distribution of powers via three lists: Federal,
Provincial, and Concurrent.
o
It established a Federal Court.
o
The Indian Constitution borrowed heavily from this Act, especially the administrative
details, the scheme of federalism, and the emergency provisions.
7. Discuss the importance of the Constituent Assembly in the making of the Constitution
of India.
 The Constituent Assembly (1946-1949) was of paramount importance:

Sovereign Body: After Independence, it became a fully sovereign body representing the people
of India, free from British control.

Representative and Inclusive: It was a "mini-India" comprising members from all regions,
communities, and ideologies, ensuring wide deliberation and consensus-building.

Drafting Committee: It appointed a Drafting Committee under the chairmanship of Dr. B.R.
Ambedkar, which performed the Herculean task of drafting the document.

Detailed Deliberations: It held 11 sessions over 2 years, 11 months, and 18 days. The
members debated over 2000 amendments to the draft before finalizing the text. This process
ensured that the Constitution was well-considered and reflected the aspirations of the people.

Legitimacy: The immense effort and democratic process bestowed immense legitimacy upon
the final document, making it a charter created by "We, the People."
8. Trace the influence of foreign constitutions on the Indian Constitution.
 The Indian Constitution is a "bag of borrowings," wisely adapting features from other
constitutions to suit Indian conditions.

UK: Parliamentary System, Rule of Law, Single Citizenship, Cabinet System, Office of Speaker,
Parliamentary Privileges.

USA: Fundamental Rights, Judicial Review, Independence of Judiciary, Impeachment of
President, Vice-President's role, Preamble.

Ireland: Directive Principles of State Policy (DPSP), Method of Election of the President,
Nomination of members to Rajya Sabha.

Canada: Federation with a strong Centre, Residual powers with the Centre, Appointment of
State Governors by the Centre.

Germany (Weimar Constitution): Suspension of Fundamental Rights during an Emergency.

Australia: Concurrent List, Freedom of Trade and Commerce, Joint Sitting of Parliament.

USSR (Now Russia): Fundamental Duties, Ideals of Justice (Social, Economic, Political) in the
Preamble.

France: Ideals of Liberty, Equality, and Fraternity in the Preamble.

South Africa: Procedure for amendment of the Constitution.
C. Salient Features and Characteristics
9. List and explain the salient features of the Indian Constitution.
a) Lengthiest Written Constitution: It is the most detailed constitution in the world, originally
containing 395 Articles and 8 Schedules (now 12 Schedules).
b) Drawn from Various Sources: It has wisely borrowed features from other constitutions.
c) Blend of Rigidity and Flexibility: Some provisions are easy to amend (simple majority),
while others require a special majority and/or ratification by states, making it a balanced
document.
d) Federal System with Unitary Bias: It has all features of a federation (two governments,
division of powers, written constitution, supremacy of constitution, independent judiciary) but
with strong centralizing tendencies (e.g., single citizenship, single constitution, emergency
provisions).
e) Parliamentary Form of Government: Based on the UK model, it features a nominal head
(President), real executive (Prime Minister and Council of Ministers) responsible to the
legislature (Lok Sabha), and a fusion of powers.
f) Synthesis of Parliamentary Sovereignty and Judicial Supremacy: The Parliament is
supreme in law-making, but the Supreme Court is supreme in interpreting the constitution
and can strike down parliamentary laws (Judicial Review).
g) Rule of Law: It implies the supremacy of law and equality before the law.
h) Integrated and Independent Judiciary: A single, hierarchical system of courts with the
Supreme Court at the apex, ensuring its independence through security of tenure and fixed
salaries for judges.
i) Fundamental Rights: Part III (Articles 12-35) guarantees six groups of rights to individuals
against state action.
j) Directive Principles of State Policy (DPSP): Part IV provides non-justiciable guidelines for
the government to establish a welfare state.
k) Fundamental Duties: Article 51A lists the moral obligations of citizens.
l) Secular State: The state has no official religion and treats all religions with equal respect.
m) Universal Adult Franchise: All citizens above 18 years have the right to vote without any
discrimination.
n) Single Citizenship: Unlike other federations, India offers only single citizenship to its
citizens.
o) Independent Bodies: Constitution establishes autonomous bodies like the Election
Commission, UPSC, and CAG to ensure the democratic system functions smoothly.
10. "The Indian Constitution is federal in form but unitary in spirit." Explain with examples.
 This statement by K.C. Wheare highlights the unique quasi-federal nature of the Indian
Constitution.

Federal in Form (Features that make it federal):
o
o
o
o
o

Written Constitution
Division of Powers (Union, State, Concurrent Lists)
Supremacy of the Constitution
Independent Judiciary (to settle disputes)
Bicameralism (Rajya Sabha represents the states)
Unitary in Spirit (Features that make it unitary/strong centre):
o Single Constitution and Citizenship: States cannot have their own constitution or
citizenship.
o Unequal Representation of States in Rajya Sabha: Representation is by population,
not equality.
o Appointment of Governor: The Governor is appointed by the President and acts as an
agent of the centre.
o Emergency Provisions (Article 352, 356): During an emergency, the union can become
fully unitary; the Parliament can make laws on state subjects, and the state executive is
placed under central control.
o Parliament's Power to Alter Boundaries: Parliament can change the name,
boundaries, or create new states by a simple majority.
o Integrated Judiciary, All-India Services, and Consolidated Fund further strengthen
the centre.
11. Why is the Indian Constitution called the lengthiest written Constitution?
It is the lengthiest due to several factors:

Detailed Administrative Provisions: Instead of leaving matters to ordinary legislation, the
constitution itself includes detailed provisions on administration (e.g., UPSC, Election
Commission, CAG), borrowed heavily from the GoI Act, 1935.

Incorporation of Fundamental Rights & DPSP: It elaborately details justiciable rights and nonjusticiable principles.

Diversity and Complexity of India: To accommodate the vast diversity in language, culture,
and religion, the constitution had to include special provisions for scheduled castes, scheduled
tribes, backward classes, official languages, etc.

Temporary & Transitional Provisions: It included temporary provisions for the integration of
princely states (e.g., Article 370 for J&K, now abrogated) and special status for certain regions.

Numerous Amendments: The numerous amendments have also added to its volume.
12. Explain the significance of the Preamble as a key feature of the Indian Constitution.
 The Preamble is the "identity card of the constitution" (N.A. Palkhivala). Its significance is:
 Source of Authority: It declares that the Constitution derives its authority from the people
of India ("We, the People of India...").
 Statement of Objectives: It lays down the ideals and goals for the nation: Justice (Social,
Economic, Political), Liberty (of thought, expression, belief, faith, worship), Equality (of
status and opportunity), and Fraternity (assuring the dignity of the individual and the unity of
the nation).
 Nature of the State: It declares India to be a Sovereign, Socialist, Secular, Democratic
Republic.
 Date of Adoption: It contains the date (November 26, 1949) from which the Constitution
was adopted.
 Guidance for Interpretation: The Supreme Court has held that the Preamble is a part of
the Constitution and can be used to interpret ambiguous provisions of the Constitution (e.g.,
the "Basic Structure" doctrine established in Kesavananda Bharati case, 1973).
D. Scheme of Fundamental Rights
13. What are Fundamental Rights? Why are they considered justiciable rights?
 Fundamental Rights are a group of rights enshrined in Part III (Articles 12-35) of the Constitution.
They are essential for the development of an individual's personality and are guaranteed and
protected by the Constitution against arbitrary state action.

Justiciable Rights: They are called justiciable because:
o Enforceable: If these rights are violated by the state or any other entity, an individual has
the right to directly approach the Supreme Court (under Article 32) or the High Courts
(under Article 226) for their enforcement.
o
Remedies: The courts are empowered to issue writs (Habeas Corpus, Mandamus,
Prohibition, Quo Warranto, and Certiorari) to enforce these rights.
o
Invalidation of Laws: Any law that abridges or takes away a Fundamental Right can be
declared void by the judiciary.
14. Discuss the classification of Fundamental Rights under the Indian Constitution.
Originally seven, now there are six categories of Fundamental Rights:
a) Right to Equality (Articles 14-18): Includes equality before law, prohibition of discrimination,
equality of opportunity, abolition of untouchability, and abolition of titles.
b) Right to Freedom (Articles 19-22): Includes protection of six freedoms (speech, assembly,
association, movement, residence, profession), protection in respect of conviction for offences,
and protection of life and personal liberty. It also includes safeguards against arbitrary arrest and
detention.
c) Right against Exploitation (Articles 23-24): Prohibits trafficking, forced labour (begar), and
employment of children in hazardous jobs.
d) Right to Freedom of Religion (Articles 25-28): Guarantees freedom of conscience, free
profession, practice, and propagation of religion, freedom to manage religious affairs, and
freedom from taxes for religious purposes.
e) Cultural and Educational Rights (Articles 29-30): Protects the interests of minorities by
allowing them to conserve their culture and language and to establish and administer
educational institutions of their choice.
f) Right to Constitutional Remedies (Article 32): The most important right, it empowers citizens
to move the Supreme Court for the enforcement of all the above rights. It is the "heart and soul"
of the Constitution.
15. Explain the concept of reasonable restrictions on Fundamental Rights with examples.
 The Constitution does not grant absolute rights. To balance individual liberty with the needs of
society and the state, certain rights (especially those under Article 19) can be subject to
"reasonable restrictions."

Concept: This means the state can impose limitations on the exercise of a right if the restriction
is:
a) Provided by law (not by executive order alone).
b) Serves a legitimate state interest (e.g., sovereignty, public order, decency, morality).
c) Is proportionate (the restriction must not be excessive or arbitrary).

Examples:
o Article 19(2): Freedom of speech can be restricted in the interests of sovereignty and
integrity of India, 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.
o Article 19(3): Freedom to assemble can be restricted in the interests of public
order and sovereignty and integrity of India.
o Article 19(4): Freedom to form associations/unions can be restricted in the interests
of public order, morality, and sovereignty and integrity of India.
16. How does Article 32 act as the "heart and soul" of the Constitution according to Dr. B.R.
Ambedkar?
 Dr. B.R. Ambedkar called Article 32 the "heart and soul of the Constitution." His reasoning
was:
 Guarantor of Rights: Without a remedy, a right is meaningless. Article 32 provides the remedy.
It is the provision that makes all other Fundamental Rights real and enforceable.
 Fundamental Right Itself: It is unique because it is both a Fundamental Right and the
mechanism to protect all other Fundamental Rights.


Power of the Supreme Court: It confers the "right to constitutional remedies," empowering an
individual to directly approach the Supreme Court for the enforcement of their Fundamental
Rights. The Supreme Court is designated as the "guardian and protector" of these rights.
Non-Derogable Right: The power of the Supreme Court to issue writs under this article cannot
be suspended except under a constitutional emergency (Article 359). This ensures rights are
protected even in difficult times.
E. Scheme of Fundamental Duties and Their Legal Status
17. List the Fundamental Duties as given under Article 51A of the Indian Constitution.
 There are 11 Fundamental Duties listed in Article 51A, inserted by the 42nd Amendment Act,
1976. They are:
I.
To abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem.
II. To cherish and follow the noble ideals which inspired our national struggle for freedom.
III. To uphold and protect the sovereignty, unity and integrity of India.
IV. To defend the country and render national service when called upon to do so.
V. To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce practices
derogatory to the dignity of women.
VI. To value and preserve the rich heritage of our composite culture.
VII. To protect and improve the natural environment including forests, lakes, rivers and wildlife
and to have compassion for living creatures.
VIII. To develop the scientific temper, humanism and the spirit of inquiry and reform.
IX.
To safeguard public property and to abjure violence.
X.
To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement.
XI.
To provide opportunities for education to one's child or ward between the age of six and
fourteen years. (Added by the 86th Amendment Act, 2002).
18. Discuss the significance of Fundamental Duties in strengthening democracy.
Fundamental Duties play a crucial role in strengthening democracy by:

Creating Responsible Citizens: They remind citizens that enjoying rights comes with
responsibilities towards the nation and society. Promoting Social Responsibility: Duties like
promoting harmony, renouncing discrimination, and preserving heritage foster a sense of social
responsibility and national integration.

Checking Misuse of Rights: They act as a moral check on the misuse of Fundamental Rights.
For example, the duty to abjure violence balances the right to freedom of speech and assembly.

Judicial Interpretation: Courts can use them to interpret ambiguous statutes and validate laws
that promote these duties.

Environmental Consciousness: The duty to protect the environment provides a constitutional
basis for environmental litigation and policies.
19. Explain the legal status of Fundamental Duties. Can they be enforced in a court of law?

Legal Status: Fundamental Duties are non-justiciable. This means they are not legally
enforceable by the courts. Unlike Fundamental Rights, a citizen cannot be directly punished by
a court for not performing their fundamental duties (e.g., a court cannot force someone to
develop a scientific temper).

Indirect Enforcement: While not directly enforceable, they hold significant value:
o
The Parliament can enact laws to enforce specific duties, and penalties for violating those
laws are enforceable. For example, laws against damaging public property (duty 9) or
laws for environmental protection (duty 7).
o
Courts have referred to them while interpreting laws or upholding government policies
that promote these duties. They are used as a tool of constitutional interpretation.
20. "Fundamental Duties are moral obligations rather than legal obligations." Discuss with
case law.
 This statement is largely accurate, reflecting their current non-justiciable nature.

Moral Obligations: They are primarily ethical and civic directives intended to instill a sense of
discipline and commitment among citizens. They serve as a constant reminder of the democratic
obligations expected from citizens.

Not Strictly Legal Obligations: Since they lack direct legal sanction (you can't be sued just for
not cherishing noble ideals), they are not legal obligations in the same way as obeying a penal
law is.

Case Law - AIIMS Students Union v. AIIMS (2001):
o The Supreme Court held that though Fundamental Duties are not enforceable, they are still
important for the well-being of society.
o The Court stated that duties should guide the interpretation of constitutional and legal issues.
In this case, it used the duty to strive for excellence (Art. 51A(j)) to uphold the validity of
an institution's policy for an in-house entrance test, reasoning that such a policy was in line
with the duty to achieve high standards.
o This case illustrates that while courts cannot directly punish a citizen for ignoring a duty, they
can use the duties as a reference point to validate laws and policies that align with them,
giving them an indirect legal significance.