ICSI Notes: Indian Constitution | Legal Aptitude for CSEET PDF Download

 Page 1


187
Legal Aptitude  
and Logical Reasoning
INDIAN CONSTITUTION
LESSON 1
Preamble WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a  
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its 
citizens: 
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; 
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the 
Nation; 
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do 
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 
Page 2


187
Legal Aptitude  
and Logical Reasoning
INDIAN CONSTITUTION
LESSON 1
Preamble WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a  
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its 
citizens: 
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; 
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the 
Nation; 
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do 
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 
188
CSEET Reference Reading Material - I
Legal Aptitude  
and Logical Reasoning
INTRODUCTION
The Constitution which lays down the basic structure of a nation’s polity is built on the foundations 
of certain fundamental values. The vision of our founding fathers and the aim and objectives which 
they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental 
Rights and the Directive Principles. These three may be described as the soul of the Constitution and 
the testament of founding fathers to the succeeding generations together with the later Part on 
Fundamental Duties. 
The vision of socio-economic change through the Constitution is reflected in its Preamble. The Preamble 
expresses the ideals and aspirations of a renascent India. At independence, emerging out of a long 
period of foreign domination and oppression under a feudal system, the people were grimly struggling 
to be reborn into a life of dignity and hope.
The scheme of the Constitution for realisation of socio-economic agenda comprises of both the 
justiciable Fundamental Rights as well as the non-justiciable Directive Principles. The judicial contribution 
to the synthesis and the integration of Fundamental Rights and the Directive Principles in the process 
of “constitutionalising” social and economic rights has been crucial to the realisation of the Directive 
Principles not only as a means to effectuate Fundamental Rights but also as a source of laws for a 
welfare state. (Source: Report of the National Commission to Review the Working of the Constitution, 
31st March, 2002)
The Constitution places a pre-eminent emphasis on the values of liberty and justice, on treating all 
citizens as equal before law and on safeguarding the rights of minorities and the oppressed. The people 
of India derive their existence as a political community from the Constitution, which “we the people”, 
gave to ourselves and, in the process established the Republic of India. It is because the country is 
Republic, and not a mere democracy, that the people are enjoined to nurture and indeed celebrate, 
their linguistic, ethnic, cultural and religious diversity and to ensure that the citizens do not suffer from 
want and indignity. Though the Indian tapestry of traditional multiculturism nourished by many centuries 
of assimilative forces has been subjected to occasional fissures, the most diverse nation on earth has 
been able to overcome those crises and use the innate strength of Indian Republic to uphold the 
dignity and integrity of India.
Broad Framework of the Constitution
The Constitution of India came into force on January 26, 1950. It is a comprehensive document. Apart 
from dealing with the structure of Government, the Constitution makes detailed provisions for the rights 
of citizens and other persons in a number of entrenched provisions and for the principles to be followed 
by the State in the governance of the country, labelled as “Directive Principles of State Policy”. All 
public authorities – legislative, administrative and judicial derive their powers directly or indirectly from 
the Constitution which in turn derive its authority from the people.
The preamble to the Constitution sets out the aims and aspirations of the people of India. It is a part 
of the Constitution. The preamble declares India to be a Sovereign, Socialist, Secular, Democratic 
Republic and secures to all its citizens Justice, Liberty, Equality and Fraternity. It is declared that the 
Constitution has been given by the people to themselves, thereby affirming the republican character 
of the polity and the sovereignty of the people.
Page 3


187
Legal Aptitude  
and Logical Reasoning
INDIAN CONSTITUTION
LESSON 1
Preamble WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a  
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its 
citizens: 
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; 
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the 
Nation; 
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do 
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 
188
CSEET Reference Reading Material - I
Legal Aptitude  
and Logical Reasoning
INTRODUCTION
The Constitution which lays down the basic structure of a nation’s polity is built on the foundations 
of certain fundamental values. The vision of our founding fathers and the aim and objectives which 
they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental 
Rights and the Directive Principles. These three may be described as the soul of the Constitution and 
the testament of founding fathers to the succeeding generations together with the later Part on 
Fundamental Duties. 
The vision of socio-economic change through the Constitution is reflected in its Preamble. The Preamble 
expresses the ideals and aspirations of a renascent India. At independence, emerging out of a long 
period of foreign domination and oppression under a feudal system, the people were grimly struggling 
to be reborn into a life of dignity and hope.
The scheme of the Constitution for realisation of socio-economic agenda comprises of both the 
justiciable Fundamental Rights as well as the non-justiciable Directive Principles. The judicial contribution 
to the synthesis and the integration of Fundamental Rights and the Directive Principles in the process 
of “constitutionalising” social and economic rights has been crucial to the realisation of the Directive 
Principles not only as a means to effectuate Fundamental Rights but also as a source of laws for a 
welfare state. (Source: Report of the National Commission to Review the Working of the Constitution, 
31st March, 2002)
The Constitution places a pre-eminent emphasis on the values of liberty and justice, on treating all 
citizens as equal before law and on safeguarding the rights of minorities and the oppressed. The people 
of India derive their existence as a political community from the Constitution, which “we the people”, 
gave to ourselves and, in the process established the Republic of India. It is because the country is 
Republic, and not a mere democracy, that the people are enjoined to nurture and indeed celebrate, 
their linguistic, ethnic, cultural and religious diversity and to ensure that the citizens do not suffer from 
want and indignity. Though the Indian tapestry of traditional multiculturism nourished by many centuries 
of assimilative forces has been subjected to occasional fissures, the most diverse nation on earth has 
been able to overcome those crises and use the innate strength of Indian Republic to uphold the 
dignity and integrity of India.
Broad Framework of the Constitution
The Constitution of India came into force on January 26, 1950. It is a comprehensive document. Apart 
from dealing with the structure of Government, the Constitution makes detailed provisions for the rights 
of citizens and other persons in a number of entrenched provisions and for the principles to be followed 
by the State in the governance of the country, labelled as “Directive Principles of State Policy”. All 
public authorities – legislative, administrative and judicial derive their powers directly or indirectly from 
the Constitution which in turn derive its authority from the people.
The preamble to the Constitution sets out the aims and aspirations of the people of India. It is a part 
of the Constitution. The preamble declares India to be a Sovereign, Socialist, Secular, Democratic 
Republic and secures to all its citizens Justice, Liberty, Equality and Fraternity. It is declared that the 
Constitution has been given by the people to themselves, thereby affirming the republican character 
of the polity and the sovereignty of the people.
189
Legal Aptitude  
and Logical Reasoning
The polity assured to the people of India by the Constitution is described in the preamble as a Sovereign, 
Socialist, Secular, and Democratic Republic. The expression “Sovereign” signifies that the Republic is 
externally and internally sovereign. Sovereignty in the strict and narrowest sense of the term implies 
independence all round, within and without the borders of the country. As discussed above, legal 
sovereignty is vested in the people of India and political sovereignty is distributed between the Union 
and the States.
The democratic character of the Indian polity is illustrated by the provisions conferring on the adult 
citizens the right to vote and by the provisions for elected representatives and responsibility of the 
executive to the legislature.
The word “Socialist”, added by the 42nd Amendment, aims to secure to its people “justice—
social, economic and political”. The Directive Principles of State Policy, contained in Part IV of the 
Constitution are designed for the achievement of the socialistic goal envisaged in the preamble. 
The expression “Democratic Republic” signifies that our government is of the people, by the people 
and for the people.
Federal or Unitary
Constitution of India is basically federal but with certain unitary features. The majority of the Supreme 
Court judges in Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, were of the view that the 
federal features form the basic structure of Indian Constitution. However, there are discussions as to 
whether the Indian Constitution establishes a federal system or it stipulates a unitary form of Government 
with some basic federal features. Thus, to decide whether Constitution is federal, unitary or quasi federal, 
it would be better to have a look at the contents of the Constitution.
The essential features of a Federal Polity or System are–dual Government, Distribution of Powers, 
Supremacy of the Constitution, Independence of Judiciary, Written Constitution, and a rigid procedure 
for the amendment of the Constitution.
The political system introduced by our Constitution possesses all the aforesaid essentials of a federal 
polity as both the Union and the State Governments and their respective organs derive their authority 
from the Constitution and it is not competent for the States to secede from the Union. There is a division 
of legislative and executive powers between the Union and the State Governments. The Supreme 
Court stands at the head of our judiciary to guard against the violation of the constitutional provisions. 
The Supreme Court decides disputes between the Union and the States, or the States inter se and 
interprets finally the provisions of the Constitution.
The question as to whether the Indian Constitution has a federal form of Government or a unitary 
constitution with some federal features came up in various cases before the Supreme Court and 
the High Courts. But in most cases, the observations have been made in a particular context and 
have to be understood accordingly. The question rests mostly on value judgement i.e. on one’s 
own philosophy.
FUNDAMENTAL RIGHTS
The Constitution seeks to secure to the people “liberty of thought, expression, belief, faith and worship; 
equality of status and of opportunity; and fraternity assuring the dignity of the individual”. With this 
object, the fundamental rights are envisaged in Part III of the Constitution.
Lesson 1 – Indian Constitution
Page 4


187
Legal Aptitude  
and Logical Reasoning
INDIAN CONSTITUTION
LESSON 1
Preamble WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a  
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its 
citizens: 
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; 
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the 
Nation; 
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do 
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 
188
CSEET Reference Reading Material - I
Legal Aptitude  
and Logical Reasoning
INTRODUCTION
The Constitution which lays down the basic structure of a nation’s polity is built on the foundations 
of certain fundamental values. The vision of our founding fathers and the aim and objectives which 
they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental 
Rights and the Directive Principles. These three may be described as the soul of the Constitution and 
the testament of founding fathers to the succeeding generations together with the later Part on 
Fundamental Duties. 
The vision of socio-economic change through the Constitution is reflected in its Preamble. The Preamble 
expresses the ideals and aspirations of a renascent India. At independence, emerging out of a long 
period of foreign domination and oppression under a feudal system, the people were grimly struggling 
to be reborn into a life of dignity and hope.
The scheme of the Constitution for realisation of socio-economic agenda comprises of both the 
justiciable Fundamental Rights as well as the non-justiciable Directive Principles. The judicial contribution 
to the synthesis and the integration of Fundamental Rights and the Directive Principles in the process 
of “constitutionalising” social and economic rights has been crucial to the realisation of the Directive 
Principles not only as a means to effectuate Fundamental Rights but also as a source of laws for a 
welfare state. (Source: Report of the National Commission to Review the Working of the Constitution, 
31st March, 2002)
The Constitution places a pre-eminent emphasis on the values of liberty and justice, on treating all 
citizens as equal before law and on safeguarding the rights of minorities and the oppressed. The people 
of India derive their existence as a political community from the Constitution, which “we the people”, 
gave to ourselves and, in the process established the Republic of India. It is because the country is 
Republic, and not a mere democracy, that the people are enjoined to nurture and indeed celebrate, 
their linguistic, ethnic, cultural and religious diversity and to ensure that the citizens do not suffer from 
want and indignity. Though the Indian tapestry of traditional multiculturism nourished by many centuries 
of assimilative forces has been subjected to occasional fissures, the most diverse nation on earth has 
been able to overcome those crises and use the innate strength of Indian Republic to uphold the 
dignity and integrity of India.
Broad Framework of the Constitution
The Constitution of India came into force on January 26, 1950. It is a comprehensive document. Apart 
from dealing with the structure of Government, the Constitution makes detailed provisions for the rights 
of citizens and other persons in a number of entrenched provisions and for the principles to be followed 
by the State in the governance of the country, labelled as “Directive Principles of State Policy”. All 
public authorities – legislative, administrative and judicial derive their powers directly or indirectly from 
the Constitution which in turn derive its authority from the people.
The preamble to the Constitution sets out the aims and aspirations of the people of India. It is a part 
of the Constitution. The preamble declares India to be a Sovereign, Socialist, Secular, Democratic 
Republic and secures to all its citizens Justice, Liberty, Equality and Fraternity. It is declared that the 
Constitution has been given by the people to themselves, thereby affirming the republican character 
of the polity and the sovereignty of the people.
189
Legal Aptitude  
and Logical Reasoning
The polity assured to the people of India by the Constitution is described in the preamble as a Sovereign, 
Socialist, Secular, and Democratic Republic. The expression “Sovereign” signifies that the Republic is 
externally and internally sovereign. Sovereignty in the strict and narrowest sense of the term implies 
independence all round, within and without the borders of the country. As discussed above, legal 
sovereignty is vested in the people of India and political sovereignty is distributed between the Union 
and the States.
The democratic character of the Indian polity is illustrated by the provisions conferring on the adult 
citizens the right to vote and by the provisions for elected representatives and responsibility of the 
executive to the legislature.
The word “Socialist”, added by the 42nd Amendment, aims to secure to its people “justice—
social, economic and political”. The Directive Principles of State Policy, contained in Part IV of the 
Constitution are designed for the achievement of the socialistic goal envisaged in the preamble. 
The expression “Democratic Republic” signifies that our government is of the people, by the people 
and for the people.
Federal or Unitary
Constitution of India is basically federal but with certain unitary features. The majority of the Supreme 
Court judges in Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, were of the view that the 
federal features form the basic structure of Indian Constitution. However, there are discussions as to 
whether the Indian Constitution establishes a federal system or it stipulates a unitary form of Government 
with some basic federal features. Thus, to decide whether Constitution is federal, unitary or quasi federal, 
it would be better to have a look at the contents of the Constitution.
The essential features of a Federal Polity or System are–dual Government, Distribution of Powers, 
Supremacy of the Constitution, Independence of Judiciary, Written Constitution, and a rigid procedure 
for the amendment of the Constitution.
The political system introduced by our Constitution possesses all the aforesaid essentials of a federal 
polity as both the Union and the State Governments and their respective organs derive their authority 
from the Constitution and it is not competent for the States to secede from the Union. There is a division 
of legislative and executive powers between the Union and the State Governments. The Supreme 
Court stands at the head of our judiciary to guard against the violation of the constitutional provisions. 
The Supreme Court decides disputes between the Union and the States, or the States inter se and 
interprets finally the provisions of the Constitution.
The question as to whether the Indian Constitution has a federal form of Government or a unitary 
constitution with some federal features came up in various cases before the Supreme Court and 
the High Courts. But in most cases, the observations have been made in a particular context and 
have to be understood accordingly. The question rests mostly on value judgement i.e. on one’s 
own philosophy.
FUNDAMENTAL RIGHTS
The Constitution seeks to secure to the people “liberty of thought, expression, belief, faith and worship; 
equality of status and of opportunity; and fraternity assuring the dignity of the individual”. With this 
object, the fundamental rights are envisaged in Part III of the Constitution.
Lesson 1 – Indian Constitution
190
CSEET Reference Reading Material - I
Legal Aptitude  
and Logical Reasoning
Part III of the Indian Constitution guarantees six categories of fundamental rights. These are:
 l Right to Equality — Articles 14 to 18;
 l Right to Freedom — Articles 19 to 22;
 l Right against Exploitation — Articles 23 and 24;
 l Right to Freedom of Religion — Articles 25 to 28;
 l Cultural and Educational Rights — Articles 29 and 30;
 l Right to Constitutional Remedies — Articles 32.
Previously the right to property under Article 31 was also guaranteed as a Fundamental Right which 
has been removed by the 44th Constitutional Amendment Act, 1978. Now right to property is not a 
fundamental right, it is now only a legal right.
Apart from this, Articles 12 and 13 deal with definition of ‘State’ and ‘Law’ respectively. Articles 33 to 35 
deal with the general provisions relating to Fundamental Rights.
No fundamental right in India is absolute and reasonable restrictions can be imposed in the interest of 
the state by valid legislation and in such case the Court normally would respect the legislative policy 
behind the same. (People’s Union for Civil Liberties v. Union of India (2004) 2 SCC 476).
From the point of view of persons to whom the rights are available, the fundamental rights may be 
classified as follows:
Page 5


187
Legal Aptitude  
and Logical Reasoning
INDIAN CONSTITUTION
LESSON 1
Preamble WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a  
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its 
citizens: 
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; 
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the 
Nation; 
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do 
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 
188
CSEET Reference Reading Material - I
Legal Aptitude  
and Logical Reasoning
INTRODUCTION
The Constitution which lays down the basic structure of a nation’s polity is built on the foundations 
of certain fundamental values. The vision of our founding fathers and the aim and objectives which 
they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental 
Rights and the Directive Principles. These three may be described as the soul of the Constitution and 
the testament of founding fathers to the succeeding generations together with the later Part on 
Fundamental Duties. 
The vision of socio-economic change through the Constitution is reflected in its Preamble. The Preamble 
expresses the ideals and aspirations of a renascent India. At independence, emerging out of a long 
period of foreign domination and oppression under a feudal system, the people were grimly struggling 
to be reborn into a life of dignity and hope.
The scheme of the Constitution for realisation of socio-economic agenda comprises of both the 
justiciable Fundamental Rights as well as the non-justiciable Directive Principles. The judicial contribution 
to the synthesis and the integration of Fundamental Rights and the Directive Principles in the process 
of “constitutionalising” social and economic rights has been crucial to the realisation of the Directive 
Principles not only as a means to effectuate Fundamental Rights but also as a source of laws for a 
welfare state. (Source: Report of the National Commission to Review the Working of the Constitution, 
31st March, 2002)
The Constitution places a pre-eminent emphasis on the values of liberty and justice, on treating all 
citizens as equal before law and on safeguarding the rights of minorities and the oppressed. The people 
of India derive their existence as a political community from the Constitution, which “we the people”, 
gave to ourselves and, in the process established the Republic of India. It is because the country is 
Republic, and not a mere democracy, that the people are enjoined to nurture and indeed celebrate, 
their linguistic, ethnic, cultural and religious diversity and to ensure that the citizens do not suffer from 
want and indignity. Though the Indian tapestry of traditional multiculturism nourished by many centuries 
of assimilative forces has been subjected to occasional fissures, the most diverse nation on earth has 
been able to overcome those crises and use the innate strength of Indian Republic to uphold the 
dignity and integrity of India.
Broad Framework of the Constitution
The Constitution of India came into force on January 26, 1950. It is a comprehensive document. Apart 
from dealing with the structure of Government, the Constitution makes detailed provisions for the rights 
of citizens and other persons in a number of entrenched provisions and for the principles to be followed 
by the State in the governance of the country, labelled as “Directive Principles of State Policy”. All 
public authorities – legislative, administrative and judicial derive their powers directly or indirectly from 
the Constitution which in turn derive its authority from the people.
The preamble to the Constitution sets out the aims and aspirations of the people of India. It is a part 
of the Constitution. The preamble declares India to be a Sovereign, Socialist, Secular, Democratic 
Republic and secures to all its citizens Justice, Liberty, Equality and Fraternity. It is declared that the 
Constitution has been given by the people to themselves, thereby affirming the republican character 
of the polity and the sovereignty of the people.
189
Legal Aptitude  
and Logical Reasoning
The polity assured to the people of India by the Constitution is described in the preamble as a Sovereign, 
Socialist, Secular, and Democratic Republic. The expression “Sovereign” signifies that the Republic is 
externally and internally sovereign. Sovereignty in the strict and narrowest sense of the term implies 
independence all round, within and without the borders of the country. As discussed above, legal 
sovereignty is vested in the people of India and political sovereignty is distributed between the Union 
and the States.
The democratic character of the Indian polity is illustrated by the provisions conferring on the adult 
citizens the right to vote and by the provisions for elected representatives and responsibility of the 
executive to the legislature.
The word “Socialist”, added by the 42nd Amendment, aims to secure to its people “justice—
social, economic and political”. The Directive Principles of State Policy, contained in Part IV of the 
Constitution are designed for the achievement of the socialistic goal envisaged in the preamble. 
The expression “Democratic Republic” signifies that our government is of the people, by the people 
and for the people.
Federal or Unitary
Constitution of India is basically federal but with certain unitary features. The majority of the Supreme 
Court judges in Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, were of the view that the 
federal features form the basic structure of Indian Constitution. However, there are discussions as to 
whether the Indian Constitution establishes a federal system or it stipulates a unitary form of Government 
with some basic federal features. Thus, to decide whether Constitution is federal, unitary or quasi federal, 
it would be better to have a look at the contents of the Constitution.
The essential features of a Federal Polity or System are–dual Government, Distribution of Powers, 
Supremacy of the Constitution, Independence of Judiciary, Written Constitution, and a rigid procedure 
for the amendment of the Constitution.
The political system introduced by our Constitution possesses all the aforesaid essentials of a federal 
polity as both the Union and the State Governments and their respective organs derive their authority 
from the Constitution and it is not competent for the States to secede from the Union. There is a division 
of legislative and executive powers between the Union and the State Governments. The Supreme 
Court stands at the head of our judiciary to guard against the violation of the constitutional provisions. 
The Supreme Court decides disputes between the Union and the States, or the States inter se and 
interprets finally the provisions of the Constitution.
The question as to whether the Indian Constitution has a federal form of Government or a unitary 
constitution with some federal features came up in various cases before the Supreme Court and 
the High Courts. But in most cases, the observations have been made in a particular context and 
have to be understood accordingly. The question rests mostly on value judgement i.e. on one’s 
own philosophy.
FUNDAMENTAL RIGHTS
The Constitution seeks to secure to the people “liberty of thought, expression, belief, faith and worship; 
equality of status and of opportunity; and fraternity assuring the dignity of the individual”. With this 
object, the fundamental rights are envisaged in Part III of the Constitution.
Lesson 1 – Indian Constitution
190
CSEET Reference Reading Material - I
Legal Aptitude  
and Logical Reasoning
Part III of the Indian Constitution guarantees six categories of fundamental rights. These are:
 l Right to Equality — Articles 14 to 18;
 l Right to Freedom — Articles 19 to 22;
 l Right against Exploitation — Articles 23 and 24;
 l Right to Freedom of Religion — Articles 25 to 28;
 l Cultural and Educational Rights — Articles 29 and 30;
 l Right to Constitutional Remedies — Articles 32.
Previously the right to property under Article 31 was also guaranteed as a Fundamental Right which 
has been removed by the 44th Constitutional Amendment Act, 1978. Now right to property is not a 
fundamental right, it is now only a legal right.
Apart from this, Articles 12 and 13 deal with definition of ‘State’ and ‘Law’ respectively. Articles 33 to 35 
deal with the general provisions relating to Fundamental Rights.
No fundamental right in India is absolute and reasonable restrictions can be imposed in the interest of 
the state by valid legislation and in such case the Court normally would respect the legislative policy 
behind the same. (People’s Union for Civil Liberties v. Union of India (2004) 2 SCC 476).
From the point of view of persons to whom the rights are available, the fundamental rights may be 
classified as follows:
191
Legal Aptitude  
and Logical Reasoning
 (a) Articles 15, 16, 19 and 30 are guaranteed only to citizens.
 (b) Articles 14, 20, 21, 22, 23, 25, 27 and 28 are available to any person on the soil of India—citizen 
or foreigner.
 (c) The rights guaranteed by Articles 15, 17, 18, 20, 24 are absolute limitations upon the legislative 
power.
State
With a few exceptions, all the fundamental rights are available against the State. Under Article 12, 
unless the context otherwise requires, “the State” includes –
 (a) the Government and Parliament of India;
 (b) the Government and the Legislature of each of the States; and
 (c) all local or other authorities:
 (i) within the territory of India; or
 (ii) under the control of the Government of India.
The expression ‘local authorities’ refers to authorities like Municipalities, District Boards, Panchayats, 
Improvement Trusts, Port Trusts and Mining Settlement Boards. In Ajay Hasia v. Khalid Mujib, AIR 1981 
SC 481, the Supreme Court has enunciated the following test for determining whether an entity is an 
instrumentality or agency of the State:
 (1) If the entire share capital of the Corporation is held by the Government, it would go a long way 
towards indicating that the corporation is an instrumentality or agency of the Government.
 (2) Where the financial assistance of the State is so much as to meet almost the entire expenditure 
of the corporation it would afford some indication of the corporation being impregnated with 
government character.
 (3) Whether the corporation enjoys a monopoly status which is conferred or protected by the 
State.
 (4) Existence of deep and pervasive State control may afford an indication that the corporation is 
a State agency or an instrumentality.
 (5) If the functions of the corporation are of public importance and closely related to government 
functions, it would be a relevant factor in classifying a corporation as an instrumentality or 
agency of government.
 (6) If a department of government is transferred to a corporation, it would be a strong factor 
supporting an inference of the corporation being an instrumentality or agency of 
government.
Example: ICAR, CSIR, ONGC, IDBI, Electricity Boards, NAFED, Delhi Transport Corporation etc. come 
under the definition of state.
Example: ICAR, CSIR, ONGC, IDBI, Electricity Boards, NAFED, Delhi Transport Corporation etc. come 
under the definition of state.
Lesson 1 – Indian Constitution