Magna Carta Prelims 2024

L4 : Preamble, Rights, Directives, Principles

Comparative Overview
Criteria Preamble FRs (III) DPSPs(IV) FDs(IVA)

Inspiration Objectives Resolution - US Ireland, GoI Act, 1935 USSR

Nehru

Purpose Interpretation Aid Political Democracy Social Democracy Harmony

Anecdote Mind of the Makers 32 - Soul of the Fundamental to

Constitution Governance

Obligation None Negative on the State Positive on the State None

Legal No independent legal Enforceable by L*, E*, Enforceable by L*, E*, and Enforceable by L*, E*,
Status status and in J NOT in J and NOT in J

Amends CA u/a 368 w/o SR CA u/a 368 w/o SR CA u/a 368 w/o SR CA u/a 368 w/o SR

*If mandated/intended
 Classifications

Criteria FR CR SR/LR
● International
○ UDHR = Preamble +
Amendment CA u/a 368 CA u/a 368 Simple Maj
FR + DPSP + FDs w/o SR w/o SR
○ Conv on Racial
Discrimination -
Ratified Violation SC/HC HC* HC*
○ ICCPR - Ratified
○ ICESCR - Ratified
○ CEDAW - Ratified
○ CAT - Signatory
○ CRC - Ratified DPSP Gandhian Socialist Liberal
○ Conv. on Disabilities - Intellectual
Ratified
Type Grassroot/ Equitable Rest of all
Conventional
Preamble
● People - Ultimate Source of Authority
● Date of Adoption and Enactment of the Constitution - 26 Nov 1949
● Amenability
○ Yes, Constitutional Amendment u/a 356 w/o State Ratification
○ 42 CA, 1976 : Socialist, Secular, Unity & Integrity
● Basic Structure
○ Not as a whole, but the phrases mentioned are.
● Neither a source of power nor a source of limitation
 Preamble - Key Terms

● Sovereign ● Justice (Social, Economic, Political)

○ Non Interference ○ Non Discrimination
● Socialist ○ Proportionate
○ State Intervention ○ Distributive
● Liberty (Thought, Expression, Faith,
● Secularism
Belief & Worship)
○ Freedom of Religion ○ Max development of oneself
○ State separation from Religion ○ No external restraints/interference
○ Not irreligious ● Equality (Status, Opportunity)
● Democratic ○ EBL
○ Reflection of public will ○ EPL
○ CoM collectively responsible to ● Fraternity (ensuring dignity)
Lower House ○ brotherhood
● Republic ● Unity & Integrity
○ Elected head of State ○ National Interest
 FR - State & Supremacy
● Art 12 ● Art 13
○ ‘State’ - III and IV ○ No ‘law’ can violate Part III
○ Parliament & Union Executive ○ Pre Constitutional Laws not invalid
○ State Legislatures & State from the start
Executive ○ Post Constitutional Laws invalid ab
○ All local and other authorities initio
within the territory of India ○ Constitutional Amendments under Art
○ All local and other authorities 368 not ‘Law’
under the control of Union ○ Emergency Proclamations can also
Executive restrict FRs
● Judicial Function of higher judiciary
NOT ‘State’
 Equality : 14 -18

● Art 14
○ Against State
○ For C + F
○ Self Executory
○ EBL
■ Immunities
■ UK
○ EPL
■ Like Alike, unlike not alike
■ US
○ Reasonable Classification
■ Rational Nexus
■ Intelligible Differentia
○ Strikes Arbitrariness
 Equality : 14 -18
● Art 15 (1)(2) ● Art 16(1)
○ Against State ○ Against State
○ For Citizen ○ For Citizen
○ CRRSP ● Art 16(2)
● Art 15(3) ○ DR + CRRSP
○ For State ● Art 16(3)
○ Any provision Women & Child ○ Parliament - Law - Residence
● Art 15(4)[1 CA, 1951] requirement
○ For State ● Art 16(4)
○ Any provision for SEBC, SC, ST ○ For State
● Art 15(5) [93rd CA, 05]& 15(6) [103rd CA, ○ Any Provision - BC
2019] ● Art 16(4A) [77th CA, 1995], Art 16(4B)[81st
○ For State CA, 2000], Art 16(6) [103rd CA, 2019]
○ By Law for SEBC, SC, ST and any ○ For State
provision for EWS ○ Any Provision for SC ST and EWS
○ Public/Private/ Aided/Unaided ○ Consequential Seniority & Carry
Education except Religious & Forward for SC/ST
Linguistic Minorities Educational ● Art 16(5)
Institutions ○ Religious Denomination
● Art 335 - T&C
○ Efficiency of Admin
 Equality : 14 -18

● Art 17 ● Art 18
○ Non Self Executory ○ Military & Academic Titles
○ Criminalisation of can given by State
Untouchability by Law ○ No other title can given by
○ Protection of Civil Rights Act,
1955 State
■ BoProof - Accused ○ Awards are not Titles
■ Ban on contesting ○ Citizens can’t accept foreign
elections for 6 years titles
○ Foreigners working for India
can’t accept foreign title
without President's consent
○ No one working for India can
accept any foreign gain
without President’s consent
Freedoms : 19
Life & Liberty : 21
● Art 21
○ Against State ● Inclusions -
○ For C+F ○ Livelihood
○ Procedure Established by Law ○ Shelter
○ Maneka Gandhi (1978) ○ Food
■ PEL to also include Procedural Due ○ Health & Medical Care
Process ○ Live with Dignity
● Procedural Fairness ○ Die with dignity
■ Principles of Natural Justice Implied ○ Right to Marry (only for hetersexuals)
● Rule Against Bias ○ Right to Privacy
● Rule For Fair Hearing ○ Legal Aid
■ Freedoms that fall under both Art 19 ○ Fair & Speedy Trial
and Art 21 : ○ Clean & Healthy Environment
● Reasonable Test of Art 19,
Requirements of Art 21,
Non-arbitrariness tes of Art 14
■ Freedoms that fall only within Art 21 :
● Requirements of Art 21,
Non-arbitrariness tes of Art 14
Criminal Justice Rights : 20 + 21

Criteria Arrest Preventive Detention

● Art 20 Type Post Offence Pre Offence

○ Against State
○ For C+F
○ Retrospective Right to Be Informed Yes Yes
Application of Criminal
Law
○ Double Jeopardy Right to Inform Yes Not Mentioned
○ Self Incrimination
For C+F C + F except enemy aliens

Legal Representation Yes No

Presented before Yes No

Magistrate within 24 Hours
 Exploitation
● Art 23 ● 24
○ For C + F ○ For C + F
○ Non self executory ○ Non self executory
■ Immoral Trafficking Prevention Act ○ Children below 14 can’t work in dangerous
■ Bonded Labour Abolition Act places
○ Conscription - C2R2 ○ Child Labour Prevention Act
■ Below 14 can work in
● Family Enterprises
Criteria Consent Legality of Wages ● Entertainment Industry
of worker Work paid ■ 14 - 18 can work except
● Inflammable Substances
● Mines
Human No Illegal Yes ● Explosives
Trafficking ● 21 A
○ For State
○ For C+F
Forced No Legal Yes ○ Free* & Compulsory* Education
Labour ■ 6 - 14
○ Conditions as per Law
Begar Yes Legal No ■ RTE Act
 Religion & Minority Rights

Criteria Art 25 Art 26 Art 27 Art 28 Art 29 Art 30

For C+F C+F C+F C+F C Minorities C

Right Conscience, Establish, No tax for No Religious Right to Religious/Lingu

Practice, Maintain religious instruction in conserve - istic Minorities
Profess, Institutions & promotion fully State language, can establish
Propagate Affairs, Acquire Funded script of culture educational
and Administer institutions No denial in institutions
Property State funded While granting
educational funds, the state
institutions on to not
CR2L discriminate
 Writs : 32/226
Writ Function Locus Standi Remarks

● SC & HC can issue the same

Habeas Corpus Illegal Detention Relaxed No court fees
writs
● FR Violation : SC/HC Directly
● CR/LR Violation : HC Directly
Mandamus To enforce a Required No applicable
[226 - any other purpose]
statutory duty upon against L or E for
● HC can directly issue writs for a public servant, legislative
FR/CR/LR govt body, inferior functions
● Supreme Court Rules 2013, court
Order XXXVIII - Rules for
Petitions under Art 32 Certiorari Error of Relaxed Wrong
Jurisdiction/Error Court/Wrong
● Writs can’t be issued against
or Law Decision
Higher Judiciary
● Parliament can confer SC Prohibition Error of Jurisdiction Relaxed Wrong
Writ powers to another court Court/Decision
without adversely affecting Pending
the SC
Quo Warranto Ineligibility of Relaxed Person must hold
Public Office office
 Basic Structure/Harmonious Construction
● Basic Structure
○ Based on the theory of implied powers
○ Principles identified by the SC can’t be violated
○ Applied to ordinary law as well as constitutional amendments
○ All provisions of the Constitution can be amended as long as basic principles are not
violated
○ Anything even in the IXth Schedule no matter when it was added can challenged as
long as it violates basic principles
○ Judicial Review can be restricted on reasonable grounds
● Evolution
○ Schedule IX inserted by 1st CA, 1950
■ Restricted the Courts to review any law contained in the IXth Schedule
■ Also added 19(2) as RR to 19(1)(a)
● Harmonious Construction
○ Art 39(b)(c) > Art 14,19 if those are the only objections
 DPSP/FD Additions
● DPSPs ● FDs
● 42nd CA, 1976 ● 42nd CA, 1976
○ Healthy Development of ○ All FDs
Children [38(f) ● 86th CA, 2002
○ Equal Justice & Free Legal Aid ○ Child opportunities for 6-14
[39A]
○ Participation of workers in
management of industries
[43A]
○ Protection and improvement of
environment and safeguarding
of forests and wildlife [48A]
● 44th CA, 1978
○ Minimise inequalities [38(2)]
● 97th CA, 2011
○ Promotion of Cooperatives
[43B]
● 86th CA, 2002
○ Provision for early childhood
care and education to children
below the age of six years [45]