NAGABABU

Constitutional Law
Sem-1, Mid paper

Write short notes on any two of the following questions

1. Definition of State

Article 12 of the Constitution defines the State as follows:

"The State" includes -

• The Government and Parliament of India

• The Government and the Legislature of each of the States in India
• All local or other authorities within the territory of India or under the control of the Government
of India.

Thus, the term “State” under Article 12 is not limited to just the government and legislative bodies but
also includes other entities that exercise power and authority within the territory of India or under the
control of the Indian government.

This definition of state under Article 12 is essential in determining the scope of fundamental rights
guaranteed by the Constitution, which are enforceable against the State.

2. Secularism

Secularism in the constitutional law of India is a fundamental principle that embodies the concept of
religious neutrality and equality before the law. It is enshrined in various provisions of the Indian
Constitution and is reflected in the country's legal framework and governance structures.

The concept of secularism in India's constitutional law can be understood through the following key
aspects:

• Preamble: The Preamble to the Constitution of India declares India to be a "sovereign socialist
secular democratic republic." This indicates that secularism is one of the core principles upon
which the Indian state is founded.
• Freedom of Religion: Articles 25 to 28 of the Indian Constitution guarantee the right to freedom
of religion to all individuals. These articles ensure the freedom of conscience and the right to
profess, practice, and propagate religion. They also provide for the freedom to manage religious
affairs, establish and maintain religious institutions, and attend religious instruction or worship
without discrimination.
• State Neutrality: Secularism in India's constitutional law requires the state to maintain
equidistance from all religions and religious denominations. The state is expected to be impartial
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and neutral in its dealings with religious groups, ensuring that no religion receives preferential
treatment or undue influence in state matters.
• Non-discrimination: Article 15(1) of the Constitution prohibits discrimination on grounds of
religion, race, caste, sex, or place of birth. This ensures that the state does not discriminate against
any citizen or group of citizens based on their religion.
• Uniform Civil Code: While not enforceable by courts, Article 44 of the Constitution directs the
state to strive towards establishing a uniform civil code (UCC) for all citizens, irrespective of their
religion. This reflects the secular principle of equal treatment under the law, irrespective of
religious beliefs.
• Protection of Minority Rights: India's secularism also includes the protection of religious
minorities against discrimination or persecution. The Constitution provides for the safeguarding
of minority rights and interests, ensuring their representation and participation in public life.

Overall, secularism in the constitutional law of India underscores the principles of religious pluralism,
tolerance, and equality. It reflects the commitment of the Indian state to uphold and protect the freedom
of religion and conscience for all its citizens, while ensuring that religion remains a matter of personal
choice and belief, separate from the functions of the state.

3. Sovereignty

Sovereignty in constitutional law refers to the supreme authority of a political entity within its defined
territory. It represents the highest power of governance and the ability to make and enforce laws, manage
internal affairs, and interact with other states on the international stage without external interference.
Here are some key aspects of sovereignty in constitutional law:

• Territorial Sovereignty: This aspect of sovereignty asserts the authority of the state over its
territory, including land, water bodies, airspace, and natural resources within its borders. The
state has exclusive control over its territory and may enact laws and regulations to govern
activities within it.
• Political Sovereignty: Political sovereignty refers to the state's authority to govern itself and make
decisions on behalf of its citizens. This includes the establishment and functioning of government
institutions, the enactment of laws, and the administration of public affairs.
• Legal Sovereignty: Legal sovereignty denotes the supremacy of the state's legal system within its
territory. The state's laws and regulations prevail over any conflicting rules or norms, and its
judicial institutions have the final authority to interpret and enforce the law.
• Internal Sovereignty: Internal sovereignty concerns the state's ability to maintain order and
exercise authority over its population. It involves the enforcement of laws, protection of citizens'
rights and freedoms, and the provision of essential services and public goods.
• External Sovereignty: External sovereignty refers to the state's independence and autonomy in
its interactions with other states and international organizations. It includes the power to enter
into treaties and agreements, conduct diplomatic relations, and defend against external threats.
• Constitutional Sovereignty: Constitutional sovereignty refers to the supremacy of the
constitution within the legal framework of the state. The constitution serves as the highest law of
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the land, establishing the structure of government, delineating powers and responsibilities, and
safeguarding fundamental rights and freedoms.

Overall, sovereignty in constitutional law encompasses the state's supreme authority and independence
in governing its territory and population, both internally and externally. It is a fundamental principle that
underpins the functioning of modern nation-states and shapes their relations with other entities in the
international community.

4. Freedom of speech and expression

Freedom of speech and expression is a fundamental right recognized in many constitutions worldwide,
including in constitutional law. It encompasses the right of individuals to express their opinions, ideas,
beliefs, and thoughts freely without fear of censorship or retaliation from the government or other
authorities. Here's an overview of freedom of speech and expression in constitutional law:

• Constitutional Protection: Many constitutions explicitly protect freedom of speech and

expression as a fundamental right. For example, in the United States, the First Amendment to the
Constitution prohibits the government from making laws that abridge freedom of speech.
Similarly, in India, Article 19(1)(a) of the Constitution guarantees to all citizens the right to
freedom of speech and expression.
• Scope of Protection: Freedom of speech and expression encompasses a broad range of forms of
expression, including verbal speech, written communication, artistic expression, symbolic
expression, and non-verbal communication. It protects not only popular or mainstream views but
also dissenting or minority opinions.
• Government Restrictions: While freedom of speech and expression is a fundamental right, it is
not an absolute right. Most constitutional systems allow for certain restrictions on freedom of
speech, provided they are justified by compelling reasons such as national security, public order,
public health, or the rights and reputation of others. These restrictions must be narrowly
tailored and proportionate to the legitimate aim pursued.
• Judicial Interpretation: Courts play a significant role in interpreting and applying the right to
freedom of speech and expression. They often balance the right to freedom of speech against
competing interests, such as privacy, reputation, national security, and public order. Courts may
also develop jurisprudence to protect and expand the scope of freedom of speech in evolving
social and technological contexts.
• Press Freedom: Freedom of the press is considered an integral part of freedom of speech and
expression. It enables journalists and media organizations to report news, express opinions, and
disseminate information without censorship or undue interference from the government or other
authorities. Press freedom is essential for holding those in power accountable and fostering
informed public debate.
• Public Interest: While individuals enjoy the right to freedom of speech and expression, they also
have a corresponding responsibility to exercise this right responsibly and in the public interest.
This may involve respecting the rights and dignity of others, avoiding hate speech or incitement
to violence, and adhering to ethical standards of journalism and communication.
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Overall, freedom of speech and expression is a cornerstone of democratic societies and plays a crucial
role in promoting individual autonomy, political participation, social progress, and the marketplace of
ideas. It is protected and upheld by constitutional law as a fundamental human right essential for the
functioning of a free and democratic society.

PART – B

5. Article 14 allows reasonable classification but not class legislation – justify?

Article 14 of the Indian Constitution guarantees the right to equality before the law and equal protection
of the laws to all persons. This article prohibits discrimination and mandates that the state shall not
deny to any person equality before the law or the equal protection of the laws within the territory of
India.

The principle enshrined in Article 14 allows for reasonable classification but prohibits class legislation.
This means that while the state is permitted to classify individuals into different groups based on certain
characteristics or criteria, such classification must be based on intelligible differentia and must have a
rational nexus with the object sought to be achieved by the law. Here's why this principle is justified:

• Right to Equality: The principle of reasonable classification but not class legislation is rooted in
the broader principle of equality before the law. It ensures that individuals are treated equally
under similar circumstances and prevents arbitrary discrimination.
• Flexibility in Legislation: Recognizing the diverse needs and circumstances of society, Article 14
allows for reasonable classification to cater to different situations. This flexibility enables the
state to enact laws that address specific issues or concerns without imposing undue burdens on
individuals or groups.
• Objective and Rational Basis: Any classification made by the law must have an objective and
rational basis. It should be based on reasonable criteria that are relevant to the purpose of the
law. For example, in taxation laws, classification based on income levels is reasonable as it helps
in the equitable distribution of tax burdens.
• Non-Arbitrariness: The principle of non-arbitrariness ensures that the classification made by the
law is not discriminatory or arbitrary. It requires that the classification be based on reasonable
and justifiable grounds and should not result in unjust or unreasonable differentiation between
persons or groups.
• Prohibition of Class Legislation: However, Article 14 prohibits class legislation, which means
that the law cannot single out specific individuals or groups for discriminatory treatment. The
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law must apply equally to all persons falling within the same class or category, and there should
be no special privileges or disabilities attached to any particular class.

Overall, the principle of reasonable classification but not class legislation strikes a balance between the
need for flexibility in lawmaking and the imperative of ensuring equality and non-discrimination. It
allows the state to address diverse societal concerns while upholding the fundamental right to equality
guaranteed by Article 14 of the Constitution.

6. Write about the Sailent features of the Indian Constitution?

The Indian Constitution, adopted on January 26, 1950, is a comprehensive document that serves as the
supreme law of the land, laying down the framework for governance, rights, and duties of citizens, and
defining the powers and responsibilities of various institutions. Here are some salient features of the
Indian Constitution:

• Lengthy and Detailed: The Indian Constitution is one of the longest and most detailed
constitutions in the world, consisting of a Preamble followed by 465 articles divided into 25
parts, along with 12 schedules and numerous amendments.
• Preamble: The Constitution begins with a Preamble that succinctly encapsulates the ideals and
aspirations of the Indian Republic, including justice, liberty, equality, and fraternity. It also
declares India to be a sovereign, socialist, secular, democratic republic.
• Federal Structure with Unitary Bias: The Constitution establishes a federal structure of
government, dividing powers between the central (Union) government and the state
governments. However, it also contains provisions that give the central government significant
powers, especially during emergencies, making it more unitary in nature.
• Parliamentary Democracy: India follows the parliamentary system of government, wherein the
President is the nominal head of state, and the Prime Minister is the head of government. The
Parliament consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha
(Council of States).
• Fundamental Rights: The Constitution guarantees fundamental rights to all citizens, including
the right to equality, right to freedom, right against exploitation, right to freedom of religion,
cultural and educational rights, and right to constitutional remedies. These rights are
enforceable by the courts.
• Directive Principles of State Policy: The Constitution contains Directive Principles of State
Policy, which are guidelines for the government to establish a just and equitable society.
Although not legally enforceable, they are fundamental in the governance of the country.
• Independent Judiciary: India has an independent judiciary with the Supreme Court as the
highest judicial authority. The judiciary has the power of judicial review, enabling it to strike
down laws and actions that violate the Constitution.
• Separation of Powers: The Constitution provides for the separation of powers among the
executive, legislative, and judicial branches of government to prevent any one branch from
becoming too powerful.
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• Single Citizenship: Unlike many federal countries, India has a single citizenship for the entire
country. Every citizen of India enjoys the same rights and privileges, regardless of the state they
reside in.
• Amendment Procedure: The Constitution provides for a detailed procedure for its amendment
to adapt to changing circumstances and needs. Amendments require a special majority of both
houses of Parliament, and some amendments also require ratification by a majority of state
legislatures.

These salient features reflect the foundational principles and values enshrined in the Indian
Constitution, which serves as the cornerstone of India's democratic and pluralistic society.

PART – C

7. In a state there were many children working in stone quarries and hazardous industries. How
you advise these children to protect themselves under the constitution of India.

As per the Constitution of India, all citizens, including children, are entitled to certain fundamental rights
that ensure their protection and well-being. In the scenario described, where children are working in
stone quarries and hazardous industries, it is essential to advise them on how to protect themselves and
enforce their rights. Here are some steps that can be taken under the Constitution of India:

• Right Against Exploitation (Article 24): The Constitution prohibits the employment of children
under the age of 14 in hazardous occupations. Children working in stone quarries and hazardous
industries are likely to be in violation of this provision. Children and their families should be
made aware of this constitutional right, and steps should be taken to remove them from such
hazardous work environments.
• Right to Education (Article 21A): The Constitution guarantees the right to education for children
between the ages of 6 and 14. Children engaged in child labor should be encouraged to attend
school instead. Efforts should be made to provide access to quality education and ensure that
children are enrolled in schools and not forced into labor.
• Right to Life and Personal Liberty (Article 21): The Constitution guarantees the right to life and
personal liberty to all individuals, including children. Children working in hazardous conditions
are at risk of injury, illness, and even death. They should be informed about their right to a safe
and healthy environment and encouraged to demand better working conditions or seek
alternative employment opportunities.
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• Prohibition of Trafficking and Forced Labor (Article 23): The Constitution prohibits trafficking in
human beings and forced labor. Children who are forced to work in stone quarries and
hazardous industries may be victims of trafficking or forced labor. They should be informed
about their rights and provided with assistance to escape from exploitative situations.
• Child Welfare Legislation: In addition to constitutional provisions, there are specific laws and
policies aimed at protecting the rights of children in India, such as the Child Labor (Prohibition
and Regulation) Act, 1986, and the Juvenile Justice (Care and Protection of Children) Act, 2015.
Children and their families should be informed about these laws and provided with support to
seek legal remedies if their rights are violated.
• Community Support and Advocacy: Efforts should be made to mobilize communities, NGOs,
and other stakeholders to advocate for the rights of children and take collective action to
address the issue of child labor in stone quarries and hazardous industries. Awareness
campaigns, community meetings, and legal advocacy can help empower children and their
families to demand their rights and seek redressal for violations.

In summary, under the Constitution of India, children working in stone quarries and hazardous
industries have several constitutional rights that protect them from exploitation and ensure their well-
being. It is essential to inform children and their families about these rights and provide them with the
necessary support and resources to enforce them effectively. Additionally, concerted efforts should be
made at the community, state, and national levels to address the root causes of child labor and create a
safer and more supportive environment for children to thrive.

8. Why A student of 6th class rejected to sing National Anthem in the school, saying that this is
against his religious beliefs. The school authorities gave TC to him on the basis of not singing
national anthem. Whether why had got right to challenge the set decision before the court.

In the scenario described, where a student of the 6th class refuses to sing the National Anthem in school
citing religious beliefs and subsequently receives a Transfer Certificate (TC) from the school authorities,
the student does have the right to challenge this decision before the court. Here's why:

• Freedom of Religion: The student's refusal to sing the National Anthem based on religious
beliefs falls under the ambit of freedom of religion guaranteed by Article 25 of the Indian
Constitution. This fundamental right allows individuals to freely profess, practice, and propagate
their religion. Therefore, any action taken against the student solely based on the exercise of
this right may be subject to judicial review.
• Protection of Minorities: Article 29 of the Constitution protects the interests of minorities,
including the right to conserve their distinct culture, language, or religion. The student's refusal
to sing the National Anthem based on religious beliefs may be considered an expression of their
cultural or religious identity, which is protected under this provision.
• Right to Education: Every child in India has the fundamental right to education, as guaranteed
by Article 21A of the Constitution. Denying a student access to education or issuing a TC to them
solely based on their refusal to sing the National Anthem may be seen as a violation of this right.
• Judicial Review: The decision of the school authorities to issue a TC to the student can be
challenged before the court through a writ petition under Article 226 of the Constitution. The
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court can review the decision and determine whether it infringes upon any constitutional rights
of the student, including the freedom of religion and the right to education.
• Reasonableness of School Rules: The court may also examine the reasonableness of the
school's rules and regulations, including those related to the singing of the National Anthem. If
the school's actions are found to be arbitrary, discriminatory, or in violation of fundamental
rights, the court may intervene to protect the rights of the student.

Overall, while schools have the authority to maintain discipline and enforce rules, including those
related to the singing of the National Anthem, they must do so in a manner that respects the
fundamental rights of students as guaranteed by the Constitution. If a student's rights are violated, they
have the right to seek legal recourse and challenge the decision before the appropriate judicial
authority.