Constitution of India, Preamble, Structure, Fundamental Rights

The Constitution of India is a cornerstone of the nation's legal system, establishing the framework for governance and the protection of fundamental rights. It outlines the structure of government, delineates the powers of different branches, and sets forth the rights and duties of citizens. This blog provides an insightful exploration of the key components of the Indian Constitution for CS Exam .

Constitution of India Preamble

Enroll Now for Company Secretary Courses

Constitution of India Structure

Constitution of India Judicial Review

Also Check: Company Law, Corporate Governance and Legal Compliance in India

Fundamental Rights

• Right to Equality (Articles 14-18)
• Right to Freedom (Articles 19-22)
• Right Against Exploitation (Articles 23-24)
• Right to Freedom of Religion (Articles 25-28)
• Cultural and Educational Rights (Articles 29-30)
• Right to Constitutional Remedies (Article 32)

Doctrine of Severability, Eclipse, and Waiver

• Doctrine of Severability: If any part of a law is found unconstitutional, only that part is invalidated, not the entire law.
• Doctrine of Eclipse: Laws inconsistent with fundamental rights are not nullified but are overshadowed and can become enforceable if the inconsistency is removed.
• Doctrine of Waiver: It states that no individual can waive their fundamental rights voluntarily.

Fundamental Duties

Directive Principles of State Policy (DPSP)

Judiciary

Constitution of India Writs

There are several types of writs, each serving different purposes:

1. Habeas Corpus: Perhaps the most famous writ, "habeas corpus" (Latin for "you shall have the body") requires a person who has been detained or imprisoned to be brought before a judge or into court. The purpose of this writ is to allow the court to determine the legality of the detainee's arrest or imprisonment.
2. Mandamus: This writ is an order from a court to a lower court, tribunal, or public authority to perform an act that is mandated by law, which it has neglected or refused to do. Mandamus is often used to enforce the duty of an official or a public body when all other legal remedies have failed.
3. Prohibition: A writ of prohibition is issued primarily to prevent an inferior court from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Its purpose is to keep the jurisdiction of judicial bodies within their lawful limits.
4. Certiorari: This writ is used by a superior court to review the decision of a lower court or tribunal. Essentially, it transfers the matter to the higher court for a fresh review of the facts and legal issues involved.
5. Quo Warranto: This is a writ calling upon someone to show by what right they exercise an authority or hold a public office. It is a preventive measure to stop individuals from usurping public office.

Constitution of India Doctrine

Several important legal doctrines are frequently referenced in law, including:

1. Doctrine of Stare Decisis: This principle mandates that courts are bound to follow the precedents set by prior decisions when ruling on similar cases. It ensures consistency and predictability in the law.
2. Doctrine of Precedent: Closely related to stare decisis, this doctrine suggests that a court should rule consistently with previous rulings in similar cases within the same jurisdiction to maintain stability and fairness.
3. Doctrine of Separation of Powers: This fundamental principle of many constitutions around the world mandates that the executive, legislative, and judicial branches of government be distinct and operate independently.
4. Doctrine of Judicial Review: This doctrine allows courts to interpret the constitution and to invalidate laws and government actions that violate constitutional provisions.
5. Doctrine of Equitable Estoppel: This principle prevents a person from adopting a position, action, or legal argument that contradicts or negates a previous claim or behavior if it would result in harm to another person who relied on the original position.

Parliament