THE CONSTITUTION OF INDIA

This article is written by Virat Singh of 7^th Semester of Shri Ramswaroop Memorial University

ABSTRACT

This article presents a comprehensive overview of the Constitution of India, with a particular emphasis on its profound significance as a seminal document in shaping the world’s largest democratic nation. The Constitution of India, a resplendent testament to the sagacity and visionary acumen of its framers, impeccably and meticulously forged a comprehensive and intricately detailed framework that enshrines fundamental rights, fosters equitable social and economic justice, and steadfastly upholds the principles of democracy.

Delving deep into the annals of history, this article meticulously traces the evolutionary trajectory of the Indian Constitution, commencing from its momentous inception in 1950 and subsequently traversing the multifarious amendments that have indelibly influenced and refined its substantive provisions. Additionally, it conducts a discerning exploration of the paramount significance of judicial interpretations and seminal legal precedents, which have profoundly shaped the interpretative contours and pragmatic implementation of the Constitution, thereby ensuring its enduring relevance and applicability in the contemporary milieu.

Furthermore, the article adeptly navigates through the labyrinthine intricacies of the Indian Constitution, meticulously illuminating its salient features, including its unequivocal codification in written form, the quintessentially federal structure it embodies, and the exquisite equilibrium artfully struck between the central government and the constituent states. Moreover, it expounds upon the pivotal inclusion of fundamental rights, which serve as an impregnable bulwark against the capricious and arbitrary exercise of power, thereby assiduously safeguarding and upholding the sacred bastions of individual liberties. Equally deserving of attention are the directive principles of state policy, the onerous duties enjoined upon citizens, and the indispensable provisions for contingencies, each intricately intertwined and playing an instrumental role in guiding the nation towards a holistic trajectory of social well-being, fostering conscientious and responsible citizenship, and adeptly securing the overarching interests of the public at large.

In summation, the article unequivocally underscores the living and dynamic character of the Constitution of India, a document that remains inherently responsive and adaptive to the ever-evolving exigencies and aspirations of its exquisitely diverse populace. Reverberating as a luminary beacon of democratic principles and epitomizing the very essence of justice, it stands resolute as an indomitable bedrock and immutable foundation for the Indian nation, deftly navigating the intricate complexities of an increasingly fluid and rapidly transforming global landscape.

KEYWORDS:

 Indian constitution, constitution of India, framing of Indian constitution, evolution of India constitution, law.

INTRODUTION

India, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950.

A Constitution is a set of fundamental principles or precedents that govern a state or organization. It can be written down in a single document, known as a written constitution, or embodied in a comprehensive codified constitution. The Indian Constitution was written by a committee led by Dr. Bhimrao Ambedkar, which took almost three years to compile. The Indian Constitution is the longest written constitution in the world, consisting of 448 Articles in 25 Parts and 12 Schedules. In comparison, the United States Constitution is the shortest with only 7 Articles. The drafting of the Indian Constitution was carried out by the Drafting Committee, chaired by Dr. B.R. Ambedkar, and involved extensive discussions and consideration of over two thousand amendments. The proceedings of the Constituent Assembly, where the Constitution was debated and finalized, were recorded and preserved as the Constituent Assembly Debates.

The Constitution envisages a system of governance imbued with the tenets of parliamentary democracy; wherein constitutional supremacy remains paramount. Displaying a federal structure infused with select unitary attributes, it delineates the President as the constitutional figurehead at the helm of the Union’s executive branch.

Enshrined within Article 74(1) of the Constitution, the provision mandates the establishment of a Council of Ministers, with the Prime Minister occupying the coveted position of its leader. This council acts as a vital source of counsel and guidance for the President, whose exercise of functions is contingent upon such advice. Consequently, the mantle of actual executive power rests firmly within the purview of the Council of Ministers, with the Prime Minister assuming a central role therein.

TIMELINE OF FORMATION OF CONSTITUTION

The Constitution-making process in India unfolded through a series of significant events and milestones:

On the 6th of December 1946, the Constitution Assembly was established, drawing inspiration from the French practice. Three days later, on the 9th of December 1946, the Assembly held its first meeting, which was addressed by J.B. Kripalani, with Sachchidananda Sinha serving as the temporary president. Notably, the Muslim League boycotted this inaugural meeting.

Subsequently, on the 11th of December 1946, Rajendra Prasad was appointed as the President of the Assembly, with H.C. Mukherjee assuming the role of Vice-President, and B.N. Rau appointed as the constitutional legal adviser. The total number of members was reduced to 299 after the partition.

On the 13th of December 1946, Jawaharlal Nehru presented the “Objective Resolution” before the Assembly, outlining the fundamental principles that would shape the constitution. This resolution later evolved into the Preamble of the Constitution.

Moving ahead, on the 22nd of January 1947, the Objective Resolution was unanimously adopted by the Assembly, signifying a crucial milestone in the constitution-making process. Subsequently, on the 22nd of July 1947, the adoption of the national flag further symbolized the nation’s progress towards independence.

Finally, on the 15th of August 1947, India achieved its long-awaited independence, leading to the partition and the establishment of the Dominion of India and the Dominion of Pakistan. In the following months, the Assembly made significant strides, including the appointment of the Drafting Committee with B.R. Ambedkar as its Chairman on the 29th of August 1947, and the election of V.T. Krishnamachari as the second Vice-President of the Constituent Assembly on the 16th of July 1948.

After years of arduous efforts, on the 26th of November 1949, the Constitution of India was passed and adopted by the Constituent Assembly, marking a historic moment in the nation’s history. The final act took place on the 24th of January 1950, when the Constituent Assembly convened for its last meeting, signing and accepting the Constitution, which consisted of 395 Articles, 8 Schedules, and 22 Parts. The Constitution finally came into force on 26^th January 1950 after a total duration of 2 years, 11 months, and 18 days, with a cost of ₹6.4 million.

THE INFAMOUS ‘OBJECTIVE RESOLUTION’

The Objective Resolution was moved on December 13, 1946 by Pandit Jawaharlal Nehru. It provided the philosophy and guiding principles for framing the Constitution and later took the form of Preamble of the Constitution of India. This Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947.

The resolution states–

1. The Constituent Assembly solemnly resolves to proclaim India as an independent and sovereign republic and to draft a constitution for the governance of the nation.
2. The Constitution will establish a union comprising the territories of British India, the Indian States, and other parts of India willing to join, ensuring a united India.
3. The territories within the union, with their current boundaries or as determined by the Constituent Assembly and in accordance with the Constitution, will retain their autonomous status. They will possess powers and functions of government, except those vested in the union, and will exercise such powers, preserving their autonomy.
4. All power and authority of the independent India, its constituent parts, and governmental organs are derived from the people.
5. The Constitution guarantees justice, social, economic, and political rights to all people of India. It ensures equality of status, opportunity, and treatment under the law. Freedom of thought, expression, belief, faith, worship, occupation, association, and action are protected, subject to legal and moral boundaries.
6. Adequate safeguards will be provided for minorities, backward and tribal areas, as well as depressed and other backward classes.
7. The integrity of the nation’s territory and its sovereign rights over land, sea, and air will be maintained in accordance with principles of justice and international law.
8. Through these provisions, India seeks to attain its rightful and respected position in the world, contributing willingly to the promotion of global peace and the well-being of humanity.

SOURCES OF INDIAN CONSTITUTION

The Indian constitution incorporates various borrowed features from different nations. The founding fathers of the country wisely selected and adapted elements from other constitutions to create a constitution that suits India. The specific influences from other constitutions are discussed below:

The British Constitution encompasses parliamentary government, the rule of law, legislative procedure, a single citizenship, the cabinet system, prerogative writs, parliamentary privileges, and bicameralism.

The United States Constitution guarantees fundamental rights, upholds the independence of the judiciary, incorporates judicial review, outlines the process for the impeachment of the President and removal of Supreme Court and High Court judges, and establishes the post of Vice-President.

The Irish Constitution includes Directive Principles of State Policy, provisions for the nomination of members to the Rajya Sabha, and outlines the method of election for the President.

The Canadian Constitution embraces federalism with a strong central government, vests residuary power in the centre, appoints state Governors by the centre, and grants advisory jurisdiction to the Supreme Court.

The Australian Constitution features a Concurrent List, ensures freedom of trade, commerce, and intercourse, and allows for joint sittings of the two Houses of Parliament.

The Weimar Constitution of Germany permits the suspension of fundamental rights during emergencies, while the Soviet Constitution (USSR, now Russia) emphasizes fundamental duties and the ideal of justice (social, economic, and political) in the Preamble.

The French Constitution establishes a republic and embodies the ideals of liberty, equality, and fraternity.

The South African Constitution outlines the procedural requirements for amending the Constitution and the election of members to the Rajya Sabha.

Finally, the Japanese Constitution incorporates a procedure established by law.

PREAMBLE OF THE CONSTITUTION

The preamble is an introductory statement in a document, such as a statute or constitution, that outlines its purpose and underlying philosophy. In the case of the Indian Constitution, the preamble serves as a brief statement that expresses the guiding principles and objectives of the document.

In the BeruBari’s case[1], it was ruled that the preamble is not an integral part of the Indian Constitution and does not impose limitations or grant substantive powers. It is also not enforceable in a court of law. However, in the Keshavananda Bharti Case[2], the Supreme Court of India overturned previous decisions and recognized that the preamble can be used to interpret ambiguous areas of the constitution when different interpretations arise.

The Forty-second Amendment, passed in 1976, made changes to the Indian Constitution’s preamble. The original description of the state as a “sovereign democratic republic” was modified to include “socialist” and “secular.” Additionally, the phrase “unity of the Nation” was revised to “unity and integrity of the Nation” through this amendment.

PREAMBLE AND ITS INTERPRETATION

“We, The People of India…”

The phrase suggests that the people of India are the ultimate source of authority for the Constitution. It signifies that the Constitution has been created and implemented by the people through their elected representatives, rather than being imposed upon them by a monarch or external forces.

“…having solemnly resolved to constitute India…”

By including this phrase, it signifies that the people of India commit themselves to upholding the true spirit of the Constitution and ensuring the implementation of its policies and principles. It emphasizes the importance of adhering to the values and intentions enshrined in the Constitution.

“sovereign”

The phrase signifies that India is a sovereign nation, free from external control or interference. It emphasizes that no foreign power can dictate the governance of India. India possesses both internal and external sovereignty, meaning it is internally governed by a freely elected government and externally independent from foreign influence.

While the Constitution itself may appear sovereign as the supreme law of the land, it is important to understand that a document itself cannot possess sovereignty. Instead, the sovereignty lies with the people of India who have given themselves this Constitution. The phrase “We, the people” represents the political sovereignty, while the legal sovereignty resides in the Constitution of India.

The inclusion of “Sovereign” emphasizes that India is not dependent on any external authority. India’s membership in the Commonwealth of Nations and the United Nations Organization does not restrict its sovereignty.

“socialist”
The term “socialist” was initially absent in the original draft of the Constitution but was subsequently introduced into the Preamble through the 42nd Constitutional Amendment in 1976. The inclusion of “socialist” is reflected in the concept of “economic justice” articulated in the preamble. In the context of a democratic framework, socialism denotes a system wherein the state exercises partial or complete control over the means of production with the goal of attaining social and economic equality.

Social equality entails the elimination of discrimination based on factors such as caste, color, creed, sex, religion, or language. It ensures that every individual is accorded equal status and opportunities. On the other hand, economic equality signifies the government’s commitment to reducing wealth disparities and guaranteeing a decent standard of living for all citizens. This commitment epitomizes the aspiration to establish a welfare state.

India has adopted a socialistic and mixed economy, enacting various laws to pursue these objectives. In the case of D.S. Nakara v. Union of India[3], the Supreme Court underscored that socialism strives to provide a decent standard of living and essential social security throughout an individual’s lifespan. It emphasizes the promotion of economic equality and the equitable distribution of income, as enshrined in Article 39(b) and (c) of the Constitution.

 “secular”

The term “secular” was not originally present in the Constitution’s draft but was included in the Preamble through the 42nd Constitutional Amendment in 1976. “Secular” signifies that the state does not favour or endorse any particular religion and treats all religions equally. It does not imply a stance of being anti-religious or completely neutral towards religion. Instead, it represents the principle of equal respect for all religions. It upholds the concept of “sarva dharma sambhava,” which means equal acceptance of all religions.

Articles 25 to 28 of the Constitution guarantee the right to freedom of religion. Citizens have the freedom to practice any religion of their choice, and the state does not have an official religion. The government treats all religious beliefs and practices with equal respect and dignity.

In a secular state, the government regulates the relationships between individuals, rather than being concerned with an individual’s relationship with a divine entity. The emphasis is on the state’s role in promoting equality and ensuring the harmonious coexistence of different religious communities.

“democratic”

The concept of “Damus Cratus” or the rule of the people forms the basis for the authority of the government in a democratic system. The government derives its power from the will of the people, who elect their representatives and hold them accountable. Abraham Lincoln famously defined democracy as being “by the people, of the people, and for the people.”[4]

The preamble of the Indian Constitution reflects this democratic spirit, with its opening phrase “We, the people of India” and the assertion that the people give themselves the Constitution. This emphasizes the democratic nature of India as a country. The government in India is carried out by the people through their elected representatives, and the President of India, who serves as the executive head, is an elected representative rather than a hereditary monarch.

In India, the President is elected indirectly by the people, and elections are held at all levels of government – national, state, and local – through a system of universal adult franchise known as “one man one vote.” Every citizen of India, who is 18 years of age and above and not disqualified by law, has the right to vote without any discrimination based on factors such as caste, creed, colour, sex, religion, or education.

“republic”

The Constitution of India embodies a republican form of government, diverging from the concept of a hereditary monarchy where the executive leadership is passed down through generations. Instead, in a republican system, the head of state is elected rather than being a monarch, as seen in the case of the Kings or Queens of England. This republican concept finds its roots in the influence of France.

Unlike a monarchy where the head of state holds the position based on inherited succession for a lifetime or until voluntary relinquishment, a democratic republic designates a head of state who is elected directly or indirectly for a predetermined term. In the Indian context, the President is elected by an electoral college and holds office for a period of five years. It is important to note that the position of the President is not determined by hereditary lineage, and any eligible Indian citizen can aspire to hold this esteemed position. Likewise, leaders at the state and local levels are also elected by the populace through a similar democratic process.

“…justice, social economic and political…”

The Indian Constitution aspires to achieve a comprehensive framework of justice, encompassing three distinct dimensions: economic justice, socio-economic justice, and social justice. Its overarching objective is to foster the collective welfare of society, prohibit any form of discrimination, promote social well-being, and guarantee equality of status and opportunity. Achieving this goal necessitates rational and equitable policymaking, the inclusion of adult suffrage, and proactive measures to address and rectify existing inequalities, thereby ensuring a decent standard of living for all individuals.

“…liberty, of thought, expression, belief, faith and worship…”

The Constitution recognizes the importance of individual and national development and guarantees the liberty of thought, expression, belief, faith, and worship to its citizens. This means that citizens have the freedom to think, express themselves, and act on their thoughts without unreasonable restrictions. Article 19(1), Article 25, and Article 26 of the Constitution provide provisions for such liberty.

“…fraternity, assuring the dignity of the individual and the [unity and integrity of the Nation…][5]”

“Fraternity” in the context of the Constitution means the spirit of brotherhood. It emphasizes that all individuals should treat each other as members of the same family and not consider anyone as inferior based on any factor. Given India’s diversity with multiple languages and religions, unity and integrity can only be preserved through a sense of brotherhood that encompasses the entire country and all its citizens, regardless of their differences. The Indian Constitution establishes a single citizenship, granting all citizens the right to freely move, reside, and settle anywhere within the country’s territory.

“…In our Constituent Assembly this twenty-sixth day of November, 1949, do hereby ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

This is a pronouncement concerning the adoption and enactment of the Constitution, serving as a declarative affirmation. On the 26th of November, 1949 (commemorated as Lawyer’s Day), Article 394 and several other Articles, including Article 5, 6, 7, 8, 9, 60, 324, 366, 379, 380, 388, 391, 392, and 393, were officially brought into effect. Subsequently, the remaining provisions of this Constitution came into force on the 26th of January, 1950, a momentous occasion widely recognized as the day of the Constitution’s commencement (also celebrated as Republic Day).

PREAMBLE WHETHER A PART OF CONSTITUTION OR NOT?

• In Re Berubari Case [6]

The Supreme Court has determined that the preamble is not considered a formal part of the Constitution, as it does not establish substantive rights, obligations, or powers. It does not grant powers or impose restrictions on those powers. However, the Court has recognized that the preamble serves as an essential tool for interpreting the Constitution.

• Keshvananda Bharti’s case[7]                                                                                                           

According to the Supreme Court, the preamble of the Constitution is not a mere provision but an intrinsic component of the Constitution itself. It is distinguished from the preambles of other statutes as it carries greater weight and significance. The objectives articulated in the preamble are regarded as a reflection of the fundamental principles and the foundational framework of the Constitution. As a result, the preamble holds a vital role in the interpretation of the Constitution, shaping its understanding and application.

• S.R. Bommai v. Union of India[8]

The Supreme Court has ruled that the preamble is an integral component of the Constitution.

CAN THE PREAMBLE BE AMMENDED?

The Parliament has the power to amend the Preamble of the Constitution under Article 368. However, it is important to note that the “basic features” mentioned in the Preamble cannot be amended. To date, the Preamble has been amended only once through the Constitution (42nd Amendment) Act, 1976. This amendment added four words to the Preamble: “socialist,” “secular,” “integrity,” and “unity.”

MAJOR FEATURES OF THE INDIAN CONSTITUTION

• Lengthiest Written Constitution

Constitutions can be categorized into two types: written or unwritten. The Constitution of India stands as a written constitution and holds the notable distinction of being the lengthiest and most intricate constitutional document worldwide. This attribute is attributed to several factors, including the vast geographical expanse and diversity of India, the profound influence of the extensive Government of India Act of 1935, the imperative need for a unified constitution encompassing both the central and state governments, and the active involvement of legal experts within the Constituent Assembly.

The Indian Constitution encompasses not only fundamental principles of governance but also incorporates exhaustive administrative provisions. It embraces both justiciable rights, which can be enforced through legal means, as well as non-justiciable rights, which do not possess enforceability in a court of law.

• Blend of Rigidity and Flexibility

Constitutions can be classified as rigid or flexible based on their amending procedures. The Indian Constitution is a unique blend of rigidity and flexibility. It allows for three types of amendments, striking a balance between stability and necessary changes.

• Federal System with Unitary Bias

The Indian Constitution establishes a federal system with both federal and unitary features. It combines typical elements of a federation, such as two levels of government and a written constitution, with unitary characteristics like a strong central government and integrated judiciary. While it is referred to as a “Union of States,” no state has the right to secede. Scholars describe it as “federal in form but unitary in spirit.”

• Parliamentary Form of Government

The Constitution of India follows the British parliamentary system of government. It emphasizes cooperation between the legislative and executive branches. The Prime Minister holds significant power and it is often referred to as a “Prime Ministerial Government.”

• Rule of Law

According to the axiom, people are governed by the law and not by individuals, highlighting the importance of fallibility in a democracy. The rule of law emphasizes that the law is sovereign, with customs and collective wisdom of the common people playing a significant role. It ensures the absence of arbitrariness, guarantees fundamental rights for individuals, and establishes the highest judiciary as the final authority in upholding the sanctity of the law.

The Constitution of India incorporates this principle in Part III, promoting equality before the law and equal protection of laws (Article 14). Initiatives such as Lok Adalat and Public interest Litigation by the Supreme Court aim to give meaning to this principle. Furthermore, current laws allow litigants to represent themselves or seek legal assistance from the judiciary.

• Integrated and Independent Judiciary

The Indian judicial system is a single integrated system established by the Constitution. It ensures the independence of the judiciary, separating it from the influence of the executive and legislature. The Supreme Court serves as the highest court in the country, while each state has its own High Court. Below the High Courts are subordinate courts, including district courts and lower courts. The Supreme Court is a federal court and acts as the final authority for appeals, safeguarding citizens’ fundamental rights and serving as the guardian of the Constitution. The Constitution includes provisions to ensure the independence of the judiciary.

• Fundamental Rights

Part III of the Indian Constitution guarantees six fundamental rights to all citizens, which is a significant feature of the Constitution. These rights are based on the principle that every individual is entitled to certain rights by virtue of being a human being, and they cannot be taken away by the will of any majority or minority. No majority has the authority to infringe upon these rights. The fundamental rights serve to promote the concept of political democracy, acting as a check on the powers of the executive and protecting individuals from arbitrary laws enacted by the legislature. Importantly, these rights are justiciable, meaning that they can be enforced by the courts in case of violations.

• Directive Principles of State Policy

As per Dr. B.R. Ambedkar, the Directive Principles of State Policy in the Indian Constitution stand out as a distinctive attribute. Contained within Part IV of the Constitution, their fundamental objective lies in securing social and economic justice for the citizens of India. The Directive Principles aim to establish a welfare state where wealth is not concentrated in the hands of a few.[9]

It is important to note that the Directive Principles are non-justiciable, meaning they cannot be directly enforced in courts[10]. However, they act as guiding principles for the government in formulating policies and laws.

In the landmark Minerva Mills case[11], the Supreme Court underscored the paramount importance of achieving a delicate equilibrium between the Fundamental Rights and the Directive Principles of State Policy enshrined in the Indian Constitution. The court emphasized that the constitutional framework is rooted in the concept of harmonizing these two essential elements, recognizing their complementary nature and interdependence in shaping a just and equitable society. These ruling highlights the judiciary’s recognition of the intricate interplay between individual rights and collective welfare objectives, and the need to strike a balance between them for the holistic development and well-being of the nation.

• Fundamental Duties

The original constitution did not include the fundamental duties of citizens. These duties were added through the 42nd Amendment Act of 1976, based on the recommendations of the Swaran Singh Committee[12]. The Constitution now includes a list of ten fundamental duties for all citizens, later amended to eleven through the 86th Amendment Act of 2002. While fundamental rights are guarantees for the people, fundamental duties are obligations expected from every citizen. Similar to the Directive Principles of State Policy, fundamental duties are non-justiciable.

• Emergency Provisions

The Constitution incorporates provisions to address exigencies that may arise when the regular functioning of the government becomes untenable. It accounts for three distinct categories of emergencies: those arising from war, external aggression, or armed rebellion; emergencies resulting from the breakdown of constitutional machinery within states; and financial emergencies. These provisions are intended to safeguard the sovereignty, unity, integrity, and security of the nation, as well as the democratic political system and the Constitution itself. During an emergency, the central government assumes substantial authority, and the states fall under the control and jurisdiction of the central government. This transformation from a federal to a unitary political system during times of emergencies represents a unique characteristic of the Indian Constitution.

CONCLUSION

The Indian Constitution stands as a remarkable and comprehensive document that embodies the aspirations and values of the Indian people. It is the longest written constitution in the world and has been instrumental in shaping the democratic fabric of the nation. With its emphasis on fundamental rights, directive principles, and the balance between the centre and states, the Constitution reflects the commitment to social justice, equality, and inclusivity. It establishes a robust system of governance, with an independent judiciary and a parliamentary form of government. The Constitution also provides for emergency provisions, ensuring the safeguarding of the nation’s sovereignty and democratic principles in challenging times. While not without imperfections, the Indian Constitution continues to evolve and adapt to the changing needs and aspirations of its diverse population. It remains a symbol of India’s commitment to democracy, justice, and the well-being of its citizens.

REFERENCES

1. https://en.wikipedia.org/wiki/Constitution_of_India
2. http://employmentnews.gov.in/NewEmp/MoreContentNew.aspx?n=SpecialContent&k=40367
3. https://pib.gov.in/PressReleseDetail.aspx?PRID=1749614
4. https://www.indiatoday.in/education-today/gk-current-affairs/story/constitution-day-borrowed-features-in-the-indian-constitution-1622632-2019-11-26
5. https://byjus.com/free-ias-prep/preamble/#:~:text=The%20’Preamble’%20of%20the%20Constitution,authority%2C%20meaning%2C%20the%20people.
6. https://www.legalserviceindia.com/articles/thyg.htm
7. https://www.loc.gov/item/57026883
8. https://www.thehindu.com/opinion/op-ed/indias-deceptive-constitution/article7295299.ece

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[1] AIR 1960 SC 845

[2] (1973) 4 SCC 225; AIR 1973 SC 1461

[3] 1983 AIR 130, 1983 SCR (2) 165

[4] U.S. President Abraham Lincoln, The Gettysburg Address, November 19, 1863

[5] Subs. by s. 2, ibid., for “Unity of the Nation” (w.e.f. 3-1-1977)

[6] AIR 1960 SC 845

[7] (1973) 4 SCC 225; AIR 1973 SC 1461

[8] [1994] 2 SCR 644: AIR 1994 SC 1918: (1994)3 SCC1

[9] Dr. BR Ambedkar’s speech at Constituent Assembly, 1948

[10] Article 37, Constitution of India

[11] AIR 1980 SC 1789

[12] Established in 1976, Swaran Singh Committee is the committee that was solidified to make recommendations regarding the fundamental duties, where a question was raised to include fundamental duties as a distinct division in our Indian Constitution.