Constitutional Law - Preamble, Federal Features, Citizenship Act, State Definition, PIL

Explore the significance of the Preamble to the Indian Constitution, federal features, modes of acquiring citizenship, state definition under Article 12, and the concept of Public Interest Litigation (PIL) in India.

Constitutional law
Q.1 Short note on Preamble to the constitution ?
Ans:- The Preamble to the Indian Constitution is a brief introductory statement that sets out
the fundamental values and principles upon which the Indian Constitution is based. It is
considered as the soul of the Indian Constitution. The Preamble was adopted by the
Constituent Assembly of India on 26th November 1949 and came into force on 26th January
1950.
The Preamble declares India to be a sovereign, socialist, secular, democratic republic and
also emphasizes on the unity and integrity of the nation. It sets out the objectives of the
Constitution which includes justice, liberty, equality, and fraternity.
The Preamble also seeks to promote the welfare of the people by stating that India is a
"socialist" state, which means that the government has a responsibility to ensure that
resources are distributed equitably and that there is social and economic justice for all
citizens.
Socialist
In the form of some Directive Principles of State Policy, the Constitution of India has socialist
content included in the preamble, then after the term, ‘socialist’ was added in the 42nd
Amendment in the year 1976. Here, in the Preamble of the Constitution socialist means
democratic socialism which is defined as achieving the socialist goals in an evolutionary,
democratic, and non-violent way. It keeps faith in the mixed economy in which both the
public sectors and private sectors are present.
Sovereign
The word ‘sovereign’ as described by the Preamble of the Constitution means that India is
not dominated by any external power and the state is having its independent authority.
Simply sovereignty means that a state is having independent authority.
Secular
The term ‘secular’ was added in the 42nd Amendment in the year 1976. Secularism in the
Preamble of the Constitution of India is described as all the religions i.e. Buddhism,
Hinduism, Sikhism, Islam, Jainism are Christianity are all equal in this state. India is not a
state with only one religion.
Democratic
The term ‘democratic’ was added in the 42nd Amendment in the year 1976, it explains that
every citizen of India has the right to vote and select the governments of their choice. The
voting right is for all the people who have citizenship in India and are 18 years or above.
Economic and social democracy is also included in this.
Republic

The term ‘secular’ was added in the 42nd Amendment in the year 1976, it explains that the
state’s head is elected by the people, which means that public power is not a proprietary
right and the leaders can be changed by election every 5 years.
Q.2 Mention the 4 features of federal constitution ?
Ans:- Federalism in India is an essential feature of the constitution that limits the
government. The Supreme court of India put down conditions that are necessary to be
fulfilled for the constitution to be federal. This was through a ruling in the case of State of
West Bengal vs Union of India. These conditions are:
1. A contract with the princely states to cede to the Union. The powers are generally
shared between the states and the centre.
2. The constitution is said to be supreme, and only the Parliament has the authority to
alter it.
3. Distribution of the powers between the centre and the state in their respective
areas.
4. Courts have the final authority in interpreting the constitution, and they would
invalidate any action that would violate it.
Federal features
Division of powers: The constitution clearly demarcates the powers between the central and
state governments, and specifies the areas in which each level of government can exercise its
authority. Both the governments at the union and states are independent in their charge. Items
of national importance like defence, foreign affairs, the currency of the country, etc. are union or
central subjects, and subjects like health, land agriculture fall under the domain of the states.
Written Constitution: A federal constitution is typically a written document that spells out the
powers of the central and state governments, as well as the fundamental rights and freedoms of
the citizens.
Supremacy of the Constitution: In a federal system, the Constitution is the supreme law of the
land, and all levels of government are bound by its provisions.
Independent Judiciary: A federal constitution typically establishes an independent judiciary to
interpret and enforce the Constitution, and to resolve disputes between the central and state
governments.
Dual Citizenship: In a federal system, citizens are considered to be both citizens of the central
government and citizens of their respective states.
Bicameral Legislature: A federal constitution often provides for a bicameral legislature, with one
chamber representing the central government and the other representing the states or
provinces.
Flexible and Rigid Provisions: The federal constitution may contain some provisions that can be
amended with relative ease, while others may require a more rigorous process to amend.

Q.3 State the modes of acquiring citizenship under citizenship act ?
Ans:- The Constitution of India confers various rights and privileges to the citizens of
India with the help of Articles 5 to 11. Constitutional provisions for the acquisition of
citizenship are enshrined in the Citizenship Act (1955) by the Parliament.
Ways of acquiring citizenship in India:-
Birth: A person born in India on or after 26th January 1950 but before 1st July 1987 is
considered an Indian citizen by birth. Additionally, a person born in India on or after 1st
July 1987 is considered an Indian citizen if either of their parents is a citizen of India at
the time of their birth.
Descent: A person born outside India on or after 26th January 1950 is considered an
Indian citizen by descent if their father was an Indian citizen at the time of their birth.
Registration: A person who is not a citizen of India by birth or descent can acquire Indian
citizenship by registration if they have been residing in India for at least five years and
have been of good conduct during that time.
Naturalization: A person who is not a citizen of India by birth or descent can acquire
Indian citizenship by naturalization if they have resided in India for at least twelve years
and have been of good conduct during that time. However, this period of residence is
reduced to seven years for people who are married to Indian citizens or for people of
Indian origin who are living abroad.
Incorporation of territory: If any territory becomes a part of India, the government may
specify the persons who will be considered citizens of India by virtue of their connection
with that territory.
Q.4 Define state under article 12 of Indian Constitution with the help of case
law?
Ans:- Under Article 12 of the Indian Constitution, the term "State" refers to the
government and Parliament of India, the government and the Legislature of each of the
States in India, and all local or other authorities within the territory of India or under the
control of the Government of India.
This definition is important because Article 12 provides that fundamental rights are
enforceable against the State. This means that if any of the fundamental rights guaranteed
by the Constitution are violated by the government, Parliament, or any other authority that
falls within the definition of "State" under Article 12, the affected person can approach the
courts for redressal.
The term "State" under Article 12 has been interpreted broadly by the Indian courts to
include not only the government and its agencies, but also private entities that perform
public functions, receive financial aid from the government, or are controlled by the

government in some way. This interpretation has expanded the scope of fundamental rights
to cover a wider range of actors who may affect the enjoyment of these rights by citizens.
Article 12 includes:-
Parliament: The parliament comprises of the President of India, the lower house of the parliament
that is the Lok Sabha as well as the upper house of the Parliament, that is the Rajya Sabha.
Executive: It is that organ which implements the laws passed by the legislature and the policies of
the government. The rise of the welfare state has tremendously increased the functions of the state,
and in reality, of the executive.
Legislature:. In simple words, the legislature is that organ of the government which formulates laws.
Legislature enjoys a very special and important in every democratic state. It is the assembly of the
elected representatives of the people and represents national public opinion and power of the
people.
Government: The law-making or legislative branch and administrative or executive branch and law
enforcement or judicial branch and organizations of society. Lok Sabha (the lower house) and Rajya
Sabha (the upper house) form the legislative branch. Indian President is the head of the state and
exercises his or her power directly or through officers subordinate to him. The Supreme Court, High
Courts, and many civil, criminal and family courts at the district level form the Judiciary.
State Legislature: The legislative body at the state level is the State Legislature. It comprises of the
state legislative assembly and the state legislative council.
Local Authority: As per Section 3(31) of the General Clauses Act, 1897,
“Local Authority shall mean a municipal committee, district board, body of commissioner or other
authority legally entitled to or entrusted by the Government within the control or management of a
municipal or local fund.”
Case law
Ajay Hasia vs Khalid Mujib
The case of Ajay Hasia v. Khalid Mujib dealt with the issue of whether a private entity, in this case, a
college, could be considered a "State" under Article 12 of the Indian Constitution. The petitioner
claimed that the college's admission procedures violated his right to equality, and argued that the
college fell within the definition of "State" under Article 12. The court held that a private entity could
be considered a "State" if it performed public functions and was significantly aided or controlled by
the government. The court looked into the memorandum of association and found that the college
was sponsored by the government, and its management was carried out by a society registered
under the Jammu and Kashmir Registration of Societies Act. The court held that the college fell
within the ambit of "State" and its selection procedure violated the petitioner's fundamental right to
equality under Article 14 of the Constitution. The case clarified the definition of "State" under Article
12 and expanded the scope of fundamental rights to cover private entities that perform public
functions.

Q.5 Explain the concept of PIL?
Ans:- Public Interest Litigation (PIL) is a legal mechanism in India that allows any citizen to
approach the court to seek redressal of a grievance that affects the public at large or seeks
enforcement of public duty by the government or any public authority. PIL was introduced
in India in the 1980s by the judiciary, as a means to provide access to justice to marginalized
and vulnerable groups and to ensure transparency and accountability in governance.
PIL is based on the concept that access to justice is a fundamental right and can be sought
by anyone, irrespective of their social, economic, or political status. Unlike traditional
litigation, PIL does not require the petitioner to have a personal interest in the case or to
have suffered any personal injury or loss. The petitioner can approach the court on behalf of
a group or a class of people who are affected by the issue.
PIL has been used to address a wide range of issues such as environmental degradation,
gender-based violence, corruption, and human rights violations. It has played a significant
role in shaping the social and political landscape of the country and has led to the
development of various laws and policies that protect the rights of marginalized
communities.
PIL has helped to bring the judiciary closer to the people and has made the courts more
accessible to the common man. It has also increased the accountability of the government
and public authorities by ensuring that they perform their duties in a transparent and
accountable manner. PIL has, thus, emerged as an important tool for ensuring good
governance, protecting human rights, and promoting social justice in India.
PIL is a form of judicial activism that allows any citizen or group of citizens to file a writ
petition in the High Court or the Supreme Court for the enforcement of fundamental rights
and the protection of public interest. This legal mechanism empowers the common man to
seek justice against the powerful and the mighty.
PIL can be filed by any person or group of persons who are not necessarily victims of the
injustice or violation of rights but are concerned about the welfare of society. In other
words, PIL is an instrument of social action that allows any person to raise a public issue and
seek a remedy from the court.
The primary objective of PIL is to provide access to justice to those who cannot approach
the court due to poverty, illiteracy, ignorance, or lack of resources. PIL has been
instrumental in bringing about significant changes in the socio-economic and political
landscape of the country. Some of the landmark judgments delivered by the Supreme Court
through PIL include the following:
The ban on the use of loudspeakers during night hours in residential areas to prevent noise
pollution.
1. The right to education for children between the ages of 6 and 14.
2. The regulation of hazardous industries to prevent environmental pollution.

3. The protection of the rights of bonded laborers.
4. The rehabilitation of displaced persons due to large-scale development projects.