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

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