Constitutions and Law

While interpreting the constitution, the courts are expected to interpret the provisions of Directive Principles and Fundamental Rights as harmoniously as possible.

The constitution gives the power of superintendence over all subordinate courts to the High Court under article 227 of the constitution.

Habeas corpus is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. Habeas corpus writ is a bulwark of personal freedom

The Preamble delineates the basic structure of the Constitution of India. It does not contain laws enforceable in the court, but no law can be enacted or amended in a manner that violates the spirit of the Preamble.

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(1) Preamble is at the beginning of the constitution same as prologue is at the beginning of a play.

Article 19 of the Indian Constitution mentions the ‘Freedom of speech and expression’, which enables an individual to participate in public activities. The phrase, freedom of press has not been used in Article 19, but ‘freedom of expression’ includes freedom of press.

The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the Parliament. Secularism and democracy fall under the definition of basic structure.

Minerva Mills Case, 1980 provides for the harmonious interpretation of the provisions of Directive Principles and Fundamental Rights.

Changes to the Fundamental Rights require a constitutional amendment, which has to be passed by a special majority of both Houses of Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting.

In S.R. Bommai v. Union of India (1994), the Supreme Court held that secularism is a basic structure of the Constitution and the only permissible approach in a pluralistic society like India. While Kesavananda Bharati established the basic structure doctrine, and I.C. Golaknath dealt with property rights, it was Bommai that specifically articulated secularism as a fundamental constitutional principle.

The Fundamental Duties were added to the Indian Constitution by the 42nd Constitutional Amendment Act, 1976. They were added on the recommendation of the Swaran Singh Committee and are contained in Article 51A (Part IVA of the Constitution).

UDHR Article 23(1) guarantees the right to just and favorable work conditions. In the Indian Constitution, this corresponds to Article 41 which directs the state to secure the right to work and education, and to public assistance in cases of unemployment. While multiple DPSP articles relate to labor, Article 41 is the closest match to the UDHR provision.

The term 'dignity of the individual' appears explicitly in the Preamble to the Constitution of India ('...dignity of the individual...'). While Article 21 is the operational guarantee of life and personal liberty that embodies this principle, the specific phrase 'dignity of the individual' is Preamble language. However, Article 21 is often cited as the substantive manifestation of this dignity.

In Maneka Gandhi v. Union of India (1978), the Supreme Court held that 'reasonableness' runs like a golden thread through fundamental rights, particularly Article 21's 'procedure established by law'. This case transformed Article 21 by requiring procedures to be fair, just, and reasonable, not merely arbitrary. The golden thread metaphor is specific to this landmark judgment.