GTU BE03000061 Indian Constitution Summer 2026 Solved Paper & Solutions

The Constitution of India was adopted on 26 November 1949 and came into force on 26 January 1950. Its salient features are:

1. Lengthiest written constitution in the world (originally 395 articles, 22 parts and 8 schedules).
2. Drawn from many sources: the Government of India Act 1935, and the constitutions of Britain, the USA, Ireland, Canada and others.
3. Blend of rigidity and flexibility in its amendment procedure (Article 368).
4. Federal system with a unitary bias: division of powers, but a strong Centre.
5. Parliamentary form of government, at the Centre and in the States.
6. Independent and integrated judiciary, with the Supreme Court at the top.
7. Fundamental Rights, Directive Principles of State Policy and Fundamental Duties.
8. Secular state, universal adult franchise and single citizenship.
9. Independent bodies such as the Election Commission and the CAG; emergency provisions; three-tier government (Union, State, local).

Importance of two features:

• Universal adult franchise: every citizen aged 18 or above can vote, whatever their caste, religion, sex, education or wealth. It makes India a true democracy. Example: in every Lok Sabha election, a daily wage worker and a business owner each have one equal vote.
• Fundamental Rights: they protect citizens against misuse of power by the State and can be enforced in court. Example: the Right to Education (Article 21A) makes free and compulsory education a right for children aged 6 to 14, and a parent can go to court if it is denied.

Freedoms under Article 19(1): all citizens have the right to:

1. (a) freedom of speech and expression;
2. (b) assemble peaceably and without arms;
3. (c) form associations or unions (and co-operative societies);
4. (d) move freely throughout the territory of India;
5. (e) reside and settle in any part of India;
6. (g) practise any profession, or carry on any occupation, trade or business.

(Clause (f), the right to property, was removed by the 44th Amendment, 1978.)

Grounds for reasonable restrictions (Articles 19(2) to 19(6)):

The restriction must be reasonable: courts check that it is fair and not excessive. For example, a law banning hate speech that may cause riots is valid, because it protects public order.

These rights, in Part III, protect the identity of minorities and other groups.

Article 29: Protection of interests of minorities (cultural rights)

• 29(1): any section of citizens living in India that has a distinct language, script or culture of its own has the right to conserve it.
• 29(2): no citizen can be denied admission to any educational institution run or aided by the State only on grounds of religion, race, caste or language.

This right is available to all sections of citizens, not only minorities. Example: the people of a linguistic group can run schools and cultural bodies to preserve their language.

Article 30: Right of minorities to establish and administer educational institutions

• 30(1): all minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
• 30(1A): if the State acquires the property of such an institution, the compensation must not restrict this right.
• 30(2): the State, in giving aid, shall not discriminate against an institution because it is managed by a religious or linguistic minority.

Purpose: these rights give minorities confidence that they can preserve their culture, language and religion in a diverse country. Minority institutions still follow reasonable regulations on standards, such as qualifications of teachers.

Judicial review

Judicial review is the power of the Supreme Court and High Courts to examine laws and government actions and declare them void if they violate the Constitution.

• Basis: Article 13 (laws inconsistent with Fundamental Rights are void), and Articles 32 and 226.
• It applies to laws of Parliament and State Legislatures, and to executive orders.
• In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that even constitutional amendments cannot change the basic structure, and judicial review itself is part of the basic structure.

Constitutional remedies

Article 32 gives the right to move the Supreme Court for enforcing Fundamental Rights. It is itself a Fundamental Right. Dr. B. R. Ambedkar called it the "heart and soul" of the Constitution. Article 226 gives the same power to the High Courts, and also for other legal rights.

The courts issue writs:

Purpose: rights are useless without a way to enforce them. Constitutional remedies make Fundamental Rights real and enforceable, protect citizens from misuse of power and keep the government within the limits of the Constitution.

Relation: they are complementary. Article 37 says DPSPs are fundamental in the governance of the country. In Minerva Mills v. Union of India (1980), the Supreme Court held that the Constitution rests on the balance between FRs and DPSPs, and neither can be given absolute priority over the other. Many DPSPs have become rights through laws and judgments, such as the Right to Education (Article 21A).

Directive Principles of State Policy (DPSP) are guidelines in Part IV (Articles 36 to 51) that the State must keep in mind while making laws and policies.

Features:

1. Instructions to the State: they are directions to the Union and State governments, legislatures and local bodies to build a welfare state.
2. Non-justiciable: under Article 37, they cannot be enforced in a court. A citizen cannot sue the government for not following them.
3. Fundamental in governance: Article 37 also says they are fundamental in the governance of the country, and it is the duty of the State to apply them in making laws.
4. Borrowed from Ireland: the idea comes from the Irish Constitution.
5. Aim of social and economic democracy: they aim at justice, equality and welfare, while Fundamental Rights give political democracy.
6. Positive in nature: they ask the State to act, for example to provide education and health.
7. Help courts: courts use them to interpret laws and to judge whether a restriction on rights is reasonable.
8. Classified into three groups:

• Socialistic: equal pay for equal work, right to work, living wage.
• Gandhian: village panchayats, cottage industries, prohibition.
• Liberal-intellectual: uniform civil code, separation of judiciary from executive, protection of environment.

Examples of implementation: the MGNREGA (right to work), Panchayati Raj (73rd Amendment), free legal aid, and mid-day meal schemes.

India has a federal structure: power is divided between the Union and the States, each with its own government, under a written and supreme Constitution. Article 1 calls India a "Union of States", and because of its strong Centre it is often called quasi-federal.

Division of legislative powers (Article 246, Seventh Schedule)

• In a conflict on a Concurrent List subject, the Union law prevails (Article 254).
• Residuary powers (subjects not in any list) belong to Parliament (Article 248).
• Parliament can make laws on State List subjects in some cases, such as a Rajya Sabha resolution in the national interest (Article 249) or a National Emergency.

Division of financial powers (Part XII)

• Taxing powers are separated: the Union levies income tax (other than on agricultural income), customs and corporation tax; the States levy taxes on agricultural income, land revenue, and liquor for human consumption.
• GST (101st Amendment, 2016): both the Union and the States levy GST on the same transactions (Article 246A), and the GST Council (Article 279A) decides rates and rules.
• Sharing of taxes: taxes collected by the Union are shared with the States on the recommendation of the Finance Commission (Article 280), set up every five years.
• Grants-in-aid (Articles 275 and 282) help needy States.
• Borrowing: States can borrow within India within limits; the Union controls foreign borrowing.

So India has a division of powers with a strong Centre to keep the country united.

Urban local bodies get constitutional status from the 74th Amendment, 1992 (Part IXA, Articles 243P to 243ZG). It provides for three types: Nagar Panchayat (area in transition from rural to urban), Municipal Council (Municipality) for a smaller urban area, and Municipal Corporation for a larger urban area.

Role of the Mayor

1. First citizen of the city: the Mayor is the ceremonial head of the Municipal Corporation and represents the city at official functions.
2. Presides over meetings of the general body (council) of the corporation and conducts its business.
3. Policy leadership: guides the councillors in deciding the budget, development plans and priorities for water supply, roads, sanitation and housing.
4. Link between citizens and administration: hears public grievances and takes them up with the Municipal Commissioner and officers.
5. Supervision and coordination: keeps a watch on the working of the administration and coordinates with the State government.

In most states, including Gujarat, the Mayor is elected by the councillors for a fixed term, while the executive powers lie mainly with the Municipal Commissioner. So effective administration depends on good coordination between the Mayor and the Commissioner.

A Financial Emergency is proclaimed by the President under Article 360 when there is a threat to the financial stability or credit of India or any part of it.

Approval: the proclamation must be approved by both Houses of Parliament within two months by a simple majority. Once approved, it continues until revoked; no repeated approval is needed.

Constitutional effects:

1. Union control over State finances: the Union executive can give directions to any State to observe canons of financial propriety.
2. Salaries of State employees: the President can direct the States to reduce the salaries and allowances of all or any class of persons serving the State.
3. State money bills: all money bills and other financial bills passed by the State legislature can be reserved for the consideration of the President.
4. Salaries of Union employees: the President can order the reduction of salaries and allowances of persons serving the Union, including judges of the Supreme Court and High Courts.

So during a financial emergency, the Centre gets full control over financial matters of the States, and the federal division of financial powers is in effect suspended.

A Financial Emergency has never been proclaimed in India so far.

The President is the head of the Indian State, the first citizen and the Supreme Commander of the armed forces. Under Article 53, the executive power of the Union is vested in the President, but under Article 74 the President acts on the advice of the Council of Ministers headed by the Prime Minister.

1. Executive powers

• All executive actions are taken in the President's name.
• Appoints the Prime Minister and other ministers, the Governors, the Chief Justice and judges of the Supreme Court and High Courts, the Attorney General, the CAG and the Election Commissioners.

2. Legislative powers

• Summons and prorogues the sessions of Parliament, and dissolves the Lok Sabha.
• Addresses Parliament at the first session after each general election and of each year.
• Gives assent to bills, may return a non-money bill for reconsideration, or withhold assent.
• Issues ordinances when Parliament is not in session (Article 123).
• Nominates 12 members to the Rajya Sabha.

3. Financial powers

• Money bills can be introduced only with the President's recommendation; the budget is laid before Parliament in the President's name.
• Controls the Contingency Fund of India and appoints the Finance Commission.

4. Judicial powers

• Can grant pardons, reprieves, respites and remissions of punishment, including in death sentences (Article 72).

5. Diplomatic and military powers

• Sends and receives ambassadors; international treaties are made in the President's name.
• Supreme Commander of the defence forces; declares war and peace (subject to Parliament).

6. Emergency powers

• National Emergency (Article 352), President's Rule in a State (Article 356) and Financial Emergency (Article 360).