AIM ASSIGNMENT

WEEK 1 – DAY 1

POLITY
[MODEL ANSWER]

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 2 MODEL ANSWER | AIM ASSIGNMENT | WEEK 1

POLITY

WEEK 1 DAY-1

1. Provide a comparative account of the Government of India Act 1919 and 1935. Also, discuss the key provisions
adopted from the Govt of India Act 1935 in the Indian constitution.
The Government of India Act of 1919 and 1935 were brought in to bring in “responsible government” for
Indians and increase their participation.
The Government Act of 1919 was based on the Mont-Ford Report that was supposedly made after
considering the concerns of all the sections of polity. The Government of India Act 1935 was based on the
reports of the Simon Commission, the 3rd Round Table Conference and the White Paper of 1933.

COMPARATIVE ANALYSIS:

Factor GOI ACT 1919 GOI ACT 1935

Source & British policy of conciliation to get support The Government of India Act 1935 derived
Background of Indians in World War-I by ensuring some fabric from 4 key assets viz. Report of the Simon
reform in 1917 by Montagu. Commission, discussions on the Third Round
Table Conference, the White Paper of 1933 and
the reviews of the Joint choose committees.
Aim & Objective The overall aim was to provide Indians with a The main aim was to provide for a greater
greater say in the governance of their country degree of self-government for Indians while
while maintaining British control. However, preserving British control, also establishing
the Act fell short of Indian expectations, and federal system
many Indians continued to demand greater
autonomy and eventual independence
Provincial It relaxed central control over province by It provided for the establishment of an all-india
governance demarcating central and provincial subject. federation consisting of provinces and princely
However structure continued to be centralized states with residuary power with viceroy.
and unitary
Provincial subject It introduced the concept of dyarchy whereby It abolished dyarchy and introduced provincial
the provincial subject were divided into autonomy in its place.
transferred and reserved subjects transferred
Moreover the act introduced responsible
were to be governed by governor with aid of
government in provinces.
minister while reserved with aid of executive
council of governor It adopted dyarchy at centre.
Legislature Introduced the bi-cameral legislature at the It introduced bicameralism at provincial level
central level in India. in six out of eleven provinces.
Communal Expanded to sikhs, Indian christians, Anglo- Expanded to women and labour
electorate Indian and European
Public service It provided for establishment of public service It provided for establishment of Federal public
commision commission and thus it was setup in 1926 for service commission
recruiting civil servant
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KEY PROVISIONS OF THE GOI ACT OF 1935 WHICH WERE ADOPTED IN THE INDIAN CONSTITUTION:
1. Federal Structure: The Act provided for a federal system with a division of powers between the Centre
and Provinces, which is reflected in the Constitution’s division of powers through the Union, State, and
Concurrent Lists in the Seventh Schedule.
2. Distribution of Subjects: Subjects were classified into 3 lists, the main feature of Dyarchy at the centre
was introduced in the GoI Act of 1935. Indian Constitution also provides for three lists under Schedule
VII.
3. Provincial Autonomy: The Act granted provinces significant autonomy, a concept carried forward into
the Constitution, where states enjoy considerable powers and functions independent of the Centre.
4. Bicameral Legislature: The Act introduced bicameralism at the Centre with the Federal Assembly and
the Council of States. This structure was adopted in the Constitution, with the Parliament comprising
the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
5. Office of Governor: The Act established the position of the Governor in provinces, a feature retained in
the Constitution, where each state has a Governor appointed by the Preside
6. Emergency Provisions: The Act contained provisions for the proclamation of emergencies, which
influenced the Constitution’s emergency provisions under Articles 352, 356, and 360.
7. Reserved Seats and Separate Electorates: The Act introduced reserved seats for minorities and
separate electorates, a principle initially carried over in the Constitution through reserved seats for
Scheduled Castes and Scheduled Tribes, although separate electorates were abolished.
8. All-India Court: For the first time, an all-India Court called the ‘Federal Court of India’ was set up,
which was substituted by the Supreme Court of India in the Indian Constitution.
The Government of India Act of 1935 served as a blueprint for many provisions in the Indian Constitution,
laying the groundwork for India’s federal structure, legislative framework, provincial autonomy, and other
key administrative features. The Constitution of India, however, refined and expanded these provisions to
create a more democratic and inclusive system of governance.
2. The Indian constitution is a synthesis of Indian values, the struggle for Independence, and borrowed features
of the West. Examine.
Indian constitution reflects the ethos, spirit and aspirations of the people. It has a unique character of
its own due to the synthesis of Indian values, a reflection of the freedom movement and some borrowed
features of the West.

INDIAN VALUES:
1. Equality (Samata): The Indian Constitution upholds the value of equality in various provisions, including
Article 14 which guarantees equality before the law.
a. Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It
ensures equal opportunity and protection to all citizens.
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2. Justice (Nyaya): The value of justice is reflected in the Indian Constitution through Article 39A, which
provides for equal justice and free legal aid to economically disadvantaged sections of society.
a. Additionally, Article 14 ensures that the state shall not deny any person equality before the law or
equal protection of the laws.
3. Liberty (Swatantrata): The principle of liberty is enshrined in the Indian Constitution through various
provisions, including Article 19 which guarantees fundamental freedoms such as freedom of speech
and expression, assembly, association, and movement. Article 21 ensures the protection of life and
personal liberty.
4. Fraternity (Bandhutva): The value of fraternity, promoting unity and a sense of brotherhood among
citizens, is embodied in the Preamble of the Indian Constitution.
a. It emphasizes the need to secure for all citizens the principles of justice, liberty, equality, and
fraternity.
5. Dignity (Gaurav): The Indian Constitution recognizes the inherent dignity of individuals and protects it
through various provisions.
a. Article 21 guarantees the right to life with dignity, and Article 23 prohibits trafficking and forced
labour, safeguarding the dignity of individuals.
6. Secularism (Dharma-nirapekshata): Secularism is a core value enshrined in the Indian Constitution.
Although the term “secular” was added to the Preamble through the 42nd Amendment Act in 1976, the
principles of secularism can be found throughout the Constitution.
a. Articles 25 to 28 ensure the freedom of religion, and Article 15 prohibits discrimination based on
religion

VALUES FROM THE FREEDOM MOVEMENT:

1. Sovereignty of the People: The preamble of the Indian Constitution begins with the phrase “We, the
people of India.” This reflects the value of popular sovereignty, emphasizing that ultimate power
resides in the hands of the people, a principle that was central to the Indian freedom movements.
2. Fundamental Rights: The fundamental rights enshrined in Part III of the Indian Constitution reflect the
values of the Indian freedom movements.
a. Right to Equality: Article 14 guarantees equality before the law and equal protection of the laws.
This reflects the movement’s aim to dismantle discriminatory practices based on caste, religion,
or gender.
b. Right to Freedom: Articles 19 to 22 ensure various freedoms such as freedom of speech and
expression, assembly, association, movement, and protection of personal liberties. These rights
were essential for the freedom fighters’ struggle against colonial oppression and for democratic
values.
3. Directive Principles of State Policy: The Directive Principles of State Policy reflect the vision of the
freedom movements. While not legally enforceable, they serve as guidelines for the government. Some
examples include
a. Promotion of Social Justice: Article 46 directs the state to promote the educational and economic
interests of weaker sections of society, particularly Scheduled Castes (SCs) and Scheduled Tribes
(STs).
i. This reflects the freedom movement’s focus on addressing social inequalities and ensuring
justice for marginalized communities.
b. Agriculture and Rural Development: Article 39 directs the state to secure the right to an adequate
means of livelihood for all citizens. This reflects the movement’s emphasis on agrarian reforms and
the upliftment of rural communities.
4. Abolition of Untouchability: Article 17 of the Indian Constitution explicitly abolishes untouchability and
prohibits its practice in any form.
a. This provision reflects the freedom movement’s commitment to eradicating the social evil of
untouchability and promoting equality.
5. Universal Adult Suffrage: The Indian Constitution provided for universal adult suffrage, ensuring that
every citizen, regardless of caste, religion, gender, or wealth, has the right to vote. This reflects the
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democratic values championed by the freedom movements, where every individual’s voice mattered
in shaping the nation’s future.

BORROWING FROM WEST:

1. Written Constitution: The Constitution of India is a written Constitution, just like the US Constitution.
It means that the Constitution is a codified document, and all the provisions of the Constitution are
contained in a single document.
2. Fundamental Rights: The Fundamental Rights enshrined in the Constitution of India are inspired by the
Bill of Rights in the US Constitution. The concept of due process of law, the right to life, liberty, and
property, and the right against self-incrimination are some of the borrowed features.
3. Independent Judiciary: The Constitution of India has a separate and independent Judiciary, which is
inspired by the US Constitution. The Judiciary is empowered to interpret the Constitution and protect
the fundamental rights of citizens.
4. Parliamentary System: The parliamentary system of India is borrowed from the UK Constitution. India
has a bicameral legislature, consisting of the Rajya Sabha and Lok Sabha, just like the UK has the
House of Lords and House of Commons.
5. Federalism: The concept of federalism is borrowed from the US Constitution. The Constitution of India
has a federal structure, where powers are divided between the Central and State governments.
6. Directive Principles of State Policy: The Directive Principles of State Policy in the Constitution of India
are inspired by the Irish Constitution. These principles provide guidelines to the government to ensure
social and economic justice for citizens.
7. Rule of Law: The concept of the rule of law is borrowed from the UK Constitution. The Constitution
of India provides for equality before the law and equal protection of the law to all citizens. No one is
above the law, and the law applies equally to all citizens.
Conclusion: These are some of the significant borrowed features from the West in our Constitution.
However, the Constitution of India also has several unique features that reflect the country’s social,
cultural, and political values.

3. Highlight the unique features of the Constitution that made Indian democracy survive since independence.
How has the Indian constitution incorporated the aspirations of the citizens?  10 marks
The Indian Constitution has been instrumental in ensuring the survival and stability of Indian democracy
since independence. It has several unique features that have been designed to incorporate the aspirations
of the citizens and maintain a balance between various facets of governance and individual rights,
ensuring their rights, and providing a framework for an inclusive and democratic society.

UNIQUE FEATURES OF THE CONSTITUTION THAT MADE INDIAN DEMOCRACY:

1. Trinity of liberty, equality and fraternity: The Preamble incorporates the holy trinity as the soul of
the Constitution that has been serving as the guiding principles for the nation’s governance. Its has
ensured liberty of thoughts, equality of opportunity & fraternity amongst its citizen.
2. Secularism: India does not favour a single religion, and promotes tolerance and peaceful coexistence
among diverse religious communities. This creates unity among all.
3. Federalism with Unitary bias: India’s vast size and diversity are acknowledged by its federal structure.
Power is shared between the central government and states, fostering unity while respecting regional
needs. This flexibility allows the constitution to adapt to evolving demands.
4. Parliamentary Democracy: India follows a parliamentary form of government where the executive is
accountable to the legislature which ensures checks and balances and facilitates stability through
regular elections and democratic processes.
5. Fundamental Rights and Directive Principles: The Constitution guarantees fundamental rights like
equality, freedom of speech, and religion, creating a strong foundation for a just society. Additionally,
Directive Principles set out goals for the government to achieve a welfare state, promoting social and
economic justice.
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6. Three-tier Government: Promotes decentralized governance which divides powers among central,
state, and local governments, promoting participatory democracy and grassroots development. Ex:
Articles 243-243O: Panchayats. Articles 243P-243ZG: Municipalities.
7. Adaptability: The Constitution provides for a flexible but rigorous amendment procedure, allowing
necessary changes over time while maintaining its basic structure and principles. Example: The 101st
Amendment introduced the Goods and Services Tax (GST), creating a unified tax structure across the
country and addressing economic challenges.
8. Independent Judiciary: The judiciary in India is independent and has the power of judicial review.
This ensures that the laws passed by the legislature and actions of the executive conform with the
Constitution.
9. Emergency Provisions: The Constitution includes provisions for declaring a state of emergency during
grave situations, ensuring that the democratic fabric is protected even in times of crisis. Ex: Article 356
been invoked in case of hung assembly in Maharashtra in 2019-20 to avoid horse- trading of MLAs

INCORPORATING THE ASPIRATIONS OF THE CITIZENS:

Unique Feature How It Incorporates Aspirations Relevant Articles & Examples

1. Length and Detailed Inclusiveness: Ensures diverse Detailed provisions for Union, State, and
aspects of governance and rights are Concurrent lists in the VIIth Schedule.
covered, reflecting varied aspirations.
2. Blend of Rigidity and Adaptability: Allows the Constitution Under Article 368 amendment can be done
Flexibility to evolve with societal changes, through simple, special majority and special
meeting citizens’ needs over time. majority with ratification by half of the states;

Ex: 73rd and 74th Amendments introducing

Panchayati Raj and Municipalities.
3. Federal Structure with Balance of Power: A d d r e s s e s Articles 245-263: Distribution of legislative
a Unitary Bias both national interests and regional powers;
aspirations, allowing states autonomy
GST Council under Article 279A.
while maintaining national unity.
4. Parliamentary System Ensures governance is responsive to Articles 74-75: Council of Ministers headed
the will of the people through elected by the Prime Minister
representatives.
5. Secular State Religious Freedom: P r o m o t e s Article 25-28: Freedom of religion;
harmony and respect among diverse
Ban on untouchability under Article 17.
religious communities by ensuring
equal treatment of all religions.
6. Fundamental Rights Protection of Individual Freedoms: Right to Education under Article 21A.
and Duties Safeguards citizens’ freedoms and Article 51A(c),(e) calling upon to to uphold
rights, ensuring equality, dignity, and protect the sovereignty, unity and
and justice. Sense of Responsibility: integrity of India and promote harmony and
Encourages positive contributions to the spirit of common brotherhood amongst
society. all the people of India
7. Directive Principles of Guides policies aimed at socio- Article 39(d): there is equal pay for equal
State Policy e c o n o m i c w e l f a r e , r e f l e c t i n g work for both men and women;
aspirations for a just and equitable
Article 48A. The State shall endeavour to
society.
protect and improve the environment and
to safeguard the forests and wild life of the
country.
8. Independent and Ensures fair interpretation and J u d i c i a l r e v i e w u n d e r A r t i c l e 1 3 .
Integrated Judiciary application of laws, protecting rights Power of Supreme Court under Articles
and ensuring justice. 124-147
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Unique Feature How It Incorporates Aspirations Relevant Articles & Examples

9. Universal Adult Grants voting rights to all adults, Right to vote for citizens aged 18 and
Franchise ensuring inclusive and representative above extended under 61st constitutional
governance under Article 326 amendment, 1988

10. Single Citizenship Ensures equal rights and privileges Article 5-11: Citizenship
across the country, promoting national
unity and integration

11. Special Provisions for Recognizes and respects unique Schedule V and VI states granted special
Certain States regional contexts & autonomy, status to cater to needs of tribal population.
addressing local aspirations within Article 371C applies to Manipur and
the national framework. provides for the constitution of a committee
of legislators from the Hill Areas of Manipur.

12. Emergency Provisions Ensures effective response to crises, National emergency during the 1962 war
maintaining stability and National with China.
Security and Integrity

In a world where nations, big and small, are breaking into micro-entities, often with disastrous
consequences, India has demonstrated its inherent resilience. This strength comes from its composite
culture and the well-thought-out Constitutional framework that has made India a truly vibrant democracy.

4. The preamble is called the “identity card of the constitution”. In this light discuss the purpose and significance
of the preamble. Also, discuss the significant verdicts that settled the debate on the status of the preamble.
The Preamble of the Indian Constitution serves as a concise introductory statement that outlines the
purpose, principles, and philosophy guiding the Constitution of India.
N A Palkhivala, an eminent jurist and constitutional expert, called the Preamble as the ‘identity card of the
Constitution as it mentions following:
1. Origin of the Constitution: The authority of the Constitution originates from “We the people,” highlighting
that the people are the foundation of its establishment.
2. Nature of the Indian State: The preamble declares India as a sovereign, socialist, secular, and
democratic republic, reflecting the fundamental characteristics of the nation.
• State Objectives: The preamble aims to secure justice, liberty, equality, and fraternity for all citizens,
emphasizing the importance of promoting unity and integrity within the nation.
• Adoption Date: The preamble mentions the adoption date of the Constitution, November 26, 1949,
further adding to its significance as an “Identity card.”
• The purpose of the Preamble is to provide clarity regarding the framers of the Constitution, the
source of authority, the desired nature of the polity, and the goals and objectives it aims to achieve.

PURPOSE OF THE PREAMBLE

The Preamble serves as the introduction to the Constitution, outlining its fundamental purposes and
guiding principles. It reflects the vision, values, and aspirations of the framers of the Constitution. The key
purposes of the Preamble include:
1. Declaration of Sovereignty: It declares that the power and authority of the government come from the
people of India.
2. Statement of Objectives: It sets forth the objectives of the Constitution - Justice, Liberty, Equality, and
Fraternity.
3. Description of the State: It describes India as a Sovereign, Socialist, Secular, Democratic, Republic.
4. Guiding Principles: It provides a guiding light for the interpretation and implementation of the
Constitution.
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THE PREAMBLE HOLDS GREAT SIGNIFICANCE AS IT:

1. Reflects Ideals and Aspirations: It embodies the ideals and aspirations of the nation, serving as a
constant reminder of the goals the country strives to achieve such as such as justice, liberty, equality,
and fraternity for its people.
2. Source of Interpretation: Courts often refer to the Preamble to understand the intentions of the framers
and interpret various provisions of the Constitution.
3. Basic Structure Doctrine: It highlights the basic structure of the Constitution, which cannot be altered
by amendments.
4. Foundation of Policies: It serves as the foundation for all governmental policies and legislative actions,
ensuring they align with the core values of justice, liberty, equality, and fraternity.
5. Promotion of Indian values and philosophy: The preamble embodies the foundational philosophy and
core values that underpin the Constitution, reflecting the aspirations of the framers.
6. Highlights the source of authority: It highlights that the authority of the Constitution is derived from the
people of India, as stated in its opening words.
7. Nature of the State: By defining India as a sovereign, socialist, secular, republic, and democratic
polity, the preamble establishes the fundamental characteristics of the Indian state.
8. Guiding Role & principles : In the Kesavananda Bharati Case, the Supreme Court acknowledged the
significant role of the preamble in interpreting statutes and constitutional provisions.

REGARDING THE STATUS OF THE PREAMBLE:

• Berubari Union Case 1960: The Court expressed that the “Preamble” provides insights into the framers’
intentions but cannot be considered an enforceable part of the Constitution.
• Kesavananda Bharati Case 1973: The Court determined that the Preamble is an integral part of the
Constitution but does not hold supreme power or serve as the source of any restriction or prohibition.
• LIC of India 1995: The Supreme Court reiterated that the Preamble is an inseparable component of the
Constitution but does not have direct enforceability in a court of law.
The Preamble, integral to the Constitution, encapsulates India’s core values and principles, guiding
judicial interpretation and legislative actions, and is upheld as part of the Constitution’s unalterable basic
structure.
5. Define socialism and secularism. Are they integral aspects of the Constitution? What is the debate around their
inclusion in the Constitution?
The 42nd Amendment, 1976 added the words ‘socialist and secular’ to the Preamble of the Indian
Constitution by making India a ‘sovereign, socialist, secular, democratic, republic’.

SOCIALISM
In the Indian context, socialism means striving for social and economic equality within society. It
emphasizes reducing income disparities, eliminating exploitation, and ensuring fair distribution of
resources. The state is tasked with promoting the welfare of all citizens, aiming for a society where wealth
and opportunities are equitably distributed.
India adapted for a democratic socialistic model wherein socialist principles are blended with democratic
values, aiming for social and economic equality through democratic means. It seeks to distribute wealth
and resources fairly while upholding individual freedoms and democratic processes.
• Key Aspects:
• Economic Justice: Fair distribution of wealth and resources.
• Social Welfare: Programs for the welfare of marginalized groups.
• Democratic Means: Achieving goals through democratic processes.
• Example: Articles 38, 39 guide the state to promote the welfare of the people by securing a social
order in which justice, social, economic, and political, shall inform all the institutions of national life.
• Programs like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and
various social welfare schemes reflect this commitment.
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SECULARISM
Secularism in the Indian Constitution ensures that the state has no official religion and treats all religions
equally. It guarantees that citizens can freely practice, profess, and propagate any religion without facing
discrimination. This principle promotes religious tolerance and harmony, ensuring that the state does not
favor or discriminate against any religion.
This principle promotes religious tolerance and harmony, ensuring that the state does not favor or
discriminate against any religion.
• Example: Articles 25-28 guarantee freedom of religion, including the right to freely profess, practice,
and propagate religion. The Constitution prohibits any religious instruction in state-funded educational
institutions and ensures equal treatment of all religions by the state.
• The ban on untouchability under Article 17 and the protection of minority rights reflect India’s
commitment to secularism.

SOCIALISM AND SECULARISM ARE INTEGRAL ASPECTS OF THE CONSTITUTION:

• Even before their inclusion through 42nd amendment, 1976 Indian Constitution had features outlining
both the features and spirit of these two.
• Example:
• Article 39(a) under Directive Principles incorporated right to an adequate means of livelihood to all
citizen irrespective of gender.
• Article 25-28 provided for equality in terms of outloook towards religion by state.
• Supreme Court added that secularism was a basic feature of the Constitution.
• Various other SC Judgement which recognised their inclusion:
Socialism Secularism
Minerva Mills Ltd. v. Union of India (1980) : The S.R. Bommai v. Union of India (1994): The Supreme
Supreme Court held that social and economic justice is Court declared secularism as a part of the basic structure
a part of the basic structure of the Constitution. The court of the Constitution. It held that the state must ensure that
emphasized the importance of Directive Principles in no religion is given preferential treatment, and all are
promoting social welfare and economic democracy. treated equally.
Excel Wear v. Union of India (1978): The Supreme Court Bijoe Emmanuel v. State of Kerala (1986) : The
recognized the state’s power to impose restrictions on the Supreme Court upheld the right of Jehovah’s Witnesses
right to close a business in the interest of social welfare to not sing the national anthem on the grounds of their
and economic justice. religious beliefs, affirming the freedom of religion and
conscience under Article 25.
Ashoka Kumar Thakur v. Union of India (2008) The Indian Young Lawyers Association v. State of Kerala
Supreme Court upheld the constitutionality of reservations (2018): The Supreme Court ruled that the exclusion
for Other Backward Classes (OBCs) in educational of women of menstruating age from the Sabarimala
institutions, emphasizing the state’s role in promoting social temple was unconstitutional, reinforcing the principle of
justice and reducing inequalities, which are key aspects secularism by ensuring religious practices do not violate
of socialism fundamental rights.
• Discarding socialism from the Constitution would provide the government the excuse to dismantle the
rather weak social protection the government offers to the poorest.
• Dropping secularism would permit the government to introduce all sorts of mythical and religious
concepts into education—in history and science, but elsewhere too, which would only produce an
intellectually stunted generation in future.
• This would also cause a deviation from development of the scientific temper, humanism and the spirit
of inquiry and reform as incorporated in Fundamental Duties
• The Supreme Court has ruled in (Bal Patil and Anr. v. Union of India) that the State has no religion and
the State has to treat all religions and religious people equally and with equal respect without in any
manner interfering with their Individual rights of religion, faith and worship.
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DEBATE AROUND THEIR INCLUSION:

• The Indian Constitution does not define the words ‘socialism and secularism’ which may lead to
different interpretations of these words.
• Both of these words were inserted during the peak of internal emergency years via 42nd amendment,
1976 raising questions on the legitmacy of such an inclusion.
• Since the term ‘secular’ was not incorporated in the original preamble drafted by the Constituent
Assembly suggests that India was not a secular Country but was made by way of amendment.
• However, Indian Constitution and Indian Society have always been Secular and it is conspicuous in
Article 25 till Article 30.
• In the Constituent Assembly debate, Dr. B.R. Ambedkar had clearly stated the reasons why the words
should not be included in the Preamble.
• According to him, the word ‘socialist’ is against the very grain of democracy to decide in the Constitution
what kind of society the people of India should live in.
• He also said that there was no need to include the word ‘secular’ as the entire Constitution embodied
the concept of secular state, which meant non-discrimination on grounds of religion and equal rights
and status to all citizens.
• The basic structure doctrine already contained within it the principles of secularism and socialism.
• Under Article 39(b) and Article 39(c) of the Directive Principles of State Policy, it is already mentioned
however incorporating it in the Preamble is a mere declaration of the provision already incorporated.
Conclusion: Socialism and Secularism are sacrosanct features of Indian society; though these got a late
mention in the Indian Constitution but they have been mentors of our constitution makers since always.

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 AIM – 2025 POLITY
WEEK 1 DAY 2 ASSIGNMENT QUESTIONS GUIDELINES
1. Why is Article 21 often referred to as the heart and bedrock of the Constitution? How has
the ambit of Article 21 expanded over the years through judicial precedents?

Approach for Question 1

Discuss Article 21 as fundamental to protecting life and personal liberty, forming the
bedrock of constitutional rights. Explain its expansion through judicial interpretations to
include rights to privacy, dignity, clean environment, and fair trial, shaping contemporary
legal discourse on human rights and social justice. (Source-Laxmikant)

2. What is ‘due process of law’ and how is it different from ‘procedure established by law’?
How has the concept of due process in India transitioned from a strict adherence to
procedure established by law to a broader interpretation that emphasizes justice, fairness,
and reasonableness?

Approach for Question 2

Explain 'due process of law' as ensuring justice, fairness, and reasonableness in legal
proceedings, unlike 'procedure established by law' which focuses on legality alone. Trace
India's transition from a narrow to a expansive interpretation of due process, integrating
substantive rights and ensuring procedural fairness through landmark judicial interpretations
such as Maneka Gandhi v. Union of India, 1978.(Source- Laxmikant)

3. What do you mean by the Right to freedom of speech and expression? What is the need for
protection of freedom of speech in India? Also, discuss the judicial safeguards to Freedom
of speech and expression in India.

Approach for Question 3

Define freedom of speech and expression as fundamental rights to articulate opinions and
ideas without censorship. Discuss its importance in fostering democracy, facilitating public
debate, and holding authorities accountable. Highlight cases such as State of Uttar Pradesh
 v. Raj Narain, Secretary, Ministry of Information and Broadcasting, Govt. of India v.
Cricket Association of Bengal.
For More Information-https://articles.manupatra.com/article-details/A-Bird-s-Eye-View-of-
the-Right-to-Freedom-of-Speech-and-Expression-in-India

4. Why is Article 32 referred to as the heart and soul of the Constitution? Describe the
different kinds of writs that can be issued by the Supreme Court.

Approach for Question 4

Article 32 is pivotal as it grants citizens the right to directly approach the Supreme Court for
enforcement of fundamental rights, making it the Constitution's cornerstone. The Supreme
Court can issue writs like Habeas Corpus for unlawful detention, Mandamus for duty
performance, Prohibition for jurisdiction limits, Certiorari for lower court case transfers, and
Quo Warranto for public office validity checks, ensuring constitutional protection and
judicial oversight.( Source- Laxmikant)

5. The fundamental rights are the bedrock of individual liberty but lack a consistent
philosophy. Discuss. How reasonable are the reasonable restrictions attached to various
fundamental rights?

Approach for Question 5

Discuss fundamental rights as diverse protections without a unified theory, reflecting

varying historical contexts and judicial interpretations. Evaluate the reasonableness of
restrictions like public order, morality, and security, examining their balance between
individual rights and societal interests through judicial scrutiny and evolving constitutional
interpretations. (Source-Laxmikant)

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