SWAYAM BATCH 2026 DEMO CLASS
LEGAL REASONING - Constitutional Law TOPIC- Salient Features (#223)

PASSAGE 1 

The Constitution of India, adopted on 26th November 1949 and enforced on 26th January 1950, is the supreme law of the land. It establishes the framework of governance and outlines the fundamental rights, duties, and directive principles. The Indian Constitution is unique due to its length, flexibility, and a blend of various governance models.

One of the most significant features is its federal structure with a unitary bias. While India is a federal state with a division of powers between the Union and the States, provisions such as Article 356 (President’s Rule) and Article 249 (Parliament’s power to legislate on State subjects) showcase a strong unitary tilt during emergencies or national interests.

Another key aspect is the fundamental rights, enshrined in Part III (Articles 12-35), ensuring the protection of individual liberties against state action. However, these rights are subject to reasonable restrictions. Landmark cases such as Kesavananda Bharati v. State of Kerala (1973) upheld the doctrine of the Basic Structure, ensuring that the core principles of the Constitution, including judicial independence and secularism, cannot be altered by constitutional amendments.

Additionally, the Constitution incorporates Directive Principles of State Policy (DPSPs) under Part IV, inspired by the Irish Constitution. Though non-justiciable, they serve as guiding principles for the government to create policies ensuring social and economic justice. The interplay between Fundamental Rights and DPSPs has often led to judicial conflicts, as seen in Minerva Mills v. Union of India (1980), where the Supreme Court ruled that neither can be given absolute priority over the other.

The Parliamentary system of governance, inspired by the British model, ensures collective responsibility of the Council of Ministers to the Lok Sabha. The bicameral legislature, consisting of Rajya Sabha (Upper House) and Lok Sabha (Lower House), provides checks and balances. However, India also integrates features from the US system, such as a written Constitution, federalism, and judicial review.

Another defining aspect is Secularism, meaning the state remains neutral in religious matters while ensuring the right to freedom of religion (Articles 25-28). This feature has been reinforced in multiple rulings, including S.R. Bommai v. Union of India (1994), where the Supreme Court held that secularism is part of the Basic Structure of the Constitution.

Finally, the independent judiciary and integrated judicial system play a crucial role in upholding the rule of law. The Supreme Court, under Article 32, acts as the guardian of fundamental rights, while High Courts under Article 226 can issue writs even against private bodies when fundamental rights are violated.

These features make the Indian Constitution dynamic, adaptable, and resilient to socio-political changes, ensuring democracy, sovereignty, and justice for all citizens.

Q1.Which of the following statements best describes the federal nature of the Indian Constitution?

Q2.The Kesavananda Bharati case (1973) is significant in Indian constitutional law because:

Q3. During a financial crisis, the Parliament of India passes a law imposing additional restrictions on trade and commerce, directly affecting businesses in various states. Several state governments challenge this law, arguing that trade and commerce are state subjects. The Supreme Court, however, upholds the law. Which of the following constitutional provisions might justify the Court’s decision?

Q4. The Parliament of India enacts a law that grants absolute immunity to government officials from being prosecuted for actions taken during the discharge of their official duties. Several citizens challenge this law, arguing that it violates their fundamental rights. The Supreme Court, in its judgment, strikes down the law as unconstitutional. Which constitutional doctrine is most relevant in this scenario?

Q5. A private social media platform operating in India implements a policy requiring users to provide their Aadhaar details before accessing its services. Several users challenge this policy in the Supreme Court, claiming that it violates their fundamental rights. The Court rules that the policy is unconstitutional. Which of the following was the most likely reasoning of the Court?

Q6. The Indian Constitution provides for a Parliamentary System of Government. Which of the following features supports this system?

 

Q7. The doctrine of Judicial Review allows the Supreme Court and High Courts to review laws and executive actions. Which of the following statements is not correct about judicial review in India?

Q8. Parliament passes a constitutional amendment under Article 368, restricting the powers of the Supreme Court and High Courts to review laws enacted by the legislature. The amendment states that any law passed by Parliament shall not be subject to judicial review, even if it violates fundamental rights. A group of citizens challenges the amendment, arguing that it violates the Basic Structure of the Constitution.

Based on established legal principles, what is the most appropriate outcome?

Q9 The government of State X passes a law imposing a complete ban on the sale of agricultural land to non-farmers, aiming to prevent large corporations from acquiring farmland. A group of urban investors challenges the law, arguing that it violates their right to equality under Article 14 and the right to property under Article 300A. The High Court upholds the law, stating that it is a policy decision and does not warrant judicial interference. The investors appeal to the Supreme Court, claiming the law is unconstitutional.

Which of the following is the most appropriate ruling?