B.A. LL.B. (Five Years) Sem 3 Constitutional Law I 2023 Mar (70 marks) Question Paper with Solutions

The sources of the Constitution

The word "sources" has two meanings here. The first is the source of its authority. The second is the material from which its provisions were drawn.

1. The source of authority: the people. The Preamble opens with "We, the people of India" and ends by saying that the people "adopt, enact and give to ourselves this Constitution". So the Constitution rests on the will of the people, expressed through the Constituent Assembly. It was not a gift of the British Parliament. That is why the Supreme Court treats the Constitution, and not Parliament, as supreme.

2. The Government of India Act 1935. This was the largest single source. A large part of the administrative scheme was taken from it. Examples are:

• the federal scheme and the three lists dividing legislative power;
• the office of the Governor;
• the Federal Court, which became the model for the Supreme Court;
• the public service commissions;
• the emergency provisions.

8. Other sources. The suspension of fundamental rights during an emergency drew on the Weimar Constitution of Germany. The ideals of liberty, equality and fraternity in the Preamble echo the French Revolution. The fundamental duties, added in 1976, were inspired by the Constitution of the former Soviet Union.

The framers did not copy blindly. They adapted each borrowed idea to Indian conditions. The result is a Constitution with its own character.

Important features of the Constitution

1. A written and detailed Constitution. It is one of the longest written constitutions in the world. It deals not only with the Union but also with the States, services, elections and emergencies.

2. Partly rigid and partly flexible. Article 368 lays down the procedure of amendment. Some parts can be changed by a simple majority. Most need a special majority. Some also need ratification by half the States. So it is neither wholly rigid nor wholly flexible.

7. A secular State. The State has no religion of its own. It treats all religions equally (articles 25 to 28). S.R. Bommai held secularism to be part of the basic structure.

8. Universal adult franchise. Every citizen aged eighteen or over may vote (article 326). No property or education test is applied.

9. Single citizenship. There is one citizenship for the whole of India. There is no separate State citizenship.

10. An independent judiciary and judicial review. The Supreme Court and the High Courts may strike down laws and actions that violate the Constitution.

11. Emergency provisions. Articles 352, 356 and 360 allow the Centre to meet a national, State or financial emergency. During an emergency the federal system can work like a unitary one.

12. The basic structure. In Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, the Court held that Parliament may amend any part of the Constitution. But it cannot destroy its basic structure.

Summary table

Conclusion. The Constitution draws its authority from the people of India. Much of its material came from the Government of India Act 1935 and from the constitutions of Britain, the United States, Ireland, Canada and Australia. The framers adapted what they borrowed. Its important features include a written and detailed text, a federal system with a strong Centre and parliamentary government. It also has fundamental rights, directive principles, secularism, adult franchise and an independent judiciary. Since Kesavananda Bharati (1973), its basic structure is beyond the reach of amendment.