The Law and Justice Research Foundation (LJRF), through its Centre for Constitutional Literacy, successfully conducted the Essay Writing Competition 2026 with the objective of promoting constitutional awareness, legal research, and academic writing among students and legal enthusiasts across India. The competition was organised around the theme, “The Social Significance of India’s Constitution,” encouraging participants to critically engage with the philosophy, evolution, and contemporary relevance of the Constitution of India.
Ms. Mini Sebastian won the first prize in the Essay Writing Competition 2026.
ABOUT THE AUTHOR
The author of this article is Mini Sebastian, Law Student, Government law college Thrissur.
According to Hood and Phillips, “Constitution is a system of laws defining the composition of various organs of the government their relations inter-se and their relations with private individuals.”1
WHAT IS CONSTITUTIONAL LAW?
There is no hard and fast definition of Constitutional Law. In the generally accepted use of the term, it means the rule which regulates the structure of the principal organs of the Government and their relationship to one another, and determines their principal functions. The rules consist both of legal rules in the strict sense and of usages, commonly called conventions, which without being enacted are accepted as binding by all who are concerned in the Government.
Many of the rules and practices under which our system of Government is worked are not part of the law in the sense that their violation may lead directly to proceedings in a court of law. Though the constitutional lawyer is concerned primarily with the legal aspects of the Government, there is required for a constitutional lawyer some knowledge of the salient features of constitutional history and of the workings of our political institution.2
THE CONSTITUTION OF INDIA
According to the traditional classification followed by the political scientists, Constitutions are either unitary or federal. In a unitary Constitution, the powers of the Government are centralized in one government viz, the Central Government. The provinces are subordinate to the Central Government. In a federal constitution, on the other hand, there is a division of powers between the Federal and the State Governments and both are independent in their own spheres.
There is a difference of opinion amongst the constitutional jurists about the nature of the Indian Constitution. One view is that it is a quasi-federal constitution and contains more unitary features than federal. The other view is that it is a federal constitution with a novel feature adopting itself to national emergencies. The view of the framers of the Constitution is that the Indian Constitution is a Federal Constitution. Dr. Ambedkar, the Chairman of the Drafting Committee, observed thus, “I think it is agreed that our Constitution notwithstanding the many provisions which are contained in it whereby the Centre has been given powers to override the provinces (States) nonetheless, is a Federal Constitution”.3
THE LENGTHIEST CONSTITUTION IN THE WORLD
The Indian Constitution is the lengthiest and the most detailed of all the written Constitutions of the world. While the Constitution 128 Articles, the Canadian Constitution 147 Articles, the Indian American Constitution originally consisted of only 7 Articles, the Australian Constitution originally consisted of 395 Articles divided into 22 Parts and 8 Schedules The last numbered Article is 395 and there are 22 Parts and 12 Schedules in the been omitted from the Constitution.
ESTABLISHMENT OF A SOVEREIGN, SOCIALIST, SECULAR DEMOCRATIC REPUBLIC.
The Preamble of the Constitution declares India to be a Sovereign. Socialist. Secular. Democratic Republic.
The word ‘Sovereign’ emphasizes that India is no more dependent upon any outside authority. It means that both internally and externally India is sovereign.
The term ‘Socialist was inserted in the Preamble by the Constitution 42m Amendment Act, 1976. This concept was already implicit in the Constitution. The amendment merely spells out clearly this concept in the Preamble.
The word ‘Socialism’ is used in democratic as well as socialistic Constitutions. It has no definite meaning general however, the word means some form of ownership of the means of product is and distribution by the State. The degree of State control will determine whether it is democratic State or socialistic State. India has, however, chosen its own brand socialism.
The term ‘Secularism’ means a State which has no religion of its own as recognized religion of State. It treats all religions equally. In a secular State the State regulates the relation between man and man. It is not concerned with the relation of man with God.
The term ‘democratic’ indicates that the Constitution has established a form of Government which gets its authority from the will of the people. The rulers are elected by the people and are responsible to them.
Justice, Liberty, Equality and Fraternity which are essential characteristics of a democracy are declared in the Preamble of the Constitution as the very objectives of the Constitution. The Preamble to the Constitution declares that the Constitution of India is adopted and enacted by the people of India and they are the ultimate master of the Republic. Thus, the real power is in hands of the people of India, both in the Union and in the States.
The term ‘Republic’ signifies that there shall be an elected head of the State who will be the chief executive head – The President of India. Unlike the British King, is not a hereditary monarch but an elected person chosen for a limited period. It is an essential ingredient of a Republic.
The Preamble to an Act sets out the main objectives which the legislation is amended to achieve. It is a sort of introduction to the statute and many a times very helpful to understand the policy and legislative intent. It expresses “what we had thought or dreamt for so long”.
In re Berubari case, the Supreme Court has said that the Preamble to the Constitution is a key to open the mind of the makers, and shows the general purpose for which they made the several provisions in the Constitution.
The Preamble declares:
The Preamble is the key to open the mind of the makers. But it does not mean that the Preamble can override the express provisions of the Act. In Berubari case the Supreme Court held that the Preamble was not a part of the Constitution and therefore it could never be regarded as a source of any substantive powers. Such powers are expressly granted in the body of Constitution. What is true about the powers is equally true about the prohibitions. It has limited application and can be resorted to where there is any ambiguity in the statute.
If the terms used in the Constitution are ambiguous or capable of two meanings interpreting them Origin and development of Fundamental Rights-Part III of the Constitution, calling list of fundamental rights. This Chapter of the Constitutions of India very well been described as the Magna Carta of India.
As early as 1215, the English people exacted an assurance from King John for respect of the then ancient liberties. The Magna Carts is the evidence of their success which is a written document. This is the first written document relating to the fundamental rights of citizens. Thereafter, from time to time the King had to accede to many rights to his subjects.
In 1689, Bill of Rights was written consolidating all important rights and liberties of the English people. In France, Declaration of Rights of Man and the Citizen (1789) declared the natural, inalienable and sacred rights of Man. Following the spirit of the Magna Caria of the British and the Declaration of the Rights of Man and the Citizen of France, the Americans incorporated the Bill of Rights in their Constitution. The Americans were first to give Bill of Rights a constitutional status. Thus, when the Constitution of India was being framed, the background for the incorporation of Bill of Rights was already present. The framers took inspiration from this and incorporated a full Chapter in the Constitution dealing with fundamental rights.
The Chapter of fundamental rights in the Indian Constitution is the most elaborate and comprehensive set of basic rights. The inclusion of a Chapter of Fundamental Rights in the Constitution of India is in accordance with the trend of modern democratic thought, the idea being to preserve that which is an indispensable condition of a free society. The aim of having a declaration of fundamental rights is that certain elementary rights, such as, right to life, liberty, freedom of speech, freedom of faith and so on, should be regarded as inviolable under all conditions and that the shifting majority in Legislature of the country should not have a free hand in interfering with these fundamental rights.
In West Virginia State Board of Education v. Barnet Jackson, J, explaining the nature and the purpose of the Bill of Rights observed: “The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the Courts. One’s right to life, liberty and property, to free speech, a free press, freedom of worship and assembly and other fundamental rights may not be submitted to vote, they depend on the outcome of no elections.
CLASSIFICATION OF FUNDAMENTAL RIGHTS.
The fundamental rights as incorporated in the Indian Constitution can be classified under the following six groups :
(a) Right to equality (Articles 14-18),
(b) Right to freedom (Articles 19-22),
(c) Right against exploitation (Articles 23-24),
(d) Right to freedom of religion (Articles 25-28),
(e) Cultural and educational rights (Articles 29-30),
(f) Right to constitutional remedies (Articles 32-35).
The 44th Amendment has abolished the right to property as a fundamental right guaranteed by Article 19(1)(f) and Article 31 of the Constitution, and hence Article 19(1)(f) and Article 31 has been omitted. Protection of Fundamental Rights available to citizens and non-citizens Citizens of India are entitled to the protection of all fundamental rights but there are some fundamental rights, the protection of which is available to citizens and non-citizens both Such the fundamental rights the protection of which is available to citizens and non-citizens both are as follows:
1. Equality before law (Article 14);
2. Protection in respect of conviction for offences (Article 20):
3. Protection of life and personal liberty (Article 21);
4. Right to education (Article 21-A):
5. Protection against arrest and detention in certain cases (Article 22) Prohibition of traffic in human beings and forced labour (Article 23);
6. Prohibition of employment of children in factories, etc. (Article 24);
7. Freedom of conscience and free profession, practice and propagation of religion (Article 25);
8. Freedom to manage religious affairs (Article 26);
9. Freedom as to payment of taxes for promotion of any particular religion (Article 27);
10. Freedom as to attendance at religious instruction or religious worship in certain educational institutions (Article 28):
11. Right of minorities to establish and administer educational institutions (Article 30) and
12. Right to remedies for enforcement of fundamental rights (Article 32).
The Indian Constitution stands as a testament to the nation’s democratic ideals and aspirations. Its meticulous crafting, rooted in historical struggles and visionary principles, continues to guide India’s journey towards a more just, inclusive, and prosperous society. The Indian Constitution stands as a testament to upholding its values, fostering unity amidst diversity, and safeguarding the rights and liberties of every citizen, thus ensuring a brighter future for generations to come.
