Constitutional Laws

Step 1: Recall constitutional provisions for review and leave.
- Article 137 → Complete Justice
- Article 131 → Special Leave Petition
- Article 142 → Review of the Judgments
- Article 136 → Original Jurisdiction

Step 1: Analyze the constitutional provisions.
- Free and compulsory education comes under the Right to Education Act.
- Special provisions for women and children are in the DPSP (Directive Principles of State Policy).
- Prohibition of child employment is in the Fundamental Rights (Article 24).
- Instruction in mother-tongue at the primary level is also a part of the DPSP.

Step 1: Recall the order of articles.
- The power to modify Fundamental Rights is discussed in Article 368.
- Remedies for enforcement are available under Articles 32 and 226.
- Freedom to manage religious affairs is under Article 26.
- Abolition of Titles is covered under Article 18.

Step 1: Review the order of sources of International law.
- According to Article 38(1), International law includes treaties, international customs, general principles of law, and judicial decisions in the mentioned order.

Step 1: Understand jurisdiction of civil courts.
- Statutes ousting civil court jurisdiction should be interpreted strictly to prevent unjust restriction of access to courts.

Step 1: Review each statement.
- (A) False: President is a de jure executive.
- (B) True: Prime Minister and the Council of Ministers are de facto executors of government policy.
- (C) True: The Council of Ministers is responsible to the Lok Sabha.
- (D) False: Council of Ministers is subject to judicial review.

Concept: The phrase "Heart and Soul of the Constitution" was used by Dr.\ B.R.\ Ambedkar to describe a particular Article that ensures the protection and enforcement of Fundamental Rights. This Article gives citizens the power to directly approach the Supreme Court for the enforcement of their rights.
Step 1: Understanding the importance of Article 32.
Article 32 provides the right to constitutional remedies, allowing individuals to move the Supreme Court if their Fundamental Rights are violated.
Step 2: Why it is called the "Heart and Soul".
Dr.\ B.R.\ Ambedkar stated that Article 32 is the "Heart and Soul" of the Constitution because it guarantees the enforcement of Fundamental Rights. Without this provision, the rights would be meaningless.
Step 3: Eliminating other options.

• Article 14: Right to Equality
• Article 19: Freedom Rights
• Article 21: Right to Life and Personal Liberty

Although important, these do not provide enforcement mechanisms like Article 32.

Concept: Fundamental Rights are essential for ensuring the dignity, freedom, and liberty of individuals. Among them, Article 21 is one of the most important provisions in the Indian Constitution.
Step 1: Understanding Article 21.
Article 21 states: \textit{``No person shall be deprived of his life or personal liberty except according to procedure established by law.''}
Step 2: Scope and interpretation.
The Supreme Court has interpreted Article 21 broadly to include various rights such as:

• Right to live with dignity
• Right to privacy
• Right to clean environment
• Right to education (before Article 21A)

Step 3: Importance of Article 21.
It acts as a safeguard against arbitrary actions of the State and ensures protection of individual liberty.
Step 4: Eliminating other options.

• Article 19: Freedom of speech and other freedoms
• Article 20: Protection in respect of conviction for offences
• Article 22: Protection against arrest and detention

Step 5: Conclusion.
Thus, Article 21 specifically deals with the protection of life and personal liberty.

Concept: The Preamble of the Constitution of India reflects the ideals and objectives of the Constitution. Although it is not enforceable in a court of law, it serves as a guiding principle for interpretation. The Preamble has been amended only once since the commencement of the Constitution.
Step 1: Understanding the nature of the Preamble.
The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic and secures justice, liberty, equality, and fraternity to all its citizens.
Step 2: Identifying the amendment.
The 42nd Constitutional Amendment Act, 1976, also known as the ``Mini Constitution,'' made significant changes to the Preamble.
Step 3: Changes introduced.
This amendment inserted the words:

• ``Socialist''
• ``Secular''
• ``Integrity'' (in the phrase ``unity and integrity of the Nation'')

Step 4: Eliminating other options.

• 44th Amendment: Focused on restoring civil liberties post-Emergency
• 24th Amendment: Related to Parliament’s power to amend Fundamental Rights
• 86th Amendment: Introduced Right to Education (Article 21A)

Step 5: Conclusion.
Thus, the Preamble was amended only once by the 42nd Constitutional Amendment Act, 1976.

Concept: The Constitution of India provides remedies for the enforcement of Fundamental Rights through the issuance of writs by higher courts.
Step 1: Understanding Article 32.
Article 32 empowers the Supreme Court to issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto for the enforcement of Fundamental Rights.
Step 2: Importance of Article 32.
It is itself a Fundamental Right and ensures that individuals can directly approach the Supreme Court in case of violation of their rights.
Step 3: Eliminating other options.

• Article 226: Power of High Courts to issue writs
• Article 136: Special Leave Petition
• Article 142: Complete justice provision

Concept: The Doctrine of Basic Structure is a principle in constitutional law which states that the Parliament cannot amend the basic structure or essential features of the Constitution.
Step 1: Understanding the doctrine.
This doctrine limits the amending power of Parliament under Article 368, ensuring that the core values of the Constitution remain intact.
Step 2: Identifying the landmark case.
The doctrine was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973).
Step 3: Eliminating other options.

• Golaknath v. State of Punjab: Held that Fundamental Rights cannot be amended (later modified)
• Minerva Mills v. Union of India: Strengthened the Basic Structure doctrine
• Shankari Prasad v. Union of India: Earlier view allowing amendment of Fundamental Rights