State TET – General Awareness & Current Affairs
Topic: Constitution
Target audience: Candidates preparing for the State Teacher Eligibility Test (TET).
Focus: Basic constitutional concepts, structure, rights, duties, and recent developments.
1. Simple Explanation
The Constitution is the supreme law of a country. It is a written framework that defines the structure, powers, and functions of the government, guarantees fundamental rights and duties to citizens, and provides a mechanism to resolve disputes. In India, the Constitution is a living document that can be amended but retains a basic structure that cannot be altered.
2. Key Points
| # | Concept | Description |
|---|---|---|
| 1 | Definition | A set of fundamental principles and established precedents that govern a state. |
| 2 | Features of Indian Constitution | • Written – codified in a single document. • Supreme – supreme law; all other laws must conform. • Democratic – based on the will of the people and representative institutions. • Federal – power divided between Centre and States. • Separation of Powers – Executive, Legislature, Judiciary. • Basic Structure Doctrine – protects core features (e.g., democracy, secularism). |
| 3 | Making of Constitution | • Constituent Assembly (1946‑50). • Drafting Committee (24 members). • Madhya Pradesh Draft (1947). • Adoption – 26th November 1949, became effective 26‑01‑1950. |
| 4 | Amendment Process | • Simple majority in both Houses for most amendments. • Special majority (2/3 of members present + majority of total membership) for amendments affecting federal balance, fundamental rights, basic structure. • Supreme Court review possible under Article 143. |
| 5 | Basic Structure Doctrine | Established in Kesavananda Bharati v. State of Kerala (1973). Core elements: democracy, secularism, federalism, separation of powers, fundamental rights, rule of law. |
| 6 | Fundamental Rights (Part III) | • Article 14 – Equality before law. • Article 15 – Equality in public duties. • Article 19 – Freedom of speech, assembly, etc. • Article 21 – Right to life and personal liberty. • Article 32 – Remedies by courts. |
| 7 | Fundamental Duties (Part IV-A) | 11 duties (e.g., respect constitution, cherish culture, protect environment). |
| 8 | Directive Principles of State Policy (Part IV) | Non‑justiciable guidelines for government to promote welfare, e.g., equal opportunities, welfare of all, social justice. |
| 9 | Separation of Powers | • Executive – implementation (President/Prime Minister, ministries). • Legislature – law making (Parliament, State Legislatures). • Judiciary – interpretation, enforcement (Supreme Court, High Courts, Sub‑ordinate courts). |
| 10 | Federalism | Dual governance – Centre and State share powers (Union List, State List, Concurrent List). |
| 11 | Recent Constitutional Developments | • 103rd Amendment (2019) – Abolition of the 7th Schedule (Scheduled Castes and Tribes). • 118th Amendment (2022) – E‑commerce policy, data localization. • Supreme Court: Aruna Shanbaug case (2018) – Right to die with dignity; Shreyans Prasad Singh v. State of UP (2024) – Prohibition of child labour. |
| 12 | Judicial Review | Courts ensure laws and executive actions conform to the Constitution. |
3. Worked Example
Scenario:
The State Assembly passes a law that declares a particular religious community “illegal” for a period of 10 years. Is the law valid?
Analysis Using Constitutional Principles
| Step | Constitutional Provision | Application |
|---|---|---|
| 1 | Fundamental Rights – Article 14 (Equality before law). | The law discriminates on the basis of religion → violates equality. |
| 2 | Fundamental Rights – Article 15 (Prohibition of discrimination). | Explicit discrimination based on religion → violates Article 15. |
| 3 | Basic Structure – Democracy & Rule of Law. | By arbitrarily declaring a community illegal, it undermines democratic principles and the rule of law. |
| 4 | Judicial Review – Supreme Court can strike down. | The law is unconstitutional and void. |
Conclusion:
The law would be struck down by the courts as it violates the Constitution’s fundamental rights and basic structure.
4. Quick Revision Summary
| Topic | Key Takeaway |
|---|---|
| Constitution | Supreme, written, democratic, federal, living document. |
| Amendment | Simple majority for most; special majority for core features; Supreme Court can review. |
| Basic Structure | Core principles: democracy, secularism, federalism, separation of powers, fundamental rights, rule of law. |
| Fundamental Rights | 11 Articles (14‑32) – equality, liberty, protection of life, etc. |
| Fundamental Duties | 11 duties |