Nature & Significance
Part III: The Magna Carta of India
PART I — CORE IDENTITY
IDENTITY
Magna Carta of India
- Part III of Constitution
- Articles 12 to 35
- Inspired by US Bill
- Guarantees civil liberties
SIGNIFICANCE
Political Democracy
- Establishes political democracy
- Prevents authoritarian rule
- Government of laws
- Protects individual liberty
PART II — NATURE & CHARACTERISTICS
CHARACTERISTIC 01
Justiciable Nature
- Enforceable by courts
- Supreme Court guarantees (Art 32)
- Direct approach allowed
- Defended against State
CHARACTERISTIC 02
Not Absolute
- Subject to reasonable restrictions
- State can impose limits
- Balance individual & society
- Court decides reasonableness
CHARACTERISTIC 03
Amendability
- Not sacrosanct or permanent
- Parliament can curtail/repeal
- Requires constitutional amendment
- Subject to Basic Structure
CHARACTERISTIC 04
Suspension Limits
- Suspended during National Emergency
- Article 20 remains immune
- Article 21 remains immune
- Art 19 needs war/aggression
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