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INDIAN CONSTITUTION

Unit I 1. Introduction 1.1 Nature of Indian Constitution 1.2 Salient Features 1.3 Preamble 1.4 Citizenship 1.5 Fundamental Rights, Articles 12- 35 UNIT - I

1. FRAMING OF THE INDIAN CONSTITUTION The Constitution of India was drawn up by a Constituent Assembly. The Assembly met for the first time on December 9, 1946. The Assembly constituted a Drafting Committee, under the chairmanship of Dr.B.R.Ambedkar, to frame a constitution for India. Indian Constitution was adopted on November 26, 1949 and it came into effect on January 26, 1950. It is the longest written Constitution in the world containing 395 Articles, 22 Parts and 12 Schedules. a. Rajendra Prasad was elected its Permanent Chairman on 11.12.1946. b. The Draft Constitution was published in January, 1948. The people of India were given 8 months to discuss the draft and propose amendments. As many as 7,635 amendments were proposed and 2,473 were actually discussed. c. The Constituent Assembly held 11 sessions. d. The Draft Constitution was considered for 114 days. In all the Constitutional Assembly sat for 2 years, 11 months and 18 days. e. The New Constitution of India was adopted by the Constituent Assembly on 26th November, 1949 and was signed by the President, Dr. Rajendra Prasad. 15 Articles (5,6,7,8,9,60,324,366,367,372, 380, 388, 391,392 and 393) came into force at once. f. The remaining provisions of the Constitution came into force on 26th January, 1950 which is the date of the commencement of the Constitution. g. On January 26, 1950, the Indian Government also adopted Sarnath, the Lion Capital of Ashoka with the wheel, bull, and horse as the national emblem of India. h. The design of the National Flag was adopted by the Constituent Assembly of India on 22 July 1947. i. The national calendar based on the Saka Era, with Chaitra as its first month and a normal year of 365 days was adopted from 22 March 1957 National Anthem “Jana-gana-mana”, composed originally in Bengali by Rabindranath Tagore, was adopted in its Hindi version by the Constituent Assembly as the National Anthem of India on 24January 1950. It was first sung on 27 December 1911 at the Calcutta Session of the Indian National Congress. 1. 1 Nature of the Indian Constitution The Indian Constitution is one of the written constitutions in the world. So, we should have an understanding of the nature of the Constitution. What level should we give to our Constitution, whether it is federal, unitary, or quasi-federal? Some people call it federal, some unitary, and some quasi-federal. It is always a matter of debate, what is the real nature of our Constitution. So, to understand the nature of the Constitution we shall discuss all the features one by one.

All the features that have been mentioned above show the unitary nature of the Indian constitution. Indian Constitution as Quasi federal: It is often a matter of discussion whether the Indian constitution is federal or unitary. According to K.C. Where, in practice, the constitution of India is quasi-federal and not strictly federal. The words ‘quasi’ means looks like so quasi-federal means looks like federal but in the true sense, it is not completely federal. Quasi-federal refers to a system of government where the distribution of power between the center and the state is not equal. It is a federation with strong center machinery referred to as a quasi-federal state. The Constitution of India has not described India as a federation. On the other hand, it describes India as a union of States. From the above discussion, it can be understood that the Indian constitution is a harmonious mixture of both unitary and federal features of the government. In the words of D.D. Basu, the Constitution of India is neither purely federal nor unitary, but it is a combination of both. The makers of the constitution tried to establish a harmonious balance between the center and the state. Hence Dr. K.C. It rightly said that ” The Indian constitution establishes, indeed a system of government which is as the most quasi-federal, almost devolutionary; a unitary state with subsidiary federal features rather than a federal state with unitary features.” 1.2 Salient Features of the Constitution of India (I) A written and lengthy constitution The Constitution of India is a single, written document (unlike the British constitution which is not a single, written document, but is drawn from legislation, treaties, judicial precedents, convention, and numerous other sources). It was framed by a Constituent Assembly which was established for the purpose in 1946. As originally adopted, it had 22 Parts, 395 Articles and 8 Schedules. A number of amendments, passed since its enforcement in 1950, have also become a part of the constitution. The Constitution of India is the lengthiest constitution in the world as no other constitution contains as many articles. The constitution of USA has 7 Articles, China 138, Japan 103, and Canada 107 Articles. (ii) Single Constitution Unlike the US which is considered as a role model of federalism, India has a single constitution, that is, the Indian states do not have separate constitutions.

(iii) Sovereign, socialist, secular, democratic, republic The Constitution declares India to be a Sovereign, Socialist, Secular, and Democratic, Republic. The words, 'Socialist' and 'secular' were added in the Preamble of the Constitution by 42nd Amendment which was passed in 1976. Sovereign : Sovereign means absolutely independent; it is not under the control of any other state. Socialist: The Word 'Socialist' was added in the Preamble by 42nd Amendment of the Constitution which was passed in 1976. This implies a system which will endeavor to avoid concentration of wealth in a few hands and will assure its equitable distribution. Secular : The word 'Secular', like Socialist, was also added in the Preamble by 42nd Amendment of the Constitution. There is no state religion in India. Every citizen is free to follow and practice, the religion of his/her own choice. The state cannot discriminate among its citizens on the basis of religion. Democratic - It means that the power of the government is vested in the hands of the people. People exercise this power through their elected representatives who, in turn, are responsible to them. All the citizens enjoy equal political rights. Republic: It means that the head of the State is not a hereditary monarch but a President who is indirectly elected by the people for a definite period. (iv)Unique blend of rigidity and flexibility Whether a constitution is rigid or flexible depends on the process of amendment. If the constitutional laws and ordinary laws are amended separate ways, it is a rigid constitution. On the contrary, in a flexible constitution, constitutional laws and ordinary laws are amended in the same way. Some provisions of the Constitution of India can be amended by the Indian Parliament with simple majority. The amendment of most provisions of the constitution requires a special majority in both houses of the parliament. There are some other provisions of constitution which cannot be amended by the parliament alone. In case of such provision the amending bill has first to be approved by both houses of parliament by a special majority (with the support of two-thirds of the members of each house present and voting). Then it has to be ratified by the legislatures of at least half of the states of India. So, there is a balance between rigidity and flexibility in our constitution. Some amount of flexibility was introduced into our constitution in order to encourage its growth. (v) Patchwork, but a beautiful patchwork The Indian Constitution is often referred to as a patchwork. It has been inspired and derived from various sources. The best features of various constitutions have been incorporated in our constitution.

The Constitution provides for some Independent Agencies to perform functions allotted to them. The important agencies are Election Commission (article 324) Comptroller and Auditor General (article 148) Union and State Public Service Commission (article 315) Finance Commission (article 2 80) (xiv) Emergency provisions The framers of our constitution had realized that there could be certain dangerous situations when government could not be run as in ordinary time. Hence our constitution contains certain emergency provisions. During emergency the fundamental rights of the citizens can be suspended and our government becomes a unitary one. The Constitution makes provisions for the proclamation of National Emergency under Article 352, State Emergency under Article 356 and Financial Emergency under Article 360. Constitutional Amendment Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India. However, there is another limitation imposed on the amending power of the constitution of India, which developed during conflicts between the Supreme Court and Parliament, where Parliament wants to exercise discretionary use of power to amend the constitution while the Supreme Court wants to restrict that power. This has led to the laying down of various doctrines or rules in regard to checking the validity/legality of an amendment, the most famous among them is the Basic structure doctrine as laid down by the Supreme Court in the case of Kesavananda Bharativs State of Kerala types of Amendments in Indian Constitution. The list of types of amendments can be found below. There are three ways in which the Constitution can be amended:

1. Amendment by simple majority of the Parliament
2. Amendment by special majority of the Parliament
3. Amendment by special majority of the Parliament and the ratification of at least half of the state legislatures A brief description of the above types of amendments of the Indian Constitution has been laid down below: 1. by Simple Majority of Parliament A number of provisions in the Constitution can be amended by a simple majority of the two houses of Parliament outside the scope of Article 368. These provisions include: Admission or establishment of new states: a. Formation of new states and alteration of areas, boundaries or names of existing states b. Abolition or creation of legislative councils in states c. Second Schedule-emoluments

d. Allowances, privileges and so on of the president, the governors, the Speakers, judges,etc e. Quorum in Parliament f. Salaries and allowances of the Members of Parliament g. Rules of procedure in Parliament h. Privileges of the Parliament, its members and its committees i. Use of the English language in Parliament j. Number of judges in the Supreme Court k. Conferment of more jurisdiction on the Supreme Court l. Citizenship-acquisition and termination m. Elections to Parliament and state legislatures n. Delimitation of constituencies o. Union territories p. Fifth Schedule-administration of scheduled areas and scheduled tribes q. Sixth Schedule-administration of tribal areas

2. By Special Majority of Parliament The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 percent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression ‘total membership’ means the total number of members comprising the House irrespective of the fact whether there are vacancies or absentees. The special majority is required only for voting at the third reading stage of the bill but by way of abundant caution, the requirement for the special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill. The provisions which can be amended by this way include: (i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories. 3. by Special Majority of Parliament and Consent of States Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill. The following provisions can be amended in this way: a. Election of the President and its manner b. Extent of the executive power of the Union and the states c. Supreme Court and high courts d. Distribution of legislative powers between space the Union and the states e. Any of the lists in the Seventh Schedule f. Representation of states in Parliament g. Power of Parliament to amend the Constitution and its procedure (Article 368 itself) Indian Federal System Federalism in India describes the distribution of legal authority across national, state

procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social planning, trade unions, labor welfare, electricity, newspapers, books and printing press NS stamp duties. Other (residuary) subjects Subjects not mentioned in any of the three lists are known as residuary subjects. However, many provisions in the constitution outside these lists permit parliament or state Legislative assembly to legislate. Excluding the provisions of the constitution outside these lists per Article 245, the power to legislate on such subjects, rests with the parliament exclusively per Article 248. Parliament shall legislate on residuary subjects following the Article 368 procedure as constitutional amendments. In case the above lists are to be expanded or amended, the legislation should be done by the Parliament under its constituent power per Article 368 with ratification by the majority of the states. Federalism is part of the basic structure of the Indian constitution which cannot be altered or destroyed through constitutional amendments under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court. Executive powers The Union and States have independent executive staff controlled by their respective governments. In legislative and administrative matters, the union government cannot overrule the constitutional rights/powers of a state government except when presidential rule is declared in a State. The Union's duty is to ensure that the government of every State is carried on in accordance with the provisions of the Constitution as per Article 355 and Article 256. The State governments cannot violate the Central laws in administrative matters. When a State violates the Constitution, Presidential rule is imposed under Article 356 and the President takes over the State’s administration with ex post facto consent of the Parliament per Article 357. Financial powers Article 282 accords financial autonomy in spending financial resources available to the states for public purpose. Article 293 allows States to borrow without limit without consent from the Union government. However, the Union government can insist upon compliance with its loan terms when a state has outstanding loans charged to the consolidated fund of India or a federally-guaranteed loan. The President of India constitutes a Finance Commission every five years to recommend devolution of Union revenues to State governments. Under Article 360, the President can proclaim a financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened. However, no guidelines define "financial emergency" for the country or a state or a union territory or a panchayat or a municipality or a corporation. An emergency like this must be approved by the Parliament within two months by a simple majority and has never been declared. A state of financial emergency remains in force indefinitely until revoked by the President. The President can reduce the salaries of all government officials, including judges of the Supreme Court and high courts, in cases of a financial emergency. All money bills passed by the state legislatures are submitted to the President for approval. He can direct the state to observe economy measures.

1.3 Preamble to the Indian Constitution

What is a Preamble?

A preamble is an introductory statement in a document that explains the document’s philosophy and objectives. In a Constitution, it presents the intention of its framers, the history behindits creation, and the core values and principles of the nation. The preamble basically gives idea of the following things/objects: Source of the Constitution Nature of Indian State Statement of its objectives Date of its adoption

History of the Preamble to Indian Constitution

The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the ConstituentAssembly on January 22,

Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language isfound ambiguous.

Components of Preamble

It is indicated by the Preamble that the source of authority of the Constitution lieswith the people of India. Preamble declares India to be a sovereign, socialist, secular and democraticrepublic. The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation. The date is mentioned in the preamble when it was adopted i.e. November 26,1949.

Key words in the Preamble

We, the people of India: It indicates the ultimate sovereignty of the peopleof India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power. Sovereign: The term means that India has its own independent authority and it isnot a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations. Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and publicsectors co-exist side by side. It was added in the Preamble by 42 nd^ Amendment, 1976. Secular: The term means that all the religions in India get equal respect, protectionand

Without fraternity, liberty would produce the supremacy of the few over themany. Without fraternity, liberty and equality could not become a natural course ofthings.

Status of Preamble

The preamble being part of the Constitution is discussed several times in theSupreme Court. It can be understood by reading the following two cases. Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreementrelated to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges. Through the Berubari case , the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law. Kesavananda Bharati Case: In this case , for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that: The Preamble of the Constitution will now be considered as part of theConstitution. The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes andprovisions of the Constitution. So, it can be concluded that preamble is part of the introductory part of theConstitution. In the 1995 case of Union Government Vs LIC of India also, the Supreme Courthas once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.

Amendment of the Preamble

42 nd^ Amendment Act, 1976: After the judgment of the Kesavanand Bharati case,it was accepted that the preamble is part of the Constitution. As a part of the Constitution, preamble can be amended under Article 368 ofthe Constitution, but the basic structure of the preamble can not be amended. Because the structure of the Constitution is based on the basic elements of thePreamble. As of now, the preamble is only amended once through the 42 nd^ Amendment Act, 1976. The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42 nd Amendment Act, 1976. ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’. Fact: Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and 394 came into force since the adoption of the Constitution on 26th November 1949 and the rest of the provisions on 26 th^ January 1950.

The concept of Liberty, Equality, and Fraternity in our Preamble was adopted fromthe French Motto of the French Revolution.

grandparents, was born in India could register himself or herself as an Indian citizen with Indian Diplomatic Mission. Article 9: Provided that if any person voluntarily acquired the citizenship of a foreign State will no longer be a citizen of India. Article10: It says that every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen. Article 11: It empowers Parliament to make any provision with respect to the acquisition and termination of citizenship and all matters relating to it. Acts and Amendments a. The Citizenship Act, 1955 provides for the acquisition and determination of Indian citizenship. b. Acquisition and Determination of Indian Citizenship c. There are four ways in which Indian citizenship can be acquired: birth, descent, registration and naturalization. The provisions are listed under the Citizenship Act,

By Birth: Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian citizen irrespective of the nationality of his/her parents. a. Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of India given either of his/her parents is a citizen of the country at the time of his/her birth. b. Every person born in India on or after 3.12.2004 is a citizen of the country given both his/her parents are Indians or at least one parent is a citizen and the other is not an illegal migrant at the time of birth. By Registration: Citizenship can also be acquired by registration. Some of the mandatory rules are: a. A person of Indian origin who has been a resident of India for 7 years before applying for registration b. A person of Indian origin who is a resident of any country outside undivided India c. A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration Minor children of persons who are citizens of India By Descent: A person born outside India on or after January 26, 1950 is a citizen of India by descent if his/her father was a citizen of India by birth. A person born outside India on or after December 10, 1992, but before December 3, 2004 if either of his/her parent was a citizen of India by birth. If a person born outside India or after December 3, 2004 has to acquire citizenship,

his/her parents have to declare that the minor does not hold a passport of another country and his/her birth is registered at an Indian consulate within one year of birth. By Naturalization: a. A person can acquire citizenship by naturalization if he/she is ordinarily resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act. b. The Act does not provide for dual citizenship or dual nationality. It only allows citizenship for a person listed under the provisions above ie: by birth, descent, registration or naturalization. c. The act has been amended four times — in 1986, 2003, 2005, and 2015. d. Through these amendments Parliament has narrowed down the wider and universal principles of citizenship based on the fact of birth. e. Moreover, the Foreigners Act places a heavy burden on the individual to prove that he/she is not a foreigner. f. 1986 amendment: Unlike the constitutional provision and the original Citizenship Act that gave citizenship on the principle of jus soli to everyone born in India, the 1986 amendment to Section 3 was less inclusive. g. The amendment has added the condition that those who were born in India on or after January 26, 1950 but before July 1, 1987, shall be Indian citizen. h. Those born after July 1, 1987 and before December 4, 2003, in addition to one’s own birth in India, can get citizenship only if either of his parents was an Indian citizen at the time of birth. i. 2003 amendment: The amendment made the above condition more stringent, keeping in view infiltration from Bangladesh. j. Now the law requires that for those born on or after December 4, 2004, in addition to the fact of their own birth, both parents should be Indian citizens or one parent must be Indian citizen and other should not be an illegal migrant. k. With these restrictive amendments, India has almost moved towards the narrow principle of jus sanguinis or blood relationship. l. This lays down that an illegal migrant cannot claim citizenship by naturalization or registration even if he has been a resident of India for seven years. m. Citizenship (Amendment) Bill 2019: The amendment proposes to permit members of six communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Pakistan, Bangladesh and Afghanistan — to continue to live in India if they entered India before December 14, 2014. n. It also reduces the requirement for citizenship from 11 years to just 6 years. o. Two notifications also exempted these migrants from the Passport Act and Foreigners Act. p. A large number of organizations in Assam protested against this Bill as it may grant citizenship to Bangladeshi Hindu illegal migrants. q. The justification given for the bill is that Hindus and Buddhists are minorities in Bangladesh, and fled to India to avoid religious persecution, but Muslims are a majority in Bangladesh and so the same cannot be said about them. r. Now the law requires that for those born on or after December 4, 2004, in addition to the fact of their own birth, both parents should be Indian citizens or one parent must be Indian citizen and other should not be an illegal migrant. s. With these restrictive amendments, India has almost moved towards the narrow principle of jus sanguinis or blood relationship.

5. Cultural and Educational Right (Article 29 to 30)
6. Right to Constitutional Remedies **Right to Equality
7. Right to Equality (Art. 14-18) Article 14 Equality before Law** Article 14 represents the idea of equality, which states that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The equality before the law is guaranteed to all without regard to race, color, or nationality. Article 15 Non-discrimination on grounds of religion, race, caste, sex, or place of birth Article 15 states that the state shall not discriminate against any citizen on grounds only ofreligion, caste, sex, place of birth, or any of them and would not be subject to any disability, liability, restriction, or condition. Nothing in this article shall prevent the state from making any special provisions for women and children. Nothing in this article or in sub-clause (G) of clause (1) of Article 19 shall prevent the state from making any special provision by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or Scheduled Tribes. (Article 16): Equality of opportunity in public employment Article 16 states that no citizen shall on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them, be ineligible for or discriminated against in respect of any employment or office under the state. (Article 17): Abolition of untouchability Article 17 abolishes Untouchability and forbids its practice in any form. Untouchability refers to a social practice that looks down upon certain oppressed classes solely on account of their birth and makes any discrimination against them on this ground. (Article 18): Abolition of Titles Article 18 abolishes all titles and prohibits the state to confer titles on anybody whether a citizen or a non-citizen. However, military and academic distinctions are exempted from the prohibition. (Article 19): Right to Freedom The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms:

1. Freedom of Speech and Expression.
2. Freedom of Assembly.
3. Freedom to form associations.
4. Freedom of Movement.
5. Freedom to reside and to settle.
6. Freedom of profession, occupation, trade, or business. Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978. (Article 20): Protection in respect of Conviction for Offences Article 20 provides protection against arbitrary and excessive punishment for any

person who commits an offense. This article has taken care to safeguard the rights of persons accused of crimes. Moreover, this article cannot be suspended even during an emergency in operation under Article 359. (Article 21): Protection of Life and Personal Liberty Article 21 states no person shall be deprived of his life or personal liberty except according to the procedure established by law. However, Article 21 puts a limit on the power of the State given under Article 246, read with the legislative lists. Thus, Article 21 does not recognize the Right to Life and Personal Liberty as an absolute right but limits the scope of the right itself. (Article 22): Safeguards against Arbitrary Arrest and Detention Firstly, Article 22 guarantees the right of every person who is arrested to be informed of the cause of his arrest; secondly, his right to consult and to be defended by a lawyer of his choice. Thirdly, every person arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours and shall be kept in continued custody only with his authority. (Articles 23 - 24): Right against Exploitation Article 23 prohibits traffic in human beings, women, children, beggars or other forced labor militates against human dignity. Article 24 prohibits employing children below the age of 14 years in any hazardous profession. This right followed the human rights concepts and United Nations norms. (Articles 25 - 28): Right to Freedom of Religion Articles 25 and 26 embody the principles of religious tolerance and serve to emphasize the secular nature of Indian democracy, i.e. equal respect to all religions. Article 25 offers freedom of Conscience and Free Profession, Practice and Propagation of Religion Article 26 helps to manage religious affairs, which is subject to public order, morality and health, every religious denomination or any section. Article 27 provides freedom not to pay taxes for religious expenses on the promotion or maintenance of any particular religion. Article 28 prohibits religious instructions in educational institutions wholly maintained by the state.

5. (Articles 29 - 30): Rights to minorities (cultural and educational rights) Article 29 provides protection of the interests of minorities. A minority community can effectively conserve its language, script, or culture by and through an educational institution. Article 30 states the rights of minorities whether based on religion or language to establish and administer educational institutions. The 44th Amendment has abolished the Right to Property as a Fundamental Right guaranteed by Art.19 (f) and Art.31 of the Constitution. It is now only a Legal Right under article