Constitutional Law — Indian Constitution

Before you start: [Legal Fundamentals](/academies/law/legal-fundamentals/overview) (the hierarchy of laws, court structure) is assumed as background.

Why This Exists (The Hook)

A government with no written limits on its own power can, in principle, do anything a simple majority votes for — including taking away the very rights that let citizens object. The Constitution exists specifically to put certain things beyond ordinary majority reach: Fundamental Rights that even Parliament cannot casually override, a Basic Structure that survives even a constitutional amendment, and a Supreme Court with the power to strike down a law that violates either. Constitutional law is the study of exactly where those limits sit — and why "Parliament passed it" is not, by itself, enough to make a law valid.

Analogy — Think of the Constitution like the master rulebook for a competitive league, not a suggestion. Individual teams (State governments, Parliament) can set their own rules for how they operate, but none of those rules can contradict the league's master rulebook — and even the league's own governing body can't rewrite certain core rules (like "games must be fair") just because a majority of teams currently want to. The Basic Structure Doctrine is exactly this: some rules are so foundational to what the league IS that changing them would mean it's no longer the same league at all — which is why even Parliament, using the amendment process, can't touch them.

Try it (2 minutes) — Reason through why Fundamental Rights (Part III) are "justiciable" while Directive Principles (Part IV) are explicitly "non-justiciable," without looking anything up: justiciable means a court can directly enforce it — you can sue if it's violated. DPSPs are described as goals for the State to work toward (like reducing inequality) rather than individually enforceable guarantees. If DPSPs were made justiciable in the same way FRs are, what would that mean for a court's role — would judges effectively be setting government economic and social policy through lawsuits, rather than the elected government doing so through legislation? Why might the Constitution's drafters have deliberately drawn that line differently for the two Parts?

The Constitution of India: Foundation Document

Adopted on 26 November 1949, in force from 26 January 1950. World's longest written constitution — originally 395 Articles, 8 Schedules. Currently: ~470 Articles, 12 Schedules, 25 Parts.

Structure: Parts & Their Importance

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Fundamental Rights (Part III — Articles 12–35)

These are justiciable — courts can enforce them. Can be suspended during Emergency (except Arts 20, 21).

Article 14 — Equality Before Law

Article 19 — Six Freedoms

Each freedom has reasonable restrictions under Art 19(2)–(6) — sovereignty, security, public order, morality, contempt of court, defamation.

Article 21 — Right to Life and Personal Liberty

Article 32 — Right to Constitutional Remedies ("Heart and Soul")

Five writs:

Directive Principles (Part IV — Articles 36–51)

Non-justiciable but fundamental to governance. Courts cannot enforce them, but Parliament and States must keep them in mind when making law.

Key DPSPs:

Fundamental Duties (Part IVA — Article 51A)

Added by 42nd Amendment 1976 (Swaran Singh Committee). Originally 10, now 11 duties (added by 86th Amendment 2002).

Key duties: Respect Constitution/National Flag/Anthem, defend the country, promote harmony, preserve culture, protect environment, develop scientific temper, safeguard public property, strive for excellence.

Constitutional Amendments — Article 368

Simple majority (ordinary bills): matters under Art 5, 169, etc.

Special majority (2/3 of members present + voting AND majority of total strength): most amendments

Special majority + State ratification (½ of State legislatures): federal provisions — Lists, election of President, SC/HC jurisdiction

Basic Structure (Kesavananda Bharati, 1973): Parliament cannot destroy the basic structure even via Art 368. Includes: Supremacy of Constitution, Rule of Law, Judicial Review, Secularism, Federalism, Free Elections.

Federal Structure: Union-State Relations

Legislative Relations (Arts 245–255)

Administrative Relations (Arts 256–263)

Financial Relations (Arts 268–293)

Emergency Provisions

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Imposed: Cabinet recommendation → Presidential Proclamation → Parliamentary approval (1 month, special majority)

Key Constitutional Bodies

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Practice Questions

Q1. Which Article provides the right to move Supreme Court for enforcement of Fundamental Rights?

A: Article 32 (Dr Ambedkar called it the "heart and soul" of the Constitution)

Q2. What is the Basic Structure Doctrine?

A: Laid down in Kesavananda Bharati v. State of Kerala (1973) — certain features of the Constitution (judicial review, separation of powers, federalism, secularism, democracy) cannot be amended even by Parliament under Article 368.

Q3. DPSP vs Fundamental Rights — which prevails?

A: FRs are justiciable and generally prevail, but Minerva Mills (1980) held that both must be harmoniously construed. Art 31C gives some DPSPs a shield — laws implementing Arts 39(b)/(c) cannot be challenged under Arts 14/19.

Q4. What are the three lists and which prevails in case of conflict?

A: Union List > Concurrent List > State List in case of conflict. On Concurrent List, Union law prevails under Art 254 unless State law has Presidential assent.