Constitutional Law — Indian Constitution

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

Part	Articles	Subject

|------|----------|---------|

I	1–4	Union and its Territory
II	5–11	Citizenship
III	12–35	Fundamental Rights
IV	36–51	Directive Principles of State Policy (DPSP)
IVA	51A	Fundamental Duties
V	52–151	The Union (President, Parliament, SC)
VI	152–237	The States
IX	243–243O	Panchayats
XI	245–263	Relations between Union and States
XIV	308–323	Services Under the Union and States
XX	368	Amendment of Constitution

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

•No person shall be denied equality before law or equal protection of laws

•State cannot discriminate arbitrarily — must have intelligible differentia + rational nexus to object

Article 19 — Six Freedoms

1.Speech and Expression

2.Peaceful Assembly

3.Form Associations

4.Free Movement within India

5.Reside and Settle

6.Practice any Profession / Trade

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

•Most expansive FR after Maneka Gandhi case (1978)

•Includes: right to privacy (Puttaswamy, 2017), livelihood, health, education, speedy trial, dignity, environment

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

Five writs:

•Habeas Corpus — Produce the body (unlawful detention)

•Mandamus — Command a public body to perform its duty

•Prohibition — Stop inferior court from exceeding jurisdiction

•Certiorari — Quash order of inferior court

•Quo Warranto — By what authority do you hold this office?

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:

•Art 38: State to secure social order for welfare

•Art 39: Equal pay for equal work, equal access to means of livelihood

•Art 39A: Free legal aid (implemented via Legal Services Authorities Act)

•Art 44: Uniform Civil Code (UCC) — still a directive, not implemented

•Art 45: Free and compulsory education for children (now FR under Art 21A)

•Art 48A: Protect and improve environment and safeguard forests/wildlife

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)

•Union List (List I): 98 subjects — Defence, Foreign Affairs, Atomic Energy, Currency, Railways

•State List (List II): 59 subjects — Public Order, Police, Agriculture, Public Health

•Concurrent List (List III): 52 subjects — Education, Forests, Marriage, Bankruptcy, Electricity

Administrative Relations (Arts 256–263)

•Inter-State Council (Art 263) for coordination

•States must comply with Union laws/Executive directions

Financial Relations (Arts 268–293)

•Finance Commission (Art 280) — recommends Centre-State tax devolution

•GST Council (Art 279A) — cooperative federalism in taxation

Emergency Provisions

Type	Article	Grounds	Effect

|------|---------|---------|--------|

National Emergency	352	War / External Aggression / Armed Rebellion	FRs 19 suspended; Union can legislate on State List
President's Rule	356	Failure of Constitutional Machinery in State	State government dismissed; Parliament governs state
Financial Emergency	360	Threat to financial stability	Never invoked

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

Key Constitutional Bodies

Body	Article	Function

|------|---------|---------|

Election Commission	324	Superintendence of elections to Parliament + State Legislatures
CAG (Comptroller & Auditor General)	148	Audit of Union + State accounts
UPSC	315–323	Recruitment to All India Services
Finance Commission	280	Tax devolution recommendations
Attorney General	76	Chief law officer of India
Advocate General	165	Chief law officer of State

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.

Constitutional Law — Overview