Constitutional Law

Explore fundamental rights, directive principles, federal structure, and constitutional authorities.


🔹 Introduction to Constitutional Law

Constitutional law is the supreme legal framework that defines the structure, functions, powers, and responsibilities of the government and guarantees fundamental rights to citizens. The Constitution of India (1950) is the longest written constitution in the world and serves as the fundamental law of the country.

📌 Structure of the Indian Constitution

The Constitution consists of 470 Articles, 25 Parts, and 12 Schedules, covering various aspects such as fundamental rights, the structure of government, directive principles, and emergency provisions.

1️⃣ Preamble – The Spirit of the Constitution

The Preamble represents the philosophy of the Indian Constitution. It declares India to be:

  • Sovereign – Independent of any external authority
  • Socialist – Economic justice and equal wealth distribution
  • Secular – No official religion; equal treatment of all religions
  • Democratic – Government elected by the people
  • Republic – Head of the state is elected (President, not a monarch)
  • Justice – Social, economic, and political
  • Liberty – Freedom of thought, expression, belief
  • Equality – Equal status and opportunity
  • Fraternity – Ensuring unity and dignity of individuals

2️⃣ Fundamental Rights (Part III, Articles 12-35)

🔹 Right to Equality (Articles 14-18)


  • Article 14: Equality before the law
  • Article 15: No discrimination based on religion, caste, sex, etc.
  • Article 16: Equal opportunities in public employment
  • Article 17: Abolition of untouchability
  • Article 18: Abolition of titles

🔹 Right to Freedom (Articles 19-22)


  • Article 19: Freedom of speech, expression, movement, profession, etc.
  • Article 20: Protection against double jeopardy and self-incrimination
  • Article 21: Right to life and personal liberty
  • Article 21A:Right to education (free & compulsory for children 6-14 years)
  • Article 22: Protection against arrest and detention

🔹 Right against Exploitation (Articles 23-24)


  • Article 23: Prohibition of human trafficking and forced labor
  • Article 24: Prohibition of child labor in hazardous industries

🔹 Right to Freedom of Religion (Articles 25-28)


  • Article 25: Freedom of conscience and free profession, practice, and propagation of religion
  • Article 26: Freedom to manage religious affairs
  • Article 27: Freedom from payment of taxes for promotion of any religion
  • Article 28: Freedom from attending religious instruction in educational institutions

🔹 Cultural and Educational Rights (Articles 29-30)


  • Article 29: Protection of language, script, and culture of minorities
  • Article 30: Right of minorities to establish and administer educational institutions

🔹 Right to Constitutional Remedies (Article 32)


  • Guarantees the right to move the Supreme Court for the enforcement of fundamental rights
  • Power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto)

    • 🔹 Right to Privacy


    Recognized as a fundamental right under Article 21 in the Puttaswamy Case (2017)Justice K.S. Puttaswamy (Retd.) vs. Union of India.

    3️⃣Directive Principles of State Policy (DPSP) (Part IV, Articles 36-51)

    DPSPs are guidelines for the government to create policies ensuring social and economic justice. These are non-justiciable, meaning they cannot be enforced by courts.

    Categories of DPSPs:


    • Socialistic Principles – Equal pay for equal work, right to education, health, labor welfare
    • Gandhian Principles – Promotion of cottage industries, organization of village panchayats
    • Liberal-Intellectual Principles – rotection of the environment, promotion of international peace

    4️⃣ Fundamental Duties (Part IV-A, Article 51A)

    Added to the Constitution by the 42nd Amendment in 1976, Fundamental Duties are a moral and civic obligation of citizens to uphold the unity and integrity of the nation.

    🔹 Key Duties:


    • Respect the Constitution, National Flag, and National Anthem
    • Protect the sovereignty, unity, and integrity of India
    • Defend the country and render national service when called upon
    • Promote harmony and the spirit of common brotherhood
    • Preserve the rich heritage and culture of India
    • Protect natural environment and wildlife
    • Develop scientific temper, humanism, and the spirit of inquiry
    • Safeguard public property and abjure violence
    • Strive for excellence in all spheres of individual and collective activity
    • Value and preserve the rich heritage of composite culture

    5️⃣ Constitutional Amendments

    The Constitution can be amended by Parliament through a special majority. Key amendments include:

    • 42nd Amendment (1976): Added Fundamental Duties and shifted the focus from rights to duties
    • 44th Amendment (1978): Limited the power of the President to declare Emergency
    • 73rd and 74th Amendments (1992): Introduced Panchayati Raj and Urban Local Bodies
    • 86th Amendment (2002): Made education a fundamental right for children aged 6-14 years
    • 101st Amendment (2016): Introduced GST (Goods and Services Tax)

    5. The Structure of Government

    (A) Legislature – Lawmaking Body

    Parliament (Bicameral Legislature)

    • Lok Sabha (Lower House)
      • 543 Members
      • Elected every 5 years
      • People's Representation
    • Rajya Sabha (Upper House)
      • 245 Members
      • Elected indirectly
      • States' Representation

    State Legislatures

    • Vidhan Sabha (Legislative Assembly)
    • Vidhan Parishad (Legislative Council) in some states

    (B) Executive – Law Enforcement

    President of India

    Head of State (Article 52-62)

    Supreme Commander of Armed Forces

    Prime Minister

    Head of Government

    Leads the Union Executive

    Council of Ministers

    Advises the President

    Governor

    Article 153-167

    Appointed representative of the President in States

    (C) Judiciary – Guardian of the Constitution

    Supreme Court

    Articles 124-147

    Highest court in India

    High Courts

    Articles 214-231

    One in each state or union territory

    District & Subordinate Courts

    Local level judiciary

    Powers of the Supreme Court

    • Judicial Review – Declaring laws unconstitutional
    • Writ Jurisdiction – Enforcing Fundamental Rights
    • Special Leave Petition – Taking cases from lower courts

    6. Emergency Provisions

    Part XVIII, Articles 352-360

    National Emergency (Article 352)

    • War
    • External aggression
    • Internal disturbance

    State Emergency (Article 356)

    President's Rule in a state

    Financial Emergency (Article 360)

    Economic crisis

    6️⃣ Federal Structure of Government

    India follows a federal system with a division of powers between the Union (Centre) and States.


    Key features include:

    • Three-tier government – Union, State, and Local Bodies
    • Union List, State List, and Concurrent List
    • Independent judiciary to resolve disputes between Centre and States
    • Appointment of Governors to represent the President in States

    7️⃣ Constitutional Authorities

    🔹 President of India (Article 52)


    Head of the state, elected by an Electoral College consisting of elected members of Parliament and State Legislatures.

    🔹 Vice-President of India (Article 63)


    Ex-officio Chairman of the Rajya Sabha (Council of States).

    🔹 Prime Minister of India (Article 74)


    Head of the government, appointed by the President and responsible to the Lok Sabha (House of the People).

    🔹 Governor of States (Article 153)


    Head of the state, appointed by the President to represent the Centre in States.

    🔹 Chief Justice of India (Article 124)


    Head of the judiciary, appointed by the President and responsible for the administration of justice.

    8️⃣ Landmark Constitutional Cases

    Kesavananda Bharati Case (1973)

    Established the Basic Structure Doctrine

    Maneka Gandhi Case (1978)

    Expanded Right to Life & Personal Liberty

    Minerva Mills Case (1980)

    Strengthened Fundamental Rights over DPSPs

    SR Bommai Case (1994)

    Limited misuse of President's Rule

    IR Coelho Case (2007)

    Judicial review over Ninth Schedule laws