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22 Parts · 395 Articles · 12 Schedules · 105 Amendments

The Constitution.

“The Constitution is not a mere lawyers' document. It is a vehicle of life, and its spirit is always the spirit of the age.”
— Dr. B.R. Ambedkar

448

Articles

12

Schedules

106+

Amendments

1950

Year

The Republic's founding declaration — Sovereign, Socialist, Secular, Democratic Republic; Justice, Liberty, Equality, Fraternity.

  • Adopted on 26th November 1949, Enacted on 26th January 1950
  • 'Socialist' and 'Secular' added by 42nd Amendment (1976)
  • Interpreted in Kesavananda Bharati as a part of the Constitution
  • Used by courts to interpret ambiguous constitutional provisions

Defines India as a Union of States. Parliament can alter state names, boundaries, and create new states.

  • India is a 'Union of States' — not a federation (no right to secede)
  • Parliament can form new states or alter boundaries by simple majority
  • Schedule I lists all 28 states and 8 Union Territories
  • Bifurcation of Andhra Pradesh (2014) and J&K reorganization (2019)

Provisions relating to citizenship at the commencement of the Constitution. Parliament governs citizenship by law.

  • Citizenship Act 1955 governs acquisition and termination of citizenship
  • Single citizenship — unlike the USA's dual (state & national) citizenship
  • Citizenship (Amendment) Act 2019 grants citizenship to non-Muslim minorities from 3 countries
  • Art. 11: Parliament has plenary power to make citizenship laws

Justiciable rights guaranteed to every person against state action — the bedrock of India's constitutional democracy.

  • 6 categories: Equality, Freedom, Against Exploitation, Religion, Cultural-Educational, Constitutional Remedies
  • Art. 32: Right to Constitutional Remedies — 'Heart & Soul of the Constitution' (Ambedkar)
  • Can be suspended only during National Emergency (Art. 352)
  • Art. 20, 21 cannot be suspended even in emergency
Explore Fundamental Rights

Non-justiciable guidelines for governance — the socioeconomic conscience of the Constitution.

  • Cannot be enforced by courts, but fundamental in governance
  • 3 categories: Socialistic, Gandhian, Liberal-Intellectual
  • Mineva Mills (1980) — balance between FRs and DPSPs is basic feature
  • Art. 44: Uniform Civil Code — yet to be implemented
Explore Directive Principles of State Policy

11 duties of every citizen — not directly enforceable but guide courts and shape legislation.

  • Added by 42nd Amendment (1976), 11th duty added by 86th Amendment (2002)
  • Inspired by the Constitution of the USSR
  • Not enforceable by writ, but courts refer to them in interpretation
  • Verma Committee (1999) called for their embodiment in laws
Explore Fundamental Duties

Structure of the Union Government: President, VP, PM, Council of Ministers, Parliament, Supreme Court, CAG.

  • President is constitutional head — PM is real executive (Art. 74, 75)
  • Parliament: Lok Sabha + Rajya Sabha + President
  • Supreme Court: Art. 124–147 — original, appellate and advisory jurisdiction
  • Financial Emergency (Art. 360) — never been invoked

Mirror of Part V for states — Governor, CM, State Legislature, High Courts.

  • Governor is nominal head — CM is real executive
  • Governor's discretionary powers — S.R. Bommai (1994) limited misuse
  • State Legislature: Vidhan Sabha (+ Vidhan Parishad in 6 states)
  • Art. 200/201: Governor can reserve bills for President's consideration

Three types of emergencies that fundamentally alter the federal structure temporarily.

  • Art. 352: National Emergency (external aggression/armed rebellion) — invoked 3 times
  • Art. 356: President's Rule (State Emergency) — applied 100+ times, currently in Ladakh
  • Art. 360: Financial Emergency — never invoked
  • 44th Amendment: 'Internal disturbance' replaced by 'armed rebellion'

Parliament's power to amend the Constitution — subject to the Basic Structure Doctrine.

  • Three modes: Simple majority, Special majority, Special majority + state ratification
  • Kesavananda Bharati (1973): Basic Structure cannot be amended
  • 42nd Amendment (1976) has been called the 'Mini-Constitution'
  • 104th Amendment (2020): Extended SC/ST reservations in legislature by 10 years