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
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
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
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