Constitutional Law-1
Historical Background to the Framing of the Indian Constitution
Last Updated: 4 November 20251. Introduction The Constitution of India is the culmination of a long historical process marked by gradual constitutional development during British rule and the nationalist demand for self-governance. The framing of the Constitution was neither a sudden event nor an isolated political act—it was the outcome of sustained movements, administrative experiments, and constitutional reforms spanning...
Preamble — Nature and Significance
Last Updated: 4 November 20251. Introduction The Preamble to the Constitution of India is a succinct statement that encapsulates the ideals, philosophy, and objectives which the framers sought to achieve through the Constitution. It represents the spirit of the Constitution and serves as a guiding light for its interpretation. Drafted under the influence of Pandit Jawaharlal Nehru’s Objectives Resolution...
Salient Features of the Constitution of India
Last Updated: 4 November 20251. Introduction The Constitution of India, adopted on 26 November 1949 and enforced on 26 January 1950, stands as the longest written Constitution in the world. It represents the collective will of the people of India and reflects a unique blend of rigidity and flexibility, combining the best features of various constitutions across the world...
Citizenship under the Indian Constitution [Part-II: Article 5-11]
Last Updated: 4 November 20251. Introduction Citizenship forms the legal bond between an individual and the State, signifying full membership in the political community. It determines who belongs to India and who enjoys the full range of constitutional rights, privileges, and obligations. Under the Indian Constitution, citizenship is dealt with in Part II (Articles 5 to 11).The framers consciously...
State: Definition and Judicial Interpretation [Part-III: Article 12]
Last Updated: 4 November 20251. Introduction The term “State” in Article 12 of the Constitution of India determines against whom Fundamental Rights can be enforced.Fundamental Rights are primarily available against State action, not private individuals. Hence, defining the “State” is crucial for enforcing constitutional guarantees under Part III. 2. Text of Article 12 “In this part, unless the context...
Fundamental Rights: Meaning, Nature & Significance; Relationship with Human Rights [Part-III: Article 14-32]
Last Updated: 4 November 20251. Introduction The Fundamental Rights (Part III, Articles 12–35) form the cornerstone of the Indian Constitution. They embody the moral and legal commitment of the State to protect the dignity and liberty of every individual.These rights are not gifts of the State but natural and inalienable rights that guarantee freedom, equality, and justice to every...
Meaning of Law and Judicial Review; Laws Inconsistent with or in Derogation of Fundamental Rights
Last Updated: 4 November 20251. Introduction The Indian Constitution establishes a constitutional supremacy, not parliamentary supremacy.Under this framework, “law” is subordinate to the Constitution, and any law inconsistent with Fundamental Rights (Part III) is void. This principle ensures that every legislative, executive, or administrative act conforms to the Constitutional mandate — guaranteeing the Rule of Law and protection of...
Right to Equality [Part-III: Articles 14–18]: Concept, Scope & Judicial Interpretation
Last Updated: 4 November 20251. Introduction The Right to Equality (Articles 14–18) is the foundation of the Indian democratic and constitutional order. It ensures that every person is treated equally before the law, with equal protection of legal rights. It seeks to eliminate arbitrariness, discrimination, and social inequality. “Equality is the essence of democracy.” — Justice Subba Rao, State...
Right to Freedoms [Part-III: Articles 19–22]: Scope, Limitations & Judicial Interpretation
Last Updated: 4 November 20251. Introduction Articles 19–22 of Part III constitute the “Charter of Fundamental Freedoms” in the Indian Constitution.They guarantee civil liberties essential for the development of individual personality and democratic governance.These rights are not absolute; they are subject to reasonable restrictions in the interest of public order, morality, and national security. 2. Article 19 — Six...
Right Against Exploitation — [Part III: Articles 23 & 24]
Last Updated: 4 November 20251. Introduction The Right against Exploitation is a humanitarian guarantee in Part III of the Constitution.It aims to eliminate all forms of human exploitation arising from poverty, social inequality, or coercion.Articles 23 and 24 give legal expression to the ideals of dignity of labour and freedom from servitude. “Human dignity cannot coexist with forced labour...
Right to Freedom of Religion [Part III: Articles 25–28]
Last Updated: 4 November 20251. Introduction The Indian Constitution guarantees the freedom of religion as a fundamental right under Articles 25–28, ensuring that India remains a secular and pluralistic democracy.These provisions balance individual liberty of belief and conscience with the State’s power to regulate public order, morality, and health. “The Constitution does not recognize any religion as State religion....
Cultural and Educational Rights — [Part III: Articles 29 & 30]
Last Updated: 4 November 20251. Introduction Articles 29 and 30 of the Indian Constitution protect the cultural and educational identity of minorities — linguistic, religious, or cultural.These rights ensure that India’s diversity thrives within its constitutional framework and that minorities are empowered to preserve their language, script, and culture, as well as to establish and administer educational institutions of...
Right to Constitutional Remedies — [Part-III: Article 32 & Part-VI: Article 226]
Last Updated: 4 November 2025Dr. B. R. Ambedkar called Article 32 the “heart and soul of the Constitution.”It makes Fundamental Rights enforceable, transforming them from moral ideals into legal guarantees.It gives citizens the right to directly approach the Supreme Court for the protection of Fundamental Rights. “Where there is a right, there must be a remedy.” — Legal maxim:...
Directive Principles of State Policy (DPSPs) — [Part-IV: Article 36-51]
Last Updated: 4 November 20251. Introduction The Directive Principles of State Policy (DPSPs), contained in Part IV (Articles 36–51) of the Indian Constitution, represent the goals of social and economic democracy.They guide the State in making laws and policies aimed at establishing a Welfare State based on social justice, economic equality, and human dignity. “While Fundamental Rights ensure political...
Relationship between Fundamental Rights and Directive Principles of State Policy
Last Updated: 4 November 20251. Introduction The Indian Constitution seeks to harmonize Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV) as complementary instruments of governance. Fundamental Rights (FRs) → Ensure political democracy and protect individual liberty. Directive Principles (DPSPs) → Aim to achieve social and economic democracy through welfare legislation. “Parts III and IV are...
Fundamental Duties — [Part-IVA: Article 51A]
Last Updated: 4 November 20251. Introduction The Fundamental Duties were introduced by the 42nd Constitutional Amendment, 1976, on the recommendation of the Swaran Singh Committee, and are contained in Part IVA (Article 51A) of the Constitution.They represent the moral obligations of citizens to uphold national unity, integrity, and discipline—complementing the Fundamental Rights and Directive Principles. “If Fundamental Rights are...