Notes for Constitutional Law

The Constitution of India, adopted on 26 November 1949 and effective 26 January 1950, is the world's longest written constitution. The Preamble declares India a Sovereign, Socialist, Secular, Democratic Republic securing justice, liberty, equality, and fraternity.

Fundamental Rights (Part III, Arts. 12–35) are justiciable: equality (14–18), freedoms (19–22), against exploitation (23–24), religion (25–28), cultural and educational rights (29–30), and constitutional remedies (32). Article 21 — life and personal liberty — was widened in Maneka Gandhi to require fair, just, and reasonable procedure.

Directive Principles (Part IV) guide State policy but are non-justiciable, while Fundamental Duties (Art. 51A) were added by the 42nd Amendment.

The government has three organs — Legislature (Parliament: Lok Sabha and Rajya Sabha), Executive (President, PM, Council of Ministers), and Judiciary (Supreme Court, High Courts). India follows a quasi-federal structure with a strong Centre and division of powers under the Seventh Schedule.

Writs under Articles 32 and 226 — habeas corpus, mandamus, prohibition, certiorari, quo warranto — enforce rights.

Amendment (Art. 368): Parliament may amend the Constitution, but Kesavananda Bharati (1973) established the Basic Structure Doctrine — the basic structure cannot be destroyed. The Doctrine of Severability saves valid portions of laws partly struck down.