Indian Constitutional Law

• Constitutional law defines the roles, powers, and structures of a state's entities, including the executive, legislature, and judiciary, and also the basic rights of citizens
• It establishes the fundamental principles governing a state
• Constitutional law protects individual rights and liberties

Constitutional Law of India

• India's Constitution is the country's supreme law
• The Constitution sets the framework for political principles, governmental structure, procedures, powers, duties, fundamental rights, directive principles, and citizen duties
• It is the world's lengthiest written national constitution
• The Constituent Assembly adopted it on November 26, 1949; it took effect on January 26, 1950
• India is declared a sovereign, socialist, secular, democratic republic in the Constitution, assuring its citizens justice, equality, and liberty, and promoting fraternity
• The constitution is a living document that makes the government system work
• It is dynamic and adapts to the nation's evolving needs

Key Features of the Indian Constitution

• Written and Enacted Constitution: The Indian Constitution is a comprehensive document framed and enacted by a Constituent Assembly
• Lengthiest Constitution: Originally containing 395 articles in 22 parts and 8 schedules, it has been amended to comprise 448 articles in 25 parts and 12 schedules
• Parliamentary Form of Government: India uses a parliamentary system with a nominal head of state (President) and a Council of Ministers headed by the Prime Minister holding real executive power
• Federal System with Unitary Bias: A federal government divides powers between Union and State Governments, but favors a strong Union Government
• Fundamental Rights: The Constitution guarantees rights like equality, free speech, religious freedom, cultural and educational rights, and constitutional remedies
• Directive Principles of State Policy: These are guidelines ensuring social and economic justice
• Fundamental Duties: Added in 1976, prescribing a code of citizen conduct
• Secular State: India is secular; the state has no official religion and treats all religions equally
• Independent Judiciary: An independent judiciary, with the Supreme Court at the top, protects the rule of law and settles disputes
• Universal Adult Franchise: Citizens 18+ can vote, without discrimination
• Single Citizenship: All Indian citizens have single, uniform citizenship
• Integrated Emergency Provisions: The Constitution includes provisions for handling emergencies like war or internal disturbance
• Amendment Procedure: A flexible amendment procedure allows changes while preserving the Constitution's basic structure

Basic Structure Doctrine

• The basic structure doctrine states that the Constitution has a fundamental structure that amendments cannot alter
• The Supreme Court propounded it in the Kesavananda Bharati case (1973)
• Basic features include: Constitutional supremacy, rule of law, judicial independence, separation of powers, sovereign democratic republic, parliamentary system, federal character, secularism, and fundamental rights
• This doctrine ensures that the Constitution's core principles remain intact

Fundamental Rights

• Part III of the Indian Constitution guarantees fundamental rights
• These rights are enforceable in court
• Right to Equality: Guarantees legal equality and prohibits discrimination based on religion, race, caste, gender, or birth place
• Right to Freedom: Includes freedom of speech, assembly, association, movement, and the right to practice any profession
• Right against Exploitation: Prohibits forced labor, human trafficking, and employing children under 14 in hazardous jobs
• Right to Freedom of Religion: Guarantees freedom of conscience and the right to practice and propagate religion freely
• Cultural and Educational Rights: Protects minorities' rights to conserve culture, language, script, and to administer their own educational institutions
• Right to Constitutional Remedies: Guarantees the right to approach the Supreme Court to enforce fundamental rights

Directive Principles of State Policy

• Part IV contains the Directive Principles of State Policy
• These are guidelines for the State when making laws and policies
• They are not enforceable in court, but the State should consider them when forming policies
• They aim to establish a welfare state and promote social and economic justice
• Important Directive Principles include securing adequate livelihoods, equal pay for equal work, protecting children and youth, organizing village panchayats, promoting cottage industries, and protecting the environment

Fundamental Duties

• The 42nd Amendment in 1976 added Fundamental Duties to the Constitution
• They are listed in Part IVA of the Constitution
• A list of 11 duties for citizens; moral obligations for citizens to promote patriotism and national unity
• Some duties include: abiding by the Constitution, cherishing freedom struggle ideals, upholding India's sovereignty, defending the country, promoting harmony, valuing our composite culture, protecting the environment, developing scientific temper, safeguarding public property, and striving for excellence

Amendment Procedure

• Article 368 details Parliament's power and procedure to amend the Constitution
• The Constitution can be amended by adding, changing, or repealing provisions
• An amendment can start in either House of Parliament
• A special majority is required to pass the Bill in each House: a majority of the total membership and at least two-thirds of the members present and voting
• Some amendments need ratification by at least half of State legislatures
• After passage in both Houses and state ratification (if needed), the Bill goes to the President for assent
• The President must assent to the Bill

Important Amendments

• First Amendment (1951): Added Ninth Schedule to protect land reform laws
• Seventh Amendment (1956): Reorganized States on a linguistic basis
• 42nd Amendment (1976): Made numerous changes, including adding Fundamental Duties
• 44th Amendment (1978): Reversed some changes from the 42nd Amendment
• 73rd and 74th Amendments (1992): Introduced Panchayati Raj and Municipalities
• 86th Amendment (2002): Made elementary education a Fundamental Right
• 101st Amendment (2016): Introduced the Goods and Services Tax (GST)