Introduction
The Constitution of India, 1950, is the supreme law of India that lays down the framework for the country’s governance. It defines the political structure, distribution of power, rights and duties of citizens, and ensures justice, liberty, equality, and fraternity among its people. Drafted by the Constituent Assembly and adopted on 26th November 1949, it came into effect on 26th January 1950.
Being the longest-written Constitution in the world, it consists of a Preamble, 22 Parts, 470 Articles, and 12 Schedules. Over time, it has undergone 105 amendments to accommodate socio-political changes.
This detailed guide covers all key provisions, landmark cases, multiple-choice questions (MCQs), and FAQs for law students preparing for the All India Bar Examination (AIBE).
1. The Preamble of the Indian Constitution
The Preamble serves as an introduction and reflects the philosophy and objectives of the Constitution.
Text of the Preamble:
*”We, the People of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens:
- Justice (Social, Economic, and Political)
- Liberty (of Thought, Expression, Belief, Faith, and Worship)
- Equality (of Status and Opportunity)
- Fraternity (Assuring the Dignity of the Individual and the Unity and Integrity of the Nation)”*
Landmark Case:
📌 Kesavananda Bharati v. State of Kerala (1973)
- Facts: The petitioner challenged the 24th Constitutional Amendment, arguing that it violated fundamental rights.
- Judgment: The Supreme Court introduced the Basic Structure Doctrine, stating that Parliament cannot amend the Constitution in a way that destroys its basic structure (e.g., democracy, secularism, federalism).
2. Fundamental Rights (Part III, Articles 12-35)
Fundamental Rights ensure civil liberties and protect individuals against state action.
- Right to Equality (Articles 14-18) – Prohibits discrimination and ensures equal protection of laws.
- Right to Freedom (Articles 19-22) – Guarantees speech, movement, and personal liberty.
- Right against Exploitation (Articles 23-24) – Prohibits forced labor and child exploitation.
- Right to Freedom of Religion (Articles 25-28) – Guarantees religious freedom.
- Cultural and Educational Rights (Articles 29-30) – Protects minority rights.
- Right to Constitutional Remedies (Article 32) – Allows individuals to approach the Supreme Court for the enforcement of fundamental rights.
Landmark Case:
📌 Maneka Gandhi v. Union of India (1978)
- Facts: Maneka Gandhi’s passport was confiscated without giving her a reason.
- Judgment: Expanded Article 21 (Right to Life & Liberty), stating that any restriction on liberty must be reasonable and fair.
3. Directive Principles of State Policy (DPSP) (Part IV, Articles 36-51)
DPSPs guide the state in policy-making for social and economic development. They are not enforceable in court but serve as the foundation for welfare legislation.
Landmark Case:
📌 Minerva Mills v. Union of India (1980)
- Facts: Challenged the 42nd Amendment, which limited judicial review.
- Judgment: Declared that DPSPs cannot override Fundamental Rights.
4. The Union & State Government (Part V & VI, Articles 52-167)
Defines the structure and powers of the President, Prime Minister, Parliament, Governors, and State Legislatures.
Landmark Case:
📌 SR Bommai v. Union of India (1994)
- Facts: State governments were dismissed under Article 356 (President’s Rule).
- Judgment: President’s Rule cannot be misused and is subject to judicial review.
5. The Judiciary (Part V, Articles 124-147)
Ensures an independent judicial system with:
- Supreme Court (Articles 124-147)
- High Courts (Articles 214-231)
- Subordinate Courts
Landmark Case:
📌 Indira Sawhney v. Union of India (1992)
- Facts: Challenged Mandal Commission’s 27% reservation for OBCs.
- Judgment: Upheld reservations but limited them to 50%.
6. Emergency Provisions (Articles 352-360)
Allows the government to impose an emergency in special cases:
- National Emergency (Article 352)
- State Emergency (Article 356)
- Financial Emergency (Article 360)
Landmark Case:
📌 ADM Jabalpur v. Shivkant Shukla (1976)
- Facts: Personal liberty was suspended during the Emergency of 1975.
- Judgment: Upheld government actions but later criticized.
MCQs on The Constitution of India
- Which Article provides the right to constitutional remedies?
a) Article 14
b) Article 19
c) Article 32 ✅
d) Article 44 - Which case introduced the Basic Structure Doctrine?
a) Golaknath v. State of Punjab
b) Kesavananda Bharati v. State of Kerala ✅
c) Minerva Mills v. Union of India
d) SR Bommai v. Union of India - Which Article allows the declaration of President’s Rule?
a) Article 352
b) Article 356 ✅
c) Article 360
d) Article 368
FAQs on The Constitution of India
Q1: Why is the Indian Constitution the longest written Constitution?
A1: Due to its detailed governance structure, diverse socio-political conditions, and extensive provisions on rights and duties.
Q2: What is the significance of Article 21?
A2: Ensures Right to Life and Liberty and has been broadly interpreted in cases like Maneka Gandhi v. Union of India.
Q3: Can the Preamble be amended?
A3: Yes, as seen in the 42nd Amendment (1976), which added “Socialist” and “Secular.”
Q4: What are the three types of emergencies in the Indian Constitution?
A4: National Emergency (Article 352), State Emergency (Article 356), and Financial Emergency (Article 360).
