Constitutional Laws in India

Framework for governance, justice, and fundamental rights

Definition

Constitutional law is the body of law that defines the role, powers, and structure of different entities within a state. In India, it refers to the Indian Constitution, which is the supreme law of the land and governs the functioning of the legislature, executive, and judiciary.

Features of the Indian Constitution

Written and Lengthy: One of the longest constitutions in the world.
Federal Structure: Division of powers between the Centre and States.
Parliamentary Democracy: Follows the Westminster model of government.
Secular and Socialist: Guarantees equal treatment of all religions and social justice.
Independent Judiciary: Ensures justice and rule of law.
Fundamental Rights: Protects individual liberty and equality.

Sources of the Constitution

Government of India Act, 1935
British Constitution (Parliamentary system, Rule of Law)
U.S. Constitution (Fundamental Rights, Judicial Review)
Irish Constitution (Directive Principles of State Policy)
Canadian Constitution (Federation with strong center)

Key Parts of the Indian Constitution

Preamble: States the ideals of the Constitution.
Part III: Fundamental Rights.
Part IV: Directive Principles of State Policy.
Part V: Union Government.
Part VI: State Government.
Schedules: Deal with specific provisions like languages, territories, etc.

Fundamental Rights

Right to Equality (Articles 14–18)
Right to Freedom (Articles 19–22)
Right against Exploitation (Articles 23–24)
Right to Freedom of Religion (Articles 25–28)
Cultural and Educational Rights (Articles 29–30)
Right to Constitutional Remedies (Article 32)

Landmark Constitutional Cases

Kesavananda Bharati v. State of Kerala (1973): Established the Basic Structure Doctrine of the Constitution.

Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21 (Right to Life and Liberty).

Minerva Mills v. Union of India (1980): Reaffirmed the importance of Fundamental Rights over Directive Principles.