The Constitution
of India, 1950
Adopted on 26 November 1949 · Effective 26 January 1950 · 395 Articles · 22 Parts · 12 Schedules · 104 Amendments
The supreme law of India. Contains Fundamental Rights enforceable against the State, Directive Principles guiding policy, federal distribution of powers, and the basic structure doctrine — the most powerful constitutional protection in the world.
Preamble
Original Text
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 of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Plain English Explanation
The Preamble is the introductory statement of the Constitution. It declares India to be a Sovereign Socialist Secular Democratic Republic. The Preamble sets out the fundamental values and guiding principles upon which the Constitution is based. It is considered the soul of the Constitution and helps in interpreting its provisions. The Supreme Court in Kesavananda Bharati v. State of Kerala (1973) held that the Preamble is part of the Constitution but is not enforceable in a court of law.
Landmark Cases
- —Kesavananda Bharati v. State of Kerala (1973)Preamble is part of the Constitution; Parliament cannot alter its basic structure.
- —SR Bommai v. Union of India (1994)Secularism is a basic feature of the Constitution.
- —Minerva Mills v. Union of India (1980)42nd Amendment (adding "socialist" and "secular") was valid but abridgement of fundamental rights in Part IV-A was struck down.
Key Words in the Preamble
Fundamental Rights
Articles 12–35 · Part III · Enforceable in court — Article 32 is the "heart and soul" of the Constitution
Equality Before Law
Article 14 guarantees two things: (1) Equality before law — the state cannot treat any person differently, (2) Equal protection of laws — persons in similar circumstances must be treated similarly. This article protects against arbitrary state action. However, it allows "reasonable classification" — the state can treat different groups differently if there is an intelligible differentia (clear distinction) and a rational nexus (logical connection) between that distinction and the object of the law. For example, different tax rates for different income groups are valid.
Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth
Article 15 prohibits discrimination by the State on grounds of religion, race, caste, sex, or place of birth. It also prohibits private discrimination in access to public places. However, it allows positive discrimination (reservation/affirmative action) for: women and children (Clause 3), socially and educationally backward classes, SCs and STs (Clause 4), and economically weaker sections (EWS — added by 103rd Amendment, 2019).
Equality of Opportunity in Matters of Public Employment
Article 16 guarantees equal opportunity in government employment. No discrimination in government jobs on the basis of religion, race, caste, sex, descent, place of birth, or residence. However, reservations for SCs, STs, and OBCs in government employment are permitted under Clause (4). The Supreme Court in Indra Sawhney v. Union of India (1992) upheld the Mandal Commission recommendations but capped total reservations at 50% (subject to exceptions for extraordinary circumstances).
Abolition of Untouchability
Article 17 completely abolishes untouchability. Unlike other Fundamental Rights, this is an absolute right with no exceptions. The Practice of Untouchability Act (now known as the Protection of Civil Rights Act, 1955) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 implement this article. This is one of the most transformative provisions of the Constitution, directly targeting the caste system.
Protection of Certain Rights Regarding Freedom of Speech, etc.
Article 19 is the heart of civil liberties in India. It guarantees six freedoms to citizens: speech and expression, peaceful assembly (without arms), forming associations, free movement, residence anywhere in India, and freedom of profession/trade/business. All these rights are subject to "reasonable restrictions" by the State on specified grounds (public order, decency, morality, sovereignty etc.). The right to property was originally in Article 19(1)(f) but was removed by the 44th Amendment (1978).
Protection in Respect of Conviction for Offences
Article 20 provides three protections for accused persons: (1) Ex-post-facto law protection — no criminal punishment for an act that was not a crime when committed, and no harsher punishment than what existed at the time, (2) Double jeopardy — no person can be tried twice for the same offence, (3) Self-incrimination protection — no person can be forced to testify against themselves. Unlike Articles 21 and 22, Article 20 cannot be suspended even during National Emergency.
Protection of Life and Personal Liberty
Article 21 is the most expansive and dynamic fundamental right. It guarantees the right to life and personal liberty. Initially interpreted narrowly (A.K. Gopalan, 1950), the Supreme Court vastly expanded its scope in Maneka Gandhi v. Union of India (1978) to require that any procedure depriving life/liberty must be "just, fair and reasonable." Today Article 21 includes the right to: livelihood, privacy (K.S. Puttaswamy, 2017), education, health, clean environment, speedy trial, legal aid, dignity, reputation, and shelter.
Right to Education
Article 21A guarantees the right to free and compulsory education to children between 6 and 14 years. Added by the 86th Constitutional Amendment, 2002. This led to the Right to Education Act (RTE), 2009. Children in this age group must be provided free education in neighbourhood schools. Private schools must reserve 25% seats for economically weaker sections.
Protection Against Arrest and Detention in Certain Cases
Article 22 provides procedural safeguards upon arrest: (1) Right to be informed of grounds of arrest, (2) Right to consult a lawyer, (3) Right to be produced before a magistrate within 24 hours. However, these protections do NOT apply to: persons arrested under preventive detention laws (UAPA, NSA, etc.) or enemy aliens. Articles 22(4) to 22(7) deal specifically with preventive detention.
Prohibition of Traffic in Human Beings and Forced Labour
Article 23 prohibits human trafficking, begar (forced labour without payment), and all other forms of forced labour. This right is available against both the state and private individuals. The Bonded Labour System (Abolition) Act, 1976 and the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill implement this article. The Supreme Court in People's Union for Democratic Rights v. Union of India (1982) held that payment of below-minimum wage also amounts to forced labour.
Prohibition of Employment of Children in Factories, etc.
Article 24 prohibits employment of children below 14 years in factories, mines, or hazardous work. After the 86th Amendment (2002), this article must be read with Articles 21A and 45. The Child Labour (Prohibition and Regulation) Amendment Act, 2016 extended the prohibition to all occupations for children below 14, and to hazardous industries for those below 18 years.
Freedom of Conscience and Free Profession, Practice and Propagation of Religion
Article 25 guarantees freedom of religion — the right to have, practice, and spread one's religion. This includes the right to proselytise (convert others). The Supreme Court in Rev. Stainislaus v. State of Madhya Pradesh (1977) held that the right to propagate does not include the right to convert by force, fraud or allurement. The state can regulate secular activities associated with religion (temple entry, administration of religious endowments).
Remedies for Enforcement of Rights Conferred by this Part
Article 32 is called the "heart and soul of the Constitution" (Dr. B.R. Ambedkar). It gives citizens the right to approach the Supreme Court directly if their fundamental rights are violated. The Supreme Court can issue five types of writs: (1) Habeas Corpus — produce the body (unlawful detention), (2) Mandamus — command to perform public duty, (3) Prohibition — stop inferior court from exceeding jurisdiction, (4) Certiorari — quash order of inferior court, (5) Quo Warranto — show authority for holding public office.
Directive Principles of State Policy
Articles 36–51 · Part IV · Not enforceable in court, but fundamental in governance
All 22 Parts
Browse the Constitution by Part
The Union and its Territory
Arts 1–4
Citizenship
Arts 5–11
Fundamental Rights
Arts 12–35
Directive Principles of State Policy
Arts 36–51
Fundamental Duties
Arts 51A
The Union
Arts 52–151
The States
Arts 152–237
The States in Part B of the First Schedule
Arts 238
The Union Territories
Arts 239–242
The Panchayats
Arts 243–243O
The Municipalities
Arts 243P–243ZG
The Co-operative Societies
Arts 243ZH–243ZT
The Scheduled and Tribal Areas
Arts 244–244A
Relations between the Union and the States
Arts 245–263
Finance, Property, Contracts and Suits
Arts 264–300A
Trade, Commerce and Intercourse within India
Arts 301–307
Services under the Union and the States
Arts 308–323
Tribunals
Arts 323A–323B
Elections
Arts 324–329A
Special Provisions Relating to Certain Classes
Arts 330–342A
Official Language
Arts 343–351
Emergency Provisions
Arts 352–360
Miscellaneous
Arts 361–367
Amendment of the Constitution
Arts 368
Temporary, Transitional and Special Provisions
Arts 369–392
Short Title, Commencement, Authoritative Text in Hindi and Repeals
Arts 393–395
Key Articles
Most referenced articles in legal practice
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Schedule a ConsultationThe text of the Constitution of India is in the public domain under S.52(1)(q) of the Copyright Act, 1957 (government works). This reference includes plain English explanations and case citations added by Corpus Juris Legal for educational purposes.