fullscreen
ImpactMojoIndian Constitution 101www.impactmojo.in
ImpactMojo 101 Series · Free Forever
Indian
Constitution
101
The Making, the Structure & the Living Practice of the Constitution of India — a Foundational Course for Practitioners, Students & Citizens
Constitution of IndiaRights-Based100 SlidesFree Access
CC BY-NC-ND 4.0 · ImpactMojo 101 Series01www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Agenda
What We Cover
01
What a Constitution Is & How India's Was Made
Slides 3–10
02
The Preamble & Its Values
Slides 11–19
03
Fundamental Rights I: Equality & Freedoms
Slides 20–28
04
Fundamental Rights II: Protection, Remedies
Slides 29–36
05
Directive Principles & Fundamental Duties
Slides 37–45
06
The Union Government & Its Structure
Slides 46–53
07
Federalism: Union, States & the Schedules
Slides 54–62
08
The Judiciary & Judicial Review
Slides 63–71
09
Local Self-Government
Slides 72–79
10
Amending the Constitution
Slides 80–89
11
Constitutionalism in Practice
Slides 90–99
CC BY-NC-ND 4.0 · ImpactMojo 101 Series02www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
01
Section One
What a Constitution Is & How India's Was Made
CC BY-NC-ND 4.0 · ImpactMojo 101 Series03www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Definition
What is a constitution?
A constitution is the supreme law of a country — the rulebook that creates the government, distributes power among its organs, and limits what the state may do to the people. Every other law must conform to it.
Constitution
The fundamental, highest-ranking body of law that establishes the framework of government, defines the relationship between the state and the citizen, and guarantees rights. Ordinary laws that conflict with it are void.
A constitution is not just a legal document. It is a political and moral charter — a promise a nation makes to itself about how power will be held and limited.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series04www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Why It Matters
Two jobs every constitution does
Empowers
  • Creates Parliament, executive, judiciary
  • Gives the state authority to govern
  • Sets out how laws are made
  • Defines who exercises which power
Limits
  • Guarantees rights against the state
  • Subjects all organs to the rule of law
  • Allows courts to strike down bad laws
  • Caps even the majority's power
A constitution both gives power and fences it. The fence is what protects the citizen from the very state the constitution creates.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series05www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Backdrop
From colonial rule to a sovereign republic
British India was governed by a succession of colonial statutes, the last being the Government of India Act, 1935. With independence on 15 August 1947, India had to author its own constitution — a law made by Indians, for Indians.
The 1935 Act left a deep imprint: much of the administrative and federal machinery of the Constitution borrows from it — but now answerable to the people, not the Crown.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series06www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Body
The Constituent Assembly, 1946–49
The Constituent Assembly was the body that drafted the Constitution. It first met in December 1946 and worked for nearly three years, debating clause by clause in the open.
1946
First sitting of the Constituent Assembly
~3 yrs
Time taken to draft and debate the text
Many
Members across regions, communities & views
Dr. Rajendra Prasad was the Assembly's President; Jawaharlal Nehru moved the foundational Objectives Resolution that became the seed of the Preamble.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series07www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Architect
B.R. Ambedkar and the Drafting Committee
Dr. B.R. Ambedkar chaired the seven-member Drafting Committee that prepared the text for the Assembly. A jurist, economist and leader of the anti-caste movement, he is widely regarded as the chief architect of the Constitution.
However good a constitution may be, it is sure to turn out bad because those who are called to work it happen to be a bad lot.
— B.R. Ambedkar, Constituent Assembly, 25 November 1949
CC BY-NC-ND 4.0 · ImpactMojo 101 Series08www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Adoption
Adopted 1949, in force 1950
01
DRAFTED: Constituent Assembly debates, 1946–49
→
02
ADOPTED: 26 November 1949 (now Constitution Day)
→
03
COMMENCED: in force 26 January 1950 (Republic Day)
→
04
RESULT: India becomes a sovereign democratic republic
Mind the two dates: the Constitution was adopted on 26 November 1949 but came into force on 26 January 1950. 26 January was chosen to honour the 1930 'Purna Swaraj' pledge of complete independence.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series09www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Scale
The world's longest written constitution
As originally enacted the Constitution of India had a Preamble, around 395 Articles grouped into Parts, and several Schedules — making it the longest written constitution of any sovereign country. It has grown since through amendments.
~395
Articles at adoption (more added since)
8
Schedules at adoption (now 12)
Longest
Written constitution of any nation
Its length reflects ambition: it governs a vast, diverse federation and spells out detail other constitutions leave to ordinary law.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series10www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
02
Section Two
The Preamble & Its Values
CC BY-NC-ND 4.0 · ImpactMojo 101 Series11www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Opening
“We, the People of India…”
The Constitution opens with a Preamble — a short statement of its source, purpose and guiding values. Its first words, 'We, the People of India', locate sovereignty in the people, not in a monarch or a colonial power.
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC…
— Preamble to the Constitution of India
CC BY-NC-ND 4.0 · ImpactMojo 101 Series12www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Source
Sovereignty rests with the people
By beginning with the people, the Preamble makes a radical claim for its time: the Constitution does not flow down from a ruler — it flows up from the governed, who give it to themselves.
Popular sovereignty
The principle that ultimate political authority belongs to the people, who are the source of the state's legitimacy and who constitute the government through the Constitution.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series13www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Republic
Sovereign, Socialist, Secular, Democratic, Republic
WordWhat it means
SovereignFree from external control; supreme in its own affairs
SocialistCommitted to social & economic justice and reduced inequality
SecularNo state religion; equal treatment of all faiths
DemocraticGovernment by the people through universal adult franchise
RepublicAn elected head of state — no hereditary monarch
'Socialist' and 'Secular' were not in the original text — they were added by the 42nd Amendment in 1976. The values, though, were present from the start.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series14www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Goals
Justice, Liberty, Equality, Fraternity
Justice
Social, economic and political
Liberty
Of thought, expression, belief, faith and worship
Equality
Of status and of opportunity
Fraternity
Assuring dignity of the individual & unity of the nation
These four were drawn, in spirit, from the ideals of the French Revolution — but reworked for India's own struggle against caste, colonialism and inequality.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series15www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Fraternity
Dignity of the individual is the keystone
Ambedkar singled out fraternity — a sense of common brotherhood and sisterhood — as essential. Without it, he warned, liberty and equality could not be sustained in a society scarred by caste.
Without fraternity, liberty and equality could not become a natural course of things. It would require a constable to enforce them.
— B.R. Ambedkar
CC BY-NC-ND 4.0 · ImpactMojo 101 Series16www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Legal Status
Is the Preamble enforceable?
Not a source of power
The Preamble itself grants no powers and creates no enforceable rights — you cannot sue on the Preamble alone.
But a guide
Courts use it as a key to interpret ambiguous provisions and to understand the Constitution's purpose and spirit.
The Supreme Court has held that the Preamble is a part of the Constitution and reflects its basic features — so even it cannot be amended to destroy those features.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series17www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Secularism
Indian secularism: principled distance
Indian secularism does not mean a strict wall between religion and state. It means the state has no religion of its own, treats all faiths equally, and may intervene to reform religious practice in the name of rights and equality.
This is why the state can both protect religious freedom (Articles 25–28) and outlaw practices like untouchability — a model scholars call 'principled distance'.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series18www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Why It Endures
The Preamble as a compass
For a practitioner, the Preamble is a moral compass. When a policy or programme is debated, it can be tested against four words: does it advance justice, liberty, equality and fraternity?
Rights-based development draws directly on this vocabulary. The Preamble turns abstract goals into a shared, citable standard.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series19www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
03
Section Three
Fundamental Rights I: Equality & Freedoms
CC BY-NC-ND 4.0 · ImpactMojo 101 Series20www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Part III
Fundamental Rights, the heart of Part III
Part III of the Constitution guarantees Fundamental Rights — rights so basic they are protected against the state itself and enforceable in court. They are the citizen's shield.
Fundamental Rights
Justiciable rights guaranteed in Part III (Articles 12–35) that the state cannot ordinarily violate; a person may approach the courts directly if they are infringed.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series21www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Six Families
Six broad categories of rights
RightArticlesCovers
Right to Equality14–18Equality before law, non-discrimination
Right to Freedom19–22Speech, movement, life & liberty
Against Exploitation23–24No trafficking, forced or child labour
Freedom of Religion25–28Conscience, practice, propagation
Cultural & Educational29–30Minority language & institutions
Constitutional Remedies32The right to enforce all the rest
We take equality and freedoms first (Articles 14–22); the rest follow in the next section.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series22www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Article 14
Equality before the law
Article 14 guarantees to every person 'equality before the law and the equal protection of the laws'. No one — not even the government — is above the law, and like cases must be treated alike.
Equality is not blind sameness. The state may make reasonable classifications — for example, special measures for the disadvantaged — so long as the distinction is rational and serves a legitimate aim.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series23www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Articles 15–16
No discrimination; equal opportunity
Article 15
No discrimination on grounds of religion, race, caste, sex or place of birth — and permits special provision for women, children and backward classes.
Article 16
Equality of opportunity in public employment, while allowing reservation for under-represented backward classes.
These articles are the constitutional basis for affirmative action — reservations are not an exception to equality but a tool to achieve real, substantive equality.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series24www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Articles 17–18
Abolishing untouchability and titles
Article 17
Abolishes 'untouchability' and forbids its practice in any form — an offence punishable by law
Article 18
Abolishes titles (except military and academic distinctions)
Article 17 is one of the Constitution's most radical clauses: it directly outlaws a centuries-old social practice — binding not just the state but every person.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series25www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Article 19
Six freedoms — and reasonable limits
  • Freedom of speech and expression
  • Freedom to assemble peaceably and without arms
  • Freedom to form associations or unions
  • Freedom to move freely throughout India
  • Freedom to reside and settle anywhere in India
  • Freedom to practise any profession, occupation, trade
None of these is absolute. The state may impose reasonable restrictions — for sovereignty, public order, decency, and similar grounds — but the restriction must be reasonable, and courts decide if it is.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series26www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Articles 20–22
Liberty, life, and protection from arrest
ArticleProtects
20Against arbitrary conviction — no retrospective crimes, no double jeopardy, no self-incrimination
21Right to life and personal liberty — expanded by courts into dignity, privacy, health, environment
21ARight to free and compulsory education, ages 6–14
22Safeguards on arrest and detention — with debated exceptions for preventive detention
Article 21 is the engine of modern rights jurisprudence: courts have read into 'life and personal liberty' a vast family of unstated rights, from a clean environment to privacy.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series27www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Article 21 Expanded
How 'life' grew into dignity
Originally read narrowly, Article 21 was transformed by the courts after the 1970s. 'Life' came to mean a life with dignity — not mere animal existence — and 'procedure established by law' had to be just, fair and reasonable.
  • Right to live with human dignity
  • Right to livelihood, shelter and health
  • Right to a clean environment
  • Right to privacy (recognised in 2017)
CC BY-NC-ND 4.0 · ImpactMojo 101 Series28www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
04
Section Four
Fundamental Rights II: Protection, Remedies
CC BY-NC-ND 4.0 · ImpactMojo 101 Series29www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Articles 23–24
Right against exploitation
Article 23
Prohibits human trafficking, 'begar' and other forms of forced labour. The basis for laws against bonded labour.
Article 24
Prohibits employment of children below 14 in factories, mines and other hazardous work.
For development practitioners, these articles underpin anti-trafficking work, bonded-labour rehabilitation and child-protection programmes — constitutional, not merely statutory, commitments.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series30www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Articles 25–28
Freedom of religion
  • Article 25: freedom of conscience and to profess, practise and propagate religion, subject to public order, morality and health
  • Article 26: freedom to manage religious affairs
  • Article 27: no one may be taxed to promote a particular religion
  • Article 28: limits on religious instruction in state-funded educational institutions
These rights belong to individuals and communities alike — and, crucially, are subject to the state's power to advance social welfare and reform.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series31www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Articles 29–30
Cultural and educational rights
Articles 29 and 30 protect minorities. Any section of citizens may conserve its distinct language, script or culture; and religious and linguistic minorities may establish and administer educational institutions of their choice.
These are sometimes called the Constitution's promise to diversity — that majority rule will not mean the erasure of minority identity, language or learning.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series32www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Article 32
The right to constitutional remedies
Article 32 gives every person the right to move the Supreme Court directly to enforce the Fundamental Rights. A right without a remedy is hollow — Article 32 is the remedy that makes all the others real.
If I was asked to name any particular article in this Constitution as the most important — an article without which this Constitution would be a nullity — I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it.
— B.R. Ambedkar, on Article 32
CC BY-NC-ND 4.0 · ImpactMojo 101 Series33www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Writs
Five writs the courts can issue
WritWhat it does
Habeas Corpus'Produce the body' — challenge unlawful detention
Mandamus'We command' — order an authority to do its legal duty
ProhibitionStop a lower court exceeding its jurisdiction
CertiorariQuash an order passed without jurisdiction or in error
Quo Warranto'By what authority?' — challenge a public office-holder
The Supreme Court (Article 32) and the High Courts (Article 226) can issue these writs — High Court writ power is even wider, covering legal rights beyond Fundamental Rights.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series34www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Reasonable Limits
Rights are strong, but not unlimited
Fundamental Rights can be subject to reasonable restrictions and, in defined circumstances, suspended during a national emergency — though after the experience of the 1975–77 Emergency, the safeguards around this were tightened.
The lesson the courts drew: a restriction on a fundamental right must be tested for whether it is fair, reasonable and proportionate — not merely whether a law authorises it.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series35www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Practitioner Lens
Why rights literacy matters in the field
  • A denial of rations or wages can be a violation of the right to life and livelihood
  • Caste-based exclusion engages Articles 15 and 17, not just social custom
  • Detention and policing of the poor engage Articles 21 and 22
  • A writ petition can be a faster remedy than a long civil suit
You do not need to be a lawyer to spot a rights violation — but knowing the article gives a complaint constitutional weight.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series36www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
05
Section Five
Directive Principles & Fundamental Duties
CC BY-NC-ND 4.0 · ImpactMojo 101 Series37www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Part IV
Directive Principles of State Policy
Part IV sets out the Directive Principles of State Policy (DPSP) — goals the state should strive toward in making laws and policy: a welfare state, social justice and a decent life for all.
Directive Principles
Guidelines in Part IV (Articles 36–51) directing the state to secure social and economic justice. They shape policy but, unlike Fundamental Rights, cannot by themselves be enforced in court.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series38www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Non-Justiciable
Rights you can sue on; principles you cannot
Fundamental Rights
Justiciable. Enforceable in court; the state must not violate them.
Directive Principles
Non-justiciable. Not directly enforceable, but 'fundamental in the governance of the country'.
Ambedkar's design: rights set limits the state cannot cross; principles set a direction the state should travel. One is a wall, the other a road.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series39www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Examples
What the Directive Principles ask for
  • Adequate means of livelihood and fair distribution of resources
  • Equal pay for equal work; protection of workers and children
  • Free and compulsory education for children (since reinforced as a right)
  • Public health, nutrition and a rising standard of living
  • Promotion of village panchayats and cottage industries
  • Protection of the environment, forests and wildlife
CC BY-NC-ND 4.0 · ImpactMojo 101 Series40www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
From Principle to Right
How directives become enforceable
Though not directly enforceable, Directive Principles have repeatedly inspired enforceable law and judicial interpretation. The directive on education, for instance, helped the courts read education into the right to life — later made explicit as Article 21A.
01
DIRECTIVE: state should provide for education (Part IV)
→
02
COURTS: read it into Article 21's right to life
→
03
AMENDMENT: Article 21A added (86th Amendment, 2002)
→
04
STATUTE: Right to Education Act, 2009
CC BY-NC-ND 4.0 · ImpactMojo 101 Series41www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Tension
When rights and principles collide
Land reform and social-justice laws (driven by Directive Principles) sometimes clashed with property and equality rights. This tension drove some of the Constitution's biggest battles — and several amendments — over which should prevail.
The settled position today: the state should harmonise the two, and may pursue Directive Principles — but not by destroying the basic structure of the Constitution.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series42www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Part IV-A
Fundamental Duties of citizens
The 42nd Amendment (1976) added Part IV-A and Article 51A, listing the Fundamental Duties of every citizen — the responsibilities that accompany rights.
Fundamental Duties
Moral obligations of citizens listed in Article 51A — such as respecting the Constitution, safeguarding public property and protecting the environment. Like Directive Principles, they are not directly enforceable.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series43www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Examples
Some duties Article 51A asks of us
  • Abide by the Constitution and respect its ideals and institutions
  • Cherish the ideals of the freedom struggle
  • Uphold the sovereignty, unity and integrity of India
  • Promote harmony and the spirit of common brotherhood
  • Protect and improve the natural environment
  • Develop the scientific temper, humanism and the spirit of inquiry
CC BY-NC-ND 4.0 · ImpactMojo 101 Series44www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Balance
Rights, principles and duties as one whole
Read together, the three parts form a balanced design: Fundamental Rights protect the individual, Directive Principles direct the state toward justice, and Fundamental Duties remind citizens of their share in the project.
A constitution is not only a list of entitlements. It is a compact — the state, the courts and the citizen each carry part of the load.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series45www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
06
Section Six
The Union Government & Its Structure
CC BY-NC-ND 4.0 · ImpactMojo 101 Series46www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Model
A parliamentary, federal democracy
India is a parliamentary democracy: the real executive (the Prime Minister and Council of Ministers) is drawn from and accountable to the legislature, while the President is the constitutional head of state.
This 'Westminster' model was adapted from Britain — but set within a written, supreme constitution and a federal structure, which Britain has neither of.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series47www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Three Organs
Legislature, executive, judiciary
THE CONSTITUTIONLEGISLATUREMakes the lawEXECUTIVEImplements the lawJUDICIARYInterprets the lawSeparation of powers with checks & balances — each organ limits the othersIllustrative diagram
CC BY-NC-ND 4.0 · ImpactMojo 101 Series48www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Parliament
Two Houses make the Union legislature
Lok Sabha
The 'House of the People'. Directly elected; represents the population; the government must keep its confidence.
Rajya Sabha
The 'Council of States'. Indirectly elected; represents the states; a permanent House that is never fully dissolved.
Two Houses serve two purposes: the Lok Sabha voices the people; the Rajya Sabha voices the states and adds a chamber of second thought.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series49www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Composition
Strength of the two Houses
Approximate maximum strength of each House (illustrative)
Illustrative — approximate constitutional maxima
The Lok Sabha is far larger and directly elected — which is why the government is made and unmade there, not in the Rajya Sabha. Figures shown are approximate maxima, not current strength.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series50www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Executive
President, Prime Minister, Council of Ministers
OfficeRole
PresidentConstitutional head of state; acts on the advice of the Council of Ministers
Prime MinisterHead of government; leads the Council; commands the Lok Sabha majority
Council of MinistersRuns the departments; collectively responsible to the Lok Sabha
Vice-PresidentEx-officio Chairperson of the Rajya Sabha
Key point: the President is a nominal executive who, by convention and constitutional rule, acts on ministerial advice. Real executive power sits with the PM and Cabinet.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series51www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
How a Bill Becomes Law
The path of legislation
Bill introducedin a HouseDebate &committee, votePassed bythe other HousePresident'sassentBecomesan Act→→→→Both Houses must agree; Money Bills follow a special route favouring the Lok SabhaIllustrative — simplified path of an ordinary Bill
CC BY-NC-ND 4.0 · ImpactMojo 101 Series52www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Separation of Powers
Checks and balances, Indian style
India does not have a rigid separation of powers like the United States. The executive sits inside the legislature. But the judiciary is independent, and judicial review keeps both the legislature and executive within constitutional limits.
The balance is dynamic: each organ checks the others. An independent judiciary is the keystone — it can strike down both unconstitutional laws and unlawful executive action.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series53www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
07
Section Seven
Federalism: Union, States & the Schedules
CC BY-NC-ND 4.0 · ImpactMojo 101 Series54www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Federalism
Power shared between two levels
India is a federation: governing power is divided between a national Union government and the State governments, each with its own sphere set by the Constitution — not by the goodwill of the other.
Federalism
A system in which sovereignty is constitutionally shared between a central government and regional (state) governments, each supreme in its own assigned domain.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series55www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Seventh Schedule
Three lists divide the subjects
Approximate number of entries in each legislative list (illustrative)
Illustrative — Seventh Schedule, approximate counts
The Seventh Schedule splits subjects into three lists. Entry counts have shifted over time; figures here are approximate and illustrative.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series56www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Three Lists
Who legislates on what
ListWho legislatesExamples
Union ListParliament onlyDefence, foreign affairs, currency, railways
State ListState legislaturesPolice, public health, agriculture, land
Concurrent ListBoth (Union prevails if clash)Education, forests, marriage, criminal law
If a Union and State law on a Concurrent subject conflict, the Union law generally prevails. Residuary powers — subjects on no list — rest with the Union.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series57www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Quasi-Federal
A federation with a strong Centre
Scholars call India quasi-federal or a 'holding-together' federation: federal in normal times, but tilted toward the Centre, which can become dominant in an emergency or where the Constitution gives it overriding power.
The Constitution even avoids the word 'federation'. Article 1 calls India a 'Union of States' — deliberately signalling an indissoluble whole, not a pact states may leave.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series58www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Holding Together
Why India chose a strong Centre
Drafted in the shadow of Partition, the Constitution prized unity. A strong Centre was a deliberate choice to hold a diverse, newly independent nation together against fragmentation.
The trade-off is real and live: a Centre strong enough to hold the nation together can also crowd the states. Indian federalism is a continuing negotiation, not a fixed line.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series59www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Cooperative Federalism
Working across levels
In practice, much governance is cooperative: the Union and states share revenue, plan together and run joint schemes. Bodies for fiscal sharing and inter-state coordination smooth the overlaps.
For practitioners, this matters: a single programme often involves Union funds, state implementation and local delivery — three levels that must align.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series60www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Emergencies
Three kinds of emergency provision
TypeTrigger (broadly)
National emergencyWar, external aggression or armed rebellion
State emergency (President's Rule)Breakdown of constitutional machinery in a state
Financial emergencyA threat to the financial stability of India
Emergencies let the Centre concentrate power — which is why they are hedged with safeguards. The 1975–77 national emergency led to amendments strengthening the limits on this power.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series61www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Asymmetry
Federalism is not one-size-fits-all
Indian federalism is asymmetric: some states and areas have special constitutional arrangements recognising distinct histories and tribal self-governance, alongside Union Territories administered differently from states.
Special schedules protect tribal areas and their customary governance — a reminder that equal citizenship can coexist with tailored institutions for distinct communities.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series62www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
08
Section Eight
The Judiciary & Judicial Review
CC BY-NC-ND 4.0 · ImpactMojo 101 Series63www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
One System
A single, integrated judiciary
Unlike some federations, India has a single integrated judiciary: the Supreme Court at the apex, High Courts in the states, and subordinate courts below — one ladder applying both Union and state law.
Supreme Court
Apex court; guardian of the Constitution
High Courts
Top court in each state / group of states
Subordinate
District and lower courts
CC BY-NC-ND 4.0 · ImpactMojo 101 Series64www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Independence
An independent judiciary
Judicial independence is protected by the Constitution: security of tenure, salaries charged on the Consolidated Fund, and a difficult removal process insulate judges from pressure by the government of the day.
Independence is not a privilege for judges — it is a guarantee for citizens. Only a fearless court can hold a powerful executive to the Constitution.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series65www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Judicial Review
Courts can strike down bad laws
Judicial review
The power of the courts to examine laws and executive actions and to declare them void if they violate the Constitution. It makes the Constitution genuinely supreme.
Because the Constitution is the highest law, any statute that conflicts with it is, to that extent, void. Judicial review is the mechanism that enforces that supremacy.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series66www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Access
Original, appellate and advisory roles
  • Original jurisdiction: disputes between the Union and states, and Article 32 rights petitions
  • Appellate jurisdiction: appeals from the High Courts in constitutional, civil and criminal matters
  • Advisory jurisdiction: the President may seek the Court's opinion on questions of law
  • Writ jurisdiction: enforcing Fundamental Rights
CC BY-NC-ND 4.0 · ImpactMojo 101 Series67www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
PILs
Public Interest Litigation opens the courthouse door
Public Interest Litigation (PIL) relaxed the old rule that only the directly affected person could sue. Now a public-spirited individual or group can approach the court on behalf of those too poor or marginalised to do so themselves.
PIL transformed access to justice on issues like bonded labour, prison conditions, environment and the right to food — a powerful tool, used responsibly, for rights-based work.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series68www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Big Question
Can Parliament amend any part it likes?
A defining struggle in Indian constitutional history asked: is Parliament's power to amend the Constitution unlimited? Could it amend away even the Fundamental Rights, or the Constitution's core itself?
The answer, reached in 1973, reshaped the balance between Parliament and the courts — and protects the Constitution from being rewritten beyond recognition.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series69www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Kesavananda Bharati
The Basic Structure doctrine, 1973
In Kesavananda Bharati (1973), the Supreme Court held that Parliament can amend the Constitution — but cannot alter or destroy its 'basic structure'. Some core features lie beyond the reach of any amendment.
The amending power cannot be used to destroy or abrogate the basic structure or framework of the Constitution.
— the principle of Kesavananda Bharati v. State of Kerala (1973)
CC BY-NC-ND 4.0 · ImpactMojo 101 Series70www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Basic Structure
What counts as the 'basic structure'?
The Court has never fixed a closed list, but features repeatedly recognised as part of the basic structure include:
  • Supremacy of the Constitution and the rule of law
  • Separation of powers and judicial review
  • Federalism and secularism
  • Free and fair elections; democratic government
  • The essence of Fundamental Rights
The doctrine is a safety catch: it lets the Constitution evolve through amendment while guarding the identity that makes it this Constitution.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series71www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
09
Section Nine
Local Self-Government
CC BY-NC-ND 4.0 · ImpactMojo 101 Series72www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Third Tier
Government closest to the people
Beyond the Union and the states lies a third tier: elected local government. Until 1992 it was weak and discretionary; two amendments made it a constitutional mandate — bringing democracy down to the village and the ward.
Local self-government is where most citizens actually meet the state — for water, roads, sanitation, schools and welfare. Its strength shapes everyday rights.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series73www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
73rd & 74th
The 1992 amendments that created the third tier
73rd Amendment
Constitutionalises Panchayati Raj — rural local government — with the new Part IX.
74th Amendment
Constitutionalises Municipalities — urban local government — with the new Part IX-A.
Together, the 73rd and 74th Amendments (1992) made local elections mandatory and gave local bodies constitutional standing — one of the largest experiments in grassroots democracy anywhere.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series74www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Three Tiers
Panchayats at village, block and district
01
GRAM PANCHAYAT: the village level
→
02
PANCHAYAT SAMITI: the intermediate / block level
→
03
ZILA PARISHAD: the district level
Smaller states may have fewer tiers. The structure mirrors the federal idea — nested levels, each elected, each with its own sphere.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series75www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Gram Sabha
The Gram Sabha: direct democracy
Gram Sabha
The assembly of all adult voters of a village — the deliberative body to which the elected Gram Panchayat is answerable. A rare instance of direct, not merely representative, democracy.
The Gram Sabha approves plans, selects beneficiaries and audits spending. Active Gram Sabhas are a frontline tool for transparency and accountability in development.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series76www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Reservations
Reservations in local government
The amendments require reservation of seats for Scheduled Castes and Scheduled Tribes in proportion to their population, and for women — including reservation of the office of chairperson.
Many states reserve a third or more of seats for women, bringing large numbers of women into elected office — a major, if uneven, shift in who holds local power.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series77www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Functions & Finance
Powers on paper vs power in practice
Mandate
The Eleventh and Twelfth Schedules list subjects states may devolve — from water and sanitation to primary education and welfare.
Reality
Devolution of funds, functions and functionaries varies widely; many local bodies remain under-resourced.
The famous '3 Fs': real local power needs funds, functions and functionaries together. Seats without resources are influence without power.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series78www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Tribal Areas
PESA and self-rule in Scheduled Areas
In tribal Scheduled Areas, a special law extends Panchayati Raj with stronger powers for the Gram Sabha — recognising customary self-governance and giving communities a say over local resources.
This is local self-government adapted to context: it strengthens tribal communities' control over their land, forests and decisions, consistent with the Constitution's protective provisions.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series79www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
10
Section Ten
Amending the Constitution
CC BY-NC-ND 4.0 · ImpactMojo 101 Series80www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
A Living Document
Built to change — carefully
A constitution must endure for generations, yet adapt to changing times. India's is a living document: amendable, but through a process more demanding than ordinary law-making.
The drafters sought a middle path — not so rigid it cannot adapt, not so flexible that it bends to every passing majority.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series81www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Article 368
The amendment power
Article 368
The provision setting out Parliament's power and procedure to amend the Constitution — including the special majorities required, and, for some provisions, the consent of the states.
Article 368 is the Constitution's own clause for self-revision — but, since 1973, it cannot be used to destroy the basic structure.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series82www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Three Routes
How an amendment is passed
RouteRequirement
Simple majoritySome provisions amendable by ordinary majority (outside Article 368)
Special majorityMajority of total membership and two-thirds of those present and voting in each House
Special majority + statesThe above, plus ratification by half the state legislatures for federal provisions
Changes touching federalism — the distribution of powers, the courts, the election of the President — need the states' consent too. The deeper the change, the higher the bar.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series83www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Pace
Amendments by decade
Constitutional amendments per decade (illustrative)
Illustrative — approximate, for pattern only
The Constitution has been amended over a hundred times. The 1970s stand out — a turbulent decade of land reform, the Emergency and the basic-structure battle. Figures shown are illustrative.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series84www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Landmark Amendments
Amendments that reshaped the text
AmendmentWhat it did
42nd (1976)Added 'Socialist', 'Secular', Fundamental Duties; expanded central power
44th (1978)Rolled back several 42nd-Amendment changes; strengthened rights
73rd & 74th (1992)Constitutionalised panchayats and municipalities
86th (2002)Added Article 21A — the right to education
101st (2016)Introduced the Goods and Services Tax (GST)
The 42nd Amendment is often called a 'mini-constitution' for the scale of its changes; much of it was later reversed by the 44th.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series85www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Courts and Amendments
Cases that defined the amending power
01
GOLAKNATH (1967): courts limit amending of Fundamental Rights
→
02
24th & 25th AMENDMENTS: Parliament asserts its power
→
03
KESAVANANDA (1973): basic structure cannot be destroyed
→
04
LATER CASES: the doctrine applied to strike down overreach
This back-and-forth between Parliament and the courts is not dysfunction — it is the checks-and-balances system finding the limits of each branch's power.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series86www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Why Limits Help
Why an unamendable core protects democracy
The basic-structure doctrine means a temporary majority — however large — cannot abolish elections, judicial review or federalism. The rules of the democratic game are placed beyond the reach of any single winner.
This is constitutionalism's deepest idea: some commitments are made permanent precisely so that democracy cannot vote itself out of existence.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series87www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Living Constitution
Two ways the Constitution evolves
By amendment
Parliament formally changes the text through Article 368 — the deliberate, visible route.
By interpretation
Courts read the same words in new ways — as with Article 21's growth into dignity, privacy and a clean environment.
Both keep the Constitution alive. The text is fixed on the page but its meaning breathes — this is what 'living document' really means.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series88www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Stability and Change
An enduring balance
Seven decades on, the Constitution has been amended often, interpreted continuously, and stretched by crises — yet it has held. Its blend of flexibility and a protected core is a large part of why.
The Constitution is not a mere lawyers' document; it is a vehicle of life, and its spirit is always the spirit of the age.
— B.R. Ambedkar
CC BY-NC-ND 4.0 · ImpactMojo 101 Series89www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
11
Section Eleven
Constitutionalism in Practice
CC BY-NC-ND 4.0 · ImpactMojo 101 Series90www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Constitutionalism
Having a constitution is not enough
Constitutionalism
The practice of actually limiting government by constitutional rules — not just having a written document, but living by its restraints, rights and institutions.
Many regimes have constitutions on paper. Constitutionalism is the harder thing: independent courts, free elections and a rights culture that hold power to account in practice.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series91www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Rights-Based Programming
From beneficiaries to rights-holders
A rights-based approach reframes development: people are not passive recipients of charity but rights-holders with constitutional and legal entitlements, and the state is a duty-bearer.
This shift — from needs to rights — draws its authority straight from the Constitution. It changes how you design, demand and audit a programme.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series92www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Rights into Law
Constitutional values made statutory
LawConstitutional root
Right to Education Act, 2009Article 21A (86th Amendment, 2002)
Right to Information Act, 2005Article 19 — freedom of speech & expression
MGNREGA, 2005Right to livelihood read into Article 21
Forest Rights Act, 2006Equality, livelihood and tribal rights
Each landmark welfare law traces back to a constitutional value — the Constitution sets the direction; statutes turn it into enforceable entitlement.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series93www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
RTI
The Right to Information
The Right to Information Act, 2005 flows from the right to free expression: an informed citizen is essential to democracy. It lets any citizen demand records from public authorities.
RTI is among the most powerful tools a practitioner has: it makes the workings of the state visible, and underpins social audits and accountability work.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series94www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Privacy
Puttaswamy, 2017: privacy is a fundamental right
In K.S. Puttaswamy v. Union of India (2017), a nine-judge bench held that the right to privacy is a fundamental right, protected as part of the right to life and personal liberty under Article 21.
A vivid example of the living Constitution: the word 'privacy' appears nowhere in the text, yet the Court found it within Article 21's guarantee of life and dignity.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series95www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Dignity & Equality
NALSA and Navtej Johar
NALSA (2014)
The Supreme Court recognised transgender persons as a 'third gender' and affirmed their rights to equality and dignity.
Navtej Johar (2018)
The Court read down Section 377 to decriminalise consensual same-sex relations between adults, affirming dignity and equality.
Both rulings built on Articles 14, 15, 19 and 21 — equality, freedom and dignity — showing how old text protects new claims to inclusion.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series96www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Everyday Constitution
Where citizens meet the Constitution
  • Voting in free and fair elections — universal adult franchise
  • Filing an RTI to see how public money is spent
  • Approaching a court when an entitlement is denied
  • A Gram Sabha holding its panchayat to account
  • A reservation that opens a seat, a job, a classroom
The Constitution is not only in courtrooms. It lives in queues, classrooms, ration shops and panchayat meetings — wherever a citizen claims a right.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series97www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Further Reading
A short reading list
  • The Constitution of India — the bare text (read the Preamble & Part III)
  • Introduction to the Constitution of India — D.D. Basu
  • The Indian Constitution: Cornerstone of a Nation — Granville Austin
  • Constituent Assembly Debates — the drafters in their own words
  • Judgments: Kesavananda Bharati (1973), Puttaswamy (2017)
Pair this deck with ImpactMojo's Human Rights, Governance & Accountability and Public Policy 101 courses.
CC BY-NC-ND 4.0 · ImpactMojo 101 Series98www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
The Takeaways
If you remember five things
  • The Constitution is supreme — every law and act must conform to it
  • Rights come with remedies — Article 32 is their 'heart and soul'
  • Power is divided — across organs and across Union, states and local government
  • The basic structure is protected — no majority can amend it away
  • It is a living document — behind every clause is a citizen's dignity
CC BY-NC-ND 4.0 · ImpactMojo 101 Series99www.impactmojo.in
ImpactMojoIndian Constitution 101www.impactmojo.in
Indian Constitution 101 · Complete
We, the People
— that means you.
The Constitution is not a relic for lawyers; it is a living promise every citizen can claim and every practitioner can wield. Explore the rest of the ImpactMojo 101 Series, free forever.
More 101 CoursesExplore ImpactMojoHuman Rights 101
CC BY-NC-ND 4.0·Free Forever·ImpactMojo 101 Series
CC BY-NC-ND 4.0 · ImpactMojo 101 Series100www.impactmojo.in