Cheat Sheet: Constitution of India

1. Basic Features

1.1 Key Characteristics

1.2 Nature

• Written and enacted constitution
• Federal structure with unitary features
• Parliamentary form of government
• Blend of rigidity and flexibility
• Independent judiciary with power of judicial review
• Single citizenship
• Universal adult suffrage (18 years and above since 61st Amendment, 1989)

2. Preamble

2.1 Text and Components

2.2 Key Terms

2.3 Legal Status

• Not a part of the Constitution for enforcement purposes (Supreme Court in Berubari case)
• Part of the Constitution and can be amended under Article 368 (Kesavananda Bharati case)
• Embodies basic structure of the Constitution
• Key to open the mind of makers; aids in interpretation

3. Fundamental Rights (Part III, Articles 12-35)

3.1 Right to Equality (Articles 14-18)

3.2 Right to Freedom (Articles 19-22)

3.3 Right Against Exploitation (Articles 23-24)

3.4 Right to Freedom of Religion (Articles 25-28)

3.5 Cultural and Educational Rights (Articles 29-30)

3.6 Right to Constitutional Remedies (Article 32)

• Right to move Supreme Court for enforcement of fundamental rights
• Dr. B.R. Ambedkar called it "heart and soul" of the Constitution
• Supreme Court can issue writs: habeas corpus, mandamus, prohibition, quo warranto, certiorari
• Article 226: High Courts can also issue writs (wider scope than Article 32)

3.7 Writs

3.8 Exceptions and Limitations

• Fundamental rights not absolute; subject to reasonable restrictions
• Articles 33: Parliament can modify rights for armed forces
• Article 34: Restrictions during martial law
• Article 352: Rights under Articles 19, 20, 21 can be suspended during national emergency (except Article 20 and 21 after 44th Amendment)
• Article 359: President can suspend right to move court during emergency

4. Directive Principles of State Policy (Part IV, Articles 36-51)

4.1 Nature and Classification

• Not enforceable by courts (Article 37)
• Fundamental in governance of country
• Duty of state to apply in making laws

4.2 Socialistic Principles

4.3 Gandhian Principles

4.4 Liberal-Intellectual Principles

5. Fundamental Duties (Part IVA, Article 51A)

5.1 Introduction

• Added by 42nd Amendment, 1976 (Swaran Singh Committee recommendation)
• Originally 10 duties; 11th duty added by 86th Amendment, 2002
• Non-justiciable (not enforceable by law)

5.2 List of Fundamental Duties

• Abide by Constitution and respect national symbols
• Cherish and follow noble ideals of freedom struggle
• Uphold and protect sovereignty, unity, and integrity of India
• Defend the country and render national service when called upon
• Promote harmony and spirit of common brotherhood; renounce practices derogatory to dignity of women
• Value and preserve rich heritage of composite culture
• Protect and improve natural environment (forests, lakes, rivers, wildlife); have compassion for living creatures
• Develop scientific temper, humanism, and spirit of inquiry and reform
• Safeguard public property and abjure violence
• Strive towards excellence in all spheres of individual and collective activity
• Provide opportunities for education to children 6-14 years (added by 86th Amendment, 2002)

6. Union Executive

6.1 President (Articles 52-62)

6.2 Presidential Powers

6.2.1 Executive Powers

• All executive actions taken in President's name
• Appoints Prime Minister and other ministers on PM's advice
• Appoints Chief Justice and judges of Supreme Court and High Courts
• Appoints Governors, Attorney General, Comptroller and Auditor General, Chief Election Commissioner

6.2.2 Legislative Powers

• Summons and prorogues Parliament; dissolves Lok Sabha
• Addresses Parliament at commencement of first session after each general election and first session of each year
• Nominates 12 members to Rajya Sabha; 2 Anglo-Indians to Lok Sabha (discontinued after 104th Amendment, 2020)
• Assent to bills; can return bill (except money bill) once for reconsideration
• Promulgates ordinances when Parliament not in session (Article 123)

6.2.3 Financial Powers

• Money bills introduced only with President's recommendation
• Causes Union Budget to be laid before Parliament
• No demand for grant without President's recommendation
• Constitutes Finance Commission every 5 years

6.2.4 Judicial Powers

• Appoints Chief Justice and judges of Supreme Court and High Courts
• Power to grant pardons, reprieves, respites, remissions (Article 72)
• Pardoning power extends to death sentences and court-martial cases

6.2.5 Emergency Powers

• Article 352: National Emergency (war, external aggression, armed rebellion)
• Article 356: President's Rule in states (failure of constitutional machinery)
• Article 360: Financial Emergency

6.3 Vice President (Articles 63-73)

6.4 Prime Minister and Council of Ministers (Articles 74-75)

6.5 Attorney General (Article 76)

• Appointed by President
• Must be qualified to be Supreme Court judge
• Chief legal advisor to Government of India
• Has right to speak in Parliament but no right to vote
• Can appear in any court in India on behalf of Government

7. Parliament

7.1 Structure (Article 79)

• President, Rajya Sabha (Council of States), Lok Sabha (House of the People)

7.2 Rajya Sabha

7.3 Lok Sabha

7.4 Special Powers of Rajya Sabha

• Article 249: Can authorize Parliament to make laws on state list subjects (2/3 majority)
• Article 312: Can authorize creation of All India Services (2/3 majority)

7.5 Special Powers of Lok Sabha

• Money bills can be introduced only in Lok Sabha (Article 110)
• Council of Ministers responsible only to Lok Sabha
• Can pass vote of no confidence against government
• Controls union finances

7.6 Parliamentary Procedures

7.6.1 Sessions

• Budget Session (February-May)
• Monsoon Session (July-August)
• Winter Session (November-December)
• Maximum gap between two sessions: 6 months

7.6.2 Quorum

• 1/10th of total membership of house

7.6.3 Voting

• Majority of members present and voting (ordinary bills)
• Special majority: Majority of total membership + 2/3 of members present and voting (constitutional amendments)
• Absolute majority: More than 50% of total membership

7.7 Types of Bills

7.8 Parliamentary Committees

7.8.1 Standing Committees

• Financial Committees: Public Accounts Committee, Estimates Committee, Committee on Public Undertakings
• Departmental Standing Committees: 24 committees covering various ministries

7.8.2 Ad Hoc Committees

• Select Committee, Joint Committee
• Formed for specific purpose; dissolved after task completion

7.9 Parliamentary Privileges

• Freedom of speech in Parliament (Article 105)
• Immunity from court proceedings for anything said in Parliament
• Right to publish debates and proceedings
• Right to exclude outsiders from proceedings
• Right to punish for contempt of house

7.10 Anti-Defection Law (10th Schedule)

• Added by 52nd Amendment, 1985
• Disqualification on ground of defection
• Defection includes voluntary resignation from party or voting against party whip
• Exception: Merger of 2/3 members of party (reduced from original exemption of 1/3 split by 91st Amendment, 2003)
• Decision on disqualification by Speaker/Chairman

8. Judiciary

8.1 Supreme Court (Articles 124-147)

8.2 Supreme Court Jurisdiction

8.2.1 Original Jurisdiction (Article 131)

• Disputes between Government of India and states
• Disputes between states
• Exclusive jurisdiction in such matters

8.2.2 Writ Jurisdiction (Article 32)

• Enforcement of fundamental rights
• Can issue writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto

8.2.3 Appellate Jurisdiction (Articles 132-136)

• Appeals in constitutional matters (if High Court certifies)
• Appeals in civil matters (if case involves substantial question of law of general importance)
• Appeals in criminal matters (if death sentence or High Court certifies)
• Special Leave Petition (Article 136) against any judgment of any court/tribunal

8.2.4 Advisory Jurisdiction (Article 143)

• President can seek opinion on questions of law or fact of public importance
• Opinion not binding on President

8.2.5 Court of Record (Article 129)

• Decisions are recorded for perpetual memory; used as precedents
• Power to punish for contempt of court

8.3 High Courts (Articles 214-231)

8.4 High Court Jurisdiction

• Original jurisdiction in civil, criminal, revenue, matrimonial matters
• Writ jurisdiction under Article 226 (wider than Article 32; includes non-fundamental rights)
• Appellate jurisdiction over subordinate courts
• Supervisory jurisdiction over lower courts and tribunals
• Court of record with contempt powers

8.5 Judicial Review

• Power to examine constitutionality of legislative acts and executive orders
• Can declare laws unconstitutional if they violate Constitution
• Based on supremacy of Constitution
• Not expressly provided but flows from constitutional provisions

8.6 Public Interest Litigation (PIL)

• Developed by Supreme Court in 1980s
• Allows third party to file petition on behalf of disadvantaged groups
• Relaxes locus standi requirement
• Epistolary jurisdiction: Court can take suo motu action on letters

8.7 Judicial Independence

• Separation of judiciary from executive (Article 50 - DPSP)
• Security of tenure; removal only by impeachment
• Fixed service conditions; salaries charged on Consolidated Fund
• Expenses of Supreme Court charged on Consolidated Fund (not subject to vote)
• Conduct of judges cannot be discussed in Parliament (except impeachment motion)
• Supreme Court has power to punish for contempt

9. Federal Structure

9.1 Distribution of Powers

9.2 Centre-State Relations

9.2.1 Legislative Relations

• Parliament can legislate on state subjects during national emergency (Article 250)
• Parliament can legislate if Rajya Sabha passes resolution by 2/3 majority (Article 249)
• Parliament can legislate if two or more states request (Article 252)
• Parliament can legislate to implement international treaties (Article 253)

9.2.2 Administrative Relations (Articles 256-263)

• Executive power of state extends to matters on which state legislature has power (Article 162)
• Union can give directions to states (Article 256)
• States must comply with Union laws (Article 256)
• Governor appointed by President (Article 155)

9.2.3 Financial Relations (Articles 268-293)

• Distribution of tax revenues between Union and states
• Finance Commission recommends distribution (Article 280)
• Grants-in-aid from Union to states (Article 275)
• Union can make grants for special purposes (Article 282)

9.3 Inter-State Relations (Articles 261-263)

• Full faith and credit to public acts, records, judicial proceedings (Article 261)
• Interstate trade and commerce to be free (Article 301)
• Inter-State Council for coordination (Article 263)
• Inter-State water disputes tribunal (Article 262)

9.4 All India Services (Article 312)

• Indian Administrative Service (IAS)
• Indian Police Service (IPS)
• Indian Forest Service (IFS)
• Created by Rajya Sabha resolution with 2/3 majority
• Serve both Union and states

10. State Executive and Legislature

10.1 Governor (Articles 153-162)

10.2 Chief Minister and Council of Ministers (Article 163-164)

• Chief Minister appointed by Governor
• Council collectively responsible to state legislative assembly
• Size limited to 15% of assembly strength (91st Amendment, 2003)
• Ministers must be members of legislature (6 months grace period)

10.3 State Legislature

10.3.1 Legislative Assembly (Vidhan Sabha)

10.3.2 Legislative Council (Vidhan Parishad)

10.4 Special Powers of Legislative Assembly

• Money bills can be introduced only in assembly
• Council can delay money bill by 14 days only
• Council can delay ordinary bill by maximum 4 months
• Council of Ministers responsible only to assembly
• Assembly can pass vote of no confidence

11. Constitutional Amendments (Article 368)

11.1 Types of Amendments

11.2 Provisions Requiring State Ratification

• Election of President (Article 54, 55)
• Extent of executive power of Union and states (Article 73, 162)
• Supreme Court and High Courts (Chapter IV of Part V and Chapter V of Part VI)
• Distribution of legislative powers (Chapter I of Part XI and Seventh Schedule)
• Representation of states in Parliament
• Article 368 itself

11.3 Basic Structure Doctrine

• Established in Kesavananda Bharati v. State of Kerala (1973)
• Parliament cannot amend basic structure of Constitution
• Basic features include: supremacy of Constitution, rule of law, separation of powers, federal character, secular character, judicial review, independence of judiciary

11.4 Important Amendments

12. Emergency Provisions (Part XVIII, Articles 352-360)

12.1 National Emergency (Article 352)

12.1.1 Effects

• Fundamental rights under Article 19 automatically suspended
• Parliament can legislate on state list subjects
• President can modify distribution of financial resources
• Life of Lok Sabha can be extended (maximum 1 year at a time; cannot extend beyond 6 months after emergency ends)
• President can suspend right to move court for enforcement of fundamental rights (except Articles 20 and 21)

12.2 President's Rule in States (Article 356)

12.2.1 Effects

• President assumes all functions of state government and Governor
• State legislature can be dissolved or kept in suspended animation
• Parliament can delegate legislative power to President or other authority
• Parliament can legislate on state list subjects

12.3 Financial Emergency (Article 360)

12.3.1 Effects

• Union can give directions to states on financial matters
• President can reduce salaries of all government employees including judges
• All money bills of state legislatures reserved for President's consideration
• Never been proclaimed

13. Important Constitutional Bodies

13.1 Election Commission (Articles 324-329)

13.2 Finance Commission (Article 280)

13.3 Union Public Service Commission (Articles 315-323)

13.4 Comptroller and Auditor General (Articles 148-151)

13.5 National Commission for SCs (Article 338)

• Constitutional status given by 65th Amendment, 1990
• Investigates complaints regarding deprivation of SC rights
• Participates in planning process for socio-economic development
• Submits annual reports to President

13.6 National Commission for STs (Article 338A)

• Created by 89th Amendment, 2003 (separated from SC Commission)
• Similar functions as SC Commission

14. Schedules

14.1 Overview of Twelve Schedules

14.2 Languages in Eighth Schedule

• Original 14: Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Urdu
• Added by 21st Amendment (1967): Sindhi
• Added by 71st Amendment (1992): Konkani, Manipuri, Nepali
• Added by 92nd Amendment (2003): Bodo, Dogri, Maithili, Santhali

15. Panchayati Raj and Urban Local Bodies

15.1 Panchayati Raj (Part IX, Articles 243-243O)

15.1.1 Powers and Functions

• 29 subjects listed in Eleventh Schedule
• Includes: agriculture, land improvement, minor irrigation, animal husbandry, fisheries, social forestry, drinking water, education, health, etc.
• State legislatures may devolve powers and functions

15.2 Municipalities (Part IXA, Articles 243P-243ZG)

15.2.1 Powers and Functions

• 18 subjects listed in Twelfth Schedule
• Includes: urban planning, regulation of land use, roads and bridges, water supply, public health, fire services, urban poverty alleviation, etc.

16. Official Language (Part XVII, Articles 343-351)

16.1 Language Provisions

16.2 Special Provisions

• Official Languages Act, 1963: Continued use of English after 1965
• Three-language formula: Hindi, English, and regional language
• Classical languages: Tamil (2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013), Odia (2014)