Frequently Asked Questions

The Constitution of India is the supreme law of the country. It establishes the structure, powers and responsibilities of government and protects the rights of people.

The Constituent Assembly adopted the Constitution on 26 November 1949. It came into force on 26 January 1950, which is celebrated as Republic Day.

It describes institutions of government, powers, procedures, rights, duties and relations between different levels of government in considerable detail. This detail supports a large and diverse democracy.

The Constituent Assembly was the representative body that discussed and drafted the Constitution of India. It worked through committees and debates before adopting the final document.

Dr. B. R. Ambedkar chaired the Drafting Committee of the Constituent Assembly. He played a major role in shaping and presenting the draft Constitution for discussion.

The Preamble states the constitutional vision and the broad ideals that guide the Republic. It describes India as sovereign, socialist, secular, democratic and republican, and promises justice, liberty, equality and fraternity.

Yes. The Supreme Court held in the Kesavananda Bharati case that the Preamble is part of the Constitution. It helps explain the Constitution’s objectives, though it does not by itself grant a separate legal power.

Fundamental Rights are constitutional guarantees that protect important freedoms and equality. They are mainly contained in Part III of the Constitution.

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Article 14 guarantees equality before the law and equal protection of the laws. It requires the State to treat people fairly under the constitutional framework.

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Article 21 protects life and personal liberty according to procedure established by law. Judicial decisions have interpreted its protection broadly over time.

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It allows a person to approach the Supreme Court for enforcement of Fundamental Rights under Article 32. High Courts also have important writ jurisdiction under Article 226.

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The Constitution currently lists eleven Fundamental Duties for citizens in Article 51A. They encourage respect for constitutional values, the nation, the environment and public responsibility.

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The 42nd Constitutional Amendment added the Fundamental Duties in 1976. The duty relating to providing educational opportunities to children was added later by the 86th Amendment.

They are principles in Part IV that guide the State in making laws and policies for social and economic welfare. They are not enforceable by courts, but are fundamental to governance.

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Fundamental Rights are generally enforceable through courts and protect individual freedoms. Directive Principles guide governance and welfare policy but are not directly enforceable by courts.

The Parliament of India consists of the President and two Houses: the Rajya Sabha, or Council of States, and the Lok Sabha, or House of the People.

The normal term of the Lok Sabha is five years from the date appointed for its first meeting, unless it is dissolved earlier. The Constitution provides special rules during a Proclamation of Emergency.

The President is elected indirectly by an electoral college consisting of elected members of both Houses of Parliament and elected members of the Legislative Assemblies of the States and eligible Union Territories.

The Council of Ministers, with the Prime Minister at its head, aids and advises the President. The President generally acts in accordance with that advice under the constitutional system.

The Supreme Court is the highest court in India. It settles certain constitutional and legal disputes, protects constitutional rights through its jurisdiction and provides authoritative interpretations of law.

Judicial review is the power of courts to examine whether laws and executive actions comply with the Constitution. A measure that violates the Constitution may be invalidated to the extent of the violation.

An independent judiciary can decide disputes impartially, interpret the Constitution and protect rights without improper pressure. Judicial independence supports the rule of law and separation of powers.

A Constitutional Amendment is a formal change to the text or operation of the Constitution made through the procedure prescribed by Article 368 and other applicable provisions.

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The procedure varies according to the provision being changed. Many amendments require a special majority in Parliament, while some also require ratification by at least half of the State Legislatures.

The basic structure doctrine means that Parliament’s power to amend the Constitution cannot be used to destroy its basic features. The Supreme Court developed this doctrine in the Kesavananda Bharati decision.

Citizenship provisions are found in Part II of the Constitution, covering Articles 5 to 11. Parliament has power to make laws on citizenship subject to the constitutional framework.

The Constitution provides for National Emergency under Article 352, President’s Rule in a State under Article 356 and Financial Emergency under Article 360. Each has distinct constitutional conditions and effects.

India has a constitutional system with federal features, including governments at the Union and State levels, while also giving the Union important powers. It is often described as a federation with a strong Union.

Schedules contain supplementary details connected with constitutional provisions, such as allocation of subjects, forms, administration of certain areas and recognised languages. They support the operation of the main constitutional text.

The rule of law means that public power must operate within the law and that everyone is subject to the law. It rejects arbitrary exercise of power and supports equality before law.

Separation of powers distributes public functions among the legislature, executive and judiciary. In India, these institutions have distinct roles with constitutional checks and interaction rather than a completely rigid separation.