CS Executive · Jurisprudence, Interpretation and General Laws

Constitution of India: formula sheet

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Key formulas

Date of adoption and commencement: Adopted: 26 November 1949; in force: 26 January 1950; Some provisions took effect on 26 November 1949. Do not mix the two dates.
Words in the original Preamble: Sovereign, Democratic, Republic; The words Socialist and Secular, and the word Integrity, were added by the 42nd Amendment, 1976.
Four objectives of the Preamble: Justice, Liberty, Equality, Fraternity; Justice is social, economic and political. Fraternity assures dignity of the individual and unity and integrity of the Nation.
Status of Preamble: Part of the Constitution (Kesavananda Bharati, 1973); not enforceable by itself; amendable but not so as to destroy the basic structure; Berubari Union (1960) had held the opposite view and was overruled on this point.
Source of authority: "We, the people of India ... adopt, enact and give to ourselves this Constitution"; Shows popular sovereignty.
Article 1: India, that is Bharat = Union of States; territory = States + Union territories + acquired territories; Union is indestructible; states have no right to secede.
Article 2: Parliament may admit or establish new states by law, on terms it thinks fit; Applies to states not already in the Union.
Article 3: Parliament may form new states, and alter area, boundaries or name of existing states; Needs the President's recommendation for the Bill, and a reference to the affected state's legislature for its views. Those views are not binding.
Article 4: Laws under Articles 2 and 3 are not amendments under Article 368; Passed by simple majority, as in ordinary legislation.
Articles 5 to 8: Citizenship at commencement: domicile, birth/parentage/residence for not less than five years immediately preceding commencement (Art. 5); migrants from Pakistan, with a before/after 19 July 1948 distinction (Art. 6); migrants to Pakistan after 1 March 1947 who returned on a resettlement or permanent return permit (Art. 7); Indians abroad (Art. 8); Date of commencement is 26 January 1950.
Article 9: Voluntary acquisition of foreign citizenship = no citizenship under Articles 5 to 8; Voluntary is the key word. It is a bar on Articles 5 to 8, not the general rule on loss. General loss is under the Citizenship Act, 1955.
Articles 10 and 11: Continuance of citizenship (Art. 10); Parliament's power to regulate citizenship by law (Art. 11); Basis of the Citizenship Act, 1955.
Modes of acquisition under the Citizenship Act, 1955: Birth | Descent | Registration | Naturalisation | Incorporation of territory; Check the exact conditions for each mode, as amended, in your study material.
Modes of loss under the Citizenship Act, 1955: Renunciation | Termination | Deprivation; Termination happens when a person voluntarily acquires another country's citizenship.
Article 12: State: State = Government and Parliament of India + Government and Legislature of each State + all local authorities + other authorities; Other authorities include bodies that are instrumentalities or agencies of the Government. Apply the functional tests, not the label.
Article 13 test: Law inconsistent with or in derogation of Part III = void to the extent of the inconsistency; Article 13(1) covers laws in force before the Constitution; Article 13(2) covers laws made after it. Laws are not wiped out entirely if only a part is bad (severability).
Article 14 reasonable classification: Valid classification = intelligible differentia + rational nexus with the object of the law; Article 14 permits reasonable classification but forbids class legislation. Arbitrariness also violates Article 14.
Article 19(1) freedoms: Speech and expression; assemble peaceably without arms; form associations or unions or co-operative societies; move freely throughout India; reside and settle in any part of India; practise any profession or carry on any occupation, trade or business; Each is subject to reasonable restrictions in Article 19(2) to 19(6). Only citizens hold these freedoms.
Article 20 protections: No ex post facto penal law; no double jeopardy; no self-incrimination; Article 20 applies to all persons, citizen or not. Under Article 359(1), as amended by the 44th Amendment, the right to move courts to enforce Articles 20 and 21 cannot be suspended even during an Emergency.
Article 21: No person shall be deprived of life or personal liberty except according to procedure established by law; Courts read the procedure as needing to be fair, just and reasonable. Available to all persons.
Article 32: Right to move the Supreme Court for enforcement of Fundamental Rights; writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto; High Courts have wider writ power under Article 226, which can also be used for other legal rights.
Location of DPSP: Part IV, Articles 36 to 51; Article 36 defines 'State' (same as in Part III unless context requires otherwise); Article 37 says DPSP are not enforceable by courts.
Location of Fundamental Duties: Part IVA, Article 51A; Inserted by the 42nd Amendment, 1976; the eleventh duty was added by the 86th Amendment, 2002.
Key DPSP articles: Art. 38 social order | Art. 39 policy principles | Art. 39A equal justice and free legal aid | Art. 40 village panchayats | Art. 41 work, education, public assistance | Art. 43 living wage | Art. 44 uniform civil code | Art. 45 early childhood care | Art. 46 SC/ST and weaker sections | Art. 47 nutrition, health, prohibition | Art. 48 agriculture and animal husbandry | Art. 48A environment | Art. 50 separation of judiciary | Art. 51 international peace; Learn the article number with a one-line subject. Examiners often ask which article deals with which subject.
Fundamental Duties: the eleven duties (summary): (a) abide by the Constitution, respect the National Flag and Anthem | (b) cherish the ideals of the freedom struggle | (c) uphold sovereignty, unity and integrity of India | (d) defend the country and render national service when called | (e) promote harmony and brotherhood, renounce practices derogatory to women | (f) value and preserve the composite culture | (g) protect and improve the natural environment | (h) develop scientific temper, humanism and the spirit of inquiry and reform | (i) safeguard public property and abjure violence | (j) strive for excellence in individual and collective activity | (k) parent or guardian to provide opportunities for education to a child aged 6 to 14; Paraphrased; use the exact wording of Article 51A if you remember it.
Core contrast: Fundamental Rights: enforceable, against the State, Part III | DPSP: non-justiciable, goals for the State, Part IV | Fundamental Duties: addressed to citizens, Part IVA, no direct sanction; Use this as the skeleton for any 'difference between' question.
Aid and advice: Article 74(1) (Union) and Article 163(1) (State); President and Governor act on the advice of the Council of Ministers. The President may require reconsideration once, but must act on the advice given after reconsideration. The Governor has limited discretion where the Constitution allows it.
Qualifications for President: Article 58: Indian citizen, 35 years of age, qualified to be elected to Lok Sabha, holds no office of profit; Term is five years (Article 56). Re-election is allowed. Removal is by impeachment for violation of the Constitution (Article 61).
Impeachment of the President: Article 61: resolution passed by not less than two-thirds of the total membership of the House, after 14 days' written notice signed by at least one-fourth of the members; One House prefers the charge; the other investigates. If the investigating House also passes it by two-thirds of its total membership, the President is removed.
Vice-President: Article 63 to 71: age 35, term five years, ex officio Chairman of Rajya Sabha (Article 64); Removed by a Rajya Sabha resolution passed by a majority of all its then members and agreed to by Lok Sabha (Article 67(b)).
Ordinance power: Article 123 (President) and Article 213 (Governor); The President can issue an ordinance when either House of Parliament is not in session (Article 123). The Governor can do so when the Legislative Assembly, or both Houses in a state with a Legislative Council, is not in session (Article 213). In both cases the President or Governor must be satisfied that immediate action is needed. The ordinance has the force of an Act and must be laid before the legislature. A Union ordinance ceases six weeks after Parliament reassembles, or earlier if resolutions disapproving it are passed by both Houses. A state ordinance ceases six weeks after the legislature reassembles, or earlier if the Assembly passes a disapproving resolution and the Council, if any, agrees.
Money Bill: Article 110: deals only with matters such as taxes, borrowing, Consolidated Fund of India, and matters incidental to them; Introduced only in Lok Sabha on the President's recommendation. Rajya Sabha can only recommend changes within 14 days. Lok Sabha may accept or reject them. The Speaker's certificate is final.
Financial Bill: Article 117(1) and Article 117(3); There are two kinds. An Article 117(1) bill contains Article 110 matters but not only those. It can be introduced only in Lok Sabha, and only on the President's recommendation. An Article 117(3) bill is one that would involve expenditure from the Consolidated Fund if enacted. It can be introduced in either House, but neither House can pass it unless the President has recommended its consideration. Rajya Sabha has full powers on both kinds.
Joint sitting: Article 108; Applies to ordinary bills only after a deadlock: the other House rejects the bill, amendments are not agreed, or six months pass without passing it. It does not apply to money bills or constitutional amendment bills.
Pardoning power: Article 72 (President) and Article 161 (Governor); The President can pardon, reprieve, respite, remit or commute sentences, including death sentences and court-martial sentences. The Governor cannot pardon court-martial sentences or death sentences, though they can suspend, remit or commute a death sentence.
Article 32: Right to move the Supreme Court for enforcement of Fundamental Rights; It is a Fundamental Right itself. The Supreme Court may issue directions, orders or writs of any kind.
Article 226: High Court writ power: Fundamental Rights and any other purpose; Wider than Article 32. The High Court can act against any person or authority within its territorial jurisdiction.
Five writs: Habeas corpus | Mandamus | Prohibition | Certiorari | Quo warranto; Learn each by its job: release, command, stop, quash, question the authority to hold office.
Original jurisdiction of Supreme Court: Article 131: Centre v State(s) or State v State, on a legal right; Exclusive to the Supreme Court. Disputes must involve a question on which the existence or extent of a legal right depends.
Advisory jurisdiction: Article 143: President may refer a question for opinion; The opinion is advisory. It is not a judgment between parties.
Law declared by Supreme Court: Article 141: binding on all courts in India; This is the constitutional basis of precedent in India.
Prohibition v Certiorari: Prohibition: before the order, to prevent | Certiorari: after the order, to quash; Both are issued against courts, tribunals and bodies acting judicially or quasi-judicially.
Three Lists of the Seventh Schedule: List I = Union (only Parliament); List II = State (only State Legislature); List III = Concurrent (both); Article 246 sets the order of priority: Union List over Concurrent List over State List.
Residuary power: Subjects not in any list → Parliament (Article 248); Contrast with the USA, where residuary power lies with the States.
Pith and substance: True nature of the law within the competence of the enacting legislature → valid, even if it incidentally trenches on another list; Look at the dominant purpose and effect, not the label.
Colourable legislation: Cannot do directly → cannot do indirectly; Test is legislative competence, not good faith or bad faith.
Repugnancy in the Concurrent List: Union law vs State law conflict → Union law prevails; State law void to the extent of repugnancy (Art. 254(1)); Exception: State law reserved for the President and assented to prevails in that State (Art. 254(2)), subject to Parliament's later law.
Parliament's power over the State List: Art. 249 (Rajya Sabha resolution, two-thirds present and voting), Art. 250 (Emergency), Art. 252 (State consent), Art. 253 (treaties), Art. 356 (failure of machinery); Learn each article with its trigger.
Financial relations: Finance Commission: Art. 280; GST: Art. 246A and Art. 279A; Union and States share taxes and grants through these bodies.
Special majority under Article 368: Majority of total membership of each House AND at least 2/3 of members present and voting in each House; Both conditions must be met in each House. There is no joint sitting for constitutional amendments.
Ratification by States: Special majority in Parliament + resolutions of at least half of State legislatures (simple majority in each); Needed for federal matters, such as the election of the President, extent of executive and legislative power of the Union and States, representation of States in Parliament, the Supreme Court and High Courts, and Article 368 itself.
Assent to amendment bill: Bill introduced only in Parliament; President must give assent; No State legislature can initiate an amendment bill. The President cannot withhold assent.
Article 352 proclamation: Cabinet's written recommendation → Proclamation → Parliament approval within 1 month → continues for 6 months from the date of the approving resolution, renewable every 6 months by resolution; Approval and each renewal need a special majority (majority of total membership and 2/3 of those present and voting) in each House. The 6 months run from the date the resolution is passed by the later House. Grounds: war, external aggression or armed rebellion.
Article 356 President's Rule: Parliament approval within 2 months → 6 months, each extension for 6 months, up to a maximum of 3 years; Each extension is for 6 months. Extension beyond 1 year needs both: a proclamation of national emergency in force in the whole of India or in the whole or any part of the State, and an Election Commission certificate that the extension is necessary because of difficulties in holding elections. Approval and extensions are by simple majority.
Article 360 financial emergency: Parliament approval within 2 months by simple majority in both Houses; once approved, it continues until revoked; There is no fixed outer limit once approved. The Union may direct States to observe financial principles and reduce salaries of persons serving the Union and States, including judges.
Fundamental Rights during emergency (Articles 358, 359): Article 19 is suspended automatically only on a war or external aggression emergency (Article 358); enforcement of other Fundamental Rights may be suspended by Presidential order (Article 359); Enforcement of Articles 20 and 21 cannot be suspended.
Article 301: Trade, commerce and intercourse throughout India shall be free; Subject to the rest of Part XIII (Articles 302-307). Parliament may by law impose restrictions on this freedom in the public interest (Article 302). Article 303 prohibits Parliament and State legislatures from making laws that prefer or discriminate between States, but Parliament may do so if it is declared necessary because of scarcity of goods in any part of India. A State may tax goods from other States on a non-discriminatory basis (Article 304(a)). It may impose reasonable restrictions in the public interest, but a bill for this needs the President's previous sanction for its introduction in the State legislature (Article 304(b)).
GST Council (Article 279A): Chair: Union Finance Minister; members: Union MoS (Finance) and State Ministers in charge of finance or taxation; Decisions need at least 3/4 of the weighted votes of members present and voting. Union has 1/3 weight, all States together 2/3.

Quick revision

The Preamble is a statement of the aims and values of the Constitution.
Learn the meaning of State for Fundamental Rights from Article 12, and check whether the body in the question fits it.
Fundamental Rights can be enforced in court, while Directive Principles cannot be enforced directly.
Fundamental Duties are for citizens, and are not enforced like rights.
Know the different writs: habeas corpus, mandamus, certiorari, prohibition and quo warranto, with the purpose of each.
Remember the difference between the Supreme Court's writ power and the High Courts' writ power.
Legislative powers are divided between the Union, the States and a shared list, in the Seventh Schedule.
Know the three types of Emergency and what each one affects.
Know the amendment procedure and which changes need ratification by the States.
Always cite the Article number and give a closing conclusion in the answer.

Common mistakes

Saying the Preamble is not part of the Constitution. Fix: Write that Kesavananda Bharati (1973) held the Preamble to be part of the Constitution.
Treating the Preamble as enforceable in court. Fix: State that it is a guide to interpretation and cannot override express provisions or give rights by itself.
Saying a constitutional amendment under Article 368 is needed to form a new state. Fix: Remember Article 4: laws under Articles 2 and 3 are not amendments under Article 368. A simple majority is enough.
Saying the state legislature's views are binding under Article 3. Fix: The President must refer the Bill to the state legislature for its views, but neither the President nor Parliament is bound by them.
Saying every company or body is State under Article 12. Fix: Write the tests: government control, funding, monopoly, public function. Then conclude. A private body without such features is generally not State.
Saying Article 19 freedoms are available to everyone. Fix: Note that Article 19 is for citizens only. Articles 14 and 21 apply to all persons.
Saying DPSP can be enforced in court. Fix: Quote Article 37: DPSP are not enforceable by any court, yet the State must apply them in making laws.
Placing Fundamental Duties in Part IV. Fix: Remember Part IV is DPSP, Part IVA is Article 51A, the only article in that Part.
Treating the President as having real discretionary power in all matters. Fix: Always add Article 74: the President acts on the aid and advice of the Council of Ministers.
Confusing a Money Bill with a Financial Bill. Fix: Remember that a Money Bill (Article 110) deals only with listed money matters and gives Rajya Sabha only recommendatory power. A Financial Bill (Article 117) has money provisions mixed with other matters, and Rajya Sabha has full powers.

Exam tips

Always cite Kesavananda Bharati (1973) when the question touches the status of the Preamble.
Write the 42nd Amendment, 1976 and the three words it added; examiners like this detail.
For salient features, give a one-line explanation with each feature, not a bare list.
Use the pattern provision, analysis, conclusion, as in ICSI-style answers.
Write dates exactly: 26 November 1949 and 26 January 1950.
Write the Article number with every point on territory. Examiners reward the exact provision.
In Article 3 answers, always mention the President's recommendation and the non-binding nature of the state's views.
Keep Articles 5-9 as the position at 26 January 1950 and the Citizenship Act as the later position. Do not blend them.