Fundamental Law · 1950

The Constitution of India

भारत का संविधान

The supreme law of India — enacted 26 January 1950

The Constitution of India is the world's longest written constitution and the supreme legal document of the country. It defines fundamental rights, the framework of government, duties of citizens, and the distribution of powers between the Union and States.

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Key provisions

Part III — Fundamental Rights (Art. 12–35)

Right to equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and the constitutional right to remedies under Article 32.

Part IV — Directive Principles (Art. 36–51)

Guidelines to the State for social and economic justice, though not directly enforceable in court.

Part IVA — Fundamental Duties (Art. 51A)

Eleven duties of every citizen including respecting the Constitution, protecting the environment, and safeguarding public property.

Part V & VI — Union and State Governments

Structure of Parliament, State Legislatures, executive powers of the President, Prime Minister, Governors and Chief Ministers.

Article 32 & 226 — Writ Jurisdictions

Right to move the Supreme Court (Art. 32) and High Courts (Art. 226) for enforcement of fundamental rights through writs — Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto.

What are your Fundamental Rights?

Six categories of Fundamental Rights protect every citizen: (1) Right to Equality (Art. 14–18), (2) Right to Freedom (Art. 19–22) including speech, assembly and movement, (3) Right against Exploitation (Art. 23–24), (4) Right to Freedom of Religion (Art. 25–28), (5) Cultural and Educational Rights (Art. 29–30), and (6) Right to Constitutional Remedies (Art. 32).

How to enforce a Fundamental Right

If a fundamental right is violated by the State, you may file a writ petition directly in the Supreme Court under Article 32 or in the jurisdictional High Court under Article 226. Public Interest Litigation (PIL) allows any citizen to approach the court on behalf of others whose rights are affected.

Amendment of the Constitution

Article 368 provides the procedure for amendment. Basic Structure doctrine (Kesavananda Bharati, 1973) limits Parliament's power — features like judicial independence, secularism and federalism cannot be amended away.

Scope and applicability

The Constitution binds the Union and States, creates public institutions, distributes legislative and executive power, and protects enforceable fundamental rights. Some rights apply to every person; others are limited to citizens.

Key definitions

State (Article 12): The bodies against which Part III rights are ordinarily enforceable, including governments, legislatures and specified public authorities.
Writ: A constitutional court order used to protect rights or control unlawful public action.
Basic structure: Core constitutional features that Parliament cannot destroy through amendment.

Practical procedure

1Identify the public action and the right affected.
2Preserve the order, notice and supporting records.
3Choose the competent High Court under Article 226 or, for direct enforcement of a fundamental right, consider Article 32.
4Obtain advice on standing, territorial jurisdiction, interim relief and alternate remedies before filing.

Deadlines and timing

The Constitution does not prescribe one universal limitation period for writ petitions, but unexplained delay and an effective alternate remedy may affect relief.

Practical examples

A person challenging discriminatory State action may examine Articles 14 and 15.
A detained person or representative may seek habeas corpus where detention is alleged to be unlawful.

Related judgments

Kesavananda Bharati v. State of Kerala (1973)

Associated with the basic-structure doctrine. Read the official judgment before relying on any summary.

Open official judgment portal

Related guides

Arrest rights

Who typically needs this

Any citizen whose rights have been violated by government action
Students and researchers studying Indian polity and law
Journalists, activists and civil society groups filing PILs
Lawyers advising on constitutional and administrative matters

Frequently asked questions

How many fundamental rights are in the Indian Constitution?

There are six categories of fundamental rights protected under Part III of the Constitution, covering equality, freedom, protection from exploitation, religious freedom, cultural rights, and constitutional remedies.

What is the difference between Article 32 and Article 226?

Article 32 lets you approach the Supreme Court directly to enforce a fundamental right; it is itself a fundamental right. Article 226 lets you approach a High Court for both fundamental rights and other legal rights, and its scope is wider.

Can Parliament amend any part of the Constitution?

No. Under the Basic Structure doctrine laid down in Kesavananda Bharati v. State of Kerala (1973), Parliament cannot amend the essential features of the Constitution such as democracy, secularism, judicial review and rule of law.

Related laws

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