Introduction to Constitutional Law
Overview
This guide provides an introduction to constitutional law in India, specifically designed for law students and LLB aspirants. We'll explore the fundamental principles, key concepts, and real-life case laws that shape this crucial area of Indian jurisprudence.
Structure of the Constitution
The Constitution of India is divided into 22 parts, with three schedules. It consists of:
- 395 articles
- 8 schedules
- 101 amendments
Each part deals with a specific aspect of governance and individual rights.
Fundamental Rights
Article 14: Equality before the law Article 19: Protection of certain rights regarding freedom of trade, commerce, and occupation Article 21: Right to life and liberty
These fundamental rights form the cornerstone of individual freedoms in India.
Directive Principles of State Policy
Article 39: Certain principles of policy to be followed by the state Article 38: State to secure a social order for promotion of welfare of the people
These directives guide the government in implementing policies that benefit society at large.
Case Law Illustrations
Kesavananda Bharati vs State of Kerala (1973)
This landmark case established the doctrine of basic structure, limiting Parliament's power to amend the Constitution.
Legal Section Number: Article 368(1)(a)
Minerva Mills vs Union of India (1980)
This case further clarified the limits of Parliament's amendment powers under Article 368.
Legal Section Number: Article 368(1)(a)
Maneka Gandhi vs Union of India (1978)
This case expanded the scope of Article 21, recognizing the right to travel abroad as a fundamental right.
Legal Section Number: Article 21
Conclusion
Understanding constitutional law is essential for aspiring lawyers and legal professionals. By grasping these fundamental concepts and applying them to real-world scenarios, you'll develop a strong foundation for your future studies and career in law.