Constitutional Law Meaning

The constitutional law of India addresses the underlying principles under which the government exercises its authority. In certain cases, these principles confer particular powers on the government, such as the authority to tax and spend for the benefit of the people. Let's understand in brief.

What is Constitutional Law of India?

The Indian Constitution is the supreme law of the country. Nothing can violate the provision of it. It is said that our Constitution is a living document. It evolves with time. Over the years it has been interpreted through various judgments by the Hon’ble courts of our country. Constitutional Law of India's meaning is to interpret the provisions of the Constitution and the application of the same through various primary principles. It is considered a fundamental field of Constitutional law as it deals not only with the fundamental rights and duties of the citizens but also with the various organs of the three pillars of our democracy i.e., Legislative, Executive and Judiciary. It deals with their structure, power and their functions. For detailed knowledge of the constitutional law of India, one must deep dive into the landmark cases, along with the different doctrines that evolved through it for example - separation of power, judicial review federalism etc.

What do you mean by the Constitution?

A constitution is referred to as a foundational document which lays down the legal structure for the government, and its bodies defining their power and processes. It gives the distribution of power between various bodies of government, fixing fundamental rights and duties of the citizens. Finally, serving as the supreme law of the country becomes a guiding light for all the other laws in the country. It makes sure that the governance of a country is done in a defined manner, without any instability and injustice to the citizens of the country. In short, it is the guiding light of the country for the legal development of the country’s future.

The Importance of Constitutional Law of India

We can see the importance of constitutional law as it is the backbone of any legal system available in the world. It helps in protecting the fundamental rights of the citizens and maintaining the limitation of power for government institutions. Thus, the constitutional law of India is a crucial subject in preparation for any competitive exam in India. Therefore, these are its significance:

1. A foundational understanding of law: The constitution is known as the supreme law of the land. All the other laws are interpreted keeping in it aligned with the constitutionality. Holding a strong foundation of constitutional law of India always helps the person in understanding the other laws and their operation properly.

2. Importance across different exams: The questions related to Constitutional Law of India are common in almost all competitive exams related to law either its Common Law Admission Test (CLAT), All India Bar Examination (AIBE), or the Civil Services Examination (UPSC) etc. They are given to test the candidates’ knowledge and understanding of the fundamental principles of the Indian constitution.

3. Highly Scoring: Constitutional law of India as a subject is considered to be one of the highest-scoring subjects. The question generally asked of the fundamental level testing the candidates’ conceptual knowledge related to the constitutional law of India. Further, they are asked in higher weightage, being easy to answer. Hence, it makes it easy for the candidates to score higher marks with its help.

Constitutional Law of India Syllabus

The syllabus of the constitutional law of India includes the fundamental principles and structure of the country’s legal system. Defining the structure of government, its power distribution, fundamental rights/ fundamental duties and at last judicial review. It provides for an in-depth understanding of how the Constitution functions and lays down the relationship between state and their citizens. Hence, ensuring protection of the rights granted to the citizens. Therefore, its in-depth discussion becomes necessary for the student of constitutional law. Here are syllabus for the constitution law of India given below -

1. 11 Fundamental Duties of India

2. 7 Fundamental Rights of India

3. Morley Minto Reforms 1909

4. Montague Chelmsford Reforms 1919

5. Panchayati Raj Institution

6. History of the Indian Constitution

Brief Description of Chapters in Constitutional Law of India

1. 11 Fundamental Duties of India: The Indian Constitution lays down 11 fundamental duties given in Article 51A. It makes it compulsory for every citizen to follow the values of sovereignty, unity and integrity in India. Making them respect their national symbols and value the old and rich heritage of the country. Further, they also focus on the protection of the environment, public property and promotion of scientific temperament making citizens strive for excellence individually and collectively. These duties are present as a moral responsibility to reinforce the spirit of national unity between the citizens.

2. 7 Fundamental Rights of India: Part III of the Indian Constitution lays down fundamental rights in India from Article 12 to Article 35. Providing crucial civil liberties to all the individuals living in India. It also protects that it does not get violated by any unreasonable decision by the government. These rights are inclusive of rights from the right to equality, the right to freedom of speech, the right to life and personal liberty, and the right to religious freedom etc. Therefore, learning these rights in depth becomes crucial for any of the aspirants preparing for the competitive exam as it is the backbone of civil liberties.

3. Morley Minto Reforms 1909: Formally, Indian Councils Act also known as Morley Minto Reforms 1909 has been a crucial step towards the participation of Indians in governance during the British period. It was proposed by John Morley and Lord Minto to expand the legislative councils at both central and provincial levels. It was done by introducing limited elections and permitting the election of an Indian citizen. Although a separate electorate was introduced for Muslims, resulting in communal tensions deepening the divide in the society. Understanding these reforms becomes a fundamental part of learning constitutional law of India.

4. Montague Chelmsford Reforms 1919: Formalized through the Government of India Act, Montague Chelmsford Reforms 1919 made a crucial attempt to increase the participation of native Indian citizens in the governance of the British government. As it was being proposed by Edwin Montagu and Viceroy Lord Chelmsford introducing the concept of a dyarchy form of government, which divided the powers between elected Indian ministers and then British officers in the provinces. On one hand, this reform expanded the legislative councils but the controlling power remained in the hands of the Britishers.

5. Panchayati Raj Institution: The Panchayati Raj system was introduced by the 73rd Amendment in 1992. It is a system of three-tier structure in rural India for local self-government. This structure established three institutions providing them with power and authority to function in the model of self-government. These three institutions are Panchayats at the village level, Panchayat Samitis at the block level, and Zilla Parishads at the district level. They make sure that there is economic development, justice in the society and application of government incentives.

6. History of the Indian Constitution: The history of the Indian Constitution has a rich history inclusive of the legislative acts and reforms that started in the British era till the adoption of the Indian Constitution in 1950. The major milestones include the Government of India Act, of 1935 and the Indian Independence Act, of 1947. The constituent assembly was formed in 1946, playing an important role in the making of the constitution. The assembly has done it by taking the references from various sources and making it implemented in socio-political scenarios in India.