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20 Constitutional Law Terms Every Indian Should Know
- The Law Gurukul
- Jun 19
- 3 min read
Introduction
Constitutional law forms the backbone of a democracy, governing the relationship between the state and its citizens. Whether you're a law student, UPSC aspirant, or a concerned citizen, understanding these key terms is essential to navigate India’s legal framework.
In this first part of our "Legal Lexicon" series, we break down 20 fundamental constitutional law terms with simple definitions and real-world examples.
1. Basic Structure Doctrine
Definition: The principle that the core framework of the Constitution cannot be altered by Parliament.
Example: The Supreme Court struck down the NJAC Act (2015) for violating judicial independence, a part of the basic structure.
2. Writ Jurisdiction (Articles 32 & 226)
Definition: The power of courts to issue writs (orders) to enforce fundamental rights.
Types of Writs:
Habeas Corpus ("Produce the body") – Challenges illegal detention.
Mandamus ("We command") – Directs authorities to perform duties.
Certiorari – Quashes illegal orders.
Prohibition – Prevents lower courts from exceeding jurisdiction.
Quo Warranto – Questions illegal appointments.
3. Rule of Law
Definition: No one is above the law, including the government.
Example: The cancellation of Aadhaar exemptions for politicians upheld this principle.
4. Separation of Powers
Definition: Division of governance into Legislature, Executive, and Judiciary to prevent misuse of power.
Example: The Supreme Court striking down laws passed by Parliament (e.g., National Judicial Appointments Commission (NJAC)).
5. Federalism vs. Unitarism
Definition:
Federalism: Power divided between Centre & States (e.g., India, USA).
Unitarism: Power centralized (e.g., UK).Example: GST Council reflects cooperative federalism in India.
6-20: More Key Constitutional Terms
Term | Definition | Example |
6. Judicial Review | Courts can review laws for constitutionality. | SC striking down Section 66A IT Act (violated free speech). |
7. Fundamental Rights (Part III) | Basic liberties (e.g., Right to Equality, Free Speech). | Privacy recognized as a fundamental right (2017). |
8. Directive Principles (Part IV) | Non-enforceable state policy guidelines (e.g., free education). | MGNREGA aligns with Article 41 (right to work). |
9. Fundamental Duties (Part IV-A) | Moral obligations of citizens (e.g., respecting the Constitution). | National anthem case (2016) upheld duty to stand. |
10. Amendment (Article 368) | Process to change the Constitution. | 42nd Amendment (1976) added "Socialist" to the Preamble. |
11. Emergency Provisions (Articles 352-360) | Suspension of rights during crises. | 1975 Emergency imposed under Article 352. |
12. Preamble | Introduction stating India’s sovereign, socialist, secular, democratic nature. | Kesavananda Bharati case upheld its significance. |
13. Secularism | State treats all religions equally. | Sabarimala case (2018) on gender equality vs. tradition. |
14. Republic | Head of state (President) is elected, not hereditary. | First President: Dr. Rajendra Prasad (1950). |
15. Single Citizenship | Indians hold only national citizenship (unlike USA’s dual system). | No separate state citizenship. |
16. Public Interest Litigation (PIL) | Cases filed for societal welfare (not personal gain). | Vishaka Guidelines (1997) on workplace harassment. |
17. Independent Judiciary | Courts operate free from government influence. | Collegium System for judge appointments. |
18. Reservation (Articles 15-16) | Affirmative action for SC/ST/OBCs. | Indra Sawhney Case (1992) capped quotas at 50%. |
19. Right to Constitutional Remedies (Article 32) | "Heart & Soul" of the Constitution (Dr. Ambedkar). | Used in Aadhaar-Privacy case (2017). |
20. Bicameral Legislature | Two houses – Lok Sabha (Lower) & Rajya Sabha (Upper). | Money bills can’t originate in Rajya Sabha. |
Why Should You Know These Terms?
✅ For Exams: UPSC, CLAT, Judiciary exams test these concepts.
✅ For Citizens: Helps you understand your rights (e.g., filing a PIL).
✅ For Debates: Strengthen arguments on CAA, Article 370, or Reservations.
How to Remember Them?
Mnemonics: "FRED" for Fundamental Rights, Emergency, Directive Principles.
Case Linking: Associate terms with judgments (e.g., Kesavananda Bharati = Basic Structure).
Flashcards: Term on front, definition + case on back.
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