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Indian Law

A guide for researching Indian Law including Legislation, Case Law, Treaties and Law Reform..


The Constitution of India

India is a Sovereign Socialist Secular Democratic Republic (Preamble). It is a Union of States (Section 1).  The supreme law is the Constitution of India which was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. 

The Constitution is federal in form and has the traditional characteristics of a federal system - supremacy of the Constitution, which enshrines the division of power between the Federal Government (known as 'the Centre' or 'Union Government') and State Governments, and the existence of an independent judiciary.  

The Constitution recognises certain basic fundamental rights (Part III) and prescribes certain fundamental duties (Part IVA) for every citizen of India. Any infringement of these rights can be challenged in the Courts by any citizen of India.


Finding the Constitution and all Amending Acts

The basic structure of the Constitution is unchangeable and the only allowable amendments are those that do not affect its basic structure or essential character. The Constitution has been amended frequently - to date (March 2020) there have been at least 104 amendments to the Constitution.

The Government of India Legislative Department website includes all Amendment Acts - including Statements of Objects and Reasons for each amendment. Note that this site may be a little out of date and not include the most recent amending Act.

The official Legislative Department Constitution website does not always have the most up to date consolidated Constitution, incorporating all amendments. Nor can you rely on any open-access databases to contain the most up to date consolidation.

 

To ensure you are viewing the most up-to-date consolidation (with Statements of Objects and Reasons), use Manupatra (UniMelb staff & student access):

  • From the left hand menu, select Bare Acts > Central > Table of Contents.
  • Select Alphabetical and then 'C'. 
  • Scroll to Constitution of India. This is after the long list of Amending Acts. The date of currency is at the top of the screen once you click the hyperlinked title.

 


Constituent Assembly - Debates & Draft Constitution

The Constituent Assembly Debates (vols 1-12; 1946-1950) are available:


Constitutional Acts


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