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 Note that this site may be a little out of date and not include the most recent amending Act.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.
- SCC Online(UniMelb staff & student access) also includes a completely up to date consolidation of the Constitution, and all amending Acts. All amendments are clearly indicated in the Constitution. From the SCC Home Page, select the red 'Browse Acts and Rules' button. You will then see 'Constitution of India' at the top of the left-hand menu. Use the + sign to open up the menu.
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.
- Manupatra : India Legal Law DatabaseIndian case law coverage includes full text decisions from the Supreme Court, all High Courts, the Federal Court, Privy Council and many tribunals. Coverage is mostly from the inception of each Court. Legislation covered includes bare acts, amending acts, repealed legislation, subordinate legislation and bills from all jurisdictions. Primary material is grouped by topic, and secondary material includes annotated acts and commentary.
Constituent Assembly - Debates & Draft Constitution
The Constituent Assembly Debates (vols 1-12; 1946-1950) are available:
- South Asia ArchiveThe Constituent Assembly's 1948 Draft Constitution is available on the South Asia Archive (UniMelb staff & students).
- SCC Online(UniMelb staff & student access). Articles of the Present Constitution are cross-linked to the Draft Constitution.
Go to SCC Online > click on Login on the top menu bar > select 'IP login' and use your University of Melbourne email address to log in. Note: the first time you login, you will be asked to register your email address. You will not be asked to do this again, and no password is required.
From the SCC homepage, click on the red 'Browse Secondary Material' and then select the + sign next to 'Constitutional Documents' heading to access the Debates menu. The Debates are arranged by volume (there are 12 volumes) and then by date.
Constitutional Acts
- SCC Online(UniMelb staff & student access) includes the Government of India Acts 1915, 1919 and 1935.
From the SCC homepage, click on the red 'Browse Secondary Material' and then select the + sign next to 'Constitutional Documents' heading to access the Constitutional Acts menu.
Commentary on the Constitution
See the following books for commentary on the Constitution and the making of the Constitution:
Norms and Politics: Sir Benegal Narsing Rau in the Making of the Indian Constitution, 1935-50 by Call Number: eBookPublication Date: OUP, 2019
The Constitution of India: A Contextual Analysis by Call Number: eBookPublication Date: Bloomsbury, 2017
International Encylopedia of Laws: Constitutional Law: India by Call Number: eBookPublication Date: Kluwer, 2017
The Constitution of India: Incorporating all amendments up to and including the Constitution (One Hundredth Amendment) Act 2015 by Call Number: KT 1577 BAKSPublication Date: LexisNexis, 2016
Offend, Shock, or Disturb: Free Speech under the Indian Constitution by Call Number: eBookPublication Date: OUP, 2016- Commentary on the Constitution of India : an exhaustive article wise commentary on the Constitution of India based on plethora of case law by Call Number: KT 1577 BAKSPublication Date: Universal Law Publishing Co, 2014
