The Schedules of the Indian Constitution are essentially supplementary appendices that

categorize and tabulate detailed information that would otherwise make the main articles
too bulky. While the Articles provide the legal framework, the Schedules provide the specific
lists and details.
Currently, there are 12 Schedules in the Indian Constitution.

The 12 Schedules at a Glance

Schedule Subject Matter Key Details

States and Union

1st Lists the names of states and their territorial jurisdictions.
Territories

Emoluments and Details the pay and allowances for the President,
2nd
Salaries Governors, Judges, and CAG.

Contains the forms of oaths for Union Ministers, MPs,

3rd Oaths and Affirmations
and Judges.

Specifies how many seats each State/UT has in the Rajya

4th Allocation of Seats
Sabha (Council of States).

Provisions for the administration and control of

5th Scheduled Areas
Scheduled Areas and Tribes.

Tribal Areas in the Special administration rules for tribal areas in Assam,
6th
North-East Meghalaya, Tripura, and Mizoram.

Splits legislative subjects into the Union, State, and

7th Division of Powers
Concurrent Lists.

8th Official Languages Lists the 22 languages recognized by the Constitution.

Originally created to protect land reform laws from

9th Validation of Acts
judicial review.

Provisions regarding disqualification of members on

10th Anti-Defection Law
grounds of defecting to other parties.

Lists 29 matters responsible for rural local self-

11th Panchayati Raj
government.

12th Municipalities Lists 18 matters responsible for urban local bodies.

A Quick Way to Remember

If you're trying to memorize these for an exam or general knowledge, many people use the
mnemonic "TEARS OF OLD PM":
 Territories (1st)
 Emoluments (2nd)
 Affirmations (3rd)
 Rajya Sabha (4th)
 Scheduled Areas (5th)
 Other Tribal Areas (6th)
 Federal List (7th)
 Official Languages (8th)
 Land Reforms (9th)
 Defection (10th)
 Panchayats (11th)
 Municipalities (12th)
Fundamental Rights are enshrined in Part III of the Indian Constitution. They are often
described as the "Magna Carta" of India and are legally enforceable by the courts.
These rights span from Article 12 to Article 35, though the specific "categories" of rights are
contained between Articles 14 and 32.

The Six Fundamental Rights

Originally, there were seven rights, but the Right to Property was removed by the 44th
Amendment in 1978. Here are the current six:

Category Articles Brief Description

Equality before law, prohibition of discrimination, and

Right to Equality 14 – 18
abolition of untouchability/titles.

Freedom of speech, assembly, movement, and protection

Right to Freedom 19 – 22
of life and personal liberty.

Right against Prohibition of human trafficking, forced labor, and child

23 – 24
Exploitation labor in hazardous industries.

Right to Freedom of Freedom of conscience, and the right to profess, practice,

25 – 28
Religion and propagate any religion.

Cultural and Protection of the interests of minorities regarding their

29 – 30
Educational Rights language, script, and culture.

Right to Constitutional The right to move the Supreme Court to enforce these
32
Remedies rights (the "Heart and Soul" of the Constitution).
 Important Contextual Articles
While the table above covers the specific rights, the "bookends" of Part III provide the legal
framework:
 Article 12: Defines the term "State" (who you are protected from).
 Article 13: Declares that any law that contradicts Fundamental Rights is null and void.
 Articles 33–35: Detail the power of Parliament to modify these rights for the armed forces
and give effect to this part of the Constitution.
Note: Fundamental Rights are not absolute. The State can impose "reasonable restrictions"
on them in the interest of national security, public order, or morality.
Fundamental Duties were not part of the original Constitution of India. They were added
later to remind citizens that while they enjoy fundamental rights, they also have certain
obligations toward the country.

Origin and History

 Recommendation: Added based on the recommendations of the Swaran Singh Committee.
 Legal Addition: Incorporated by the 42nd Amendment Act, 1976 during the Emergency.
 Inspiration: Taken from the Constitution of the erstwhile USSR.
 Location: Found in Part IV-A, consisting of only one article: Article 51A.
Originally, there were 10 duties. An 11th duty was added by the 86th Amendment Act,
2002.

The 11 Fundamental Duties (Article 51A)

It shall be the duty of every citizen of India:
1. Abide by the Constitution and respect its ideals, the National Flag, and the National
Anthem.
2. Cherish the noble ideals that inspired our national struggle for freedom.
3. Uphold and protect the sovereignty, unity, and integrity of India.
4. Defend the country and render national service when called upon to do so.
5. Promote harmony and the spirit of common brotherhood amongst all people, transcending
religious or regional diversities; and renounce practices derogatory to the dignity of women.
6. Value and preserve the rich heritage of our composite culture.
7. Protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
8. Develop scientific temper, humanism, and the spirit of inquiry and reform.
9. Safeguard public property and abjure violence.
10. Strive towards excellence in all spheres of individual and collective activity.
11. Provide opportunities for education to his child or ward between the age of 6 and 14 years
(Added in 2002).

Key Characteristics
 Non-Justiciable: Unlike Fundamental Rights, you cannot go to court to enforce these duties
directly. However, the State can create specific laws (like the Wildlife Protection Act) to
punish people who violate the spirit of these duties.
 Applicability: These duties apply only to Indian citizens and not to foreigners.
In the Indian Constitution, Writs are written orders issued by the Supreme Court or High
Courts to provide legal remedies to citizens against the violation of their fundamental rights.
They are the "tools" that make the Right to Constitutional Remedies effective.
The Constitutional Articles
There are two primary articles that empower the courts to issue writs:
1. Article 32: Empowers the Supreme Court to issue writs for the enforcement of Fundamental
Rights. Dr. B.R. Ambedkar called this article the "Heart and Soul of the Constitution."
2. Article 226: Empowers the High Courts to issue writs not only for Fundamental Rights but
also for any other legal right.

The 5 Types of Writs

There are five specific types of writs used in India, each derived from English Common Law
(Prerogative Writs).
1. Habeas Corpus
 Literal Meaning: "To have the body of."
 Purpose: To protect individual liberty against unlawful detention.
 How it works: The court orders a person or authority who has detained another person to
bring the detainee before the court to examine the legality of the detention. If the detention
is found illegal, the person is set free immediately.
 Note: It can be issued against both public authorities and private individuals.
2. Mandamus
 Literal Meaning: "We command."
 Purpose: To compel a public official or body to perform their legal duty.
 How it works: It is issued when a government official or a lower court has failed to perform
a mandatory duty that they are legally bound to do.
 Note: It cannot be issued against the President, State Governors, or private individuals.
3. Prohibition
 Literal Meaning: "To forbid."
 Purpose: To prevent a lower court or tribunal from exceeding its jurisdiction.
 How it works: It is issued by a higher court to a lower court while a case is pending,
essentially telling them, "Stop, you don't have the authority to hear this."
 Note: It is only available against judicial and quasi-judicial bodies.
4. Certiorari
 Literal Meaning: "To be certified" or "To be informed."
 Purpose: To quash (cancel) the order of a lower court.
 How it works: While Prohibition is preventive (issued during the case), Certiorari is curative.
It is issued after an order has been passed by a lower court if that court acted without
jurisdiction or committed an error of law.
5. Quo-Warranto
 Literal Meaning: "By what authority (or warrant)?"
 Purpose: To prevent illegal usurpation of a public office.
 How it works: The court asks a person holding a public office to show by what authority they
are holding that position. If they cannot prove their legal right to the office, they are
removed.
 Note: Unlike other writs, any interested person (not just the aggrieved party) can seek this
writ.

Comparison of Jurisdiction

Feature Supreme Court (Art. 32) High Court (Art. 226)

Purpose Only for Fundamental Rights. Fundamental Rights + Ordinary Legal Rights.

Territory Entire country. Within the State's jurisdiction.

It is a Fundamental Right itself (The It is a discretionary power (The HC can

Nature
SC cannot refuse to hear it). refuse if an alternative remedy exists).

Since Article 226 covers "other legal rights," the High Court's writ jurisdiction is technically
wider than that of the Supreme Court.
 It looks like you are listing some of the most significant Constitutional Amendment Acts
(CAA) in Indian history. These amendments have fundamentally changed how the country is
governed.
Here is a breakdown of these specific amendments and what they changed:

Major Constitutional Amendments

Amendment Year Key Changes / Impact

Added the 9th Schedule to protect land reform laws from judicial
1st 1951
review. It also added "reasonable restrictions" to freedom of speech.

Affirmed the power of Parliament to amend any part of the

24th 1971 Constitution, including Fundamental Rights. Made it compulsory for the
President to give assent to Amendment Bills.

Known as the "Mini-Constitution." Added words "Socialist," "Secular,"

42nd 1976 and "Integrity" to the Preamble. Introduced Fundamental Duties (Part
IV-A).

Reversed many changes made by the 42nd Amendment. Removed the

44th 1978 Right to Property as a Fundamental Right. Provided that National
Emergency can only be declared on "armed rebellion."

Introduced the Anti-Defection Law. Added the 10th Schedule to

52nd 1985
prevent elected members from switching parties for personal gain.

Conferred Statehood on Goa and formed the Union Territory of Daman

56th 1987
and Diu.

Granted constitutional status to Panchayati Raj institutions (Rural local

73rd 1992
government). Added the 11th Schedule.

Made Right to Education a Fundamental Right (Article 21A) for children

86th 2002
aged 6–14. Added the 11th Fundamental Duty.

Gave constitutional status to Co-operative Societies. Added Article 43B

97th 2011
(DPSPs) and Part IX-B.

Introduced the Goods and Services Tax (GST), fundamentally changing

101st 2016
the indirect tax structure of India.

Why are these specific ones important?

 The "Battle" (42nd vs 44th): The 42nd Amendment (passed during Emergency) tried to
reduce the power of the courts, while the 44th Amendment restored those powers and
added safeguards against the misuse of Emergency powers.
 Grassroots Democracy (73rd): This is the reason we have formal elections for Village
Panchayats today.
 Tax Revolution (101st): This replaced a complex web of central and state taxes with "One
Nation, One Tax."
Judicial Activism is a philosophy where the judiciary takes an active role in protecting the
rights of citizens and shaping social policy, often stepping beyond its traditional role of
simply interpreting laws to ensure "complete justice."
In the Indian context, it represents the transition of the judiciary from a passive observer to
an active participant in the governance of the country.

1. Conceptual Foundation
At its core, Judicial Activism is the opposite of Judicial Restraint.
 Restraint: Judges should only interpret the law as written by the legislature.
 Activism: Judges use their power to correct injustices when the Executive (Government) or
Legislature (Parliament) fails to act.
Key Legal Basis: In India, this is rooted in Article 21 (Right to Life and Personal Liberty). The
Supreme Court has expanded the definition of "Life" to include the right to clean air,
education, privacy, and dignity.

2. The Tools of Activism

The most powerful tool of judicial activism in India is Public Interest Litigation (PIL).
 Locus Standi Relaxed: Traditionally, only the person whose rights were violated could go to
court. Under activism, any public-spirited citizen can file a petition on behalf of the poor, the
marginalized, or the environment.
 Suo Moto Cognizance: The court can take up a case on its own based on news reports or
even a letter/postcard sent to the Judge.
 Constitutional Articles: Articles 32 (Supreme Court) and 226 (High Court) provide the
"teeth" for this activism through Writs.

3. Historical Evolution in India

The era of activism began in the late 1970s, following the Emergency, as the court sought to
rebuild its image as the "sentinel on the qui vive" (watchful guardian).
 The Pioneers: Justice P.N. Bhagwati and Justice V.R. Krishna Iyer are considered the fathers
of judicial activism/PIL in India.
 Hussainara Khatoon v. State of Bihar (1979): The first PIL case, which led to the release of
thousands of undertrial prisoners who had been in jail for periods longer than their potential
sentences.
 Kesavananda Bharati Case (1973): Created the "Basic Structure Doctrine," allowing the
court to strike down constitutional amendments if they violate the core essence of the
Constitution.

4. Famous Examples of Judicial Activism

Area Case/Action Outcome

M.C. Mehta v. Union The "Green Judge" cases led to the protection of the
Environment
of India Taj Mahal and the introduction of CNG in Delhi.

Sexual Vishaka v. State of The Court created the "Vishaka Guidelines" because
Harassment Rajasthan there was no law to protect women at workplaces.

Association for Made it mandatory for candidates to disclose their

Politics
Democratic Reforms criminal records and assets.

The Court mandated the implementation of the

Social Justice Right to Food
Mid-Day Meal scheme in schools.

5. Pros and Cons

The Advantages (Why it's needed)
1. Fill Legislative Vacuum: When Parliament fails to make a law (like on workplace
harassment), the court steps in to protect citizens.
2. Checks and Balances: It holds the government accountable for corruption or inaction.
3. Voice to the Voiceless: Allows the poor and illiterate to access the highest courts via PIL.
The Disadvantages (Judicial Overreach)
1. Separation of Powers: Critics argue the court is performing the job of the Executive (e.g.,
banning liquor shops on highways or managing cricket boards).
2. Lack of Expertise: Judges are experts in law, not necessarily in economics, ecology, or
administration.
3. Judicial Tyranny: Since judges are not elected, there is no direct democratic accountability
for their "activist" decisions.

6. Judicial Activism vs. Judicial Overreach

There is a thin line between the two.
 Activism is seen as a "surgical strike" to correct a specific wrong.
 Overreach is when the court starts "running the government," interfering in policy matters
that should be handled by elected representatives.
Summary
Judicial activism in India has been a force for good in expanding human rights and cleaning
up the environment. However, it remains a point of debate whether the courts should stay
within the "legal" boundary or continue to step into the "policy" boundary to ensure social
justice.
Judicial Review is the power of the judiciary to examine the constitutionality of legislative
enactments and executive orders of both the Central and State governments. If a law or
order is found to be in violation of the Constitution, the courts can declare it
unconstitutional, null, and void.
While "Judicial Activism" is the philosophy of being proactive, Judicial Review is the actual
legal power that allows the courts to do so.

1. The Constitutional Basis

Interestingly, the phrase "Judicial Review" is not explicitly mentioned in the Indian
Constitution. However, the power is inherently granted through several articles:
 Article 13: Explicitly states that any law that contravenes Fundamental Rights shall be void.
 Article 32 & 226: Gives the Supreme Court and High Courts the power to enforce rights
through writs.
 Article 131-136: Defines the adjudicatory role of the Supreme Court in disputes between
Center and States.
 Article 246: Deals with the subject matter of laws made by Parliament and State Legislatures
(checking if they stayed within their "List").

2. Scope of Judicial Review

In India, the court examines three main aspects of a law:
1. Infringement of Fundamental Rights: Does the law violate Part III?
2. Legislative Competence: Did the legislature have the authority to make this law (Union vs.
State List)?
3. Constitutional Consistency: Does it violate any specific provision of the Constitution (e.g.,
freedom of trade under Art. 301)?

3. "Procedure Established by Law" vs. "Due Process of Law"

This is the most critical technical evolution of Judicial Review in India:
 Original Intent: India started with "Procedure Established by Law" (Article 21). This meant
the court only checked if the procedure to make a law was followed, not if the law itself was
"fair."
 The Shift (Maneka Gandhi Case, 1978): The Supreme Court moved toward the American
concept of "Due Process of Law." Now, the court checks not just if there is a law, but if that
law is just, fair, and reasonable.

4. Classification of Judicial Review

Justice Syed Shah Mohammed Quadri classified judicial review into three categories:
1. Review of Constitutional Amendments: Checking if an amendment violates the "Basic
Structure."
2. Review of Legislation: Checking Acts of Parliament and State Legislatures.
3. Review of Administrative Action: Checking the decisions of the government and its officials
to prevent "arbitrariness."

5. Importance and Limitations

Importance Limitations

Upholds the principle of the Supremacy of It can lead to Judicial Overreach if not used
the Constitution. carefully.

It can delay the implementation of important

Protects the Fundamental Rights of citizens.
social/economic policies.

Maintains the Federal Equilibrium (balance Courts cannot review "Political Questions"
between Center and States). that have no legal basis.

6. Landmark Cases
 Golaknath Case (1967): The SC ruled that Parliament cannot take away Fundamental Rights.
 Kesavananda Bharati (1973): Established that while Parliament can amend the Constitution,
it cannot destroy its "Basic Structure" (the ultimate limit of Judicial Review).
 Minerva Mills (1980): Reaffirmed that Judicial Review is itself a "Basic Structure" of the
Constitution and cannot be taken away even by a Constitutional Amendment.
The 9th Schedule Catch: Originally, the 9th Schedule was a "safe haven" where laws could
be put to avoid judicial review. However, in the I.R. Coelho Case (2007), the SC ruled that
laws placed in the 9th Schedule after April 24, 1973, are open to challenge if they violate the
Basic Structure.
These articles form the backbone of the Indian Constitutional machinery, covering the
Judiciary, Executive, Parliament, and the Amending process.

The Union Judiciary (Supreme Court)

Article Subject Explanation

Establishment of Provides for the composition and appointment of Supreme

124
SC Court judges. It is the basis for the "Collegium System."

The SC is a "Court of Record," meaning its decisions are

129 Court of Record preserved for testimony. It also has the power to punish for its
own contempt.

Original The SC acts as an arbitrator in federal disputes (e.g., Center vs.

131
Jurisdiction State or State vs. State).

A discretionary power where the SC can grant "special leave"

Special Leave
136 to appeal against any judgment from any court/tribunal in
Petition
India.

Advisory The President can seek the Supreme Court’s opinion on

143
Jurisdiction matters of public importance or law.

The High Courts & Writ Remedies

Article Subject Explanation

Writ Jurisdiction Right to move the SC for enforcement of Fundamental Rights. It

32
(SC) is a Fundamental Right itself.
Article Subject Explanation

Writ Jurisdiction Gives High Courts power to issue writs for Fundamental Rights
226
(HC) and other legal rights. Its scope is wider than Art. 32.

The Union Executive (President & Council of Ministers)

Article Subject Explanation

President of States simply: "There shall be a President of India." He is the

52
India formal head of the state.

Council of There shall be a Council of Ministers with the PM at the head to

74
Ministers aid and advise the President. (This advice is generally binding).

Ministerial Details on appointment, tenure, and salaries. Crucially: The

75
Provisions Council of Ministers is collectively responsible to the Lok Sabha.

Ordinance Grants the President power to promulgate Ordinances

123
Power (temporary laws) when Parliament is not in session.

The Parliament & Legislative Procedures

Article Subject Explanation

Defines Parliament as consisting of the President, the Council

Constitution of
79 of States (Rajya Sabha), and the House of the People (Lok
Parliament
Sabha).

110 Definition of Specifies what constitutes a "Money Bill" (taxation, public

Money Bill expenditure, etc.). The Speaker of Lok Sabha has the final say
Article Subject Explanation

here.

The Amendment Process

Article Subject Explanation

Grants Parliament the power to amend the Constitution. It outlines

Power to
368 two types of procedures: Special Majority and Special Majority with
Amend
State Ratification.

Note: Per the Kesavananda Bharati case, while Article 368 gives wide powers, Parliament
cannot use it to alter the "Basic Structure" of the Constitution.