संSamvidhan

Legal glossary

99 terms that appear across the Constitution, the BNS, the BNSS and the BSA — in plain language.

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Term	What it means
Anticipatory Bail	A pre-arrest legal remedy allowing a person who fears arrest on accusation of a non-bailable offence to seek bail in advance from a Sessions Court or High Court. If granted, the person is released on bail immediately upon arrest, subject to conditions imposed by the court.
Article 14 – Right to Equality	This article guarantees equality before the law and equal protection of the laws to all persons within India's territory. Courts use the 'reasonable classification' test to determine whether differential treatment under a law is constitutionally permissible.
Article 141 – Binding Precedent	This article provides that the law declared by the Supreme Court is binding on all courts within the territory of India. It establishes the doctrine of precedent as a constitutional command rather than mere judicial convention.
Article 142 – Complete Justice	This article empowers the Supreme Court to pass any order necessary to do 'complete justice' in a matter pending before it, even if not strictly provided for by existing law. It has been used for remedies ranging from environmental protection to resolving deadlocks in high-profile disputes.
Article 19 – Freedom of Speech and Expression	This article guarantees six fundamental freedoms to citizens, including speech and expression, assembly, association, movement, residence, and profession, subject to reasonable restrictions specified in the Constitution. These restrictions include grounds like public order, morality, and sovereignty of India.
Article 20 – Protection in Respect of Conviction for Offences	This article provides three protections to accused persons: no conviction except for violation of a law in force at the time of the act (no ex post facto punishment), no double jeopardy for the same offence, and no compulsion to be a witness against oneself. These safeguards apply regardless of citizenship.
Article 21 – Right to Life and Personal Liberty	This article guarantees that no person shall be deprived of life or personal liberty except according to a fair, just, and reasonable procedure established by law. Judicial interpretation has expanded it to include rights like privacy, dignity, livelihood, and a clean environment.
Article 226 – High Court Writ Jurisdiction	This article empowers High Courts to issue writs not only for enforcement of fundamental rights but also for 'any other purpose,' giving them wider writ jurisdiction than the Supreme Court under Article 32. This makes High Courts an important first forum for constitutional remedies.
Article 32 – Right to Constitutional Remedies	This article empowers individuals to directly approach the Supreme Court for enforcement of fundamental rights through writs. Dr. B.R. Ambedkar called it the 'heart and soul' of the Constitution.
Article 356 – President's Rule	This article allows the President to assume control of a state's administration if satisfied that the state government cannot function according to constitutional provisions, based on a report from the Governor or otherwise. Its use is subject to judicial review, as established in S.R. Bommai v. Union of India (1994).
Bail	The conditional release of an accused person from custody, typically on furnishing a bond, pending investigation or trial. Indian law distinguishes bailable offences (where bail is a right) from non-bailable offences (where it is at court discretion).
Basic Structure Doctrine	A judicially evolved principle holding that Parliament's power to amend the Constitution under Article 368 cannot alter its 'basic structure'—core features like democracy, secularism, judicial review, and federalism. It was established in Kesavananda Bharati v. State of Kerala (1973).
Certiorari	A writ by which a higher court quashes an order or decision of a lower court, tribunal, or quasi-judicial authority for lack of jurisdiction, error of law, or violation of natural justice. It is a corrective, after-the-fact remedy.
Chargesheet (Police Report)	The final report filed by police before a magistrate after completing investigation, summarising evidence and naming the accused to be tried. It signals the transition from investigation to the judicial trial process.
Chief Election Commissioner	The head of the Election Commission, appointed by the President, who chairs the Commission when other Election Commissioners are also appointed.
Cognizable Offence	A category of offence, generally serious in nature, for which police can arrest without a warrant and start investigation without prior court permission. Murder and robbery are typical examples, in contrast to non-cognizable offences requiring court authorisation.
Collegium System	A judicially evolved practice under which appointments and transfers of judges to the Supreme Court and High Courts are decided by a panel of senior judges rather than solely by the executive. It emerged from a series of Supreme Court judgments interpreting the consultation process for judicial appointments.
Colourable Legislation	A doctrine that examines whether a legislature has enacted a law on a subject outside its constitutional competence but disguised it as one within its power. Courts look at the true substance and effect of the law, not merely its stated form.
Committee	Refers to a Committee (Ward Committee) set up under Article 243S of the Constitution. It is a specific body created for municipal administration purposes.
Compoundable Offence	An offence where the complainant and accused can settle the matter privately, leading to withdrawal of criminal charges, either with or without the court's permission depending on the offence's severity. Not all offences are compoundable; serious crimes like murder cannot be settled this way.
Contempt of Court	An act of disobedience or disrespect toward a court, or conduct that obstructs the administration of justice, punishable by the court itself. It can be civil (wilful disobedience of a court order) or criminal (scandalising the court or interfering with judicial proceedings).
Curative Petition	A final safeguard allowing the Supreme Court to reconsider its own judgment even after a review petition has been dismissed, to prevent abuse of process or gross miscarriage of justice. It was recognised in Rupa Ashok Hurra v. Ashok Hurra (2002) and is decided by senior judges in chambers.
Doctrine of Eclipse	A principle stating that a pre-Constitution law inconsistent with fundamental rights is not void ab initio but becomes unenforceable ('eclipsed') only against citizens for the affected rights. It revives if the conflicting fundamental right is later amended or removed.
Doctrine of Pith and Substance	A principle used to determine the true nature ('pith and substance') of a law when it appears to overlap between Union and State legislative lists. If the law is substantially within the enacting legislature's competence, incidental encroachment on the other list does not invalidate it.
Doctrine of Proportionality	An administrative and constitutional law principle requiring that the severity of a restriction or penalty must be proportionate to the object it seeks to achieve. Courts use it to review whether state action, especially restrictions on fundamental rights, is excessive relative to its purpose.
Doctrine of Repugnancy	This doctrine applies when a State law conflicts with a Union law on a subject in the Concurrent List; the Union law generally prevails and the State law becomes void to the extent of the conflict. An exception exists if the State law has received the President's assent.
Doctrine of Severability	This doctrine holds that if part of a statute is unconstitutional, only that offending part is struck down while the rest of the law remains valid, provided the valid portion can stand independently. If the valid and invalid parts are inseparable, the entire law falls.
Doctrine of Ultra Vires	A principle used to invalidate an action, rule, or law that exceeds the legal authority granted to the body that made it. It applies both to delegated legislation exceeding statutory authority and to legislative acts exceeding constitutional limits.
Double Jeopardy	A constitutional protection preventing a person from being prosecuted and punished more than once for the same offence based on the same facts. It does not bar separate proceedings for distinct offences arising from the same act.
Election Commission	The constitutional body vested with superintendence, direction, and control over the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President. It consists of the Chief Election Commissioner and any other Election Commissioners the President may appoint.
Federal Court	The Federal Court refers to the court that was set up under the Government of India Act, 1935.
First Information Report (FIR)	The written document prepared by police upon receiving information about the commission of a cognizable offence, marking the formal start of a criminal investigation. It is not evidence in itself but sets the investigative process in motion.
Golden Triangle	A term describing the interconnected fundamental rights under Articles 14 (equality), 19 (freedoms), and 21 (life and liberty), which courts read together to test the validity of state action. Any law affecting personal liberty must satisfy all three articles.
Gram Sabha	The Gram Sabha is made up of all people whose names are on the voter list for a village that falls under a village-level Panchayat.
Habeas Corpus	A writ that orders a person (often a jailer or state authority) to produce a detained individual before the court and justify the detention. It safeguards personal liberty against illegal or arbitrary confinement, whether by the state or a private person.
Harmonious Construction	A rule of interpretation requiring that when two provisions of a statute or the Constitution appear to conflict, courts should read them together so both can operate without one nullifying the other. It avoids treating any provision as redundant.
High Court	A 'High Court' is any court recognized as a High Court for a State, including courts set up under the Constitution or declared as such by Parliament.
Indian State	An 'Indian State' is a territory that the Dominion of India's government officially recognized as a State.
Judicial Activism	A term describing courts taking a proactive role in protecting rights and addressing governance gaps, often through expansive interpretation of constitutional provisions or PILs. It is sometimes contrasted with 'judicial restraint,' where courts defer more to legislative and executive judgment.
Judicial Review	The power of courts to examine the constitutionality of legislative enactments and executive actions and to strike them down if they violate the Constitution. It is considered part of the basic structure of the Indian Constitution.
Mandamus	A writ commanding a public official, body, or lower court to perform a duty it is legally obligated to perform but has failed or refused to do. It cannot be used to compel discretionary or purely private acts.
Metropolitan area	A large urban region with a population of one million or more, spanning multiple municipalities, panchayats, or adjoining areas across one or more districts. The Governor must officially notify such an area as a Metropolitan area.
Money Bill	A bill dealing exclusively with matters like taxation, government borrowing, or expenditure from the Consolidated Fund, as defined by the Constitution. It can only be introduced in the Lok Sabha, and the Rajya Sabha's role is limited to recommending changes, not blocking it.
Municipal area	The specific geographic boundary of a Municipality, as officially declared by the Governor. This defines the jurisdiction within which the Municipality exercises its powers.
Municipality	A local self-government body for urban areas, established under Article 243Q of the Constitution. It governs cities and towns as per constitutional provisions.
Ordinance	A law promulgated by the President (at the Union level) or Governor (at the state level) when the legislature is not in session and immediate action is needed. It has the same force as an Act of the legislature but must be approved within a specified period after the legislature reconvenes, or it lapses.
Panchayat	A local self-government institution for rural areas, established under Article 243B of the Constitution. It governs villages or groups of villages.
Panchayat area	The Panchayat area is the geographic territory over which a particular Panchayat has jurisdiction.
Part	'Part' refers to one of the Parts of the Indian Constitution.
Plea Bargaining	A pre-trial process allowing an accused to negotiate with the prosecution, typically pleading guilty to a lesser charge or accepting a reduced sentence in exchange for a quicker resolution. It is available only for certain categories of offences and is not permitted in serious crimes affecting the socio-economic condition of the country or against women and children.
Police Remand/Custody	The period during which an arrested person may be held in police custody or judicial custody for further investigation, ordered by a magistrate. Total detention before filing of a chargesheet is subject to statutory time limits depending on the severity of the offence.
Preventive Detention	The detention of a person without trial to prevent them from committing a future offence, rather than punishing a past one. Article 22 provides specific procedural safeguards for such detention, including limits on detention periods and rights to representation before an advisory board.
Proclamation of Emergency	A 'Proclamation of Emergency' is a formal declaration of emergency issued under Article 352(1) of the Constitution.
Prohibition	A writ issued to stop a lower court or tribunal from continuing proceedings that exceed its jurisdiction or violate legal limits. Unlike certiorari, it is preventive rather than corrective, issued before the decision is finalised.
Public Interest Litigation (PIL)	A judicial mechanism allowing any public-spirited person or organisation to approach the court on behalf of those unable to do so themselves, typically to enforce fundamental rights or address issues of public concern. It relaxed the traditional rule of standing (locus standi) in Indian constitutional litigation.
Quo Warranto	A writ questioning the legal authority of a person to hold a public office, asking 'by what warrant' they occupy it. If the holder lacks proper qualification or authority, the court can restrain them from acting in that office.
Regional Commissioners	Officials the President may appoint, after consulting the Election Commission, to help it carry out its election-related functions before major elections to the House of the People or State Legislatures.
Rule of Law	A foundational constitutional principle meaning that all persons, including the government, are subject to and accountable under the law, and no one is above it. It implies supremacy of law, equality before law, and predictability in legal processes.
Ruler	A 'Ruler' is a former Prince, Chief, or similar person recognized by the President as head of an Indian State (or their recognized successor) before the 1971 constitutional amendment.
Schedule	'Schedule' means one of the Schedules attached to the Constitution.
Scheduled Castes	'Scheduled Castes' are specific castes, races, or tribes (or parts of them) officially designated as such under Article 341.
Scheduled Tribes	'Scheduled Tribes' are specific tribes or tribal communities (or parts of them) officially designated as such under Article 342.
Self-Incrimination	A constitutional protection giving an accused person the right not to be compelled to be a witness against themselves in a criminal case. This underlies the accused's right to remain silent during interrogation and trial.
Separation of Powers	A constitutional principle dividing governmental functions among the legislature, executive, and judiciary to prevent concentration of power in one body. In India this separation is not rigid but built into checks and balances, and it is considered part of the basic structure.
Union territory	A 'Union territory' is any territory listed in the First Schedule, plus any other Indian territory not specifically listed elsewhere.
Zero FIR	An FIR that can be registered at any police station regardless of where the offence occurred or which station has territorial jurisdiction. It is later transferred to the police station with proper jurisdiction, ensuring victims are not turned away on technical grounds.
agricultural income	Agricultural income has the same meaning here as it does under India's income-tax laws — the Constitution borrows that definition rather than creating its own.
an Anglo-Indian	An Anglo-Indian is someone with European male ancestry who was born and is domiciled in India to parents who lived there permanently, not just temporarily.
article	The word 'article' refers to an article of the Indian Constitution.
borrow	'Borrow' includes raising money through granting annuities, and 'loan' is interpreted the same way.
clause	A 'clause' means a clause within the specific article where the term appears.
corporation tax	Corporation tax is a tax on company income that doesn't cover agricultural income, isn't deducted from dividends paid to individuals, and isn't factored into individuals' income tax calculations.
corresponding Indian State	When it's unclear which Indian State corresponds to a former entity, the President decides for the specific purpose at hand.
corresponding Province	When it's unclear which Province corresponds to a former entity, the President decides for the specific purpose at hand.
corresponding State	When it's unclear which State corresponds to a former entity, the President decides for the specific purpose at hand.
debt	'Debt' includes obligations to repay capital through annuities and liabilities under guarantees; 'debt charges' follows the same meaning.
debt charges	'Debt charges' is interpreted consistently with the definition of 'debt'.
district	Refers to an administrative district within a State. It is the standard territorial division used for local governance purposes.
estate duty	Estate duty is a tax based on the value of property that passes to others when someone dies, calculated according to rules set by Parliament or State law.
existing law	An 'existing law' is any law, order, rule, or similar legal instrument that was validly made before the Constitution came into effect.
foreign State	A 'foreign State' means any country that is not India. The President can, however, declare that some other State should not be treated as a foreign State for specific purposes.
goods	'Goods' covers all types of materials, commodities, and articles.
guarantee	A 'guarantee' includes pre-Constitution commitments to pay money if a business's profits fall below a certain level.
intermediate level	The intermediate level is a tier of local government between the village and district levels, designated as such by the Governor through an official notification.
law	For this Part, 'law' covers not just statutes but also ordinances, orders, bye-laws, rules, regulations, notifications, and even customs or usages that carry legal force in India.
laws in force	This phrase includes pre-Constitution laws made by any competent legislature or authority that haven't been repealed, even if such laws (or parts of them) weren't actually in effect everywhere or at all at that time.
loan	'Loan' is understood the same way as 'borrow', including money raised via annuities.
pension	'Pension' includes any kind of retirement payment, retired pay, gratuities, and provident fund returns paid to a person, whether or not they contributed to it.
population	The population figure used is the one from the most recent census whose data has been officially published. This ensures a consistent and verifiable population count for legal purposes.
public notification	A 'public notification' is an official announcement published in the Gazette of India or a State's Official Gazette.
railway	'Railway' excludes tramways entirely within a city and other lines within a single State that Parliament has declared are not railways.
securities	'Securities' includes stock as one of its forms.
sub-clause	A 'sub-clause' means a sub-clause within the specific clause where the term appears.
tax	'Tax' is interpreted consistently with the definition of 'taxation'.
tax on income	'Tax on income' includes taxes similar to an excess profits tax.
tax on the sale or purchase of goods	This broadly defines 'sale or purchase of goods' to include transfers outside normal contracts, works contracts, hire-purchase deliveries, rights to use goods, supplies by associations to members, and food/drink supplied as services—treating all these as sales and purchases for tax purposes.
taxation	'Taxation' covers imposing any kind of tax, whether general, local, or special; 'tax' is understood the same way.
the State	"The State" refers to all levels of government in India—including the national and state governments and legislatures—as well as local bodies and other authorities operating within India or under the Indian government's control. This broad definition determines which entities' actions can be challenged for violating fundamental rights.
village	A village is any village (or group of villages) that the Governor officially designates as such through a public notification.