संSamvidhan

Legal glossary

104 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	This refers to a Committee set up as provided under Article 243S, typically a Wards Committee within a Municipality.
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 Election Commission is the constitutional body responsible for supervising and conducting elections to Parliament, State Legislatures, and the offices of President and Vice-President. It also oversees preparation of electoral rolls for these elections.
Federal Court	The court that was established under the 1935 Government of India Act, before the Supreme Court of India existed.
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 voters registered in a village that falls under a village-level Panchayat's area.
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	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	A territory that was officially recognized as a State by the Dominion of India's government before full independence/republic status.
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 Metropolitan area is a large urban region with a population of one million or more, spanning one or more districts and including two or more Municipalities, Panchayats, or adjoining areas, which the Governor officially declares as such through a public notification.
Money Bill	A Money Bill is a bill that deals only with taxes, government borrowing or guarantees, the Consolidated Fund or Contingency Fund of India (its custody, receipts, withdrawals, or appropriations), charged expenditure, or audit of Union/State accounts, or matters incidental to these. It does not include bills that merely impose fines, license fees, or service fees, or that let local authorities impose taxes for local purposes.
Municipal area	This is the geographical boundary of a Municipality as officially notified by the Governor.
Municipality	A Municipality is a local self-government body for urban areas, established under Article 243Q.
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 Panchayat is a local self-government body for rural areas, established under Article 243B.
Panchayat area	This refers to the geographic area over which a particular Panchayat has jurisdiction.
Part	Refers to one of the major Parts (sections) into which the Constitution is divided.
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	The official declaration of a national emergency made under Article 352(1).
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 former royal ruler of a princely State (or their recognized successor) as acknowledged by the President before the 1971 abolition of privy purses.
Schedule	Refers to one of the Schedules attached to the Constitution.
Scheduled Castes	Specific castes or groups officially listed as Scheduled Castes under Article 341, entitled to certain constitutional protections.
Scheduled Tribes	Specific tribal communities officially listed as Scheduled Tribes under Article 342, entitled to certain constitutional protections.
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.
Services	Services means anything that is not physical goods, e.g., work or actions provided to someone.
State (for articles 246A, 268, 269, 269A, 279A)	For these specific tax-related articles, 'State' also covers Union territories that have their own legislature, like Delhi.
Union territory	A Union territory is one listed in the First Schedule, or any other Indian territory not listed as part of a State.
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	It means income from agriculture, using the same meaning given to that term in Indian income-tax laws.
an Anglo-Indian	A person with European male ancestry who is domiciled in India and born there to parents who lived there permanently, not just temporarily.
article	Refers to an article (numbered provision) of the Indian Constitution.
borrow	Borrowing includes raising money through granting annuities; 'loan' is interpreted the same way.
clause	A clause is a sub-part of the article where the word 'clause' appears.
corporation tax	A tax on company income that excludes agricultural income and cannot be deducted from dividends paid to shareholders or adjusted against their personal income tax.
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 Province, corresponding Indian State or corresponding State	When it's unclear which old Province or State corresponds to a new one, the President decides which one it is for that purpose.
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 money as annuities and liabilities under guarantees; 'debt charges' follows the same meaning.
debt charges	'Debt charges' is interpreted consistently with the definition of 'debt'.
district	It simply means an administrative district within a State.
estate duty	A tax charged on the value of property that passes to heirs when a person dies, calculated using rules set by Parliament or State law.
existing law	Any law or rule that was validly made before the Constitution came into force.
foreign State	For constitutional purposes, a 'foreign State' is any country other than India itself. The President can, by order and subject to any law made by Parliament, declare that a particular State should not be treated as a foreign State for specified purposes.
goods	Goods covers all physical materials, commodities, and articles.
goods and services tax	GST is a tax on the supply of goods, services, or both, but does not apply to alcoholic drinks meant for human consumption.
guarantee	A guarantee includes pre-Constitution promises to pay money if a business's profits fall below a set level.
intermediate level	This is an administrative tier between the village and district levels, officially designated by the State's Governor through a public notification.
law	The term 'law' covers not just statutes but also Ordinances, orders, bye-laws, rules, regulations, notifications, and even customs or usages that have legal force in India.
laws in force	This means all laws enacted before the Constitution came into force by any legislature or authorized body in India, as long as they weren't repealed earlier—even if such laws weren't actually being enforced everywhere or at all at that time.
loan	'Loan' is understood the same way as 'borrow', including money raised via annuities.
pension	Any regular payment made to a retired person, including retired pay, gratuity, and provident fund refunds with interest.
population	Population refers to the figures from the most recent census that have been officially published.
public notification	An official announcement published in the Gazette of India or a State's Official Gazette.
railway	Railway excludes local tramways within a city and any single-State transport line that Parliament has declared not to be a railway.
securities	The term securities also covers stock.
socially and educationally backward classes	Groups officially identified as backward classes under Article 342A for central or state/UT purposes, eligible for certain protections.
sub-clause	A sub-clause is a smaller division within the clause where the term appears.
tax	'Tax' is interpreted consistently with the definition of 'taxation'.
tax on income	A tax on income also includes taxes charged on excess profits.
tax on the sale or purchase of goods	This broadly covers taxes on many kinds of goods transactions beyond simple sales, including works contracts, hire-purchase, leasing goods, club supplies to members, and supply of food/drink as part of service—all treated as sales/purchases for tax purposes.
taxation	Taxation covers any kind of tax or levy, whether nationwide, local, or special; 'tax' is understood the same way.
the State	For Part III of the Constitution, 'the State' means not just the central and state governments and legislatures, but also local bodies (like municipalities) and other authorities operating within India or under the Indian government's control. This broad definition makes fundamental rights enforceable against all these entities.
village	A village is any village (or group of villages) that the Governor has formally designated as such through a public notification for Panchayat purposes.