Table of Contents Show
I. Detailed Breakdown of the 25 Parts of the Indian Constitution
Each Part of the Constitution deals with a specific area, providing a logical framework for governance.
Part I: The Union and its Territory (Articles 1-4)
- Article 1: Name and territory of the Union.
- Declares India, that is Bharat, as a ‘Union of States’. This implies that Indian states have no right to secede from the Union.
- Specifies the territory of India as comprising: (a) territories of the states, (b) Union Territories, and (c) territories that may be acquired.
- Article 2: Admission or establishment of new States.
- Empowers Parliament to ‘admit into the Union, or establish, new States’ on such terms and conditions as it thinks fit. This applies to states that are not already part of the Indian Union (e.g., Sikkim’s admission).
- Article 3: Formation of new States and alteration of areas, boundaries or names of existing States.
- Empowers Parliament to: (a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state; (b) increase the area of any state; (c) diminish the area of any state; (d) alter the boundaries of any state; (e) alter the name of any state.
- Procedure: A bill for this purpose can be introduced only on the recommendation of the President. Before recommending, the President must refer the bill to the concerned state legislature for expressing its views within a specified period. The Parliament is not bound by the views of the state legislature.
- Article 4: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.
- States that laws made under Article 2 or 3 are not considered amendments to the Constitution under Article 368. This means they can be passed by a simple majority of Parliament.
Part II: Citizenship (Articles 5-11)
- Articles 5-8: Deal with citizenship at the commencement of the Constitution (Jan 26, 1950).
- Article 9: Persons voluntarily acquiring citizenship of a foreign state not to be citizens.
- Article 10: Continuance of the rights of citizenship.
- Article 11: Parliament to regulate the right of citizenship by law.
- Empowers Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
- Key Act: The Citizenship Act, 1955, has been enacted by Parliament under this article.
Part III: Fundamental Rights (Articles 12-35)
- Article 12: Definition of ‘State’.
- Includes the Government and Parliament of India, Government and Legislature of each of the States, all local or other authorities within the territory of India or under the control of the Government of India. This broad definition is crucial because Fundamental Rights are primarily enforceable against the ‘State’.
- Article 13: Laws inconsistent with or in derogation of the Fundamental Rights.
- Declares that any law (pre-constitutional or post-constitutional) that takes away or abridges Fundamental Rights shall be void to the extent of such contravention.
- Introduces the concept of ‘Judicial Review’.
- Doctrine of Severability: If only a part of the law is unconstitutional, only that part is declared void, not the whole law, provided the void part is separable.
- Doctrine of Eclipse: A pre-constitutional law inconsistent with FRs is not dead but becomes inoperative (eclipsed) and can revive if the FR is amended or repealed.
Right to Equality (Articles 14-18)
- Article 14: Equality before law and equal protection of laws.
- Equality before Law (British concept): No person is above the law; equal subjection of all persons to the ordinary law of the land administered by ordinary law courts.
- Equal Protection of Laws (American concept): Equality of treatment under equal circumstances. It permits reasonable classification but prohibits class legislation.
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
- Prohibits the State from discriminating against any citizen on these grounds only.
- Exceptions: Allows the State to make special provisions for: (a) women and children; (b) socially and educationally backward classes of citizens (SC/STs) for their advancement (including reservations in educational institutions, public and private, except minority educational institutions).
- 103rd Amendment Act, 2019: Added Article 15(6) for reservation for Economically Weaker Sections (EWS) up to 10%.
- Article 16: Equality of opportunity in matters of public employment.
- Guarantees equal opportunity for all citizens in matters relating to employment or appointment to any office under the State.
- Exceptions: Allows for: (a) residence as a condition for certain employment (by Parliament law); (b) reservation for backward classes not adequately represented; (c) a law providing that the incumbent of an office related to a religious institution must be a follower of that religion.
- 77th & 85th Amendments: Introduced ‘consequential seniority’ in promotion for SC/STs.
- 103rd Amendment Act, 2019: Added Article 16(6) for reservation for EWS up to 10% in public employment.
- Article 17: Abolition of Untouchability.
- Abolishes ‘Untouchability’ and forbids its practice in any form. The enforcement of any disability arising out of ‘Untouchability’ shall be an offence punishable in accordance with law.
- Key Act: Protection of Civil Rights Act, 1955 (originally Untouchability (Offences) Act, 1955).
- Article 18: Abolition of Titles.
- Prohibits the State from conferring any title (except military or academic distinction).
- Prohibits Indian citizens from accepting any title from any foreign state.
- Prohibits foreigners holding any office of profit or trust under the State from accepting any title from any foreign state without the President’s consent.
- Note: Awards like Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri are not ‘titles’ and can be used as suffixes/prefixes.
Right to Freedom (Articles 19-22)
- Article 19: Protection of certain rights regarding freedom of speech, etc.
- Originally 7 freedoms, now 6. The ‘Right to acquire, hold, and dispose of property’ (Article 19(1)(f)) was removed by the 44th Amendment Act, 1978.
- The 6 freedoms are:
- 19(1)(a): Freedom of Speech and Expression.
- 19(1)(b): Freedom to Assemble peaceably and without arms.
- 19(1)(c): Freedom to Form associations or unions or co-operative societies.
- 19(1)(d): Freedom to Move freely throughout the territory of India.
- 19(1)(e): Freedom to Reside and settle in any part of the territory of India.
- 19(1)(g): Freedom to Practice any profession, or to carry on any occupation, trade or business.
- Restrictions: All these freedoms are subject to ‘reasonable restrictions’ imposed by the State on specific grounds mentioned in clauses (2) to (6) of Article 19 (e.g., sovereignty and integrity of India, public order, morality, defamation).
- Article 20: Protection in respect of conviction for offences.
- Grants three safeguards to persons accused of crimes:
- No ex-post-facto law (20(1)): No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act.
- No double jeopardy (20(2)): No person shall be prosecuted and punished for the same offence more than once. (Applies only to judicial punishment, not departmental or administrative).
- No self-incrimination (20(3)): No person accused of any offence shall be compelled to be a witness against himself. (Applies only to oral evidence, not physical evidence like fingerprints).
- Grants three safeguards to persons accused of crimes:
- Article 21: Protection of life and personal liberty.
- “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- Broadest interpretation by SC: Encompasses a vast array of rights, including: Right to live with human dignity, Right to livelihood, Right to privacy, Right to shelter, Right to health, Right to free legal aid, Right to speedy trial, Right against solitary confinement, Right to clean environment, Right to sleep, Right to reputation, etc.
- Maneka Gandhi case (1978): SC held that ‘procedure established by law’ must be fair, just, and reasonable (due process of law).
- Article 21A: Right to Education.
- Inserted by 86th Constitutional Amendment Act, 2002.
- States shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
- Key Act: Right to Education (RTE) Act, 2009.
- Article 22: Protection against arrest and detention in certain cases.
- Grants protection to persons arrested or detained.
- Rights of an arrested person:
- Right to be informed of the grounds of arrest.
- Right to consult and be defended by a legal practitioner of his choice.
- Right to be produced before the nearest magistrate within 24 hours (excluding travel time).
- Right not to be detained beyond 24 hours without the authority of a magistrate.
- Exceptions: These safeguards are not available to (a) enemy aliens and (b) persons arrested or detained under a preventive detention law.
- Preventive Detention: Article 22 also contains provisions for preventive detention, allowing detention without trial for a period up to 3 months (can be extended by Advisory Board).
Right against Exploitation (Articles 23-24)
- Article 23: Prohibition of traffic in human beings and forced labour.
- Prohibits ‘traffic in human beings’ (buying and selling of men, women, and children for immoral purposes) and ‘begar’ (forced labour without remuneration) and other similar forms of forced labour.
- Exception: Allows the State to impose compulsory service for public purposes (e.g., military service, social service), without discrimination on grounds of religion, race, caste, or class.
- Article 24: Prohibition of employment of children in factories, etc.
- “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”
- Note: It does not prohibit their employment in non-hazardous work.
Right to Freedom of Religion (Articles 25-28)
- Article 25: Freedom of conscience and free profession, practice and propagation of religion.
- Guarantees freedom to all persons (citizens and non-citizens).
- Subject to: public order, morality, health, and other Fundamental Rights.
- Allows the State to regulate or restrict any economic, financial, political or other secular activity associated with religious practice.
- Allows for social welfare and reform, or throwing open Hindu religious institutions of a public character to all classes and sections of Hindus.
- Article 26: Freedom to manage religious affairs.
- Guarantees the right of every religious denomination to: (a) establish and maintain institutions for religious and charitable purposes; (b) manage its own affairs in matters of religion; (c) own and acquire movable and immovable property; and (d) administer such property in accordance with law.
- Note: Article 25 is for individuals, Article 26 is for religious denominations/groups.
- Article 27: Freedom as to payment of taxes for promotion of any particular religion.
- “No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.”
- Note: This prohibits levying taxes, but fees for services (e.g., pilgrimage facilities) are permissible.
- Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
- Prohibits religious instruction in educational institutions wholly maintained out of State funds.
- Allows religious instruction in institutions administered by the State but established under any endowment or trust requiring such instruction.
- Allows voluntary attendance for religious instruction in State-recognized or State-aided institutions.
Cultural and Educational Rights (Articles 29-30)
- Article 29: Protection of interests of minorities.
- Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
- No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
- Note: This right is available to both religious and linguistic minorities.
- Article 30: Right of minorities to establish and administer educational institutions.
- All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
- The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority.
Right to Constitutional Remedies (Article 32)
- Article 32: Remedies for enforcement of rights conferred by this Part.
- Dr. B.R. Ambedkar called it the ‘heart and soul’ of the Constitution.
- Guarantees the right to move the Supreme Court directly for the enforcement of Fundamental Rights.
- The Supreme Court has the power to issue directions or orders or writs for the enforcement of any of the Fundamental Rights.
- Types of Writs:
- Habeas Corpus: ‘To have the body of’. Issued to produce a person who has been detained, to examine the legality of detention.
- Mandamus: ‘We command’. Issued by a court to a public official asking him to perform his official duties that he has failed or refused to perform.
- Prohibition: Issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
- Certiorari: ‘To be certified’ or ‘to be informed’. Issued by a higher court to a lower court or tribunal to quash the order passed by the latter in excess of jurisdiction or error of law.
- Quo Warranto: ‘By what authority or warrant’. Issued by the court to enquire into the legality of claim of a person to a public office.
Part IV: Directive Principles of State Policy (Articles 36-51)
- Article 36: Definition of ‘State’ (same as Article 12).
- Article 37: Application of the principles contained in this Part.
- States that DPSPs are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. They are non-justiciable (cannot be enforced by courts).
- Article 38: State to secure a social order for the promotion of welfare of the people.
- Directs the State to strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of national life.
- Article 39: Certain principles of policy to be followed by the State.
- Includes: (a) adequate means of livelihood for all citizens; (b) equitable distribution of material resources of the community; (c) prevention of concentration of wealth; (d) equal pay for equal work for men and women; (e) protection of health and strength of workers and children.
- Article 39A: Equal justice and free legal aid.
- Added by 42nd Amendment, 1976.
- State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular provide free legal aid.
- Article 40: Organization of village panchayats.
- State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. (Later given constitutional status by 73rd Amendment).
- Article 44: Uniform Civil Code.
- State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.
- Article 45: Provision for early childhood care and education to children below the age of six years.
- (Original Article 45 provided for free and compulsory education for all children until they complete 14 years, which was later shifted to Article 21A, and this new provision was inserted by the 86th Amendment, 2002).
- Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
- State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. (Relevant to the hookah ban question).
- Article 48A: Protection and improvement of environment and safeguarding of forests and wild life.
- Added by 42nd Amendment, 1976.
- State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
- Article 50: Separation of judiciary from executive.
- State shall take steps to separate the judiciary from the executive in the public services of the State.
- Article 51: Promotion of international peace and security.
- State shall endeavour to: (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations; and (d) encourage settlement of international disputes by arbitration.
Part IVA: Fundamental Duties (Article 51A)
- Article 51A: Fundamental duties.
- Added by 42nd Constitutional Amendment Act, 1976, on the recommendation of the Swaran Singh Committee.
- Originally 10 duties, now 11. The 11th duty (to provide opportunities for education to his child or ward between the age of six and fourteen years) was added by the 86th Amendment Act, 2002.
- These are non-justiciable.
Part V: The Union (Articles 52-151)
- The President and Vice-President
- Article 52: The President of India.
- Article 54: Election of President. (Electoral College: Elected members of both Houses of Parliament and elected members of the Legislative Assemblies of the States, and also of Delhi and Puducherry UTs).
- Article 56: Term of office of President. (5 years).
- Article 58: Qualifications for election as President. (Citizen of India, 35 years of age, qualified for election as a member of the House of the People).
- Article 60: Oath or affirmation by the President. (Administered by CJI or senior-most SC judge).
- Article 61: Procedure for impeachment of the President. (Can be initiated by either House, requires 1/4th members’ signature, 14 days notice, resolution passed by 2/3rd total membership of both Houses).
- Article 63: The Vice-President of India.
- Article 64: The Vice-President to be ex-officio Chairman of the Council of States (Rajya Sabha).
- Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. (Pardoning power extends to all cases where punishment is for an offence against Union law, court martial, or death sentence).
- Council of Ministers
- Article 74: Council of Ministers to aid and advise President. (President shall act in accordance with such advice, but may require the Council of Ministers to reconsider such advice – 44th Amendment. President shall act in accordance with the advice tendered after such reconsideration).
- Article 75: Other provisions as to Ministers. (PM appointed by President, other ministers by President on PM’s advice. Ministers hold office during President’s pleasure. Council of Ministers collectively responsible to Lok Sabha).
- Attorney-General of India
- Article 76: Attorney-General for India. (Highest law officer, appointed by President, holds office during President’s pleasure, has right to speak in Parliament but no right to vote).
- Parliament
- Article 79: Constitution of Parliament. (President + Rajya Sabha + Lok Sabha).
- Article 80: Composition of the Council of States (Rajya Sabha). (Max 250 members: 238 elected, 12 nominated by President).
- Article 81: Composition of the House of the People (Lok Sabha). (Max 550 elected members: 530 from states, 20 from UTs. No nominated Anglo-Indian members after 104th Amendment, 2019).
- Article 85: Sessions of Parliament, prorogation and dissolution. (President summons, prorogues, dissolves Lok Sabha. Max gap between two sessions is 6 months).
- Article 100: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. (Quorum is 1/10th of total members).
- Article 102: Disqualifications for membership. (Office of profit, unsound mind, undischarged insolvent, not a citizen of India, disqualified by any law made by Parliament – e.g., Representation of People Act, 1951).
- Article 108: Joint sitting of both Houses in certain cases. (Called by President for ordinary bills if deadlock. Presided over by Speaker of Lok Sabha).
- Article 110: Definition of βMoney Billsβ. (Deals with taxation, government borrowing, Consolidated Fund. Speaker’s decision is final).
- Article 111: Assent to Bills. (President can assent, withhold assent, or return for reconsideration (except Money Bill). If returned and passed again, President must assent).
- Article 112: Annual financial statement (Budget).
- Supreme Court
- Article 124: Establishment and constitution of Supreme Court. (CJI + other judges. Max strength determined by Parliament. Judges appointed by President).
- Article 127: Appointment of ad hoc Judges. (CJI can appoint High Court judge as ad hoc SC judge with President’s consent and after consulting CJ of concerned HC, if quorum is lacking).
- Article 128: Attendance of retired Judges at sittings of the Supreme Court. (CJI can request retired SC or HC judge to sit and act as SC judge with President’s consent).
- Article 129: Supreme Court to be a court of record. (Has power to punish for contempt of itself).
- Article 131: Original jurisdiction of the Supreme Court. (Disputes between Centre and states, or between states).
- Article 136: Special leave to appeal by the Supreme Court. (Discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India).
- Article 137: Review of judgments or orders by the Supreme Court. (Power to review its own judgments).
- Article 141: Law declared by Supreme Court to be binding on all courts.
- Article 143: Power of President to consult Supreme Court. (Advisory jurisdiction).
- Comptroller and Auditor-General of India (CAG)
- Article 148: Comptroller and Auditor-General of India. (Appointed by President, removed like a SC judge. Independent auditor of government accounts).
Part VI: The States (Articles 152-237)
- The Governor
- Article 153: Governors of States. (There shall be a Governor for each State. Same person can be Governor for two or more states – 7th Amendment, 1956).
- Article 154: Executive power of State. (Vested in Governor).
- Article 156: Term of office of Governor. (Holds office during the pleasure of the President).
- Article 161: Power of Governor to grant pardons, etc. (Similar to President’s, but cannot pardon death sentences or court-martial sentences).
- Article 163: Council of Ministers to aid and advise Governor.
- The State Legislature
- Article 168: Constitution of Legislatures in States. (Governor + Legislative Assembly + Legislative Council (where applicable)).
- Article 174: Sessions of the State Legislature, prorogation and dissolution. (Governor summons, prorogues, dissolves Legislative Assembly).
- Article 176: Special address by the Governor.
- Article 191: Disqualifications for membership. (Similar to Article 102 for MPs).
- Article 199: Definition of βMoney Billsβ in State Legislature.
- Article 200: Assent to Bills by Governor. (Governor can assent, withhold assent, return for reconsideration, or reserve for President’s consideration).
- Article 202: Annual financial statement (State Budget).
- High Courts
- Article 214: High Courts for States.
- Article 215: High Courts to be courts of record.
- Article 217: Appointment and conditions of the office of a Judge of a High Court. (Appointed by President in consultation with CJI, Governor of state, and CJ of that HC).
- Article 224: Appointment of additional and acting Judges. (President can appoint additional judges for up to 2 years to clear arrears, or acting judges if a permanent judge is absent).
- Article 226: Power of High Courts to issue certain writs. (Broader than SC’s power under Article 32, as it can issue writs for enforcement of FRs AND for ‘any other purpose’).
- Article 231: Establishment of a common High Court for two or more States or for two or more States and a Union territory. (Parliament can establish).
Part VIII: The Union Territories (Articles 239-242)
- Article 239: Administration of Union territories.
- Article 239AA: Special provisions with respect to Delhi. (Provides for a Legislative Assembly and Council of Ministers for Delhi).
Part IX: The Panchayats (Articles 243-243O)
- Added by 73rd Constitutional Amendment Act, 1992.
- Article 243B: Constitution of Panchayats (three-tier system).
- Article 243D: Reservation of seats (for SC/ST, and not less than one-third for women).
- Article 243E: Duration of Panchayats (5 years).
- Article 243K: Elections to the Panchayats (State Election Commission).
- Article 243G: Powers, authority and responsibilities of Panchayats (29 subjects in 11th Schedule).
Part IXA: The Municipalities (Articles 243P-243ZG)
- Added by 74th Constitutional Amendment Act, 1992.
- Article 243Q: Constitution of Municipalities (Nagar Panchayats, Municipal Councils, Municipal Corporations).
- Article 243T: Reservation of seats (for SC/ST, and not less than one-third for women).
- Article 243U: Duration of Municipalities (5 years).
- Article 243ZA: Elections to the Municipalities (State Election Commission).
- Article 243W: Powers, authority and responsibilities of Municipalities (18 subjects in 12th Schedule).
Part IXB: The Co-operative Societies (Articles 243ZH-243ZT)
- Added by 97th Constitutional Amendment Act, 2011.
- Gives constitutional status and protection to co-operative societies.
Part X: The Scheduled and Tribal Areas (Articles 244-244A)
- Article 244: Administration of Scheduled Areas and Tribal Areas.
- 5th Schedule: Applies to administration and control of Scheduled Areas and Scheduled Tribes in any state except Assam, Meghalaya, Tripura, and Mizoram.
- 6th Schedule: Applies to administration of Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram (AMTM).
Part XI: Relations between the Union and the States (Articles 245-263)
- Legislative Relations
- Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States (distribution of powers via Union List, State List, Concurrent List – 7th Schedule).
- Article 249: Power of Parliament to legislate with respect to a matter in the State List in the national interest. (Requires Rajya Sabha resolution by 2/3rd majority. Valid for 1 year, can be extended).
- Article 252: Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
- Article 253: Legislation for giving effect to international agreements.
- Administrative Relations
- Article 256: Obligation of States and the Union.
- Article 257: Control of the Union over States in certain cases.
- Inter-State Relations
- Article 262: Adjudication of disputes relating to waters of inter-State rivers or river valleys. (Parliament can provide for adjudication of such disputes and bar jurisdiction of SC/HCs).
- Article 263: Provisions with respect to an Inter-State Council. (President can establish to inquire into disputes, investigate subjects of common interest, and make recommendations).
Part XII: Finance, Property, Contracts and Suits (Articles 264-300A)
- Article 265: Taxes not to be imposed save by authority of law.
- Article 266: Consolidated Funds and public accounts of India and of the States.
- Article 267: Contingency Fund. (President/Governor can make advances from it to meet unforeseen expenditure).
- Article 280: Finance Commission. (Constituted by President every five years to recommend distribution of taxes between Centre and States).
- Article 300A: Persons not to be deprived of property save by authority of law.
- Inserted by 44th Constitutional Amendment Act, 1978.
- The ‘Right to Property’ was removed from Fundamental Rights (Article 31 and 19(1)(f)) and made a legal right under this article.
Part XIII: Trade, Commerce and Intercourse within the Territory of India (Articles 301-307)
- Article 301: Freedom of trade, commerce and intercourse.
- Article 302: Power of Parliament to impose restrictions on trade, commerce and intercourse.
Part XIV: Services under the Union and the States (Articles 308-323)
- Article 309: Recruitment and conditions of service of persons serving the Union or a State.
- Article 310: Tenure of office of persons serving the Union or a State (doctrine of pleasure).
- Article 311: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State (safeguards for civil servants).
- Article 315: Public Service Commissions for the Union and for the States.
- Article 316: Appointment and term of office of members (UPSC/SPSC).
Part XIVA: Tribunals (Articles 323A-323B)
- Added by 42nd Constitutional Amendment Act, 1976.
- Article 323A: Administrative Tribunals (e.g., Central Administrative Tribunal – CAT).
- Article 323B: Tribunals for other matters (e.g., taxation, land reforms, foreign exchange).
Part XV: Elections (Articles 324-329A)
- Article 324: Superintendence, direction and control of elections to be vested in an Election Commission. (ECI for Parliament, State Legislatures, President, VP).
- Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on grounds of religion, race, caste or sex.
- Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. (Voting age 18, reduced from 21 by 61st Amendment, 1989).
Part XVI: Special Provisions relating to certain Classes (Articles 330-342)
- Article 330: Reservation of seats for SCs and STs in the House of the People (Lok Sabha).
- Article 332: Reservation of seats for SCs and STs in the Legislative Assemblies of the States.
- Article 338: National Commission for Scheduled Castes.
- Article 338A: National Commission for Scheduled Tribes (separated from NC for SC by 89th Amendment, 2003).
- Article 338B: National Commission for Backward Classes (constitutional status by 102nd Amendment, 2018).
- Article 340: Appointment of a Commission to investigate the conditions of backward classes.
Part XVII: Official Language (Articles 343-351)
- Article 343: Official language of the Union. (Hindi in Devanagari script, English to continue for 15 years from commencement, Parliament can provide for its continued use).
- Article 351: Directive for development of the Hindi language.
Part XVIII: Emergency Provisions (Articles 352-360)
- Article 352: Proclamation of Emergency (National Emergency).
- Grounds: War, external aggression, or armed rebellion (originally ‘internal disturbance’, changed by 44th Amendment, 1978).
- Requires written recommendation from Union Cabinet.
- Requires approval by both Houses of Parliament by special majority within one month.
- Article 356: Provisions in case of failure of constitutional machinery in States (President’s Rule).
- Grounds: Governor’s report or otherwise, if President is satisfied that state government cannot be carried on in accordance with Constitution.
- Requires approval by both Houses of Parliament by simple majority within two months.
- Max duration: 3 years (with parliamentary approval every 6 months), beyond 1 year requires specific conditions (emergency in force, ECI certifies elections are difficult).
- Article 360: Provisions as to Financial Emergency.
- Grounds: If President is satisfied that financial stability or credit of India is threatened.
- Requires approval by both Houses of Parliament by simple majority within two months.
- No maximum period prescribed.
Part XIX: Miscellaneous (Articles 361-367)
- Article 361: Protection of President and Governors and Rajpramukhs (immunity from court proceedings for official acts).
Part XX: Amendment of the Constitution (Article 368)
- Article 368: Power of Parliament to amend the Constitution and procedure therefor.
- Three types of amendment:
- Simple Majority: Not under Article 368 (e.g., formation of new states, abolition of Legislative Councils, citizenship laws).
- Special Majority of Parliament: (2/3rd of members present and voting, AND majority of total membership of each House).
- Special Majority of Parliament + Ratification by half of State Legislatures: For federal provisions (e.g., election of President, distribution of legislative powers, 7th Schedule).
- Basic Structure Doctrine: Supreme Court in Kesavananda Bharati case (1973) held that Parliament cannot amend the ‘Basic Structure’ of the Constitution.
- Three types of amendment:
Part XXI: Temporary, Transitional and Special Provisions (Articles 369-392)
- Article 370: Temporary provisions with respect to the State of Jammu and Kashmir. (Largely abrogated by Presidential Order in 2019).
- Articles 371-371J: Special provisions for various states (e.g., Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) to address regional imbalances or specific needs.
Part XXII: Short Title, Commencement, Authoritative Text in Hindi and Repeals (Articles 393-395)
- Article 393: Short title (Constitution of India).
- Article 394: Commencement (Jan 26, 1950).
- Article 394A: Authoritative text in the Hindi language (added by 58th Amendment, 1987).
II. Detailed Breakdown of the 12 Schedules of the Indian Constitution
1st Schedule: Territories
- Content: Names of the States and Union Territories and their territorial jurisdiction.
- Related Articles: Articles 1 and 4.
- Detail: Any change in the number of states/UTs or their boundaries requires an amendment to this Schedule.
2nd Schedule: Emoluments
- Content: Provisions relating to the salaries, allowances, and privileges of:
- President of India
- Governors of States
- Speaker and Deputy Speaker of Lok Sabha
- Chairman and Deputy Chairman of Rajya Sabha
- Speaker and Deputy Speaker of State Legislative Assemblies
- Chairman and Deputy Chairman of State Legislative Councils
- Judges of the Supreme Court and High Courts
- Comptroller and Auditor-General of India (CAG)
- Related Articles: Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186, and 221.
- Detail: Specifies the financial entitlements of key constitutional functionaries.
3rd Schedule: Affirmations
- Content: Forms of Oaths or Affirmations for:
- Union Ministers
- Candidates for election to Parliament
- Members of Parliament
- Judges of the Supreme Court
- Comptroller and Auditor-General of India
- State Ministers
- Candidates for election to a State Legislature
- Members of a State Legislature
- Judges of the High Courts
- Related Articles: Articles 75(4), 99, 124(6), 148(2), 164(3), 188, and 219.
- Detail: Ensures that individuals holding high office solemnly pledge their allegiance and commitment.
4th Schedule: Rajya Sabha Seats
- Content: Provisions relating to the allocation of seats in the Rajya Sabha (Council of States) to the States and Union Territories.
- Related Articles: Articles 4(1) and 80(2).
- Detail: Allocation is based on the population of each state/UT, ensuring proportional representation.
5th Schedule: Scheduled Areas & Tribes (Excluding AMTM)
- Content: Provisions relating to the administration and control of Scheduled Areas and Scheduled Tribes in any State other than Assam, Meghalaya, Tripura, and Mizoram.
- Related Articles: Article 244.
- Detail: Provides for the establishment of Tribes Advisory Councils (TACs) and empowers the Governor to make regulations for the peace and good government of Scheduled Areas. Parliament’s laws may not apply or may apply with modifications.
6th Schedule: Other Tribal Areas (AMTM)
- Content: Provisions relating to the administration of Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram (AMTM).
- Related Articles: Articles 244 and 275.
- Detail: Provides for the creation of Autonomous Districts and Autonomous Regions, which have powers to make laws on certain subjects (e.g., land, forest, shifting cultivation, local administration, inheritance, marriage, social customs) and also have their own courts.
7th Schedule: Federal Provisions (Lists)
- Content: Deals with the distribution of powers between the Union and the States in terms of legislative subjects. It contains three lists:
- Union List (List I): 97 subjects (originally 97, now 100 entries) on which Parliament has exclusive power to make laws (e.g., Defence, Foreign Affairs, Railways, Banking, Citizenship).
- State List (List II): 61 subjects (originally 66) on which State Legislatures have exclusive power to make laws (e.g., Public Order, Police, Public Health, Agriculture, Local Government).
- Concurrent List (List III): 52 subjects (originally 47) on which both Parliament and State Legislatures can make laws (e.g., Education, Forests, Trade Unions, Marriage, Adoption, Criminal Law). In case of conflict, Union law prevails.
- Related Articles: Article 246.
- Detail: This Schedule is fundamental to India’s federal structure. 5 subjects were transferred from the State List to the Concurrent List by the 42nd Amendment Act, 1976 (Education, Forests, Weights & Measures, Protection of Wild Animals & Birds, Administration of Justice).
8th Schedule: Official Languages
- Content: Lists the 22 official languages recognized by the Constitution of India.
- Related Articles: Articles 344 and 351.
- Detail: Originally 14 languages. Languages added through amendments:
- Sindhi (21st Amendment, 1967)
- Konkani, Manipuri, Nepali (71st Amendment, 1992)
- Bodo, Dogri, Maithili, Santhali (92nd Amendment, 2003) (Relevant to Santhali language question).
9th Schedule: Land Reforms
- Content: Contains acts and regulations of the State Legislatures dealing with land reforms and abolition of the Zamindari system, and other matters.
- Related Articles: Article 31B.
- Added by: 1st Constitutional Amendment Act, 1951.
- Detail: It was created to protect laws included in it from judicial scrutiny on the ground of violation of Fundamental Rights. However, in the I.R. Coelho case (2007), the Supreme Court ruled that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) are open to judicial review if they violate the Basic Structure of the Constitution.
10th Schedule: Anti-Defection Law
- Content: Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection.
- Related Articles: Articles 102 and 191.
- Added by: 52nd Constitutional Amendment Act, 1985 (also known as Anti-defection Law).
- Detail: Aims to prevent political defections and ensure stability of governments. Decision on disqualification rests with the Presiding Officer of the House (Speaker/Chairman).
11th Schedule: Panchayats
- Content: Specifies the powers, authority, and responsibilities of Panchayats. It lists 29 functional items within the purview of Panchayats.
- Related Articles: Article 243G.
- Added by: 73rd Constitutional Amendment Act, 1992.
- Detail: Gives constitutional status to Panchayati Raj Institutions.
12th Schedule: Municipalities
- Content: Specifies the powers, authority, and responsibilities of Municipalities. It lists 18 functional items within the purview of Municipalities.
- Related Articles: Article 243W.
- Added by: 74th Constitutional Amendment Act, 1992.
- Detail: Gives constitutional status to Urban Local Bodies.
III. Key Amendments & Important Concepts
Beyond specific articles and schedules, understanding key amendments and constitutional concepts is vital.
- 42nd Amendment Act, 1976 (Mini-Constitution):
- Added Preamble words: Socialist, Secular, Integrity.
- Added Fundamental Duties (Part IVA).
- Made President bound by advice of CoM.
- Transferred 5 subjects from State to Concurrent List.
- Added Article 39A, 43A, 48A (DPSPs).
- Added Part XIVA (Tribunals).
- 44th Amendment Act, 1978:
- Removed Right to Property from FRs (Article 31 and 19(1)(f)) and made it a legal right (Article 300A).
- Restored President’s power to return advice of CoM for reconsideration.
- Replaced ‘internal disturbance’ with ‘armed rebellion’ for National Emergency (Article 352).
- Made proclamation of National Emergency require written recommendation of Cabinet.
- 61st Amendment Act, 1989: Reduced voting age from 21 to 18 for Lok Sabha and State Assembly elections (Article 326).
- 73rd & 74th Amendment Acts, 1992: Constitutionalized Panchayati Raj (Part IX, 11th Schedule) and Urban Local Bodies (Part IXA, 12th Schedule).
- 86th Amendment Act, 2002: Made Right to Education a Fundamental Right (Article 21A) and changed Article 45. Also added 11th Fundamental Duty.
- 92nd Amendment Act, 2003: Added Bodo, Dogri, Maithili, Santhali to 8th Schedule.
- 101st Amendment Act, 2016: Introduced Goods and Services Tax (GST).
- 102nd Amendment Act, 2018: Granted constitutional status to the National Commission for Backward Classes (NCBC) and added Article 338B.
- 103rd Amendment Act, 2019: Introduced 10% reservation for Economically Weaker Sections (EWS) in government jobs and educational institutions (Articles 15(6) and 16(6)).
- 104th Amendment Act, 2019: Extended reservation for SCs and STs in Lok Sabha and state assemblies for another 10 years (till Jan 2030) and removed the reserved seats for the Anglo-Indian community.
This detailed guide should provide you with the comprehensive information you need to understand and recall the intricate details of the Indian Constitution, especially those relevant to your exam topics. Remember to use the mnemonics as a starting point and then delve into the specifics of each Article and Schedule. Consistent revision and practice will be your best allies!