Saturday, November 28, 2015


Constitution of India : List of All Articles (1-395) and Parts (1-22)



Constitution of India contains 395 articles in 22 parts. Additional articles and parts are inserted later through various amendments. There are also 12 schedules in Indian Constitution. Those who are looking for a summary of Indian Constitution, this post might be the right place to start with; to understand the purpose and background of each article of the Constitution of India. This post can be seen as a ready reckoner/index of the Constitution of India. (Titles are mentioned for all articles from 1-395, separated under various parts and chapters. Preamble and Repealed articles or parts are specially mentioned.)

PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;constitution of india
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of November 1949 , do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

PART I : THE UNION AND ITS TERRITORY

1 Name and territory of the Union.
2 Admission or establishment of new States.
2A [Repealed.]
3 Formation of new States and alteration of areas, boundaries or names of existing States.
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.

PART II: CITIZENSHIP

5 Citizenship at the commencement of the Constitution.
6 Rights of citizenship of certain persons who have migrated to India from Pakistan.
7 Rights of citizenship of certain migrants to Pakistan.
8 Rights of citizenship of certain persons of Indian origin residing outside India.
9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
10 Continuance of the rights of citizenship.
11 Parliament to regulate the right of citizenship by law.

PART III : FUNDAMENTAL RIGHTS

General
12 Definition.
13 Laws inconsistent with or in derogation of the fundamental rights.
Right to Equality
14 Equality before law.
15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
16 Equality of opportunity in matters of public employment.
17 Abolition of Untouchability.
18 Abolition of titles.
Right to Freedom
19 Protection of certain rights regarding freedom of speech, etc.
20 Protection in respect of conviction for offences.
21 Protection of life and personal liberty.
22 Protection against arrest and detention in certain cases.
Right against Exploitation
23 Prohibition of traffic in human beings and forced labour.
24 Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25 Freedom of conscience and free profession, practice and propagation of religion.
26 Freedom to manage religious affairs.
27 Freedom as to payment of taxes for promotion of any particular religion.
28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational Rights
29 Protection of interests of minorities.
30 Right of minorities to establish and administer educational institutions.
31 [Repealed.]
Saving of Certain Laws
31A Saving of Laws providing for acquisition of estates, etc.
31B Validation of certain Acts and Regulations.
31C Saving of laws giving effect to certain directive principles.
31D [Repealed.]
Right to Constitutional Remedies
32 Remedies for enforcement of rights conferred by this Part.
32A [Repealed.]
33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
34 Restriction on rights conferred by this Part while martial law is in force in any area.
35 Legislation to give effect to the provisions of this Part.

PART IV : DIRECTIVE PRINCIPLES OF STATE POLICY

36 Definition.
37 Application of the principles contained in this Part.
38 State to secure a social order for the promotion of welfare of the people.
39 Certain principles of policy to be followed by the State.
39A Equal justice and free legal aid.
40 Organisation of village panchayats.
41 Right to work, to education and to public assistance in certain cases.
42 Provision for just and humane conditions of work and maternity relief.
43 Living wage, etc., for workers.
43A Participation of workers in management of industries.
44 Uniform civil code for the citizens.
45 Provision for free and compulsory education for children.
46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
48 Organisation of agriculture and animal husbandry.
48A Protection and improvement of environment and safeguarding of forests and wild life.
49 Protection of monuments and places and objects of national importance.
50 Separation of judiciary from executive.
51 Promotion of international peace and security.

PART IVA : FUNDAMENTAL DUTIES

51A Fundamental duties.

PART V : THE UNION

CHAPTER I : THE EXECUTIVE

The President and Vice-President
52 The President of India.
53 Executive power of the Union.
54 Election of President.
55 Manner of election of President.
56 Term of office of President.
57 Eligibility for re-election.
58 Qualifications for election as President.
59 Conditions of President’s office.
60 Oath or affirmation by the President.
61 Procedure for impeachment of the President.
62 Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.
63 The Vice-President of India.
64 The Vice-President to be ex officio Chairman of the Council of States.
65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
66 Election of Vice-President.
67 Term of office of Vice-President.
68 Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy.
69 Oath or affirmation by the Vice-President.
70 Discharge of President’s functions in other contingencies.
71 Matters relating to, or connected with, the election of a President or Vice-President.
72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
73 Extent of executive power of the Union.
Council of Ministers
74 Council of Ministers to aid and advise President.
75 Other provisions as to Ministers.
The Attorney-General for India
76 Attorney-General for India.
Conduct of Government Business
77 Conduct of business of the Government of India.
78 Duties of Prime Minister as respects the furnishing of information to the President, etc.

CHAPTER II : PARLIAMENT

General
79 Constitution of Parliament.
80 Composition of the Council of States.
81 Composition of the House of the People.
82 Readjustment after each census.
83 Duration of Houses of Parliament.
84 Qualification for membership of Parliament.
85 Sessions of Parliament, prorogation and dissolution.
86 Right of President to address and send messages to Houses.
87 Special address by the President.
88 Rights of Ministers and Attorney-General as respects Houses.
Officers of Parliament
89 The Chairman and Deputy Chairman of the Council of States.
90 Vacation and resignation of, and removal from, the office of Deputy Chairman.
91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
93 The Speaker and Deputy Speaker of the House of the People .
94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.
98 Secretariat of Parliament.
Conduct of Business
99 Oath or affirmation by members.
100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
Disqualifications of Members
101 Vacation of seats.
102 Disqualifications for membership.
103 Decision on questions as to disqualifications of members.
104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament and its Members
105 Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
106 Salaries and allowances of members.
Legislative Procedure
107 Provisions as to introduction and passing of Bills.
108 Joint sitting of both Houses in certain cases.
109 Special procedure in respect of Money Bills.
110 Definition of “Money Bills”.
111 Assent to Bills.
Procedure in Financial Matters
112 Annual financial statement.
113 Procedure in Parliament with respect to estimates.
114 Appropriation Bills.
115 Supplementary, additional or excess grants.
116 Votes on account, votes of credit and exceptional grants.
117 Special provisions as to financial Bills.
Procedure Generally
118 Rules of procedure.
119 Regulation by law of procedure in Parliament in relation to financial business.
120 Language to be used in Parliament.
121 Restriction on discussion in Parliament.
122 Courts not to inquire into proceedings of Parliament.

CHAPTER III : LEGISLATIVE POWERS OF THE PRESIDENT

123 Power of President to promulgate Ordinances during recess of Parliament.

CHAPTER IV : THE UNION JUDICIARY

124 Establishment and constitution of Supreme Court.
125 Salaries, etc., of Judges.
126 Appointment of acting Chief Justice.
127 Appointment of ad hoc judges.
128 Attendance of retired Judges at sittings of the Supreme Court.
129 Supreme Court to be a court of record.
130 Seat of Supreme Court.
131 Original jurisdiction of the Supreme Court.
131A [Repealed.]
132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.
133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters.
134 Appellate jurisdiction of Supreme Court in regard to criminal matters.
134A Certificate for appeal to the Supreme Court.
135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.
136 Special leave to appeal by the Supreme Court.
137 Review of judgments or orders by the Supreme Court.
138 Enlargement of the jurisdiction of the Supreme Court.
139 Conferment on the Supreme Court of powers to issue certain writs.
139A Transfer of certain cases.
140 Ancillary powers of Supreme Court.
141 Law declared by Supreme Court to be binding on all courts.
142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
143 Power of President to consult Supreme Court.
144 Civil and judicial authorities to act in aid of the Supreme Court.
144A [Repealed.]
145 Rules of Court, etc.
146 Officers and servants and the expenses of the Supreme Court.
147 Interpretation.

CHAPTER V : COMPTROLLER AND AUDITOR-GENERAL OF INDIA

148 Comptroller and Auditor-General of India.
149 Duties and powers of the Comptroller and Auditor-General.
150 Form of accounts of the Union and of the States.
151 Audit reports.

PART VI : THE STATES

CHAPTER I : GENERAL

152 Definition.

CHAPTER II : THE EXECUTIVE

The Governor
153 Governors of States.
154 Executive power of State.
155 Appointment of Governor.
156 Term of office of Governor.
157 Qualifications for appointment as Governor.
158 Conditions of Governor’s office
159 Oath or affirmation by the Governor.
160 Discharge of the functions of the Governor in certain contingencies.
161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
162 Extent of executive power of State.
Council of Ministers
163 Council of Ministers to aid and advise Governor.
164 Other provisions as to Ministers.
The Advocate-General for the State
165 Advocate-General for the State.
Conduct of Government Business
166 Conduct of business of the Government of a State.
167 Duties of Chief Minister as respects the furnishing of information to Governor, etc.

CHAPTER III : THE STATE LEGISLATURE

General
168 Constitution of Legislatures in States.
169 Abolition or creation of Legislative Councils in States.
170 Composition of the Legislative Assemblies.
171 Composition of the Legislative Councils.
172 Duration of State Legislatures.
173 Qualification for membership of the State Legislature.
174 Sessions of the State Legislature, prorogation and dissolution.
175 Right of Governor to address and send messages to the House or Houses.
176 Special address by the Governor.
177 Rights of Ministers and Advocate-General as respects the Houses.
Officers of the State Legislature
178 The Speaker and Deputy Speaker of the Legislative Assembly.
179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
180 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
182 The Chairman and Deputy Chairman of the Legislative Council.
183 Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
184 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
185 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
187 Secretariat of State Legislature.
Conduct of Business
188 Oath or affirmation by members.
189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
Disqualifications of Members
190 Vacation of seats.
191 Disqualifications for membership.
192 Decision on questions as to disqualifications of members.
193 Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.
Powers, privileges and immunities of State Legislatures and their Members
194 Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
195 Salaries and allowances of members.
Legislative Procedure
196 Provisions as to introduction and passing of Bills.
197 Restriction on powers of Legislative Council as to Bills other than Money Bills.
198 Special procedure in respect of Money Bills.
199 Definition of “Money Bills”.
200 Assent to Bills.
201 Bills reserved for consideration.
Procedure in Financial Matters
202 Annual financial statement.
203 Procedure in Legislature with respect to estimates.
204 Appropriation Bills.
205 Supplementary, additional or excess grants.
206 Votes on account, votes of credit and exceptional grants.
207 Special provisions as to financial Bills.
Procedure Generally
208 Rules of procedure.
209 Regulation by law of procedure in the Legislature of the State in relation to financial business.
210 Language to be used in the Legislature.
211 Restriction on discussion in the Legislature.
212 Courts not to inquire into proceedings of the Legislature.

CHAPTER IV : LEGISLATIVE POWER OF THE GOVERNOR

213 Power of Governor to promulgate Ordinances during recess of Legislature.

CHAPTER V : THE HIGH COURTS IN THE STATES

214 High Courts for States.
215 High Courts to be courts of record.
216 Constitution of High Courts.
217 Appointment and conditions of the office of a Judge of a High Court.
218 Application of certain provisions relating to Supreme Court to High Courts.
219 Oath or affirmation by Judges of High Courts.
220 Restriction on practice after being a permanent Judge.
221 Salaries, etc., of Judges.
222 Transfer of a Judge from one High Court to another.
223 Appointment of acting Chief Justice.
224 Appointment of additional and acting Judges.
224A Appointment of retired Judges at sittings of High Courts.
225 Jurisdiction of existing High Courts.
226 Power of High Courts to issue certain writs.
226A [Repealed..]
227 Power of superintendence over all courts by the High Court.
228 Transfer of certain cases to High Court.
228A [Repealed.]
229 Officers and servants and the expenses of High Courts.
230 Extension of jurisdiction of High Courts to Union territories.
231 Establishment of a common High Court for two or more States.

CHAPTER VI : SUBORDINATE COURTS

233 Appointment of district judges.
233A Validation of appointments of, and judgments, etc., delivered by, certain district judges.
234 Recruitment of persons other than district judges to the judicial service.
235 Control over subordinate courts.
236 Interpretation.
237 Application of the provisions of this Chapter to certain class or classes of magistrates.

PART VII : THE STATES IN PART B OF THE FIRST SCHEDULE

238 [Repealed.]

PART VIII : THE UNION TERRITORIES

239 Administration of Union territories.
239A Creation of local Legislatures or Council of Ministers or both for certain Union territories.
239A Special provisions with respect to Delhi.
239AA Provision in case of failure of constitutional machinery.
239AB Power of administrator to promulgate Ordinances during recess of Legislature.
240 Power of President to make regulations for certain Union territories.
241 High Courts for Union territories.
242 [Repealed.]

PART IX : THE PANCHAYATS

243 Definitions.
243A Gram Sabha.
243B Constitution of Panchayats.
243C Composition of Panchayats.
243D Reservation of seats.
243E Duration of Panchayats, etc.
243F Disqualifications for membership.
243G Powers, authority and responsibilities of Panchayats.
243H Powers to impose taxes by, and Funds of, the Panchayats.
243-I Constitution of Finance Commission to review financial position.
243J Audit of accounts of Pachayats.
243K Elections to the Panchayats.
243L Application to Union territories.
243M Part not to apply to certain areas.
243N Continuance of existing laws and Panchayats.
243-O Bar to interference by courts in electoral matters.

PART IXA : THE MUNICIPALITIES

243P Definitions.
243Q Constitution of Municipalities.
243R Composition of Municipalities.
243S Constitution and composition of Wards Committees, etc.
243T Reservation of seats.
243U Duration of Municipalities, etc.
243V Disqualifications for membership.
243W Powers, authority and responsibilities of Municipalities, etc.
243X. Power to impose taxes by, and Funds of, the Municipalities.
243 Finance Commission.
243Z Audit of accounts of Municipalities.
243ZA Elections to the Municipalities.
243ZB Application to Union territories.
243ZC Part not to apply to certain areas.
243ZD Committee for district planning.
243ZE Committee for Metropolitan planning.
243ZF Continuance of existing laws and Municipalities.
243ZG Bar to interference by Courts in electoral matters.

PART X : THE SCHEDULED AND TRIBAL AREAS

244 Administration of Scheduled Areas and Tribal Areas.
244A Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

PART XI : RELATIONS BETWEEN THE UNION AND THE STATES

CHAPTER I : LEGISLATIVE RELATIONS

Distribution of Legislative Powers
245 Extent of laws made by Parliament and by the Legislatures of States.
246 Subject-matter of laws made by Parliament and by the Legislatures of States.
247 Power of Parliament to provide for the establishment of certain additional courts.
248 Residuary powers of legislation.
249 Power of Parliament to legislate with respect to a matter in the State List in the national interest.
250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.
252 Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
253 Legislation for giving effect to international agreements.
254 Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
255 Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

CHAPTER II : ADMINISTRATIVE RELATIONS

General
256 Obligation of States and the Union.
257 Control of the Union over States in certain cases.
257A [Repealed.]
258 Power of the Union to confer powers, etc., on States in certain cases.
258A Power of the States to entrust functions to the Union.
259 [Repealed.]
260 Jurisdiction of the Union in relation to territories outside India.
261 Public acts, records and judicial proceedings.
Disputes relating to Waters
262 Adjudication of disputes relating to waters of inter-State rivers or river valleys.
Co-ordination between States
263 Provisions with respect to an inter-State Council.

PART XII : FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER I : FINANCE

General
264 Interpretation.
265 Taxes not to be imposed save by authority of law.
266 Consolidated Funds and public accounts of India and of the States.
267 Contingency Fund.
Distribution of Revenues between the Union and the States
268 Duties levied by the Union but collected and appropriated by the State.
269 Taxes levied and collected by the Union but assigned to the States.
270 Taxes levied and distributed between the Union and the States.
271 Surcharge on certain duties and taxes for purposes of the Union.
272 [Repealed.]
273 Grants in lieu of export duty on jute and jute products.
274 Prior recommendation of President required to Bills affecting taxation in which States are interested.
275 Grants from the Union to certain States.
276 Taxes on professions, trades, callings and employments.
277 Savings.
278 [Repealed.]
279 Calculation of “net proceeds”, etc.
280 Finance Commission.
281 Recommendations of the Finance Commission.
Miscellaneous financial provisions
282 Expenditure defrayable by the Union or a State out of its revenues.
283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.
284 Custody of suitors’ deposits and other moneys received by public servants and courts.
285 Exemption of property of the Union from State taxation.
286 Restrictions as to imposition of tax on the sale or purchase of goods.
287 Exemption from taxes on electricity.
288 Exemption from taxation by States in respect of water or electricity in certain cases.
289 Exemption of property and income of a State from Union taxation.
290 Adjustment in respect of certain expenses and pensions.
290A Annual payment to certain Devaswom Funds.
291 [Repealed.]

CHAPTER II : BORROWING

292 Borrowing by the Government of India.
293 Borrowing by States.

CHAPTER III : PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

294 Succession to property, assets, rights, liabilities and obligations in certain cases.
295 Succession to property, assets, rights, liabilities and obligations in other cases.
296 Property accruing by escheat or laps or as bona vacantia.
297 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.
298 Power to carry on trade, etc.
299 Contracts.
300 Suits and proceedings.

CHAPTER IV : RIGHT TO PROPERTY

300A Persons not to be deprived of property save by authority of law.

PART XIII : TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

301 Freedom of trade, commerce and intercourse.
302 Power of Parliament to impose restrictions on trade, commerce and intercourse.
303 Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
304 Restrictions on trade, commerce and intercourse among States.
305 Saving of existing laws and laws providing for State monopolies.
306 [Repealed.]
307 Appointment of authority for carrying out the purposes of articles 301 to 304.

PART XIV : SERVICES UNDER THE UNION AND THE STATES

CHAPTER I : SERVICES

308 Interpretation.
309 Recruitment and conditions of service of persons serving the Union or a State.
310 Tenure of office of persons serving the Union or a State.
311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.
312 All-India services.
312A Power of Parliament to vary or revoke conditions of service of officers of certain services.
313 Transitional provisions.
314 [Repeated.]

CHAPTER II : PUBLIC SERVICE COMMISSIONS

315 Public Service Commissions for the Union and for the States.
316 Appointment and term of office of members.
317 Removal and suspension of a member of a Public Service Commission.
318 Power to make regulations as to conditions of service of members and staff of the Commission.
319 Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
320 Functions of Public Service Commissions.
321 Power to extend functions of Public Service Commissions.
322 Expenses of Public Service Commissions.
323 Reports of Public Service Commissions.

PART XIVA : TRIBUNALS

323A Administrative tribunals.
323B Tribunals for other matters.

PART XV : ELECTIONS

324 Superintendence, direction and control of elections to be vested in an Election Commission.
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.
326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
327 Power of Parliament to make provision with respect to elections to Legislatures.
328 Power of Legislature of a State to make provision with respect to elections to such Legislature.
329 Bar to interference by courts in electoral matters.
329A [Repealed.]

PART XVI : SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
331 Representation of the Anglo-Indian community in the House of the People.
332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
333 Representation of the Anglo-Indian community in the Legislative Assemblies of the States.
334 Reservation of seats and special representation to cease after sixty years.
335 Claims of Scheduled Castes and Scheduled Tribes to services and posts.
336 Special provision for Anglo-Indian community in certain services.
337 Special provision with respect to educational grants for the benefit of Anglo-Indian Community.
338 National Commission for Scheduled Castes.
338A National Commission for Scheduled Tribes.
339 Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes.
340 Appointment of a Commission to investigate the conditions of backward classes.
341 Scheduled Castes.
342 Scheduled Tribes.

PART XVII : OFFICIAL LANGUAGE

CHAPTER I : LANGUAGE OF THE UNION

343 Official language of the Union.
344 Commission and Committee of Parliament on official language.

CHAPTER II : REGIONAL LANGUAGES

345 Official language or languages of a State.
346 Official language for communication between one State and another or between a State and the Union.
347 Special provision relating to language spoken by a section of the population of a State.

CHAPTER III : LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.

348 Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
349 Special procedure for enactment of certain laws relating to language.

CHAPTER IV : SPECIAL DIRECTIVES

350 Language to be used in representations for redress of grievances.
350A Facilities for instruction in mother-tongue at primary stage.
350B Special Officer for linguistic minorities.
351 Directive for development of the Hindi language.

PART XVIII : EMERGENCY PROVISIONS

352 Proclamation of Emergency.
353 Effect of Proclamation of Emergency.
354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
355 Duty of the Union to protect States against external aggression and internal disturbance.
356 Provisions in case of failure of constitutional machinery in States.
357 Exercise of legislative powers under Proclamation issued under article 356.
358 Suspension of provisions of article 19 during emergencies.
359 Suspension of the enforcement of the rights conferred by Part III during emergencies.
359A [Repealed.]
360 Provisions as to financial emergency.

PART XIX : MISCELLANEOUS

361 Protection of President and Governors and Rajprakukhs.
361A Protection of publication of proceedings of Parliament and State Legislatures.
361B Disqualification for appointment on remunerative political post.
362 [Repealed.]
363 Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
363A Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
364 Special provisions as to major ports and aerodromes.
365 Effect of failure to comply with, or to give effect to, directions given by the Union.
366 Definitions.
367 Interpretation.

PART XX : AMENDMENT OF THE CONSTITUTION

368 Power of Parliament to amend the Constitution and procedure therefor.

PART XXI : TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

369 Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
370 Temporary provisions with respect to the State of Jammu and Kashmir.
371 Special provision with respect to the States of Maharashtra and Gujarat.
371A Special provision with respect to the State of Nagaland.
371B Special provision with respect to the State of Assam.
371C Special provision with respect to the State of Manipur.
371D Special provisions with respect to the State of Andhra Pradesh.
371E Establishment of Central University in Andhra Pradesh.
371F Special provisions with respect to the State of Sikkim.
371G Special provision with respect to the State of Mizoram.
371H Special provision with respect to the State of Arunachal Pradesh.
371-I Special provision with respect to the State of Goa.
372 Continuance in force of existing laws and their adaptation.
372A Power of the President to adapt laws.
373 Power of President to make order in respect of persons under preventive detention in certain cases.
374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.
375 Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
376 Provisions as to Judges of High Courts.
377 Provisions as to Comptroller and Auditor-General of India.
378 Provisions as to Public Service Commissions.
378A Special provision as to duration of Andhra Pradesh Legislative Assembly.
379-391 [Repealed.]
392 Power of the President to remove difficulties.

PART XXII : SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS

393 Short title.
394 Commencement.
394A Authoritative text in the Hindi language.
395 Repeals.


Schedules of Indian Constitution


Indian Constitution originally had eight schedules. Four more schedules were added by different amendments, now making a total tally of twelve. Schedules are basically tables which contains additional details not mentioned in the articles. The post gives a brief idea about all the 12 Schedules of Indian Constitution.
Indian Constitution Schedules 1 to 12
First schedule contains the list of states and union territories and their territories
Second schedule contains provisions of the President, Governors of States, Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State, the Judges of the Supreme Court and of the High Courts and the Comptroller and Auditor-General of India the list of states and union territories and their territories.
Third Schedule contains the Forms of Oaths or Affirmations.
Fourth Schedule contains provisions as to the allocation of seats in the Council of States.
Fifth Schedule contains provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes.
Sixth Schedule contains provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.
Seventh Schedule contains the Union list, State list and the concurrent list.
Eighth Schedule contains the list of recognized languages.
Ninth Schedule contains provisions as to validation of certain Acts and Regulations.
Tenth Schedule contains provisions as to disqualification on ground of defection.
Eleventh Schedule contains the powers, authority and responsibilities of Panchayats.
Twelfth Schedule contains the powers, authority and responsibilities of Municipalities.
PS: Earlier many acts were included in the ninth schedule to escape from the Judicial review, but after Kesavananda Bharati case, Court has taken steps to curtail that practice too.

Model questions based on schedules of the Indian Constitution

Q: Who among the following does not find mention in the 2nd schedule of the Indian Constitution?
  1. Prime Minister.
  2. Chief Ministers of states.
  3. Attorney General.
  4. Advocate General.
Ans = All of the above.
Q: Which schedule of Indian Constitution deals with anti-defection?
Ans = 10th schedule.
Q : States which find mention in the Schedule 6 of the Indian Constitution:
Ans : Assam, Meghalaya, Tripura and Mizoram.


Preamble of Indian Constitution


This post, Preamble of Indian Constitution, is a part of our new ambitious article series on Indian Constitution and Polity, covering all the important topics from Article 1 to Article 395. We have already published a mega post listing all the articles (1-395) of the Constitution of India arranged under their respective chapters and parts. In the coming posts we plan to elaborate on each sub-topics. Our basis of discussion will be the Constitution of India.
Each post will discuss articles as taken from Constitution first.  Their explanations, questions and concepts follow in the later part of each post. Aspirants are advised to revisit each of the coming posts time and time again, as we may update posts with current events related to the Indian Consitution. We hope this article series to greatly benefit all aspirants to prepare well for Prelims and Mains under our Prelims cum Mains Integrated approach. So let’s start well with the Preamble.

Preamble of Indian Constitution

The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution. Preamble gives idea about the following : (1) the source of the constitution, (2) nature of Indian state (3) a statement of its objectives and (4) the date of its adoption.
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Source of the Constitution

We the people of India.
The phrase “We the people of India” emphasises that the constitution is made by and for the Indian people and not given to them by any outside power. It also emphasizes the concept of popular sovereignty as laid down by Rousseau: All the power emanates from the people and the political system will be accountable and responsible to the people.

Nature of Indian state

  1. Sovereign : India is internally and externally sovereign – externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people. No external power can dictate the government of India.
  2. Socialist : “Socialism” as an economic philosophy where means of production and distribution are owned by the State. India adopted Mixed Economy, where apart from state, there will be private production too. Socialism as a social philosophy stresses more on the societal equality.
  3. Secular : Features of secularism as envisaged in the Preamble is to mean that the state will have no religion of its own and all persons will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice. (S R Bommai and Others v Union of India, AIR 1994 SC 1918)
  4. Democratic : Indicates that the Constitution has established a form of Government which gets its authority from the will of the people. The rulers are elected by the people and are responsible to them.
  5. Republic : As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President Of India is not hereditary. Every citizen of India is eligible to become the President of the country.

Objectives of Indian State

  1. Justice : Social, Economic and Political.
  2. Equality : of status and opportunity.
  3. Liberty : of thought, expression, belief, faith and worship
  4. Fraternity (=Brotherhood) : assuring the dignity of the individual and the unity and integrity of the nation.

Date of its adoption

Date of adoption of the Constitution is 26th November, 1950.  But most of the articles in Constitution came into force on January 26th, 1950. Those articles which came into existence on 26th Novemeber 1950 is given by Article 394.
Article 394 states that this article (394) and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.
26 January was selected for this purpose because it was this day in 1930 when the Declaration of Indian Independence (Purna Swaraj) was proclaimed by the Indian National Congress.

Info Bits related to Preamble of Indian Constitution

  • The preamble-page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur.
  • Supreme Court of India has, in the Kesavananda case, recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. (In the 1995 case of Union Government Vs LIC of India also the Supreme Court has once again held that Preamble is the integral part of the Constitution.
  • As originally enacted the preamble described the state as a “sovereign democratic republic”. In 1976 the Forty-second Amendment changed this by adding words socialist and secular to read “sovereign socialist secular democratic republic”.

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