Polity: Important Articles of the Indian Constitution

Polity: Important Articles of the Indian Constitution

PART 1 – ART. 1 TO ART. 4

Article 1- Name and territory of the union.

Article 2 – Admission and Establishment of the new state.

Article 3 – Formation of new states and alteration of areas, boundaries, and the name of existing states.

Article 4 – Lawa made under article 2 and 3

 

PART 2 – ART. 5 TO ART. 11

Article 5 – Citizenship at the commencement of the constitution.

Article 6- Rights of citizenship of a certain person who has migrated to India from Pakistan.

Article 10- continuance of rights of citizenship.

Article 11- Parliament to regulate the right of citizenship by law.

 

PART 3 – ART.12 TO ART.35

Article 12- Definition of the state

Article 13 Laws inconsistent with or in derogation of the fundamental rights.

 

Originally, the constitution provided for 7 basic fundamental rights, now there are only six rights, one Right to property U/A 31 was deleted from the list of fundamental rights by 44th amendment act 1978. It made a legal right U/A 300-A in Part XII of the constitution.

Some important Fundamental Rights are as:

Right to Equality: Art. 14 to Art. 18

Article 14- Equality before the law.

Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.

Article 16- Equality of opportunity in matters of public employment.

Article 17- Abolition of the untouchability.

Article 18- Abolition of titles

 

Right to Freedom: Art. 19 to art. 22

 

Art.19 guarantees to all the citizens the six rights

(a) Right to freedom of speech and expression.

(b) Right to assemble peacefully and without arms.

(c) Right to form associations or unions.

 (d) Right to move freely throughout the territory of India.

 (e) Right to reside and settle in any part of the territory of India.

 (f) Right to practice any profession or to carry on any occupation, trade, and business.

 

Article 20- Protection in respect of conviction for offences.

Article 21-Protection of life and personal liberty.

Article 22- Protection against arrest and detention in certain cases.

 

Right against Exploitation: Art.23 & art. 24

 

Article 23- Prohibition of traffic in human beings and forced labour.

Article 24- Prohibition of employment of children in factories and mines. Under age of 14.

 

Right to Freedom of Religion: Art.25 to art. 28

 

Article 25- Freedom of conscience and free profession, practice and propagation of religion.

Article 26- Freedom to manage religious affairs.

Article 27- Freedom as to pay taxes for promotion of any particular religion.

Article 28- Freedom from attending religious instruction.

 

Cultural and Educational Rights: Art.29 & art. 30

 

Article 29- Protection of interest of minorities.

Article 30- Right of minorities to establish and administer educational institutions.

Article 32- Remedies for enforcement of Fundamental Rights.

 

PART - 4 - DIRECTIVE PRINCIPAL OF STATES POLICY: ART 36 TO ART. 51

 

Article 36- Definition

Article 37- Application of DPSP

Article 39A- Equal justice and free legal aid

Article 40- Organisation of village panchayat

Article 41- Right to work, to education, and to public assistance in certain cases

Article 43- Living Wages, etc. for Workers.

Article 43A- Participation of workers in management of industries.

Article 44- Uniform civil code.( applicable in Goa only)

Article 45- Provision for free and compulsory education for children.

Article 46- Promotion of educational and economic interest of scheduled castes, ST, and OBC.

Article 47-Duty of the state to raise the level of nutrition and the standard of living and to improve public health.

Article 48-Organisation of agriculture and animal husbandry.

Article 49- Protection of monuments and places and objects of natural importance.

Article 50- Separation of judiciary from the executive.

Article 51- Promotion of international peace and security.

 

FUNDAMENTAL DUTIES: PART IV-A- ART 51A

 

It contains, originally 10 duties, now it contains 11 duties by 86th amendments act 2002.

 

 

PART 5 – UNION ( 52-151)

Article 52- The President of India

Article 53- Executive Power of the union.

Article 54- Election of President

Article 61- Procedure for Impeachment of the President

Parliament Article 63- The Vice-president of India.

Article 64- The Vice-President to be ex-officio chairman the Council of States.

Article 66-Election of Vice-president.

Article 72-Pardoning powers of President.

Article 74- Council of Ministers to aid and advise the President.

Article 76- Attorney-General for India.

Article 79- Constitution of

Article 80- Composition of Rajya Sabha.

Article 81- Composition of Lok Sabha.

Article 83- Duration of Houses of Parliament.

Article 93- The speakers and Deputy speakers of the house of the people.

Article 105- Powers, Privileges, etc of the House of Parliament.

Article 109- Special procedure in respect of money bills

Article 110- Definition of “Money Bills”.

Article 112- Annual Financial Budget.

Article 114-Appropriation Bills.

Article 123- Powers of the President to promulgate Ordinances during recess of parliament.

Article 124- Establishment of Supreme Court.

Article 125- Salaries of Judges.

Article 126- Appointment of acting Chief justice.

Article 127- Appointment of ad-hoc judges.

Article 128-Attendance of a retired judge at sitting of the Supreme Court.

Article 129- Supreme court to be a court of Record.

Article 130- Seat of the Supreme court.

Article 136- Special leaves for appeal to the Supreme Court.

Article 137- Review of judgement or orders by the Supreme court.

Article 141-Decision of the Supreme Court binding on all the courts.

Article 148- Comptroller and Auditor- General of India

Article 149- Duties and Powers of CAG

 

PART 6 – STATES ( 152-237) :

Article 153- Governors of State

Article 154- Executive Powers of Governor.

Article 161- Pardoning powers of the Governor.

Article 165- Advocate-General of the State.

Article 213- Power of Governor to promulgate ordinances.

Article 214- High Courts for states.

Article 215- High Courts to be a court of record.

Article 226- Power of High Courts to issue certain writs.

Article 233- Appointment of District judges.

Article 235- Control over Sub-ordinate Courts.

 

PART 7 – 238 – REPEALED

PART 8 – 239-242 – UNION TERRITORY

PART 9 – 243-243 O – PANCHAYATS

Article 243A - Gram Sabha

Article 243 B – Constitution of panchayats

 

PART 9A – The municipalities (243P – 243ZG)

PART 10 – SCHEDULED AND TRIBIAL AREAS (244-244A)

PART 11 – RALATION BETWEEN THE UNION AND THE STATES (245-263)

PART 12 – FINANCE, PROPERTY, CONTRACTS AND SUITS (264-300A)

Article 266- Consolidated Fund and Public Accounts Fund

Article 267- Contingency Fund of India

Article 280- Finance Commission

Article 300-A- Right to property

 

PART 13: TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORIES OF INDIA (301-307)

Article 301-Freedom to trade, commerce, and intercourse.

Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.

 

PART 14 : SERVICES UNDER CENTER AND STATE (308-323)

 

Article 312- All- India-Service.

Article 315- Public service commissions for the union and for the states

Article 320- Functions of Public Service Commission.

 

PART 14A: TRIBUNALS (323 A – 323 B)

 

Article 323A- Administrative Tribunals

 

PART 15 : ELECTIONS (324 – 329)

 

Article 324-Superintendence, direction and control of Elections to be vested in an Election Commission.

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.

 

PART 16: SPECIAL PROVISIONS TO SC, ST, OBC, MINORITIES ETC (330 -342)

 

Article 338- National Commission for the SC, & ST.

Article 340- Appointment of a commission to investigate the conditions of backward classes.

 

PART 17: OFFICIAL LANGUAGE (343- 351)

 

Article 343- Official languages of the Union.

Article 345- Official languages or languages of states

Article 348- Languages to be used in the Supreme Court and in the High Courts.

Article 351-Directive for development of the Hindi languages.

 

PART 18: EMERGENCY (352-360)

 

Article 352- Proclamation of emergency ( National Emergency).

Article 356- State Emergency (President’s Rule)

Article 360- Financial Emergency

 

PART 19: MISCELLANEOUS (361-367)

 

Article 361- Protection of President and Governors

 

PART 20: AMENDMENT OF CONSTITUTION (368)

 

Article 368- Powers of Parliaments to amend the constitution.

 

 

PART 21 : SPECIAL, TRANSITIONAL AND TEMPORARY PROVISIONS (369 – 392)

 

Article 370 – Special provision of J&K.

Article 371A – Special provision with respect to the State of Nagaland

Article 371-J: Special Status for Hyderabad-Karnataka region

 

PART 22: SHORT TEXT, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS (392 – 395)

 

Article 393 – Short title – This Constitution may be called the Constitution of India.

Article 395 - Repeals India Independence Act and Government of India Act, 1935