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Friday, September 5, 2014

Important Articles of Indian Constitution

Part I (The Union and its territory)  Art. 1 to 4

ØArticle 1- Name and territory of the union.
ØArticle 2 – Admission and Establishment of the new state.
ØArticle 3 – Formation of new states and alteration of areas, boundaries, and name of existing states.

Part II (Citizenship) – Art. 5 to 11


ØArticle 5 – Citizenship at the commencement of the constitution.
ØArticle 6- Rights of citizenship of certain person who have migrated to India from Pakistan.
ØArticle 10- continuance of rights of citizenship.
ØArticle 11- Parliament to regulate the right of citizenship by law.

Part III (Fundamental Rights) – Art. 12 to 35

ØArticle 12- Definition of the state
ØArticle 13 Laws inconsistent with or in derogation of the fundamental rights.
   Originally, 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
ØArticle 14- Equality before the law.
ØArticle 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.
ØArticle 16- Equality of opportunity in matters of public employment.
ØArticle 17- Abolition of the un-touch ability.
ØArticle 18- Abolition of titles

Right to Freedom: Art. 19 to art. 22
ØArt.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.
ØArticle 20- Protection in respect of conviction for offences.
ØArticle 21-Protection of life and personal liberty.
ØArticle 22- Protection against arrest and detention in certain cases.

Right against Exploitation: Art.23 & art. 24
ØArticle 23- Prohibition of traffic in human beings and forced labor.
ØArticle 24- Prohibition of employment of children in factories and mines. Under age of 14.

Right to Freedom of Religion: Art.25 to art. 28
ØArticle 25- Freedom of conscience and free profession, practice and propagation of religion.
ØArticle 26- Freedom to manage religious affairs.
ØArticle 27- Freedom as to pay taxes for promotion of any particular religion.
ØArticle 28- Freedom from attending religious instruction.

Cultural and Educational Rights: Art.29 & art. 30
ØArticle 29- Protection of interest of minorities.
ØArticle 30- Right of minorities to establish and administer educational institutions. 

Right to constitutional remedies: Art.32 & art. 35
ØArticle 32- Remedies for enforcement of Fundamental Rights.

Part IV (Directive Principal of states Policy) - Art. 36 to 51


ØArticle 36- Definition
ØArticle 37- Application of DPSP
ØArticle 39A- Equal justice and free legal aid
ØArticle 40- Organisation of village panchayat
ØArticle 41- Right to work , to education, and to public assistance in certain cases
ØArticle 43- Living Wages, etc. for Workers.
ØArticle 43A- Participation of workers in management of industries.
ØArticle 44- Uniform civil code.( applicable in Goa only)
ØArticle 45- Provision for free and compulsory education for children.
ØArticle 46- Promotion of educational and economic interest of scheduled castes, ST,and OBC.
ØArticle 47-Duty of the state to raise the level of nutrition and the standard of living and to improve public health.
ØArticle 48-Organisation of agriculture and animal husbandry.
ØArticle 49- Protection of monuments and places and objects of natural importance.
ØArticle 50- Separation of judiciary from executive.
ØArticle 51- Promotion of international peace and security.

Part IV-A (Fundamental Duties) - Art. 51A


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

Part V (Union) – Art. 52 to 151


ØArticle 52- The President of India
ØArticle 53- Executive Power of the union.
ØArticle 54- Election of President
ØArticle 61- Procedure for Impeachment of the President.
ØArticle 63- The Vice-president of India.
ØArticle 64- The Vice-President to be ex-officio chairman the council of States.
ØArticle 66-Election of Vice-president.
ØArticle 72-Pardoning powers of President.
ØArticle 74- Council of minister to aid and advice President.
ØArticle 76- Attorney-General for India.
ØArticle 79- Constitution of Parliament
ØArticle 80- Composition of Rajya Sabha.
ØArticle 81- Composition of Lok Sabha.
ØArticle 83- Duration of Houses of Parliament.
ØArticle 93- The speakers and Deputy speakers of the house of the people.
ØArticle 105- Powers, Privileges,etc of the House of Parliament.
ØArticle 109- Special procedure in respects of money bills
ØArticle 110- Definition of “Money Bills”.
ØArticle 112- Annual Financial Budget.
ØArticle 114-Appropriation Bills.
ØArticle 123- Powers of the President to promulgate Ordinances during recess of parliament.
ØArticle 124- Establishment of Supreme Court.
ØArticle 125- Salaries of Judges.
ØArticle 126- Appointment of acting Chief justice.
ØArticle 127- Appointment of ad-hoc judges.
ØArticle 128-Attendance of retired judge at sitting of the Supreme Court.
ØArticle 129- Supreme court to be court of Record.
ØArticle 130- Seat of the Supreme court.
ØArticle 136- Special leaves for appeal to the Supreme Court.
ØArticle 137- Review of judgement or orders by the Supreme court.
ØArticle 141-Decision of the Supreme Court binding on all the courts.
ØArticle 148- Comptroller and Auditor- General of India
ØArticle 149- Duties and Powers of CAG.

Part VI (States) - Art. 152 to 237



ØArticle 153- Governors of State

ØArticle 154- Executive Powers of Governor.
ØArticle 161- Pardoning powers of the Governor.
ØArticle 165- Advocate-General of the State.
ØArticle 213- Power of Governor to promulgate ordinances.
ØArticle 214- High Courts for states.
ØArticle 215- High Courts to be court of record.
ØArticle 226- Power of High Courts to issue certain writs.
ØArticle 233- Appointment of District judges.
ØArticle 235- Control over Sub-ordinate Courts.

Part VII - Art.238 – [The States in Part B of the First Schedule]. Repealed by the Constitution (Seventh Amendment) Act, 1956


Part VIII (The Union Territories) - Art. 239 to 242


Part IX (The Panchayats) - Art. 243 to 243O


ØArticle 243A- Gram Sabha
ØArticle 243B- Constitution of Panchayats

Part IX A (The Muncipalities ) - Art. 243P to 243ZG


Part IX B (The Co-operative Societies) - Art. 243ZH to 243ZT

Part X (Scheduled and Tribal Areas) - Art. 244 to 244A


Part XI (Center- State Relations) - Art. 245 to 263


Part XII (Finance, Property, Contracts and Suits) - Art. 264 to 300A


ØArticle 266- Consolidated Fund and Public Accounts Fund
ØArticle 267- Contingency Fund of India
ØArticle 280- Finance Commission
ØArticle 300-A- Right to property.

Part XIII (Trade, Commerce and Intercourse within the territories of India) - Art. 301 to 307


ØArticle 301-Freedom to trade, commerce, and intercourse.
ØArticle 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.

Part XIV (Services under Center and State) - Art. 308 to 323


ØArticle 312- All- India-Service.
ØArticle 315- Public service commission’s for the union and for the states
ØArticle 320- Functions of Public Service Commission.

Part XIVA (Tribunals) - Art. 323A to 323B


ØArticle 323A- Administrative Tribunals

Part XV (Elections) - Art. 324 to 329A


ØArticle 324-Superintendence, direction and control of Elections to be vested in an Election Commission.
ØArticle 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.
ØArticle 326- Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.

Part XVI (Special Provisions to SC, ST, OBC, Minorities etc) - Art. 330 to 342


ØArticle 338- National Commission for the SC, & ST.
ØArticle 340- Appointment of a commission to investigate the conditions of backward classes.

Part XVII (Official Language) - Art. 343 to 351


ØArticle 343- Official languages of the Union.
ØArticle 345- Official languages or languages of a states.
ØArticle 348- Languages to be used in the Supreme Court and in the High Courts.
ØArticle 351-Directive for development of the Hindi languages.

Part XVIII (Emergency) - Art. 352 to 360


ØArticle 352- Proclamation of emergency (National Emergency).
ØArticle 356- State Emergency (President’s Rule)
ØArticle 360- Financial Emergency

Part XIX (Miscellaneous) - Art. 361 to 367


ØArticle 361- Protection of President and Governors

Part XX (Amendment of Constitution) - Art. 368


ØArticle 368- Powers of Parliaments to amend the constitution.

Part XXI (Temporary, Transitional and Special Provisions) - Art. 369 to 392


ØArticle 370 – Special provision of J&K.
ØArticle 371A –  Special provision with respect to the State of Nagaland
ØArticle 371-J: Special Status for Hyderabad-Karnataka region

Part XXII (Short Text, Commencement, Authoritative Text in Hindi and Repeals) - Art. 393 to 395

ØArticle 393 - Short title - This Constitution may be called the Constitution of India.

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