This article has been written by Oishika Banerji of Amity Law School, Kolkata. This article provides a detailed analysis of the 25 parts of the Indian Constitution, their subject matter, and provisions.
This article has been published by Shoronya Banerjee.
Originally, the Indian Constitution had 395 Articles, 22 Parts, and 8 Schedules. Later 3 parts, namely, 9A Municipalities, 9B Co-operative societies, and 14A tribunals, were added to it as amendments, making the tally 25. Presently, the Indian Constitution is made up of 448 Articles, 25 Parts, and 12 Schedules. Schedules consist of additional details that are absent in a particular Article or Part. It is to be remembered that whenever a new Article or a Part is introduced in the Indian Constitution, the same is carried out alphabetically (for example Article 21 A) so that the arrangement of the Constitution is not affected. The present article provides a detailed analysis of the 25 Parts of the Indian Constitution.
25 Parts of the Indian Constitution
Part I : the Union and its territory (Articles 1 to 4)
The Constitution refers to India as a Union of States, meaning that its unity is unbreakable. No part of the Indian Union may secede. The country is divided into many parts known as states or union territories and the Constitution lays down not only the structure of the Union Government but also the structure of the state government. India is a sovereign, secular, democratic republic governed by a Parliamentary system of government. The President is the Union’s constitutional executive leader. The Governor, as the President’s representative, is in charge of the executive branch in the states. State governments are quite similar to the federal government. The nation is divided into 28 states and 8 union territories (UT) as of 2021. The President appoints an administrator to oversee the UT. Each Indian state/UT has its own demographics, history, culture, attire, festivals, language, and so on. Part I of the Indian Constitution consists of the following articles:
- Article 1: Name and territory of the Union.
- Article 2: Admission or establishment of new States.
- Article 3: Formation of new States and alteration of areas, boundaries, or names of existing States.
- 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.
Part II : Citizenship (Articles 5 to 11)
Citizenship under Part II of the Indian Constitution is covered by Articles 5 to 11. Articles 5 to 8 describe who was eligible for Indian citizenship at the time of commencement of the Constitution, whereas Articles 9 to 11 describe how citizenship is acquired and lost.
Person domiciled in India
The idea of residence is not consistent throughout the world, as the Supreme Court noted in Satya v. Teja Singh (1975). However, two things must be proven in order to establish a domicile:
- A specific type of residence,
- A certain type of intention.
Factum and animus are both necessary. A long stay does not definitely establish a domicile, while a short stay does not necessarily negate it.
Article 5 of the Indian Constitution states that any person who had his/her domicile in Indian territory at the time of the Constitution’s adoption and met one of the following three criteria would be a citizen of India:
- Who was also born in the territory of India, or
- Either of whose parents were born in the territory of India, or
- Who had been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement.
The Supreme Court declared in D.P. Joshi v. Madhya Bharat State (1955) that citizenship and domicile are two distinct notions. Citizenship refers to a person’s political standing, whereas domicile refers to their civil rights. The Indian Constitution establishes single citizenship, that is, Indian citizenship. A state cannot have citizenship, although it can have a domicile.
Persons migrated from and to Pakistan
Articles 6 and 7 of the Indian Constitution deals with the Rights of Citizenship of certain persons who have migrated to India from Pakistan and the Rights of Citizenship of certain migrants to Pakistan respectively.
The Supreme Court concluded in Shanno Devi v. Mangal Sain (1961) that the phrase “migration” in Articles 6 and 7 meant traveling to a nation with the aim of residing there permanently. However, in Kulathil Mammu v. State of Kerala (1996), this viewpoint was rejected. In this case, the Supreme Court ruled by a majority that the term ‘migrated’ in Article 6 or 7 is used in a broader sense of moving from one place to another, whether permanently or temporarily, but that the move should be voluntary and not for a specific purpose or for a short or limited period of time.
Persons of Indian origin residing in foreign countries
Article 8 of the Indian Constitution provides that nationals (whose parents or any grandparents were born in India as defined in the Government of India Act, 1935) residing abroad are granted Indian citizenship as if they had been registered by India’s diplomatic or consular representatives in the country where they are residing.
Acquisition and termination of citizenship under the Citizenship Act
Citizenship is closely linked to the Citizenship Act, which was approved by the Indian Parliament in 1955, in addition to the aforementioned articles of the Indian Constitution. The Citizenship Act of 1955 governs India’s citizenship following the establishment of the Constitution. It’s a piece of legislation that governs the acquisition and termination of Indian citizenship as well. The legislation related to this matter is the Citizenship Act 1955 which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, the Citizenship (Amendment) Act 2005, and the Citizenship (Amendment ) Act, 2019. The President of India is termed as the first citizen of India.
Part III : Fundamental Rights (Articles 12 to 35)
Part III of the Indian Constitution (Articles 12 to 35) guarantees a number of Fundamental Rights and remedies in the event that they are violated. The primary rationale behind including these rights in a democratic constitution is that individuals sometimes require protection against collective action by others who may not completely understand their position and demands. Fundamental Rights under the Indian Constitution have been largely drawn from and influenced by the provisions in the US Bill of Rights. Fundamental Rights guaranteed in Articles 14 to 35 have been categorised into six groups, namely,
- Right to Equality (Articles 14 to 18).
- Right to Freedom (Articles 19 to 22).
- Right against Exploitation (Articles 23-24).
- Right of Freedom of Religion (Articles 25 to 28).
- Cultural and Educational Rights (Articles 29-30).
- Right to Constitutional Remedies (Articles 32 to 35).
Article 12 of the Indian Constitution provides the definition of ‘State’ which includes the Parliament and state legislatures, Government of India and state governments, and all local and other authorities within the territory of India or under the control of the Government of India
Article 13 of the Indian Constitution provides laws that are inconsistent with or in derogation to the fundamental rights thereby expressly incorporating the principle of judicial review. Articles 13 (1) and (2) render existing and future legislations unenforceable to the degree that they conflict with the fundamental rights guaranteed by Part III of the Indian Constitution. While clause (1) deals with pre-constitutional laws, clause (2) covers post-constitutional laws.
Right to Equality (Articles 14 to 18)
The right to equality is addressed in Articles 14 to 18. Article 14 addresses the right to equality and equal protection under the law in general, but Articles 15, 16, 17, and 18 guarantee equality in specific areas. As envisioned in the Preamble of the Constitution, the right to equality is the most crucial right for a democratic, socialist, and secular republic nation like India. Without this basic guarantee to individual members of society, democracy will fail to function properly.
Individuals are guaranteed the right to equality under Article 14 of the Indian Constitution. The article confers rights on all persons within the territory of India. The benefit of the Article is not limited to citizens as under Article 19. The word ‘person’ includes not only natural persons but also legal or juristic persons. As a result, Article 14 guarantees the right of equality to all firms, registered organisations, statutory corporations, and other legal entities.
Articles 15 to 18
Article 15 of the Indian Constitution deals with the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. The legitimacy of an act under Article 15 is to be determined by the mode of operation and effect on fundamental rights and not by the purpose or goal of the act. The act is unlawful if the impact of its operation is to discriminate against citizens on any of the grounds specified in the article.
Article 16 guarantees equality of opportunity in state-sponsored employment. This right is only conferred on the citizens of India. It is also impossible to treat everyone equally in the workplace. Equal treatment for equals is the sole definition of equality. Article 16 does not prevent the reasonable classification of employees and unequal treatment based on such categorisation. Before an action is determined to have violated Article 16, there must be a clear showing of discrimination between one government official and another in a similar position, which cannot be sensibly explained, save on the assumption or demonstration of malice in law or malice in fact. The Supreme Court of India had opined the same in the 1976 case of Regional Manager v. Pawan Kumar.
Article 17 deals with our country’s specific problem of untouchability. There are two parts to this article. The first portion proclaims that ‘untouchability’ is outlawed and that any form of it is prohibited. Article 17 denies legal recognition of any right or disability based on the ‘untouchability’ practice. The second portion, which has a positive element, stipulates that anybody who imposes any disability resulting from ‘untouchability’ would be punished. The punishment will be determined by the law.
All titles are abolished under Article 18(1) of the Indian Constitution. It makes it illegal for the government to bestow titles on anybody, whether a citizen or a non-citizen. The restriction does not apply to military or academic distinctions. As a result, a university might bestow a title or honour on a deserving individual. Clause (2) makes it illegal for an Indian citizen to accept any title from a foreign state. Clause (3) bans a person who is not a citizen of India but holds a profit or trust post in the government from taking a title from a foreign state without the President’s permission. Clause (4) states that no individual, citizen or non-citizen, holding a profit or trust post may take any present, emolument, or office of any sort from or under any foreign State without the President’s assent. Clauses (3) and (4) were inserted to guarantee that a non-citizen remains loyal to the State and does not violate the confidence placed on them. The Supreme Court confirmed the legitimacy of civilian decorations in Balaji Raghavan v. UOI (1995) but chastised the government for not exercising prudence in granting them. It was decided that national prizes were not intended to be utilised as titles and that individuals who had done so should forfeit their honour.
Right to Freedom (Articles 19 to 22)
Clause 1 of Article 19 guarantees some valued liberties that are necessary for an individual’s dignity and the functioning of a democratic society. The exercise of these rights is constrained by Clauses (2) to (6) of the same Article. Citizens are the only ones who may claim rights under Article 19 (1). Article 19 guarantees some freedoms which are not absolute, as is the case of the American Constitution. The State’s ability to restrict fundamental liberties has not been left to be inferred from the notion of ‘police authority,’ and the usage of the ambiguous term of ‘due process’ has been avoided on design. The rights are provided hereunder:
- Right to freedom of speech and expression (Clause 19(1)(a)).
- Right to assemble peacefully and without arms (Clause 19(1)(b)).
- Right to form associations or unions or cooperative societies (Clause 19(1)(c)).
- Right to move freely throughout the territory of India (Clause 19(1)(d)).
- Right to reside and settle in any part of the territory of India (Clause 19(1)(e)).
- Right to practice any profession or to carry on any occupation, trade, or business (Clause 19(1)(g)).
Article 20 guarantees three separate rights to an accused individual, whether citizen or non-citizen, in three clauses. Clause (1) protects rights against ex post facto legislation, Clause (2) prevents double jeopardy, and Clause (3) bans self-incrimination.
The right to life and personal liberty is guaranteed by Article 21 of the Indian Constitution. It is available to both the citizens as well as non-citizens of India. The Supreme Court declared in Francis Coralie v. Union Territory of Delhi (1981) that Article 21’s right to life cannot be limited to animal existence. It entails a lot more than simply physical survival. In Kharak Singh v. State of Uttar Pradesh (1963), it was determined that the phrase “personal liberty” in Article 21 refers to all of the rights that make up a person’s personal freedoms, not only those listed in Article 19(1).
Article 22 deals with the right to arrest and detention. The protection is available to all citizens and non-citizens alike, however, enemy aliens and those in preventive custody will not be protected by Clauses (1) and (2). Article 22’s provisions can be separated into two groups. Clauses 1 to 3 deal with general arrests, whereas clauses 4 to 7 solely deal with preventative detention.
Right against Exploitation (Articles 23 and 24)
Articles 23 and 24 provide the right to be free of exploitation. The feudalistic social framework has divided society into two factions, one for the privileged and wealthy, and the other for the oppressed working class with little or no property. The former class’s exploitation of the latter took on such proportions that, in order to exploit the latter class for their own gain, the former class treated them as if they were animals or saleable commodities. Article 23 prohibits human trafficking, beggary, and other similar forms of forced labour. Whereas, Article 24 prohibits child employment below the age of 14 years in mines, factories, or other hazardous work.
Right of Freedom of Religion (Articles 25 to 28)
A secular state is also envisioned in the Indian Constitution. Secularism was ruled to be a fundamental characteristic of the Indian Constitution in the case of S.R. Bommai v. Union of India (1994). As a result, Articles 25 to 28 provide religious freedom to all people, whether they are members of a minority or a majority group
Article 25 deals with religious activities (rituals) as well as religious beliefs (doctrines). Furthermore, these rights are applicable to all people, including citizens and non-citizens. These rights, however, are subject to public order, morality, health, and other fundamental rights.
Individual rights are protected by Article 25, whereas religious groups or divisions are protected under Article 26. In other words, Article 26 safeguards the right to freedom of religion for all people. No one shall be compelled to pay any taxes for the promotion or preservation of any specific religion or any group, according to Article 27. In other words, the government should not use public funds earned via taxes to promote or maintain any one religion.
Article 28 states that no religious teaching should be offered in any educational institution supported entirely by public funds. This rule, however, shall not apply to any educational institution controlled by the State but formed under any endowment or trust that requires the school to provide religious teaching.
Cultural and Educational Rights (Articles 29-30)
Articles 29 and 30 are meant to safeguard minorities by allowing them to preserve their own language, script, and culture while also preventing discrimination in educational institutions based solely on religion, ethnicity, caste, language, or any combination of these factors. The various provisions in the aforementioned articles have been listed hereunder:
- Right of minorities to conserve language, script or culture (Article 29(1)).
- Right of minorities to establish and administer educational institutions of their choice. (Article 30(1)).
- Right to compensation in case of acquisition of property of minority institutions. (Article 30(1A)).
- Right against discrimination in matters of granting aid to educational institutions. (Article 30(2)).
- Right of citizens against discrimination in matters of admission to educational institutions. (Article 29(2)).
Right to Constitutional Remedies (Articles 32 to 35)
A right that isn’t accompanied by a remedy is only a formality. It is the remedy that brings a right to life. Article 32 of the Indian Constitution covers the right to constitutional remedy, which is termed as the ‘soul of the Constitution’ by the Chairman of the Drafting Committee, Dr. B.R. Ambedkar.
Article 33 permits Parliament to legislate the amount to which basic rights shall be reduced or changed in their application to members of the Armed Forces and certain other forces. Article 34 of the Constitution authorizes Parliament to compensate any individual serving in the Union or state, as well as any other person, for any act performed in connection with the maintenance or restoration of order in any territory where the martial rule was in effect. Article 35 grants Parliament the sole legislative authority over Articles 16 (3), 32 (3), 33, and 34. Furthermore, this article empowers the Parliament to impose penalties for violations of Fundamental Rights.
Part IV : Directive Principles of State Policy (Articles 36 to 51)
Article 36 to 51 of the Indian Constitution incorporates certain Directive Principles of State Policy (DPSP) which the State must keep in view while governing the nation, but by Article 37 these principles have been expressly made non-justiciable in a court of law. The reason for declaring these principles non-justiciable in court was because they could not be enforced through courts of law by their very nature, as the country’s economic resources may not be sufficient to satisfy them. For example, it may be admirable to guarantee the right to work, the right to education, or equal pay for equal work, but in order to accomplish these guarantees, sufficient economic resources and various social structures may be required, which may not be obtained instantly but rather over time. They have been rendered non-justiciable as a result of this discovery. The framers of the Indian Constitution were particularly influenced by the provisions of the Irish Constitution, 1937, and Lauterpacht’s International Bill of Rights in integrating Directive Principles in it.
The debated DPSP : Article 44
In topics like marriage, divorce, inheritance, and adoption, the Uniform Civil Code (UCC) argues for the creation of a single law for India that would apply to all religious sects. The law is based on Article 44 of the Constitution, which states that the state must work to ensure that citizens throughout India have access to a Uniform Civil Code. The goal of Article 44 of the Indian Constitution’s Directive Principles was to combat discrimination against vulnerable groups and to bring disparate cultural groupings together across the country.
The UCC attempts to safeguard disadvantaged groups, including women and religious minorities, as envisioned by Dr. B.R. Ambedkar, while simultaneously boosting nationalistic ardour via unity. The Code, once passed, would attempt to simplify laws that are now divided based on religious views, such as the Hindu Code Bill, Shariat legislation, and others. The Code will make the complicated regulations of marriage ceremonies, inheritance, succession, and adoptions are easier to understand and will be applicable to everyone. All citizens, regardless of their faith, shall be subject to the same civil law. For over a century, the subject has been at the forefront of political discourse and discussion, and it is a top priority for the Bharatiya Janata Party (BJP), which has been pressing for legislation in the Parliament.
Relation between Directive Principles and Fundamental Rights
In Kesavananda Bharati v. State of Kerala (1973), it was determined by the Supreme Court of India that Part IV’s guiding principles are the Constitution’s core feature and social conscience. Articles 14 and 16 are the methods to implement the policy to accomplish the purposes intended to be promoted by the Directive Principles. The relationship between Fundamental Rights and the DPSP is now cohesive in nature, and it is an important aspect of the Indian Constitution’s basic structure. Both are beneficial and complimentary to one another. The Directive Principles are, therefore, no longer just a moral duty for the government.
Part IVA : Fundamental Duties (Article 51A)
On the proposal of the Swaran Singh Committee, Part IV-A was introduced during the emergency by the Constitution (Forty-second Amendment) Act, 1976. The Amendment added a new Part IV-A to the Constitution, consisting solely of Article 51-A. There are 11 Fundamental Duties provided by the Indian Constitution.
People in a democratic society must understand that while they have certain rights, they also have obligations and duties to others and the nation. These duties have been included in order to instill a sense of responsibility in the people. There have been several occasions, both before and after the inclusion of these responsibilities, in which these rights have been flagrantly misused, including the burning of the national flag and the Constitution, as well as promoting secession. It was discovered that in a democratic setting, it is vital to educate the people in order to foster a sense of responsibility for the nation’s unity and integrity. A new basic responsibility has been included in clause(k) of Article 51 A, which addresses the right to education, by the Constitution’s Eighty-Sixth Amendment. This clause states that parents or guardians of children aged 6 to 14 who have been granted the right to free and compulsory education must offer educational opportunities for their children.
In Sachidanand Pandey v. State of West Bengal (1987), the Supreme Court stated that when the Court is asked to give effect to Directive Principles and Fundamental Duties, it cannot shrug and argue that priorities are a matter of policy and hence a subject to be considered by policymakers. The court may look into whether acceptable considerations have been taken into account and irrelevant factors have been eliminated. Inappropriate cases, it may go even further and provide crucial instructions.
Part V : The Union (Articles 52 to 151)
The Union can be discussed under three broadheads, which are provided hereunder.
The Union Executive (Articles 52-78)
The Indian Constitution establishes a parliamentary system of government with the head of the State being the President at the Union level and the governor at the state level. The principal executive functionaries of the Union are:
- Council of Ministers,
- Attorney General of India.
The executive powers of the Union extend to the following according to Article 73 of the Constitution:
- To subjects over which Parliament has legislative authority,
- To the exercise of any rights, power, or jurisdiction that the Government of India may exercise under any treaty or agreement.
The President under Article 52 of the Constitution, is not only the leader of the Central Government but also the guardian of state interests and keeps a check on state operations that may jeopardise the Central Government’s interests or the Indian Union’s unity and integrity. Through the Inter-State Council, he/she will also bring about collaboration between various states.
The Union Legislature (Articles 79-122)
The legislature at the federal level and in certain states is bicameral, with the head of the State as an integral part of it. The Upper House, which is similar to the English Upper House (the House of Lords) and the American Upper House (The Senate), is known as the Council of States. The Lower House is referred to as the House of the People. It is similar to the House of Commons in England and the House of Representatives in the United States. While Article 80 of the Constitution lays down that the Rajya Sabha will consist of not more than 238 representatives of the states and Union territories, Article 81 provides that the Lok Sabha should not have more than 530 members through direct elections and 20 members to represent union territories.
The Union Judiciary (Articles 124-147)
Articles 124 to 128 deal with the organisation of the union judiciary, namely the Supreme Court’s constitution, as well as the Supreme Court’s appointments, terms of service, and emoluments payable to its judges.
In SP Gupta v. Union of India (1982), the Supreme Court ruled unanimously that all constitutional functionaries participating in appointments are on the same footing when it comes to consultation while answering the question as to whether the opinion of the Chief Justice of India is binding or not. In Supreme Court Advocates on Record Association v. Union of India (1994), the Supreme Court overturned the decision, holding that the process of appointing judges to the Supreme Court and high courts is an integrated participatory consultative process for selecting the best and most suitable individuals. It should be emphasised that if the Chief Justice of India makes a suggestion without following the consultation procedure, the Government is not obligated to adopt it.
Article 141 of the Indian Constitution declares that any law which is declared by the Supreme Court of India shall be binding on all other courts within the Indian territory. The three kinds of jurisdiction vested on the Supreme Court are:
- Original jurisdiction (Articles 32, 131).
- Appellate jurisdiction (Articles 132-136).
- Advisory jurisdiction (Article 143).
Part VI : The States (Articles 152 to 237)
The states can be discussed under three broadheads, which are provided hereunder.
The State Executive (Articles 153-167)
The executive power of the state is defined in Article 162. It states that, pursuant to the requirements of the Constitution, a State’s executive power extends to areas over which the State Legislature has legislative authority. The principal executive authorities of the State are:
- The Governor,
- Council of Ministers,
- Advocate General.
Article 155 of the Indian Constitution lays down that governors of states are to be appointed by the President under his/her hand and seal.
The State Legislature (Articles 168-212)
Compensation for a state’s legislative assembly is provided for under Article 170. Clause (1) establishes the Assembly’s maximum and minimum membership. It states that the Legislative Assembly shall have no more than 500 members and no less than 60. Article 171 provides for the compensation of the Upper Chamber (Legislative Council) in states. Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra, Uttar Pradesh, Jammu, and Kashmir are the seven states with two houses.
The State Judiciary (Articles 214-237)
Our Constitution designates the high courts (Articles 214-231) and the subordinate courts (Articles 233-237) as state judiciary. Each state is required to have a High Court, according to Article 214. High courts in India were founded in 1861 by the High Courts Act, 1861, and they had a reputation for independence and impartiality even before independence. High courts are also recognised as courts of record under Article 215 of the Constitution. Presently there are 25 high courts in India. Article 226 enables high courts to issue instructions, orders, or writs for the enforcement of fundamental rights or for any other purpose within their territorial jurisdiction, including writs in the form of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. The regulations pertaining to subordinate courts are included in Chapter VI of Part VI, which covers Articles 233 to 237.
Part VIII : The Union Territories (Articles 239 to 242)
Parliament has ultimate jurisdiction over matters pertaining to the governance of union territories. It can specify how they are to be governed, but until Parliament directs differently, the Union territories are to be administered by the President through an administrator he/she appoints. The Union Territories and the Centre have a unitary relationship. They are under the Centre’s direct management and administration. They don’t have any autonomy, and their administrative structure isn’t standard.
There are special provisions with respect to Delhi, as provided by the Indian Constitution. After Article 239-AA, two Articles, 239-AA and 239-AB, were added by the Constitution (Sixty-ninth Amendment) Act of 1991. The Union Territory of Delhi and the Administrator of Delhi were to be named as Lieutenant Governor, according to Article 239-AA.
Part IX : The Panchayats (Articles 243 to 243O)
The State shall take efforts to create village panchayats and invest them with such rights and authority as may be required to allow them to operate as units of self-government, according to Article 40 of the Constitution. The 73rd Amendment to the Constitution deals with panchayats, which are meant to strengthen local self-government at the village, town, and city levels while also allowing for rural-urban coordination. Article 243-E of the Constitution provides that every panchayat shall continue for a period of five years from the date appointed for its first meeting unless it is dissolved earlier.
Part IXA : The Municipalities (Articles 243P to 243 ZG)
The Constitution (Seventy-fourth Amendment) Act of 1992 establishes the structure, composition, powers, and functions of urban self-government entities. There are five types of urban bodies, namely,
- Nagar Panchayats,
- Municipal councils,
- Municipal corporations,
- Metropolitan areas,
- Industrial township
Municipalities, whether Nagar Panchayats, Municipal Councils, or Municipal Corporations, must be formed in conformity with the requirements of Part IX A of the Constitution, which was included by the Seventy-fourth Amendment Act of 1992. Unless it is dissolved sooner by any law passed by the state legislature, every municipality must continue for 5 years from the date set for its first meeting. Before a municipality is dissolved, it must be given a reasonable opportunity to be heard. There are no clear measures in place for panchayats to take advantage of this opportunity.
Part IXB : Co-operative Societies (Articles 243H to 243 ZT)
Cooperative societies are an example of a self-help organisation. It is a vital tool for achieving the goal of social and economic justice as conceived in the Preamble to the Indian Constitution, as well as protecting people from capitalist exploitation. After Part IX-A, a new Part IX B including Articles 243 ZH to 243 ZT was incorporated in the Constitution by the Constitution (Ninety-Seventh Amendment) Act of 2011. The new section focuses on cooperative societies.
Part X : The Scheduled and Tribal Areas (Articles 244 to 244A)
Article 244 states that the Fifth Schedule applies to the administration and control of Scheduled Areas and Scheduled Tribes in all states except Assam, Meghalaya, Tripura, and Mizoram, and the Sixth Schedule applies to the administration and control of Tribal Areas in the aforementioned states.
The executive power of a state extends to Scheduled Areas within it, subject to the rules of the Vth Schedule, and the Governor of each state with Scheduled Areas is expected to submit an annual report to the President on the management of such areas. Certain Tribal Areas have been designated as autonomous Districts for better administration, for example, Khasi Hills District, Tripura Tribal Areas District. A District Council is established for each district, and a Regional Council is established for each autonomous area.
Part XI : Relations between the Union and the States (Articles 245 to 263)
The relation between the Union and the states can be understood under three broad heads which are provided hereunder.
Legislative relations (Article 245-255)
The territorial division of legislative powers between the Union and the states is addressed in Article 245 of the Constitution. The Union has the right to make laws for the entire or any part of India’s territory, while each state has the power to make laws for its own area. The current Constitution has embraced the Government of India Act, 1935’s distribution plan. Three lists appear in the Constitution’s Seventh Schedule. The List I contains 97 items over which the Union Parliament has sole authority. List II enumerates 66 items over which the states have exclusive power, whereas List III, the Concurrent List enumerates 47 items on which both the Union Parliament and the State Legislature can legislate.
Administrative relations (Article 256-263)
In a federal country, the Central Government and the states each have their own legislative and executive branches. According to Article 256, every State’s executive authority shall be used in such a way as to assure conformity with Parliament’s legislation and existing laws, and the Union’s executive power shall extend to the issuance of required orders for that purpose.
Financial relations (Articles 264-289)
Every sovereign government possesses the power of taxing. No tax must be levied or collected unless authorised by law, according to Article 265 of the Constitution. Because law here refers to legislation enacted by the legislature, the Article limits the executive power of the States of the Union. The Finance Commission’s constitution, functions, and powers are all outlined in Article 280. It states that the President shall, by order, establish a Finance Commission within two years after the Constitution’s inception, and thereafter at the end of every fifth year or sooner if he/she deems it essential.
Part XII : Finance, Property, Contracts, and Suits (Articles 264 to 300A)
Article 295 governs the succession of Indian states’ properties, assets, rights, liabilities, and duties. The executive power of the Union or states should be competent for the following functions, according to Article 298:
- to engage in any type of commerce or business,
- to purchase, hold, or sell the property,
- to enter into contracts for any purpose.
The Union of India and states can sue or be sued as legal entities, according to Article 300.
Right to property (Article 300 A)
The Constitution (Forty-Fourth Amendment) Act of 1978 erased the right to property as a Fundamental Right, although it remains a human right in a welfare state and a constitutional right under Article 300 A of the Constitution. Article 300 A states that no one’s property may be taken away from them unless they have legal authorisation to do so.
Part XIII : Trade, Commerce and Intercourse within the Territory of India (Articles 301 to 307)
Articles 301 to 307 of Part XIII of the Indian Constitution provide freedom of trade, commerce, and intercourse. Article 301 establishes the broad principles of trade and commerce, whereas Articles 302 to 305 enumerate the trade prohibitions. These provisions have been inspired out of the Australian Constitution. Buying and selling products for profit is what trade entails. The term “trade” is defined in Article 301 as “an real, organised, and structured activity with a specific aim or objective.” While the transmission of movement through the air, water, telephone, telegraph, or any other media is referred to as commerce, the transfer of products from one location to another is referred to as intercourse.
Part XIV : Services under the Union and the States (Articles 308 to 323)
Articles 308 to 323 deal with matters relating to the Union’s and states’ services. Articles 308 to 313 deal with public servant recruitment, dismissal, service conditions, and constitutional protection, whereas Articles 315 to 323 deal with Public Service Commissions for the Union and states.
Part XIVA : Tribunals (Articles 323A and 323B )
A tribunal is a quasi-judicial body established to address issues such as settling administrative or tax-related disagreements. It has a variety of responsibilities, including adjudicating disputes, deciding rights between disputing parties, making administrative decisions, reviewing administrative decisions, and so forth. Tribunals were not included in the original Constitution but were added by the 42nd Amendment Act of 1976 to the Indian Constitution.
1. Administrative Tribunals are addressed under Article 323-A.
2. Other tribunals are dealt with in Article 323-B.
Part XV : Elections (Articles 324 to 329A)
Part XV (Articles 324 to 329) deals with election-related issues. The Election Commission has broad powers under Article 324 (1) of the Constitution, however, they cannot be utilised in contravention of the law or in violation of existing legislation.
Part XVI : Special provisions relating to certain classes (Articles 330 to 342)
Special provisions are included in Articles 330 to 342 to protect the interests of Scheduled Castes, Scheduled Tribes, Anglo-Indians, and Backward Classes. Articles 330 and 332, deal with the reservation of seats in the Lok Sabha and State Assemblies respectively. Scheduled Castes and Scheduled Tribes have seats reserved in the Lok Sabha under Article 330. The number of seats designated for such castes and tribes in any State or Union territory shall be determined by their total population. Similarly, Article 332 mandates that seats in the legislative assembly of all states be reserved for Scheduled Castes and Scheduled Tribes. Article 332 of the Constitution, which allows for the reservation of seats for “STs” in Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland, was altered by the Constitution’s 58th Amendment Act of 1987.
Part XVII : Official Language (Articles 343 to 351)
Part XVII of the Indian Constitution (Articles 343 to 351) has detailed provisions concerning the official language of the Republic of India. Articles 343 and 344 of the Indian Constitution include the key regulations governing the Union’s official language. The official languages of India are specified in the 8th Schedule of the Constitution. The Constitution states that the President may, by order, permit the use of Hindi in addition to English and the Devanagari form of numbers in addition to the international form of Indian numerals for any of the Union’s official purposes for the specified term. India’s official languages are Hindi and English.
Part XVIII : Emergency Provisions (Articles 352 to 360)
In India, the Constitution’s emergency provisions allow the federal government to acquire the strength of a unitary government if the circumstances require it. According to the Indian Constitution, there are three types of emergencies:
- National emergency,
- State emergency,
- Financial emergency.
The proclamation of emergency can be made on the following three general grounds:
- External aggression,
- Armed rebellion.
Part XIX : Miscellaneous (Articles 361 to 367)
Part XIX of the Indian Constitution consists of provisions on the following aspects:
- Protection of the President and governors.
- Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
- Abolition of recognition of rulers of Indian states and privy purses.
- Special provisions as to major ports and aerodromes.
- Effect of failure to comply with or to give effect to directions given by the Union.
- Some definitions under Article 366.
- Interpretation of the constitutional provisions.
Part XX : Amendment to the Constitution ( Article 368)
The framers of the Indian Constitution envisioned a procedure that is neither too stiff nor too flexible, for the purpose of amendments of the Constitution. Article 368 deals specifically with amendments, but there are other articles of the Constitution that allow for amendments through the regular legislative procedure. Thus, provisions of the Indian Constitution may be amended in the following ways:
- By simple legislative process: Articles 4, 169, 239, 312, and the Fifth and Sixth Schedules grant Parliament the right to amend the Constitution by passing a law through the usual legislative procedure.
- By special majority: The general procedure laid down in Article 368 is that a Bill for amendment of the Constitution may be introduced in either House of the Parliament, but it must be passed by a majority of total membership and a 2/3rd majority of members present and voting in each of the two Houses, and it must get the President’s consent.
Part XXI : Temporary, Transitional and Special Provisions (Articles 369 to 392)
Part XXI of the Indian Constitution is a collection of legislation relating to the country’s Constitution and the union of states that constitutes it. Articles on Temporary, Transitional, and Special Provisions make up this section of the Constitution. Articles 371 to 371-J of Part XXI’s purpose is to meet the aspirations of the people of backward regions of the states, to protect the cultural and economic interests of the tribal people of the states, to deal with the disturbed law and order situation in some parts of the states, and to protect the interests of the local people of the states.
Part XXII : Short title, commencement, authoritative text in Hindi and repeals (Articles 393 to 395)
Part XXII is a collection of legislation consisting of articles regarding the short title, date of commencement, authoritative text in Hindi, and repeals.
As we come to the end of this detailed article, it is evident to state that indeed India’s Constitution is a majestic piece that incorporates every minute aspect of the democratic nation.
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