Sunday, 20 September 2015

Indian Constitution Part – I


Indian Constitution : Articles and Parts

Indian Constitution when adopted by Constituent Assembly in 1949 had 395 articles and 22 parts.Additional articles and parts are inserted through various amendments. As of now Indian constitution contains  448 articles in 25 parts.There are 12 schedules in the Indian constitution.
The Constitution of India begins with a Preamble which specifies the feature of the Indian State and the objectives it is committed to secure.The constitution of India is the largest written constitution.Indian constitution makes the government system work.

PARTS OF INDIAN CONSTITUTION

Part Subject Articles
Part I The union & Its Territory Article 1 – 4
Part II Citizenship Article 5 – 11
Part III Fundamental Rights Article 12 – 35
Part IV Directive Principles Article 36 – 51
Part IVA Fundamental Duties Article 51A
Part V The Union Article 52 – 151
Part VI The States Article 152 – 237
Part VII The States In Part B of the First Schedule Repealed By Constitution
 (7th Amendment)
 Act .1956
Part VIII The Union Territories Article 239 – 242
Part IX The Panchayats Article 243 – 243O
Part IXA The Municipalities Article 243 P – 243ZG
Part X The Scheduled and Tribal Areas Article 244 – 244A
Part XI Relations between the Union And The States Article 245 – 263
Part XII Finance,Property,Contracts and Suits Article 264 – 300A
Part XIII Trade , Commerce and Intercourse within the Territory Of India Article 301 – 307
Part XIV Service Under the Union and the States Article 308 – 323
Part XIVA Tribunals Article 323A –  323B
Part XV Elections Article 324 – 329(329A -Repealed)
Part XVI Special Provisions Relating to Certain Classes Article 330 – 342
Part XVII Official Language Article 343 – 351
Part XVIII Emergency provisions Article 352-360
(359A-Repealed)
Part XIX Miscellaneous Article 361 – 367 (362-Repealed)
Part XX Amendment of the Constitution Article 368
Part XXI Temporary Transitional and Special Provisions Article 369 – 392
(379-391 Repealed)
Part XXII Short Title,Commencement,Authoritative Text in Hindi and Repeals Article 393 – 395

ARTICLES OF THE INDIAN CONSTITUTION

Part I : The union & Its Territory ( Article 1- 4 )


Article Importance
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2A Repealed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  ( Article 5 – 11)

Article Importance
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  ( Article 12 – 35 )

Article Importance
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.
21 A Right to education
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  ( Article 36-51 )

Article Importance
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 wildlife.
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 (Article  51A )

Article Importance
51A Fundamental duties

Part V : The Union (Article 52 -151)

Article Importance
                                               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.
 #Source of Indian constitution adopted from _
* Judicial review __ usa
*President system _ usa
*fundamental rights_ usa
*Preamble _ usa
*Law making procedure _ UK
* Parliament system _ UK
* Directive principles _ Ireland
* president election _ Ireland
* Federal system _ Canada
* emergency system _ Germany
* fundamental duties _ Russia
* Concurrent list _ Australia
* Rajyasabha _ south Africa
* Supreme & High court _ usa