Constitution of India

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The Constitution of India came into force on January 26th, 1950.

Contents

Indian Constitution

The present constitution is drafted by a committee of seven members under the Chairmanship of Dr. B R Ambedkar. The committee held 11 sessions and took 2 years, 11 months and 18 days to complete the draft of the Constitution of India. It was finally adopted by the Constituent Assembly on November 26, 1949 and came into force on January 26, 1950.

According to the traditional classification followed by the political scientists, constitutions cane be either unitary or federal. In a unitary constitution, the powers of the Government are centralized in one government viz. the Central Government. The Provinces are subordinates to the Centre. In a federal constitution, on the other hand, there is a division of powers between the Federal and the State Governments and both are independent in their own spheres.

The Indian constitution is neither purely federal nor purely unitary, but it is a combination of both.

Topics in Indian Constitution

  • Historical View
    • Constitutional Developments since 1858 to 1947
    • Morle Minto Reforms
    • Dyarchy-Montague-Chelmsford Reforms
    • Indian National Congress 1885
    • Jalianwala Baag
    • Rowlatt Act-Sedition Trials of Tilak
  • Preparation of the Constitution of India
    • Constitution and Constitutionalism
    • Features of Indian Constitution
    • Constituent Assembly
    • Sovereignty
  • Preamble
  • Concept of state and law
  • Equality and Social Justice
  • Freedoms and Social Control
  • Personal Liberty
  • Preventive Detention
  • Secularism
  • Minority Rights
  • Constitutional Remedies
  • Fundamental Rights and Directive Principles
  • Parliamentary Government
  • Federalism
  • Governor - Powers and Functions
  • Judiciary and Judicial process
  • Freedom of Trade and Commerce
  • Doctrine of Pleasure
  • Election Commission of India
  • Parliamentary Government
    • Westminster Model - Indian experience before Independence
    • Choice of Parliamentary Government
    • President of India - Election Qualifications, Impeachment, Salary, etc.,
    • Council of Minister - President's Constitutional position
    • Governor and State Government - President's constitutional relationship
    • Legislative Process - Privileges, freedom of speech
    • Practice of law-making, etc.,
    • Legislative privileges vs Fundamental Rights
    • In re. Art 143 of the constitution of India
    • Prime Minister - cabinet system - collective responsibility - Individual responsibility
    • President P.M. Relationship
    • Party System - Anti-defection Law
    • Freedom of an M.P./M.L.A. to dissent
  • Federalism
    • Principles - Comparative study of other Federations
    • Why India has a federal Government
    • Indian Federalism - President of India - Council of State Process of Constitutional amendment
    • Identification of Federal Features
    • Legislative Relations between the Centre and the States
    • Administrative relations - Centre-States
    • Financial Relations - Centre-States
    • Governor’s position from the perspective of Federalism
    • Centre’s Powers over the States-Art. 356
    • J & K - Special Status
    • Critical problems of India Federalism
      • Sarkaria Commission - Greater autonomy vs Central Control one party domination
    • Emergence of Political Federalism
    • Growth of Regional parties
  • Governor under the constitution: Powers and functions

Judiciary

  • Independence the Judiciary and Judicial process
  • Judicial process under the Constitution
  • Judicial Review - Art. 32, 226, 227
  • Nature of Judicial Review
  • Court system in India: Backlogs. Arrears, alternatives.
  • Lok Adalats etc.
  • Judges: Appointments, Conditions of service, etc.
  • Subordinate Judiciary
  • Jurisdiction of Supreme Court and High Court
  • Advisory Jurisdiction of the Supreme Court
  • Public Interest Litigation

Freedom of Trade and Commerce

Services under the Constitution

  • Doctrine of pleasure (Art. 310)
  • Protection against Arbitrary Dismissal, Removal, or Reduction in Rank (Art. 311)
  • Tulsiram Patel case - Exceptions to Art. 311.

Election Commission of India

  • Powers and functions

Emergency Provisions under the constitution

  • Emergency Provisions under the constitution - Need for Emergency
  • Types of Emergencies
  • Experience in other democracies
  • Proclamation of Emergency-conditions-Art. 352
  • Effect of Emergency on Centre-State relations
  • Emergency and suspension of fundamental rights. Arts. 358, 359
  • Makhan Singh Tarasikha to A.D.M. Jabbalpore
  • Financial Emergency

Amendment to the Constitution

  • Constitutional Processes of Adaptation & Alteration
  • Methods of constitutional Amendment
    • Written-Unwritten-Rigid-Flexible Constitutions
  • Provisions which can be amended by ordinary procedure
  • Special procedure
  • Review of Constitutional Amendments
  • Limitations upon constitutional amendments
  • Shankari Prasad, Sajjan Singh, Golak Nath vs. Punjab - Why should Fundamental Rights be immune from the process of constitutional Amendment
  • Basic structure doctrine as a limitation-Kesavananda Bharati
  • Development of the Basic Structure
  • Doctrine Constituent power of the Supreme Court
  • Waman Rao, Minerva Mills, etc., Indira Gandhi vs Raj Narain
  • Judicial consensus on Basic Structure
  • Legislative and Judicial Attempts to bury the Basic Structure Doctrine
  • Legitimation of the Basic Structure Doctrine
  • Special Bench to Reconsider the Basic Structure Issue
  • Forty-second Constitutional Amendment
  • Forty-fourth constitutional Amendment
  • Minerva Mills and subsequent developments of the Basic Structure Doctrine
  • Responsibility of the court
  • Activism vs. Restraint

Recent Cases / Related Cases

See Also

Historical Background

All Constitutions are heirs of the past. The Britishers came to India in 1600 as traders in the form of The East India Company. The Company secured for it a Charter from Queen Elizabeth in December 1600, which settled its constitiuion, powers and privileges.

Articles

The Indian Constitution contains more than 444 articles. Here are the articles in brief.

Part I: The Union and its Territory

  • Article 1: Name and territory of the Union
  • Article 2: Admission or establishment of new States
  • Article 2A: Repealed
  • 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

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

Part III: Fundamental Rights

General

  • Article 12: Definition
  • Article 13: Laws inconsistent with or in derogation of the fundamental rights

Right to Equality

  • Article 14: Equality before law
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
  • Article 16: Equality of opportunity in matters of public employment
  • Article 17: Abolition of Untouchability
  • Article 18: Abolition of titles

Right to Freedom

  • Article 19: Protection of certain rights regarding freedom of speech, etc.
  • Article 20: Protection in respect of conviction for offences
  • Article 21: Protection of life and personal liberty
  • Article 21A: Right to education
  • Article 22: Protection against arrest and detention in certain cases

Right against Exploitation

  • Article 23: Prohibition of traffic in human beings and forced labour
  • Article 24: Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

  • 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 payment of taxes for promotion of any particular religion
  • Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

Cultural and Educational Rights

  • Article 29: Protection of interests of minorities
  • Article 30: Right of minorities to establish and administer educational institutions
  • Article 31: [Repealed.]

Savings of Certain Laws

  • Article 31A: Saving of Laws providing for acquisition of estates, etc.
  • Article 31B: Validation of certain Acts and Regulations
  • Article 31C: Saving of laws giving effect to certain directive principles
  • Article 31D: [Repealed.]

Right to Constitutional Remedies

  • Article 32: Remedies for enforcement of rights conferred by this Part
  • Article 32A: [Repealed.]
  • Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
  • Article 34: Restriction on rights conferred by this Part while martial law is in force in any area
  • Article 35: Legislation to give effect to the provisions of this Part

Part IV: Directive Principles of State Policy

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

Part IVA: Fundamental Duties

Part V: The Union

Chapter I: The Executive

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

Chapter II - Parliament

General

  • Article 79: Constitution of Parliament
  • Article 80: Composition of the Council of States
  • Article 81: Composition of the House of the People
  • Article 82: Readjustment after each census
  • Article 83: Duration of Houses of Parliament
  • Article 84: Qualification for membership of Parliament
  • Article 85: Sessions of Parliament, prorogation and dissolution
  • Article 86: Right of President to address and send messages to Houses
  • Article 87: Special address by the President
  • Article 88: Rights of Ministers and Attorney-General as respects Houses

Officers of Parliament

  • Article 89: The Chairman and Deputy Chairman of the Council of States
  • Article 90: Vacation and resignation of, and removal from, the office of Deputy Chairman
  • Article 91: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
  • Article 92: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
  • Article 93: The Speaker and Deputy Speaker of the House of the People
  • Article 94: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
  • Article 95: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
  • Article 96: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
  • Article 97: Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker
  • Article 98: Secretariat of Parliament

Conduct of Business

  • Article 99: Oath or affirmation by members
  • Article 100: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Disqualifications of Members

  • Article 101: Vacation of seats
  • Article 102: Disqualifications for membership
  • Article 103: Decision on questions as to disqualifications of members
  • Article 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

  • Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof
  • Article 106: Salaries and allowances of members

Legislative Procedure

Procedure in Financial Matters

  • Article 112: Annual financial statement
  • Article 113: Procedure in Parliament with respect to estimates
  • Article 114: Appropriation Bills
  • Article 115: Supplementary, additional or excess grants
  • Article 116: Votes on account, votes of credit and exceptional grants
  • Article 117: Special provisions as to financial Bills

Procedure Generally

  • Article 118: Rules of procedure
  • Article 119: Regulation by law of procedure in Parliament in relation to financial business
  • Article 120: Language to be used in Parliament
  • Article 121: Restriction on discussion in Parliament
  • Article 122: Courts not to inquire into proceedings of Parliament

CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT

  • Article 123: Power of President to promulgate Ordinances during recess of Parliament

Part VI: The States

Chapter IV - The Union Judiciary

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

Disqualifications of Members

  • Article 145: Rules of Court, etc.
  • Article 146: Officers and servants and the expenses of the Supreme Court
  • Article 147: Interpretation

Chapter V: Comptroller and Auditor-General of India

Part VI: The States

Chapter I: General

  • Article 152: Definition

Chapter II: The Executive

  • Article 153: Governors of States
  • Article 154: Executive power of State
  • Article 155: Appointment of Governor
  • Article 156: Term of office of Governor
  • Article 157: Qualifications for appointment as Governor
  • Article 158: Conditions of Governor’s office
  • Article 159: Oath or affirmation by the Governor
  • Article 160: Discharge of the functions of the Governor in certain contingencies
  • Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
  • Article 162: Extent of executive power of State

Council of Ministers

The Advocate-General for the State

  • Article 165: Advocate-General for the State

Conduct of Government Business

  • Article 166: Conduct of business of the Government of a State
  • Article 167: Duties of Chief Minister as respects the furnishing of information to Governor, etc.

Chapter III - The State Legislature

General

  • Article 168 - Constitution of Legislatures in States
  • Article 169 - Abolition or creation of Legislative Councils in States
  • Article 170 - Composition of the Legislative Assemblies
  • Article 171 - Composition of the Legislative Councils
  • Article 172 - Duration of State Legislatures
  • Article 173 - Qualification for membership of the State Legislature
  • Article 174 - Sessions of the State Legislature, prorogation and dissolution
  • Article 175 - Right of Governor to address and send messages to the House or Houses
  • Article 176 - Special address by the Governor
  • Article 177 - Rights of Ministers and Advocate-General as respects the Houses

Officers of the State Legislature

  • Article 178 - The Speaker and Deputy Speaker of the Legislative Assembly
  • Article 179 - Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
  • Article 180: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
  • Article 181: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
  • Article 182: The Chairman and Deputy Chairman of the Legislative Council
  • Article 183: Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman
  • Article 184: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
  • Article 185: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
  • Article 186: Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman
  • Article 187: Secretariat of State Legislature

Conduct of Business

  • Article 188: Oath or affirmation by members
  • Article 189: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Disqualifications of Members

  • Article 190: Vacation of seats
  • Article 191: Disqualifications for membership
  • Article 192: Decision on questions as to disqualifications of members
  • Article 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

  • Article 194: Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof
  • Article 195: Salaries and allowances of members

Legislative Procedure

  • Article 196: Provisions as to introduction and passing of Bills
  • Article 197: Restriction on powers of Legislative Council as to Bills other than Money Bills
  • Article 198: Special procedure in respect of Money Bills
  • Article 199: Definition of “Money Bills”
  • Article 200: Assent to Bills
  • Article 201: Bills reserved for consideration

Procedure in Financial Matters

  • Article 202: Annual financial statement
  • Article 203: Procedure in Legislature with respect to estimates
  • Article 204: Appropriation Bills
  • Article 205: Supplementary, additional or excess grants
  • Article 206: Votes on account, votes of credit and exceptional grants
  • Article 207: Special provisions as to financial Bills

Procedure Generally

  • Article 208: Rules of procedure
  • Article 209: Regulation by law of procedure in the Legislature of the State in relation to financial business
  • Article 210: Language to be used in the Legislature
  • Article 211: Restriction on discussion in the Legislature
  • Article 212: Courts not to inquire into proceedings of the Legislature

Chapter IV: Legislative Power of the Governor

  • Article 213: Power of Governor to promulgate Ordinances during recess of Legislature

Chapter V: The High Courts in the States

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

Part XII - Finance, Property, Contracts and Suits

Chapter I: Finance

Chapter IV: Subordinate Courts

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

Part VI: The States in Part B of the First Schedule

  • Article 238: Repealed.

Part VIII: The Union Territories

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

Part IX: The Panchayats

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

Part IXA: The Municipalities

  • Article 243P: Definitions

Part IXA: The Co-operative Socities

  • Article 243ZH: Definitions
  • Article 243ZI: Incorporation of co-operative societies
  • Article 243ZJ: Number and term of members of board and its office bearers.
  • Article 243ZK: Election of members of board
  • Article 243ZL: Supersession and suspension of board and interim management
  • ...

Part X: The Scheduled and Tribal Areas

  • Article 244: Administration of Scheduled Areas and Tribal Areas
  • Article 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
  • Article 245: Extent of laws made by Parliament and by the Legislatures of States
  • Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States
  • Article 247: Power of Parliament to provide for the establishment of certain additional courts
  • Article 248: Residuary powers of legislation
  • Article 249: Power of Parliament to legislate with respect to a matter in the State List in the national interest
  • Article 250: Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
  • Article 251: Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States
  • Article 252: Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State
  • Article 253: Legislation for giving effect to international agreements
  • Article 254: Inconsistency between laws made by Parliament and laws made by the Legislatures of States
  • Article 255: Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only

Chapter II: Administrative Relations

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

Part XII: Finance, Property, Contracts and Suits

General
  • Article 264 - Interpretation
  • Article 265 - No tax shall be levied or collected except by authority of law
  • Article 266: Consolidated Funds and public accounts of India and of the States
  • Article 267: Contingency Fund
Distribution of Revenues between the Union and the States
  • Article 268: Duties levied by the Union but collected and appropriated by the States
  • Article 268A: Service tax levied by Union and collected and appropriated by the Union and the States
  • Article 269: Taxes levied and collected by the Union but assigned to the States
  • Article 270: Taxes levied and distributed between the Union and the States
  • Article 271: Surcharge on certain duties and taxes for purposes of the Union
  • Article 272: Repealed.
  • Article 273: Grants in lieu of export duty on jute and jute products
  • Article 274: Prior recommendation of President required to Bills affecting taxation in which States are interested
  • Article 275: Grants from the Union to certain States
  • Article 276: Taxes on professions, trades, callings and employments
  • Article 277: Savings
  • Article 278: Repealed.
  • Article 279: Calculation of “net proceeds”, etc.
  • Article 280: Finance Commission
  • Article 281: Recommendations of the Finance Commission

Miscellaneous Financial Provisions

  • Article 282: Expenditure defrayable by the Union or a State out of its revenues
  • Article 283: Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts
  • Article 284: Custody of suitors’ deposits and other moneys received by public servants and courts
  • Article 285: Exemption of property of the Union from State taxation
  • Article 286: Restrictions as to imposition of tax on the sale or purchase of goods
  • Article 287: Exemption from taxes on electricity
  • Article 288: Exemption from taxation by States in respect of water or elect in certain cases
  • Article 289: Exemption of property and income of a State from Union taxation
  • Article 290: Adjustment in respect of certain expenses and pensions
  • Article 290A: Annual payment to certain Devaswom Funds
  • Article 291: Repealed

CHAPTER II.—BORROWING

CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

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

Chapter IV: Right to Property

  • Article 300A: Persons not to be deprived of property save by authority of law

Part XIII: Trade, Commerce and Intercourse within the Territory of India

  • Article 301: Freedom of trade, commerce and intercourse
  • Article 302: Power of Parliament to impose restrictions on trade, commerce and intercourse
  • Article 303: Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce
  • Article 304: Restrictions on trade, commerce and intercourse among States
  • Article 305: Saving of existing laws and laws providing for State monopolies
  • Article 306: [Repealed.]
  • Article 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

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

Chapter II: Public Service Commissions

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

Part XIVA: Tribunals

Part XV: Elections

  • 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
  • Article 327: Power of Parliament to make provision with respect to elections to Legislatures
  • Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature
  • Article 329: Bar to interference by courts in electoral matters
  • Article 329A: Repealed.

Part XVI: Special Provisions relating to certain classes

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

Part XVII: Official Language

Chapter I: Language of the Union

  • Article 343: Official language of the Union
  • Article 344: Commission and Committee of Parliament on official language

Chapter II: Regional Languages

  • Article 345: Official language or languages of a State
  • Article 346: Official language for communication between one State and another or between a State and the Union
  • Article 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.

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

Chapter IV: Special Directives

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

Part XVIII: Emergency Provisions

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

Part XIX: Miscellaneous

  • Article 361: Protection of President and Governors and Rajpramukhs
    • Presidents and Governors are exempt from the Jurisdiction of Criminal Courts.
  • Article 361A: Protection of publication of proceedings of Parliament and State Legislatures
  • Article 361B: Disqualification for appointment on remunerative political post
  • Article 362: Repealed.
  • Article 363: Bar to interference by courts in disputes arising out of certain treaties,

agreements, etc

  • Article 363A: Recognition granted to Rulers of Indian States to cease and privy purses to be abolished
  • Article 364: Special provisions as to major ports and aerodromes
  • Article 365: Effect of failure to comply with, or to give effect to, directions given by the Union
  • Article 366: Definitions
  • Article 367: Interpretation

Part XX: Amendment of the Constitution

  • Article 368: Power of Parliament to amend the Constitution and procedure therefor

Part XXI: Temporary, Transitional and Special Provisions

  • Article 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
  • Article 370: Temporary provisions with respect to the State of Jammu and Kashmir
  • Article 371: Special provision with respect to the States of Maharashtra and Gujarat
  • Article 371A: Special provision with respect to the State of Nagaland
  • Article 371B: Special provision with respect to the State of Assam
  • Article 371C: Special provision with respect to the State of Manipur
  • Article 371D: Special provisions with respect to the State of Andhra Pradesh
  • Article 371E: Establishment of Central University in Andhra Pradesh
  • Article 371F: Special provisions with respect to the State of Sikkim
  • Article 371G: Special provision with respect to the State of Mizoram
  • Article 371H: Special provision with respect to the State of Arunachal Pradesh
  • Article 371I: Special provision with respect to the State of Goa
  • Article 372: Continuance in force of existing laws and their adaptation
  • Article 372A: Power of the President to adapt laws
  • Article 373: Power of President to make order in respect of persons under preventive detention in certain cases
  • Article 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council
  • Article 375: Courts, authorities and officers to continue to function subject to the provisions of the Constitution
  • Article 376: Provisions as to Judges of High Courts
  • Article 377: Provisions as to Comptroller and Auditor-General of India
  • Article 378: Provisions as to Public Service Commissions
  • Article 378A: Special provision as to duration of Andhra Pradesh Legislative Assembly
  • Article 379: Repealed.
  • Article 380: Repealed.
  • Article 381: Repealed.
  • Article 382: Repealed.
  • Article 383: Repealed.
  • Article 384: Repealed.
  • Article 385: Repealed.
  • Article 386: Repealed.
  • Article 387: Repealed.
  • Article 388: Repealed.
  • Article 389: Repealed.
  • Article 390: Repealed.
  • Article 391: Repealed.
  • Article 392: Power of the President to remove difficulties

Part XXII: Short Title, Commencement, Authoritative text in Hindi and Repeals

  • Article 393: Short title
  • Article 394: Commencement
  • Article 394A: Authoritative text in the Hindi language
  • Article 395: Repeals

Schedules

Second Schedule

Third Schedule

Fourth Schedule

Fifth Schedule

Sixth Schedule

Seventh Schedule

Eight Schedule

Ninth Schedule

Tenth Schedule

Eleventh Schedule

Twelfth Schedule

Amedments

  • 42nd Amendment in 1976
  • 61st Amendment in 1989
  • 79th Amendment in 1995

Related Cases / Recent Cases / Case Law

  • Khandesh College Education Society, Jalgaon & Anr. vs Arjun Hari Narkhede & Ors., Supreme Court of India, Civil Appellate Jurisdiction, Special Leave Petition (C) Nos.17039-17040 OF 2008
    • The Constitutional validity of a statute cannot be challenged merely on the ground that such provisions did not exist in the statutes of other similar entities (organizations etc.) and that when the provisions are beneficial provisions, they cannot be held to be ultra vires the Constitution.

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