PHILOSOPHY OF INDIAN CONSTITUTION

 

On January 22, 1947 the Constituent Assem- bly adopted the Objectives Resolution drafted by Jawaharlal Nehru. The Objective Resolution contained the fundamental propositions of the Constitution and set forth the political ideas that should guide its deliberations. The main principles of the resolution were:

 

1. India is to be an independent, sovereign republic.

 

2. It is to be a democratic union with an equal level of self-government in all the constituent parts;

 

3. All power and the authority of the Union Government and governments of the con- stituent parts is derived from the people;

 

4. The Constitution must strive to obtain and guarantee to the people justice based upon social, economic and political equality of opportunity and equality before law;

 

5. There should be freedom of thought, ex- pression, belief, faith, worship, vocation, association and action;

 

6. The Constitution must provide just rights for minorities, and people from backward and tribal areas, etc. so that they can be equal participants of social, economic and political justice

 

7. The Constitution should secure for India, a due place in the community of nations.

 

The philosophy of a Constitution consists of the ideals for which the constitution stands andthe policies which the Constitution enjoins upon the rulers of the Community to follow. The Constitution of India reflects the impact of our ideology in the following spheres:

 

(i)         Democracy: We have borrowed the modern form of democracy from the West. Under this system, democracy means the periodic responsibilities of the Government to go to the people. For this purpose; elections have been held every five-year to elect a Govern- ment by the people. However, democracy covers even the economic and social aspects of life. This aspect of democracy is well- reflected in the Directive Principles of State Policy. They are aimed at human welfare, co-operation, international brotherhood and so on.

 

(ii)        Secularism: Secularism is the hallmark of the Indian Constitution. People professing different religions have the freedom of reli- gious worship of their own choice. All the religions have been treated alike. The fact appreciated in India was that all religions love humanity and uphold truth. All the social reformers and political leaders of mod- ern Indian have advocated religious toler- ance, religious freedom and equal respect for all the religions. This very principle has been adopted in the Constitution of India where all religions enjoy equal respect. However, the word ‘secularism’ was nowhere men- tioned in the Constitution as adopted in 1949. The word ‘secularism’ has now been added to the Preamble to the Constitution through the 42nd Amendment passed in 1976.

 

(iii)       Socialism: Socialism is not new to India. Vedanta philosophy has socialism in it. The national struggle for freedom had this aim also in view. Jawaharlal Nehru referred to himself as a socialist and republican. Almost all the parties in India profess to promote democratic socialism. These principles are included in the Directive Principles of State Policy. However, to lay emphasis on this aspect, the word ‘socialism’ was specifically added to the Preamble to the Constitution through the 42nd Amendment.

 

(iv)       Decentralization: India has always prac- tised            decentralisation through the Panchayat system. Mahatma Gandhi also advocated decentralisation. It is on this account that he is regarded as a philo- sophical anarchist. We have introduced the Panchayati Raj system in India to achieve the objective of decentralisation. The concept of cottage industries as laid down in the Directive Principles of State Policy also refers to decentralisation.

 

(v)        Mixed Economy: Co-existence is a salient feature of our ideology. Co-existence has manifested itself through a mixed system of economy. In this system we have al- lowed both the private and public sectors of economy to work simultaneously. Large scale and essential industries have been put in the public sector.

 

(vi)       Humanism: Humanism is a salient feature of Indian ideology. Indian ideology regards the whole humanity as one big family. It believes in resolving international disputes through mutual negotiations. This is what we find in the Directive Principles of State Policy.

 

(vii)      Spiritualism: Spiritualism refers to what inspires and promotes the people to be their best selves. It creates a feeling of sacrifice, peace, non-violence, tolerance and cooperation. It is the basic feature of Indian philosophy. We have tried to achieve this through equality in all spheres of life. This leads to social welfare.

 

(viii)     Liberalism: Liberalism does not refer to the Western concept of liberalism. It refers, in the Indian context, to self government, secularism, nationalism, economic reforms, constitutional approach, and representa- tive institutions etc. all these concepts were advocated by the modern Indian leaders. All these elements have been incorporated in the Indian Constitution by virtue of which we want to establish a Welfare State in India. Everything has to be achieved through constitutional means.

 

(ix)       Sarvodaya: Sarvodaya refers to the wel- fare of all. It is different from the welfare of the majority. It seeks to achieve the welfare of all without exception. It is referred to as Ram Rajya. The concept of Sarvodaya was developed by Mahatma Gandhi, Acharya Vinoba Bhave and J.. Narayan under which the material, spiri- tual, moral and mental developement of everyone is sought to be achieved. The Preamble to the Indian Constitution and the Directive Principles of State Policy represent this ideal.

 

(x)        Gandhism: Gandhism represents an ethical and moral India. Gandhi set a new example of fighting foreign rule through non-violence. He taught the importance of non-violence and truth. He advocated untouchability, cottage industry, prohibition, adult educa- tion and the uplift of villages. He wanted a society free of exploitation and decentralised in character. All these Gandhian principles have found an honourable place in the Constitution of India.

 

 

 

 

WHAT IS THE DIFFERENCE BETWEEN ‘INDIAN’ AND ‘AMERICAN’ JUDICIAL REVIEW?

 

Based on the principle of Judicial Review, the Ameri- can Supreme Court has acquired the power to so inter- pret the Constitution that it has come to be known as the third chamber of the Constitution, whereas, in India the Supreme Court does not enjoy the power of adding to the Constitution but it can only strike down any act or any legislation on the ground that it is contrary to the basic framework of the Constitution or violative of the procedure established by law.

 

As the Indian Constitution stands today, the judi- ciary in India has the right to review legislative enact- ments and executive acts provided they are brought before the courts except for a few specific acts like the discretionary powers of the governors, the privileges and immunities of the members of the legislatures, etc. In pronouncing its verdict on legislative acts and executive actions the Supreme Court primarily bases itself on what is known as the basic framework of the Constitution-a phrase which has never been spelt out so that others could know the ingredients that go into the making of the basic frame work of the Constitution. However, it is clear from the constitution as it is today that the Parliament has the right to amend the constitu- tion as long as it does not erode the basic frame work of the constitution. Thus, making additions or deleting some Articles of the constitution is the power of the Parliament but not that of the Supreme Court as in the case of the U.S.

 

NATURE AND FEATURES OF INDIAN CONSTITUTION

 

Every constitution aims to build up a gov- ernmental structure based upon certain basic principles. And these principles are more or less well established. Although some of these prin- ciples are common to most constitution, there are others which vary from constitution to constitution. The constitution of India is not an exception to this rule and it has its own basic principles. India, a union of states, is a sover- eign, socialist, secular, democratic, republic.

 

The constitution of a country is the basic or supreme law. Indian constitution is federal in structure but with unitary features. It is a lengthy and legalistic document, but reasonably flexible. Its major features include.

 

Popular Sovereignty

 

Indian Constitution proclaims the sovereignty of the people in its Preamble itself. The idea is reaffirmed in several places in the Constitution, particularly in the chapter dealing with elections. Article 326 declares that “the elections to the House of people and the Legislative Assembly of every state shall be on the basis of adult suffrage”. As a result, the Governments at the Centre and in the States derive their authority from the people who choose their representatives for Parliament and the State Legislatures at regular intervals. Further, those who wield the executive power of the gov- ernment are responsible to the legislature and through them to the people. Thus, in the affairs of the State, it is the will of the people that prevails ultimately and not the will of a few individuals. This is the principle of popular sovereignty.

 

Rule of Law

 

According to this axiom, people are ruled by law but not by men, that is, the basic truism that no man is infallible. The axiom is vital to democracy. More important is the inherent meaning that the ‘law’ is the sovereign in de- mocracy. The chief ingredient of law is custom which is nothing, but the habitual practices and beliefs of common people over long years. In thefinal analysis, rule of law means the sovereignty of the common man’s collective wisdom. Apart from this crucial meaning, rule of law means a few more things like

 

(a)        there is no room for arbitrariness;

 

(b)        each individual enjoys some fundamental rights; and

 

(c)        the highest judiciary is the final authority in maintaining the sanctity of the law of the land.

 

It is this spirit that make Article 14 (all are equal before law and all enjoy equal protection of laws) meaningful, like providing legal assistance to the needy, promotion of Lok Adalats and the venture of the Supreme court known as “public interest litigation”. Also, as per today’s law of the land, any litigant can appeal to the presiding judicial authority to argue the case by himself or seek legal assistance with the help of the judiciary.

 

 

 

WHY THE CONSTITUENT ASSEMBLY ADOPTED THE PRINCIPLE OF ADULT FRANCHISE?

 

In spite of the ignorance and illiteracy of large sec- tions of the Indian people, the constitution Assembly adopted the principle of adult franchise with faith in the common man and the ultimate success of democratic rule. The Assembly was of the opinion that democratic government on the basis of adult suffrage would alone “bring enlightenment and promote well-being.” All that the Constitution provides is that every adult citizen of India shall have right to vote. This becomes significant when viewed in the background that for quite a long time, the women in many parts of Europe did not enjoy any such right. In addition, under the Government of India Act, 1935, hardly 15 per cent Indian citizens had this right. According to some thinkers this is the boldest step which has been taken by our constitution fathers. This shows that they had full faith in the capacity of the people of India to use their right properly. Some critics of course felt that it was premature to give to the people of India this right when there was poverty and illiteracy and the masses were yet politically not mature. But constitution fathers took a bold step and resolved to go ahead and wanted to make a beginning in this direction right earnestly.

 

Judicial Review

 

The right of the judiciary to review executive acts and legal enactments when they are not in conformity with the established law of the land and its procedures is known as judicial review.

 

Socialism

 

Increasing intervention as well as participa- tion by the State in the economic field has been a distinguishing feature of the twentieth cen- tury. There is hardly any country today in which the State is not actively engaged in a variety of economic activities. In varying de- grees, governments everywhere are involved in economic, industrial, commercial management. This is broadly described as the influence of socialist ideas on State activity. Even before the adoption of a new Constitution, the Govern- ment of independent India had made clear its policy to enter the economic field in a very active manner. The Industrial Policy Resolution of 1948 gives ample evidence of this. It envis- aged a greater role for the State in the economic development of the country. Certain industries such as atomic energy, manufacturing of arms and ammunition were declared to be the sole monopoly of the State. The right of the State to nationalise any major industry and bring it within the public sector was also clearly stated. The Directive Principles of State Policy, how- ever, unmistakably set out the socialist objective of the Constitution; although one might point out that they do not go far enough to establish a full fledged socialist order.

 

Socialism in Constitutional Amendments

 

Successive amendments to the Constitution of India clearly show that the direction is more towards the realisation of socialist than the democratic ideal. The constitution was amended several times with a view to realising this objective. Among those amendments, special mention may be made of the First, Fourth, Seventeenth, Twenty fifth, Twenty ninth, Thirty fourth and Forty second Amendments. Almost all of these gave precedent to the Directive Principles over Fundamental Rights in the imple- mentation of certain legislative enactments. The Forty second Amendment (1976) went a step further and amended the permeable of theConstitution to include specifically the term “socialist” which was absent in the original form in which it was enacted.

 

WHAT ARE THE FEATURES OF A SECULAR DEMOCRACY?

 

The distinguishing features of a secular democracy as contemplated by the Constitution of India are:

 

(i)         The State will not identify itself with or be con- trolled by any religion

 

(ii)        While the State guarantees to everyone the right to profess whatever religion one chooses to follow (which includes also the right to be an antagonist or an atheist), it will not accord an preferential treatment to any of them

 

(iii)       No discrimination will be shown by the State against any person on account of his religion or faith

 

(iv)       The right of every citizen, subject to any general condition, to enter any office under the state will be equal to that of the fellow citizens. Political equality which entitles any Indian citizen to seek the highest office under the State is the heart and soul of secular- ism as envisaged by Constitution.

 

Securalism

 

Indian Constitution aims to establish a secu- lar state. This does not mean that the State in India is anti-religious. India has declared its identity as a “Sovereign, Socialist, Secular, Demo- cratic, Republic.” The attributes of Socialist and Secular were added in 1976 by the 42nd Amend- ment to the Constitution. The bulky document does not attempt to define secularism. However, a definition is derived from the fundamental right that proclaims that “The State shall not discriminate against any citizen on grounds of religion, race, caste, sex place of birth or any one of them.’ The Indian State has no religion of its own. The fundamental right of speech and freedom also means the right to preaching andproselytising religion. This is made clearer in Articles 25-28, “Subject to public order, mortal- ity and health… all persons are equally entitled to freedom of conscience and the right to pro- fess, practice and propagate religion”. Every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable pur- poses, to maintain its own affairs in matters of religion. No person shall be compelled to pay any taxes for promotion of any particular reli- gion. No religious instructions shall be provided in any educational institutions wholly main- tained out of the State funds.

 

HOW THE CONSTITUTION ENSURES INDEPEN- DENCE OF THE JUDICIARY?

 

In its bid to establish complete independence of the judiciary, the Indian Constitution has first erected a wall of separation between the executive and the judiciary. After effecting such separation, it has created conditions that are conducive to making the judiciary independent. Thus, rigid qualifications are laid down for the appoint- ment of Judges and provision has been made for com- pulsory consultation of the Chief justice of India in the appointment of every judge of the Supreme Court and the High Courts. Conditions of service of a Judge can- not be altered to his/her disadvantage, once he/she is appointed. Judges are given high salaries and their con- duct is made a subject beyond the scope of discussion in the legislature. They can be removed from office only for proved misbehaviour. For this purpose, both the houses of Parliament will have to pass resolutions against the Judge supported by a two third majority of those who sit and vote and atleast an absolute majority of the total membership of the house.

 

Judicial Independence

 

The framers of Indian Constitution were aware that democratic freedom was meaning- less in the absence of an independent machinery to safeguard it. No subordinate or agent of thegovernment could be trusted to be just and impartial in judging the merits of a conflict in which the government itself was a party. Simi- larly, a judiciary, subordinate either to the Center or the State could not be trusted as an impartial arbiter of conflicts and controversies between the Center and the State. These were compelling reasons for the creation of an independent judi- ciary as an integral part of the Constitution and for the adoption of judicial independence as a basic principle of the Constitution.

 

WHY THE FRAMERS OF INDIAN CONSTITUTION CHOSE ‘FEDERALISM’?

 

The framers of Indian Constitution turned to feder- alism as a solution of a number of problems they confronted in their attempt to frame a constitution of a new united India. Particularly, they wanted to preserve both the “infinite variety and the innate unity” that ani- mated the length and breadth of India. The choice of federalism as a constitutional form and as the basis of a national government in India was not a sudden development upon the transfer of power on 15th Au- gust, 1947. It was there for many years and, in a lim- ited form, it was already in operation in British India. For the resolution of the constitutional problem of a multi-racial, multi-lingual and multi-communal country like India with a vast area and a huge population, federalism was only a natural choice. Nevertheless, the framers were cautious to ensure that the unity they sought to establish through federalism was of an abid- ing nature and in case of a future conflict between that unity and the diversity preserved under the Con- stitution; the former should prevail over the other. In other words, it was their intention to create an inde- structible Union and the supremacy of the Union over the states in a number of matters vitally affecting the interest of the nation.

 

Federalism

 

Federalism is one of the most important aspects of modern constitutions. It is established all over the world perhaps, as the only form of political organization suited to communities with a diversified pattern of objectives, interests and traditions, who seek to join together in the pursuit of common objectives and interests and the cultivation of common traditions. The basic objective of federalism is thus unity in diversity, devolution in authority and decentralisation in administration. Its fundamental characteristic is the division of powers between two sets of governments – a Central Government and State Government – each independent of the other in its own sphere of activity.

 

Federal vs. Unitary Features

 

India has two governments functioning at the national and state levels with a clear cut distribution of powers. Both the State and the Union Government, draw their authority from the Constitution. The supremacy of the Repub- lic lies not with either the Union Government or the State Governments but with the Constitu- tion. To uphold the legal supremacy of the Constitution, the power to interpret the consti- tution has been vested in the judiciary. Thus, the Indian Constitution has four federal features:

 

clear division of powers between the two governments;

 

dual system of government;

 

supremacy of the Constitution; and

 

authority of the judiciary to interpret the constitution.

 

The word ‘federation’ has not been used anywhere in the Constitution. In fact, India has been described as a Union of States. The prov- inces and the princely States were not sovereign entities before they joined the federation. The states are not ‘inviolable’ or ‘indestructible’ as in the USA. Parliament can by law change or alter the areas and boundaries of any State. No state has the right to secede from the Union. All the constituent States of the Union are not equal. The Union Territories do not enjoy the same status as the States. Unlike the American Con- stitution, the Indian Constitution does not pro- vide for any safeguards for the protection of the rights of States. Except Jammu & Kashmir, no state has its own Constitution as in the U.S. Whereas the consent of the States is vital for an amendment of the American Constitution, the consent of the States in India is necessary only in regard to a few specific matters.

 

WHAT ARE THE ‘UNITARY’ FEATURES OF INDIAN CONSTITUTION?

 

There are some unitary features in Indian Consti- tution. They may be enlisted as below:

 

(a)        Right of the Governor to reserve a Bill for Presidential assent;

 

(2)        Role and functions of the State Governors;

 

(3)        Emergency provisions of the Constitution regarding proclamation of national emergency, financial emergency and President’s rule;

 

(4)        Provisions of the Constitution enabling Parliament to legislate for the States;

 

(5)        Uniform All-India Services;

 

(6)        Single and uniform citizenship;

 

(7)        Uniform and integrated judicial system; and

 

(8)        Constitutional scheme of distribution of legislative, administrative and financial powers between the Union and the States also has a strong unitary bias.

 

Parliamentary Government

 

The framers of our Constitution preferred parliamentary system of government. Our infant democracy could ill-afford any confrontation between executive and the legislature if they were separate and independent of each other. The President of India is the constitutional head of the Union Executive, but he exercises the executive power, vested in him, in accordance with the advice of the Union Council of Ministers. The real executive power thus vests with the Council of Ministers with the Prime Minister as the head. The Council of ministers is collectively responsible to the Lok Sabha. The same is true of the relationship between the Governors and the Council of Ministers in the States. The parliamentary system of government both at the Centre and in the State is based on adult suffrage whereby all citizens of India who are not less than 18 years of age and not otherwise disqualified by the Constitution or any law, have the right to vote. It is a bold political experiment in view of the vastness of the country, its large population, poverty and illiteracy. Though some current practices have vitiated the process of election, adult franchise has not shaped people’s political perceptions.

 

Why the Indian Constitution is lengthy?

 

It is the most lengthy and legalistic constitutional document any country has so far adopted. One reason is that the Constitution has drawn from a variety of sources. The other is that the constitution-makers ensured that no element of uncertainty was left. It codifies in detail the relationship between the Union and the States and the State’s interests and contains both justiciable and non-justiciable rights as well as fundamental duties. As the Constitution is not only a legal document, but an instrument of social change, it has to be a detailed document in order to ensure that it stands the test of any situation in future. Also, care has been taken to ensure that the Constitution is not subverted or perverted by any future government, thus, there are numerous in-built constitutional safeguards. Another reason for the length of the Constitution is that, there are temporary, transitional and special provisions for the state of Jammu and Kashmir and it also take care of the regional problems in States like Gujarat, Maharashtra, Andhra Pradesh, Sikkim, Assam, Nagaland and Manipur. The legalistic nature of the Constitution is also partly because of heavy borrowings from the Government of India Act of 1935.

 

Rigidity vs. Flexibility

 

Some eminent constitutionalists are of the view that the Indian constitution is rigid. But, then how it has been possible to amend theconstitution over 90 times. Indian constitution is more flexible than the American constitution, which requires ratification of amendments by three-fourths of the States. In Indian constitution, only amending of a few provisions requires ratification of amendments by three fourths of the states. In our constitution only amending of a few provisions requires ratification by half of the State Legislatures. While most of the provisions of the Constitution can be amended by two thirds majority of each of the Houses of Parliament and many of the provisions can be altered or modified by a simple majority. Also, the constitution can be supplemented by simple legislations like the Citizenship Act, National Security Act, and the Untouchability Act etc. Moreover, the scope for the growth of conventions to supplement the Constitution makes it more flexible. Conventions govern the privileges and rights of the legislature, the functioning of the cabinet system, the status of the Cabinet Secretariat, etc.

 

Single Citizenship

 

In a federation there is usually double citizen- ship. A citizen belongs to the State in which he is born and also enjoys the citizenship rights of the federation, to which his state has joined as a unit. This is one of the basic principles of federalism, that the states in a federation are units of federation, but do not give up their individual entity. But in India, there is single citizenship. Citizens belong to the Indian Union and not to any state. Provision for single citizenship for the whole of India was perhaps intentional. The constitution fathers did not like that regionalism and other disintegrating tendencies which had already raised their ugly heads and were endangering the very security and integrity of country, should be further encouraged by providing double citizenship. Provision for double citizenship would have naturally stood on the way of emotional and national integration. The people in the State would have thought more in terms of the State than the country as a whole. Single citizenship has undoubtedly forged a sense of unity among the people of India and image of United India is reflected by this provision.

 

 

 

INDIAN CONSTITUTION: AT A GLANCE

 

Part I : Union and its Territory

 

Article 1: Name & territory of Union. Art. 2: Admission of new Sates.

 

Art. 2A: (Repealed).

 

Art. 3: Formation of new States & alteration of areas, boundaries or names of existing States. Art. 4: Laws made under article 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

 

Part II : Citizenship

 

Art. 5 : Citizenship at the commencement of the Constitution.

 

Art. 6 : Citizenship right of certain persons who migrated to India from Pakistan.

 

Art. 7 : Rights of citizenship of certain migrants to Pakistan.

 

Art. 8: Rights of citizenship of persons of Indian origin residing outside India.

 

Art. 9 : Persons voluntarily acquiring citizenship of a foreign state not to be citizens.

 

Art. 10: Continuance of the rights of citizenship. Art. 11: Parliament to regulate the right of citizenship by law.

 

Part III : Fundamental Rights

 

Art. 12 : General Definition (For the word ” the State”).

 

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

 

Right to Equality

 

Art. 14 : Equality before law.

 

Art. 15 : No discrimination on grounds of religion, race, caste, sex or place of birth.

 

Art. 16 : Equality of opportunity in matters of public employment.

 

Art. 17 : Abolition of Untouchability. Art. 18 : Abolition of titles.

 

Right to Freedom

 

Art. 19 : Protection of certain rights regarding freedom of speech etc.

 

Art. 20 : Protection in respect of conviction for offences.

 

Art. 21 : Protection of life & personal liberty. Art. 22 : Protection against arrest and detention in certain cases.

 

Art. 23 : Prohibition of traffic in human beings and forced labour.

 

Art. 24 : Prohibition of employment of children in factories etc.

 

Right to Freedom of Religion

 

Art. 25 : Freedom of conscience & free profession, practice & propagation of religion.

 

Art. 26 : Freedom to manage religious affairs. Art. 27 : Freedom as to payment of taxes for promotion of any particular religion.

 

Art. 28 : Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

 

Cultural and Educational Rights

 

Art. 29 : Protection of minorities’ interests. Art. 30 : Right of minorities to establish and administer education of institutions.

 

Art. 31 : [Repealed].

 

Saving of Certain Laws

 

Art. 31 A : Saving of laws providing for acquisition of estates etc.

 

Art. 31 B : Validation of certain Acts and Regulations.

 

Art. 31 C : Saving of laws giving effect to certain directive principles.

 

Art. 31 D : [Repealed].

 

Right to Constitutional Remedies

 

Art. 32 : Remedies for enforcement of right conferred by this Part.

 

Art. 32 A : [Repealed].

 

Art. 33 : Power of Parliament to modify the rights conferred by this Part in their application to forces, etc.

 

Art. 34 : Restriction of rights conferred by this part while martial law in any area.

 

Art. 35 : Legislation to give effect to the provision of this part.

 

Part IV : Directive Principles of State Policy

 

Art. 36 : Definition

 

Art. 37 : Application of the principles contained in this Part.

 

Art. 38 : State to secure a social order for the promotion of welfare of the people.

 

Art. 39 : Certain principles of policy to be followed by the State.

 

Art. 39 A : Equal justice & free legal aid. Art. 40 : Organisation of village panchayats. Art. 41: Rights to work, to education & to public assistance in certain cases.

 

Art. 42 : Provision for just & humane conditions of work and maternity relief.

 

Art. 43 :           Living wage etc. for workers.

 

Art. 43 A : Participation of workers in manage- ment of industries.

 

Art. 44 : Uniform Civil Code for the citizens. Art. 45 : Provision for free & compulsory edu- cation for children.

 

Art. 46 : Promotion of educational & eco. interests of SCs, STs & OBCs.

 

Art. 47 : Duty of the State to raise the level of nutrition & the standard of living & to improve public health.

 

Art. 48 : Organisation of agriculture & animal husbandry.

 

Art. 48 A : Protection & improvement of envi- ronment, forests & wild life.

 

Art. 49 : Protection of monuments & places & objects of national importance.

 

Art. 50 : Separation of judiciary.

 

Art. 51 : Promotion of international peace.

 

Part IV A : Fundamental Duties

 

Art. 51A: Ten Fundamental Duties were incor- porated through the 42nd Amendment, 1976.

 

Part V : The Union Chapter I : The Executive

 

President and Vice- President

 

Art. 52 : The President of India.

 

Art. 53 : Executive power of the Union. Art. 54 : Election of President.

 

Art. 55 : Manner of election of President. Art. 56 : Term of office of President.

 

Art. 57 : Eligibility for re-election. Art. 58 : Qualification for President. Art. 59 : Conditions of President’s office.

 

Art. 60 : Oath or affirmation of President.

 

Art. 61: Impeachment procedure of the President.

 

Art. 62 : Time of holding election to fill vacancy in the office of President & the term of office of person elected to fill casual vacancy.

 

Art. 63 : The Vice-President of India.

 

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

 

Art. 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.

 

Art. 66 :           Election of Vice-President.

 

Art. 67 : Term of office of Vice-President.

 

Art. 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.

 

Art. 70 : Discharge of President’s function in other contigencies.

 

Art. 71 : Matters relating to / connected with, the election of  President or Vice- President.

 

Art. 72 : Power of President to grant pardon, etc., and to suspend, remit or commute sen- tences in certain cases.

 

Art. 73 : Extent of executive power of Union.

 

 

 

 

Council of Ministers

 

Art. 74 : Council of Ministers to aid and advise President.

 

Art. 75 : Other provisions as to Ministers.

 

Attorney – General for India

 

Art. 76 : Attorney – General for India.

 

Conduct of Government Business

 

Art. 77 : Conduct of business of the Government of India.

 

Art. 78 : Duties of P. M. as respects the furnish- ing of information to the President.

 

Chapter II : Parliament

 

Art. 79 :           Constitution of Parliament.

 

Art. 80 : Composition of Council of states. Art. 81 : Composition of the House of the People.

 

Art. 82 : Readjustment after each Census. Art. 83 : Duration of Houses of Parliament. Art. 84 : Qualification for the membership of the Parliament.

 

Art. 85 : Session of Parliament, prorogation and dissolution.

 

Art. 86 : Right of President to address and send massages to houses.

 

Art. 87 : Special address by the President. Art. 88 : Rights of Ministers and Attorney- General as respects Houses.

 

Officers of Parliament

 

Art. 89: The Chairman and Deputy Chairman of the Council of States.

 

Art. 90 : Vacation and resignation of , and removal from, the office of Deputy Chairman. Art. 91 : Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

 

Art. 92 : Chairman or the Dy. Chairman not to preside while a resolution for his removal from office is under consideration.

 

Art. 93 : The Speaker and Deputy Speaker of the House of the People.

 

Art. 94 : Vacation and resignation of, and removal from the offices of Speaker and Deputy Speaker.

 

Art. 95 : Power of the Deputy Speaker or person to perform the duties of the office of, or to act as Speaker.

 

Art. 96 : Speaker or Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

 

Art. 97 : Salaries and allowances of the Chair- man and Deputy Chairman and the Speaker and Deputy Speaker.

 

Art. 98 : Secretariat of Parliament.

 

Conduct of Business

 

Art. 99 : Oath or affirmation by members. Art. 100 : Voting in Houses, power of Houses to act notwithstanding vacancies & quorum.

 

Disqualification of Members

 

Art. 101 : Vacation of seats.

 

Art. 102 : Disqualifications for membership. Art. 103 : Decision on questions as to disqualifications of members.

 

Art. 104 : Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.

 

Art. 105 : Power, privileges, etc., of the Houses of Parliament and of the members and committees there of.

 

Art. 106 : Salaries & allowances of MPs.

 

Legislative Procedure

 

Art. 107 : Provisions as to introduction and passing of bills.

 

Art. 108: Joint sitting of both houses in certain cases.

 

Art. 109 : Special procedure in respect to money bills.

 

Art. 110 : Definition of ” Money Bills”. Art. 111 : Assent to Bills.

 

Procedure in Financial Matters

 

Art. 112 : Annual financial statement.

 

Art. 113 : Procedure in Parliament with respect to estimates.

 

Art. 114 : Appropriation Bills.

 

Art. 115 : Supplementary, additional or excess grants.

 

Art. 116 : Votes on account, votes of credit and exceptional grants.

 

Art. 117 : Special provisions as to Financial Bills. Art. 118 : Rules of procedure.

 

Art. 119 : Regulation by law of procedure in Parliament in relation to financial business.

 

Art. 120 : Language used in Parliament.

 

Art. 121 : Restriction on discussion in Parliament. Art. 122 : Courts not to inquire into proceeding of Parliament.

 

Chapter III : Legislative Powers of the President

 

Art. 123 :         Power of President to promulgate Ordinances during recess of parliament.

 

Chapter IV : The Union Judiciary

 

Art. 124 : Establishment and Constitution of Supreme Court.

 

Art. 125 : Salaries, etc., of Judges. Art. 126 : Acting C. Justice.

 

Art. 127 : Appointment of ad hoc Judges. Art. 128 : Attendance of retired Judges at sitting of the Supreme Court.

 

Art. 129 : S. Court to be a court of record. Art. 130 : Seat of Supreme Court.

 

Art. 131: Original jurisdiction of the S. Court Art. 131 A : [Repealed].

 

Art. 132 : Appellate jurisdiction of S. Court. Art. 133 : Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.

 

Art. 134 : Appellate jurisdiction of Supreme Court in regard to criminal matters.

 

Art. 134 A : Certificate for appeal to the Supreme Court.

 

Art. 135 : Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.

 

Art. 136 : Special leave to appeal by the Supreme Court.

 

Art. 137 : Review of judgments or orders by the Supreme Court.

 

Art. 138 : Enlargement of the jurisdiction of the Supreme Court.

 

Art. 139 : Conferment on the Supreme Court of powers to issue certain writs.

 

Art. 139 A : Transfer of certain cases. Art. 140 : Ancillary powers of S. Court.

 

Art. 141 : Law declared by Supreme Court to be binding on all courts.

 

Art. 142 :         Enforcement of decrees and orders of S. Court and orders as to discovery.

 

Art. 143 : Power of President to consult Supreme Court.

 

Art. 144 : Civil and judicial authorities to act in aid of the Supreme Court.

 

Art. 144 A :      [Repealed].

 

Art. 145 : Rules of Court, etc.

 

Art. 146 : Officers and servants and the expenses of the Supreme Court.

 

Art. 147 :         Interpret.

 

Chapter V : Comptroller and Auditor General of India (CAG)

 

Art. 148 : CAG- of India.

 

Art. 149 : Duties and powers of the CAG. Art. 150 : Form of accounts of the Union and of the States.

 

Art. 151 : Audit reports.

 

 

 

Part VI : The States

 

Chapter I

 

Art. 152 : Definition.

 

Chapter II : The Executive

 

The Governor

 

Art. 153 : Governors of States.

 

Art. 154 : Executive power of State. Art. 155 : Appointment of Governor. Art. 156 : Term of office of Governor.

 

Art. 157 : Qualifications for appointment as Governor.

 

Art. 158 :         Conditions of Governor’s office. Art. 159 : Oath of affirmation by Governor. Art. 160 : Discharge of the functions of thse Governor in certain contingencies.

 

Art. 161 : Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

 

Art. 162 : Extent of executive power of State.

 

Council of Ministers

 

Art. 163 : Council of Ministers to aid and advise Governor.

 

Art. 164 : Other provisions as to Ministers.

 

The Advocate – General for the State

 

Art. 165 : Advocate – General.

 

Conduct of       Government Business

 

Art. 166 : Conduct of business of the Govern- ment of a State.

 

Art. 167 : Duties of Chief Minister as respects the furnishing of information to Governor, etc.

 

Chapter III : The State Legislature

 

Art. 168 :         Cont. of Legislatures in States. Art. 169 : Abolition or creation of Legislative Council in States.

 

Art. 170 :         Composition of Legislative Assem- blies.

 

Art. 171 : Composition of Legis. Councils. Art. 172 : Duration of State Legislatures.

 

Art. 173 : Qualification for membership of the State Legislature.

 

Art. 174 : Sessions of the State Legislature, prorogation and dissolution.

 

Art. 175 : Right of Governor to address and send messages to the House or Houses.

 

Art. 176 : Special address by the Governor. Art. 177 : Rights of Ministers and Advocate General as respects the Houses.

 

Officers of the State

 

Legislature

 

Art. 178 : The Speaker and Deputy Speaker of the Legislative Assembly.

 

Art. 179 : Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

 

Art. 180 : Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.

 

Art. 181 : The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

 

Art. 182 : The Chairman and Deputy Chairman of the Legislative Council.

 

Art. 183 : Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.

 

Art. 184 : Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

 

Art. 185 : The Chairman or the Deputy Chair- man of the Legislative Council not to preside while a resolution for his removal from office is under consideration.

 

Art. 186 : Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.

 

Art. 187 : Secretariate of State Legislature.

 

Conduct of Business

 

Art. 188 : Oath or affirmation by members. Art. 189 : Voting in Houses, power of Houses to act notwithstanding vacancies & quorum.

 

Disqualifications of Members

 

Art. 190 : Vacation of seats.

 

Art. 191 : Disqualification for membership. Art. 192 : Decision on questions as to disquali- fications of members.

 

Art. 193 : Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.

 

Art. 194 : Powers, privileges, etc, of the Houses of Legislatures and of the members and commit- tees thereof.

 

Art. 195 : Salaries & allowances of members.

 

Legislative Procedure

 

Art. 196 : Provisions as to introduction and passing of Bills.

 

Art. 197 : Restriction on powers of Legislative Council as to Bills other than Money Bills.

 

Art. 198 : Special procedure in respect of Money Bills.

 

Art. 199 : Definition of ” Money Bills”. Art. 200 : Assent to Bills.

 

Art. 201 : Bills reserved for consideration.

 

Procedure in Financial Matters

 

Art. 202 : Annual financial statement.

 

Art. 203 : Procedure in Legislature with respect to estimates.

 

Art. 204 : Appropriation Bills.

 

Art. 205 : Supplementary, additional or excess grants.

 

Art. 206 : Votes on account, votes of credit and exceptional grants.

 

Art. 207 : Special provisions as to Financial Bills.

 

Procedure Generally

 

Art. 208 : Rules of procedure.

 

Art. 209 : Regulation by law of procedure in the Legislature of the State in relation to financial business.

 

Art. 210 : Language to be used in the Legisla- ture.

 

Art. 211 : Restriction on discussion in the Legislature.

 

Art. 212 : Courts not to inquire into proceeding of the Legislature.

 

Chapter IV : Legislative Power of the Governor

 

Art. 213 : Power of Governor to promulgate ordinances during recess to Legislature.

 

Chapter V : The High Courts in the States

 

Art. 214 : High Courts for States.

 

Art. 215 : High Courts to be Courts of record. Art. 216 : Constitution of High Courts.

 

Art. 217 : Appointment and conditions of the office of a Judge of High court.

 

Art. 218 : Application of certain provisions relating to Supreme Court to High Courts.

 

Art. 219 : Oath or affirmation by Judges of High Court.

 

Art. 220 : Restriction on practice after being a Permanent Judge.

 

Art. 221 : Salaries, etc., of Judges.

 

Art. 222 : Transfer of a Judge from one High Court to another.

 

Art. 223 : Acting Chief Justice.

 

Art. 224 : Appointment of additional and acting Judges.

 

Art. 224 A : Appointment of retired Judges at sitting of High Courts.

 

Art. 225 : Jurisdiction of existing High Courts. Art. 226 : Power of High Courts to issue certain writs.

 

Art. 226 A : [Repealed].

 

Art. 227 : Power of superintendence over all courts by the High Court.

 

Art. 228 :         Transfer of cases to High Courts. Art. 228 A : [Repealed].

 

Art. 229 : Officers and servants and the ex- penses of High Courts.

 

Art. 230 :         Extension of jurisdiction of High Courts to union territories.

 

Art.231 : Establishment of a common High Court for two or more states.

 

Chapter VI : Subordinate Courts

 

Art. 233 : Appointment of district Judges.

 

Art. 233 A : Validation of appointments of, and judgments, etc., delivered by, certain district judges.

 

Art. 234 : Recruitment of persons other than district judges to the Judicial service.

 

Art. 235 : Control over subordinate courts

 

Art. 236 : Interpretation.

 

Art. 237 : Application of the provisions of this Chapter to certain class or classes of magis- trates.

 

Part VII : The States in Part B of the First Schedule [Repealed]

 

Art. 238 : [Repealed].

 

Part VIII : Union Territories

 

Art. 239 : Administration of U. Territories.

 

Art. 239 A : Creation of local Legislatures or Council of Ministries or both for certain Union tertiaries.

 

Art. 239 B : Power of administrator to promul- gate Ordinances in recess of Legislature.

 

Art. 240 : Power of President to make regula- tions for certain Union territories.

 

Art. 241 : High Courts for Union territories

 

Art. 242 : [Repealed].

 

Part IX : The Panchayats

 

Art. 243 : Definitions.

 

Art. 243A : Gram Sabha.

 

Art. 243 B : Constitution of Panchayats.

 

Art. 243 C : Composition of Panchayats.

 

Art. 243D : Reservation of seats.

 

Art. 243 E : Duration of Panchayats etc

 

Art. 243 F : Disqualifications for members.

 

Art. 243 G : Powers, authority and responsibili- ties of Panchayats.

 

Art. 243 H : Powers to impose taxes by, and Funds of, the Panchayats.

 

Art. 243 I : Constitution of Finance Commission to review financial position.

 

Art. 243 J : Audit of accounts of Panchayats.

 

Art. 243 K : Elections to the Panchayats.

 

Art. 243 L : Application to Union territories.

 

Art. 243 M : Part not to apply to certain areas.

 

Art. 243 N : Continuance of existing laws and Panchayats.

 

Art. 243 O : Bar to interference by courts in electoral matters.

 

Part IX A : The Municipalities

 

Art. 243 P : Definitions.

 

Art. 243 Q : Constitution of Municipalities.

 

Art. 243 R : Composition of Municipalities.

 

Art. 243 S : Constitution and composition of Wards, Committees, etc.

 

Art. 243 T : Reservation of seats.

 

Art. 243 U : Duration of Municipalities, etc.

 

Art. 243 V : Disqualifications for members.

 

Art. 243 W : Powers, authority and responsibilities of Municipalities, etc.

 

Art. 243 X : Power to impose taxes by, and Funds of, the Municipalities.

 

Art. 243 Y : Finance commission.

 

Art. 243 Z : Accounts of Municipalities. Art. 243 ZA : Municipalities Elections. Art. 243 ZB : Application to U. territories.

 

Art. 243 ZC: Not to apply to certain areas. Art. 243 ZD : Committee for district planning. Art. 243 ZE : Committee for Metropolitan plan- ning.

 

Art. 243 ZF : Continuance of existing laws and Municipalities.

 

Art. 243 ZG : Bar to interference by Courts in electoral matters.

 

Part X : Scheduled & Tribal Areas

 

Art. 244 : Administration of Scheduled areas and Tribal Areas.

 

Art. 244 A : Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Min- isters or both therefore.

 

 

 

 

Part XI : Relations Between the Union and the States

 

Chapter I : Legislative Relations

 

Distribution of Legislative Powers

 

Art. 245 : Extent of laws made by Parliament and by the Legislatures of States.

 

Art. 246 : Subject- matter of laws made by Parliament and by the Legislatures of States. Art. 247 : Power of Parliament to provide for the establishment of certain additional courts. Art. 248 : Residuary powers of legislation.

 

Art. 249 : Power of Parliament to legislate with respect to a matter in the State List in the national interest.

 

Art. 250 : Power of Parliament to legislate with respect to any matter in the State List if Emer- gency is in operation.

 

Art. 251 : Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.

 

Art. 252 : Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.

 

Art. 253 : Legislation for giving effect to inter- national agreements.

 

Art. 254 : Inconsistency between laws made by Parliament and laws made by the Legislatures of States.

 

Art. 255 : Requirements as to recommendations and previous sanctions to be regarded as mat- ters of procedure only.

 

Chapter II : Administrative Relations

 

Art. 256 : Obligation of States and the Union. Art. 257 : Control of the Union over States in certain cases.

 

Art. 257 A : [Repealed].

 

Art. 258 : Power of the Union to confer powers, etc, on States in certain cases.

 

Art. 258 A : Power of the States to entrust functions to the Union.

 

Art. 259 : [Repealed].

 

Art. 260 : Jurisdiction of the union in relation to territories outside India.

 

Art. 261 : Public acts, records and judicial proceedings.

 

Disputes relating to Waters

 

Art. 262 : Adjudication of disputes relating to waters of inter-State rivers. Co- Ordination between States

 

Art. 263: Provisions with respect to an inter- State Council.

 

Part XII : Finance, Property, Contracts and Suits

 

Chapter I : Finance

 

Art. 264 : Interpretation.

 

Art. 265 : Taxes not to be imposed save by authority of law.

 

Art. 266 : Consolidated Funds and public ac- counts of India and of the States.

 

Art. 267 : Contingency Fund.

 

Distribution of Revenues between the Union and the States

 

Art. 268 : Duties levied by the union but collected and appropriated by the States.

 

Art. 269 : Taxes levied and collected by the Union but assigned to the States.

 

Art. 270 : Taxes levied and collected by the Union and distributed between the Union and the States.Art. 271 : Surcharge on certain duties and taxes for purposes of the Union.

 

Art. 272 : Taxes which are levied and collected by the Union and may be distributed between the Union and the States.

 

Art. 273 : Grants in lieu of export duty on jute and jute product.

 

Art. 274 : Prior recommendation of president require to bills affecting taxation in which states are interested.

 

Art. 275 : Grants from union to certain states. Art. 276 : Taxes on professions, trades, callings and employments.

 

Art. 277 : Savings. Art. 278 : [Repealed].

 

Art. 279 : Calculation of “net proceeds”, etc. Art. 280 : Finance Commission.

 

Art. 281 : Exemption to property and income of State from Union taxation.

 

Miscellaneous Financial Provisions

 

Art. 282 : Expenditure defrayable by the Union or a State out of its revenues.

 

Art. 283: Custody, etc., of Consolidated funds, contingency Funds and moneys credited to the public accounts.

 

Art. 284: Custody of suitors, deposits and other moneys received by public servants & courts Art. 285: Exemption of property of the Union from State taxation.

 

Art. 286: Restrictions as to imposition of tax on the sale or purchase of goods.

 

Art. 287: Exemption from electricity taxes. Art. 288: Exemption from taxation by States in respect of water or electricity in certain cases. Art. 289: Exemption to property and income of State from Union taxation.

 

Art. 290: Adjustment in respect of certain ex- penses and pensions.

 

Art. 290 A : Annual payment to certain Devaswon Funds.

 

Art. 291: [Repealed].

 

Chapter II : Borrowing

 

Art. 292: Borrowing by Govt. of India. Art. 293: Borrowing by States.

 

Chapter III : Property, Contracts, Rights, Liabilities, Obligations & Suits

 

Art. 294: Succession to property, assets, rights liabilities and obligations in certain cases.

 

Art. 295: Succession to property, assets, rights, liabilities and obligations in other cases.

 

Art. 296: Property accruing by escheat or lapse or as Bona Vacantia.

 

Art. 297: Things of value within territorial waters or continental shelf and resources of the exclusive economic zone.

 

Art. 298: Power to carry on trade, etc. Art. 299: Contracts.

 

Art. 300: Suits and proceedings.

 

Chapter IV : Right to Property

 

Art. 300 A: Persons not to be deprived of property save by authority of law.

 

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

 

Art. 301: Freedom of trade, commerce etc. Art. 302: Power of Parliament to impose restric- tions on trade, commerce etc.

 

Art. 303: Restrictions on the Legislative powers of the Union and of the States with regard to trade and commerce.

 

Art. 304: Restrictions on trade, commerce and intercourse among States.

 

Art. 305: Saving of existing laws and laws providing for State monopolies.

 

Art. 306: [Repealed].

 

Art. 307: Appointment of authority for the purposes of articles 301 to 304.

 

 

08/11/15, 13:24:26: +91 99809 99690:

 

Part XIV : Services under Union & States

 

Chapter I : Services

 

Art. 308: Interpretation.

 

Art. 309: Recruitment and conditions of service of persons serving the Union or a State.

 

Art. 310: Tenure of office of persons serving the union or a state.

 

Art. 311: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.

 

Art. 312: All – India services.

 

Art. 312 A: Power of Parliament to vary to revoke conditions of service of officers of certain services.

 

Art. 313: Transitional provisions. Art. 314: [Repealed].

 

Chapter II : Public Service Commissions

 

Art. 315: Public Service Commission for the Union and for the states.

 

Art. 316: Appointment and term of office. Art. 317: Removal and suspension of a member of a Public Service Commission.

 

Art. 318: Power to make regulations as to conditions of service of members and staff of the Commission.

 

Art. 319: Prohibition as to the holding of offices by members of Commission on ceasing to be such members.

 

Art. 320: Functions of Public Service Commis- sions.

 

Art. 321: Power to extend functions of public service commissions.

 

Art. 322: Expenses of Public Service Commis- sions.

 

Part XIV A : Tribunals

 

Art. 323 A: Administrative tribunals. Art. 323 B: Tribunals for other matters.

 

Part XV : Elections

 

Art. 324: Superintendence, direction and con- trol of elections to be vested in an Election Commission.

 

Art. 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.

 

Art. 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.

 

Art. 327: Power of Parliament to make provi- sion for elections to Legislatures.

 

Art. 328: Power of Legislature of a State to make provision with respect to elections to such Leg- islature.

 

Art. 329: Bar to interference by courts in elec- toral matters.

 

Art. 329 A: [Repealed].

 

Part XVI : Special Provisions Relating to Certain Classes

 

Art. 330: Reservation of seats for SCs and STs in the House of the People.

 

Art. 331: Representation of the Anglo-Indian community in the House of the People.

 

Art. 332: Reservation of seats for SCs and STs in Legislative Assemblies of the States.

 

Art. 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States.

 

Art. 334: Reservation of seats and special rep- resentation to cease after [fifty years].

 

Art. 335: Claims of SCs and STs to services and posts.

 

Art. 336: Special provision for Anglo-Indian community in certain services.

 

Art. 337: Special provision with respect to educational grants for the benefit of Anglo- Indian community.

 

Art. 338: Special Officer for SCs, STs, etc. Art. 339: Control of the Union over the admin- istration of Scheduled Areas and the welfare of STs.

 

Art. 340: Appointment of a Commission to investigate backward classes.

 

Art. 341: Scheduled    Castes. Art. 342: Scheduled Tribes.

 

Part XVII : Official Language

 

Chapter I : Language Union

 

Art. 343: Official language of the Union.

 

Art. 344: Commission and Committee of Parlia- ment on official language.

 

Art. 345: Official languages of a State.

 

Art. 346: Official language for communication between one State and another or between a State and the Union.

 

Art. 347: Special provision relating to language spoken by a section of the population of a State.

 

Chapter III : Language of the SC, High Courts etc.

 

Art. 348: Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

 

Art. 349: Special procedure for enactment of certain laws relating to language.

 

Chapter IV : Special Directives

 

Art. 350: Language to be used in representa- tions for redress of grievances.

 

Art. 350 A: Facilities for instruction in mother tongue at primary stage.

 

Art. 350 B: Special officer for linguistic minori- ties.

 

Art. 351: Directive for development of the Hindi language.

 

Part XVIII : Emergency Provisions

 

Art. 352: Proclamation of Emergency.

 

Art. 353: Effect of proclamation of Emergency. Art. 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency in operation.

 

Art. 355: Duty of the Union to protect States against external aggression and internal distur- bance.

 

Art. 356: Provisions in case of failure of consti- tutional machinery in States.

 

Art. 357: Exercise of legislative powers under Proclamation issued under article 356.

 

Art. 358: Suspension of provisions of article 19 during emergencies.

 

Art. 359: Suspension of the enforcement of the rights.

 

Art. 359 A: [Repealed].

 

Part XIX : Miscellaneous

 

Art. 361: Protection of President and Governors and Raj pramukhs.

 

Art. 361 A: Protection of publication of pro- ceedings of Parliament and State Legislatures. Art. 362: [Repealed].

 

Art. 363: Bar to interference by courts in dis- putes arising out of certain treaties, agreements, etc.

 

Art. 363 A: Recognition granted to Rulers of Indian States to cease and Privy purses to be abolished.

 

Art. 364: Special provisions as to major ports and aerodromes.

 

Art. 365: Effect of failure to comply with, or to give effect to, directions given by the union Art. 366: Definitions.

 

Art. 367: Interpretation.

 

Part XX : Constitutional Amendment

 

Art. 368: Power of Parliament to amend the Constitution and procedure therefore.

 

Part XXI : Temporary, Transitional and Special Provisions

 

Art. 369: Temporary power to Parliament to make laws to matters in State List.

 

Art. 370: Temporary provisions with respect to the State of Jammu and Kashmir.

 

Art. 371: Special provision with respect to the States of Maharashtra and Gujarat.

 

Art. 371 A: Special provision with respect to the State of Nagaland.

 

Art. 371 B: Special provision with respect to the State of Assam.

 

Art. 371 C: Special provision with respect to the State of Manipur.

 

Art. 371 D: Special provisions with respect to the State of Andhra Pradesh.

 

Art. 371 E: Establishment of Central University in Andhra Pradesh.

 

Art. 371 F: Special provisions with respect to the State of Sikkim.

 

Art. 371 G: Special provision with respect to the State of Mizoram.

 

Art. 371 H : Special provision with respect to the State of Arunachal Pradesh.

 

Art. 371 I: Special provision with respect to the State of Goa.

 

Art. 372: Continuance in force of existing laws and their adaptation.

 

Art. 372 A : President’s legal power.

 

Art. 373: Power of President to make order in respect of persons under preventive detention in certain cases.

 

Art. 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before his Majesty in Council.

 

Art. 375: Courts authorities and officers to continue to function subject to the provisions of the Constitution.

 

Art. 376: Provisions for High Court Judges. Art. 377: Provisions as to Comptroller and Audi- tor General of India.

 

Art. 378: Provisions for Public Service Commis- sions.

 

Art. 378 A: Special provisions as to duration of Andhra Pradesh Legislative Assembly.

 

Art. 379-391: [Repealed].

 

Art. 392: Power of the President to remove difficulties.

 

Part XXII : Short Title, Commencement, Text

 

Art. 393: Short title.

 

Art. 394: Commencement.

 

Art. 394 A: Authoritative text in the Hindi language.

 

Art. 395: Repeals.

 

SCHEDULES

 

FIRST SCHEDULE

 

1. -The States.

 

1. -The Union territories.

 

SECOND SCHEDULE

 

PART A– Provisions as to the President and the Governors of States.

 

PART B-[Repealed.]

 

PART C-Provisions as to the Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State.

 

PART D- Provisions as to the Judges of the Supreme Court and of the High Courts.

 

PART E- Provisions as to the Comptroller and Auditor-General of India.

 

THIRD SCHEDULE

 

Forms of Oaths or Affirmations.

 

FOURTH SCHEDULE : Allocation of seats in the Council of States.

 

FIFTH SCHEDULE : Provisions as to the Ad- ministration and Control of Scheduled Areas and Scheduled Tribes.

 

PART A-General.

 

PART B-Administration and Control of Scheduled Areas and Scheduled Tribes.

 

PART C- Scheduled Areas.

 

PART D-Amendment of the Schedule.

 

SIXTH SCHEDULE : Provisions as to the Ad- ministration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.

 

SEVENTH SCHEDULE : List I – Union List, List II- State List, List III- Concurrent List

 

EIGHTH SCHEDULE : Languages.

 

NINTH SCHEDULE : Validation of certain Acts and Regulations.

 

TENTH SCHEDULE : Provisions as to disquali- fication on ground of defection.

 

ELEVENTH SCHEDULE : Powers, authority and responsibilities of Panchayats.

 

TWELFTH SCHEDULE : Powers, authority and responsibilities of Municipalities, etc.

 

PREAMBLE

 

The PREAMBLE to the Indian Constitution (as amended in 1976) reads:

 

WE, THE PEOPLE OF INDIA, having sol- emnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

 

JUSTICE, social, economic, and political LIBERTY of thought, expression, belief, faith and worship;

 

EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

 

IN OUR CONSTITUENT ASSEMBLY this

 

twenty-sixth day of November, 1949, do hereby ADOPT, ENACT and GIVE TO OUR- SELVES this Constitution.

 

Objectives of Indian Constitution

 

The preamble sets out the main objectives of the Constitution; the objective which the Consti- tution-makers intended to be realised through it. It is the key to open the mind of the Constitution- makers. The preamble is a legitimate aid in the construction of the provisions of the Constitu- tion. Generally, for purposes of interpretation, the preamble of the Constitution stands in the same position as the preamble of an Act.

 

Purposes of the Preamble

 

The framers of the Constitution of India set out two purposes in the preamble.

 

1. First, to constitute India into a Sovereign Democratic Republic. It is Republic because the head of the State is not a hereditary monarch. It is Democratic because the Con- stitution rests on the people’s will, and the institutions set up under it shall seek to give effect to democratic principles. It is Sover- eign because the Constitution does not recognise the legal supremacy of another country over India. Her membership of the Commonwealth of the Nations is not incon- sistent with her independent and sovereign status. The words ‘socialist’ and ‘secular’ were added in the Preamble by the Forty-second Amendment. The addition of ‘social- ist’ indicates the incorporation of the phi- losophy of ‘socialism’ in the Constitution which aims at elimination of inequality in income and status and standards of life and may enable the courts to lean more and more in favour of nationalisation and State ownership of an industry. It is yet to be seen how the new economic policy adopted by the Narsimha Rao Government since 1991 oriented towards free market and privatisation is to be viewed in the courts. The word ‘secular’ simply recognises the concept of secularism as manifested in the guarantee of freedom of religion as a funda- mental right in the Constitution.

 

2. Second, to secure to citizens justice – social, economic, and political; liberty of thought, expression, faith, and worship; equality of status and opportunity; and to promote among the people of India fraternity, assur- ing dignity of the individual and the unity and integrity of the nation. Although the expressions, ‘justice’, ‘liberty’, ‘equality’, and ‘fraternity’, may not be susceptible to exact definitions, yet they are not mere platitudes. They are given content by the enacting provisions of the Constitution particularly by Part III of the funda-mental rights and Part IV, the Directive Principles of State Policy.

 

WHAT IS THE SIGNIFICANCE OF THE PREAMBLE?

 

The preamble specifies the source of authority, the system of government, the objectives to be attained by the political system and the date of the adoption and enactment of the Constitution. Though the Preamble is not enforceable in a court of law and generally, not considered a part of the Constitution, it provides a key to the understanding and interpretation of the Consti- tution; it has, therefore, been described as the soul of the Constitution. In case of doubt the Supreme Court has referred to the Preamble to elucidate vague as- pects of the Constitution.