Indian Constitution

The government of India act 1935, sowed the seeds for the present day constitution

It is the lengthiest constitution in the world.

It has about 450 articles divided into 24 parts and 12 schedules
Since 1950, around 20 articles and one part (7th) were deleted, and about 70 new articles,
three parts, and four schedules were added.

Vast size, single constitution for states and centre, historical factors and presence of legal
luminaries were the main reasons for the length.

Indian constitution is borrowed from almost all the constitutions of the world!

The constitution is rigid and flexible. Article 368 provides for amendments to be
introduced.

Parts of Constitution at a glance:

Part Deals with Articles

Covered
1 The Union and its territory 1–4
2 Citizenship 5-11
3 Fundamental Rights 12-35
4 Directive Principles of State Policy 36 - 51
4A Fundamental Duties 51A
5 The Union Government 52-151
6 The State governments 152 – 237
7 The Union Territories 239 – 242
8 The Panchayats 243 – 243O
9 The municipalities 243P – 243ZG
10 The Scheduled and tribal areas 244 – 244A
11 Relations between Union and States 245 – 263
12 Finance, property, contracts and suits 264 – 300A
13 Trade, commerce and intercourse within the territory of India 301 – 307
14 Services under the Union and States 308 – 323
14A Tribunals 323A – 323 B
15 Elections 324 – 329A
16 Special Provisions to SCs, STs, OBCs and Anglo Indians 330 – 342
17 Official Language 343 – 351
18 Emergency Provisions 352 – 360
19 Miscallaneous 361 – 367
20 Amendment of Constitution 368
21 Temporary, transitional and special provisions 369 - 392
22 Short title, commencement, authoritative text in Hindi and 393 - 395
repeals
Preamble

“We, the people of India, having solemnly 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 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 OURSELVES THIS CONSTITUTION”

Part 1 – The Union and its territory

Article 1 – India, that is Bharat, is a Union of States

Article 2 – Union can establish new states or admit new states
Article 3 – Union can redraw boundaries of existing states
Article 4 – No need for constitutional amendment to add new states

President has to forward the bill to Parliament w.r.t Article 3. He can ask for the opinion
of the legislature, but it is not binding.

Also, the power of the Parliament to diminish the area of a state does not cover cession of
Indian territory to a foreign country. Hence the area, known as Berubari Union in West
Bengal was given to Pakistan in 1960 (9th amendment).

Part 2 – Citizenship

The constitution deals with the citizenship from Article 5-11. However, it contains
neither any permanent nor any elaborate provisions in this regard. It empowers the
Parliament to enact a law for matters such as acquisition, deprivation and any such
matters of citizenship. Consequently, the Citizenship act of 1955 was enacted, and it is
important to study this act. This act was amended in 1986 and 1992.

The constitution provides citizenship to

a. Persons domiciled in India
b. Persons migrated from Pakistan
c. Persons migrated to Pakistan but later returned
d. Persons of Indian origin residing outside the country.

The Citizenship Act of 1955 prescribes 5 ways of acquiring citizenship

1. By birth: There are two parts to this act. A person is a citizen of India by birth if
he was born in India between 26 January, 1950 and 30 June 1987. A new
 amendment was done in 1986, wherein, a person born in India after 1987 had to
have one of his parents also to be an Indian citizenship. This was done to reduce
the flow of immigrants. Also, children of foreign diplomats in India and enemy
aliens cannot acquire citizenship by birth
2. By Descent: This act was amended in 1992. A person born outside India is
citizens of India, if at the time of his birth, either of his parents are citizens of
India. Before 1992, only if the father was a citizen would the child become a
citizen

3. By registration : Stay of five years immediately before making application,

persons of Indian origin ordinarily resident in any country, minor children of
persons who are citizens, and persons who are citizens of commonwealth
countries.

4. By Naturalisation: A foreigner can become a citizen of India if:

a. He is not a subject or citizen of a country where Indian citizens cannot

become naturalized citizens
b. He renounces the citizenship of the other country
c. Either resided in India for 7 years, or has been in government service for 4
years
d. He is of good character
e. He has an adequate knowledge of language recognized by the constitution.
f. He intends to reside in India or serve the government after Naturalisation

5. By Incorporation of Territory: If India acquires any territory, then the Union gets
to decide whom to give citizenship from the said territory.

Loss of Citizenship

There are three ways of losing citizenship

1. By Renunciation
2. By Termination
3. By Deprivation
 Constitution of India
Preamble

WE, THE PEOPLE OF INDIA, having solemnly 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 OURSELVES THIS
CONSTITUTION.

The Constitution of India :

Parts

Part 1

The Union and its Territory...Art.( 1-4 )

Part II
Citizenship...Art.( 5-11 )

Part III
Fundamental Rights...Art.( 12-35 )
Part IV
Directive principles of State policy...Art.( 36-51 )

Part IVA
Fundamental Duties...Art.( 51A )

Part V
The Union...Art.( 52-151 )

Part VI
The States...Art.( 152-237 )

Part VII
The States in Part B of the first Schedule...Art.( 238 )

Part VIII
The Union Territories...Art.( 239-243 )

Part IX
Panchayats...Art.( 243-243zg )

Part IX A
Municipalities...Art.( 243-243zg )

Part X
The Scheduled and Tribal areas...Art.( 244-244A )

Part XI
Relations between the Union and the States...Art.( 245-263 )

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

Part XIII
Trade, commerce and intercourse within the territory of India...Art.( 301-307 )

Part XIV
Services under the Union and the States...Art.( 308-323 )

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

Part XV
Elections..Art.( 324-329A )
Part XVI
special provisions relating to certain classes...Art.( 330-342 )

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

Part XVIII
Emergengy Provisions..Art.( 352-360 )

Part XIX
Miscellanious...Art.( 361-367 )

Part XX
Amendment of the constitution...Art.( 368 )

Part XXI
Temporary, Transitional and special provisions...Art.( 369-392 )

Part XXII
Short title, Commencement, authorative text in Hindi and repeals...Art.( 393-395 )

Schedules

FIRST SCHEDULE
[Articles 1 and 4]
I. The States
II. The Union Territories

SECOND SCHEDULE
[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5),186 and 221]
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
[Articles 75(4), 99, 124(6), 148(2),164(3), 188 and 219]
Forms of Oaths or Affirmations

FOURTH SCHEDULE
[Articles 4(1) and 80(2)]
Allocation of seats in the Council of States

FIFTH SCHEDULE
[Article 244(1)]
Provisions as to the Administration and Control of Scheduled Areas and Scheduled
Tribes
Part A
General
Part B
Administrative and control of Scheduled Areas and Scheduled Tribes
Part C
Scheduled Areas
Part D
Amendment of the Schedule

SIXTH SCHEDULE
[Articles 244(2) and 275(1)]
Provisions as to the Administration of Tribal Areas in [the States of Assam,
Meghalaya, Tripura and Mizoram]

SEVENTH SCHEDULE
(Article 246)
List I-Union List
List II-State List
List III- Concurrent List

EIGHTH SCHEDULE
[Articles 344(1) and 351]
Languages

NINTH SCHEDULE
(Article 31B)
Validation of certain Acts and Regulations
TENTH SCHEDULE
[Articles 102(2) and 191(2)]
Provisions as to disqualification on ground of defection

ELEVENTH SCHEDULE
[Article 243G]

TWELTH SCHEDULE
[Article 243W]

APPENDIX I
The Constitution ( Application to Jammu and Kashmir ) Order, 1954.

APPENDIX II
Re-Statement, with reference to the present text of the Constitution, of the
exceptions and modifications subject to which the Constitution applies to the State
of Jammu and Kashmir.

APPENDIX III
Extracts from the Constitution (Forty-fourth Amendment ) Act, 1978.