Introduction to Indian Constitution

The Constitution of India is the world's lengthiest written constitution with 395 articles and 8
schedules. It
contains the good points taken from the constitution's of many countries in the world. It was
passed on 26
Nov 1949 by the 'The Constituent Assembly' and is fully applicable since 26 Jan 1950. The
Constituent
Assembly had been elected for undivided India and held its first sitting on 9th Dec.1946, reassembled on
the 14th August 1947, as The Sovereign Constituent Assembly for the dominion of India. In
regard to its
composition the members were elected by indirect election by the members of The Provisional
Legislative
Assemblies (lower house only). At the time of signing 284 out of 299 members of the Assembly
were
present.
The constitution of India draws extensively from Western legal traditions in its outline of the
principles of
liberal democracy. It follows a British parliamentary pattern with a lower and upper house. It
embodies
some Fundamental Rights which are similar to the Bill of Rights declared by the United States
constitution.
It also borrows the concept of a Supreme Court from the US.
India is a federal system in which residual powers of legislation remain with the central
government, similar
to that in Canada. The constitution provides detailed lists dividing up powers between central and
state
governments as in Australia, and it elaborates a set of Directive Principles of State Policy as does
the Irish
constitution.
The constitution has provision for Schedules to be added to the constitution by amendment. The
ten
schedules in force cover the designations of the states and union territories; the emoluments for
high-level
officials; forms of oaths; allocation of the number of seats in the Rajya Sabha. A review of the
constitution
needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it.
minor changes. Many more amendments followed, a rate of almost two amendments per year
since 1950.
Most of the constitution can be amended after a quorum of more than half of the members of
each house in
Parliament passes an amendment with a two-thirds majority vote. Articles pertaining to the
distribution of
legislative authority between the central and state governments must also be approved by 50
percent of the
state legislatures.

26-4-1975). c. d. 1. 1949. e. faith and worship. Formation of new States and alteration of areas.3 2. expression. The States and the territories thereof shall be as specified in the First Schedule. [Sikkim to be associated with the Union. The people of India. LIBERTY of thought.—Parliament may by law admit into the Union. the Union territories specified in the First Schedule. —Parliament may by law— form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State. 3. new States on such terms and conditions as it thinks fit. such other territories as may be acquired. Admission or establishment of new States. alter the name of any State: 4[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless.Preamble of The Constitution We. by the Constitution (Thirty. 2A. India. 1975. a. do hereby Adopt. the territories of the States.f. that is Bharat. 5 (w. diminish the area of any State. economic and political. shall be a Union of States. where the proposal contained in the Bill affects the . or establish.e.1 2. social. c.sixth Amendment) Act. increase the area of any State. boundaries or names of existing States. 1. Read All Articles of Indian Constitution THE UNION AND ITS TERRITORY CITIZENSHIP FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES OF STATE POLICY FUNDAMENTAL DUTIES THE UNION AND ITS TERRITORY Name and territory of the Union. having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE. 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. b. belief.] Rep. Enact and give ourselves this Constitution. The territory of India shall comprise— a. alter the boundaries of any State. s. and 2 b.

order.—In this Part.—In this article. 2. shall. be void. to the extent of the contravention. custom or usage having in the territory of India the force of law a. incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary. 3. boundaries or name of any of the StatesPresident may allow and the period so specified or allowed has expired.] Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental. . unless the context otherwise requires. “the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India 12. notification. to the extent of such inconsistency. be void.—The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.General Definition. 1. b. “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed. notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. unless the context otherwise requires. bye-law.area. FUNDAMENTAL RIGHTS . 1. “law” includes any Ordinance. but in the proviso. “State’’ includes a Union territory.] 6[Explanation I. Explanation II. No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368. in clauses (a) to (e). In this article. rule.— All laws in force in the territory of India immediately before the commencement of this Constitution. incidental and consequential matters. regulation. this Part aThe State shall not make any law which takes away or abridges the rights conferred by nd any law made in contravention of this clause shall. — Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental. “State’’ does not include a Union territory. in so far as they are inconsistent with the provisions of this Part. Laws inconsistent with or in derogation of the fundamental rights.

in the opinion of the State. race. are not adequately represented in the services under the State]. roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. b. caste. 3. with consequential seniority. No citizen shall. to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which. No citizen shall. caste. be ineligible for. Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. in the opinion of the State. 6[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent.] 4. on grounds only of religion. 1. descent. bathing ghats. Nothing in this article shall prevent Parliament from making any law prescribing. or discriminated against in respect of. Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which. tanks. on grounds only of religion. 3. sex. hotels and places of public a. residence or any of them. place of birth.2 4. race. Right to Equality 1. 4[(4A) Nothing in this article shall prevent the State from making any provision for reservation 5[in matters of promotion. liability. Equality of opportunity in matters of public employment. . is not adequately represented in the services under the State. any employment or office under the State. a State or Union territory. or any local or other authority within. entertainment. Nothing in this article shall prevent the State from making any special provision for women and children. 2. in regard to a class or classes of employment or appointment to an office 3[under the Government of. place of birth or any of them. or the use of wells. be subject to any disability. any requirement as to residence within that State or Union territory] prior to such employment or appointment.1 Nothing in this article shall apply to any amendment of this Constitution made under article 368. sex. public restaurants. reservation on total number of vacancies of that year. 2. restriction or condition with regard to— access to shops.— There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

emolument.—The State shall not deny to any person equality before the law or the equal punishable in accordance with law.8 f. reasonable restrictions on the exercise of the right conferred by the said sub-clause. No person holding any office of profit or trust under the State shall. to assemble peaceably and without arms. Equality before law.] 2. in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of 10[the sovereignty and integrity of India. Right to Freedom Protection of certain rights regarding freedom of speech. not being a military or academic distinction. Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes. or prevent the State from making any law imposing. to reside and settle in any part of the territory of India. accept without the consent of the President any title from any foreign State. Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes. c. accept any present. 4. . to move freely throughout the territory of India. 9[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law. trade or business.— All citizens shall have the right— a. 4. decency or morality. to freedom of speech and expression. No person who is not a citizen of India shall. friendly relations with foreign States. or prevent the State from making any law imposing. 3. by the State. etc. b. 2. in the interests of 10[the sovereignty and integrity of India or] public order or morality. or to carry on any occupation.— No title. 1. or prevent the State from making any law.] the security of the State. or in relation to contempt of court. d. 18. defamation or incitement to an offence.Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. shall be conferred 1. while he holds any office of profit or trust under the State. 7e. to form associations or unions. [and] to practise any profession. public order. No citizen of India shall accept any title from any foreign State.14. reasonable restrictions on the exercise of the right conferred by the said sub-clause. Abolition of titles. without the consent of the President. 3. or office of any kind from or under any foreign State. in the interests of 10[the sovereignty and integrity of India or] public order.

and to be defended by. or prevent the State from making any law relating to. Right to education. a legal practitioner of his choice.]13 21. . more than once. or by a corporation owned or controlled by the State. 2. 5. Protection against arrest and detention in certain cases. No person shall be prosecuted and punished for the same offence 2.—The State shall provide free and Compulsory education to all children of the age of six to fourteen years in such manner as the State may. business. Protection in respect of conviction for offences.Nothing in 11[sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes. of the grounds for such arrest nor shall he be denied the right to consult. in particular. reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe. 1. b. sub-clause.— the professional or technical qualifications necessary for practising any profession or carrying on any occupation. to any person who for the time being is an enemy alien.] ii. industry or service. 1. Nothing in clauses (1) and (2) shall apply— a. 12[nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to.— No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence. or i. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.14— No person who is arrested shall be detained in custody without being informed. Protection of life and personal liberty. nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. No person accused of any offence shall be compelled to be a witness against himself. or to any person who is arrested or detained under any law providing for preventive detention. determine. by law. [21A. trade or business. and.—No person shall be deprived of his life or personal liberty except according to procedure established by law. whether to the exclusion. 20. as soon as may be. complete or partial. or prevent the State from making any law imposing. the carrying on by the State. of any trade. 3. of citizens or otherwise.

and in imposing such service the State shall not make any discrimination on grounds only of religion. Prohibition of employment of children in factories. race. caste or class or any of them.3.— Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. the authority making the order shall. Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so When any person is detained in pursuance of an order made under any law providing for preventive detention. Parliament may by law prescribe— the circumstances under which. 24. Right against Exploitation Prohibition of traffic in human beings and forced labour. Nothing in this article shall prevent the State from imposing compulsory service for public purposes. 2. or are qualified to be appointed as. 5.—No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. 23. No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless— an Advisory Board consisting of persons who are. or 6. or have been. 6. as soon as may be. etc. 1. 7. a. communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. and b. and the class or classes of cases in which. . a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4). Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7). the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause c. the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention. Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

practise and propagate religion. morality and health and to the other provisions of this Part. in particular. Application of the principles contained in this Part. not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. in particular. economic and political. providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. 38. 36. practice and propagation of religion. 1. unless the context otherwise requires. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law:regulating or restricting any economic. but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. Certain principles of policy to be followed by the State. .In this Part. men and women equally. . b. financial. . c. have the right to an adequate means of livelihood.The provisions contained in this Part shall not be enforceable by any court.Right to Freedom of Religion Freedom of conscience and free profession. 1. facilities and opportunities. d. 37. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. that the citizens. and endeavour to eliminate inequalities in status. direct its policy towards securing a.The State shall. social. 1The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice. strive to minimise the inequalities in income. all persons are equally entitled to freedom of conscience and the right freely to profess.> DIRECTIVE PRINCIPLES OF STATE POLICY Definition . political or other secular activity which may be associated with religious practice. State to secure a social order for the promotion of welfare of the people. 2The State shall. a. 2. that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. that there is equal pay for equal work for both men and women. shall inform all the institutions of the national life. ‘‘the State’’ has the same meaning as in Part III. Subject to public order.

. .. 4 39A. for free and compulsory education for all children until they complete the age of fourteen years. 41. establishments or other organisations engaged in any industry. by suitable legislation or in any other way. by suitable legislation or economic organisation or in any other way.The State shall endeavour to secure. sickness and disablement.The State shall take steps. that the health and strength of workers. etc. Right to work. 543A. 6Provision for free and compulsory education for children. 40. 44. on a basis of equal opportunity. . in particular. in particular. industrial or otherwise. and shall.e. f. Provision for just and humane conditions of work and maternity relief. Participation of workers in management of industries. Living wage. 45. . to all workers. Organisation of village panchayats. Equal justice and free legal aid . Uniform civil code for the citizens. to secure the participation of workers in the management of undertakings. within a period of ten years from the commencement of this Constitution. 42.the State shall endeavour to provide. 43.The State shall secure that the operation of the legal system promotes justice. the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. .The State shall make provision for securing just and humane conditions of work and for maternity relief. to education and to public assistance in certain cases. to education and to public assistance in cases of unemployment. agricultural. a living wage. old age. within the limits of its economic capacity and development. and the tender age of children are3that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. and in other cases of undeserved want. by suitable legislation or schemes or in any other way. .The State shall. make effective provision for securing the right to work.The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. for workers. . men and women. work. conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and. provide free legal aid. . to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

d. Scheduled Tribes and other weaker sections. Separation of judiciary from executive. maintain just and honorable relations between nations. Organisation of agriculture and animal husbandry. and shall protect them from social injustice and all forms of exploitation. every person who has his domicile in the territory of India and— a.Promotion of educational and economic interests of Scheduled Castes. disposal or export. .—At the commencement of this Constitution. 748A. . as the case may be. . destruction. foster respect for international law and treaty obligations in the dealings of organized peoples with one another.The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. b. . removal. either of whose parents was born in the territory of India. disfigurement. in particular. Protection of monuments and places and objects of national importance. shall be a citizen of India. c. or who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement. encourage settlement of international disputes by arbitration. 49. . 8[declared by or under law made by Parliament] to be of national importance. Promotion of international peace and security. and c. . in particular. of the Scheduled Castes and the Scheduled Tribes. 47. . peace and security. Duty of the State to raise the level of nutrition and the standard of living and to improve public health. 46. who was born in the territory of India. from spoliation. 50. the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. to organize milch and draught cattle. CITIZENSHIP Citizenship at the commencement of the Constitution. or b. and.It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest.The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and.The State shall take steps to separate the judiciary from the executive in the public services of the State. Protection and improvement of environment and safeguarding of forests and wild life.The State shall endeavour 48. .The State shall promote with special care the educational and economic interests of the weaker sections of the people.The State shall endeavour to:promote international a.

1935 (as originally enacted). a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if— he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act. and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative. 1948. he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who.5.— Notwithstanding anything in article 5. 1948. in the case where such person has so migrated on or after the nineteenth day of July. any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act. in the case where such person has so migrated before the nineteenth day of July. Persons voluntarily acquiring citizenship of a foreign State not to be citizens. Rights of citizenship of certain persons of Indian origin residing outside India.— No person . has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July. or i. in the form and manner prescribed by the Government of the Dominion of India or the Government of India. after having so migrated to the territory now included in Pakistan. 1935 (as originally enacted). —Notwithstanding anything in article 5. 8. and a. he has been ordinarily resident in the territory of India since the date of his migration. Rights of citizenship of certain persons who have migrated to India from Pakistan. 1948. whether before or after the commencement of this Constitution.

and to have compassion for living creatures. rivers and wild life. linguistic and regional or sectional diversities. 2who is a parent of guardian to provide opportunities for education to his child or. ward between the age of six and fourteen years. . i.—It shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions.—Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall. to uphold and protect the sovereignty. e. d.shall be a citizen of India by virtue of article 5. h. FUNDAMENTAL DUTIES 51A. lakes. continue to be such citizen. or be deemed to be a citizen of India by virtue of article 6 or article 8. to safeguard public property and to abjure violence. Parliament to regulate the right of citizenship by law. f. as the case may be. a. subject to the provisions of any law that may be made by Parliament. if he has voluntarily acquired the citizenship of any foreign State 9. c. to defend the country and render national service when called upon to do so. j. Fundamental duties. Continuance of the rights of citizenship. to renounce practices derogatory to the dignity of women. humanism and the spirit of inquiry and reform. to cherish and follow the noble ideals which inspired our national struggle for freedom. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious. to develop the scientific temper. to protect and improve the natural environment including forests. the National Flag and the National Anthem. 10. b. unity and integrity of India. g. — Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. to value and preserve the rich heritage of our composite culture.