IMPORTANT NOTES RELATED TO INDIAN POLITY

Originally, the Indian Constitution had 395 Articles, 22 Parts, and 8 Schedules.

Later 3 parts, namely, 9A Municipalities, 9B Co-operative societies, and 14A
tribunals, were added to it as amendments, making the tally 25. Presently, the
Indian Constitution is made up of 448 Articles, 25 Parts, and 12 Schedules.
Schedules consist of additional details that are absent in a particular Article or
Part. It is to be remembered that whenever a new Article or a Part is introduced
in the Indian Constitution, the same is carried out alphabetically (for
example Article 21 A) so that the arrangement of the Constitution is not
affected. The present article provides a detailed analysis of the 25 Parts of the
Indian Constitution. 

25 Parts of the Indian Constitution

Part I: the Union and its territory (Articles 1 to 4)

The Constitution refers to India as a Union of States, meaning that its unity is unbreakable. No
part of the Indian Union may secede. The country is divided into many parts known as states
or union territories and the Constitution lays down not only the structure of the Union
Government but also the structure of the state government. India is a sovereign, secular,
democratic republic governed by a Parliamentary system of government. The President is the
Union’s constitutional executive leader. The Governor, as the President’s representative, is in
charge of the executive branch in the states. State governments are quite similar to the
federal government. The nation is divided into 28 states and 8 union territories (UT) as
of 2021. The President appoints an administrator to oversee the UT. Each Indian state/UT has
its own demographics, history, culture, attire, festivals, language, and so on. Part I of the
Indian Constitution consists of the following articles: 

1. Article 1: Name and territory of the Union.

2. Article 2: Admission or establishment of new States.
3. Article 3: Formation of new States and alteration of areas, boundaries, or names of
existing States.
4. Article 4: Laws made under Articles 2 and 3 to provide for the amendment of the
First and the Fourth Schedules and supplemental, incidental, and consequential
matters. 
Part II: Citizenship (Articles 5 to 11)

Citizenship under Part II of the Indian Constitution is covered by Articles 5 to 11. Articles 5 to 8

describe who was eligible for Indian citizenship at the time of commencement of the
Constitution, whereas Articles 9 to 11 describe how citizenship is acquired and lost.

Person domiciled in India 

The idea of residence is not consistent throughout the world, as the Supreme Court noted
in Satya v. Teja Singh (1975). However, two things must be proven in order to establish a
domicile:

1. A specific type of residence,

2. A certain type of intention.
Factum and animus are both necessary. A long stay does not definitely establish a domicile,
while a short stay does not necessarily negate it.

Article 5 of the Indian Constitution states that any person who had his/her domicile in Indian
territory at the time of the Constitution’s adoption and met one of the following three criteria
would be a citizen of India:

1. Who was also born in the territory of India, or

2. Either of whose parents were born in the territory of India, or
3. Who had been ordinarily resident in the territory of India for not less than five
years immediately preceding such commencement.
The Supreme Court declared in D.P. Joshi v. Madhya Bharat State (1955) that citizenship and
domicile are two distinct notions. Citizenship refers to a person’s political standing, whereas
domicile refers to their civil rights. The Indian Constitution establishes single citizenship, that
is, Indian citizenship. A state cannot have citizenship, although it can have a domicile.

Persons migrated from and to Pakistan 

Articles 6 and 7 of the Indian Constitution deals with the Rights of Citizenship of certain
persons who have migrated to India from Pakistan and the Rights of Citizenship of certain
migrants to Pakistan respectively. 

The Supreme Court concluded in Shanno Devi v. Mangal Sain (1961) that the phrase
“migration” in Articles 6 and 7 meant traveling to a nation with the aim of residing there
permanently. However, in Kulathil Mammu v. State of Kerala (1996), this viewpoint was
rejected. In this case, the Supreme Court ruled by a majority that the term ‘migrated’ in
Article 6 or 7 is used in a broader sense of moving from one place to another, whether
permanently or temporarily, but that the move should be voluntary and not for a specific
purpose or for a short or limited period of time.

Persons of Indian origin residing in foreign countries  

Article 8 of the Indian Constitution provides that nationals (whose parents or any
grandparents were born in India as defined in the Government of India Act, 1935) residing
abroad are granted Indian citizenship as if they had been registered by India’s diplomatic or
consular representatives in the country where they are residing.

Acquisition and termination of citizenship under the Citizenship Act

Citizenship is closely linked to the Citizenship Act, which was approved by the Indian
Parliament in 1955, in addition to the aforementioned articles of the Indian Constitution. The
Citizenship Act of 1955 governs India’s citizenship following the establishment of the
Constitution. It’s a piece of legislation that governs the acquisition and termination of Indian
citizenship as well. The legislation related to this matter is the Citizenship Act 1955 which has
been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act
1992, the Citizenship (Amendment) Act 2003, the Citizenship (Amendment) Act 2005, and
the Citizenship (Amendment ) Act, 2019. The President of India is termed as the first citizen of
India.

Part III: Fundamental Rights (Articles 12 to 35)

Part III of the Indian Constitution (Articles 12 to 35) guarantees a number of Fundamental
Rights and remedies in the event that they are violated. The primary rationale behind
including these rights in a democratic constitution is that individuals sometimes require
protection against collective action by others who may not completely understand their
position and demands. Fundamental Rights under the Indian Constitution have been largely
drawn from and influenced by the provisions in the US Bill of Rights. Fundamental Rights
guaranteed in Articles 14 to 35 have been categorised into six groups, namely,

1. Right to Equality (Articles 14 to 18).

2. Right to Freedom (Articles 19 to 22).
3. Right against Exploitation (Articles 23-24).
 4. Right of Freedom of Religion (Articles 25 to 28).
5. Cultural and Educational Rights (Articles 29-30).
6. Right to Constitutional Remedies (Articles 32 to 35).
Article 12 of the Indian Constitution provides the definition of ‘State’ which includes the
Parliament and state legislatures, Government of India and state governments, and all local
and other authorities within the territory of India or under the control of the Government of
India

Article 13 of the Indian Constitution provides laws that are inconsistent with or in derogation
to the fundamental rights thereby expressly incorporating the principle of judicial review.
Articles 13 (1) and (2) render existing and future legislations unenforceable to the degree that
they conflict with the fundamental rights guaranteed by Part III of the Indian Constitution.
While clause (1) deals with pre-constitutional laws, clause (2) covers post-constitutional laws. 

Right to Equality (Articles 14 to 18)

The right to equality is addressed in Articles 14 to 18. Article 14 addresses the right to equality
and equal protection under the law in general, but Articles 15, 16, 17, and 18 guarantee
equality in specific areas. As envisioned in the Preamble of the Constitution, the right to
equality is the most crucial right for a democratic, socialist, and secular republic nation like
India. Without this basic guarantee to individual members of society, democracy will fail to
function properly. 

Article 14

Individuals are guaranteed the right to equality under Article 14 of the Indian Constitution.
The article confers rights on all persons within the territory of India. The benefit of the Article
is not limited to citizens as under Article 19. The word ‘person’ includes not only natural
persons but also legal or juristic persons. As a result, Article 14 guarantees the right of
equality to all firms, registered organisations, statutory corporations, and other legal entities.

Articles 15 to 18

Article 15 of the Indian Constitution deals with the prohibition of discrimination on grounds of
religion, race, caste, sex, or place of birth. The legitimacy of an act under Article 15 is to be
determined by the mode of operation and effect on fundamental rights and not by the
purpose or goal of the act. The act is unlawful if the impact of its operation is to discriminate
against citizens on any of the grounds specified in the article. 
Article 16 guarantees equality of opportunity in state-sponsored employment. This right is
only conferred on the citizens of India. It is also impossible to treat everyone equally in the
workplace. Equal treatment for equals is the sole definition of equality. Article 16 does not
prevent the reasonable classification of employees and unequal treatment based on such
categorisation. Before an action is determined to have violated Article 16, there must be a
clear showing of discrimination between one government official and another in a similar
position, which cannot be sensibly explained, save on the assumption or demonstration of
malice in law or malice in fact. The Supreme Court of India had opined the same in the 1976
case of Regional Manager v. Pawan Kumar. 

Article 17 deals with our country’s specific problem of untouchability. There are two parts to
this article. The first portion proclaims that ‘untouchability’ is outlawed and that any form of
it is prohibited. Article 17 denies legal recognition of any right or disability based on the
‘untouchability’ practice. The second portion, which has a positive element, stipulates that
anybody who imposes any disability resulting from ‘untouchability’ would be punished. The
punishment will be determined by the law. 

All titles are abolished under Article 18(1) of the Indian Constitution. It makes it illegal for the
government to bestow titles on anybody, whether a citizen or a non-citizen. The restriction
does not apply to military or academic distinctions. As a result, a university might bestow a
title or honour on a deserving individual. Clause (2) makes it illegal for an Indian citizen to
accept any title from a foreign state. Clause (3) bans a person who is not a citizen of India but
holds a profit or trust post in the government from taking a title from a foreign state without
the President’s permission. Clause (4) states that no individual, citizen or non-citizen, holding
a profit or trust post may take any present, emolument, or office of any sort from or under
any foreign State without the President’s assent. Clauses (3) and (4) were inserted to
guarantee that a non-citizen remains loyal to the State and does not violate the confidence
placed on them. The Supreme Court confirmed the legitimacy of civilian decorations in Balaji
Raghavan v. UOI (1995) but chastised the government for not exercising prudence in granting
them. It was decided that national prizes were not intended to be utilised as titles and that
individuals who had done so should forfeit their honour.

Right to Freedom (Articles 19 to 22)

Clause 1 of Article 19 guarantees some valued liberties that are necessary for an individual’s
dignity and the functioning of a democratic society. The exercise of these rights is constrained
by Clauses (2) to (6) of the same Article. Citizens are the only ones who may claim rights under
Article 19 (1). Article 19 guarantees some freedoms which are not absolute, as is the case of
the American Constitution. The State’s ability to restrict fundamental liberties has not been
left to be inferred from the notion of ‘police authority,’ and the usage of the ambiguous term
of ‘due process’ has been avoided on design. The rights are provided hereunder:
 1. Right to freedom of speech and expression (Clause 19(1)(a)).
2. Right to assemble peacefully and without arms (Clause 19(1)(b)).
3. Right to form associations or unions or cooperative societies (Clause 19(1)(c)).
4. Right to move freely throughout the territory of India (Clause 19(1)(d)).
5. Right to reside and settle in any part of the territory of India (Clause 19(1)(e)).
6. Right to practice any profession or to carry on any occupation, trade, or business
(Clause 19(1)(g)). 
Article 20 guarantees three separate rights to an accused individual, whether citizen or non-
citizen, in three clauses. Clause (1) protects rights against ex post facto legislation, Clause (2)
prevents double jeopardy, and Clause (3) bans self-incrimination.

The right to life and personal liberty is guaranteed by Article 21 of the Indian Constitution. It is
available to both the citizens as well as non-citizens of India. The Supreme Court declared
in Francis Coralie v. Union Territory of Delhi (1981) that Article 21’s right to life cannot be
limited to animal existence. It entails a lot more than simply physical survival. In Kharak Singh
v. State of Uttar Pradesh (1963), it was determined that the phrase “personal liberty” in
Article 21 refers to all of the rights that make up a person’s personal freedoms, not only those
listed in Article 19(1).

Article 22 deals with the right to arrest and detention. The protection is available to all
citizens and non-citizens alike, however, enemy aliens and those in preventive custody will not
be protected by Clauses (1) and (2). Article 22’s provisions can be separated into two groups.
Clauses 1 to 3 deal with general arrests, whereas clauses 4 to 7 solely deal with preventative
detention.

Right against Exploitation (Articles 23 and 24)

Articles 23 and 24 provide the right to be free of exploitation. The feudalistic social framework
has divided society into two factions, one for the privileged and wealthy, and the other for the
oppressed working class with little or no property. The former class’s exploitation of the latter
took on such proportions that, in order to exploit the latter class for their own gain, the
former class treated them as if they were animals or saleable commodities. Article 23
prohibits human trafficking, beggary, and other similar forms of forced labour. Whereas,
Article 24 prohibits child employment below the age of 14 years in mines, factories, or other
hazardous work. 

Right of Freedom of Religion (Articles 25 to 28)

A secular state is also envisioned in the Indian Constitution. Secularism was ruled to be a
fundamental characteristic of the Indian Constitution in the case of S.R. Bommai v. Union of
India (1994). As a result, Articles 25 to 28 provide religious freedom to all people, whether
they are members of a minority or a majority group

Article 25 deals with religious activities (rituals) as well as religious beliefs (doctrines).
Furthermore, these rights are applicable to all people, including citizens and non-citizens.
These rights, however, are subject to public order, morality, health, and other fundamental
rights. 

Individual rights are protected by Article 25, whereas religious groups or divisions are
protected under Article 26. In other words, Article 26 safeguards the right to freedom of
religion for all people. No one shall be compelled to pay any taxes for the promotion or
preservation of any specific religion or any group, according to Article 27. In other words, the
government should not use public funds earned via taxes to promote or maintain any one
religion.

Article 28 states that no religious teaching should be offered in any educational institution
supported entirely by public funds. This rule, however, shall not apply to any educational
institution controlled by the State but formed under any endowment or trust that requires the
school to provide religious teaching.

Cultural and Educational Rights (Articles 29-30)

Articles 29 and 30 are meant to safeguard minorities by allowing them to preserve their own
language, script, and culture while also preventing discrimination in educational institutions
based solely on religion, ethnicity, caste, language, or any combination of these factors. The
various provisions in the aforementioned articles have been listed hereunder:

1. Right of minorities to conserve language, script or culture (Article 29(1)).

2. Right of minorities to establish and administer educational institutions of their
choice. (Article 30(1)).
3. Right to compensation in case of acquisition of property of minority institutions.
(Article 30(1A)).
4. Right against discrimination in matters of granting aid to educational institutions.
(Article 30(2)). 
5. Right of citizens against discrimination in matters of admission to educational
institutions. (Article 29(2)). 
Right to Constitutional Remedies (Articles 32 to 35)
A right that isn’t accompanied by a remedy is only a formality. It is the remedy that brings a
right to life. Article 32 of the Indian Constitution covers the right to constitutional remedy,
which is termed as the ‘soul of the Constitution’ by the Chairman of the Drafting Committee,
Dr. B.R. Ambedkar. 

Article 33 permits Parliament to legislate the amount to which basic rights shall be reduced or
changed in their application to members of the Armed Forces and certain other forces. Article
34 of the Constitution authorizes Parliament to compensate any individual serving in the
Union or state, as well as any other person, for any act performed in connection with the
maintenance or restoration of order in any territory where the martial rule was in
effect. Article 35 grants Parliament the sole legislative authority over Articles 16 (3), 32 (3),
33, and 34. Furthermore, this article empowers the Parliament to impose penalties for
violations of Fundamental Rights.

Part IV: Directive Principles of State Policy (Articles 36 to 51)

Article 36 to 51 of the Indian Constitution incorporates certain Directive
Principles of State Policy (DPSP) which the State must keep in view while
governing the nation, but by Article 37 these principles have been expressly
made non-justiciable in a court of law. The reason for declaring these principles
non-justiciable in court was because they could not be enforced through courts
of law by their very nature, as the country’s economic resources may not be
sufficient to satisfy them. For example, it may be admirable to guarantee the
right to work, the right to education, or equal pay for equal work, but in order
to accomplish these guarantees, sufficient economic resources and various
social structures may be required, which may not be obtained instantly but
rather over time. They have been rendered non-justiciable as a result of this
discovery. The framers of the Indian Constitution were particularly influenced by
the provisions of the Irish Constitution, 1937, and Lauterpacht’s International
Bill of Rights in integrating Directive Principles in it.

The debated DPSP : Article 44

In topics like marriage, divorce, inheritance, and adoption, the Uniform Civil
Code (UCC) argues for the creation of a single law for India that would apply to
all religious sects. The law is based on Article 44 of the Constitution, which
states that the state must work to ensure that citizens throughout India have
access to a Uniform Civil Code. The goal of Article 44 of the Indian
Constitution’s Directive Principles was to combat discrimination against
vulnerable groups and to bring disparate cultural groupings together across the
country. 

The UCC attempts to safeguard disadvantaged groups, including women and

religious minorities, as envisioned by Dr. B.R. Ambedkar, while simultaneously
boosting nationalistic ardour via unity. The Code, once passed, would attempt
to simplify laws that are now divided based on religious views, such as the
Hindu Code Bill, Shariat legislation, and others. The Code will make the
complicated regulations of marriage ceremonies, inheritance, succession, and
adoptions are easier to understand and will be applicable to everyone. All
citizens, regardless of their faith, shall be subject to the same civil law. For over
a century, the subject has been at the forefront of political discourse and
discussion, and it is a top priority for the Bharatiya Janata Party (BJP), which
has been pressing for legislation in the Parliament.

Relation between Directive Principles and Fundamental Rights

In Kesavananda Bharati v. State of Kerala (1973), it was determined by the
Supreme Court of India that Part IV’s guiding principles are the Constitution’s
core feature and social conscience. Articles 14 and 16 are the methods to
implement the policy to accomplish the purposes intended to be promoted by
the Directive Principles. The relationship between Fundamental Rights and the
DPSP is now cohesive in nature, and it is an important aspect of the Indian
Constitution’s basic structure. Both are beneficial and complimentary to one
another. The Directive Principles are, therefore, no longer just a moral duty for
the government.

Part IVA : Fundamental Duties (Article 51A)

On the proposal of the Swaran Singh Committee, Part IV-A was introduced
during the emergency by the Constitution (Forty-second Amendment) Act,
1976. The Amendment added a new Part IV-A to the Constitution, consisting
solely of Article 51-A. There are 11 Fundamental Duties provided by the Indian
Constitution. 

People in a democratic society must understand that while they have certain
rights, they also have obligations and duties to others and the nation. These
duties have been included in order to instill a sense of responsibility in the
people. There have been several occasions, both before and after the inclusion
of these responsibilities, in which these rights have been flagrantly misused,
including the burning of the national flag and the Constitution, as well as
promoting secession. It was discovered that in a democratic setting, it is vital to
educate the people in order to foster a sense of responsibility for the nation’s
unity and integrity. A new basic responsibility has been included in clause(k) of
Article 51 A, which addresses the right to education, by the Constitution’s
Eighty-Sixth Amendment. This clause states that parents or guardians of
children aged 6 to 14 who have been granted the right to free and compulsory
education must offer educational opportunities for their children.

In Sachidanand Pandey v. State of West Bengal (1987), the Supreme Court

stated that when the Court is asked to give effect to Directive Principles and
Fundamental Duties, it cannot shrug and argue that priorities are a matter of
policy and hence a subject to be considered by policymakers. The court may
look into whether acceptable considerations have been taken into account and
irrelevant factors have been eliminated. Inappropriate cases, it may go even
further and provide crucial instructions. 

Part V : The Union (Articles 52 to 151)

The Union can be discussed under three broadheads, which are provided
hereunder.

The Union Executive (Articles 52-78)

The Indian Constitution establishes a parliamentary system of government with
the head of the State being the President at the Union level and the governor at
the state level. The principal executive functionaries of the Union are:

1. President,
2. Vice-President,
3. Council of Ministers,
4. Attorney General of India. 
The executive powers of the Union extend to the following according to Article
73 of the Constitution:

1. To subjects over which Parliament has legislative authority,

2. To the exercise of any rights, power, or jurisdiction that the
Government of India may exercise under any treaty or agreement.
The President under Article 52 of the Constitution, is not only the leader of the
Central Government but also the guardian of state interests and keeps a check
on state operations that may jeopardise the Central Government’s interests or
the Indian Union’s unity and integrity. Through the Inter-State Council, he/she
will also bring about collaboration between various states.

The Union Legislature (Articles 79-122)

The legislature at the federal level and in certain states is bicameral, with the
head of the State as an integral part of it. The Upper House, which is similar to
the English Upper House (the House of Lords) and the American Upper House
(The Senate), is known as the Council of States. The Lower House is referred to
as the House of the People. It is similar to the House of Commons in England
and the House of Representatives in the United States. While Article 80 of the
Constitution lays down that the Rajya Sabha will consist of not more than 238
representatives of the states and Union territories, Article 81 provides that the
Lok Sabha should not have more than 530 members through direct elections
and 20 members to represent union territories. 

The Union Judiciary (Articles 124-147)

Articles 124 to 128 deal with the organisation of the union judiciary, namely the
Supreme Court’s constitution, as well as the Supreme Court’s appointments,
terms of service, and emoluments payable to its judges. 

In SP Gupta v. Union of India (1982), the Supreme Court ruled unanimously

that all constitutional functionaries participating in appointments are on the
same footing when it comes to consultation while answering the question as to
whether the opinion of the Chief Justice of India is binding or not. In Supreme
Court Advocates on Record Association v. Union of India (1994), the Supreme
Court overturned the decision, holding that the process of appointing judges to
the Supreme Court and high courts is an integrated participatory consultative
process for selecting the best and most suitable individuals. It should be
emphasised that if the Chief Justice of India makes a suggestion without
following the consultation procedure, the Government is not obligated to adopt
it.

Article 141 of the Indian Constitution declares that any law which is declared by
the Supreme Court of India shall be binding on all other courts within the Indian
territory. The three kinds of jurisdiction vested on the Supreme Court are:

1. Original jurisdiction (Articles 32, 131).

2. Appellate jurisdiction (Articles 132-136).
3. Advisory jurisdiction (Article 143).
Part VI : The States (Articles 152 to 237) 
The states can be discussed under three broadheads, which are provided
hereunder.

The State Executive (Articles 153-167)

The executive power of the state is defined in Article 162. It states that,
pursuant to the requirements of the Constitution, a State’s executive power
extends to areas over which the State Legislature has legislative authority. The
principal executive authorities of the State are:

1. The Governor,
2. Council of Ministers,
3. Advocate General.  
Article 155 of the Indian Constitution lays down that governors of states are to
be appointed by the President under his/her hand and seal. 

The State Legislature (Articles 168-212)

Compensation for a state’s legislative assembly is provided for under Article
170. Clause (1) establishes the Assembly’s maximum and minimum
membership. It states that the Legislative Assembly shall have no more than
500 members and no less than 60. Article 171 provides for the compensation of
the Upper Chamber (Legislative Council) in states. Andhra Pradesh, Telangana,
Bihar, Karnataka, Maharashtra, Uttar Pradesh, Jammu, and Kashmir are the
seven states with two houses.

The State Judiciary (Articles 214-237)

Our Constitution designates the high courts (Articles 214-231) and the
subordinate courts (Articles 233-237) as state judiciary.  Each state is required
to have a High Court, according to Article 214. High courts in India were
founded in 1861 by the High Courts Act, 1861, and they had a reputation for
independence and impartiality even before independence. High courts are also
recognised as courts of record under Article 215 of the Constitution. Presently
there are 25 high courts in India. Article 226 enables high courts to issue
instructions, orders, or writs for the enforcement of fundamental rights or for
any other purpose within their territorial jurisdiction, including writs in the form
of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. The
regulations pertaining to subordinate courts are included in Chapter VI of Part
VI, which covers Articles 233 to 237.

Part VIII : The Union Territories (Articles 239 to

242)
Parliament has ultimate jurisdiction over matters pertaining to the governance
of union territories. It can specify how they are to be governed, but until
Parliament directs differently, the Union territories are to be administered by
the President through an administrator he/she appoints. The Union Territories
and the Centre have a unitary relationship. They are under the Centre’s direct
management and administration. They don’t have any autonomy, and their
administrative structure isn’t standard.

There are special provisions with respect to Delhi, as provided by the Indian
Constitution. After Article 239-AA, two Articles, 239-AA and 239-AB, were
added by the Constitution (Sixty-ninth Amendment) Act of 1991. The Union
Territory of Delhi and the Administrator of Delhi were to be named as
Lieutenant Governor, according to Article 239-AA.

Part IX : The Panchayats (Articles 243 to 243O)

The State shall take efforts to create village panchayats and invest them with
such rights and authority as may be required to allow them to operate as units
of self-government, according to Article 40 of the Constitution. The 73rd
Amendment to the Constitution deals with panchayats, which are meant to
strengthen local self-government at the village, town, and city levels while also
allowing for rural-urban coordination. Article 243-E of the Constitution provides
that every panchayat shall continue for a period of five years from the date
appointed for its first meeting unless it is dissolved earlier. 

Part IXA : The Municipalities (Articles 243P to 243

ZG)
The Constitution (Seventy-fourth Amendment) Act of 1992 establishes the
structure, composition, powers, and functions of urban self-government entities.
There are five types of urban bodies, namely,
 1. Nagar Panchayats,
2. Municipal councils,
3. Municipal corporations,
4. Metropolitan areas,
5. Industrial township
Municipalities, whether Nagar Panchayats, Municipal Councils, or Municipal
Corporations, must be formed in conformity with the requirements of Part IX A
of the Constitution, which was included by the Seventy-fourth Amendment Act
of 1992. Unless it is dissolved sooner by any law passed by the state legislature,
every municipality must continue for 5 years from the date set for its first
meeting. Before a municipality is dissolved, it must be given a reasonable
opportunity to be heard. There are no clear measures in place for panchayats to
take advantage of this opportunity.

Part IXB : Co-operative Societies (Articles 243H to

243 ZT)
Cooperative societies are an example of a self-help organisation. It is a vital tool
for achieving the goal of social and economic justice as conceived in the
Preamble to the Indian Constitution, as well as protecting people from capitalist
exploitation. After Part IX-A, a new Part IX B including Articles 243 ZH to 243
ZT was incorporated in the Constitution by the Constitution (Ninety-Seventh
Amendment) Act of 2011. The new section focuses on cooperative societies.

Part X : The Scheduled and Tribal Areas (Articles 

244 to 244A)
Article 244 states that the Fifth Schedule applies to the administration and
control of Scheduled Areas and Scheduled Tribes in all states except Assam,
Meghalaya, Tripura, and Mizoram, and the Sixth Schedule applies to the
administration and control of Tribal Areas in the aforementioned states.

The executive power of a state extends to Scheduled Areas within it, subject to
the rules of the Vth Schedule, and the Governor of each state with Scheduled
Areas is expected to submit an annual report to the President on the
management of such areas. Certain Tribal Areas have been designated as
autonomous Districts for better administration, for example, Khasi Hills District,
Tripura Tribal Areas District. A District Council is established for each district,
and a Regional Council is established for each autonomous area.

Part XI : Relations between the Union and the

States (Articles 245 to 263)
The relation between the Union and the states can be understood under three
broad heads which are provided hereunder.

Legislative relations (Article 245-255)

The territorial division of legislative powers between the Union and the states is
addressed in Article 245 of the Constitution. The Union has the right to make
laws for the entire or any part of India’s territory, while each state has the
power to make laws for its own area. The current Constitution has embraced
the Government of India Act, 1935’s distribution plan. Three lists appear in the
Constitution’s Seventh Schedule. The List I contains 97 items over which the
Union Parliament has sole authority. List II enumerates 66 items over which the
states have exclusive power, whereas List III, the Concurrent List enumerates
47 items on which both the Union Parliament and the State Legislature can
legislate. 

Administrative relations (Article 256-263)

In a federal country, the Central Government and the states each have their
own legislative and executive branches. According to Article 256, every State’s
executive authority shall be used in such a way as to assure conformity with
Parliament’s legislation and existing laws, and the Union’s executive power shall
extend to the issuance of required orders for that purpose.

Financial relations (Articles 264-289)

Every sovereign government possesses the power of taxing. No tax must be
levied or collected unless authorised by law, according to Article 265 of the
Constitution. Because law here refers to legislation enacted by the legislature,
the Article limits the executive power of the States of the Union. The Finance
Commission’s constitution, functions, and powers are all outlined in Article 280.
It states that the President shall, by order, establish a Finance Commission
within two years after the Constitution’s inception, and thereafter at the end of
every fifth year or sooner if he/she deems it essential.
Part XII : Finance, Property, Contracts, and Suits
(Articles 264 to 300A)
Article 295 governs the succession of Indian states’ properties, assets, rights,
liabilities, and duties. The executive power of the Union or states should be
competent for the following functions, according to Article 298:

1. to engage in any type of commerce or business,

2. to purchase, hold, or sell the property,
3. to enter into contracts for any purpose.
The Union of India and states can sue or be sued as legal entities, according
to Article 300.

Right to property (Article 300 A)

The Constitution (Forty-Fourth Amendment) Act of 1978 erased the right to
property as a Fundamental Right, although it remains a human right in a
welfare state and a constitutional right under Article 300 A of the Constitution.
Article 300 A states that no one’s property may be taken away from them
unless they have legal authorisation to do so.

Part XIII : Trade, Commerce and Intercourse within

the Territory of India (Articles 301 to 307)
Articles 301 to 307 of Part XIII of the Indian Constitution provide freedom of
trade, commerce, and intercourse. Article 301 establishes the broad principles
of trade and commerce, whereas Articles 302 to 305 enumerate the trade
prohibitions. These provisions have been inspired out of the  Australian
Constitution. Buying and selling products for profit is what trade entails. The
term “trade” is defined in Article 301 as “an real, organised, and structured
activity with a specific aim or objective.” While the transmission of movement
through the air, water, telephone, telegraph, or any other media is referred to
as commerce, the transfer of products from one location to another is referred
to as intercourse.
Part XIV : Services under the Union and the States
(Articles 308 to 323)
Articles 308 to 323 deal with matters relating to the Union’s and states’
services. Articles 308 to 313 deal with public servant recruitment, dismissal,
service conditions, and constitutional protection, whereas Articles 315 to 323
deal with Public Service Commissions for the Union and states.

Part XIVA : Tribunals (Articles  323A and 323B )

A tribunal is a quasi-judicial body established to address issues such as settling
administrative or tax-related disagreements. It has a variety of responsibilities,
including adjudicating disputes, deciding rights between disputing parties,
making administrative decisions, reviewing administrative decisions, and so
forth. Tribunals were not included in the original Constitution but were added by
the 42nd Amendment Act of 1976 to the Indian Constitution.

1. Administrative Tribunals are addressed under Article 323-A.

2. Other tribunals are dealt with in Article 323-B.

Part XV : Elections (Articles 324 to 329A)

Part XV (Articles 324 to 329) deals with election-related issues. The Election
Commission has broad powers under Article 324 (1) of the Constitution,
however, they cannot be utilised in contravention of the law or in violation of
existing legislation.

Part XVI : Special provisions relating to certain

classes (Articles 330 to 342)
Special provisions are included in Articles 330 to 342 to protect the interests of
Scheduled Castes, Scheduled Tribes, Anglo-Indians, and Backward
Classes. Articles 330 and 332, deal with the reservation of seats in the Lok
Sabha and State Assemblies respectively. Scheduled Castes and Scheduled
Tribes have seats reserved in the Lok Sabha under Article 330. The number of
seats designated for such castes and tribes in any State or Union territory shall
be determined by their total population. Similarly, Article 332 mandates that
seats in the legislative assembly of all states be reserved for Scheduled Castes
and Scheduled Tribes. Article 332 of the Constitution, which allows for the
reservation of seats for “STs” in Arunachal Pradesh, Meghalaya, Mizoram, and
Nagaland, was altered by the Constitution’s 58th Amendment Act of 1987.

Part XVII : Official Language (Articles 343 to 351)

Part XVII of the Indian Constitution (Articles 343 to 351) has detailed provisions
concerning the official language of the Republic of India. Articles 343 and 344 of
the Indian Constitution include the key regulations governing the Union’s official
language. The official languages of India are specified in the 8th Schedule of the
Constitution. The Constitution states that the President may, by order, permit
the use of Hindi in addition to English and the Devanagari form of numbers in
addition to the international form of Indian numerals for any of the Union’s
official purposes for the specified term. India’s official languages are Hindi and
English.

Part XVIII: Emergency Provisions (Articles 352 to

360)
In India, the Constitution’s emergency provisions allow the federal government
to acquire the strength of a unitary government if the circumstances require it.
According to the Indian Constitution, there are three types of emergencies:

1. National emergency,
2. State emergency,
3. Financial emergency.
The proclamation of emergency can be made on the following three general
grounds:

1. War,
2. External aggression,
3. Armed rebellion.

Part XIX: Miscellaneous (Articles 361 to 367)

Part XIX of the Indian Constitution consists of provisions on the following
aspects:

1. Protection of the President and governors.

2. Bar to interference by courts in disputes arising out of certain treaties,
agreements, etc.
3. Abolition of recognition of rulers of Indian states and privy purses.
4. Special provisions as to major ports and aerodromes.
5. Effect of failure to comply with or to give effect to directions given by
the Union.
6. Some definitions under Article 366.
7. Interpretation of the constitutional provisions. 

Part XX: Amendment to the Constitution ( Article

368)
The framers of the Indian Constitution envisioned a procedure that is neither
too stiff nor too flexible, for the purpose of amendments of the
Constitution. Article 368 deals specifically with amendments, but there are other
articles of the Constitution that allow for amendments through the regular
legislative procedure. Thus, provisions of the Indian Constitution may be
amended in the following ways:

1. By simple legislative process: Articles 4, 169, 239, 312, and the

Fifth and Sixth Schedules grant Parliament the right to amend the
Constitution by passing a law through the usual legislative procedure.
2. By special majority: The general procedure laid down in Article 368 is
that a Bill for amendment of the Constitution may be introduced in
either House of the Parliament, but it must be passed by a majority of
total membership and a 2/3rd majority of members present and voting
in each of the two Houses, and it must get the President’s consent.

Part XXI: Temporary, Transitional and Special

Provisions (Articles 369 to 392)
Part XXI of the Indian Constitution is a collection of legislation relating to the
country’s Constitution and the union of states that constitutes it. Articles on
Temporary, Transitional, and Special Provisions make up this section of the
Constitution. Articles 371 to 371-J of Part XXI’s purpose is to meet the
aspirations of the people of backward regions of the states, to protect the
cultural and economic interests of the tribal people of the states, to deal with
the disturbed law and order situation in some parts of the states, and to protect
the interests of the local people of the states.

Part XXII: Short title, commencement, authoritative

text in Hindi and repeals (Articles 393 to 395)
Part XXII is a collection of legislation consisting of articles regarding the short
title, date of commencement, authoritative text in Hindi, and repeals. 

Introduction OF SCHEDULE
Schedules are appended towards the end of an enactment to provide for
additional details and prescribe the forms for working out the policy underlying
the provisions. The object of schedules is to avoid encumbering the
sections/articles with matters of excessive details.

At the time of its commencement, the Indian Constitution contained 8

schedules. However, at present, there are 12 schedules in the Constitution of
India. 

Following is a list of schedules in the Indian Constitution and the articles they
are read with:

SCHEDULE WHAT IT CONTAINS CONCERNED ARTICLES

List of States and Union

First
territories and their Articles 1 and 2
Schedule
respective territories

Second Provisions relating to Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164

Schedule emoluments, allowances and
 privileges of President,
Governor of States, Judges
(5), 186 and 221
of Supreme Court and High
Court etc.

Third Forms of Oaths or

Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219
Schedule affirmations

Fourth Allocation of seats in the

Articles 4(1) and 80(2)
Schedule Council of States

Provisions as to
Fifth administration and control
Article 244(1)
Schedule of Scheduled Areas and
Scheduled Tribes

Provisions as to
administration and control
Sixth
of Tribal Areas in the States Article 244(2) and 275(1)
Schedule
of Assam, Meghalaya,
Tripura and Mizoram

The three lists namely

Union List, State List and
Seventh
Concurrent List dealing with Article 246
Schedule
subject-matter of
legislations

Eighth
Languages  Article 344(1) and 35
Schedule

Validation of certain acts

Ninth
and regulations i.e. list of Article 31B
Schedule 
Acts under Article 31B

Provisions as to
Tenth
disqualification on ground Article 102(2) and 191(2)
Schedule 
of defection

Eleventh Matters in respect of which Article 243G

Schedule schemes for economic
development and social
 justice are to be
implemented by Panchayats
i.e. powers and
responsibilities of
Panchayats

Matters in respect of which

Municipalities have been
endowed powers and
Twelfth authority to enable them to
Article 243W
Schedule function as institution of
self-government i.e. powers
and responsibility of
Municipalities 

First Schedule
Read with Articles 1 and 2 of the Constitution, the First Schedule of the
Constitution of India contains the names of the states and the union territories
and their respective territories. At present, there are 28 states and 8 union
territories in the Union of India.

Second Schedule
The Second Schedule contains provisions regarding the salaries and allowances
payable to the President, Governors of States, Speaker and Deputy Speaker of
Lok Sabha, Chairman and Deputy Chairman of Rajya Sabha and Judges of
Supreme Court and High Courts. It consists of following parts:

 Part A deals with provisions relating to the President and the Governors
of States
 Part C contains provisions as to the Speaker and the Deputy Speaker
of the House of People, Chairman and Deputy Chairman of the Council
of States, Speaker and Deputy Speaker of the Legislative Assembly
and the Chairman and Deputy Chairman of the Legislative Council of a
State.
 Part D contains provisions relating to the judges of the Supreme Court
and the High Court.
  Part E contains provisions as to the Comptroller and Auditor General of
India. 

Third Schedule
The Third Schedule provides for the forms of oaths or affirmations including

1. Form of oath of office for a union minister.

2. Form of oath of secrecy for a union minister.
3. Form of oath or affirmation to be made by a candidate for election to
parliament.
4. Form of oath or affirmation to be made by a member of parliament.
5. Form of oath or affirmation to be made by the judges of the Supreme
Court and the Comptroller and Auditor General of India.
6. Form of oath of office for a minister for a state.
7. Form of oath of secrecy for a minister for a state.
8. form of oath or affirmation to be made by a candidate for election to
the legislature of a state.
9. Form of oath or affirmation to be made by a member of a state
legislature.
10. Form of oath or affirmation to be made by the judges of the High
Court.

Fourth Schedule
The Fourth Schedule provides for the number of seats allocated to each state or
union territory in the Council of States. 

Fifth Schedule
Article 244(1) of the Constitution provides that the provisions of the Fifth
Schedule shall apply to the administration and control of the scheduled areas
and scheduled tribes in any State other than the States of Assam, Meghalaya,
Tripura and Mizoram. The Fifth Schedule contains the provisions relating to the
administration and control of scheduled areas and scheduled tribes. It is divided
into 4 parts:

 Part A: General
It provides that the executive power of a state extends to the scheduled areas
included therein. The Governor of each State having scheduled areas therein is
required to make a report to the President regarding the administration of such
areas. 

 Part B: Administration and Control of Scheduled areas and Scheduled

Tribes
It provides for the establishment of a Tribes Advisory Council in each state
having scheduled areas and on the direction of the President, in states having
scheduled tribes but not scheduled areas. It also provides for the laws
applicable to scheduled areas.

 Part C: Scheduled Areas

‘Scheduled Areas’ means those areas that are declared by the order of the
President to be Scheduled Areas. 

 Part D: Amendment of the Schedule

The Parliament is empowered to make additions, variations or to repeal any of
the provisions of this schedule by making a law in this regard. 

Sixth Schedule
The Sixth Schedule contains provisions as to the administration of tribal areas in
the States of Assam, Meghalaya, Tripura, and Mizoram. It provides for the
administration of tribal areas as autonomous districts and autonomous regions.
The tribal areas regulated/administered by the schedule are:

1. In the State Assam

 The North Cachar Hills District

 The Karbi Anglong District
 The Bodoland Territorial Area District

2. In the State of Meghalaya

 Khasi Hills District

 Jaintia Hills District
 The Garo Hills District

3. In the State of Tripura

  Tripura Tribal Areas District

4. In the State of Mizoram

 The Chakma District

 The Mara District
 The Lai District

Seventh Schedule
The Parliament and state legislatures have the power to make laws with respect
to any of the matters falling within their field of legislation under Article 246
read with Seventh Schedule of the Constitution. 

The Seventh Schedule contains three lists that provide for the fields of
legislation:

1. Union List: Union List enumerates the items/subjects with respect to

which the Parliament has the exclusive power to legislate. For example,
defence of India, naval, military, and air forces; atomic energy, foreign
affairs, war and peace, citizenship, extradition, etc. 
2. State List: State list enumerates the subjects with respect to which the
state legislature has the exclusive power to legislate. For example,
police, local government, public health and sanitation, intoxicating
liquors, agriculture, water, land, fisheries, gas and gas works, markets
and fairs, etc.
3. Concurrent List: Concurrent List is the third list and it enumerates the
subjects with respect to which both parliament and the state
legislature have the power to make laws. For example, criminal law
and procedure, transfer of property other than agricultural land,
contracts, trusts, actionable wrongs, civil procedure, evidence and
oaths, forests, etc. As the name suggests, both the Union Parliament
and the state legislatures are vested with concurrent powers of
legislation with regard to matters contained in the Concurrent List.

Eighth Schedule
The Eighth Schedule contains the list of recognised languages in India.
Originally, there were 14 languages in the schedule but presently it contains 22
languages namely:

1. Assamese
 2. Bengali
3. Bodo
4. Dogri
5. Gujarati
6. Hindi
7. Kannada
8. Kashmiri
9. Konkani
10. Maithili
11. Malayalam
12. Manipuri
13. Marathi
14. Nepali
15. Odia
16. Punjabi
17. Sanskrit
18. Santhali
19. Sindhi
20. Tamil
21. Telugu
22. Urdu

Ninth Schedule
Article 31B of the Constitution provides for ‘Validation of certain acts and
regulations specified in the Ninth Schedule. The Ninth Schedule was added to
the Constitution by the Constitution (First Amendment) Act, 1951. The object
behind adding the Ninth schedule was to protect certain acts and regulations
from being declared void on the ground that they violate the fundamental rights
provided under Part III of the Constitution. Thus, the Ninth Schedule contains a
list of enactments that are immune from being challenged in the court of law on
the ground that it violates the fundamental right of any citizen. Originally, there
were only 13 laws in the Ninth Schedule but at present, there are 284 laws
provided under the Ninth schedule. Some of the laws mentioned under the
Ninth Schedule are as follows:
  The Bihar Land Reforms Act, 1950
 The Bombay Tenancy and Agricultural Lands Act, 1948
 The Mysore Land Reforms Act, 1961 
 The Punjab Security of Land Tenures Act, 1953
 The Delhi Land Reforms Act, 1954
 The Industries (Development and Regulation) Act, 1951
 The Coking Coal Mines (Nationalisation) Act, 1972 
 The Kerala Agricultural Workers Act, 1974
 The West Bengal Land Reforms Tribunal Act, 1991 
In I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court has held that
where a legislation held to be violative of any of the fundamental rights is
subsequently incorporated in the Ninth Schedule after 24th April 1973, then
such a violation shall be open to challenge on the ground that it destroys the
basic structure under Article 21 read with Article 14, Article 19.

Tenth Schedule
The Tenth Schedule of the Constitution contains provisions as to disqualification
on the ground of defection. The Tenth Schedule was added by the Constitution
(Fifty-second Amendment) Act, 1985 to combat the evil of political defections
and is also called the ‘Anti-defection Law’. 

The Constitution lays down that a person shall be disqualified for being a
member of either House of Parliament or of either House of a State Legislature
if he is so disqualified under the Tenth Schedule.[Article 102(2) and Article
191(2)]

The Tenth Schedule contains the following provisions:

1. Disqualification of members of Parliament and State Legislature on the

ground of defection
2. Members of political parties
A member of a House belonging to any political party becomes disqualified for
being a member of the House:

1. If he voluntarily gives up his membership of such political party; or

2. If he votes or abstains from voting in such House contrary to any
direction issued by his political party without obtaining prior permission
 of such party and such act has not been condoned by the party within
15 days.
3. Independent members
An independent member of a House (who has been elected without being set up
as a candidate by any political party) becomes disqualified for being a member
of the House if he joins any political party after such election.

3. Nominated members
A nominated member of a House becomes disqualified for being a member of
the House if he joins any political party after the expiry of six months from the
date on which he takes his seat in the house.

2. Exceptions
The disqualification on the ground of defection does not apply in the following
two cases:

1. In case of merger of a political party with another political party, that is

to say:

 the member joins such other political party or the new party formed as
the result of a merger or 
 the member does not accept the merger and opts to function as a
separate group

2. In case a member, after being elected as the presiding officer of the

House, voluntarily gives up the membership of his party (and does not
rejoin that party as long as he holds that office) or rejoins it after he
ceases to hold that office. 
3. Deciding authority
Any question regarding disqualification arising out of defection is to be decided
by the presiding officer of the House. 

The presiding officer of a House is empowered to make rules to give effect to

the provisions of the Tenth Schedule.

In the case of Kihoto Hollohan v. Zachillhu & Others(1992), the Supreme Court

upheld the constitutional validity of the Tenth Schedule. It was also held by the
Court that the decision of the Speaker disqualifying a member on the ground of
defection is subject to judicial review.

Eleventh Schedule
Added in the Constitution by the Constitution (Seventy-third Amendment) Act,
1992, the Eleventh Schedule deals with the powers, authority, and
responsibilities of Panchayats. It contains 29 functional items of the panchayats,
some of which are mentioned below:

1. Agriculture
2. Land improvement, implementation of land reforms, land consolidation
and soil conservation
3. Minor irrigation, water management and watershed development
4. Animal husbandry, dairying and poultry
5. Fisheries
6. Non-conventional energy sources
7. Poverty alleviation programme
8. Education, including primary and secondary schools
9. Technical training and vocational education
10. Adult and non-formal education
11. Libraries
12. Cultural activities
13. Markets and fairs
14. Health and sanitation including hospitals, primary health centres
and dispensaries

Twelfth Schedule
The Twelfth Schedule deals with the powers, authorities, and responsibilities of
the municipalities. It was also added by the Constitution (Seventy-third
Amendment) Act, 1992. It contains 18 functional items of the municipalities
that are mentioned below:

1. Urban planning including town planning.

2. Regulation of land-use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management.
7. Fire services.
8. Urban forestry, protection of the environment and promotion of
ecological aspects.
9. Safeguarding the interests of weaker sections of society, including the
handicapped and mentally retarded.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens,
playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds and
electric crematoriums.
15. Cattle pounds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops
and public conveniences.
18. Regulation of slaughterhouses and tanneries.

IMPORTANT NOTES RELATED TO INDIAN POLITY