Constitution of India

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

Article 1: Name and territory of the Union.

Article 2: Admission or establishment of new States.

Article 3: Formation of new States and alteration of areas, boundaries, or names of

existing States.

Article 4: Laws made under Articles 2 and 3 to provide for the amendment of the First
and the Fourth Schedules and supplemental, incidental, and consequential matters. 

Part II : Citizenship (Articles 5 to 11)

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.

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. 

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.

Part III : Fundamental Rights (Articles 12 to 35)

Right to Equality (Articles 14 to 18).

Right to Freedom (Articles 19 to 22).

Right against Exploitation (Articles 23-24).

Right of Freedom of Religion (Articles 25 to 28).

Cultural and Educational Rights (Articles 29-30).

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. 

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.

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. 

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.

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:

Right to freedom of speech and expression (Clause 19(1)(a)).

Right to assemble peacefully and without arms (Clause 19(1)(b)).

Right to form associations or unions or cooperative societies (Clause 19(1)(c)).

Right to move freely throughout the territory of India (Clause 19(1)(d)).

Right to reside and settle in any part of the territory of India (Clause 19(1)(e)).

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.

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.

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.

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. 

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.

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)). 

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 Rightsin
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 81provides 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 245of 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 IIenumerates 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.Some definitions under Article 366.

6.Interpretation of the constitutional provisions. 

Part XX : Amendment to the Constitution ( Article 368)

7.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:

8.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.

9.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)

10.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.

1. Part XXII : Short title, commencement, authoritative text in Hindi and repeals

(Articles 393 to 395)

11.Part XXII is a collection of legislation consisting of articles regarding the short title,
date of commencement, authoritative text in Hindi, and repeals. 

12.Effect of failure to comply with or to give effect to directions given by the Union.

13.Some definitions under Article 366.

14.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.