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The Indian Constitution
The Indian Constitution
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The Indian Constitution originally contained 395 Articles, 8 Schedules, and 22 Parts of
Indian Constitution. Later, three parts were added as modifications, namely 9A
Municipalities, 9B Cooperative societies, and 14A tribunals, bringing the total to 25. The
Indian Constitution now consists of 448 Articles, 25 Parts, and 12 Schedules.
What is a Preamble?
The constitution is all about the legal form of the document as well as the highest law of
India. It primarily discusses in detail the many people in positions of authority, as well as
the limitations on their power. The Indian constitution is the supreme form of Indian
legislation. It defines all essential rights, powers, procedures, and principles, as well as
the duties of the government and citizens. Its primary emphasis is on the supremacy of
the constitution rather than the supremacy of the legislature. Check the Parts of the
Indian Constitution Overview below in the table:
The Indian Constitution is a written document that includes the supreme legislation of
the land. The Constituent Assembly, which included Dr. B.R. Ambedkar, Rajendra Prasad,
Jawaharlal Nehru, and others, created the constitution. It was formally adopted on
January 26, 1950. The constitution is divided into sections that split the agenda into
particular items. The Indian Constitution is divided into 25 parts, learn more about the
Parts of the Indian Constitution listed below:
5 Indian Constitution
All the 25 Parts of the Indian Constitution have been discussed here in detail. Check for
a better understanding of the Parts of the Indian Constitution below:
Part II : Citizenship
• Several Fundamental Rights are guaranteed under Part III of the Indian
Constitution (Articles 12 to 35), as well as remedies if they are violated.
• The main justification for adding these rights to a democratic constitution is that
people occasionally need to be protected from collective action by others who
might not fully comprehend their desires and positions.
• The US Bill of Rights clauses have been heavily referenced and impacted by the
fundamental rights guaranteed by the Indian Constitution.
• The Directive Principles of State Policy (DPSP) are incorporated into Articles 36
to 51 of the Indian Constitution, however, Article 37 declares that these DPSP
are not subject to legal action in a court of law.
• Due to the inherent inability of these principles to be upheld through legal
channels and the potential inadequacy of the nation’s economic resources, they
were declared non-justiciable in court.
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Union has been covered under Articles 52 to 151. It can be divided into the following:
• Panchayats, which are covered by the 73rd Amendment to the Constitution, are
designed to enhance local self-government at the village, town, and city levels
while also enabling collaboration between rural and urban areas.
Article 244 specifies that except in Assam, Meghalaya, Tripura, and Mizoram, the Fifth
Schedule applies to the administration and control of Scheduled Areas and Scheduled
Tribes in all states, while the Sixth Schedule applies to the administration and control
of Tribal Areas in those states.
Relations between the Union and the States are covered under Articles 245 – 289. The
relationship between the Union and the states can be understood under three broad
heads which are provided here.
The transfer of the properties, assets, rights, liabilities, and obligations of the Indian
states is governed under Article 295. According to Article 298, the following duties
should be within the purview of the executive power of the Union or States:
Part XIII: Trade, Commerce, and Intercourse within the Territory of India
• The Indian Constitution’s Part XIII, Articles 301 to 307, guarantees freedom of
trade, commerce, and sexual activity.
• While Articles 302 to 305 list the trade prohibitions, Article 301 specifies the
general principles of trade and commerce.
• The Australian Constitution served as a model for these provisions.
• Articles 308 through 323 cover topics about the services provided by the Union
and the states.
• While Articles 315 to 323 deal with Public Service Commissions for the Union and
states, Articles 308 to 313 deal with the hiring, firing, working conditions, and
constitutional protection of public employees.
Its duties range from adjudicating disputes to determining the rights of conflicting
parties to making administrative judgments and evaluating administrative decisions,
among other things.
The 42nd Amendment Act of 1976 to the Indian Constitution established tribunals, which
were not included in the original Constitution.
The topics covered in Part XV (Articles 324 to 329) relate to elections. According to
Article 324 (1) of the Constitution, the Election Commission has extensive authority,
however, these powers cannot be used in ways that go against the law or current
regulations.
• Special provisions about specific classes are covered in Part XVI. Articles 330 to
342 provide special safeguards to safeguard the rights of Anglo-Indians,
Backward Classes, Scheduled Castes, and Scheduled Tribes.
• The reservation of seats in the Lok Sabha and State Assemblies are covered in
Articles 330 and 332, respectively.
• According to Article 330, seats in the Lok Sabha are reserved for members of
Scheduled Castes and Scheduled Tribes.
• The entire population of such castes and tribes shall determine the number of
seats allotted for them in any State or Union territory.
• The Republic of India’s official language is outlined in Part XVII of the Indian
Constitution (Articles 343 to 351).
• The primary guidelines for determining the official language of the Union are
contained in Articles 343 and 344 of the Indian Constitution.
• The Constitution’s 8th Schedule lists the official languages of India.
The Emergency Provision in India is covered in Part XVIII of the constitution. In India,
the federal government is given the power to become a unitary government if the
situation calls for it thanks to the Constitution’s emergency provisions. The Indian
Constitution recognizes three different categories of emergencies:
• National Emergency
• President Rule
• Financial Emergency
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Part XIX of the Indian Constitution contains provisions concerning the following topics:
• Part XXI of the Indian Constitution contains legislation about the country’s
Constitution and the union of states that comprise it.
• This section of the Constitution is made up of articles on Temporary, Transitional,
and Special Provisions.
• The purpose of Articles 371 to 371-J of Part XXI is to meet the aspirations of
the people of backward regions of the states, to protect the tribal people’s
cultural and economic interests, 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 is a compilation of laws that includes articles on the short title, beginning
date, authoritative text in Hindi, and repeals.
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Appendices
In the Constitution of India, "appendices" refer to additional or supplementary
materials attached to the main body of the Constitution. These appendices provide
important details, explanations, or specific provisions that complement the main text of
the Constitution.
Amendments:
The Amendment of the Constitution refers to the process of making changes such as
with the procedure laid down for the purpose. The purpose of Constitutional
adapting to changing circumstances while upholding its fundamental principles and values.
List of Amendments
1st 15, 19, 85, 87, 174, 18 June 1951 Added special provision for the
176, 341, 342, 372 advancement of any socially and
and 376. educationally backward classes or for
Insert articles 31A the Scheduled Castes and Scheduled
and 31B. Tribes (SCs and STs). To fully secure
Insert schedule 9. the constitutional validity of zamindari
abolition laws and to place reasonable
restriction on freedom of speech. A new
constitutional device, called Schedule 9
introduced to protect against laws that
are contrary to the Constitutionally
guaranteed fundamental rights. These
laws encroach upon property rights,
freedom of speech and equality before
law.
2nd Amend article 1 May 1953 Removed the upper population limit for a
81(1)(b). parliamentary constituency by amending
Article 81(1)(b).
4th Amend articles 31, 27 April 1955 Restrictions on property rights and
31A, and 305. inclusion of related bills in Schedule 9
Amend schedule 9. of the constitution.
6th Amend articles 11 September Amend the Union List and State
269 and 286. 1956 List with respect to raising of taxes.
Amend schedule 7.
8th Amend article 334. 5 January 1960 Extended the period of reservation of
seats for the Scheduled Castes and
Scheduled Tribes and Anglo-Indians in
the Lok Sabha and the State Legislative
Assemblies till 1970.
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10th Amend article 240. 11 August 1961 Incorporation of Dadra and Nagar
Amend schedule 1. Haveli as a Union Territory, consequent
to acquisition from Portugal.
12th Amend article 240. 20 December Incorporation of Goa, Daman and Diu as
Amend schedule 1. 1961 a Union Territory, consequent to
acquisition from Portugal.
13th Amend article 170. 1 December Special protection under Article 371A
Insert new article 1962 for newly create State of Nagaland.
371A.
16th Amend articles 19, 5 October 1963 Make it obligatory for seekers of public
84 and 173. office to swear their allegiance to the
Amend schedule 3. Indian Republic and prescribe the
various obligatory templates.
17th Amend article 31A. 20 June 1964 To secure the constitutional validity of
Amend schedule 9. acquisition of Estates and place land
acquisition laws in Schedule 9 of the
constitution.
19th Amend article 324. 11 December Abolish Election Tribunals and enable
1966 trial of election petitions by regular
High Courts.
91st Amend articles 75 1 January 2004 Restrict the size of council of ministers
and 164. to 15% of legislative members & to
Insert article strengthen Anti Defection laws.
361B.
Amend schedule
10.
92nd Amend schedule 8. 7 January 2003 Include Bodo, Dogri, Santali and Mathili
as official languages.
93rd Amend article 15. 20 January To enable provision of reservation (27%)
2006 for Other Backward Class(OBCs) in
government as well as private
educational institutions.
94th Amend article 164. 12 June 2006 To provide for a Minister of Tribal
Welfare in newly created Jharkhand
and Chhattisgarh States including
Madhya Pradesh and Odisha.
95th Amend article 334. 25 January To extend reservation for SCs and STs
2010 and nomination of Anglo Indian members
in Parliament and State Assemblies for
another ten years i.e. up to 2020.
96th Amend schedule 8. 23 September Substituted "Odia" in the place of
2011 "Oriya".
97th Amend Art 19 and 12 January 2012 Added the words "or co-operative
added Art 43B and societies" after the word "or unions" in
Part IXB. Article 19(l)(c) and insertion of article
43B i.e., Promotion of Co-operative
Societies and added Part-IXB i.e., The
Co-operative Societies. In July 2021
Supreme Court Struck Part of the
amendment as it was not ratified by the
states.
The amendment objective is to
encourage economic activities of
cooperatives which in turn help progress
of rural India. It is expected to not only
ensure autonomous and democratic
functioning of cooperatives, but also the
accountability of the management to the
members and other stakeholders.
98th To insert Article 1 January 2013 To empower the Governor of Karnataka
371J in the to take steps to develop the
Constitution Hyderabad-Karnataka Region.[108]
99th Insertion of new 13 April Formation of a National Judicial
articles 124A, 2015[110] Struck Appointments Commission. 16 State
124B and 124C. down on 16 assemblies out of 29 States
Amendments to October 2015 including Goa, Rajasthan, Tripura, Gujar
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