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Comprehensive notes on Parts of Constitution of India

Tags: UPSC Notes
Categories: Constitution of India

The Constitution of India, in its current form, is divided into 25 Parts (originally 22 Parts). Each Part deals with a specific subject or a group of related subjects concerning the governance and framework of the country. Understanding the Parts helps in navigating the extensive document and grasping its overall structure.

Part I: The Union and its Territory

  • Articles: 1 to 4
  • Subject Matter: Describes India as a Union of States, and deals with the territories of the states, admission or establishment of new states, formation of new states, and alteration of areas, boundaries, or names of existing states.
  • Key Highlights:
    • Article 1: India, that is Bharat, shall be a Union of States.
    • Article 2: Admission or establishment of new states (not forming part of existing Indian territory).
    • Article 3: Formation of new states and alteration of areas, boundaries, or names of existing states within India. Parliament can do this by a simple majority, but the bill requires prior recommendation of the President, who shall refer it to the concerned state legislature(s) for expressing views within a specified period (though these views are not binding on Parliament).
    • Article 4: Laws made under Articles 2 and 3 are not to be considered as amendments to the Constitution under Article 368.

Part II: Citizenship

  • Articles: 5 to 11
  • Subject Matter: Deals with citizenship at the commencement of the Constitution and also empowers Parliament to make laws regarding the acquisition and termination of citizenship.
  • Key Highlights:
    • Articles 5-9: Determine who were Indian citizens at the commencement of the Constitution (January 26, 1950).
    • Article 10: Continuance of the rights of citizenship.
    • Article 11: Empowers Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
    • Based on Article 11, Parliament enacted the Citizenship Act, 1955, which has been amended several times (e.g., 1986, 1992, 2003, 2005, 2015, and most recently the Citizenship Amendment Act, 2019 (CAA)).
    • India provides for single citizenship.

Part III: Fundamental Rights

  • Articles: 12 to 35
  • Subject Matter: Guarantees certain fundamental rights to citizens (and some to non-citizens as well), which are justiciable. These are limitations on state action.
  • Key Highlights:
    • Article 12: Definition of ‘State’ for the purpose of Fundamental Rights.
    • Article 13: Laws inconsistent with or in derogation of the fundamental rights shall be void. Judicial review.
    • Six categories of Fundamental Rights: 1. Right to Equality (Articles 14-18) 2. Right to Freedom (Articles 19-22) 3. Right against Exploitation (Articles 23-24) 4. Right to Freedom of Religion (Articles 25-28) 5. Cultural and Educational Rights (Articles 29-30) 6. Right to Constitutional Remedies (Article 32) - “Heart and Soul” of the Constitution (Dr. Ambedkar). Allows individuals to move the Supreme Court for enforcement of Fundamental Rights.
    • Article 21A: Right to Education (added by 86th Amendment Act, 2002).
    • Article 31 (Right to Property) was deleted from Part III by the 44th Amendment Act, 1978, and made a legal right under Article 300A in Part XII.
    • Articles 33, 34, 35: Deal with restrictions on Fundamental Rights for armed forces, during martial law, and legislation to give effect to provisions of this part.

Part IV: Directive Principles of State Policy (DPSP)

  • Articles: 36 to 51
  • Subject Matter: Contains ideals that the State should keep in mind while formulating policies and enacting laws. These are non-justiciable but fundamental in the governance of the country.
  • Key Highlights:
    • Article 36: Definition of ‘State’ (same as Article 12).
    • Article 37: Application of the principles contained in this Part – non-justiciable but fundamental.
    • Classification (broadly):
      • Socialist Principles (e.g., Art 38, 39, 39A, 41, 42, 43, 43A, 47)
      • Gandhian Principles (e.g., Art 40, 43, 43B, 46, 47, 48)
      • Liberal-Intellectual Principles (e.g., Art 44, 45, 48, 48A, 49, 50, 51)
    • Important Articles: Art 39A (Equal justice and free legal aid - added by 42nd Amendment), Art 40 (Organisation of village panchayats), Art 44 (Uniform Civil Code), Art 45 (Early childhood care and education - modified by 86th Amendment), Art 48A (Protection of environment - added by 42nd Amendment), Art 51 (Promotion of international peace and security).
    • Article 43B (Promotion of co-operative societies - added by 97th Amendment, 2011).

Part IVA: Fundamental Duties

  • Article: 51A
  • Subject Matter: Specifies the fundamental duties of citizens.
  • Key Highlights:
    • Added by the 42nd Constitutional Amendment Act, 1976, on the recommendations of the Swaran Singh Committee.
    • Originally 10 duties. The 11th duty (providing opportunities for education to his child or ward between the age of six and fourteen years) was added by the 86th Constitutional Amendment Act, 2002.
    • These are non-justiciable but serve as a reminder to citizens of their responsibilities.

Part V: The Union

  • Articles: 52 to 151
  • Subject Matter: Deals with the Union executive, Parliament, legislative powers of the President, the Union judiciary, and the Comptroller and Auditor-General of India.
  • Key Highlights (Chapters):
    • Chapter I – The Executive (Articles 52-78):
      • The President (Arts 52-62), Vice-President (Arts 63-73), Council of Ministers headed by Prime Minister (Arts 74-75), Attorney-General for India (Art 76), Conduct of Government Business (Arts 77-78).
    • Chapter II – Parliament (Articles 79-122):
      • Constitution of Parliament (Rajya Sabha & Lok Sabha) (Arts 79-88), Officers of Parliament (Arts 89-98), Conduct of Business (Arts 99-100), Disqualifications of Members (Arts 101-104), Powers, Privileges and Immunities of Parliament and its Members (Arts 105-106), Legislative Procedure (Arts 107-111), Procedure in Financial Matters (Budget - Art 112, Appropriation Bills - Art 114, etc.).
    • Chapter III – Legislative Powers of the President (Article 123):
      • Power of President to promulgate Ordinances during recess of Parliament.
    • Chapter IV – The Union Judiciary (Articles 124-147):
      • The Supreme Court of India – establishment, appointment of judges, jurisdiction (original, appellate, advisory - Art 143), powers, independence.
    • Chapter V – Comptroller and Auditor-General of India (Articles 148-151):
      • Appointment, duties, and powers of CAG.

Part VI: The States

  • Articles: 152 to 237
  • Subject Matter: Deals with the government in states: the state executive, state legislature, legislative powers of the Governor, the High Courts, and subordinate courts. (Note: Article 152 defines “State” for this Part, excluding J&K originally, but this context has changed after J&K Reorganisation Act, 2019. However, the general structure applies to states).
  • Key Highlights (Chapters):
    • Chapter I – General (Article 152): Definition.
    • Chapter II – The Executive (Articles 153-167):
      • The Governor (Arts 153-162), Council of Ministers headed by Chief Minister (Arts 163-164), Advocate-General for the State (Art 165), Conduct of Government Business (Arts 166-167).
    • Chapter III – The State Legislature (Articles 168-212):
      • Constitution of Legislatures in States (Legislative Assembly, Legislative Council - Art 168, 169), Officers, Conduct of Business, Disqualifications, Powers and Privileges, Legislative Procedure (including financial matters like State Budget - Art 202).
    • Chapter IV – Legislative Powers of the Governor (Article 213):
      • Power of Governor to promulgate Ordinances.
    • Chapter V – The High Courts in the States (Articles 214-232):
      • Constitution, appointment and conditions of office of judges, jurisdiction, powers.
    • Chapter VI – Subordinate Courts (Articles 233-237):
      • Appointment of district judges, control over subordinate courts.

Part VII: The States in Part B of the First Schedule

  • Article: 238
  • Subject Matter: Dealt with the administration of Part B states (former princely states).
  • Key Highlights:
    • Repealed by the 7th Constitutional Amendment Act, 1956, as a result of the reorganisation of states.

Part VIII: The Union Territories

  • Articles: 239 to 242
  • Subject Matter: Deals with the administration of Union Territories.
  • Key Highlights:
    • Article 239: Administration of Union Territories by the President through an Administrator (Lieutenant Governor or Chief Commissioner etc.).
    • Article 239A: Creation of local Legislatures or Council of Ministers or both for certain Union Territories (e.g., Puducherry).
    • Article 239AA: Special provisions with respect to Delhi (National Capital Territory), providing for a Legislative Assembly and Council of Ministers. (Significant for UPSC).
    • Article 239AB: Provision in case of failure of constitutional machinery in NCT of Delhi.
    • Article 240: Power of President to make regulations for certain Union Territories.
    • Article 241: High Courts for Union Territories.
    • Article 242 was repealed (related to Coorg).

Part IX: The Panchayats

  • Articles: 243 to 243-O
  • Subject Matter: Provisions relating to Panchayati Raj Institutions (rural local self-government).
  • Key Highlights:
    • Added by the 73rd Constitutional Amendment Act, 1992.
    • Provides for a three-tier system of Panchayats (village, intermediate, and district levels), Gram Sabha, constitution of Panchayats, reservation of seats (for SCs, STs, women), duration, disqualifications, powers and responsibilities (Eleventh Schedule lists 29 subjects), finances (State Finance Commission).
    • Article 243D: Reservation of seats.
    • Article 243G: Powers, authority and responsibilities of Panchayats.
    • Article 243I: Constitution of Finance Commission to review financial position.
    • Article 243K: Elections to the Panchayats (State Election Commission).

Part IXA: The Municipalities

  • Articles: 243-P to 243-ZG
  • Subject Matter: Provisions relating to Municipalities (urban local self-government).
  • Key Highlights:
    • Added by the 74th Constitutional Amendment Act, 1992.
    • Provides for types of Municipalities (Nagar Panchayat, Municipal Council, Municipal Corporation), constitution, reservation of seats, duration, powers and responsibilities (Twelfth Schedule lists 18 subjects), finances.
    • Article 243Q: Constitution of Municipalities.
    • Article 243T: Reservation of seats.
    • Article 243W: Powers, authority and responsibilities of Municipalities, etc.
    • Article 243Y: Finance Commission (same as for Panchayats).
    • Article 243ZA: Elections to the Municipalities (State Election Commission).
    • Article 243ZE: Committee for Metropolitan planning.

Part IXB: The Co-operative Societies

  • Articles: 243-ZH to 243-ZT
  • Subject Matter: Provisions relating to Co-operative Societies.
  • Key Highlights:
    • Added by the 97th Constitutional Amendment Act, 2011.
    • Aims to encourage economic activities of cooperatives which in turn help progress of rural India. It gives a constitutional status and protection to co-operative societies.
    • Deals with incorporation, number and term of members of board, election of members, audit, etc.
    • Note: Parts of this amendment regarding cooperative societies were struck down by the Supreme Court in July 2021 concerning state cooperative societies, holding that certain provisions ancroached upon the states’ exclusive power to legislate on cooperative societies (a state subject). However, the part concerning multi-state cooperative societies remains valid.

Part X: The Scheduled and Tribal Areas

  • Articles: 244 to 244A
  • Subject Matter: Deals with the administration of Scheduled Areas and Tribal Areas.
  • Key Highlights:
    • Article 244: Administration of Scheduled Areas and Tribal Areas (referencing Fifth and Sixth Schedules).
    • Article 244A: Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor (added by 22nd Amendment, 1969).

Part XI: Relations between the Union and the States

  • Articles: 245 to 263
  • Subject Matter: Defines the legislative and administrative relations between the Union and the States.
  • Key Highlights:
    • Chapter I – Legislative Relations (Articles 245-255):
      • Distribution of legislative powers (Territorial and Subject-matter - based on Seventh Schedule lists).
      • Article 245: Extent of laws made by Parliament and by the Legislatures of States.
      • Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States (Union List, State List, Concurrent List).
      • Article 248: Residuary powers of legislation (vested in Parliament).
      • Article 249: Power of Parliament to legislate with respect to a matter in the State List in the national interest.
      • Article 250: Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
      • Article 253: Legislation for giving effect to international agreements.
    • Chapter II – Administrative Relations (Articles 256-263):
      • Obligation of States and the Union (Art 256).
      • Control of the Union over States in certain cases (Art 257).
      • Power of the Union to confer powers, etc., on States in certain cases (Art 258).
      • All-India Services (Art 312, though detailed in Part XIV).
      • Article 262: Adjudication of disputes relating to waters of inter-State rivers or river valleys.
      • Article 263: Provisions with respect to an Inter-State Council.

Part XII: Finance, Property, Contracts and Suits

  • Articles: 264 to 300A
  • Subject Matter: Deals with financial matters, borrowing, property, contracts, rights, liabilities, obligations, and suits.
  • Key Highlights:
    • Chapter I – Finance (Articles 264-291):
      • Article 265: Taxes not to be imposed save by authority of law.
      • Article 266: Consolidated Funds and public accounts of India and of the States.
      • Article 267: Contingency Fund.
      • Distribution of Revenues between the Union and the States (Arts 268-281).
      • Article 275: Grants from the Union to certain States.
      • Article 280: Finance Commission (appointed by President every fifth year).
      • GST (Goods and Services Tax): The 101st Amendment Act, 2016, introduced GST and led to significant changes in this part, including articles like 246A (Special provision with respect to goods and services tax), 269A (Levy and collection of GST in course of inter-State trade or commerce), 279A (GST Council).
    • Chapter II – Borrowing (Articles 292-293):
      • Borrowing by the Government of India (Art 292) and by States (Art 293).
    • Chapter III – Property, Contracts, Rights, Liabilities, Obligations and Suits (Articles 294-300):
      • Article 299: Contracts.
      • Article 300: Suits and proceedings.
    • Chapter IV – Right to Property (Article 300A):
      • Article 300A: Persons not to be deprived of property save by authority of law. (Made a legal right after being removed from Fundamental Rights by 44th Amendment).

Part XIII: Trade, Commerce and Intercourse within the Territory of India

  • Articles: 301 to 307
  • Subject Matter: Deals with freedom of trade, commerce, and intercourse throughout the territory of India, and the power of Parliament and State Legislatures to impose restrictions.
  • Key Highlights:
    • Article 301: Freedom of trade, commerce and intercourse (subject to other provisions of this Part).
    • Article 302: Power of Parliament to impose restrictions in the public interest.
    • Article 304: Restrictions on trade, commerce and intercourse among States (State Legislatures can impose non-discriminatory taxes).

Part XIV: Services under the Union and the States

  • Articles: 308 to 323
  • Subject Matter: Deals with services under the Union and States, including recruitment, conditions of service, and Public Service Commissions.
  • Key Highlights:
    • Chapter I – Services (Articles 308-314):
      • Article 309: Recruitment and conditions of service of persons serving the Union or a State.
      • Article 310: Tenure of office of persons serving the Union or a State (doctrine of pleasure).
      • Article 311: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State (provides safeguards).
      • Article 312: All-India services.
    • Chapter II – Public Service Commissions (Articles 315-323):
      • Article 315: Public Service Commissions for the Union and for the States (UPSC, SPSC).
      • Appointment, removal of members, functions, reports.

Part XIVA: Tribunals

  • Articles: 323A to 323B
  • Subject Matter: Deals with administrative tribunals and tribunals for other matters.
  • Key Highlights:
    • Added by the 42nd Constitutional Amendment Act, 1976.
    • Article 323A: Administrative tribunals (for disputes relating to recruitment and conditions of service of public servants). e.g., Central Administrative Tribunal (CAT).
    • Article 323B: Tribunals for other matters (e.g., taxation, foreign exchange, industrial and labour disputes, land reforms, elections, etc.).
    • The Supreme Court in Chandra Kumar case (1997) held that judicial review is a basic feature and the decisions of tribunals are subject to scrutiny by High Courts (under Art 226/227) and the Supreme Court (under Art 32/136).

Part XV: Elections

  • Articles: 324 to 329A
  • Subject Matter: Deals with elections and the Election Commission of India.
  • Key Highlights:
    • Article 324: Superintendence, direction and control of elections to be vested in an Election Commission. (Composition, powers, independence of ECI).
    • Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
    • Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of universal adult suffrage. (Voting age reduced from 21 to 18 by 61st Amendment Act, 1988).
    • Article 329: Bar to interference by courts in electoral matters.
    • Article 329A was repealed by the 44th Amendment, 1978 (it related to special provisions as to elections to Parliament in the case of Prime Minister and Speaker).

Part XVI: Special Provisions relating to Certain Classes

  • Articles: 330 to 342A
  • Subject Matter: Contains special provisions for Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and Anglo-Indians.
  • Key Highlights:
    • Articles 330 & 332: Reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies.
    • Article 331 & 333: Representation of the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies by nomination. (This provision for nomination of Anglo-Indians was discontinued from January 2020 by the 104th Amendment Act, 2019, which did not extend the reservation).
    • Article 338: National Commission for Scheduled Castes (NCSC).
    • Article 338A: National Commission for Scheduled Tribes (NCST) (added by 89th Amendment, 2003).
    • Article 338B: National Commission for Backward Classes (NCBC) (given constitutional status by 102nd Amendment Act, 2018).
    • Article 340: Appointment of a Commission to investigate the conditions of backward classes.
    • Articles 341 & 342: Specification of Scheduled Castes and Scheduled Tribes by Presidential order.
    • Article 342A: Power of Parliament to specify socially and educationally backward classes (SEBCs) in the Central List for purposes of the Central Government. (Amended by 105th Amendment Act, 2021, to restore power of states to identify and specify SEBCs for their own purposes).

Part XVII: Official Language

  • Articles: 343 to 351
  • Subject Matter: Deals with the official language of the Union, regional languages, language of the judiciary and texts of laws.
  • Key Highlights:
    • Chapter I – Language of the Union (Articles 343-344):
      • Article 343: Official language of the Union (Hindi in Devanagari script, English to continue for 15 years initially, Parliament can provide for continued use).
      • Article 344: Commission and Committee of Parliament on official language.
    • Chapter II – Regional Languages (Articles 345-347):
      • States can adopt any one or more of the languages in use in the State or Hindi as their official language(s).
    • Chapter III – Language of the Supreme Court, High Courts, etc. (Articles 348-349):
      • Language to be used in Supreme Court and High Courts and for Acts, Bills, etc., shall be English until Parliament otherwise provides.
    • Chapter IV – Special Directives (Articles 350-351):
      • Article 350A: Facilities for instruction in mother-tongue at primary stage.
      • Article 350B: Special Officer for linguistic minorities.
      • Article 351: Directive for development of the Hindi language.

Part XVIII: Emergency Provisions

  • Articles: 352 to 360
  • Subject Matter: Deals with different types of emergencies.
  • Key Highlights:
    • Article 352: Proclamation of National Emergency (due to war, external aggression, or armed rebellion - “armed rebellion” substituted for “internal disturbance” by 44th Amendment).
    • Article 356: Provisions in case of failure of constitutional machinery in States (President’s Rule).
    • Article 360: Provisions as to Financial Emergency.
    • Impact on fundamental rights, Centre-State relations during emergencies.
    • The 44th Amendment Act, 1978, introduced several safeguards against the misuse of emergency powers.

Part XIX: Miscellaneous

  • Articles: 361 to 367
  • Subject Matter: Contains miscellaneous provisions that do not fit into other Parts.
  • Key Highlights:
    • Article 361: Protection of President and Governors and Rajpramukhs (immunity from criminal proceedings during term of office).
    • Article 361B: Disqualification for appointment on remunerative political post (added by 91st Amendment).
    • Article 363: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
    • Article 363A: Recognition granted to Rulers of Indian States to cease and privy purses to be abolished (26th Amendment).
    • Article 367: Interpretation (General Clauses Act, 1897, to apply for interpretation of the Constitution).

Part XX: Amendment of the Constitution

  • Article: 368
  • Subject Matter: Deals with the power of Parliament to amend the Constitution and the procedure therefor.
  • Key Highlights:
    • Specifies three ways to amend the Constitution: 1. By Simple Majority of Parliament (for provisions outside the scope of Art 368, e.g., Art 2, 3, 4, 169). 2. By Special Majority of Parliament (majority of total membership of each House and majority of not less than two-thirds of members present and voting in each House). 3. By Special Majority of Parliament and ratification by not less than half of the State Legislatures (for federal provisions).
    • The doctrine of “Basic Structure” (propounded in Kesavananda Bharati case, 1973) limits Parliament’s power to amend the Constitution; it cannot alter the basic features.

Part XXI: Temporary, Transitional and Special Provisions

  • Articles: 369 to 392
  • Subject Matter: Contains temporary provisions to deal with the transition from British rule, and special provisions for certain states.
  • Key Highlights:
    • Article 370: Temporary provisions with respect to the State of Jammu and Kashmir. (Significantly altered in 2019, rendering it largely inoperative, and its abrogation upheld by SC in Dec 2023).
    • Article 371: Special provision with respect to the States of Maharashtra and Gujarat.
    • Articles 371A to 371J: Special provisions for Nagaland (371A), Assam (371B), Manipur (371C), Andhra Pradesh or Telangana (371D, 371E), Sikkim (371f), Mizoram (371G), Arunachal Pradesh (371H), Goa (371I), Karnataka (371J - formerly Hyderabad-Karnataka region). These provisions aim to meet the aspirations of the people of backward regions or to protect the cultural and economic interests of the tribal people or to deal with the disturbed law and order condition in some parts of the state.

Part XXII: Short title, Commencement, Authoritative Text in Hindi and Repeals

  • Articles: 393 to 395
  • Subject Matter: Deals with the short title of the Constitution, its commencement, authoritative text in Hindi, and repeals of earlier enactments.
  • Key Highlights:
    • Article 393: Short title – “The Constitution of India”.
    • Article 394: Commencement of the Constitution (most provisions on Jan 26, 1950; some on Nov 26, 1949).
    • Article 394A: Authoritative text in the Hindi language (added by 58th Amendment, 1987).
    • Article 395: Repeals the Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act.