Constitution of India: Articles, Schedules, and Parts
Published on: 12 July, 2020
Constitution of India is the Largest Constitution in the World. This is the most important law which is used to run the whole country. It is often called as the Supreme Law of the Land. It took 2 Years, 11 months and 18 days to finally complete this entire document. The Constituent Assembly first met and began its work on 26 November 1946. That’s why we celebrate this day as Constitution Day.
This Constitution is implemented on 26 January 1950. That’s why this day is celebrated as Republic year every day. The architect of the Indian Constitution is Dr Bhimrao Ambedkar. He was the head of the Drafting Committee of the Indian Constitution.
The Constitution of India is giving various rights to citizens which they enjoy on a daily basis.
Read also: 11 Salient Features of Indian Constitution
Constitution of India and its sources
Different parts of our Constitution are taken from various countries. The maker of our Constitution took the structural part of the Constitution from the Government of India Act, 1935.
Following are the various sources of Indian Constitution:
1. United States of America: Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachment of President and Supreme Court Judges.
2. United Kingdom: Single Citizenship, Parliamentary system of Government, Rule of Law, Prerogative writs
3. Canada Constitution: Federal System of Government with more powers to Central Government, Appointment of Governors.
4. Australia Constitution: Concurrent List, Joint sitting of 2 houses of the Parliament, Freedom of Trade.
5. USSR: Fundamental duties, Social, Economic and Political Justice.
6. Ireland: Directive Principles of State Policy, Election of President.
7. Germany: Emergency provisions like Suspension of Fundamental Rights during an emergency.
8. France: Republic
9. South Africa: Amendment of Constitution and election of members of Rajya Sabha.
10. Japan: Procedure established by law.
2. United Kingdom: Single Citizenship, Parliamentary system of Government, Rule of Law, Prerogative writs
3. Canada Constitution: Federal System of Government with more powers to Central Government, Appointment of Governors.
4. Australia Constitution: Concurrent List, Joint sitting of 2 houses of the Parliament, Freedom of Trade.
5. USSR: Fundamental duties, Social, Economic and Political Justice.
6. Ireland: Directive Principles of State Policy, Election of President.
7. Germany: Emergency provisions like Suspension of Fundamental Rights during an emergency.
8. France: Republic
9. South Africa: Amendment of Constitution and election of members of Rajya Sabha.
10. Japan: Procedure established by law.
Constitution of India: Parts and Articles
The Indian Constitution is having 22 parts and more than 440 Articles today. Though, the original numbering of total articles is 395. It is done to keep the total article number to 395 which was the part of the original constitution when it was made.
Let’s understand each part and the total number of Articles it is having:
1. Part 1: The Union and its Territory
Article 1- 4
2. Part 2: Citizenship
Article 5-11
3. Part 3: Fundamental Rights
Article 12- 35
4. Part 4: Directive Principles of State Policy
Article 36- 51
4A. Part 4A: Fundamental Duties
Article 51A
5. Part 5: The Union
Chapter 1: The Executive
Article 52- 78
Chapter 2: Parliament
Article 79- 122
Chapter 3: Legislative Powers of the President
Article 123
Chapter 4: The Union Judiciary
Article 124- 147
Chapter 5: Comptroller and Auditor General of India
Article 148- 151
Article 1- 4
2. Part 2: Citizenship
Article 5-11
3. Part 3: Fundamental Rights
Article 12- 35
4. Part 4: Directive Principles of State Policy
Article 36- 51
4A. Part 4A: Fundamental Duties
Article 51A
5. Part 5: The Union
Chapter 1: The Executive
Article 52- 78
Chapter 2: Parliament
Article 79- 122
Chapter 3: Legislative Powers of the President
Article 123
Chapter 4: The Union Judiciary
Article 124- 147
Chapter 5: Comptroller and Auditor General of India
Article 148- 151
6. Part 6: The States
Chapter 1: General
Article 152
Chapter 2: The Executive
Article 153- 167
Chapter 3: The State Legislature
Article 168-212
Chapter 4: Legislative Power of the Governor
Article 213
Chapter 5: The High Courts in the States
Article 214 -232
Chapter 6: Subordinate Courts
Article 233- 237
7. Part 7: Repealed
Article 238 [Repealed]
8. Part 8: The Union Territories
Article 239-242
9. Part 9: The Panchayats
Article 243- 243O
9A. Part 9A: The Municipalities
Article 243P- 243ZG
9B. Part 9B: The Co-operative Societies
Article: 243ZH- 243ZT
10. Part 10: The Scheduled and Tribal Areas
Article: 244- 244A
Chapter 1: General
Article 152
Chapter 2: The Executive
Article 153- 167
Chapter 3: The State Legislature
Article 168-212
Chapter 4: Legislative Power of the Governor
Article 213
Chapter 5: The High Courts in the States
Article 214 -232
Chapter 6: Subordinate Courts
Article 233- 237
7. Part 7: Repealed
Article 238 [Repealed]
8. Part 8: The Union Territories
Article 239-242
9. Part 9: The Panchayats
Article 243- 243O
9A. Part 9A: The Municipalities
Article 243P- 243ZG
9B. Part 9B: The Co-operative Societies
Article: 243ZH- 243ZT
10. Part 10: The Scheduled and Tribal Areas
Article: 244- 244A
11. Part 11: Relations between the Union and The States
Chapter 1: Legislative Relations
Article 245- 255
Chapter 2: Administrative Relations
Article 256- 263
12. Part 12: Finance, Property, Contracts and Suits
Chapter 1: Finance
Article 264- 291
Chapter 2: Borrowing
Article 292- 293
Chapter 3: Property, Contracts, Rights, Liabilities, Obligations and Suits
Article 294-300
Chapter 4: Right to Property
Article -300A
13. Part 13: Trade, Commerce and Intercourse within the territory of India
Article 301-307
14. Part 14: Services under the Union and The States
Chapter 1: Service
Article 308- 314
Chapter 2: Public Service Commissions
Article 315- 323
14A. Part 14A: Tribunals
Article: 323A- 323B
15. Part 15: Elections
Article 324- 329A
Chapter 1: Legislative Relations
Article 245- 255
Chapter 2: Administrative Relations
Article 256- 263
12. Part 12: Finance, Property, Contracts and Suits
Chapter 1: Finance
Article 264- 291
Chapter 2: Borrowing
Article 292- 293
Chapter 3: Property, Contracts, Rights, Liabilities, Obligations and Suits
Article 294-300
Chapter 4: Right to Property
Article -300A
13. Part 13: Trade, Commerce and Intercourse within the territory of India
Article 301-307
14. Part 14: Services under the Union and The States
Chapter 1: Service
Article 308- 314
Chapter 2: Public Service Commissions
Article 315- 323
14A. Part 14A: Tribunals
Article: 323A- 323B
15. Part 15: Elections
Article 324- 329A
16. Part 16: Special Provisions relating to certain classes
Article 330-342A
17. Part 17: Official Language
Chapter 1: Language of the Union
Article 343-344
Chapter 2: Regional Languages
Article 345- 347
Chapter 3: Language of the Supreme Court, High Courts, ETC.
Article 348- 349
Chapter 4: Special Directives
Article 350- 351
18. Part 18: Emergency Provisions
Article 352- 360
19. Part 19: Miscellaneous
Article 361-367
20. Part 20: Amendment of the Constitution
Article 368
21. Part 21: Temporary, Transitional and Special Provisions
Article 369- 392
22. Part 22: Short Title, Commencement, Authoritative text in Hindi and Repeals
Article 393-395
Article 330-342A
17. Part 17: Official Language
Chapter 1: Language of the Union
Article 343-344
Chapter 2: Regional Languages
Article 345- 347
Chapter 3: Language of the Supreme Court, High Courts, ETC.
Article 348- 349
Chapter 4: Special Directives
Article 350- 351
18. Part 18: Emergency Provisions
Article 352- 360
19. Part 19: Miscellaneous
Article 361-367
20. Part 20: Amendment of the Constitution
Article 368
21. Part 21: Temporary, Transitional and Special Provisions
Article 369- 392
22. Part 22: Short Title, Commencement, Authoritative text in Hindi and Repeals
Article 393-395
Constitution of India: 12 Schedules
1. First Schedule: This Schedule is dealing with all the 28 States and 8 Union Territories.
2. Second Schedule: This schedule deals with the Salaries and allowances of the President, Vice President, Supreme Court Judges, High Court Judges and Speaker etc.
3. Third Schedule: This schedule talks about the various forms of the oath which various people need to take while taking any public office.
4. Fourth Schedule: This Schedule talks about the Seats which are allotted to various States and Union Territories in the Rajya Sabha.
5. Fifth Schedule: This schedule deals with the administration and control of the Scheduled Areas.
6. Sixth Schedule: This schedule deals with the administration of tribal areas in the states of Assam, Meghalaya and Mizoram.
2. Second Schedule: This schedule deals with the Salaries and allowances of the President, Vice President, Supreme Court Judges, High Court Judges and Speaker etc.
3. Third Schedule: This schedule talks about the various forms of the oath which various people need to take while taking any public office.
4. Fourth Schedule: This Schedule talks about the Seats which are allotted to various States and Union Territories in the Rajya Sabha.
5. Fifth Schedule: This schedule deals with the administration and control of the Scheduled Areas.
6. Sixth Schedule: This schedule deals with the administration of tribal areas in the states of Assam, Meghalaya and Mizoram.
7. Seventh Schedule: This schedule given the subjects which are incorporated by the 3 lists: 1. Union list, 2. State List, 3. Concurrent List.
8. Eighth Schedule: This schedule gives the list 22 regional languages which are recognized by this Constitution. 14 Languages were part of the original Constitution and the remaining 8 languages are added with amendments. The names of the 22 languages are Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Urdu, Sindhi, Konkani, Manipuri, Nepali, Bodo, Marathi, Santhali and Dogri.
9. Ninth Schedule: This schedule contains acts and legislations which are dealing with the abolition of the Zamindari system. This schedule is protected from judicial review. So over time, much legislation was added in it. Finally, the court gave the judgment that the Ninth Schedule is not against Judicial Review.
10. Tenth Schedule: This schedule provisions related to disqualification in the case of defection.
11. Eleventh Schedule: This schedule contains areas which are important for the economic growth of a nation and social justice in the Panchayats. This schedule was added by the 73rd Constitutional Amendment Act.
12. Twelfth Schedule: This schedule contains areas of economic growth and schemes related to it in the field of Municipality. This is added by the 74th Constitutional Amendment Act.
8. Eighth Schedule: This schedule gives the list 22 regional languages which are recognized by this Constitution. 14 Languages were part of the original Constitution and the remaining 8 languages are added with amendments. The names of the 22 languages are Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Urdu, Sindhi, Konkani, Manipuri, Nepali, Bodo, Marathi, Santhali and Dogri.
9. Ninth Schedule: This schedule contains acts and legislations which are dealing with the abolition of the Zamindari system. This schedule is protected from judicial review. So over time, much legislation was added in it. Finally, the court gave the judgment that the Ninth Schedule is not against Judicial Review.
10. Tenth Schedule: This schedule provisions related to disqualification in the case of defection.
11. Eleventh Schedule: This schedule contains areas which are important for the economic growth of a nation and social justice in the Panchayats. This schedule was added by the 73rd Constitutional Amendment Act.
12. Twelfth Schedule: This schedule contains areas of economic growth and schemes related to it in the field of Municipality. This is added by the 74th Constitutional Amendment Act.
Constitution of India and Fundamental Rights
The most important part of the Constitution is Part 3 – Fundamental Rights. This part is giving 6 Fundamental Rights which are given to each citizen and sometimes even to the foreigners who are living in India. Article 15, 16, 19, 29 and 30 are available for all the citizens of India.
Article 14, 20, 21, 21A, 23, 24 and 25-28 are given to everyone who is living in this country except to the citizens of enemy countries.
Article 14, 20, 21, 21A, 23, 24 and 25-28 are given to everyone who is living in this country except to the citizens of enemy countries.
The fundamental rights are enforceable against the state but right against untouchability (Article 17), right to personal liberty (Article 21), right against exploitation (Article 23 and 24) is also enforceable against the individuals.
Following are the 6 Fundamental rights which are given under our Constitution:
1. Right to Equality – Article 14-18
2. Right to Freedom – Article 19- 22
3. Right against Exploitation – Article 23-24
4. Right to Freedom of Religion – Article 25- 28
5. Right to Cultural and Educational Rights – Article 29-30
6. Right to Constitutional Remedies – Article 32
1. Right to Equality – Article 14-18
2. Right to Freedom – Article 19- 22
3. Right against Exploitation – Article 23-24
4. Right to Freedom of Religion – Article 25- 28
5. Right to Cultural and Educational Rights – Article 29-30
6. Right to Constitutional Remedies – Article 32
Constitution of India and Directive Principles
Directive Principles are some guidelines for the state while creating a policy for the Nation. These are given under part 4 of the Indian Constitution. They are adopted from the Constitution of Ireland. Ireland took it from the Spanish Constitution. They are an apolitical, social and economic programme for a modern Democratic State.
Directive principles act as ideals which must be followed while formulating certain policies by the Central Government and various State Governments. These goals help in maximizing the Social welfare of the people. The concept of India as a welfare State is strengthened by the Directive Principles of State Policy. These non-justiciable principles guide the government to create policies which will help in providing quality education, healthcare and employment to the people. These principles are so important that they are often referred to as the soul of the Constitution.
Constitution of India and Fundamental Duties
Fundamental Duties are a set of 11 duties which are added in Part 4A of the Indian Constitution. There are added in the Constitution by the 42nd Constitutional Amendment Act. These Fundamental Duties are given under Article 51A. Every Indian must follow these Fundamental duties.
The 11 Fundamental Duties are given under Part 4A of the Indian Constitution. There are under Article 51A. They say that it shall be the duty of every citizen of India –
1. To abide by the Constitution and respect its ideals and institutions, the national flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render national service when called upon to do so;
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite culture;
7. To protect and improve the natural environment including forests, lakes rivers and wildlife, and to have compassion for living creatures;
8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
11. Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
1. To abide by the Constitution and respect its ideals and institutions, the national flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render national service when called upon to do so;
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite culture;
7. To protect and improve the natural environment including forests, lakes rivers and wildlife, and to have compassion for living creatures;
8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
11. Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
Constitution of India and various Amendments
“An unamendable constitution is the worst tyranny of time or rather the very tyranny of time” – Mulford
Our Constitution makers understood the importance of allowing changes in the Constitution. That’s why they have given Article 368 in the Indian Constitution. A bill to amend the Constitution can be introduced in either house of the Parliament. This bill needs to be passed with a special majority to amend the matters which are dealing with article 368 of the Constitution.
All the amendment of the Indian Constitution is not supposed to use Article 368 to get passed in the assembly. Only those amendments need to use article 368 which are affecting the major portions of the Constitution.
There are 3 types of Procedure for amendment of the Constitution:
1. Amendment by Simple Majority: This is the first type of amendment. Under these amendments article, 368 are not invoked because they are not affecting the major parts of the Indian Constitution. These amendments can be passed by a simple majority of the members who are present and voting. These amendments with the simple majority can pass ordinary laws. Following are some of the parts of the Constitution which can be amended by Simple Majority:
2. Amendment by Special Majority: These are the amendments which need the special majority of the Parliament to be passed. They invoke article 368. There are 2 conditions which are to be satisfied with this amendment:
3. Amendment by Special Majority and need ratification of half of the states: This is the third type of Constitutional amendment. They affect the federal structure of the State. Just like the second type of constitutional amendment they also need to be passed by a special majority to be passed. In addition to the special majority, they also need ratification by half of the states after they are passed by the Parliament. They invoke article 368 of the Constitution.
Some of the examples of this amendment are given below:
1. Amendment by Simple Majority: This is the first type of amendment. Under these amendments article, 368 are not invoked because they are not affecting the major parts of the Indian Constitution. These amendments can be passed by a simple majority of the members who are present and voting. These amendments with the simple majority can pass ordinary laws. Following are some of the parts of the Constitution which can be amended by Simple Majority:
- Provisions relating to Citizenship.
- Provisions relating to appeal to the Supreme Court.
- Provisions relating to salary and allowances of the Judges of High court.
- Provisions relating to the salary and allowances of the ministers.
- Provisions relating to the number of Judges in the Supreme Court.
- Provisions relating to the creation of legislature in a Union Territory.
2. Amendment by Special Majority: These are the amendments which need the special majority of the Parliament to be passed. They invoke article 368. There are 2 conditions which are to be satisfied with this amendment:
- Majority of the total membership of the house and
- Majority of two-third members of the house present and voting.
3. Amendment by Special Majority and need ratification of half of the states: This is the third type of Constitutional amendment. They affect the federal structure of the State. Just like the second type of constitutional amendment they also need to be passed by a special majority to be passed. In addition to the special majority, they also need ratification by half of the states after they are passed by the Parliament. They invoke article 368 of the Constitution.
Some of the examples of this amendment are given below:
- Amendment affecting the legislative powers between the Centre and the State: Article 245- 255.
- Amendment of the executive powers of the Union and the States: Article 73 and 162.
- Amendment of Article 368 itself.
Important Constitution amendments
1. 100th Constitutional Amendment Act, 2015: This act allowed the operationalisation of 1974 India Bangladesh Land Boundary. This settled the dispute of land boundary between the border of India and Bangladesh. Now thousands of stateless citizens got citizenship of one of the countries.
2. 101st Constitutional Amendment Act, 2016: This is one of the most important constitutional amendments in India. Under this Goods and Services Act was implemented all over India. GST is an indirect tax collection which is creating a system of single tax to be collected on various goods and services. There are some exceptions under GST like Alcohol and Petroleum products.
2. 101st Constitutional Amendment Act, 2016: This is one of the most important constitutional amendments in India. Under this Goods and Services Act was implemented all over India. GST is an indirect tax collection which is creating a system of single tax to be collected on various goods and services. There are some exceptions under GST like Alcohol and Petroleum products.
