Important Articles of the Indian Constitution, Parts, Schedules

Article 1 ——> Article 151

Part I: Union and Its Territory (Articles 1–4)

• Article 1: Declares India (the Union of States) and defines its territory.

• Article 2: Empowers Parliament to admit new States or form new ones.

• Article 3: Allows Parliament to create new states or alter the boundaries/ names of existing states.

• Article 4: Requires that any law under Articles 2 or 3 must include necessary provisions (e.g. amending the First and Fourth Schedules).

Part II: Citizenship (Articles 5–11)

• Article 5: Defines who is a citizen of India at the commencement (26 Jan 1950).

• Article 6: Grants citizenship rights to persons who migrated to India from Pakistan.

• Article 7: Grants citizenship to certain persons who migrated to Pakistan but later returned to India.

• Article 8: Grants citizenship to persons of Indian origin residing outside India.

• Article 9: States that anyone who voluntarily acquires foreign citizenship ceases to be an Indian citizen.

• Article 10: Declares that previous rights of citizenship remain valid unless Parliament provides otherwise.

• Article 11: Empowers Parliament to regulate citizenship by law (Citizenship Act).

Part III: Fundamental Rights (Articles 12–35)

Fundamental Rights (FRs) guarantee individual liberties. Key articles include (with constitution-writ significance):

• Article 12: Defines “State” for FR purposes (includes government, Parliament, local bodies).

• Article 13: Declares that any law inconsistent with FRs is void.

• Article 14: Right to Equality – ensures equality before law and equal protection by law.

• Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

• Article 16: Guarantees equality of opportunity in public employment.

• Article 17: Abolishes “untouchability” and forbids its practice.

• Article 18: Abolishes titles (except military or academic distinctions).

• Article 19: Right to Freedom – six freedoms (speech/ expression, assembly, association, movement, residence, profession). Reasonable restrictions (security, decency, etc.) may be imposed.

• Article 20: Protection in criminal law – no retroactive laws (ex-post-facto), no double jeopardy, and no compulsion to self-incriminate.

• Article 21: Right to Life and Personal Liberty – life and personal liberty cannot be deprived except by “procedure established by law”. This has been expansively interpreted (privacy, dignity, environment, etc.).

• Article 21A: Right to Education – makes free, compulsory education a fundamental right for children aged 6–14.

• Article 22: Rights against arbitrary arrest and detention – including right to be informed of grounds, legal counsel, and speedy trial.

• Article 23: Right against Exploitation – prohibits human trafficking and forced labor.

• Article 24: Prohibits employment of children below 14 years in factories, mines, or hazardous work.

• Article 25: Freedom of Religion – freedom of conscience and to profess, practice, and propagate religion.

• Article 26: Freedom to manage religious affairs of one’s own group.

• Article 27: Freedom as to payment of taxes for promotion of any particular religion (no taxation for religious purposes).

• Article 28: Freedom from religious instruction in state-funded educational institutions.

• Article 29: Cultural and Educational Rights – protects interests of minorities, enabling them to conserve their culture.

• Article 30: Grants minorities (religious/ linguistic) the right to establish and administer educational institutions.

• Article 31: (Repealed) – formerly protection of property; now property is a legal right under Article 300A.

• Article 31A – 31C: Savings provisions related to certain laws (e.g., land reform laws were protected) – now mostly obsolete (some clauses were repealed or limited by amendments and Supreme Court).

• Article 32: Right to Constitutional Remedies – citizens can directly approach the Supreme Court for enforcement of FRs (via writs: habeas corpus, mandamus, etc.). This was called the “heart and soul of the Constitution.”

• Article 33: Parliament may restrict FRs for armed forces or services {e.g., disciplinary laws}.

• Article 34: Restrictions on FRs during martial law in any area.

• Article 35: Empowers Parliament to enact laws to give effect to Part III provisions.

Note: Fundamental Rights are exam favourites. Articles 14, 19(1)(a), 21, and 32 are frequently tested. Questions often probe reasonable restrictions on freedom (Art.19), the scope of life and liberty (Art.21), untouchability (Art.17), and writ jurisdiction (Art.32).

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

Directive Principles (DPSPs) are socio-economic guidelines for the State (non-justiciable). Key DPSPs include:

• Article 36–37: Define DPSPs; declare them fundamental in governance, but unenforceable by courts.

• Article 38: State to secure a social order for welfare and minimize inequalities.

• Article 39: State to direct policy toward adequate livelihood for citizens, equitable distribution of wealth, and protecting children and women.

• Article 39A: Equal justice and free legal aid for all citizens.

• Article 40: Organisation of village Panchayats (paves way for 73rd Amendment).

• Article 41: Right to work, education and public assistance.

• Article 42: Provision for just working conditions and maternity relief.

• Article 43: Living wage and decent standard of life for workers.

• Article 43A: Participation of workers in management (added by 42nd Amend, now valid).

• Article 44: Uniform Civil Code (UCC) for all citizens (popular UPSC topic under secularism).

• Article 45: Early childhood care and education for children below 6 (after Right to Education Act, focus shifted to pre-6 education).

• Article 46: Promote educational and economic interests of SC/ST and other weaker sections; protect them from social injustice.

• Article 47: Duty of State to raise nutrition levels and standard of living; improve public health (justifies welfare programs).

• Article 48: Organise agriculture and animal husbandry on modern lines.

• Article 48A: Protect and improve the environment, forests and wildlife (added by 42nd Amendment).

• Article 49: Protect monuments and national heritage.

• Article 50: Separation of Judiciary from the Executive (important for rule of law).

• Article 51: Promote international peace and security; respect international law and treaty obligations.

DPSPs often arise in Mains questions (e.g., their role vis-à-vis FRs) and in essays on governance. For example, Article 44 (UCC) is in news for societal debates, and Article 40/243 shows up in questions on panchayati raj.

Part IVA: Fundamental Duties (Article 51A)

• Article 51A: Lists 11 Fundamental Duties of citizens (added by 42nd & 86th Amendments). These include respecting the Constitution, national flag and anthem; cherishing the freedom struggle; upholding sovereignty; promoting harmony and scientific temper; safeguarding public property; and providing opportunities for education to children. (Fundamental Duties are non-justiciable but add moral obligations. UPSC may ask to cite duties in essay or ethics answers.)

Part V: The Union (Articles 52–151)

This Part deals with the Union Executive and Legislature. Key provisions include:

• Articles 52–61: President of India – election, term, powers (e.g. Article 53 vests executive power in the President).

• Articles 62–66: Vice-President of India – election and term (VP is ex-officio Chairman of Rajya Sabha).

• Articles 74–78: Council of Ministers (headed by PM) – to aid and advise the President; Attorney-General of India.

  • Article 74: Council of Ministers to aid and advise the President

  • Article 75: Other provisions as to Ministers.

  • Article 76: Attorney-General of India (AGI)

  • Article 78: Duties of the Prime Minister as respect to the furnishing of information to the President, etc.

• Articles 79–122: Parliament – its composition (President + two Houses), powers, sessions, procedures. Notable articles:

  • Article 110: Definition of “Money Bill,” which can only be introduced in Lok Sabha.

  • Article 112: Union Budget (Annual Financial Statement).

  • Article 123: Ordinance-making power of the President.

  • Article 368: (Part XX) Amendment procedure – Parliament can amend the Constitution (subject to basic structure).

• Article 72: President’s clemency powers (pardon, commutation, etc.). (Compare Article 161 for Governors.)

• Article 105–115: Privileges of MPs, legislative procedure (passage of bills, joint sittings).

• Articles 124–147: Supreme Court – establishment, composition, appointment of judges, powers.

Supreme Court (Articles 124 to 147)

The Indian Constitution establishes an integrated judicial system with the Supreme Court at the top, supported by high courts and subordinate courts. Articles 124 to 147 outline its organization, jurisdiction, and powers, making it the apex authority for enforcing central and state laws uniformly.

In summary, Part V establishes the Union Executive (President, PM, Council of Ministers, Attorney-General) and the legislative branch (Parliament). 

Part VI: The States (Articles 152–237)

This Part outlines State governments, mirroring Part V at the state level:

• Article 152: Defines “State”.

• Article 153: Governor of a State (nominal head).

• Article 154: Executive power of State vests in Governor.

• Article 161: Governor’s pardoning powers (like Article 72 at Union).

• Article 162: Extent of State executive power.

• Article 163–167: Council of Ministers in State (led by CM) and Advocate-General.

• Article 168–212: State Legislature – composition, powers, and procedures. Key ones:

  • Article 168–169: Constitution of state legislature; creation/abolition of Legislative Council.

  • Article 170–172: Composition of Assembly/Council and tenure.

  • Article 176–177: Speaker, Deputy Speaker, and their powers.

  • Article 200: Governor’s assent to state bills (three options: assent, withhold, or reserve for President).

  • Article 212: State courts cannot question proceedings of the State Legislature.

• Article 213: Power of Governor to promulgate ordinances.

High Court (Article 214 to 231)

The Indian Constitution, under Articles 214 to 231, establishes a unified judicial system with high courts positioned below the Supreme Court but above the subordinate courts. High courts play a pivotal role in the judicial administration of states and union territories, with their jurisdiction being either exclusive to a state or shared across multiple states or union territories.

Part VII (repealed), Part VIII: Union Territories (Articles 239–241)

• Part VIII (239-241): Deals with administration of Union Territories. Article 239 empowers the President to make regulations for certain UTs; some UTs have Lieutenant Governors or Administrators by law. (No separate State Legislature or Government in most UTs.)

Part IX–IXB: Local Governments (Articles 243–243ZT)

Introduced by the 73rd and 74th Amendments (1992) to implement Article 40 (panchayats) and 43A:

• Part IX (243–243O): Panchayati Raj Institutions – defines Gram Sabha, Panchayats, their elections, powers, etc. (Articles like 243A to 243O cover structure, reservation, fiscal powers).

• Part IXA (243P–243ZG): Municipalities – structure of urban local bodies, election procedure, powers, etc.

• Part IXB (243ZH–243ZT): Cooperative Societies – constitutional status for cooperatives.

(For brevity, these Parts grant constitutional status to decentralized governance. Key Articles: 243A (definitions), 243B (three-tier Panchayat system), 243G–243W (powers of PRIs and Municipalities).)

Part X: Scheduled and Tribal Areas (Articles 244–244A)

• Article 244: Administration of Scheduled Areas (North East etc.) and tribal areas by Governors (with Fifth/Sixth Schedule).

• Article 244A: Special provision for Maharashtra and Gujarat tribal areas (constitutional District Councils).

Part XI: Relations Between Union and States (Articles 245–263)

• Article 245: Legislation: Parliament may legislate for whole or part of India; States for their territory.

• Article 246: Distribution of legislative powers (Union List, State List, Concurrent List in Seventh Schedule).

• Article 247–255: Legislative relations – e.g., [248-254 deal with union vs state laws on subjects in State List, etc.].

• Article 256–263: Administrative relations – e.g., states must carry out directives of Centre, failure can lead to President’s rule. (See Part XVIII.)
  (Articles 245–263 were partially listed in the parts table.)

Article 264----> Article 395

Part XII: Finance, Property, Contracts and Suits (Articles 264–300A)

• Covers Union and States’ finances. Key articles:

  • Article 264–291: Distribution of revenues (e.g. Art.268–281 deal with taxes like stamp duty, excise, grants).

  • Article 280: Finance Commission (every 5 years) for tax distribution between Centre and States.

  • Article 282: Residuary grants (expenditure not provided by law).

  • Article 300A: (Effective property clause) No person shall be deprived of property without authority of law (Right to Property removed as FR by 44th Amend, but protected here as a legal right).

Part XIII: Trade, Commerce and Intercourse within India (Articles 301–307)

• Ensures freedom of trade and commerce throughout India (Art.301), subject to state laws (Art.302–306).

• Article 304: States can impose restrictions on trade for public interest, with President’s consent.

Part XIV: Services Under the Union and the States (Articles 308–323)

• Lays down provisions for civil services. Key points:

  • Article 312: Parliament may create All-India Services (e.g. IAS, IPS).

  • Articles 320–321: Functions of Union and State Public Service Commissions.

  • Article 323: Administrative tribunals (originally Part XIV A) for service-related disputes.

Part XIV-A: Tribunals (Articles 323A–323B)

• The Indian Constitution, under Part XIVA (Articles 323A and 323B), provides for the establishment of tribunals to handle administrative and other specialized matters, ensuring speedy and efficient dispute resolution outside traditional courts.

• Article 323A: Administrative Tribunals

• Article 323B: Tribunals for other matters

Part XV: Elections (Articles 324–329A)

• Article 324: Establishes Election Commission of India (ECI) as the authority to supervise elections to Parliament, State Legislatures, and the offices of President and Vice-President.

• Article 325: No person is 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 the Legislative Assemblies of States to be based on adult suffrage.

• Article 327: Power of Parliament to make provisions to elections to Legislatures

• Article 328: Power of Legislature of a State to make provisions for elections to such Legislature.

• Article 329: Bar to interference by courts in electoral matters.

Part XVI: Special Provisions Relating to Certain Classes (Articles 330–342)

• Contains reservations and special provisions for:

  • Articles 330–334: Reservation of seats for SC/ST in Parliament and State Assemblies, and Anglo-Indian nomination (Anglo-Indian nomination by President/Governors was ended by 104th Amend, 2020).

  • Articles 335–342: Safeguards for SC/ST (employment, social welfare) and special provisions for certain states/areas (e.g. Art.371 onwards – unique provisions for Nagaland, Assam, Gujarat, Maharashtra, Andhra, Punjab, Sikkim, Mizoram, Arunachal Pradesh, Goa, J&K (370 – now defunct except status), etc.).

Part XVII: Official Language (Articles 343–351)

• Article 343: Official language of the Union is Hindi in Devanagari script; English to continue for official purposes for 15 years (extended by legislation).

• Articles 344–351: Language Commission, official use, regional languages recognition (Eighth Schedule 22 languages), and continuing use of English.

Part XVIII: Emergency Provisions (Articles 352–360)

• Article 352: National Emergency – President can proclaim on grounds of war, external aggression or armed rebellion (the term “armed rebellion” was substituted by the 44th Amendment). During a national emergency, most FRs can be suspended (except 20 and 21 after the 44th Amend).

• Article 356: State Emergency (President’s Rule) – if a state government cannot function per Constitution, the President can assume state powers (Rajya Sabha must approve within 2 months).

• Article 360: Financial Emergency – if India’s financial stability is threatened, Centre can direct state finances (this has never been invoked).

• (Articles 354–359 detail effects on finances and FRs during emergencies.)

These emergency articles are historically crucial (e.g. 1975-77 Emergency under Art.352) and often feature in questions on federalism.

Part XIX: Miscellaneous (Articles 361–367)

• Provides special protections:

  • Article 361: Protection of President and Governor from legal proceedings.

  • Articles 362–367: Transitional provisions during amendments (mostly obsolete now).

Part XX: Amendment of the Constitution (Article 368)

• Article 368: Procedure for constitutional amendment (special majority in Parliament, and in some cases ratification by states). Key because of the basic structure doctrine (SC held in Kesavananda Bharati v. State of Kerala that Parliament cannot alter the Constitution’s basic structure via Art.368).

Part XXI: Temporary, Transitional and Special Provisions (Articles 369–392)

• Contains temporary provisions:

  • Article 370: (Originally) special status of Jammu & Kashmir (now effectively abrogated in 2019; still part of text but inoperative).

  • Articles 371A–371J: Special provisions for some states (Nagaland, Assam, Gujarat etc.).

  • Other transitional provisions for reorganization of states and federal integration.

Part XXII: Short Title, Commencement and Repeals (Articles 393–395)

Article 393–395: Final provisions (short title of Constitution, commencement date, authoritative texts in Hindi, and repeal of Constitution Act 1949).