Indian Constitution and Polity

Framing of the Constitution

The idea to have Constitution was given by M.N. Roy ( A pioneer of Communist Movement in India ). The present constitution was framed by the Constituent Assembly of India setup under Cabinet Mission Plan of May 16, 1946.

Composition of Constituent Assembly

  • The Constituent Assembly consisted of 389 members, of which 292 were elected by the elected members of the Provincial Legislative Assemblies while 93 members were nominated by the Princely States.
  • A representative from each of the four Chief Commissioners Provinces of Delhi, Ajmer-Marwaf, Coorg and British Baluchistan was also added.
  • Each Province and each Indian State or group of States were allotted the total number of seats proportional to their respective population roughly in die ratio of one to a million.
  • The seats in each province were distributed among the three main communities – Muslim, Sikh and General, in proportion to their respective populations.
  • Members of each community in the Provincial Legislative Assembly elected their own representatives by the method of proportional representation with single transferable vote.
  • The method of selection in the case of representatives of Indian States was to be determined by consultation.
  • But when the Muslim League decided to withdraw its members from the Constituent Assembly of India and with the creation of a separate Constituent Assembly for Pakistan on July 16, 1947, the membership of the Constituent Assembly of India was reduced to 299, out of which 229 represented the provinces and 70 were nominated by the Princely states.

Drafting Committee

Drafting Committee, which bore the responsibility of drafting the Constitutional document during the recess of the Constituent Assembly, from July 1947 to Sept 1948, was formed on Aug 29, 1947.

Members Of Drafting Committee

  1. Dr. B.R. Ambedkar – Chairman
  2. N. Gopalaswami Ayyangar
  3. Alladi Krishnaswami Ayyar ( a distinguished jurist )
  4. K.M. Munshi ( a distinguished jurist )
  5. Syyed Mohd. Saadulla
  6. N. Madhav Rao fin place of B.L. Mitra )
  7. D.P Khaitan ( T Krishnamachari, after Khaitan’s death in 1948 )

Functioning of the Constituent Assembly

  • B N Rao was appointed the constitutional advisor of the Assembly.
  • The first meeting of the Constituent Assembly took place on Dec 9, 1946 with Dr. Sachidanand Sinha as its interim President. Dr. Rajendra Prasad was elected as its President on Dec 11, 1946.
  • The Assembly had 13 committees for framing the constitution.

The important ones were :

Committee                                                                  Chairman

  • Union Power Committee                                           Jawaharlal Nehru
  • Fundamental Rights and Minority Committee       V.B Patel
  • Provincial Constitution Committee                          V.B Patel
  • Union Constitution Committee                                 Jawaharlal Nehru
  • Drafting Committee                                                    B.R Ambedkar
  • Flag Committee                                                           Jivatram Kripalani
  • Steering Committee                                                   K.M Munshi

All these Committees submitted their reports, which were widely discussed by the Constituent Assembly.



Preamble to the Constitution

It is a preface or the introduction to the Constitution. It is not an integral part of constitution. The interpretation of constitution is based on the spirit of Preamble.

The ‘Objective Resolution’, proposed by Pandit Nehru and passed by the Constituent Assembly, ultimately became the Preamble.

The Preamble States :

“We, the People of India, have solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all citizens: Justice social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation; in Our Constituent Assembly, this twenty – sixth day of November, 1949, do Hereby Adopt, Enact and Give to Ourselves this Constitution.”

  • The idea of preamble was borrowed from the constitution of USA. The words ‘Socialist’, ‘Secular’ And ‘Integrity’ were added by the 42nd Amendment in 1976.
  • Sovereign means free to follow internal and external policies. Socialist means no concentration of power and money. Secular means no particular religion.
  • Democratic means Elected representatives. Republic means no room for hereditary ruler or monarch. Preamble is not justiciable.

Indian Constitution: Important Facts

  • The Constituent Assembly was formed by the order of The Cabinet Mission in 1946.
  • Sachida Prasad Sinha was the temporary President of the Constituent Assembly.
  • Dr. Rajendra Prasad was the permanent President of the Constituent Assembly.
  • Dr. B.R. Ambedker was the chairman of the Drafting Committee.
  • B.N. Rao was the legal advisor of the Constituent Assembly.
  • The Constituent Assembly took 2 years 11 months and 18 days to prepare the largest written constitution in the World.
  • Rs. 64 lakhs were spent on the making of the Constitution.
  • The original Constitution consisted of 22 parts, 395 articles but at present ,it has 22 parts, 444 articles and 12 schedules.
  • It was adopted by the Government of India on the 26th of November, 1949.
  • It was enforced by the Government of India on the 26th of January, 1950.

Kinds of Bills

  1. Ordinary Bill – An ordinary bill can be introduced in either of the Houses and can be passed by a simple majority in both the Houses. In case of a deadlock, a joint sitting of both the houses is possible.
  2. Money Bill (Article 110) A money bill is concerned with taxation and government spending. It can be introduced only in the Lok Sabha after prior recommendation of the President. Speaker of the Lok Sabha is the deciding authority whether the introduced bill is a Money bill or not.
  3. Financial Bill – A bill which is related to revenue and expenditure of the government but is not a money bill is a financial bill.
  4. Constitutional Amendment Bill (Article 368) – This bill can be introduced in either of the Houses of the Parliament. It can be passed only by a special majority.

The Legislative and Elections in India

India is a constitutional democracy with a parliamentary system of government, and at the heart of the system is a commitment to hold regular, free and fair elections. The elections are the key parameters that determine the composition of the government, the membership to the two houses of parliament, the state and union territory legislative assemblies, and the presidency and vice presidency.

Parliament of India

The Indian parliament consists of two houses – the lower and the upper, namely, Lok Sabha and Rajya Sabha.

Lok Sabha, the house of people, consists of direct representatives elected through the electorate in the general elections. The size of Lok Sabha is 552 members out of which maximum of 530 are from the states, 20 from the union territories, and 2 members to represent the Anglo-Indian community appointed by the President of India. The Lok Sabha is the stronger of the two houses.

Rajya Sabha, Council of States, consists of members indirectly elected by the legislative assemblies of the states. The Rajya Sabha is designed to maintain federal character of the country with representation of the state in accordance with proportional representation by means of single transferable vote system. The population of the individual states determines the number of seats allocated for it in the council. The house consists of 250 members with 12 members nominated by the President with people having special knowledge or experience in literature, science, art, or social service.

The Election Commission of India

The Election Commission of India is an autonomous constitutional body created to conduct free and fair elections for the representative bodies in India. It was established on January 25, 1950.

The Constitution of India has vested in the Election Commission of India the superintendence, direction and control of the entire process for conducting elections for the Parliament and the Legislature of every State and for the offices of the President and the Vice-President of India. The law which governs all the elections in India as mentioned above is the Representation of People Act, 1950.

The commission presently consists of a Chief Election Commissioner and two Election Commissioners. Originally, however, the commission had just one Chief Commissioner. Two Commissioners were appointed for the first time on 16 October, 1989, but their tenure lasted only till 1 January 1990. On 1 October 1993, two additional Election Commissioners were appointed. The commission has followed the multi-member structure since then, with decisions taken by majority vote. The Election Commission has a Secretariat at New Delhi consisting of about 300 officials.

The Election Process

Elections in India are events involving political mobilization and organizational complexity on a large scale. With elections held in 28 states + 7 UTs covering an electorate of 670 million people (with over 389 million votes polled in the last 2004 14th Lok Sabha elections), it is one of the largest election process in the world almost twice that of the next largest, the European Parliament Elections.

The process involves publishing of electoral rolls of all individuals who are citizens of India. People above the age of 18 years are eligible to enroll as voters. Pre-election process consists of announcement of dates for filing nomination by the candidates, and also for the polling and counting of votes. The Election Commission of India is entrusted with the process of conducting elections in India, which also lays down guidelines for the conduct of individual candidates, parties, and their campaign processes.

Representation of States and UTs

State / UTs           Lok Sabha    Rajya Sabha

  1. Andhra Pradesh          25                     18
  2. Arunachal Pradesh     2                       1
  3. Assam                            14                     7
  4. Bihar                              40                     16
  5. Jharkhand                     14                     6
  6. Goa                                2                       1
  7. Gujarat                          26                     11
  8. Haryana                        10                     5
  9. Himachal Pradesh       4                       3
  10. Jammu & Kashmir       6                       4
  11. Karnataka                     28                     12
  12. Kerala                            20                     9
  13. Madhya Pradesh         29                     11
  14. Chattisgarh                   11                     5
  15. Maharashtra                48                     19
  16. Manipur                        2                       1
  17. Meghalaya                    2                       1
  18. Mizoram                       1                       1
  19. Nagaland                       1                       1
  20. Orissa                            21                     10
  21. Punjab                           13                     7
  22. Rajasthan                      25                     10
  23. Sikkim                            1                       1
  24. Tamil Nadu                   39                     18
  25. Tripura                          2                       1
  26. Uttar Pradesh              80                     31
  27. Uttaranchal                  5                       3
  28. West Bengal                 42                     16
  29. Talangana                 17                     –

UTs

  1. Andaman & Nicobar   1                       –
  2. Chandigarh                   1                       –
  3. Dadra & Nagar Haveli 1                       –
  4. Daman & Diu                1                       –
  5. Delhi                              7                       3
  6. Lakshadweep               1                       –
  7. Pondicherry                 1                       1


Parts and Articles of Indian Constitution

Articles

PART I THE UNION AND ITS TERRITORY
1.       Name and territory of the Union.

2.       Admission or establishment of new States.

3.       Formation of new States and alteration of areas, boundaries or names of existing  States.

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
5.       Citizenship at the commencement of the Constitution.

6.      Rights of citizenship of certain persons who have migrated to India from Pakistan.

7.       Rights of citizenship of certain migrants to Pakistan.

8.      Rights of citizenship of certain persons of Indian origin residing    outside India.

9.       Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

10.    Continuance of the rights of citizenship.

11.    Parliament to regulate the right of citizenship by law.

PART III FUNDAMENTAL RIGHTS
General

12.    Definition.

13.    Laws inconsistent with or in derogation of the fundamental rights.

Right to Equality

14.    Equality before law.

15.    Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

16.    Equality of opportunity in matters of public employment.

17.    Abolition of Untouchability.

18.    Abolition of titles.

Right to Freedom

19.    Protection of certain rights regarding freedom of speech, etc.

20.    Protection in respect of conviction for offences.

21.    Protection of life and personal liberty.

21A.  Right to education.

22.    Protection against arrest and detention in certain cases.

Right against Exploitation

23.    Prohibition of traffic in human beings and forced labour.

24.    Prohibition of employment of children in factories, etc.

Right to  Freedom of Religion

25.    Freedom of conscience and free profession, practice and propagation of religion.

26.    Freedom to manage religious affairs.

27.    Freedom as to payment of taxes for promotion of any particular religion.

28.    Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Cultural and Educational Rights

29.    Protection of interests of minorities.

30.    Right of minorities to establish and administer educational institutions.

31A.  Saving of Laws providing for acquisition of estates, etc.

31B.  Validation of certain Acts and Regulations.

31C.  Saving of laws giving effect to certain directive principles. Right to Constitutional Remedies

32.    Remedies for enforcement of rights conferred by this Part.

33.    Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

34.    Restriction on rights conferred by this Part while martial law is in force in any area.

35.    Legislation to give effect to the provisions of this Part.

PART IV  DIRECTIVE PRINCIPLES OF STATE POLICY
36.    Definition.

37.    Application of the principles contained in this Part.

38.    State to secure a social order for the promotion of welfare of the people.

39.    Certain principles of policy to be followed by the State.

39A.  Equal justice and free legal aid.

40.    Organisation of village panchayats.

41.     Right to work, to education and to public assistance in certain cases.

42.     Provision for just and humane conditions of work and maternity relief.

43.   Living wage, etc., for workers.

43A.  Participation of workers in management of industries.

44.     Uniform civil code for the citizens.

45.     Provision for early childhood care and education to children below the age of six years.

46.     Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

47.          Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

48.     Organisation of agriculture and animal husbandry.

48A.        Protection and improvement of environment and safeguarding of forests and wild life.

49.      Protection of monuments and places and objects of national importance.

50.     Separation of judiciary from executive.

51.     Promotion of international peace and security.

PART IV-A FUNDAMENTAL DUTIES
51A.   Fundamental duties.

Article (51-A) included in the Constitution in the 42nd Amendment, lays down 10 Fundamental Duties that citizens have towards the state. These are:

  • To abide by the Constitution and show respect to the National Flag and the National Anthem.
  • To follow the noble ideas of the freedom struggle.
  • To protect the sovereignty, unity, and integrity of India.
  • To defend one s country.
  • To promote common brotherhood and establish dignity of women.
  •  To preserve our heritage and culture.
  • To protect the natural environment.
  • To develop a scientific temper.
  • To safeguard public property.
  • To strive for excellence in all spheres of activity.

PART V THE UNION
CHAPTER I THE EXECUTIVE

The President and Vice-President

52.    The President of India.

53.    Executive power of the Union.

54.    Election of President.

55.    Manner of election of President.

56.    Term of office of President.

57.    Eligibility for re-election.

58.    Qualifications for election as President.

59.    Conditions of President’s office.

60.    Oath or affirmation by the President.

61.    Procedure for impeachment of the President.

62.    Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.

63.    The Vice-President of India.

64.    The Vice-President to be ex officio Chairman of the Council of States.

65.    The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.

66.    Election of Vice-President.

67.    Term of office of Vice-President.

68.    Time of holding election to fill vacancy in the office of Vice President and the term of office of person elected to fill casual vacancy.

69.    Oath or affirmation by the Vice-President.

70.    Discharge of President’s functions in other contingencies.

71.    Matters relating to, or connected with, the election of a President or Vice-President.

72.    Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

73.    Extent of executive power of the Union.

Council of Ministers

74.    Council of Ministers  to aid and advise President.

75.    Other provisions as to Ministers.

The Attorney-General for India

76.    Attorney-General for India.

Conduct of Government Business

77.    Conduct of business of the Government of India.

78.    Duties of Prime Minister as respects the furnishing of information to the President, etc.

CHAPTER  II : PARLIAMENT

General

79.    Constitution of Parliament.

80.    Composition of the Council of States.

81.    Composition of the House of the People.

82.    Readjustment after each census.

83.    Duration of Houses of Parliament.

84.    Qualification for membership of Parliament.

85.    Sessions of Parliament, prorogation and dissolution.

86.    Right of President to address and send messages to Houses.

87.    Special address by the President.

88.    Rights of Ministers and Attorney-General as respects Houses.

Officers of Parliament

89.    The Chairman and Deputy Chairman of the Council of States.

90.    Vacation and resignation of, and removal from, the office of

Deputy Chairman.

91.    Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

92.    The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

93.    The Speaker and Deputy Speaker of the House of the People .

94.    Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

95.    Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.

96.    The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

97.    Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.

98.    Secretariat of Parliament.

Conduct of Business

99.    Oath or affirmation by members.

100.  Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualifications of Members

101.  Vacation of seats.

102.  Disqualifications for membership.

103.  Decision on questions as to disqualifications of members.

104.  Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.

Powers, Privileges and Immunities of Parliament and its Members

105.  Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.

106.  Salaries and allowances of members.

Legislative Procedure

107.  Provisions as to introduction and passing of Bills.

108.  Joint sitting of both Houses in certain cases.

109.  Special procedure in respect of Money Bills.

110.  Definition of “Money Bills”.

111.  Assent to Bills.

Procedure in Financial Matters

112.  Annual financial statement.

113.  Procedure in Parliament with respect to estimates.

114.  Appropriation Bills.

115.  Supplementary, additional or excess grants.

116.  Votes on account, votes of credit and exceptional grants.

117.  Special provisions as to financial Bills.

Procedure Generally

118.  Rules of procedure.

119.  Regulation by law of procedure in Parliament in relation to financial business.

120.  Language to be used in Parliament.

121.  Restriction on discussion in Parliament.

122.  Courts not to inquire into proceedings of Parliament.

CHAPTER III LEGISLATIVE  POWERS OF THE PRESIDENT

123.  Power of President to promulgate Ordinances during recess of  Parliament.

CHAPTER IV THE UNION JUDICIARY 

124.  Establishment and constitution of Supreme Court.

125. Salaries, etc., of Judges.

126. Appointment of acting Chief Justice.

127. Appointment of ad hoc judges.

128. Attendance of retired Judges at sittings of the Supreme Court.

129.  Supreme Court to be a court of record.

130.  Seat of Supreme Court.

131.  Original jurisdiction of the Supreme Court.

132.  Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.

133.  Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters.

134.  Appellate jurisdiction of Supreme Court in regard to criminal matters.

134A.     Certificate for appeal to the Supreme Court.

135.  Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.

136.  Special leave to appeal by the Supreme Court.

137.  Review of judgments or orders by the Supreme Court.

138.  Enlargement of the jurisdiction of the Supreme Court.

139.  Conferment on the Supreme Court of powers to issue certain writs.

139A.     Transfer of certain cases.

140.  Ancillary powers of Supreme Court.

141.  Law declared by Supreme Court to be binding on all courts.

142.  Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

143.  Power of President to consult Supreme Court.

144.  Civil and judicial authorities to act in aid of the Supreme Court.

145.  Rules of Court, etc.

146.  Officers and servants and the expenses of the Supreme Court.

147.  Interpretation.

CHAPTER V COMPTROLLER AND AUDITOR-GENERAL OF INDIA

148.  Comptroller and Auditor-General of India.

149.  Duties and powers of the Comptroller and Auditor-General.

150.  Form of accounts of the Union and of the States.

151.  Audit reports.

PART VI THE STATES
CHAPTER I GENERAL

152.  Definition.

CHAPTER II THE EXECUTIVE

The Governor

153.  Governors of States.

154.  Executive power of State.

155.  Appointment of Governor.

156.  Term of office of Governor.

157.  Qualifications for appointment as Governor.

158.  Conditions of Governor’s office

159.  Oath or affirmation by the Governor.

160.  Discharge of the functions of the Governor in certain contingencies.

161.  Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

162.  Extent of executive power of State.

Council of Ministers

163.  Council of Ministers to aid and advise Governor.

164.  Other provisions as to Ministers.

The Advocate-General for the State

165.  Advocate-General for the State.

Conduct of Government Business

166.  Conduct of business of the Government of a State.

167.  Duties of Chief Minister as respects the furnishing of information to Governor, etc.

CHAPTER III THE STATE LEGISLATURE

General

168.  Constitution of Legislatures in States.

169.  Abolition or creation of Legislative Councils in States.

170.  Composition of the Legislative Assemblies.

171.  Composition of the Legislative Councils.

172.  Duration of State Legislatures.

173.  Qualification for membership of the State Legislature.

174.  Sessions of the State Legislature, prorogation and dissolution.

175.  Right of Governor to address and send messages to the House or Houses.

176.  Special address by the Governor.

177.  Rights of Ministers and Advocate-General as respects the Houses.

Officers of the State Legislature

178.  The Speaker and Deputy Speaker of the Legislative Assembly.

179.  Vacation and resignation of, and removal from, the offices of Speaker  and Deputy Speaker.

180.  Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.

181.  The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

182.  The Chairman and Deputy Chairman of the Legislative Council.

183.  Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.

184.  Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

185.  The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

186.  Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.

187.  Secretariat of State Legislature.

Conduct of Business

188.  Oath or affirmation by members.

189.  Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualifications of Members

190.  Vacation of seats.

191.  Disqualifications for membership.

192.  Decision on questions as to disqualifications of members.

193.  Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.

Powers, privileges and immunities of State Legislatures and their Members

194.  Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.

195.  Salaries and allowances of members.

Legislative Procedure

196.  Provisions as to introduction and passing of Bills.

197.  Restriction on powers of Legislative Council as to Bills other than Money Bills.

198.  Special procedure in respect of Money Bills.

199.  Definition of “Money Bills”.

200.  Assent to Bills.

201.  Bills reserved for consideration.

Procedure in Financial Matters

202.  Annual financial statement.

203.  Procedure in Legislature with respect to estimates.

204.  Appropriation Bills.

205.  Supplementary, additional or excess grants.

206.  Votes on account, votes of credit and exceptional grants.

207.  Special provisions as to financial Bills.

Procedure Generally

208.  Rules of procedure.

209.  Regulation by law of procedure in the Legislature of the State in relation to financial business.

210.  Language to be used in the Legislature.

211.  Restriction on discussion in the Legislature.

212.  Courts not to inquire into proceedings of the Legislature.

CHAPTER IV LEGISLATIVE  POWER OF THE GOVERNOR

213.  Power of Governor to promulgate Ordinances during recess of Legislature.

CHAPTER V THE  HIGH COURTS IN THE STATES

214.  High Courts for States.

215.  High Courts to be courts of record.

216.  Constitution of High Courts.

217.  Appointment and conditions of the office of a Judge of a High Court.

218.  Application of certain provisions relating to Supreme Court to High Courts.

219.  Oath or affirmation by Judges of High Courts.

220.  Restriction on practice after being a permanent Judge.

221.  Salaries, etc., of Judges.

222.  Transfer of a Judge from one High Court to another.

223.  Appointment of acting Chief Justice.

224.  A  appointment of additional and acting Judges.

224A.     Appointment of retired Judges at sittings of High Courts.

225.  Jurisdiction of existing High Courts.

226.  Power of High Courts to issue certain writs.

227.  Power of superintendence over all courts by the High Court.

228.  Transfer of certain cases to High Court.

229.  Officers and servants and the expenses of High Courts.

230.  Extension of jurisdiction of High Courts to Union territories.

231.  Establishment of a common High Court for two or more States.

CHAPTER VI SUBORDINATE COURTS

233.  Appointment of district judges.

233A.     Validation of appointments of, and judgments, etc., delivered by, certain district judges.

234.  Recruitment of persons other than district judges to the judicial service.

235.  Control over subordinate courts.

236.  Interpretation.

237.  Application of the provisions of this Chapter to certain class or classes of magistrates.

PART VII THE STATES IN PART B OF THE FIRST SCHEDULE
238.  [Repealed.]

PART VIII THE UNION TERRITORIES
239.    Administration of Union territories.

239A.  Creation of local Legislatures or Council of Ministers or both for certain Union territories.

239A.  Special provisions with respect to Delhi.

239AA.   Provision in case of failure of constitutional machinery.

239AB.   Power of administrator to promulgate Ordinances during recess of Legislature.

240.    Power of President to make regulations for certain Union territories.

241.    High Courts for Union territories.

PART IX THE PANCHAYATS
243.    Definitions.

243A.  Gram Sabha.

243B.  Constitution of Panchayats.

243C.  Composition of Panchayats.

243D.  Reservation of seats.

243E.  Duration of Panchayats, etc.

243F.  Disqualifications for membership.

243G.  Powers, authority and responsibilities of Panchayats.

243H.  Powers to impose taxes by, and Funds of, the Panchayats.

243-I.  Constitution of Finance Commission to review financial position.

243J.   Audit of accounts of Pachayats.

243K.  Elections to the Panchayats.

243L.  Application to Union  territories.

243M. Part not to apply to certain areas.

243N.  Continuance of existing laws and Panchayats.

243-O.    Bar to interference by courts in electoral matters.

PART IXA THE MUNICPALITIES
243P.  Definitions.

243Q. Constitution of Municipalities.

243R.  Composition of Municipalities.

243S.  Constitution and composition of Wards Committees, etc.

243T.  Reservation of seats.

243U.  Duration of Municipalities, etc.

243V.  Disqualifications for membership.

243W. Powers, authority and responsibilities of Municipalities, etc.

243X.  Power to impose taxes by, and Funds of, the Municipalities.

243Y.  Finance Commission.

243Z.  Audit of accounts of Municipalities.

243ZA.   Elections to the Municipalities.

243ZB.    Application to Union territories.

243ZC.    Part not to apply to certain areas.

243ZD.   Committee for district planning.

243ZE. Committee for Metropolitan planning.

243ZF. Continuance of existing laws and Municipalities.

243ZG.   Bar to interference by Courts in electoral matters.

PART X THE SCHEDULED AND TRIBAL AREAS
244.    Administration of Scheduled Areas     and Tribal Areas.

244A.  Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

PART XI RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I LEGISLATIVE  RELATIONS

Distribution of Legislative Powers

245.    Extent of laws made by Parliament and by the Legislatures of States.

246.    Subject-matter of laws made by Parliament and by the Legislatures of States.

247.    Power of Parliament to provide for the establishment of certain additional courts.

248.    Residuary powers of legislation.

249.    Power of Parliament to legislate with respect to a matter in the State List in the national interest.

250.    Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.

251.    Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.

252.    Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.

253.    Legislation for giving effect to international agreements.

254.Inconsistency between laws made by Parliament and laws made by the Legislatures of States.

255.    Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

CHAPTER II ADMINISTRATIVE RELATIONS

General

256.    Obligation of States and the Union.

257.    Control of the Union over States in certain cases.

258.    Power of the Union to confer powers, etc., on States in certain cases.

258A.  Power of the States to entrust functions to the Union.

260.    Jurisdiction of the Union in relation to territories outside India.

261.    Public acts, records and judicial proceedings.

Disputes relating to Waters

262.    Adjudication of disputes relating to waters of  inter-State rivers or river valleys.

Co-ordination between States

263.    Provisions with respect to an inter-State Council.

PART XII FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I FINANCE

General

264.    Interpretation.

265.    Taxes not to be imposed save by authority of law.

266.    Consolidated Funds and public accounts of India and of the States.

267.    Contingency Fund.

Distribution of Revenues between the Union and the States

268.    Duties levied by the Union but collected and appropriated by the State.

268A.  Service tax levied by Union and collected by the Union and the States.

269.    Taxes levied and collected by the Union but assigned to the States.

270.    Taxes levied and  distributed between the Union and the States.

271.    Surcharge on certain duties and taxes for purposes of the Union.

273.    Grants in lieu of export duty on jute and jute products.

274.    Prior recommendation of President required to Bills affecting taxation in which States are interested.

275.    Grants from the Union to certain States.

276.    Taxes on professions, trades, callings and employments.

277.    Savings.

279.    Calculation of  “net proceeds”, etc.

280.    Finance Commission.

281.    Recommendations of the Finance Commission.

Miscellaneous financial provisions

282.    Expenditure defrayable by the Union or a State out of its revenues.

283.    Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.

284.    Custody of suitors’  deposits and other moneys received by public servants and courts.

285.    Exemption of property of the Union from State taxation.

286.    Restrictions as to imposition of tax on the sale or purchase of goods.

287.    Exemption from taxes on electricity.

288.    Exemption from taxation by States in respect of water or electricity in certain cases.

289.    Exemption of property and income of a State from Union taxation.

290.    Adjustment in respect of certain expenses and pensions.

290A.  Annual payment to certain Devaswom Funds.

CHAPTER II BORROWING

292.    Borrowing by the Government of India.

293.    Borrowing by States.

CHAPTER III PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

294.    Succession to property, assets, rights, liabilities and obligations in certain cases.

295.    Succession to property, assets, rights, liabilities and obligations in other cases.

296.    Property accruing by escheat or laps or as bona vacantia.

297.    Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.

298.    Power to carry on trade, etc.

299.    Contracts.

300.    Suits and proceedings.

CHAPTER IV  RIGHT  TO PROPERTY
300A.  Persons not to be deprived of property save by authority of law.

PART XIII TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

301.    Freedom of trade, commerce and intercourse.

302.    Power of Parliament to impose restrictions on trade, commerce and intercourse.

303.    Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.

304.    Restrictions on trade, commerce and intercourse among States.

305.    Saving of existing laws and laws providing for State monopolies.

307.    Appointment of authority for carrying out the purposes of articles 301 to 304.

PART XIV SERVICES UNDER THE UNION AND THE STATES
CHAPTER I SERVICES

308.    Interpretation.

309.    Recruitment and conditions of service of persons serving the Union or a State.

310.    Tenure of office of persons serving the Union or a State.

311.    Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.

312.    All-India services.

312A.  Power of Parliament to vary or revoke conditions of service of officers of certain services.

313.    Transitional provisions.

CHAPTER II PUBLIC SERVICE COMMISSIONS

315.    Public Service Commissions for the Union and for the States.

316.    Appointment and term of office of members.

317.    Removal and suspension of a member of a Public Service Commission.

318.    Power to make regulations as to conditions of service of members and staff of the Commission.

319.    Prohibition as to the holding of offices by members of Commission on ceasing to be such members.

320.    Functions of Public Service Commissions.

321.    Power to extend functions of Public Service Commissions.

322.    Expenses of Public Service Commissions.

323.    Reports of Public Service Commissions.

PART XIVA TRIBUNALS
323A.  Administrative tribunals.

323B.  Tribunals for other matters.

PART XV  ELECTIONS
324.    Superintendence, direction and control of elections to be vested in an Election Commission.

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.

326.    Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.

327.    Power of Parliament to make provision with respect to elections to Legislatures.

328.    Power of Legislature of a State to make provision with respect to elections to such Legislature.

329.    Bar to interference by courts in electoral matters.

PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330.    Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.

331.    Representation of the Anglo-Indian community in the House of the People.

332.    Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.

333.    Representation of the Anglo-Indian community in the Legislative Assemblies of the States.

334.    Reservation of seats and special representation to cease after seventy years.

335.    Claims of Scheduled Castes and Scheduled Tribes to services and posts.

336.    Special provision for Anglo-Indian community in certain services.

337.    Special provision with respect to educational grants for the benefit of Anglo-Indian Community.

338.    National Commission for Scheduled Castes.

338A.  National Commission for Scheduled Tribes.

339.    Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes.

340.    Appointment of  a Commission to investigate the conditions of backward classes.

341.    Scheduled Castes.

342.    Scheduled Tribes.

PART XVII OFFICIAL LANGUAGE
CHAPTER I LANGUAGE OF THE UNION

343.    Official language of the Union.

344.    Commission and Committee of Parliament on official language.

CHAPTER II REGIONAL LANGUAGES

345.    Official language or languages of a State.

346.    Official language for communication between one State and another or between a State and the Union.

347.    Special provision relating to language spoken by a section of the population of a State.

CHAPTER III LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.

348.    Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

349.    Special procedure for enactment of certain laws relating to language.

CHAPTER IV SPECIAL DIRECTIVES 

350.    Language to be used in representations for redress of grievances.

350A.  Facilities for instruction in mother-tongue at primary stage.

350B.  Special Officer for linguistic minorities.

351.    Directive for development of the Hindi language.

PART XVIII EMERGENCY PROVISIONS
352.    Proclamation of Emergency.

353.    Effect of Proclamation of Emergency.

354.    Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.

355.    Duty of the Union to protect States against external aggression and internal disturbance.

356.    Provisions in case of failure of constitutional machinery in States.

357.    Exercise of legislative powers under Proclamation issued under article 356.

358.    Suspension  of provisions of article 19 during emergencies.

359.    Suspension of the enforcement of the rights conferred by Part III during emergencies.

360.    Provisions as to financial emergency.

PART XIX MISCELLANEOUS
361.    Protection of President and Governors and Rajpramukhs.

361A.  Protection of publication of proceedings of Parliament and State Legislatures.

361B.  Disqualification for appointment on remunerative political post.

363.    Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.

363A.  Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.

364.    Special provisions as to major ports and aerodromes.

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

366.    Definitions.

367.    Interpretation.

PART XX  AMENDMENT OF THE CONSTITUTION
368.    Power of Parliament to amend the Constitution and procedure therefor.

PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
369.    Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.

370.    Temporary provisions with respect to the State of Jammu and Kashmir.

371.    Special provision with respect to the States of Maharashtra and Gujarat.

371A.  Special provision with respect to the State of Nagaland.

371B . Special provision with respect to the State of Assam.

371C.  Special provision with respect to the State of Manipur.

371D.  Special provisions with respect to the State of Andhra Pradesh.

371E.  Establishment of Central University in Andhra Pradesh.

371F.  Special provisions with respect to the State of Sikkim.

371G.  Special provision with respect to the State of Mizoram.

371H.  Special provision with respect to the State of Arunachal Pradesh.

371-I.  Special provision with respect to the State of  Goa.

372.    Continuance in force of existing laws and their adaptation.

372A.  Power of the President to adapt laws.

373.    Power of President to make order in respect of persons under preventive detention in certain cases.

374.    Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His    Majesty in Council.

375.    Courts, authorities and officers to continue to function subject to the provisions of the Constitution.

376.    Provisions as to Judges of High Courts.

377.    Provisions as to Comptroller and Auditor-General of India.

378.    Provisions as to Public Service Commissions.

378A.  Special provision as to duration of Andhra Pradesh Legislative Assembly.

392.    Power of the President to remove difficulties.

PART XXII SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS
393.    Short title.

394.    Commencement.

394A.  Authoritative text in the Hindi language.

395.    Repeals.

Schedules of Indian Constitution

FIRST SCHEDULE

I. —The States.

II. —The Union territories.

SECOND SCHEDULE

PART A— Provisions as to the President and the Governors of States.

PART B— [Repealed.]

PART C—   Provisions as to the Speaker and the Deputy Speaker of   the House of  the    People   and the Chairman and the Deputy Chairman of   the Council   of      States   and   the  Speaker  and  the  Deputy Speaker  of  the   Legislative Assembly and the Chairman  and the Deputy Chairman of the Legislative  Council of a State.

PART D—  Provisions as to the Judges of the Supreme Court and of the High Courts.

PART E—  Provisions as to the Comptroller and Auditor-General of India.

THIRD  SCHEDULE—Forms of Oaths or Affirmations.

FOURTH  SCHEDULE—Allocation of seats in the Council of States.

FIFTH SCHEDULE—Provisions as to the Administration and Control of Scheduled  Areas and Scheduled Tribes

PART A—General.

PART B—Administration and  Control of Scheduled Areas and Scheduled Tribes.

PART C— Scheduled Areas.

PART D—Amendment of the Schedule.

SIXTH SCHEDULE—Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.

SEVENTH SCHEDULE

List I — Union List.

List II— State List.

List III— Concurrent List.

EIGHTH SCHEDULE— Languages.

NINTH SCHEDULE—Validation of certain Acts and Regulations.

TENTH SCHEDULE— Provisions as to disqualification on ground of defection.

ELEVENTH SCHEDULE— Powers, authority and responsibilities of Panchayats.

TWELFTH SCHEDULE— Powers, authority and responsibilities of Municipalities, etc.

Important Constitutional Amendments

First Amendment 1951 : Added Ninth Schedule.

Seventh Amendment 1956:  Necessitated on account of reorganization of States on a linguistic basis.

Eighth Amendment 1959 : Extended special provisions for reservations of seats for SCs, STs and Anglo – Indians in Lok Sabha and Leg. Assemblies for a period of 10 years from 1960 to 1970.

The Ninth Amendment 1960 : Gave effect to transfer certain territories to Pakistan following the 1958 Indo – Pak agreement.

The Tenth Amendment 1961: Incorporated Dadra & Nagar Haveli as a UT.

Twelfth Amendment 1962 :  Incorporated Goa, Daman & Diu as a UT.

Thirteenth Amendment 1962 : Created Nagaland as a State.

Fourteenth Amendment 1963 :  Pondicherry, Karaikal, Mahe and Yanam, the former French territories were included in the schedule as UT of Pondicherry.

Eighteenth Amendment 1966 : Reorganized Punjab into Punjab, Haryana and UT of Chandigarh.

Twenty first Amendment 1967 : Included Sindhi as the Fifteenth Regional language.

Twenty second Amendment 1969 : Created a sub – state of Meghalaya within Assam.

Twenty third Amendment 1969 :  Extended the reservation of seats for SC / ST and nomination of Anglo – Indians for a further period of 10 years (till 1 980).

Twenty sixth Amendment 1971 : Abolished the titles and special privileges of former rulers of princely states.

Twenty seventh Amendment 1971 : Established Manipur and Tripura as States and Mizoram and Arunachal Pradesh as UTs.

Thirty first Amendment 1973 :  Increased the elective strength of LS from 525 to 545. The upper limit of representatives of States went up from 500 to 525.

Thirty sixth Amendments 1975 : Made Sikkim a State.

Thirty eighth Amendment 1975 : Provided that the President can make a declaration of emergency, and the promulgation of ordinances by the President, Governors and the Administrative Heads of UTs would be final and could not be challenged in any court.It also authorized the President to declare different kinds of emergencies.

Thirty ninth Amendment 1975 : Placed beyond challenge in courts, the election to Parliament of a person holding the office of PM or Speaker and election of the President and Prime Minister.

Forty second Amendment 1976 : Provided supremacy of Parliament and gave primacy to Directive Principles over Fundamental Rights. It also added 10 Fundamental Duties.

New words – Socialist, Secular and Unity and Integrity of the Nation, were added in the preamble.

Forty fourth Amendment 1978 : The Right to Property was deleted from Part III. Article 352 was amended to provide ‘Armed Rebellion’ as one of the circumstances for declaration of emergency.

Forty fifth Amendment 1985 : Extended reservation for SC / ST by another 10 years (till 1990).

Fifty second Amendment 1985 : Added the Tenth Schedule (regarding anti – defection).

Fifty third Amendment 1986 : Mizoram was made a state.

Fifty fifth Amendment 1986 : Conferred statehood to Arunachal Pradesh.

Fifty sixth Amendment 1987 : Hindi version of the Constitution of India was accepted for all purposes.

The UT of Goa, Daman and Diu was divided and Goa was made a State. Daman and Diu remained as a UT.

Sixty first Amendment 1989 : Reduced the voting age from 21 to 1 8 years for the LS as well as Assemblies.

Sixty first Amendment 1989 : Also extended reservation of seats for SC / ST till 2000 AD.

Seventy first Amendment 1992 : Konkani, Manipuri and Nepali were included in the VIII Schedule.

Seventy third Amendment 1993 : (Panchayati Raj Bill) Provided among other things Gram Sabha in Villages, constitution of panchayats at the village and other levels, direct elections to all seats in panchayats and reservation of seats for the SC and ST and fixing of tenure of 5 years for panchayats.

Seventy fourth Amendment 1993 : (Nagarpalika Bill) Provides for, among other things, constitution of three types of municipalities, reservation of seats in every municipality for the SC and ST, women and the backward classes.

Eighty second Amendment 2000 :  Reinstalled the provision of reservation of SC and STs in matters related to promotion. Besides, the qualifying marks for passing an examination for them have also been lowered.

Eighty fourth Amendment 2001 :  Extended freeze on Lok Sabha and State Assembly seats till 2026.

Eighty sixth Amendment 2002 : Makes education a fundamental right for children in the age group of 6 – 14 years.

Eighty seventh Amendment 2003 : Made the 2001 census the basis for delimitation of constituencies of the Lower House of Parliament (Lok Sabha) and State assemblies (Vidhan Sabhas).

Ninety first Amendment 2003 : Amended the Anti – Defection Law and also made a provision that the number of ministers in the Central & State Govts, cannot be more than 15% of the strength of Lok Sabha & respected Vidhan Sabha.

Ninety second Amendment 2003 : Bodo, Maithili, Santhali and Dogri added into the VIII Schedule.

Ninety third Amendment 2005 : To reserve seats for socially and educationally backward classes, besides the Scheduled Castes and the Scheduled Tribes, in private unaided institutions other than those run by minorities.