The Indian Constitution is the world's longest written constitution, comprising 395 articles divided into 22 parts and 12 schedules. It was adopted on November 26, 1949, and came into force on January 26, 1950. This comprehensive guide covers all articles of the Indian Constitution in detail, perfect for UPSC, RAS, HPSC, and other competitive examinations.

• Download All Articles of the Indian Constitution PDF: here

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Key Features of the Preamble:

Important Landmark Judgments on the Preamble:

• Berubari Union Case (1960): Preamble was not a part of the Constitution (overruled later)
• Kesavananda Bharati Case (1973): Preamble is integral to the Constitution
• LIC of India Case (1995): Preamble is an integral part of the Constitution

Ideological Borrowings:

• Justice (Social, Economic, Political): Russian Revolution (1917)
• Liberty, Equality, Fraternity: French Revolution (1789-1799)
• Rule of Law & Individual Rights: British Constitutional Traditions
• Federalism: Canadian Model
• Judicial Review: American Constitution

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PART I: THE UNION AND ITS TERRITORY (Articles 1-4)

Article 1: Name and Territory of the Union

Provision: "India, that is Bharat, shall be a Union of States."

Key Points:

• The term "Union" indicates that the Indian federation is not a result of an agreement among states
• States have no right to secede from the Union
• "Territory of India" is wider than "Union of India"
• Union includes only states, while Territory includes states, Union Territories, and acquired territories

Article 2: Admission of New States

Provision: Parliament can admit into the Union or establish new States on such terms and conditions as it thinks fit.

Key Points:

• Applies to states not already part of the Union (external adjustment)
• Historically important for Sikkim's admission (35th & 36th Constitutional Amendment Acts, 1974-1975)
• Used for bringing protectorates and associated states into the Union

Article 3: Formation of New States and Alteration of Territories

Provision: Parliament can form new states or alter areas, boundaries, or names of existing states.

Key Points:

• Deals with internal re-adjustment of territories within the Union
• Bill can be introduced only with prior presidential recommendation
• President must refer the bill to concerned state legislature for views
• States' views are not binding on Parliament
• Establishes India as "an indestructible Union of destructible States"

Article 4: Laws Under Articles 2 and 3

Provision: Laws for admission or formation of states need not be considered as constitutional amendments.

Key Points:

• Laws under Articles 2 and 3 can be passed by simple majority
• No constitutional amendment procedure required
• Landmark Judgment - Berubari Union Case (1960): Parliament cannot cede Indian territory to a foreign country under Article 3; constitutional amendment is required (e.g., 9th Amendment Act, 1960; 100th Amendment Act, 2015)

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PART II: CITIZENSHIP (Articles 5-11)

Article 5: Citizenship at the Commencement of the Constitution

Provision: Defines who shall be citizens of India at the commencement of the Constitution.

Key Points:

• Applies to persons domiciled in India
• Citizenship granted if:
  • Born in India, OR
  • Either parent born in India, OR
  • Resident in India for at least 5 years before commencement
• Focuses only on 26 January 1950 situation

Article 6: Citizenship of Persons Who Migrated from Pakistan to India

Provision: Grants citizenship rights to migrants from Pakistan.

Key Points:

• Covers migration before and after 19 July 1948
• Before 19 July 1948 → Automatically citizens if resident
• After 19 July 1948 → Must register
• Required permit for resettlement or permanent return

Article 7: Citizenship of Persons Who Migrated to Pakistan

Provision: Deals with people who migrated to Pakistan after March 1, 1947.

Key Points:

• Such persons are not considered Indian citizens
• Exception:
  • If they returned to India with a valid permit for resettlement
• Important due to Partition context

Article 8: Citizenship of Persons of Indian Origin Residing Outside India

Provision: Provides citizenship to persons of Indian origin living abroad.

Key Points:

• Applies to persons whose:
  • Parents or grandparents were born in India
• Must register with Indian diplomatic mission
• Covers Indian diaspora

Article 9: Persons Voluntarily Acquiring Foreign Citizenship

Provision: Loss of Indian citizenship on acquiring foreign citizenship.

Key Points:

• If a person voluntarily acquires citizenship of another country:
  • They cease to be an Indian citizen
• India does not allow dual citizenship

Article 10: Continuance of Rights of Citizenship

Provision: Continuation of citizenship rights.

Key Points:

• Persons recognized as citizens under Articles 5–9:
  • Continue to be citizens
• Subject to laws made by Parliament

Article 11: Power of Parliament Regarding Citizenship

Provision: Parliament can make any provision regarding the acquisition and termination of citizenship.

Key Points:

• Constitution only defines citizenship at commencement
• Parliament holds absolute sovereign power over citizenship matters
• Outcome: Citizenship Act, 1955 enacted (amended in 1986, 1992, 2003, 2005, 2015, and controversially in 2019 - Citizenship Amendment Act)

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PART III: FUNDAMENTAL RIGHTS (Articles 12-35)

Article 12: Definition of "State"

Provision: Defines the entities against which Fundamental Rights can be enforced.

Key Points:

• Includes Union Government and Parliament
• Includes State Governments and Legislatures
• Includes local authorities (municipalities, panchayats)
• Includes "other authorities" - expansively interpreted to include LIC, ONGC, SAIL, and even private bodies acting as state instruments

Article 13: Laws Inconsistent with Fundamental Rights

Provision: Any law violating Fundamental Rights shall be void.

Key Points:

• Basis of Doctrine of Judicial Review
• Establishes Doctrine of Severability (only unconstitutional part void)
• Establishes Doctrine of Eclipse (pre-constitutional laws violating FRs become dormant)
• 24th CAA (1971): Constitutional Amendment cannot be challenged as violating FRs (later restricted by Basic Structure Doctrine)

Article 14: Equality Before Law

Provision: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."

Key Points:

• Two concepts: Equality before law (negative/British) and Equal protection (positive/American)
• Embodies the Rule of Law (A.V. Dicey)
• Allows class legislation based on "intelligible differentia" (reasonable classification)
• Prohibits arbitrary class legislation

Article 15: Prohibition of Discrimination

Provision: State cannot discriminate on grounds of religion, race, caste, sex, or place of birth.

Key Points:

• Only listed grounds are prohibited; discrimination on other grounds is allowed
• Exceptions:
  • Special provisions for women and children (15(3))
  • Special provisions for SEBCs, SCs, STs (15(4) - 1st CAA, 1951)
  • Admission provisions for educational institutions for SEBCs/SCs/STs (15(5) - 93rd CAA, 2005)
  • EWS reservation up to 10% (15(6) - 103rd CAA, 2019)

Article 16: Equality of Opportunity in Employment

Provision: No discrimination in state employment on listed grounds.

Key Points:

• Only Parliament can prescribe residence as a condition
• Allows reservation for backward classes not adequately represented
• Indra Sawhney Case (1992): Upheld 27% OBC reservation, capped total at 50%, introduced "creamy layer"
• 16(4A): Reservation in promotion allowed (77th CAA, 1995)
• 16(6): Up to 10% EWS reservation (103rd CAA, 2019)

Article 17: Abolition of Untouchability

Provision: Abolishes untouchability in all forms; it is an absolute right with no exceptions.

Key Points:

• Enforced via Protection of Civil Rights Act, 1955
• No definition of untouchability in Constitution
• Refers to the historical social practice, not a literal boycott

Article 18: Abolition of Titles

Provision: State cannot confer titles (except military/academic distinctions).

Key Points:

• Citizens cannot accept titles from foreign states
• Balaji Raghavan Case (1996): National Awards are not "titles" and cannot be used as prefixes/suffixes

Article 19: Freedoms of Speech, Assembly, Association, Movement, Residence, and Profession

Provision: Six Fundamental Freedoms:

• (a) Speech and expression
• (b) Peaceful assembly without arms
• (c) Forming associations/unions/cooperative societies (added by 97th CAA, 2011)
• (d) Free movement throughout India
• (e) Residence and settlement in any part of India
• (g) Profession, occupation, trade, or business

Key Points:

• Originally seven freedoms; right to property (19(1)(f)) deleted by 44th CAA, 1978
• Rights are not absolute; State can impose "reasonable restrictions" on specified grounds
• Reasonable restrictions under 19(2)-(6): sovereignty, security, public order, decency, morality

Article 20: Protection in Respect of Conviction for Offences

Provision: Three crucial safeguards against arbitrary conviction:

Key Points:

• Cannot be suspended even during National Emergency (Article 359)
• Applies only to criminal laws, not civil laws

Article 21: Protection of Life and Personal Liberty

Provision: "No person shall be deprived of his life or personal liberty except according to procedure established by law."

Key Points:

• Available to both citizens and non-citizens
• Cannot be suspended during National Emergency
• A.K. Gopalan Case (1950): Narrow interpretation (protection against executive only)
• Maneka Gandhi Case (1978): Wide interpretation; law itself must be just, fair, reasonable
• K.S. Puttaswamy Case (2017): Right to Privacy is intrinsic part of Article 21

Article 21A: Right to Education

Provision: Free and compulsory education for children aged 6-14 years.

Key Points:

• Added by 86th Constitutional Amendment Act, 2002
• Moved from DPSP (Article 45) to Fundamental Right (justiciable)
• Operationalized via RTE Act, 2009

Article 22: Protection Against Arrest and Detention

Provision: Protects against both punitive and preventive detention.

Key Points:

• Punitive Safeguards:

  • Right to be informed of grounds
  • Right to consult legal practitioner
  • Right to be produced before magistrate within 24 hours

• Preventive Safeguards:

  • Detention cannot exceed 3 months without advisory board approval
  • 44th CAA reduced to 2 months (not brought into force)

Article 23: Prohibition of Traffic in Human Beings and Forced Labour

Provision: Prohibits "begar" and forced labour without payment.

Key Points:

• Protects against both State and private persons
• Exception: State can impose compulsory service for public purposes (military, social service)

Article 24: Prohibition of Employment of Children

Provision: Absolute prohibition on employing children below 14 in factories, mines, hazardous activities.

Key Points:

• Does not prohibit harmless or innocent work
• Fortified by Child Labour (Prohibition and Regulation) Amendment Act, 2016

Article 25: Freedom of Conscience and Religion

Provision: Right to profess, practice, and propagate religion.

Key Points:

• Right to propagate does not include forced conversion
• Subject to public order, morality, health, and Part III provisions
• State can regulate secular activities associated with religion
• Allows social welfare and reform measures

Article 26: Freedom to Manage Religious Affairs

Provision: Religious denominations can manage their own affairs in matters of religion.

Key Points:

• Grants collective rights (to denominations, not individuals)
• Includes right to establish institutions, manage affairs, and own property
• Subject to public order, morality, and health

Article 27: Freedom from Tax for Promotion of Religion

Provision: State cannot spend public money collected via taxes for promoting any specific religion.

Key Points:

• Ensures secular character of State
• Prohibits tax levy but not fees for secular services to religious institutions

Article 28: Freedom Regarding Religious Instruction

Provision: Differentiates four types of educational institutions:

Article 29: Protection of Minorities' Interests

Provision: Section of citizens with distinct language, script, or culture can conserve the same.

Key Points:

• Term "section of citizens" includes majority as well (Supreme Court ruling)
• Prohibits discrimination in State-maintained/aided institutions on grounds of religion, race, caste, or language

Article 30: Right of Minorities to Establish Educational Institutions

Provision: Religious and linguistic minorities can establish and administer educational institutions.

Key Points:

• 44th CAA (1978): Compensation for property acquisition cannot restrict this right

Article 31: Compulsory Acquisition of Property [REPEALED]

Provision: Originally guaranteed right to property; repealed by 44th CAA, 1978.

Key Points:

• Right to property now under Article 300A (legal right, not Fundamental Right)

Article 31A: Saving of Laws Providing for Acquisition of Estates

Provision: Protects agrarian reform and zamindari abolition laws.

Key Points:

• Added by 1st Constitutional Amendment Act, 1951
• Protects from challenges under Articles 14 and 19

Article 31B: Validation of Acts in Ninth Schedule

Provision: Protects Ninth Schedule laws from constitutional challenges.

Key Points:

• Added by 1st CAA (1951)
• I.R. Coelho Case (2007): Laws added after April 24, 1973, are open to judicial review if they violate basic structure

Article 31C: Saving of Laws Implementing DPSPs

Provision: Protects laws implementing Articles 39(b) and (c) from Article 14 and 19 challenges.

Key Points:

• Added by 25th CAA (1971)
• 42nd CAA tried to expand to all DPSPs; struck down in Minerva Mills Case (1980)

Article 32: Remedies for Enforcement of Fundamental Rights

Provision: Right to move Supreme Court for enforcement of Fundamental Rights.

Key Points:

• Called by Dr. Ambedkar as "heart and soul" of the Constitution
• Empowers SC to issue writs: Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari
• Right to constitutional remedies under Article 32 is itself a Fundamental Right and basic structure feature

Article 33: Modification of Fundamental Rights for Armed Forces

Provision: Only Parliament can restrict Fundamental Rights of armed and paramilitary forces.

Key Points:

• Applies to armed forces, paramilitary forces, police, and intelligence agencies
• Objective: Ensure proper discharge of duties and maintain discipline

Article 34: Restrictions on Fundamental Rights During Martial Law

Provision: Restrictions while martial law is in force.

Key Points:

• Empowers Parliament to indemnify government servants and others for acts during martial law

Article 35: Power of Parliament to Legislate on Fundamental Rights

Provision: Parliament (not State Legislatures) has power to make laws for specified FRs.

Key Points:

• Ensures uniformity across India regarding nature of rights and punishments
• Covers Articles 17, 23, and 24 primarily

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PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY (Articles 36-51)

Article 36: Definition of "State"

Provision: Defines State as in Article 12 (same scope as Fundamental Rights).

Article 37: Application of DPSPs

Provision: DPSPs are non-justiciable but fundamental in governance.

Key Points:

• Cannot be enforced by any court
• Create moral and political obligations on government
• Duty of State to apply them in making laws

Article 38: Social Order for Welfare of People

Provision: State to secure social, economic, and political justice.

Key Points:

• Forms core of "Welfare State" concept
• Article 38(2) (44th CAA, 1978): Minimize inequalities in income, status, facilities, opportunities

Article 39: Principles of Policy to be Followed by State

Provision: Six key socialist principles:

Key Points:

• Article 39(f) modified by 42nd CAA (1976)
• Articles 39(b) and 39(c) have primacy over Articles 14 and 19 (via Article 31C)

Article 39A: Equal Justice and Free Legal Aid

Provision: Ensure justice on basis of equal opportunity; provide free legal aid.

Key Points:

• Added by 42nd Constitutional Amendment Act, 1976
• Operationalized through Legal Services Authorities Act, 1987 (Lok Adalats)

Article 40: Organization of Village Panchayats

Provision: State to organize village panchayats with necessary powers.

Key Points:

• Gandhian principle
• Forms basis for 73rd Constitutional Amendment Act, 1992 (Panchayati Raj)

Article 41: Right to Work, Education, and Public Assistance

Provision: State to secure right to work, education, and public assistance.

Key Points:

• Within limits of economic capacity
• Programs like MGNREGA draw mandate from this article

Article 42: Just and Humane Conditions of Work

Provision: Protect workers' dignity and support female workforce participation.

Key Points:

• Maternity Benefit Act, 1961 manifestation of this directive

Article 43: Living Wage for Workers

Provision: Secure living wage and decent standard of life for all workers.

Key Points:

• Includes cottage industries in rural areas (Gandhian directive)

Article 43A: Participation of Workers in Management

Provision: Secure worker participation in management of industries.

Key Points:

• Added by 42nd Constitutional Amendment Act, 1976

Article 43B: Promotion of Cooperative Societies

Provision: Promote voluntary formation and autonomous functioning of cooperatives.

Key Points:

• Added by 97th Constitutional Amendment Act, 2011

Article 44: Uniform Civil Code

Provision: State to endeavor to secure Uniform Civil Code throughout India.

Key Points:

• Liberal-Intellectual principle
• Remains a contentious and unimplemented directive

Article 45: Early Childhood Care and Education

Provision: Provide ECCE for children below 6 years.

Key Points:

• Entirely changed by 86th CAA (2002)
• Originally mandated education up to 14 years (now Article 21A)
• Provides basis for National Education Policy 2020

Article 46: Promotion of Interests of SCs, STs, and Weaker Sections

Provision: Promote educational and economic interests with special care.

Key Points:

• Gandhian principle
• Protect from social injustice and exploitation

Article 47: Duty to Raise Nutrition, Standard of Living, and Public Health

Provision: Improve public health and standard of living.

Key Points:

• Includes directive for prohibition of intoxicating drinks and drugs (Gandhian)
• Basis for Ayushman Bharat Mission and state health acts

Article 48: Organization of Agriculture and Animal Husbandry

Provision: Organize agriculture and animal husbandry on modern, scientific lines.

Key Points:

• Includes Gandhian directive on cow protection
• Prohibits slaughter of cows, calves, and milch/draught cattle

Article 48A: Protection and Improvement of Environment

Provision: Protect and improve environment and safeguard forests and wildlife.

Key Points:

• Added by 42nd CAA (1976)
• Reflects global and national focus on ecological conservation

Article 49: Protection of Monuments and Places of National Importance

Provision: Protect monuments and objects of historic/artistic interest.

Key Points:

• Protects from spoliation, disfigurement, destruction, removal, disposal, or export

Article 50: Separation of Judiciary from Executive

Provision: Separate judiciary from executive in public services.

Key Points:

• Liberal-Intellectual principle
• Ensures independence of lower judiciary

Article 51: Promotion of International Peace and Security

Provision: Endeavor to promote:

• International peace and security
• Just and honorable relations between nations
• Respect for international law and treaties
• Settlement of international disputes by arbitration

Key Points:

• Foundational framework for India's foreign policy

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PART IVA: FUNDAMENTAL DUTIES (Article 51A)

Article 51A: Fundamental Duties of Citizens

Provision: Eleven duties of every citizen of India.

Key Points:

• Added by 42nd Constitutional Amendment Act, 1976 (Sardar Swaran Singh Committee)
• Inspired by USSR Constitution
• Nature: Confined to citizens; non-justiciable (not enforceable by courts)
• Parliament can enforce via suitable legislation

The 11 Fundamental Duties:

Key Points on Duties:

• Swaran Singh Committee recommended duty to pay taxes (not included)
• Verma Committee (1999): Identified legal provisions implementing some duties
• Supreme Court: Laws implementing Fundamental Duties may be deemed "reasonable" under Articles 14 and 19

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PART V: THE UNION (Articles 52-151)

Article 52: The President of India

Provision: There shall be a President of India.

Key Points:

• Head of the Indian State
• First citizen of India
• Symbol of unity, integrity, and solidarity

Article 53: Executive Power of the Union

Provision: Executive power vested in President; exercised directly or through subordinate officers.

Key Points:

• Includes Council of Ministers
• President has supreme command of Defence Forces

Article 54: Election of President

Provision: President elected by Electoral College of elected members only.

Key Points:

• Electoral College Comprises:
  • Elected members of both Houses of Parliament
  • Elected members of State Legislative Assemblies
  • Elected members of Legislative Assemblies of Delhi and Puducherry (70th CAA, 1992)
• Nominated members do NOT participate

Article 55: Manner of Election of President

Provision: Proportional representation by single transferable vote; secret ballot.

Key Points:

• Ensures uniformity and parity between states and Union
• 84th CAA (2001): Population figures frozen at 1971 census until 2026

Article 56: Term of Office of President

Provision: Five-year term from date of assuming office.

Key Points:

• Can resign to Vice-President
• Continues in office until successor assumes office
• Removable only by impeachment

Article 57: Eligibility for Re-election

Provision: No limit on number of terms.

Key Points:

• Difference from US (which limits president to 2 terms)
• Multiple re-elections allowed

Article 58: Qualifications for President

Provision: Must be:

• Citizen of India
• Completed 35 years of age
• Qualified for election as Lok Sabha member
• Not hold any office of profit

Article 59: Conditions of President's Office

Provision:

• Cannot be MP, MLA, or hold any office of profit
• Emoluments cannot be diminished during term

Article 60: Oath by President

Provision: Sworn to "preserve, protect and defend the Constitution and the law."

Key Points:

• Administered by Chief Justice of India
• Differs from oath of Ministers and MPs

Article 61: Procedure for Impeachment

Provision: Only ground is "violation of the Constitution."

Key Points:

• Can be initiated by either House
• Requires resolution signed by 1/4 of members with 14-day notice
• Must pass by 2/3 majority (highest majority required in Constitution)
• Nominated MPs can participate (unlike in election)
• State Assembly members cannot participate (unlike in election)

Article 63: The Vice-President of India

Provision: Second-highest constitutional office.

Key Points:

• Modeled on American Vice-President

Article 64: Vice-President as Chairman of Rajya Sabha

Provision: Ex officio Chairman of Council of States.

Key Points:

• Ceases to perform duties when acting as President
• Not entitled to Chairman's salary when acting as President

Article 66: Election of Vice-President

Provision: Elected by members of both Houses of Parliament.

Key Points:

• Differences from Presidential Election:
  • Includes both elected AND nominated members
  • State Assembly members do NOT participate
• Must be qualified for Rajya Sabha membership
• Must be 35 years of age

Article 67: Term of Office of Vice-President

Provision: Five-year term.

Key Points:

• Can resign to President
• Removed by Rajya Sabha resolution (effective majority) with Lok Sabha agreement (simple majority)
• No specific grounds mentioned for removal

Article 72: Power to Grant Pardons

Provision: Power to grant pardon, reprieve, respite, remission, commutation of sentences.

Key Points:

• Extends to Court Martial cases, Union law offences, and death sentences
• Landmark Rulings: Exercised on advice of Council of Ministers, not independently
• Difference from Governor: Governor cannot pardon death sentences or Court Martial cases

Article 73: Extent of Executive Power of Union

Provision: Executive power coextensive with legislative power of Parliament.

Key Points:

• Extends to matters where Parliament can legislate
• Extends to exercise of rights under international treaties/agreements

Article 74: Council of Ministers to Aid and Advise President

Provision: Council of Ministers headed by Prime Minister aids and advises President.

Key Points:

• 42nd CAA (1976): Made advice binding on President
• 44th CAA (1978): Added proviso allowing President to require reconsideration

Article 75: Appointment and Conditions of Ministers

Provision:

• PM appointed by President
• Other Ministers appointed by President on PM's advice
• Hold office during President's pleasure
• Collectively responsible to Lok Sabha

Key Points:

• 91st CAA (2003): Total Ministers cannot exceed 15% of Lok Sabha strength

Article 76: Attorney-General for India

Provision: Appointed by President; must be qualified to be SC Judge.

Key Points:

• Highest law officer
• Not full-time servant; can practice privately
• Right of audience in all courts
• Can speak (without vote) in Parliament

Article 77: Conduct of Business of Government

Provision: All executive actions expressed in President's name.

Key Points:

• President can make rules for convenient transaction of government business
• Allows allocation of business among Ministers

Article 78: Prime Minister's Duties

Provision: PM communicates all Cabinet decisions and furnishes information to President.

Key Points:

• PM is primary channel between President and Cabinet
• Constitutional duty to keep President informed

Article 79: Constitution of Parliament

Provision: Parliament has three parts: President, Rajya Sabha, Lok Sabha.

Key Points:

• President is integral part despite not being member
• Bill cannot become law without President's assent

Article 80: Composition of Rajya Sabha

Provision: Maximum strength of 250 (238 state/UT members, 12 nominated).

Key Points:

• Nominated members: Special knowledge in literature, science, art, or social service
• Elected by State Legislatures via proportional representation
• Allocation in Fourth Schedule

Article 81: Composition of Lok Sabha

Provision: Maximum strength of 550 (up to 530 from States, up to 20 from UTs).

Key Points:

• 104th CAA (2019): Repealed provision allowing nomination of 2 Anglo-Indian members
• Direct election by adult suffrage

Article 82: Readjustment After Census

Provision: Readjustment of Lok Sabha seats and constituencies after each census.

Key Points:

• Via Delimitation Commission
• 42nd CAA (1976): Froze allocation at 1971 census until 2000
• 84th CAA (2001): Extended freeze until after 2026 census
• 87th CAA (2003): Allowed readjustment of constituencies (without changing total seats)

Article 86: Right of President to Address Houses

Provision: President can address either House or both Houses.

Key Points:

• Can require attendance of members
• Can send messages to Parliament

Article 87: Special Address by President

Provision: President addresses both Houses after general election and first session each year.

Key Points:

• Outlines government policies and programs
• Followed by Motion of Thanks
• Defeat of Motion = Expression of No-Confidence

Article 88: Rights of Ministers and Attorney-General

Provision: Can speak and participate in either House or Parliament.

Key Points:

• Attorney-General cannot vote
• Ministers can only vote in their House

Article 93: Speaker and Deputy Speaker of Lok Sabha

Provision: Lok Sabha chooses Speaker and Deputy Speaker from its members.

Key Points:

• Convention (11th Lok Sabha onwards): Speaker from ruling party/alliance; Deputy Speaker from opposition

Article 94: Vacation and Removal of Speaker/Deputy Speaker

Provision:

• Vacation upon ceasing membership
• Resignation to each other
• Removal by effective majority resolution with 14-day notice

Key Points:

• Speaker remains in office even when Lok Sabha dissolved until first meeting of new Lok Sabha

Article 98: Secretariat of Parliament

Provision: Each House has separate secretarial staff; common posts may be created.

Article 99: Oath by Members

Provision: Members must take oath before assuming seat.

Key Points:

• Administered by President or appointed person (usually Pro-tem Speaker)

Article 100: Voting in Houses

Provision: Questions decided by majority of votes of members present and voting.

Key Points:

• Speaker/Chairman doesn't vote in first instance but has casting vote in tie
• Quorum: 1/10 of total members

Article 101: Vacation of Seats

Provision:

• Cannot be simultaneously in both Houses
• Cannot be simultaneously in Parliament and State Legislature
• Seat vacated on resignation or disqualification
• Seat declared vacant if absent without permission for 60 days

Article 102: Disqualifications for Membership

Provision: Grounds for disqualification:

• Holding office of profit
• Being of unsound mind
• Being undischarged insolvent
• Not being citizen of India
• Disqualification under any law
• Disqualification under Tenth Schedule (defection)

Article 103: Decision on Disqualifications

Provision: Referred to President (except defection cases which go to presiding officer).

Key Points:

• President must obtain Election Commission opinion and act accordingly
• Defection decided by Speaker/Chairman (subject to judicial review - Kihoto Hollohan Case)

Article 104: Penalty for Sitting Without Oath

Provision: ₹500 per day penalty for sitting/voting without oath or when disqualified.

Article 105: Powers and Privileges of Parliament Members

Provision: Freedom of speech in Parliament (subject to Constitution and rules).

Key Points:

• Absolute immunity from court proceedings for anything said/voted in Parliament
• Immunity from liability for publication by authority of House
• Exception: Article 121 restricts discussion on judges' conduct

Article 107: Provisions for Introduction and Passing of Bills

Provision: Ordinary bills can originate in either House.

Key Points:

• Bill deemed passed when agreed to by both Houses
• Lapsing Rules:
  • Bill in Lok Sabha lapses on dissolution
  • Bill passed by LS but pending in RS lapses
  • Bill pending in RS not passed by LS does NOT lapse
  • Bill pending President assent does NOT lapse
  • Bill for joint sitting (before dissolution) does NOT lapse

Article 108: Joint Sitting of Both Houses

Provision: Mechanism to resolve deadlock on Ordinary or Financial Bills.

Key Points:

• NOT for Money Bills or Constitutional Amendments
• Can be called if: Bill rejected, Houses disagree on amendments, or 6 months elapsed
• Historical: Only 3 joint sittings: Dowry Bill (1960), Banking Bill (1977), POTA (2002)

Article 109: Special Procedure for Money Bills

Provision: Money Bill introduced only in Lok Sabha with President's prior recommendation.

Key Points:

• Rajya Sabha has restricted powers: 14 days, recommendations only
• LS can accept/reject recommendations
• If RS doesn't return in 14 days, deemed passed

Article 110: Definition of Money Bills

Provision: Deals with taxes, borrowing, Consolidated Fund, Contingency Fund.

Key Points:

• Crucial: Speaker's decision is final on Money Bill status
• Not merely because it provides fines/fees

Article 111: Assent to Bills

Provision: President can:

• Declare assent
• Withhold assent (absolute veto)
• Return for reconsideration (suspensive veto)

Key Points:

• Cannot return Money Bills for reconsideration
• If returned bill repassed and resubmitted, President must assent
• No time limit prescribed (pocket veto possible)
• 24th CAA (1971): Presidential assent to Constitutional Amendments is mandatory

Article 112: Annual Financial Statement

Provision: President causes AFS to be laid before both Houses.

Key Points:

• Shows estimated receipts and expenditure
• Distinguishes charged expenditure (non-votable) from other expenditure (votable)

Article 117: Special Provisions for Financial Bills

Provision: Two categories of Financial Bills.

Key Points:

• Category I: Like Money Bills plus general legislation; follows ordinary bill procedure for RS
• Category II: Expenditure matters but not in Article 110; ordinary bill procedure but needs President's recommendation

Article 118: Rules of Procedure

Provision: Each House makes rules for its procedure and conduct of business.

Key Points:

• President (after consulting both Houses) makes joint sitting rules
• Crucial: Speaker presides over joint sitting, not Chairman

Article 120: Language in Parliament

Provision: Hindi and English for business in Parliament.

Key Points:

• Members can address in mother tongue with Speaker's permission
• English originally to cease after 15 years (Official Languages Act, 1963 allowed continuation)

Article 121: Restriction on Discussion in Parliament

Provision: Cannot discuss conduct of judges in discharge of duties.

Key Points:

• Exception: When considering removal address to President
• Ensures separation of powers

Article 122: Courts Not to Inquire into Parliament Proceedings

Provision: Validity of parliamentary proceedings cannot be questioned in court.

Key Points:

• Cannot call irregularity of procedure into question
• Officers regulating procedure are immune from court jurisdiction

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PART V: THE UNION - ORDINANCES (Article 123)

Article 123: Power of President to Promulgate Ordinances

Provision: President can issue Ordinances when Parliament is not in session.

Key Points:

• Has same force as Act of Parliament
• Temporary legislation
• Must be laid before both Houses when Parliament reassembles
• Ceases at expiration of 6 weeks from reassembly or if disapproved
• Maximum life: 6 months 6 weeks

Landmark Judgments:

• R.C. Cooper Case (1970): President's satisfaction is subject to judicial review
• D.C. Wadhwa Case (1987) & Krishna Kumar Singh Case (2017): Successive re-promulgation without laying before legislature is unconstitutional

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PART V: THE UNION - THE JUDICIARY (Articles 124-151)

Article 124: Establishment of Supreme Court

Provision: Supreme Court consists of Chief Justice and up to 7 other judges (now 33 + 1 CJI via Parliament).

Key Points:

• Appointment via Collegium system
• Removal: "Proved misbehaviour or incapacity" via address in same session with special majority
• Retirement age: 65 years
• 99th CAA (2014): Tried to establish NJAC (struck down in Fourth Judges Case, 2015)

Article 126: Appointment of Acting Chief Justice

Provision: President appoints acting CJI during vacancy or absence.

Article 127: Appointment of Ad Hoc Judges

Provision: CJI can appoint HC judge as ad hoc SC judge temporarily (with President's consent and consultation).

Article 128: Attendance of Retired Judges

Provision: CJI can request retired judges to sit (with President's consent).

Key Points:

• Entitled to allowances but not deemed permanent judge

Article 129: Supreme Court as Court of Record

Provision: SC judgments recorded permanently; has contempt powers.

Article 136: Special Leave to Appeal

Provision: SC can grant SLP from any court or tribunal (discretionary power).

Key Points:

• Cannot claim as right
• Exception: Does not apply to Court Martial cases

Article 137: Review of Judgments

Provision: SC can review its own judgments.

Key Points:

• Not bound by its own precedents (stare decisis doesn't strictly apply)
• Rupa Ashok Hurra Case (2002): Established "Curative Petition" concept

Article 141: Law Declared by SC is Binding

Provision: Law declared by SC binding on all courts within India.

Key Points:

• Doctrine of precedent (stare decisis)
• SC not bound by itself (Article 137)

Article 142: Enforcement of Decrees and Complete Justice

Provision: SC can pass any decree/order necessary for "complete justice."

Key Points:

• Often invoked in complex socio-political cases
• Decrees enforceable throughout India

Article 143: Advisory Jurisdiction

Provision: President can consult SC on questions of public importance.

Key Points:

• Opinion is advisory, not binding
• Two categories: matters of public importance and pre-constitution disputes

Article 144: Civil and Judicial Authorities to Aid SC

Provision: All authorities shall act in aid of SC.

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PART V: THE UNION - CAG (Articles 148-151)

Article 148: Comptroller and Auditor-General of India

Provision: Establishes independent office of CAG.

Key Points:

• Most important officer (Dr. Ambedkar's view)
• Appointed by President
• Removed like SC judge
• Salary cannot be varied to disadvantage
• Ineligible for further office after retirement

Article 149: Duties and Powers of CAG

Provision: Parliament prescribes duties via CAG (Duties, Powers and Conditions of Service) Act, 1971.

Key Points:

• Audits all government receipts and expenditure (Union and States)
• Primarily functions as Auditor (after expenditure)

Article 150: Form of Accounts

Provision: President prescribes account form (on CAG's advice).

Article 151: Audit Reports

Provision:

• Union: CAG submits reports to President (laid before Parliament)
• States: CAG submits to Governor (laid before State Legislature)

Key Points:

• Examined by Public Accounts Committee

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PART VI: THE STATES (Articles 152-237)

Article 153: Governors of States

Provision: Governor for each State.

Key Points:

• 7th CAA (1956): Same person can be Governor of two or more States

Article 154: Executive Power of State

Provision: Executive power vested in Governor; exercised directly or through subordinates.

Article 155: Appointment of Governor

Provision: President appoints Governor by warrant.

Key Points:

• Canadian model (appointed by Centre)
• Ensures federal control

Article 156: Term of Office of Governor

Provision: Holds office during President's pleasure; normal term is 5 years.

Key Points:

• No specific grounds for removal mentioned
• Point of judicial and political debate

Article 157: Qualifications for Governor

Provision: Must be citizen of India; completed 35 years.

Article 158: Conditions of Governor's Office

Provision:

• Cannot be member of any legislature
• Cannot hold office of profit
• Emoluments cannot be diminished

Article 159: Oath by Governor

Provision: Administered by Chief Justice of HC (or senior available judge).

Key Points:

• Swears to "preserve, protect and defend the Constitution and the law"

Article 160: Discharge of Governor's Functions

Provision: President makes provisions for contingencies (e.g., sudden death).

Article 161: Power to Grant Pardons

Provision: Can pardon, reprieve, respite, remit, commute sentences.

Key Points:

• Difference from President: Cannot pardon death sentences; no power over Court Martial

Article 162: Extent of Executive Power

Provision: Executive power extends to State List and Concurrent List matters.

Article 163: Council of Ministers to Aid Governor

Provision: CM-headed Council aids and advises Governor.

Key Points:

• Nabam Rebia Case (2016): Governor's discretionary powers subject to judicial review

Article 164: Appointment of Ministers

Provision:

• CM appointed by Governor
• Other Ministers by Governor on CM's advice
• Council collectively responsible to State Assembly
• 91st CAA (2003): Ministers not exceed 15% of Assembly strength (min. 12)

Special Provisions:

• 94th CAA (2006): Chhattisgarh, Jharkhand, MP, Odisha have Minister for tribal welfare

Article 165: Advocate-General for State

Provision: Appointed by Governor; must be HC judge-qualified.

Key Points:

• Highest law officer of State
• Holds office during Governor's pleasure

Article 166: Conduct of Business of State

Provision: Actions expressed in Governor's name; Governor makes business conduct rules.

Article 167: Chief Minister's Duties

Provision: CM communicates all Cabinet decisions and furnishes information to Governor.

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PART VI: STATE LEGISLATURES (Articles 168-202)

Article 168: Constitution of State Legislatures

Provision: State Legislature consists of Governor and one or two Houses.

Key Points:

• Currently, 6 states have bicameral legislatures: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka

Article 169: Abolition or Creation of Legislative Councils

Provision: Parliament can abolish or create Legislative Councils.

Key Points:

• State Assembly must pass resolution by special majority
• Not a constitutional amendment

Article 170: Composition of Legislative Assemblies

Provision: Maximum 500, minimum 60 members (direct election).

Key Points:

• 84th CAA (2001): Seats frozen until 2026
• Exceptions for Sikkim, Goa, Mizoram (via separate amendments)

Article 171: Composition of Legislative Councils

Provision: Maximum 1/3 of Assembly strength, minimum 40.

Key Points:

• Composition:
  • 1/3: Local bodies elected members
  • 1/12: Graduates
  • 1/12: Teachers
  • 1/3: Assembly members (indirect)
  • 1/6: Governor's nominees
  • Note: "Cooperative movement" is additional ground for nominations (unlike Rajya Sabha)

Article 191: Disqualifications for State Legislature Membership

Provision: Office of profit, unsound mind, insolvency, citizenship, under any law, defection (Tenth Schedule).

Article 192: Decision on Disqualifications

Provision: Referred to Governor (except defection to presiding officer).

Key Points:

• Governor must obtain Election Commission opinion

Article 194: Powers and Privileges

Provision: Freedom of speech in Legislature; immunity from court proceedings.

Article 199: Definition of Money Bills

Provision: Similar to Article 110 for Union.

Key Points:

• Speaker's decision is final

Article 200: Assent to Bills

Provision: Governor can assent, withhold assent, return for reconsideration, or reserve for President.

Key Points:

• Mandatory Reservation: Bills derogating HC powers
• Optional reservations: Constitutional violations, DPSP violations, national interest, property acquisition

Article 201: Reserved Bills

Provision: President can assent, withhold, or direct reconsideration.

Key Points:

• If resubmitted after reconsideration, President not bound to assent (absolute veto)

Article 202: Annual Financial Statement

Provision: Governor lays State Budget before Legislature.

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PART VI: HIGH COURTS (Articles 214-231)

Article 214: High Courts for States

Provision: High Court for each State (apex of state judicial system).

Article 215: High Court as Court of Record

Provision: Judgments recorded permanently; has contempt powers.

Article 216: Constitution of High Courts

Provision: Chief Justice and such other judges as President deems necessary.

Key Points:

• Unlike SC (fixed by Parliament), HC strength at President's discretion

Article 217: Appointment and Conditions of HC Judges

Provision:

• Appointed by President (Collegium system)
• CJ consulted for HC Chief Justice
• Retirement age: 62 years
• Qualifications: 10 years judicial office OR 10 years advocate (unlike SC where distinguished jurist is option)

Article 219: Oath by HC Judges

Provision: Administered by Governor (or appointed person).

Article 222: Transfer of Judge

Provision: President can transfer judge between High Courts (after CJI consultation).

Key Points:

• Third Judges Case (1998): Collegium of 4 senior SC judges must be consulted

Article 223: Appointment of Acting Chief Justice

Provision: President appoints acting CJ during vacancy/absence.

Article 224: Additional and Acting Judges

Provision: Can be appointed for up to 2 years; cannot hold office beyond 62 years.

Article 226: Power to Issue Writs

Provision: Can issue writs for enforcement of FR and "any other purpose."

Key Points:

• Crucial: Broader than SC jurisdiction (SC writs only for FRs)
• 42nd CAA severely restricted; 44th CAA restored

Article 227: Superintendence Over Subordinate Courts

Provision: HC has administrative and judicial superintendence.

Key Points:

• Exception: Does not extend to Armed Forces courts

Article 230: Extension of HC Jurisdiction to Union Territories

Provision: Parliament can extend HC jurisdiction to UTs.

Key Points:

• Example: Kerala HC covers Lakshadweep; Calcutta HC covers Andaman & Nicobar

Article 231: Common High Court for Multiple States

Provision: Parliament can establish common HC for two or more States/UTs.

Key Points:

• Example: Punjab & Haryana HC; Bombay HC for Maharashtra, Goa, and other territories

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PART VI: SUBORDINATE COURTS (Articles 233-235)

Article 233: Appointment of District Judges

Provision: District judges appointed by Governor (in consultation with HC).

Key Points:

• Eligibility: Advocate/pleader for 7 years (if not already in service)

Article 234: Recruitment to State Judicial Service

Provision: Appointments via Governor after SPSC and HC consultation.

Article 235: Control Over Subordinate Courts

Provision: HC has control over district and subordinate courts.

Key Points:

• Ensures judicial independence from executive

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PART VIII: UNION TERRITORIES (Articles 239-242)

Article 239: Administration of Union Territories

Provision: UT administered by President through appointed Administrator (LG, Chief Commissioner, or Administrator).

Key Points:

• Governor of neighboring state can also be Administrator

Article 239A: Creation of Local Legislatures

Provision: Parliament can create Legislature and/or Council of Ministers (14th CAA, 1962).

Key Points:

• Applied to Puducherry

Article 239AA: Special Provisions for Delhi

Provision: Highly important article added by 69th CAA, 1991.

Key Points:

• NCT of Delhi: Designated Lieutenant Governor as administrator
• Created: Legislative Assembly and Council of Ministers
• Crucial Exclusions: LG retains control over Public Order, Police, Land
• Ongoing Dispute: Between elected Delhi government and LG

Article 240: Power of President to Make Regulations

Provision: President can make regulations for certain UTs (Andaman & Nicobar, Lakshadweep, DDNH, Puducherry).

Key Points:

• Regulation has force of Act of Parliament
• Can repeal Acts of Parliament for that UT
• For Puducherry, only when assembly suspended/dissolved

Article 241: High Courts for Union Territories

Provision: Parliament can constitute HC for UT or declare court as HC.

Key Points:

• Delhi and J&K are only UTs with separate HCs

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PART IX: THE PANCHAYATS (Articles 243-243O)

Note: Added by 73rd Constitutional Amendment Act, 1992 (constitutional status to PRIs).

Article 243A: Gram Sabha

Provision: Village assembly of all registered voters in Panchayat area.

Key Points:

• Powers determined by State Legislature

Article 243B: Constitution of Panchayats

Provision: Three-tier system: Village, Block (Intermediate), and District.

Key Points:

• States with population ≤ 20 lakhs may skip intermediate tier

Article 243C: Composition of Panchayats

Provision: All members chosen by direct election.

Key Points:

• Chairperson at intermediate/district levels elected indirectly
• Village Sarpanch: Determined by State Legislature (direct or indirect)

Article 243D: Reservation of Seats

Provision:

Article 243E: Duration of Panchayats

Provision: Five-year tenure from first meeting.

Key Points:

• If dissolved prematurely, elections within 6 months
• Reconstituted Panchayat serves remainder of term (not fresh 5 years)
• If remainder < 6 months, elections not mandatory

Article 243F: Disqualifications for Membership

Provision: Disqualified under election laws; minimum age 21 years (unlike 25 for MLAs).

Article 243G: Powers and Responsibilities

Provision: State Legislature empowers Panchayats as self-government institutions.

Key Points:

• Relates to 29 matters in Eleventh Schedule (agriculture, housing, drinking water, poverty alleviation, etc.)

Article 243H: Taxation and Funds

Provision: State Legislature can authorize taxation; grants from Consolidated Fund.

Article 243I: Finance Commission

Provision: Governor constitutes State Finance Commission within 1 year and every 5 years.

Key Points:

• Reviews financial position; recommends tax distribution and grants

Article 243J: Audit of Panchayat Accounts

Provision: State Legislature provisions for account maintenance and auditing.

Article 243K: Elections to Panchayats

Provision: Vests State Election Commission with superintendence and direction.

Key Points:

• State Election Commissioner appointed by Governor
• Removal like HC judge
• Conditions cannot be varied to disadvantage after appointment

Article 243L & 243M: Application to UTs and Exemptions

Provision:

• Can be applied to UTs by President
• Does NOT apply to Scheduled Areas (5th Schedule), Tribal Areas (6th Schedule), Nagaland, Meghalya, Mizoram

Key Points:

• PESA Act (1996) extends to Scheduled Areas with modifications

Article 243N & 243O: Continuance and Court Bar

Provision: Court cannot question delimitation or seat allotment validity.

Key Points:

• Election petitions only to authority prescribed by State Legislature

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PART IXA: THE MUNICIPALITIES (Articles 243P-243ZG)

Note: Added by 74th Constitutional Amendment Act, 1992 (constitutional status to ULBs).

Article 243Q: Types of Municipalities

Provision: Three types:

• Nagar Panchayat (rural to urban transition)
• Municipal Council (smaller urban area)
• Municipal Corporation (larger urban area)

Article 243R & 243S: Composition

Provision: All members elected directly by ward voters.

Key Points:

• Wards Committees (243S): For municipalities with 3+ lakh population

Article 243T: Reservation of Seats

Provision: Same principles as Panchayats (SC/STs, women, OBCs).

Article 243U: Duration

Provision: Five-year term; same rules as Panchayats for dissolution/reconstitution.

Article 243V & 243W: Disqualifications and Powers

Provision:

• Minimum age: 21 years
• Functions relate to 18 matters in Twelfth Schedule (urban planning, health, fire services, waste management, etc.)

Article 243X, 243Y, 243Z & 243ZA: Finance and Elections

Provision:

• Financial powers determined by State Legislature
• State Finance Commission reviews municipal finances
• State Election Commission conducts elections

Article 243ZD: District Planning Committee

Provision: Consolidates Panchayat and Municipality plans for district.

Key Points:

• 80% members elected from district Panchayats and Municipalities

Article 243ZE: Metropolitan Planning Committee

Provision: For metropolitan areas (10+ lakh population).

Key Points:

• 66.6% members elected from municipalities and Panchayat Chairpersons

Article 243ZF & 243ZG: Continuance and Court Bar

Provision: Court cannot question delimitation or court bar electoral interference.

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PART X: SCHEDULED AND TRIBAL AREAS (Articles 244-244A)

Article 244: Administration of Scheduled and Tribal Areas

Provision: Special administration for tribal populations.

Key Points:

Fifth Schedule:

• President can declare and alter Scheduled Area boundaries
• Governor has special powers regarding PA acts and SL acts
• Tribes Advisory Council (TAC) mandatory

Sixth Schedule:

• Autonomous Districts with District Councils (max 30 members)
• Governor can divide into Autonomous Regions
• Council powers over land, forests, inheritance, marriage, social customs
• PESA Act (1996): Extended Part IX to Scheduled Areas

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PART XI: RELATIONS BETWEEN UNION AND STATES (Articles 245-263)

Article 245: Extent of Legislative Powers

Provision: Parliament legislates for whole/part of India; State Legislature for whole/part of State.

Key Points:

• Only Parliament has extra-territorial jurisdiction

Article 246: Subject-Matter of Laws

Provision: Divides legislative powers via Seventh Schedule (Three Lists).

Key Points:

• Union List: Parliament exclusive power
• State List: State exclusive power
• Concurrent List: Both; central law prevails (Article 254)
• Doctrines: Pith and Substance (determine law's true nature); Colourable Legislation

Article 248: Residuary Powers

Provision: Parliament has exclusive power over matters not in Lists.

Key Points:

• Reflects strong centralizing tendency (unlike US/Australia)
• Includes residuary taxation

Article 249: Parliament Legislates on State List in National Interest

Provision: Parliament can make State List laws if Rajya Sabha declares national interest requires it.

Key Points:

• Special Majority in Rajya Sabha required
• Resolution valid for 1 year (can be renewed infinitely)
• Law ceases 6 months after resolution expiry

Article 250: Parliament's Power During National Emergency

Provision: Parliament can legislate on State List matters during National Emergency.

Key Points:

• Law becomes inoperative 6 months after emergency ceases

Article 252: Parliament Legislates for States by Consent

Provision: If State Legislatures request, Parliament can legislate on State List matters.

Key Points:

• Once surrendered, only Parliament can amend/repeal (e.g., Wildlife Protection Act, 1972)

Article 253: Legislation for International Agreements

Provision: Parliament can legislate on any matter to implement treaties/agreements.

Key Points:

• Allows implementation even if subject falls under State List

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PART XI: ADMINISTRATIVE RELATIONS (Articles 262-263)

Article 262: Adjudication of Inter-State River Disputes

Provision: Parliament provides for adjudication of inter-state river disputes.

Key Points:

• Can exclude SC and other courts from jurisdiction
• Inter-State Water Disputes Act, 1956: Enacted under this

Article 263: Inter-State Council

Provision: President can establish council to inquire into disputes and investigate common subjects.

Key Points:

• Established in 1990 (Sarkaria Commission recommendation)
• Recommendatory body emphasizing cooperative federalism

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PART XII: FINANCE, PROPERTY, CONTRACTS AND SUITS (Articles 264-300A)

Article 265: Taxes Not to be Imposed Except by Law

Provision: Rule of Law in taxation; no arbitrary levies.

Key Points:

• Tax must be backed by valid law

Article 266: Consolidated Funds and Public Accounts

Provision:

Article 267: Contingency Fund

Provision: Fund at President/Governor's disposal for unforeseen expenditure.

Key Points:

• Pending parliamentary authorization
• Operated by Finance Secretary

Article 279A: GST Council

Provision: Established by 101st Constitutional Amendment Act, 2016.

Key Points:

• Chaired by Union Finance Minister
• Voting: Centre 1/3, States 2/3 (75% weighted votes required)

Article 280: Finance Commission

Provision: Constituted by President every 5 years (or earlier).

Key Points:

• Quasi-judicial body
• Recommends: Tax distribution (vertical devolution), inter-state allocation (horizontal devolution), grants-in-aid

Article 281: Finance Commission Recommendations

Provision: President causes recommendations to be laid before Parliament with explanatory memorandum.

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PART XII: BORROWING (Articles 292-293)

Article 292: Borrowing by Union Government

Provision: Executive power extends to borrowing upon Consolidated Fund security.

Key Points:

• Parliament can fix borrowing limits by law (FRBM Act, 2003)

Article 293: Borrowing by States

Provision: States can borrow within India upon Consolidated Fund security.

Key Points:

• Cannot raise foreign loans directly
• Centre's consent needed if previous loan outstanding

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PART XII: RIGHT TO PROPERTY (Article 300A)

Article 300A: Right to Property

Provision: "No person shall be deprived of his property save by authority of law."

Key Points:

• Inserted by 44th Constitutional Amendment Act, 1978
• Simultaneously: Right to property removed from Fundamental Rights (deleted Articles 19(1)(f) and 31)
• Now a legal/constitutional right (not Fundamental)
• Can be challenged in High Court under Article 226, not Supreme Court under Article 32
• Implication: Legislature can deprive by law; executive cannot by mere order

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PART XIII: TRADE, COMMERCE AND INTERCOURSE (Articles 301-307)

Article 301: Freedom of Trade, Commerce and Intercourse

Provision: Trade, commerce, and intercourse throughout India is free.

Key Points:

• Freedom not absolute; subject to Articles 302-305

Article 304: Restrictions on Interstate Trade

Provision: States can impose taxes and reasonable restrictions.

Key Points:

• Similar tax requirement (no discrimination against imports)
• "Reasonable restrictions" require President's prior sanction (bill introduced in State Legislature)

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PART XIV: SERVICES (Articles 308-323)

Article 312: All-India Services

Provision: Parliament can create All-India Services common to Union and States.

Key Points:

• Mandatory: Rajya Sabha resolution with 2/3 special majority required
• Protects federal structure
• Services: IAS, IPS (originally); IFS created in 1966

Article 315: Public Service Commissions

Provision: UPSC and SPSC; can establish JSPSC.

Key Points:

• UPSC: Constitutional body
• SPSC: Constitutional body
• JSPSC: Statutory body (for multiple states with agreement)

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PART XIVA: TRIBUNALS (Articles 323A-323B)

Note: Added by 42nd Constitutional Amendment Act, 1976 (Swaran Singh Committee).

Article 323A: Administrative Tribunals

Provision: Parliament can establish tribunals for recruitment and service conditions disputes.

Key Points:

• Administrative Tribunals Act, 1985 created CAT and SATs

Article 323B: Tribunals for Other Matters

Provision: Parliament/State Legislatures establish tribunals for various disputes (taxation, labor, land, etc.).

Key Points:

• L. Chandra Kumar Case (1997): Struck down provisions excluding HC writ jurisdiction; tribunals subject to judicial review

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PART XV: ELECTIONS (Articles 324-329A)

Article 324: Election Commission of India

Provision: Establishes permanent, independent ECI.

Key Points:

• Conducts elections to Parliament, State Legislatures, President, Vice-President
• Does NOT conduct Panchayat/Municipality elections (State Election Commission)
• Composition: 1 CEC + 2 ECs (President can vary)
• CEC removal like SC judge

Article 325: No Discrimination in Electoral Roll

Provision: No person ineligible on grounds of religion, race, caste, sex.

Key Points:

• Mandates single general electoral roll (rejects colonial separate electorates)

Article 326: Adult Suffrage

Provision: Elections on basis of universal adult franchise.

Key Points:

• 61st CAA (1988): Reduced voting age from 21 to 18 years
• Disqualifications: Non-residence, unsoundness, crime, corrupt practice

Article 329: Bar to Interference by Courts in Electoral Matters

Provision: Validity of constituency delimitation/seat allotment cannot be questioned.

Key Points:

• Election petitions only to authority provided by law (High Courts under RPA, 1951)

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PART XVI: SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES (Articles 330-342A)

Article 330: SC/ST Reservation in Lok Sabha

Provision: Seats reserved based on population ratio.

Key Points:

• Reserved constituencies; no separate electorates
• 104th CAA (2019): Extended until 2030; removed Anglo-Indian nomination provision (331)

Article 335: Claims of SCs and STs in Services

Provision: Claims considered consistently with administrative efficiency.

Key Points:

• 82nd CAA (2000): Added proviso allowing relaxation of qualifying marks and lowered standards for SC/ST promotion

Article 338: National Commission for Scheduled Castes

Provision: Multi-member constitutional body (created by 65th CAA, 1990).

Key Points:

• 89th CAA (2003): Separated from STs; made standalone
• Investigates SC constitutional safeguards; civil court powers

Article 338A: National Commission for Scheduled Tribes

Provision: Separate constitutional body (created by 89th CAA, 2003).

Key Points:

• Addresses unique cultural, social, economic needs of STs

Article 338B: National Commission for Backward Classes

Provision: Created by 102nd Constitutional Amendment Act, 2018.

Key Points:

• Elevated previously statutory NCBC (1993) to constitutional status
• Parity with NCSC and NCST

Article 340: Commission for Investigating Backward Classes

Provision: President can appoint commission.

Key Points:

• Basis for Kaka Kalelkar Commission (1953) and Mandal Commission (1979)

Article 341: Scheduled Castes

Provision: President (after Governor consultation) specifies SC list.

Key Points:

• Initial notification by President
• Subsequent modifications only by Parliament

Article 342: Scheduled Tribes

Provision: President specifies ST list (mirrors Article 341).

Article 342A: Socially and Educationally Backward Classes

Provision: Added by 102nd CAA, 2018.

Key Points:

• 105th CAA (2021): Clarified States retain power to identify own SEBC lists (may differ from Central list)

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PART XVII: OFFICIAL LANGUAGE (Articles 343-351)

Article 343: Official Language of Union

Provision: Hindi in Devanagari script is official language.

Key Points:

• Originally to be sole language after 15 years (until 1965)
• Official Languages Act, 1963: Allowed indefinite continuation of English
• Parliament can extend English's use

Article 345: Official Language of States

Provision: State Legislature can adopt any language(s) or Hindi.

Key Points:

• Provides linguistic autonomy; not obligated to choose from Eighth Schedule

Article 348: Language in Supreme Court and High Courts

Provision: English for proceedings, acts, bills, rules, regulations (until Parliament provides otherwise).

Key Points:

• Exception: Governor (with President consent) can authorize HC proceedings in Hindi or state language
• Judgments/decrees must remain in English unless Parliament legislates

Article 350: Language of Representations

Provision: Right to submit grievance redress representation in Union/State languages.

Article 350A: Mother-Tongue Instruction at Primary Stage

Provision: Added by 7th CAA, 1956.

Key Points:

• States/local authorities endeavor to provide mother-tongue instruction for linguistic minority children

Article 350B: Special Officer for Linguistic Minorities

Provision: Added by 7th CAA, 1956.

Key Points:

• President appoints officer to investigate constitutional safeguards for linguistic minorities

Article 351: Development of Hindi

Provision: Union's duty to promote and develop Hindi.

Key Points:

• Draw vocabulary from Sanskrit (primarily) and other languages (secondarily)
• Enrich Hindi as medium for composite Indian culture

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PART XVIII: EMERGENCY PROVISIONS (Articles 352-360)

Article 352: National Emergency

Provision: President proclaims emergency if India's/part's security threatened by war, external aggression, or armed rebellion.

Key Points:

• 44th CAA (1978) Amendments:
  • Replaced "internal disturbance" with "armed rebellion"
  • Requires Cabinet written recommendation
  • Parliamentary approval: Both Houses within 1 month (Special Majority)
  • Once approved, continues 6 months; can extend indefinitely with 6-monthly approval
• Invocations: 1962 (China), 1971 (Pakistan), 1975 ("internal disturbance")

Article 355: Union's Duty to Protect States

Provision: Centre must protect states against external aggression and internal disturbance.

Key Points:

• Justifies Article 356 (President's Rule) invocation

Article 356: President's Rule (Constitutional Breakdown)

Provision: President assumes state government functions if satisfied state government cannot operate per Constitution.

Key Points:

• Invoked via Governor's report or otherwise; can also be triggered by Article 365 (state non-compliance)
• Requires both Houses approval (simple majority) within 2 months
• Maximum Duration:
  • First year: No Emergency needed
  • Beyond 1 year: National Emergency + EC certification that elections are difficult
  • Overall: 3 years maximum
• S.R. Bommai Case (1994): Proclamation subject to judicial review; strict guidelines to prevent misuse; assembly cannot be dissolved until Parliament approves

Article 358: Suspension of Article 19 During Emergency

Provision: Automatic suspension of Article 19 rights upon National Emergency declaration.

Key Points:

• 44th CAA (1978): Only suspended during war or external aggression emergency; NOT during armed rebellion

Article 359: Suspension of Enforcement of Fundamental Rights

Provision: Suspends right to move court for FR enforcement (not rights themselves).

Key Points:

• Requires separate Presidential Order
• 44th CAA (1978): Cannot suspend enforcement of Articles 20 and 21

Article 360: Financial Emergency

Provision: President proclaims if financial stability/credit of India threatened.

Key Points:

• Requires parliamentary approval (simple majority) within 2 months
• Continues indefinitely until revoked (no maximum period)
• Effects: Reduction of salaries/allowances (including SC/HC judges)
• Historical: Never invoked (even during 1991 crisis)

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PART XIX: MISCELLANEOUS (Articles 361-367)

Article 361: Protection of President and Governors

Provision: Absolute immunity from court answerable.

Key Points:

• Cannot be arrested/imprisoned during term for official acts
• No criminal proceedings during term
• Civil Exception: Civil proceedings on personal acts with 2-month advance written notice allowed

Article 361A: Protection of Press Publishing Parliamentary Proceedings

Provision: Added by 44th CAA, 1978.

Key Points:

• Protects press/individuals from court proceedings for substantially true reports (no malice)
• Exception: Secret sittings excluded

Article 361B: Disqualification from Remunerative Political Posts

Provision: Added by 91st CAA, 2003.

Key Points:

• MPs/MLAs disqualified on defection grounds also disqualified from remunerative political posts
• Duration: From disqualification date until term expiry or re-election

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PART XX: AMENDMENT OF THE CONSTITUTION (Article 368)

Article 368: Power and Procedure for Constitutional Amendment

Provision: Parliament has exclusive constituent power to amend Constitution.

Key Points:

Federal Provisions Requiring State Ratification:

• Election of President (Article 54)
• Election of Vice-President (Article 66)
• Distribution of legislative powers (Articles 245-255)
• Representation in Parliament (Articles 81-82)
• Article 368 itself

Landmark Judgment: Kesavananda Bharati Case (1973) - Parliament cannot destroy or alter "Basic Structure" of Constitution (judicial review of amendments introduced).

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SPECIAL ARTICLES ON STATES (Articles 371-371J)

Articles 371 to 371J: Special Provisions for States

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THE 12 SCHEDULES OF THE INDIAN CONSTITUTION

Complete Schedule Details

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Important Constitutional Concepts and Doctrines

Doctrines Derived from Constitution

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Key Amendments Overview

Major Constitutional Amendments Affecting Articles

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FAQs

Q: What is the difference between Fundamental Rights and Directive Principles?

Q: What is the Basic Structure Doctrine?

The Supreme Court, in the Kesavananda Bharati Case (1973), held that although Parliament has vast powers to amend the Constitution under Article 368, it cannot alter or destroy the "Basic Structure" of the Constitution. The basic structure includes features like:

• Parliamentary democracy
• Secularism
• Federalism
• Judicial independence
• Fundamental Rights

Q: What is the difference between Article 31 and Article 300A?

• Article 31 (deleted by 44th CAA, 1978): Was a Fundamental Right to property
• Article 300A (inserted by 44th CAA, 1978): Legal right to property; person cannot be deprived except by law (legislature can deprive via law; executive cannot by mere order)

Q: What are the three lists in the Seventh Schedule?

1. Union List (List I): 97 subjects under exclusive Parliament control (defense, foreign relations, taxation, etc.)
2. State List (List II): 66 subjects under exclusive State Legislature control (police, education, agriculture, etc.)
3. Concurrent List (List III): 47 subjects where both can legislate; central law prevails in case of conflict (criminal law, contract law, etc.)

Q: Can the President refuse assent to a bill?

For Ordinary Bills: Yes, the President can:

• Give assent (bill becomes law)
• Withhold assent (absolute veto)
• Return for reconsideration (suspensive veto)

For Constitutional Amendment Bills: No. The 24th CAA (1971) made it mandatory for the President to give assent.

For Money Bills: The President cannot return for reconsideration.

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Key takeaways:

• The Constitution protects both individual rights (justiciable) and social goals (non-justiciable)
• It establishes a parliamentary democracy with checks and balances
• It provides for a federal structure with division of powers between Centre and States
• It guarantees constitutional protection through judicial review
• It can be amended by Parliament, but the basic structure cannot be destroyed

For aspirants preparing for competitive examinations like UPSC, RAS, HPSC, and other state-level exams, a thorough understanding of these articles is crucial. The Constitution remains a living document, regularly interpreted by the Supreme Court to meet contemporary constitutional challenges while protecting its basic structure.