22 Parts · 395 Articles · 12 Schedules · 105 Amendments
The Constitution.
“The Constitution is not a mere lawyers' document. It is a vehicle of life, and its spirit is always the spirit of the age.”
— Dr. B.R. Ambedkar
395+
Articles
12
Parts
106+
Amendments
1950
Year
Defines India as a Union of States. Parliament can alter state names, boundaries, and create new states.
- India is a 'Union of States' — not a federation (no right to secede)
- Parliament can form new states or alter boundaries by simple majority
- Schedule I lists all 28 states and 8 Union Territories
Articles in this Part
Art 1Name and territory of the Union
India, that is Bharat, shall be a Union of States. The States and the territories thereof shall be as specified in the First Schedule. The territory of India shall comprise— (a) the territories of the States; (b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired.
Art 2Admission or establishment of new States
Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
Art 2ASikkim to be associated with the Union
[Repealed by the Constitution (Thirty-sixth Amendment) Act, 1975]
Art 3Formation of new States and alteration of areas, boundaries or names of existing States
Parliament may by law— (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State.
Art 4Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules
Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
Provisions relating to citizenship at the commencement of the Constitution. Parliament governs citizenship by law.
- Citizenship Act 1955 governs acquisition and termination of citizenship
- Single citizenship — unlike the USA's dual (state & national) citizenship
- Art. 11: Parliament has plenary power to make citizenship laws
Articles in this Part
Art 10Continuance of the rights of citizenship
Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
Art 11Parliament to regulate the right of citizenship by law
Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
Art 5Citizenship at the commencement of the Constitution
At the commencement of this Constitution, every person who has his domicile in the territory of India and— (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.
Art 6Rights of citizenship of certain persons who have migrated to India from Pakistan
Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if— (a) he or either of his parents or any of his grandparents was born in India; and (b) he has been ordinarily resident in the territory of India since the date of his migration or for not less than six months immediately preceding the date of the commencement of this Constitution.
Art 7Rights of citizenship of certain migrants to Pakistan
Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India.
Art 8Rights of citizenship of certain persons of Indian origin residing outside India
Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935, and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing.
Art 9Persons voluntarily acquiring citizenship of a foreign State not to be citizens
No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.
Justiciable rights guaranteed to every person against state action — the bedrock of India's constitutional democracy.
- 6 categories: Equality, Freedom, Against Exploitation, Religion, Cultural-Educational, Constitutional Remedies
- Art. 32: Right to Constitutional Remedies — 'Heart & Soul of the Constitution' (Ambedkar)
- Can be suspended only during National Emergency (Art. 352)
Articles in this Part
Art 12Definition of State
In this Part, unless the context otherwise requires, 'the State' includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
Art 12-13Definition & Scope
Article 12 defines "State" to include the Government of India, Parliament, State Governments and Legislatures, and all local or other authorities within or under the control of the Government of India. Article 13 renders all pre-constitution laws inconsistent with fundamental rights void, and prohibits the State from making laws that abridge these rights.
Art 13Laws inconsistent with or in derogation of the fundamental rights
All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
Art 14Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Art 15Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
Art 16Equality of opportunity in matters of public employment
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
Art 17Abolition of Untouchability
"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.
Art 18Abolition of titles
No title, not being a military or academic distinction, shall be conferred by the State. No citizen of India shall accept any title from any foreign State.
Art 19Protection of certain rights regarding freedom of speech, etc.
All citizens shall have the right— (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions or co-operative societies; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (g) to practise any profession, or to carry on any occupation, trade or business.
Art 20Protection in respect of conviction for offences
No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. No person shall be prosecuted and punished for the same offence more than once. No person accused of any offence shall be compelled to be a witness against himself.
Art 21Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
Art 21ARight to education
The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
Art 22Protection against arrest and detention in certain cases
No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest.
Art 23Prohibition of traffic in human beings and forced labour
Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
Art 24Prohibition of employment of children in factories, etc.
No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Art 25Freedom of conscience and free profession, practice and propagation of religion
Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
Art 25-28Right to Freedom of Religion
All persons are equally entitled to freedom of conscience and the right to freely profess, practise, and propagate religion. Subject to public order, morality, and health. The State may regulate secular activities associated with religious practice. No person shall be compelled to pay taxes for promotion of any particular religion.
Art 26Freedom to manage religious affairs
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right— (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law.
Art 27Freedom as to payment of taxes for promotion of any particular religion
No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
Art 28Freedom as to attendance at religious instruction or religious worship in certain educational institutions
No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
Art 29Protection of interests of minorities
Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
Art 29-30Cultural and Educational Rights
Any section of citizens with a distinct language, script or culture has the right to conserve it. No citizen shall be denied admission into any educational institution maintained by the State on grounds of religion, race, caste, or language. All minorities have the right to establish and administer educational institutions of their choice.
Art 30Right of minorities to establish and administer educational institutions
All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
Art 31Compulsory acquisition of property
[Repealed by the Constitution (Forty-fourth Amendment) Act, 1978]
Art 31ASaving of laws providing for acquisition of estates, etc.
Notwithstanding anything contained in article 13, no law providing for the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by, article 14 or article 19.
Art 31BValidation of certain Acts and Regulations
Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part.
Art 31CSaving of laws giving effect to certain directive principles
Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19.
Art 32Remedies for enforcement of rights conferred by this Part
The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
Art 32AConstitutional validity of State laws not to be considered in proceedings under article 32
[Repealed by the Constitution (Forty-third Amendment) Act, 1977]
Art 33Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.
Art 34Restriction on rights conferred by this Part while martial law is in force in any area
Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area where martial law was in force.
Art 35Legislation to give effect to the provisions of this Part
Notwithstanding anything in this Constitution— (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament.
Non-justiciable guidelines for governance — the socioeconomic conscience of the Constitution.
- Cannot be enforced by courts, but fundamental in governance
- 3 categories: Socialistic, Gandhian, Liberal-Intellectual
- Art. 44: Uniform Civil Code — yet to be implemented
Articles in this Part
Art 36Definition of State
In this Part, unless the context otherwise requires, 'the State' has the same meaning as in Part III.
Art 37Application of the principles contained in this Part
The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
Art 38State to secure a social order for the promotion of welfare of the people
The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
Art 39Certain principles of policy to be followed by the State
The State shall, in particular, direct its policy towards securing— (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
Art 39AEqual justice and free legal aid
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Art 40Organisation of village panchayats
The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
Art 41Right to work, to education and to public assistance in certain cases
The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Art 42Provision for just and humane conditions of work and maternity relief
The State shall make provision for securing just and humane conditions of work and for maternity relief.
Art 43Living wage, etc., for workers
The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.
Art 43AParticipation of workers in management of industries
The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.
Art 43BPromotion of co-operative societies
The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
Art 44Uniform civil code for the citizens
The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
Art 45Provision for early childhood care and education to children below the age of six years
The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
Art 46Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
Art 47Duty of the State to raise the level of nutrition and the standard of living and to improve public health
The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.
Art 48Organisation of agriculture and animal husbandry
The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
Art 48AProtection and improvement of environment and safeguarding of forests and wild life
The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
Art 49Protection of monuments and places and objects of national importance
It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export.
Art 50Separation of judiciary from executive
The State shall take steps to separate the judiciary from the executive in the public services of the State.
Art 51Promotion of international peace and security
The State shall endeavour to— (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and (d) encourage settlement of international disputes by arbitration.
11 duties of every citizen — not directly enforceable but guide courts and shape legislation.
- Added by 42nd Amendment (1976), 11th duty added by 86th Amendment (2002)
- Not enforceable by writ, but courts refer to them in interpretation
Articles in this Part
Art 51AFundamental duties
It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity; (k) who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years.
Art 51A(a)Abide by the Constitution
Abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. Violation of public display of National Flag rules is punishable under the Prevention of Insults to National Honour Act, 1971.
Art 51A(b)Cherish National Ideals
Cherish and follow the noble ideals which inspired our national struggle for freedom. From Gandhi's non-violence to Ambedkar's constitutional vision — the freedom movement's values are to be kept alive.
Art 51A(c)Uphold Sovereignty
Uphold and protect the sovereignty, unity and integrity of India. Activities promoting secession, terrorism or anti-national propaganda are offences under IPC, UAPA, and other laws.
Art 51A(d)Defend the Nation
Defend the country and render national service when called upon to do so. Though military service is not compulsory, citizens must assist law enforcement during emergencies.
Art 51A(e)Promote Harmony
Promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional diversities. Hate speech laws under IPC Sections 153A and 295A enforce this duty.
Art 51A(f)Value Composite Culture
Value and preserve the rich heritage of our composite culture. Protection of Cultural Heritage is enforced through ASI and the Ancient Monuments Act.
Art 51A(g)Protect the Environment
Protect and improve the natural environment including forests, lakes, rivers and wild life, and have compassion for living creatures. Reflected in the Environment Protection Act 1986, Wildlife Protection Act 1972, and Forest Conservation Act 1980.
Art 51A(h)Develop Scientific Temper
Develop the scientific temper, humanism and the spirit of inquiry and reform. India's constitutional mandate for rational thinking — countering superstition through education and inquiry.
Art 51A(i)Safeguard Public Property
Safeguard public property and abjure violence. Destruction of public property is a criminal offence under the Prevention of Damage to Public Property Act, 1984.
Art 51A(j)Strive for Excellence
Strive towards excellence in all spheres of individual and collective activity so that the nation rises to higher levels of achievement. This aspirational duty underpins India's national education policy and scientific research initiatives.
Art 51A(k)Provide Education to Children
A parent or guardian shall provide opportunities for education to their child/ward between the age of 6 and 14 years. Added by the 86th Constitutional Amendment, 2002 — correlates with Article 21A and the RTE Act 2009.
Structure of the Union Government: President, VP, PM, Council of Ministers, Parliament, Supreme Court, CAG.
- President is constitutional head — PM is real executive (Art. 74, 75)
- Parliament: Lok Sabha + Rajya Sabha + President
- Supreme Court: Art. 124–147 — original, appellate and advisory jurisdiction
Articles in this Part
Art 108Joint sitting of both Houses in certain cases
If after a Bill has been passed by one House and transmitted to the other House— (a) the Bill is rejected by the other House; or (b) the Houses have finally disagreed as to the amendments to be made in the Bill; or (c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill.
Art 110Definition of 'Money Bills'
For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:— (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India.
Art 112Annual financial statement
The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the 'annual financial statement'.
Art 124Establishment and Constitution of Supreme Court
There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.
Art 129Supreme Court to be a court of record
The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
Art 131Original jurisdiction of the Supreme Court
Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute— (a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.
Art 132Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under article 134A that the case involves a substantial question of law as to the interpretation of this Constitution.
Art 136Special leave to appeal by the Supreme Court
Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
Art 137Review of judgments or orders by the Supreme Court
Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.
Art 141Law declared by Supreme Court to be binding on all courts
The law declared by the Supreme Court shall be binding on all courts within the territory of India.
Art 142Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc.
The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
Art 143Power of President to consult Supreme Court
If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
Art 52The President of India
There shall be a President of India.
Art 53Executive power of the Union
The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
Art 54Election of President
The President shall be elected by the members of an electoral college consisting of— (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States.
Art 61Procedure for impeachment of the President
When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
Art 72Power of President to grant pardons, etc.
The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—in all cases where the punishment or sentence is by a Court Martial; in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; in all cases where the sentence is a sentence of death.
Art 74Council of Ministers to aid and advise President
There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice. The President may require the Council of Ministers to reconsider such advice and the President shall act in accordance with the advice tendered after such reconsideration.
Art 76Attorney-General for India
The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character.
Art 79Constitution of Parliament
There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
Mirror of Part V for states — Governor, CM, State Legislature, High Courts.
- Governor is nominal head — CM is real executive
- State Legislature: Vidhan Sabha (+ Vidhan Parishad in 6 states)
Articles in this Part
Art 152Definition of State
In this Part, unless the context otherwise requires, the expression 'State' does not include the State of Jammu and Kashmir.
Art 153Governors of States
There shall be a Governor for each State. Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.
Art 161Power of Governor to grant pardons, etc.
The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
Art 163Council of Ministers to aid and advise Governor
There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
Art 164Other provisions as to Ministers
The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.
Art 165Advocate-General for the State
The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State. It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters.
Art 168Constitution of Legislatures in States
For every State there shall be a Legislature which shall consist of the Governor, and in the States of Bihar, Maharashtra, Karnataka, Uttar Pradesh, Andhra Pradesh, Telangana and Tamil Nadu, two Houses, and in other States, one House.
Art 213Power of Governor to promulgate Ordinances during recess of Legislature
If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.
Art 214High Courts for States
There shall be a High Court for each State.
Art 215High Courts to be courts of record
Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
Art 216Constitution of High Courts
Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
Art 217Appointment and conditions of the office of a Judge of a High Court
Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.
Art 226Power of High Courts to issue certain writs
Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.
Art 227Power of superintendence over all courts by the High Court
Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
These constitutional articles form a crucial part of the supreme law of India, governing the powers and duties of institutions or citizens.
- Enforceable by constitutional mandate
- Can only be amended under Article 368
Articles in this Part
Art 245Extent of laws made by Parliament and by the Legislatures of States
Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
Art 246Subject-matter of laws made by Parliament and by the Legislatures of States
Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the 'Union List'). Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the 'Concurrent List').
Art 248Residuary powers of legislation
Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
Art 249Power of Parliament to legislate with respect to a matter in the State List in the national interest
Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter.
Art 256Obligation of States and the Union
The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.
Three types of emergencies that fundamentally alter the federal structure temporarily.
- Art. 352: National Emergency (external aggression/armed rebellion) — invoked 3 times
- Art. 356: President's Rule (State Emergency) — applied 100+ times, currently in J&K
Articles in this Part
Art 352Proclamation of Emergency
If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.
Art 356Provisions in case of failure of constitutional machinery in States
If the President, on receipt of a report from the Governor or otherwise, is satisfied that a situation has arisen in which the government of any State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation— (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State.
Art 360Provisions as to financial emergency
If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
Parliament's power to amend the Constitution — subject to the Basic Structure Doctrine.
- Three modes: Simple majority, Special majority, Special majority + state ratification
- Kesavananda Bharati (1973): Basic Structure cannot be amended
Articles in this Part
Art 368Power of Parliament to amend the Constitution and procedure therefor
Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
These constitutional articles form a crucial part of the supreme law of India, governing the powers and duties of institutions or citizens.
- Enforceable by constitutional mandate
- Can only be amended under Article 368
Articles in this Part
Art 370Temporary provisions with respect to the State of Jammu and Kashmir
All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir. The provisions of articles 238 shall apply in relation to the State of Jammu and Kashmir.
These constitutional articles form a crucial part of the supreme law of India, governing the powers and duties of institutions or citizens.
- Enforceable by constitutional mandate
- Can only be amended under Article 368
Articles in this Part
Art 393Short title
This Constitution may be called the Constitution of India.
Art 394Commencement
This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the date of the commencement of this Constitution.
Art 395Repeals
The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed.