Wednesday, 11 July 2012

ARTICLES OF THE CONSTITUTION

PARTS AND IMPORTANT ARTICLES OF THE CONSTITUTION
Originally the constitution comprised of 22 parts. However with the deletion of Part VII in 1956, the parts of the Constitution were reduced to 21. Subsequently three parts were added to the Constitution viz. Part IVA in 1976; Part IXA in 1992; and Part XIVA in1976. Thus at present the Constitution of India comprises of 24 parts.

PART-I (Articles 1-4)
Articles 1-4
The territory of India, Admission or Establishment of New States, formation of New States and Alteration of Areas, Boundaries or names of existing states.

PART-II (Articles 5-11)
Articles 5-11
Citizenship at the commencement of the Constitution, hip of certain migrants to Pakistan, Rights of Citizenship of persons of Indian origin residing outside India, persons voluntarily Indian origin residing outside India, persons voluntarily acquiring citizenship of a foreign state, continuance of rights of citizenship and the right of parliament to regulate the rights of citizenship by law.

PART-III (Articles 12-35)
Articles 12-35
Fundamental Rights of Indian Citizens.

Articles 14-18
Right to Equality.

Article 19
Six freedoms of Indian Citizens, namely-
(i) Freedom of Speech and Expression.
(ii) Freedom of Assembly.
(iii) Freedom of Association.
(iv) Freedom of Movement throughout the territory of India. of  India. 
(v) Freedom of Residence and Settlement in any part of India.
(vi) Freedom of Occupation.

Articles 20-22
Protection to all persons in respect of Conviction, prosecution and rights available to them in this regard.

Articles 23-24
Rights against exploitation and prohibit traffic in human beings, forced  labor,  employment of children below 14years in factories, mines and other hazardous jobs.

Articles 25-28
Right to Religion.

Articles 29-30
Cultural and Educational Rights and afford Protection to the interests of minorities. the interests of minorities.

Article 31
Right to Property.
(Deleted by the 44thAmendment)

Article 32-35
Rights to Constitutional Remedies to citizens.

PART-IV(Articles 36-51
Articles 36-51
Directive Principles of State Policy.

PART-IVA(Articles 51A)
Article 51A
Duties of the Citizens of India.
(Added by the 42ndAmendment, 1976)

PART-V(Articles 52-151)
Articles 52-151
Government at the Union Level.

Articles 52-151
Government at the Union Level.

Articles 52-73
President and the Vice-President.

Articles 74-75
Council of Ministers and the Prime-Minister.

Articles 76
The Attorney General of India.

Article 77
All executive Orders of the Government of India shall be taken in the name of the President.

Article 78
Duties of the Indian Prime-Minister with respect to the furnishing of information to the President, etc.

Articles 79-106
Relates to the Indian Parliament like the Organisation of Lok  Sabha and the Rajya  Sabha; the delimitation of territorial constituencies; qualification for membership of  the Parliament; Power of the President to summon, of the Parliament; Power of the President to summon, prorogue and address either house of Parliament; disqualification of members; powers, privileges and immunities of Parliament and its members, salaries and allowances of members and so on.

Articles 107-122
The Legislative Procedure in Parliament.

Article 123
The Legislative Powers of the Parliament.

Articles 124-147
The Union Judiciary.

Articles 148-151
The Comptroller and Auditor General of India.

PART-VI(Articles 152-237)
Article 152
Exempts Jammu & Kashmir from the Category of Ordinary States.

Articles 153-162
The State Governor.

Articles 153-162
The State Governor.

Articles 163-164
The Chief Minister and his Council of Ministers.

Article 165
The Advocate General for the State.

Article 166
The Conduct of business of the government of a state.

Article 167
The Duties of Chief Minister with respect to furnishing of information to the governor.

Articles 168-195
The Organisation of State Legislature and so on.

Article 196-212
The Legislative Procedure in the State.

Article 213
The Legislative Powers of the Governor.

Article 214-232
The Organisation and Powers of High Courts in the State.

Article 233-237
The Subordinate Courts.

PART-VII(Article 238) 
Article 238
The States.
(This Article dealt with States in Part-B of First Schedule. It was repealed in 7th  Amendment, 1956.)

PART-VIII(Article 239-241)
Article 239-241
The Union Territories. These Articles contain provisions regarding the administration of Union Territories.
 
Article 242
Coorg.
(This Article related to Coorg.(This Article related to  Coorg. This article was repealed by 7th  Amendment,1956.)

PART-IX(Article 243) 
Article 243
Territories in Part D of the First Schedule.
(This Article related to territories in Part D of the First Schedule and other territories. This Article was repealed in 1956.A new part IX was added to the Constitution by the 73rd Amendment Act, 1992. It c comprises of 16 articles and a new schedule the constitution, composition, election ,duration, powers and responsibilities and power to levy taxes and duties by the Panchayati Raj institutions in the rural areas. Schedule Eleven contains 29 subjects on which the panchayats have administrative control. A new part IX-A to the constitution was added by the 74th Amendment Act, 1992. It consists of 18 articles and a new schedule the Constitution, Composition, Election and the Constitution, Composition, Election and duration of municipalities, powers and responsibilities of municipalities in respect of preparation of plans for economic development, levy tax and other duties. Schedule Twelve contains 18 subjects on which the municipalities exercise administrative control.)

PART-X(Articles 244, 244A)
Articles 244, 244A
Scheduled and Tribal Areas of India.

PART-XI(Articles 245-263)
Articles 245-263
Relation between the Union and the States.

Articles 245-263
Relation between the Union and the States.

Articles 245-255
Legislative Relations between the Union and the States.

Articles 256-263
Administrative Relations between the Union and the States.

PART-XII(Articles 264-300A)
Articles 264-267
Finance, Property, Contracts and Suits

Articles 268-300A
The distribution of revenue between the Union and the States. Appointments of Finance Commission, Miscellaneous Financial provisions, borrowing by the Government of India and states, property, contracts, rights, liabilities, and obligation suits.  liabilities, and obligation suits.

PART-XIII(Articles 301-307)
Articles 301-307
Trade, Commerce and Intercourse within the territory  of  India.

PART-XIV(Articles 308-323)
Articles 308-314
Services under the Union and the States.

Articles 315-323
Union Public Service Commission (UPSC)  and Public Service Commission in the States.

PART-XIVA(Articles 323A, 323B)
Articles 323A,323B
Administrative Tribunals which may be set up by  the Parliament to hear disputes and complaints regarding Union, States or local complaints regarding Union, States or local governments employees as well as for other matters.(These were inserted by the 42 nd  Amendment,1976).

PART-XV(Articles 324-329)
Articles 324-329
Elections.

Articles 324
The Election Commission.

Articles 325-329
Other matters relating to elections.

PART-XVI(Articles 330-342)
Articles 330-342
Special provisions relating to certain classes such as reservation of seats for Scheduled Castes and Scheduled Tribes in Lok  Sabha and state Scheduled Tribes in Lok  Sabha and state Assemblies; Representation of the Anglo-Indian Community in Lok  Sabha and Legislative Assemblies; Claims of Scheduled Castes and Scheduled Tribes to services and posts; Special provision regarding educational grants; Appointment of Commission to investigate conditions of backward classes, etc.

PART-XVII(Articles 343-351)
Articles 343-351
Official Language.

PART-XVIII(Articles 352-360)
Articles 352-360
Emergency Provisions

Articles 352-360
Emergency Provisions

Article 352
Provisions regarding Emergency due to External Aggression or Armed Rebellion.

Article 353
Effects of the above proclamation of Emergency

Article 354
Changes that can be effected in the distribution of  revenues between the Central and State
governments.

Article 355
The Duty of the Union to protect the States against External Aggression and Internal disturbances and to ensure that government is carried on in accordance with the provisions of the Constitution.
 
Article 356
Provisions in case of failure of constitutional machinery in State

Article 357
Authorises Parliament to confer on the President the Power to make laws on the State subjects and authorises the President to permit expenditure from the consolidated fund of the State.

Article 358
Automatic suspension of Article 19 (regarding right to freedom) when emergency under Article352 is in operation.

Article 359
Authorises the President to suspend the right to Constitutional remedies.

Article 360
Relates to Financial Emergency.

PART-XIX(Articles 361-367)
PART-XIX(Articles 361-367) 
Article 361-367
Miscellaneous provisions, regarding exemption of  the President and governors from criminal proceedings for their official acts; immunity from court proceedings for publication of  there port of proceedings of the Parliament and State Legislature and so on.

PART-XX(Article 368)
Article 368
The powers of the Parliament to amend the Constitution.

PART-XXI(Articles 369-392) 
Article 369
Temporary powers of the Parliament to make laws with respect to certain matters in the state laws with respect to certain matters in the state list, as if they were matters in the concurrent list.

Article 370
Temporary Provisions relating to Jammu &Kashmir. It restricts the power of Parliament to make laws for the State only with regard to matters listed in the Instrument of Accession ands uch other matters in the Union list and Concurrent List which the President may specify with the concurrence of the government of that state.


Article 371A
Special Provisions for Maharashtra.

Article 371B
Special Provisions for Nagaland.

Article 371B
Special Provisions for Nagaland.

Article 371C
Special Provisions for Assam.

Article 371D
Temporary Provisions for Manipur.

Article 371E
Special Provisions for Andhra Pradesh.

Article 371F
Special Provisions for Sikkim.

Article 371G
Special Provisions for Mizoram.

Article 371H
Special Provisions for Arunachal Pradesh.

Article 371I
Special Provisions for Goa.

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

Article 371A
Other Miscellaneous Matters.

1 comment: