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Polity Magazine

The document outlines various parts of the Constitution of India, including the Union and its territory, citizenship, fundamental rights, directive principles of state policy, and the structure of government. It details the roles and powers of the President, Parliament, and State legislatures, as well as amendments made to the Constitution over time. Key amendments address issues such as the abolition of the Zamindari system, the reorganization of states, and the introduction of the Goods and Services Tax.

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0% found this document useful (0 votes)
11 views11 pages

Polity Magazine

The document outlines various parts of the Constitution of India, including the Union and its territory, citizenship, fundamental rights, directive principles of state policy, and the structure of government. It details the roles and powers of the President, Parliament, and State legislatures, as well as amendments made to the Constitution over time. Key amendments address issues such as the abolition of the Zamindari system, the reorganization of states, and the introduction of the Goods and Services Tax.

Uploaded by

gamingxy161
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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PART I : THE UNION AND ITS TERRITORY

Art. 1......... Name and territory of the union


Art. 2........ Admission or establishment of new states
Art. 3...... Formation of new States and alteration of areas, boundaries or names of existing States
Remember : Article 2 provides for the admission or establishment of new states (which were
previously not part of India). E.g. Sikkim. Article 3 provides for the formation or changes in the
existing states of India. E.g. Chhattisgarh, Telangana.
Art. 4........ Laws made under Articles 2 and 3 to provide for the amendment of the First
and the Fourth Schedules

PART II : CITIZENSHIP
Art. 5…….. Citizenship at the commencement of the Constitution

PART III: FUNDAMENTAL RIGHTS


General
Art. 12......... Definition of state
Art. 13......... Laws inconsistent with or in derogation of the fundamental rights

Right to Equality
Art. 14......... Equality before law
Art. 15....... Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Art. 16....... Equality of opportunity in matters of public employment
Art. 17......... Abolition of untouchability
Art. 18......... Abolition of titles

Right to Freedom
Art. 19........ Protection of certain rights regarding freedom of speech, etc.
Art. 20......... Protection in respect of conviction for offences
Art. 21...... Protection of life and personal liberty
Art. 22....... Protection against arrest and detention in certain cases Right against Exploitation
Art. 23......... Prohibition of traffic in human beings and forced labour
Art. 24......... Prohibition of employment of children in factories, etc. Right to Freedom of Religion
Art. 25......... Freedom of conscience and free profession, practice and propagation of religion.
Art. 26..... Freedom to manage religious affairs
Art. 27....... Freedom as to payment of taxes for promotion of any particular religion
Art. 28....... Freedom as to attendance at religious instruction or religious worship in certain
educational institutions
Cultural and Educational Rights
Art. 29......... Protection of interests of minorities
Art. 30......... Right of minorities to establish and administer educational institutions
Art. 31......... [Repealed.]
Art. 32...... Remedies for enforcement of rights conferred by this Part III (issue of writs)
Art. 33..... Power of Parliament to modify the rights conferred by this Part in their
application to Forces, etc.
Art. 34...... Restriction on fundamental rights while martial law is in force in any area
Art. 35......... Legislation to give effect to some of the provisions of fundamental rights

PART IV : DIRECTIVE PRINCIPLES OF STATE POLICY


Art.39…… Certain principles of policy to be followed by the State
(a) 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;
(d) that there is equal pay for equal work for both men and women;

39A……. Equal justice and free legal aid


Art.40…… Organisation of village panchayats

43B……… Promotion of co-operative societies


Art.44…… Uniform civil code for the citizens
Art.45……. Provision for free and compulsory education for children below 14 years of age

PART IVA : FUNDAMENTAL DUTIES


51A.............. Fundamental duties.

PART V : THE UNION


CHAPTER I: THE EXECUTIVE
The President and Vice-President
Art. 52......... The President of India
Art. 53........ Election of President
Art. 54......... Election of President
Art. 55......... Manner of election of President
Art. 56....... Term of office of President
Art. 57....... Eligibility of re-election
Art. 58........ Qualifications for election as President

a. Citizen of India
b. Should have completed 35 years of age
c. Should be eligible for election to Lok Sabha
d.Should not hold any office of profit

Art. 59........ Conditions of President's office


a. Candidate should not be member of parliament or state legislature
b. Should not be holding any other office of profit
c. Salary and allowances of the President could not be decreased during his term.

Art. 60....... Oath or affirmation by the President


Art. 61... Procedure for impeachment of the President
Art. 62....... Impeachment of President
Art. 63...... There shall be a Vice President
Art. 64......... The Vice-President to be ex officio Chairman of the Council of States
Art. 65....... The Vice-President to act as President or to discharge his functions during vacancy or
during the absence of President
Art. 66........ Election of Vice-President
Art. 67......... Term of office of Vice-President
Art. 68........ Time of holding election to fill vacancy in the office of Vice-President and the term of
office of person elected to fill casual vacancy
Art. 69........ Oath or affirmation by the Vice-President
Art. 70..... Discharge of President's functions in other contingencies
Art. 71........ Matters relating to, or connected with, the election of a President or Vice President
Art. 72......... The President shall have the power to grant pardon for death sentence
Art. 73......... Extent of executive power of the Union

Council of Ministers
Art. 74……. Council of Ministers to aid and advise President

The Attorney-General for India


Art. 76…… Attorney-General for India

CHAPTER II : PARLIAMENT
General
Art.79…… Constitution of Parliament
Art.80…… The Council of States/Rajya Sabha
Art.81….. House of the People/Lok Sabha
Art.85 ……The President shall dissolve the House of the People, each House of Parliament should
meet at least twice a year.

Officers of Parliament
Art.89……. The chairman and Deputy Chairman of the Council of States
Art.93……. The Speaker and Deputy Speaker of the House of the People

Legislative Procedure
Art. 107........ Provisions as to introduction and passing of bills
Art. 108........ Joint sitting of Parliament
Art. 109....... Special procedure in respect of money bills
Art. 110... Definition of money Bill

Procedure in Financial Matters


Art. 112..........Annual financial statement (Budget)

CHAPTER III: LEGISLATIVE POWERS OF THE PRESIDENT


Art. 123.........President may promulgate Ordinances

CHAPTER IV: THE UNION JUDICIARY


Art. 124........ there shall be Supreme Court of India
Art. 125..........Salaries, etc., of Judges
Art.139…….Supreme Court power to issue writs

CHAPTER V: COMPTROLLER AND AUDITOR-GENERAL OF INDIA


Art.148………Comptroller and Auditor General of India

PART VI: THE STATES


CHAPTER I : GENERAL
Art.152……. Definition of state

CHAPTER II: THE EXECUTIVE


The Governor
Art.153…….. Governors of states
Council of Ministers
Art.163…….. Council of Ministers to aid and advise Governor
Art.165…….. Advocate-General for the State

CHAPTER III: THE STATE LEGISLATURE General


Art.168………… Constitution of Legislatures in States
Art.169………. Abolition/creation of the Legislative Council of a State
Art.177………Rights of ministers and Advocate General as respects the Houses

Officers of the State Legislature


Art.178……. The Speaker and Deputy Speaker of the legislative assembly
Art.182……. The Chairman and Deputy Chairman of the legislative council
Art.199………Definition of “Money Bills” for state
Art. 201………Bill could be reserved by a Governor for the consideration of the President

Procedure in Financial Matters


Art.202……. Annual financial statement of state

CHAPTER IV : LEGISLATIVE POWER OF THE GOVERNOR


Art.213……. Governor may promulgate Ordinances

CHAPTER V : THE HIGH COURTS IN THE STATES


Art.214……. There shall be a High Court for each State
Art.219…….Oath or affirmation by judges of high courts
Art.226…….High Court shall have power to issue certain writs.
Art.231…… Establishment of a common high court for two or more states

CHAPTER VI : SUBORDINATE COURTS


Art.233……. Appointment of district judges

PART VIII : THE UNION TERRITORIES


Art.239……Administration of Union territory
239……….Special provisions with respect to Delhi
239AB…….Provision in case of failure of constitutional machinery

PART IX : THE PANCHAYATS


Art.243 A to O
243……… Definitions
243A……. Gram sabha
243B……. Constitution of Panchayats
243G……. Powers, authority and responsibilities of panchayats
243 I …….. Constitution of finance commission to review financial position
243 K…….. Elections to the panchayats

PART XI : RELATIONS BETWEEN THE UNION AND THE STATES


CHAPTER I : LEGISLATIVE RELATIONS

PART XII : FINANCE, PROPERTY, CONTRACTS AND SUITS


CHAPTER I : FINANCE
Art.266………Consolidated Funds and public accounts of India and of the states
Art.267……… Contingency Fund
Art.280………Constitution of a Finance Commission

CHAPTER IV : RIGHT TO PROPERTY


Art.300A……. No person shall be deprived of his property save by authority of law

PART XIV : SERVICES UNDER THE UNION AND THE STATES

CHAPTER I : SERVICES
Art.312…….All India Services, IAS, IPS, IFS (Indian Forest Service) IES (Indian Engineering
Services) and IMS (Indian Medical Services)

CHAPTER II : PUBLIC SERVICE COMMISSIONS


Art.315……. There shall be a Public Service Commission for the Union and a Public Service
Commission for each State

PART XIVA : TRIBUNALS


Art.323A…….Administrative tribunals

PART XV : ELECTIONS
Art.324……. Election Commission
Art.326……. Adult suffrage

PART XVI : SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES


Art.338…….. There shall be a National Commission for the Scheduled Tribes & Scheduled Caste
Art. 340……….There shall be a National Commission for the Other Backward Classes
Art. 341…….. Scheduled castes
Art.342………Scheduled tribes

PART XVII : OFFICIAL LANGUAGE


CHAPTER I : LANGUAGE OF THE UNION
Art. 343……. The official language of the Union shall be Hindi in Devanagari script

PART XVIII: EMERGENCY PROVISIONS


Art. 352......... A Proclamation of national emergency declaring that the security of India or any part
of the territory thereof is threatened by war or by external aggression or by armed rebellion

Art. 355......... Duty of the Union to protect States against external aggression and internal
disturbance
Art. 356......... President rule in the state
Art. 357......... Parliament to confer on the President the power of the Legislature of the State to
make laws
Art. 358......... Suspension of Fundamental Rights under Article 19
Art. 359........ Suspension of Fundamental Rights under Part III
Art. 360.......... Financial Emergency

PART XX : AMENDMENT OF THE CONSTITUTION


Art.368…….. Power of Parliament to amend the Constitution
PART XXI : TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
Art.370……. Temporary provisions with respect to the State of Jammu and Kashmir.

Amendment to the Constitution of India


● 1st, 1951
Abolished Zamindari system
A new constitutional device, called Schedule 9 introduced.

● 7th amendment, 1956


Reorganization of states on linguistic lines.
24th amendment, 1971
Enable parliament to dilute fundamental rights through amendments to the constitution.

● 26th amendment, 1971


Abolition of privy purse paid to former rulers of princely states which were incorporated into the
Indian Republic.

● 31th amendment, 1973


Increased size of Parliament from 525 to 545 seats.

● 36th amendment, 1975


Formation of Sikkim as a State within the Indian Union.

● 42nd amendment, 1976


- It is known as 'Minor Constitution'. It was the amendment passed during the internal emergency
(25 June 1975-21 March 1977) by Indira Gandhi.
- The 42nd Amendment gave primacy to the Directive Principles over Fundamental Rights.
- Supremacy of the Parliament was established with regard to the amendment of the Constitution.
Article 368 has been amended to provide that no constitutional amendment will be called in
question in any court on any ground.
- New Part IVA containing article 51A was added to provide lists of fundamental duties of citizens.
- Amendment extended the term of Lok Sabha (article 83) and Legislative Assemblies (article 166)
members from five to six years.
- The Preamble was amended and three new words were inserted : socialist, secular and integrity.
- Article 74 was amended and it was explicitly stipulated that "the President shall act in accordance
with the advice of the Council of Ministers".
- The interval at which a proclamation of Emergency under Article 356 required approval from
Parliament was extended from six months to one year.

● 44th Amendment, 1978


It partially removed the distortions that were introduced into the Constitution by 42nd Amendment.
1. The right to property was taken away from the category of fundamental rights and made as a
legal right.
2. Article 74(1) was amended to include a provision that President may require the Council of
Ministers to reconsider any advice tendered to him but the President has to act in accordance with
the advice tendered after such reconsideration.
3. Article 83 and 172 was amended to restore the terms of the House of the People and the State
Assemblies to five years.
4. Article 226 was amended to restore to the High Courts their power to issue writs for any other
purpose besides the enforcement of fundamental rights.
5. Article 352 was amended with the following changes: The ground of “internal disturbance” was
substituted by the ground of “armed rebellion”.

● 52nd Amendment, 1985


1. It laid down the process by which legislators may be disqualified on grounds of defection:
When a member of a political party voluntarily resigned from his party or disobeyed the directives
of the party leadership on a vote. A 'defection' by less than one-third (1/3) of the elected members of
a political party was considered illegal. On condition of defection, an elected member loses his
membership of Parliament or State Legislature.
2. If a member has been elected as “Independent”, he/she would be disqualified if joined a political
party.
3. Nominated members who were not members of a party could choose to join a party within six
months; shall be disqualified if he joins any political party after the expiry of the said period of six
months.
4. The amendment added the Tenth Schedule to the Constitution which contains provisions as to
disqualification on the ground of defection.
Note : Anit-defection law was further amended by 91st Amendment Act.

● 61st Amendment, 1989


Reduced age for voting rights from 21 to 18. New voters participated for first time in 1989 general
elections.

● 69th Amendment, 1992


To provide for a legislative assembly and council of ministers for the Federal National Capital of
Delhi. Delhi continues to be a Union Territory.

● 70th Amendment, 1991


Include National Capital of Delhi and Union Territory of Pondicherry in the electoral college for
Presidential Election.

● 71st Amendment, 1992


Included Konkani, Manipuri and Nepali as Official Languages.

● 73rd Amendment, 1991


Statutory provisions for Panchyat Raj as third level of administration in villages.

● 74th Amendment, 1992


Statutory provisions for Local Administrative bodies as third level of administration in urban areas
such as towns and cities.

● 83rd Amendment, 2000


Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.
Extend the usage of 1971 national census population figures for state wise distribution of
parliamentary seats till 2026.

● 91st Amendment, 2004


Restricted the size of council of ministers to 15% of legislative members (Lok Sabha and State
Legislative Assembly).
It strengthened Anti Defection laws. Deleted the provision of split. Now at least two-thirds of the
members of a party have to be in favour of a "merger" for it to have validity in the eyes of the law.

● 92nd Amendment, 2004


Included Bodo, Dogri, Santali and Maithali as official languages.

● 93rd Amendment, 2006


To enable provision of reservation (27%) for other backward classes (OBC) in government as well
as private educational institutions.

● 100th Amendment, 2015


Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to
residents of enclaves.

● 101th Amendment, 2016


Introduced the Goods and Services Tax on 1 April 2017.
It was presented as (122nd constitutional amendment bill 2018 in Parliament.

● 102nd Amendment, 2018


Constitutional status to National Commission for Backward Classes.
It was presented as (123rd Constitutional Amendment bill 2018 in Parliament.

● 103th Amendment, 2019


A maximum of 10% Reservation for Economically Weaker Sections of citizens of classes other
than other backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.
Note : It was presented as (124th constitutional amendment bill 2018 in Parliament.
● 104th Amendment, 2020
Extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from
Seventy years to Eighty years. Removed the reserved seats for the Anglo-Indian community in the
Lok Sabha and state assemblies.
Order of Precedence
1. President
2. Vice-President
3. Prime Minister
4. Prime Minister (within their respective States)
5. Former Presidents
5A. Deputy Prime Minister
6. Chief Justice of India, Speaker of Lok Sabha, Cabinet Ministers of the Union, Chief Ministers of
States (within their respective States), Deputy Chairman of NITI Aayog.
7. Former Prime Ministers, Leaders of Opposition in the Rajya Sabha and Lok Sabha.
7A. Holders of the Bharat Ratna
8. Ambassadors and High Commissioners, Chief Ministers of States (when outside their respective
States), Governors of States (when outside their respective States)
9A. Chairman of UPSC, Chief Election Commissioner, Comptroller and Auditor General.
10. Deputy Chairman, Rajya Sabha, Deputy Chief Ministers of States, Deputy Speaker of Lok
Sabha, Ministers of States of the Union
11. Lieutenant Governors within their respective Union Territories, Attorney General of India,
Cabinet Secretary
12. Chief of Army Staff, Chief of Air Staff, Chief of Naval Staff, Chief of Defense Staff.

105 Amendment of Indian Constitution, 2021,


The 105 Amendment of Indian Constitution was notified on August 19 after receiving the
acquiescence of then-President Ramnath Kovind. The 105 Constitutional Amendment Act aims to
give states the authority to identify socially and educationally backward classes. The 105th
Amendment of Indian Constitution was required to correct the impact of a Supreme Court ruling
that States had lost their ability to include or exclude communities from the ‘Backward Classes’ list
after Parliament passed the 102nd Constitution Amendment

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