Parts of Indian Constitution, 25 Parts

Parts of Indian Constitution: Earlier, the constitution consisted of 395 articles divided into 22 parts and 8 schedules. However, at present, there are 448 articles divided into 25 parts and 12 schedules. The numbering remains the same but as and when the constitution is amended, new articles are added below original articles with suffixes A, B, C etc. For example, when our constitution was amended for adjusting the Right to Education, a new Article 21A was inserted below Article 21. This article discusses the Parts of the Indian Constitution along with their subjects and Article numbers.

Parts of the Indian Constitution

The Constitution refers to India as a Union of States, meaning that its unity is unbreakable. No part of the Indian Union may secede. The country is divided into many parts known as states or union territories and the Constitution lays down not only the structure of the Union Government but also the structure of the state government. Part I of the Indian constitution consists of Article 1 to 4 which deals with the Union and its territory. Part II consists of Articles 5 to 11 and deals with citizenship. Scroll through the page to know all about the different parts of the Indian Constitution.

Parts of the Indian Constitution in Detail

Let’s understand all Parts of the Indian Constitution in detail from the below discussed content-

Part I: The Union and its Territory (Articles 1 to 4)

The nation is divided into 28 States and 8 Union Territories. The President appoints an administrator to oversee the Union Territories. Each Indian State/Union Territory has its own demographics, history, culture, attire, language, and so on. Part I of the Indian Constitution consists of the following articles:

• Article 1: Name and Territory of the Union.
• Article 2: Establishment of New States.
• Article 3: Formation of new States and alteration of areas, boundaries, or names of existing States.
• Article 4: Laws were constructed under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental, and consequential matters.

Part II: Citizenship (Articles 5 to 11)

Under Part II of the Indian Constitution, Citizenship is covered by Articles 5 to 11. Articles 5 to 8 describe who was eligible for Indian citizenship at the time of the commencement of the Constitution, and Articles 9 to 11 describe how the citizenship is acquired and lost.

• Article 5-Citizenship at the inception of the Constitution.
• Article 6– Rights of the citizenship of certain individuals who have migrated from Pakistan to India.
• Article 7– Rights of the citizenship of certain migrants to Pakistan.
• Article 8- The individual of India, residing in a foreign country is granted to be called as Indian citizenship.
• Article 9- Persons freely acquiring citizenship of a foreign State aren’t considered to be citizens.
• Article 10– Continuance of the rights of citizenship.
• Article 11- The rights of citizenship are regulated by the Parliament under the law.

Part III: Fundamental Rights (Articles 12 to 35)

Part III of the Indian Constitution(Articles 12 to 35) are the Fundamental Rights and remedies in our Constitution that are been violated. The primary rationale behind including these rights in a democratic constitution is that individuals sometimes require protection against inappropriate violence created by others. Fundamental Rights in Articles 14 to 35 have been categorized into six groups-

• Right to Equality (Articles 14 to 18)
• Right to Freedom (Articles 19 to 22)
• Right against Exploitation (Articles 23-24)
• Right of Freedom of Religion (Articles 25 to 28)
• Cultural and Educational Rights (Articles 29-30)
• Right to Constitutional Remedies (Articles 32 to 35)

Part IV: Directive Principles (Articles 36 to 51)

Part IV, Directive Principles (Articles 36- 51) of our constitution, these articles are solely based on the Directive Principles of the State Policy, its significance in the Indian Constitution, and the history of its conflict with Fundamental Rights. It includes the implementation of the uniform civil code, abolition of untouchability, removal of authorized disabilities on women, etc. The Article lists are as follows:

• Article 36– Defining the “State”.
• Article 37– Part IV of the Indian Constitution shall not be enforceable in any court of law, as the operation of the principle contained in this Article.
• Article 38– Social, Political, and Economic Justice for the welfare of the people.
• Article 39– The State should follow certain Principles of the Policy.
• Article 39A– Free Legal Aid and Equal Justice.
• Article 40– Organization of the village Panchayats.
• Article 41– Welfare Government (Right to education, work, and to public assistance in certain cases).
• Article 42– Provision of Securing just and humane work and maternity relief.
• Article 43– Fair living wages and a decent standard of life for the workers.
• Article 43 A– Workers’ participation in the management of industries.
• Article 43 B– Promotion of Cooperatives.
• Article 44– Uniform Civil Code for the citizens.
• Article 45– Provision for Infant, Early Childhood Care, and Education to Children below 6 years.
• Article 46– Promotion of educational and profitable interests of SCs, STs, and other weaker sections from exploitation.
• Article 47– Duty of State to raise the level of Nutrition, Standard of living and to improve public health.
• Article 48– Organisation of Scientific agriculture and animal husbandry.
• Article 48 A– Protection and Improvement of Environment and Safeguarding Wildlife.
• Article 49– Protection of monuments and places and objects which have national importance.
• Article 50– The judiciary should be separate from the Executive.
• Article 51– The state shall promote international peace and security.

Part IV A: Fundamental Duties (Article 51 A)

In Article 51 A, there are 11 fundamental duties that every citizen has to follow. They are-

• To abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.
• To follow and cherish the noble ideals which inspired our national struggle for freedom.
• To uphold and protect the sovereignty, unity, and integrity of India.
• To defend the country and render national service when called upon to do so.
• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices to the dignity of women.
• To value and preserve the rich heritage of our prestigious culture.
• To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
• To develop the scientific temper, humanism, and the spirit of inquiry and reform.
• To safeguard public property and to abjure violence;
• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement;
• Parents or guardians should provide opportunities for education to their children between the age of six and fourteen years.

Part V: The Union (Articles 52 to 151)

Chapter I – The Executive (Articles 52 to 78)

The Executive includes the elections, oaths, qualifications, and all the duties of the President, Vice-President of India, Council of Ministers, and Attorney General.

Chapter II – Parliament (Articles 79 to 122)

• (Articles 79 to 88) – Includes the General information of the Parliament and the houses of the Parliament. It also tells the rights and duties of Ministers and Attorney-General.
• (Articles 89 to 98)- Officers of the Parliament.
• (Articles 99 & 100)- Conduct of Business (Oath by the members and voting).
• (Articles 101 to 106)- Disqualifications of the members.
• (Articles 107 to 111)– Legislative Procedures.
• (Articles 112 to 117)- Procedures in the Financial Matters (Bills).
• (Articles 118 to 122)- Procedure Generally.

Chapter III – Legislative Powers of President (Article 123)

(Article 123) is about the Powers of the President to promulgate Ordinances during the recess of the Parliament.

Chapter IV – The Union Judiciary (Articles 124 to 147)

Article 124 to 147, deals with the Union Judiciary, that is the Supreme Court. It tells all the information related to the Supreme Court.

Chapter V – Comptroller and Auditor-General of India (Articles 148 to 151)

In these articles, it tells about –

• The duties and powers of the Comptroller and Auditor-General of India.
• Form of accounts of the Union and the State.
• Audit Reports.

Part VI: The States (Articles 152 to 237)

Chapter I – General (Article 152)

Article 152- Definition.

Chapter II – The Executive (Articles 153 to 167)

The Executive powers of the State are in the hands of-

1. Governor
2. Council of Ministers
3. Advocate General

• (Articles 153 to 161) – Describes all the powers of the Governor.
• (Articles 162 & 163)– Executive Power of the state (Council of Ministers).
• (Articles 164 & 165)- Other provisions to the Advocate General of the State.
• (Articles 166 & 167)- Conduct of Government Business.

Chapter III – The State Legislature (Articles 168 to 212)

• (Articles 168 to 177)- This Article constitutes the Constitution, Abolition, Composition of the Legislative Assemblies and the Legislative Councils, Duration of the State Legislature, Rights of the Ministers and Advocate-General.
• (Articles 178 to 187)- Officers of the State Legislature

1. The Speaker and the Deputy Speaker of the Legislative Assembly (Their powers).
2. The Chairman and the Deputy Chairman Of the Legislative Council (Their Powers, Salary).
3. Secretariat of the State Legislature.

• (Articles 188 & 189)- Conduct of Business.
• (Articles 190 to 193)- Disqualifications of the Members
• (Articles 194 & 195)- Powers, privileges, and immunities of the State Legislature and their Members.
• (Articles 196 to 200)- Legislative Procedures. (Bills)
• (Article 201)- Bills reserved for consideration.
• (Articles 202 to 207)- Procedure in Financial Matters.
• (Articles 208 to 212)- Procedure Generally (Rules and Regulations).

Chapter IV – Legislative Powers of Governor (Article 213)

(Article 213) tells us about the Powers of the Governor to promulgate Ordinances during the recess of the Legislature.

Chapter V – The High Courts (Articles 214 to 232)

These Articles tell us about the powers of the High Courts and the Judge of the High Court.

Chapter VI – Subordinate Courts (Articles 233 to 237)

These Articles tell us about the appointment, Validation of the District Judges.

Part VII- State in the B part of the First Schedule Repealed by Const. (7th Amendment) Act, 1956 [Article- 238 (Repealed)]

Out of 22 Parts of the Indian Constitution, the only part which has been deleted is Part VII. It was repealed by the Constitution (7th Amendment) Act 1956. Hence, the 7th Amendment deleted Part VII which dealt with Part B states now stands omitted.

Part VIII- The Union Territories (Articles 239 to 242)

The special provisions with respect to Delhi, two Articles of 239 A, 239 AA, and 239 AB were added. These articles Administrations of the Union Territories and (Article 242) were repealed.

Part IX- The Panchayats (Articles 243 to 243O)

(Articles 243 to 243O) tells us the information regarding the definition, Constitution, Composition, Reservation, and Duration of the Panchayat. The powers of the panchayat, their powers, Elections, Audit of accounts of the panchayat, Bar to interference by the court in electoral matters. Every Panchayat shall continue the term period of 5 years.

Part IX A- The Municipalities (Articles 243P to 243ZG)

The Constitution (74th Amendment) Act of 1992, establishes the structure, composition, powers, and functions of urban self-government. There are five types of urban bodies –

1. Nagar Panchayats
2. Municipal Councils
3. Municipal Corporations
4. Metropolitan Areas
5. Industrial Township

Part IX B- Co-operative Societies (Articles 243ZH to 243ZT)

Co-operative societies are an example of a self-help organization. It is an important and major tool for achieving the goal of social and economic justice as conceived in the Preamble to the Indian Constitution, as well as protecting people from capitalist exploitation. After Part IX-A, a new Part IX B including Articles 243ZH to 243ZT was incorporated into the Constitution (97th Amendment) Act of 2011. The new section focuses on co-operative societies.

Part X- The Scheduled and Tribal Areas (Articles 244 to 244A)

• (Article 244) is for the administration of the Scheduled Areas and Tribal Areas.
• (Article 244A) deals with the formation of an autonomous State comprising certain tribal areas in Assam.

Part XI- Relations between the Union and the States (Article 245 to 263)

Chapter I – Legislative Relations (Article 245 to 255)

The territorial division of the legislative powers between the Union and the States is mentioned in Article 245 of the Constitution. The Union has the right to make laws for the entire or any part of India’s territory, while each state has the power to make laws for its own area. The current Constitution of India has embraced the Government of India Act, 1935’s distribution plan. Three lists appear in the Constitution’s Seventh Schedule. The List I contains 97 items over which the Union Parliament has full authority. List II contains 66 items over which the states have exclusive power, whereas List III, the Concurrent List has 47 items on which both the Union Parliament and the State Legislature can legislate.

Chapter II – Administrative Relations (Articles 256 to 263)

In these articles, the obligation of the State and the Union are mentioned. Article 257 A and Article 259 were Repealed. In Article 262, Disputes related to water, i.e. adjudication of disputes related to water of inter-State rivers or river valleys. Article 263 gives us the provisions with respect to an inter-State Council.

Part XII- Finance, Property, Contracts, and Suits (Article 264 to 300A)

Chapter I – Finance (Articles 264 to 291)

• These articles deal with the Indian states’ properties, assets, rights, liabilities, taxes, and duties.
• Miscellaneous financial Provisions are also imposed.
• (Article 272, Article 278, and Article 291) were omitted or repealed.

Chapter II – Borrowing (Articles 292 to 293)

• (Article 292) covers borrowing by the Central Government of India.
• (Article 293) covers borrowing by the States.

Chapter III – Property, Contracts, Rights, Liabilities, Obligations, and Suits (Articles 294 to 300)

(Article 294 to 300) deals with the Succession to the property, rights, assets, liabilities, and obligations of certain cases and other cases. Suits and Proceedings.

Chapter IV – Right to Property (Articles 300A)

The Constitution (44th Amendment) Act of 1978 eradicates the right to property as a Fundamental Right, although it remains a human right in a welfare state and a constitutional right under Article 300A of the Constitution. Article 300A states that no one’s property may be taken away from them unless they have legal authorization.

Part XIII- Trade, Commerce, and Intercourse within the Territory of India (Articles 301 to 307)

Part XIII of the Indian Constitution (Articles 301 to 307) provide freedom of trade, commerce, and intercourse. (Article 301) depicts the broad principles and powers of trade and commerce. Articles 302 to 305 enumerate the trade prohibitions. Trade means buying and selling products for profit. The term ‘trade’ is defined in Article 301 as a ‘real, organized, and structured activity with a specific aim or objective.’ While the transmission of movement through the air, water, telephone, telegraph, or any other media is referred to as ‘Commerce’, the transfer of products from one place to another is known as ‘Intercourse’.

Part XIV- Services under the Union and the States (Articles 308 to 323)

(Article 308 to 314)- deals with the Recruitment and conditions of service of the person serving the Union or a State, its tenure, removal, and Transitional Provisions. It also deals with All-India Services.

(Article 315 to 323)- deals with the Public Service Commission, appointments, term of office, removal, and suspension of a member, Prohibition, its functions, and power to extend the functions. Expenses and reports of the Public Service Commissions.

Part XIV A – Tribunal (Articles 323A to 323B)

Tribunals weren’t included in the original Constitution but were added by the 42nd Amendment Act, of 1976 to the Indian Constitution. A Tribunal is a quasi-judicial body established to address issues such as settling executive or tax-related dissensions. It has a variety of liabilities, including adjudging controversies, deciding rights between disputing parties, making executive opinions, reviewing executive opinions, and so forth.

• (Article 323A)– It deals with the Administrative Tribunals.
• (Article 323B)- It deals with Tribunals of other matters.

Part XV – Elections (Articles 324 to 329A)

These Articles deal with the Superintendent, direction, and control of the elections. It mainly deals with election-related matters. It also deals with the power of the Parliament to make provisions with respect to elections to the Legislature. Article 329A was omitted.

Part XVI- Special Provisions Relating to Certain Classes (Article 300-342)

Articles 330 to 342 provide the special benefits of Reservation of the Scheduled Castes, Scheduled Tribes, Anglo-Indians, and Backward Classes. The number of seats designated for such castes and tribes in any State or Union territory shall be determined by their total population. Special Provisions with respect to educational grants are provided to the Anglo-Indian Community.

Part XVII- Official Language (Article 343 to 351)

Chapter I – Language of the Union (Articles 343 to 344)

• (Article 343)- This article deals with the Official Language of the Union.
• (Article 344)- This article deals with the Commission and Committee of Parliament on Official Language.

Chapter II – Regional Languages (Articles 345 to 347)

These Articles deal with the Official Language of a State.

Chapter III-Language of the Supreme Court, High Courts, and so on (Articles 348 to 349)

The Language used in the Supreme Court and the High Court and for Bills, Acts, etc.

Chapter IV-Special Directives (Articles 350 to 351)

In (Articles 350 to 351) the facilities for the use of the mother-tongue is given at the primary stage. A directive for the development of the Hindi language is been made. For Linguistic Minorities special officer is also appointed.

Part XVIII – Emergency Provisions (Article 352 to 360)

There are three types of emergencies in the Indian Constitution-

1. National emergency
2. State emergency
3. Financial emergency

The proclamation of emergency can be announced on the below grounds –

1. War
2. External aggression
3. Armed rebellion

Part XIX- Miscellaneous (Article 361 to 367)

• Protection of the President and governors.
• Bar to hindrance by courts in controversies arising out of certain covenants, agreements, etc.
• Special provinces as to major ports and airdromes.
• Effect of failure to misbehave with or to give effect to directions given by the Union.
• Some definitions come under Article 366
• Interpretation

Part XX- Amendment of the Constitution (Article 368)

In this Article, it deals with the Power of the Parliament to amend the Constitution and the Procedure for it.

Part XXI- Temporary, Transitional, and Special Provinces (Article 369 to 392)

• In this article, it deals with the temporary power of the parliament to make laws with respect to some matters in the State List and in the Concurrent List.
• Special provinces are there with respect to the state of Maharastra, Gujrat, Nagaland, Assam, Manipur, Andra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Goa.
• Some Provisions are there for Judges of the High Court, Comptroller and Auditor General Of India, and Public Service Commissions.

Part XXII- Short title, Commencement, Authoritative Text in Hindi, and Repeals (Articles 393 to 395)

These Articles are the collection of Legislation, consisting of Articles regarding the short title, date of commencement, authoritative text in Hindi, and repeals.