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Decoding the Indian Constitution : Important Articles of Indian Constitution for UPSC CSE

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The Indian Constitution, initially comprising 395 articles and 22 parts upon adoption by the Constituent Assembly in 1949, has undergone amendments resulting in approximately 450 articles distributed across 25 parts.

Aspiring UPSC candidates are not expected to memorize every article but are required to possess a sound understanding of key aspects such as Federalism, Separation of Powers, and Fundamental Rights. Here are some must-know articles:

Fundamental Rights:

  1. Article 12–35: Specifies Fundamental Rights.
  2. Article 36–51: Specifies the Directive Principles of State Policy.
  3. Article 51A: Specifies the Fundamental Duties of every citizen.
  4. Article 80: Specifies the number of seats in the Rajya Sabha.
  5. Article 81: Specifies the number of seats in the Lok Sabha.
  6. Article 343: Designates Hindi as the official language.
  7. Article 356: Deals with the imposition of President’s Rule in states.
  8. Article 370: Grants special status to Kashmir.
  9. Article 395: Repeals the India Independence Act and Government of India Act, 1935.

Key Articles of the Indian Constitution

Part 1 – Art. 1 to art. 4: Name and Territory of the Union

  1. Article 1: Specifies the name and territory of the union.
  2. Article 2: Deals with the admission and establishment of new states.
  3. Article 3: Addresses the formation of new states and alteration of areas, boundaries, and the names of existing states.

Part 2 – Art. 5 to art. 11: Citizenship Provisions

  1. Article 5: Pertains to citizenship at the commencement of the constitution.
  2. Article 6: Discusses the rights of citizenship for individuals migrating to India from Pakistan.
  3. Article 10: Encompasses the continuance of rights of citizenship.
  4. Article 11: Grants Parliament the authority to regulate citizenship rights by law.

Part 3 – Art.12 to art.35: Definition of the State and Fundamental Rights

  1. Article 12: Defines the state in constitutional terms.
  2. Article 13: Highlights laws inconsistent with or in derogation of fundamental rights.

Note: Originally, the constitution provided for 7 fundamental rights, but after the 44th amendment act in 1978, the Right to Property (U/A 31) was removed. It was redefined as a legal right under U/A 300-A in Part XII of the constitution.

 

Fundamental Rights: A Quick Overview

RIGHT TO EQUALITY: ART. 14 TO ART. 18

  1. Article 14: Ensures equality before the law.
  2. Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth.
  3. Article 16: Guarantees equality of opportunity in public employment.
  4. Article 17: Abolishes untouchability.
  5. Article 18: Abolishes titles.

RIGHT TO FREEDOM: ART. 19 TO ART. 22

  1. Article 19: Grants six rights to citizens, including freedom of speech, assembly, association, movement, residence, and profession.
  2. Article 20: Offers protection regarding conviction for offenses.
  3. Article 21: Ensures protection of life and personal liberty.
  4. Article 21A: Introduces the right to education.
  5. Article 22: Provides protection against arrest and detention in certain cases.

RIGHT AGAINST EXPLOITATION: ART.23 & ART. 24

  1. Article 23: Prohibits traffic in human beings and forced labor.
  2. Article 24: Bans the employment of children in factories and mines under the age of 14.

RIGHT TO FREEDOM OF RELIGION: ART.25 TO ART. 28

  1. Article 25: Guarantees freedom of conscience and the right to profess, practice, and propagate religion.
  2. Article 26: Ensures freedom to manage religious affairs.
  3. Article 27: Allows freedom from paying taxes for promoting any particular religion.
  4. Article 28: Grants freedom from attending religious instruction.

CULTURAL AND EDUCATIONAL RIGHTS: ART.29 & ART. 30

  1. Article 29: Protects the interests of minorities.
  2. Article 30: Empowers minorities to establish and administer educational institutions.
  3. Article 32: Provides remedies for the enforcement of Fundamental Rights.

Part 4: Directive Principles of State Policy (DPSP): Art 36 to Art 51

Article 36 - Definition

Article 37 - Application of DPSP

Article 39A - Equal justice and free legal aid

Article 40 - Organization of village panchayat

Article 41 - Right to work, to education, and to public assistance in certain cases

Article 43 - Living Wages, etc., for Workers.

Article 43A - Participation of workers in the management of industries.

Article 44 - Uniform civil code (applicable in Goa only)

Article 45 - Provision for free and compulsory education for children.

Article 46 - Promotion of educational and economic interests of scheduled castes, ST, and OBC.

Article 47 - Duty of the state to raise the level of nutrition and the standard of living and to improve public health.

Article 48 - Organization of agriculture and animal husbandry.

Article 49 - Protection of monuments and places and objects of natural importance.

Article 50 - Separation of judiciary from the executive.

Article 51 - Promotion of international peace and security.

Also read: Indian Companies Act 2013: Salient Features

Part IV-A: Fundamental Duties: Art 51A

Originally containing 10 duties, it now includes 11 duties as per the 86th Amendment Act 2002.

Part 5 – Union (52-151)

Article 52 - The President of India

Article 53 - Executive Power of the Union.

Article 54 - Election of President

Article 61 - Procedure for Impeachment of the President.

Article 63 - The Vice-president of India.

Article 64 - The Vice-President to be ex-officio chairman of the Council of States.

Article 66 - Election of Vice-president.

Article 72 - Pardoning powers of President.

Article 74 - Council of Ministers to aid and advise the President.

Article 76 - Attorney-General for India.

Article 79 - Constitution of Parliament

Article 80 - Composition of Rajya Sabha.

Article 81 - Composition of Lok Sabha.

Article 83 - Duration of Houses of Parliament.

Article 93 - The speakers and Deputy speakers of the house of the people.

Article 105 - Powers, Privileges, etc., of the House of Parliament.

Article 109 - Special procedure in respect of money bills

Article 110 - Definition of “Money Bills”.

Article 112 - Annual Financial Budget.

Article 114 - Appropriation Bills.

Article 123 - Powers of the President to promulgate Ordinances during the recess of Parliament.

Article 124 - Establishment of the Supreme Court.

Article 125 - Salaries of Judges.

Article 126 - Appointment of acting Chief justice.

Article 127 - Appointment of ad-hoc judges.

Article 128 - Attendance of a retired judge at sitting of the Supreme Court.

Article 129 - Supreme court to be a court of Record.

Article 130 - Seat of the Supreme court.

Article 136 - Special leaves for appeal to the Supreme Court.

Article 137 - Review of judgments or orders by the Supreme court.

Article 141 - Decision of the Supreme Court binding on all the courts.

Article 148 - Comptroller and Auditor-General of India

Article 149 - Duties and Powers of CAG.

 

Part 6: States (152-237)

Article 153 - Governors of State

  • Describes the role and powers of Governors overseeing individual states.

Article 154 - Executive Powers of Governor

  • Outlines the executive authority vested in the Governor.

Article 161 - Pardoning powers of the Governor

  • Discusses the Governor's authority to grant pardons.

Article 165 - Advocate-General of the State

  • Establishes the role of the Advocate-General in providing legal advice to the state government.

Article 213 - Power of Governor to promulgate ordinances

  • Details the Governor's authority to issue ordinances in certain situations.

Article 214 - High Courts for states

  • Addresses the establishment of High Courts at the state level.

Article 215 - High Courts to be a court of record

  • Designates High Courts as courts of record, having the authority to maintain records and proceedings.

Article 226 - Power of High Courts to issue certain writs

  • Discusses the High Courts' power to issue writs for the enforcement of fundamental rights and other legal purposes.

Article 233 - Appointment of District judges

  • Covers the appointment of judges at the district level.

Article 235 - Control over Subordinate Courts

  • Discusses the control exercised by the High Courts over lower courts.

Part 7 – Repealed (238)

Part 8 – Union Territories (239-242)

Part 9 – Panchayats (243-243O)

Article 243A - Gram Sabha

  • Defines the Gram Sabha, a village assembly.

Article 243B - Constitution of Panchayats

  • Discusses the establishment of Panchayats at the village and other levels.

Part 9A – Municipalities (243P-243ZG)

Part 9B – Co-operative Societies (243ZH-243ZT)

Part 10: Scheduled and Tribal Areas (244)

Part 11: Center-State Relations (245-263)

Part 12: Finance, Property, Contracts, and Suits (264-300A)

Article 266 - Consolidated Fund and Public Accounts Fund

  • Defines the Consolidated Fund and the Public Accounts Fund.

Article 267 - Contingency Fund of India

  • Discusses the Contingency Fund established for unforeseen expenses.

Article 280 - Finance Commission

  • Describes the establishment and functions of the Finance Commission.

Article 300-A - Right to Property

  • Addresses the right to property.

Part 13: Trade, Commerce, and Intercourse within the territories of India (301-307)

Part 14: Services Under Center and State (308-323)

Article 312 - All-India-Service

  • Discusses the establishment of All-India Services.

Article 315 - Public service commissions for the union and for the states

  • Covers the creation of public service commissions.

Article 320 - Functions of Public Service Commission

  • Outlines the functions of the Public Service Commission.

Part 14A: Tribunals (323A – 323B)

Article 323A - Administrative Tribunals

  • Discusses the establishment of Administrative Tribunals.

Part 15: Elections (324 – 329)

Article 324 - Superintendence, direction, and control of Elections to be vested in an Election Commission

  • Discusses the authority of the Election Commission.

Article 325 - No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex

  • Addresses eligibility criteria for inclusion in electoral rolls.

Article 326 - Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage

  • Ensures adult suffrage in elections.

Also read: Procedure Established by Law vs Due Process of Law

Part 16: Special Provisions to SC, ST, OBC, Minorities, etc. (330 -342)

Article 338 - National Commission for the SC, & ST

  • Establishes the National Commission for Scheduled Castes and Scheduled Tribes.

Article 340 - Appointment of a commission to investigate the conditions of backward classes

  • Discusses the appointment of a commission to investigate the status of backward classes.

Part 17: Official Language (343- 351)

Article 343 - Official languages of the Union

  • Identifies the official languages of the Union.

Article 345 - Official languages or languages of states

  • Discusses the languages to be used in states.

Article 348 - Languages to be used in the Supreme Court and in the High Courts

  • Specifies the languages used in the Supreme Court and High Courts.

Article 351 - Directive for development of the Hindi languages

  • Provides directives for the development of the Hindi language.

Also read: Constitution Day

Part 18: Emergency (352-360)

Article 352 - Proclamation of emergency (National Emergency)

  • Addresses the proclamation of a national emergency.

Article 356 - State Emergency (President’s Rule)

  • Discusses the imposition of President's Rule in states.

Article 360 - Financial Emergency

  • Covers the proclamation of a financial emergency.

Part 19: Miscellaneous (361-367)

Article 361 - Protection of President and Governors

Part 20: Amendment of Constitution (368)

Article 368 - Powers of Parliament to amend the constitution

Part 21: Special, Transitional and Temporary Provisions (369 – 392)

Article 370 – Special provision of J&K

Article 371A – Special provision with respect to the State of Nagaland

Article 371-J: Special Status for Hyderabad-Karnataka region

Part 22: Short Text, Commencement, Authoritative Text in Hindi, and Repeals (392 – 395)

Article 393 – Short title – This Constitution may be called the Constitution of India.