Constitution of India

1. Name and territory of the Union

2. Admission 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.

2A. Sikkim to be associated with the Union

[After article 2 of the Constitution, the following article shall be inserted Constitution (Thirty-Fifth Amendment) Act, 1974]Sikkim, which comprises the territories specified in the Tenth Schedule, shall be associated with the Union on the terms and conditions set out in that Schedule.[Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975 , section 5 (w.e.f . 26. 4. 1975 ).][Editorial comment-The Constitution (Thirty-Fifth Amendment) Act, 1974, deals with the appeal raised by the Sikkim government to include them as an associate state in India. In simple words, the people of Sikkim wanted to fill the gap between them and India and thus demanded the special status of an associate state. The Amendment observed the insertion of Article 2A in the constitution. Article 2A stated that Sikkim was associated with the Union while the tenth schedule emphasizes the special conditions of association between the Union and Sikkim. It gives the Sikkim people the right to represent themselves in the Legislative Assembly and various political institutions. This amendment inculcated among the people a sense of belongingness and equal rights as any other citizen.Important Verdicts- State of Sikkim vs Surendra Prasad SharmaAlso Refer][Editorial Comment– The Constitution (Thirty-Sixth Amendment) Act, 1975,Remove article 2A:Formation of Sikkim as a State within the Indian Union. Also Refer]

3. Formation of new States and alteration of areas, boundaries or names of existing States

Parliament may by law-

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the B ill affects the area, boundaries or name of any of the States , the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.[In article 3 of the Constitution, for the proviso, the following proviso shall be substituted through Constitution (Fifth Amendment) Act, 1955][Editorial Comment– The Constitution (Fifth Amendment) Act, 1955, which attempted to modify Article 3 of the Indian Constitution. then-President Rajendra Prasad gave his approval to the bill, which was then published in The Gazette of India on December 26, 1955. Originally, Article 3, did not prescribe a time limit for expression of views by the States on the States reorganization laws. It was feared that the States could forestall the passage of the State Reorganisation Act by not expressing their views for any length of time. The amended Article now provides a time limit within which the State has to express their views. If they do not express their views within the specified time the Bill may be passed by Parliament. Important Verdict: Babulal Parate vs The State Of Bombay And Another & Also Refer ]Explanation I.- In this article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State” does not include a Union territory.Explanation II.- The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.[Editorial Comment– The Constitution (Eighteenth Amendment) Act, 1966, revised Article 3 of the Constitution to give new meaning to the terms “State” and “Union territories”. The modification clarified that in Article 3, the term “State” in clauses (a) to (e) must include “Union territories”. However, this was not applicable in the proviso. It further explained that the power under clause (a) involves the authority of the Parliament for the formation of a new State or Union territory. This may be done by joining a part of any State or Union territory with some other State or Union territory. Also refer ]

4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters

5. Citizenship at the commencement of the Constitution

At the commencement of this Constitution every person who has his domicile in the territory of India and—

shall be a citizen of India.

6. Rights 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—

Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.

7. Rights 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:Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

8. Rights 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 grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), 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 on an application made by him therefore to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

9. Persons 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.

10. Continuance 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.

11. Parliament 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.

12. Definition

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.Editorial Comment – This article provides the definition of the “state” in India and the various organs which come under it. This definition of the State under Article 12 is applicable only for Part 3 (Fundamental Rights) and Part 4 (Directive Principles of State Policy) of the Constitution of India.

The meaning of “Other Authorities” under Article 12 can be understood by looking at leading case laws such as In the case of Rajasthan State Electricity Board v. Mohanlal, AIR 1967wherein it was decided that “other authorities is wide enough to include within it every authority created by a statute on which powers are conferred to carry out governmental or quasi-governmental functions and functioning within the territory of India or under the control of the Government of India.”

The court further laid down the guidelines for deciding ‘any authority’ as ‘Other Authority’ under Article 12, ​In the case of Ramana Dayaram Shetty v. The International Airport (1979): “If the entire shares are owned by the Government, “If almost the entire expenditure is done by the Government”, “If there is a state conferred monopoly in that corporation”, “Whenever there is deep and pervasive control by the Government” and “If the functions by the corporation are of Public importance” and lastly, “If a department of the Government is transferred to a corporation.” 

Indian Courts have interpreted the meaning of ‘State’ in various contexts over time to extend the dimension of Fundamental Rights. 

In the case of University of Madras v. Santa Bai, the Madras High Court evolved the principle of ejusdem generis i.e. of the “like nature”. It means that those authorities are covered under the expression ‘other authorities’ which perform governmental or sovereign functions.

In Sukhdev v. Bhagatram, LIC (Life Insurance Corporation of India) , ONGC (Oil and Natural Gas Corporation) and IFC (International Finance Corporation) were held to be state as they perform very similar functions which seem to be governmental or sovereign functions. 

Another set of discussions have been around the fact of the Judiciary becoming part of the state. Eminent Jurists like H.M.Seervai, V.N.Shukla consider judiciary to be State. Their view is supported by Articles 145 and 146 of the Constitution of India.

“It was held that the Supreme Court is empowered to make rules for regulating the practice and procedure of Courts and is also empowered to make appointments of its staff and servants and decide its service conditions.”

In Prem Garg v. Excise Commissioner H.P. The Supreme Court held that when rule making power of the judiciary is concerned, it is ‘state’.

There have been contrary opinions on this subject too. In Rati Lal v. State of Bombay, it was held that the judiciary is not state for the purpose of Article 12. In A.R.Antulay v. R.S.Nayak and N.S.Mirajkar v. State of Maharashtra, it has been observed that “when rule making power of judiciary is concerned it is state but when exercise of judicial power is concerned it is not state.”

Thus, the word ‘state’ under Article 12 jurisprudence has evolved in India through various interpretations and discussions in the High courts and the Supreme court. It has been given a wider meaning which ensures that Part-III of the constitution can be applied to a larger extent. 

References

Indiankanoon

ConstitutionofIndia.net

Know India Government Portal

Blog Ipleaders

Legal Service India

13. Laws inconsistent with or in derogation of the fundamental rights

14. Equality 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.Editorial Comment -Article 14 rejects any type of discrimination based on caste, race, and religion, place of birth or sex. This Article is having a wide ambit and applicability to safeguard the rights of people residing in India. 

This article is divided into two parts: 

Equality before the Law: This part of the article indicates that all are to be treated equally in the eyes of the law. This is a negative concept as it implies the absence of any privilege in favor of any person. This is a substantive part of the article. 

Equal protection of the Laws: This part means that the same law will be applied to all the people equally across the society. This is a positive concept as it expects a positive action from the state. This is a procedural part of article 14. 

“The dissent of Justice Subba Rao in the State of U.P. v. Deoman Upadhyaya 1960stated that Article 14 comprises both “positive content” as well as “negative content”. Whereas, equality before the law is a negative content, equal protection of the laws exhibits a positive content of Article 14.”

The doctrine of Anti Arbitrariness: The scope of article 14 was drastically increased by the Supreme Court by including the executive discretion under its ambit. In the case of E.P. Royappa v. State of Tamil Nadu, 1974, the court said that Article 14 gives a guarantee against the arbitrary actions of the State. The Right to Equality is against arbitrariness. They both are enemies to each other. So it is important to protect the laws from the arbitrary actions of the Executive.

“The first landmark judgment which actually spotted the virtue of non-arbitrariness in Article 14 was S.G. Jaisinghani v. Union of India . The Court, for the first time held “absence of arbitrary power” as sine qua non to rule of law with confined and defined discretion, both of which are essential facets of Article 14.” In here Justice Subba Rao elaborating on the wide expanse of Article 14 , vide para 14 held thus: “In this context it is important to emphasize that the absence of arbitrary power is the first essential of the rule of law upon which our whole constitutional system is based. In a system governed by rule of law, discretion, when conferred upon executive authorities, must be confined within clearly defined limits.”

In the Maneka Gandhi v. Union of India, 1978,  Justice Bhagwati said that Equality is against the arbitrariness of State action. So this doctrine ensures equality of treatment. “The seven-Judge Bench held that a trinity exists between Article 14, Article 19 and Article 21. All these articles have to be read together. Any law interfering with personal liberty of a person must satisfy a triple test: (i) it must prescribe a procedure; (ii) the procedure must withstand the test of one or more of the fundamental rights conferred under Article 19 which may be applicable in a given situation; and (iii) it must also be liable to be tested with reference to Article 14.”

Natural Justice as a part of Article 14: From the case of A.K. Kraipak v. Union of India, It is evident that Natural Justice (natural justice is technical terminology for the rule against bias and the right to a fair hearing (audi alteram partem)) is an integral part of Article 14.  The court held that “the Principle of Natural Justice helps in the prevention of miscarriage of Justice, These Principles also check the arbitrary power of the State.”

Classification Test: In the case of Ram Krishna Dalmia v. Justice Tendolkar, 1958 the Supreme Court describes the jurisprudence of equality before the law. It simply permits the State to make differential classification of subjects (which would otherwise be prohibited by Article 14) provided that the classification is founded on intelligible differentia (i.e. objects within the class are clearly distinguishable from those that are outside) and has a rational nexus with the objective sought to be achieved by the classification.

In the case of Indra Sawhney v UOI, 1993 which is a landmark judgment on aspects of reservation in India. “The Court interpreted the relation between Article 14 and Article 16. It was held that Article 16(1) is a facet of Article 14. Just as Article 14 permits reasonable classification, so does Article 16(1). A classification may involve reservation of seats or vacancies. The principle aims of Article 14 and 16 is equality and equality of opportunity and Clause (4) of Article 16 is a means of achieving the very same objective. Both the provisions have to be harmonized keeping in mind the fact that both are the restatements of the principle of equality enshrined in Article 14.”

Further expansion of Article 14 was done in the case of Visakha v State of Rajasthan, 1997

“The judgment sought to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India. Sexual Harassment violates the fundamental right of the women of gender equality which is codified under Article 14 of Indian Constitution and also the fundamental right to life and to live a dignified life. The Court held that even though there is no express provision for sexual harassment at workplace under Indian Constitution, it is implicit through these fundamental rights.” (references mentioned below)

Expansion of Article 14 in terms of defining Gender: In the case ofNational Legal Service Authority [NALSA] v UOI, 2014.

“This case was filed by the National Legal Services Authority of India (NALSA) to legally recognize persons who fall outside the male/female gender binary, including persons who identify as “third gender”. While drawing attention to the fact that transgender persons were subject to “extreme discrimination in all spheres of society”, the Court held that the right to equality (Article 14 of the Constitution) was framed in gender-neutral terms (“all persons”). Consequently, the right to equality would extend to transgender persons also.”

Further in Shayara Bano v UOI, 2016 “the 5 Judge Bench of the Supreme Court pronounced its decision in the Triple Talaq Case, declaring that the practice of instantaneous triple talaq [Talaq-ul-biddat] was unconstitutional. The Bench observed that the fundamental right to equality guaranteed under Article 14 of the Constitution, manifested within its fold, equality of status. Gender equality, gender equity and gender justice are values intrinsically entwined in the guarantee of equality, under Article 14.” 

These above discussed landmark cases and many more have contributed to expand the ambit and scope of Article 14 of the Constitution of India, to strive for a more equal and fair society.

References

SCC online

Blog Ipleaders

Wikipedia

Legal Service India

Equality Human Rights

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

16. Equality of opportunity in matters of public employment

17. Abolition 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.Editorial Comment – The Indian Constitution, specifically Article 17, has abolished the practice of untouchability in all its forms. This article explicitly declares the prohibition of untouchability. Furthermore, the Untouchability Offences Act of 1955 (renamed as the Protection of Civil Rights Act in 1976) considers the practice of untouchability as a criminal offense, and individuals engaging in such practices are subject to legal punishment. According to this Act, anything accessible to the general public should be equally accessible to all Indian citizens.​ Article 17 is a very important part of the Right to Equality. It not only provides equality but also social justice. Also the Schedule Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ​led to the establishment of special courts to decide the cases related to the commission of offenses under this act. Section 18 of this Act makes the commission of offenses under this Act a non-bailable offense. 

In Jai Singh v. Union of IndiaRajasthan High Court and in Devrajiah v. B. Padmana of Madras High Court, the court defined the word untouchability.The court said that ‘The subject matter of Article 17 is not untouchable in its literal or grammatical sense but the ‘practice as it had developed historically in the country’. It refers to the social disabilities imposed on certain classes of persons because of their birth in certain castes. Hence, it does not cover the social boycott of a few individuals or their exclusion from religious services, etc.

In the case of People’s Union for Democratic Rights v. Union of India, AIR 1982 the Supreme Court held that when the rights under Article 17 are violated by any private individual then it will be the responsibility of the state to take action immediately. 

Merely because the aggrieved person could themself protect or enforce their invaded fundamental rights, did not absolve the State from its constitutional obligations.

In State of Karnataka v. Appa Balu Ingale, the Supreme Court expressing its concern on the continuance of the practice of untouchability, held that it was an indirect form of slavery is only extension of the caste system. In this case, the accusation against the respondents was that they had forcibly restrained the complainant from taking water from a newly dug-up borewell because they were untouchable.

References

Indian Kanoon

ConstitutionofIndia.net 

Blog Ipleaders 

Law and Other things

18. Abolition of titles

19. Protection of certain rights regarding freedom of speech, etc.

[Editorial Comment – Article 19(1) of the Constitution of India guarantees six fundamental freedoms to every citizen of India. Though all of these six Fundamental Freedoms are not absolute. They contain certain restraints and exceptions within them which are postulated in Article 19(2) to 19(6). 

Freedom of Speech and Expression – Article 19(1)(a) grants citizens the right to freely express their thoughts, opinions, and ideas. This includes the freedom to express oneself through speech, writing, printing, visual representations, or any other means. However, reasonable restrictions can be imposed on this right for the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign nations, public order, decency or morality, contempt of court, defamation, incitement to an offense, or the sovereignty and integrity of Parliament.

The first set of grounds, namely, the sovereignty and integrity of India, the security of the State, friendly relations with foreign States and public order are all grounds referable to national interest. Whereas the second set of grounds, namely, decency or morality, contempt of court, defamation and incitement to an offense are all concerned with the interest of the society. However it is the constitutional obligation of the judiciary to ensure that the restrictions imposed by a law on the media are reasonable and relate to the purposes specified in Article 19(2).Because reasonable restrictions contemplated under the Indian Constitution brings the matter in the domain of the court as the question of reasonableness is a question primarily for the Court to decide. Freedom of speech and expression is a crucial right which is recognized by Article 19(l)(a), It has been held to be a basic and indivisible right for a democratic polity.

In Romesh Thappar v. State of Madras  ,Patanjali Shastri, C.J. observed:“Freedom of speech and of the press lay at the foundation of all democratic organizations, for without free political discussion no public education, so essential for the proper functioning of the process of popular government, is possible”The expression ‘Freedom of press’ is part of the ambit of article 19 and it means the right to print and publish without any interference from the state or any other public authority. But this Freedom, like other freedoms, cannot be absolute but is subject to well known exceptions acknowledged in the public interests, which in India are enumerated in Article 19(2) of the constitution.

Thus, in Prabhu Dutt v. Union of India the Supreme Court has held that the right to know news and information regarding administration of the Government is included in the freedom of press. But this right is not absolute and restrictions can be imposed on it in the interest of the society and the individual from which the press obtains information. They can obtain information from an individual when he voluntarily agrees to give such information.

In Bennett Coleman & Co v. Union of India (1972), the Hon’ble Supreme Court held that the freedom of the press embodies the right of the people to free speech and expression. It was held that “Freedom of the press is both qualitative and quantitative. Freedom lies both in circulation and in content.”

In the case of Shreya Singhal v. Union of India, 2015 Section 66A of the Information Technology Act was challenged. Under this section, there were several arrests which were made due to which a wide outrage was seen in society. The petitioners said that this Article is infringing the Freedom of Speech and Expression. The Supreme Court stroked down this provision saying that this provision is too vague and prone to misuse.

In the State of U.P. v. Raj Narain (1975), the Supreme Court observed that the right to know is derived from the concept of freedom of speech. The Court further held that the people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries.

Right to speak includes the right to not speak or the right to remain silent. In Bijoe Emmanuel v. State of Kerala (1986), the Supreme Court upheld the right to silence of three students who were expelled from school because they refused to sing the National Anthem. The Court held that no person can be compelled to sing the National Anthem if he has genuine conscientious objections based on his religious belief. Hence, the right to speak and the right to express includes the right not to express and to be silent.

Freedom to Assemble Peacefully – Article 19(1)(b) ensures the right to peacefully assemble and hold public meetings or processions without arms. This right allows citizens to come together for various purposes, such as protests, demonstrations, or discussions. However, reasonable restrictions can be imposed on this right in the interests of public order, sovereignty, and integrity of India.

In Himmat Lal v. Police Commissioner, Bombay (1972), the Supreme Court struck down a rule that empowered the police commissioner to impose a total ban on all public meetings and processions. It was held that the state could only make regulations in aid of the right of assembly of citizens and could impose reasonable restrictions in the interest of public order but no rule could be prescribed prohibiting all meetings or processions altogether.

Freedom to Form Associations or Unions – Article 19(1)(c) guarantees the right to form associations or unions. Citizens have the freedom to form social, cultural, economic, or political associations or unions. This right allows individuals to collectively pursue common goals or interests. However, reasonable restrictions can be imposed on this right in the interests of public order, morality, or the sovereignty and integrity of India.

In Damyanti v. Union of India (1971), the Supreme Court upheld the right of the members of an association to continue the association with its composition as voluntarily agreed upon by the persons forming the association.

Freedom to Move Freely – Article 19(1)(d) ensures the right to move freely throughout the territory of India. Citizens have the liberty to move within the country, reside in any part of India, and settle in any place of their choice. However, reasonable restrictions can be imposed on this right in the interests of public order, security of the State, or the sovereignty and integrity of India.

In Chambara soy v. Union of India (2007), some persons had blocked a road due to which the petitioner was delayed in taking his ailing son to the hospital and his son died on arrival at the hospital. The Supreme Court held that the right of the petitioner to move freely under Article 19(1)(d) has been violated due to the road blockage. The Court held that the State is liable to pay the compensation for the death of the petitioner’s son due to the inaction on the part of the State authorities in removing the aforesaid blockage.

Freedom to Reside and Settle – Article 19(1)(e) guarantees the right to reside and settle in any part of India. Citizens have the freedom to choose their place of residence and settle anywhere within the country. However, reasonable restrictions can be imposed on this right in the interests of public order, protection of scheduled tribes, or the sovereignty and integrity of India.

In the case of U.P. Avas Evam Vikas Parishad v. Friends Co-op. Housing Society Ltd.(1995), it was held by the Supreme Court that the right to residence under Article 19(1)(e) includes the right to shelter and to construct houses for that purpose.

Freedom to Practice Profession, Occupation, Trade, or Business – Article 19(1)(g) provides the right to practice any profession, occupation, trade, or business. Citizens have the freedom to choose and engage in their preferred livelihoods. However, reasonable restrictions can be imposed on this right in the interests of the general public, professional qualifications, or the sovereignty and integrity of India.

In the landmark judgment, Chindamanrao v. State of M.P. (AIR 1951), the Central Provinces imposed a ban on the making of Bidis during the Agricultural Seasons. The manufacturing of Bidis used to work as an additional income for the women of the local area. So the act by the government of the Central province was challenged in the Supreme Court. Court decided that the act made by the government is arbitrary and does not fall under the reasonable restrictions.

The Hon’ble Supreme Court inVishaka v. State of Rajasthan (1997) has observed that the sexual harassment of working women in workplaces violates the fundamental right under Article 19(1)(g). In this case, comprehensive guidelines and binding directions were issued by the court to prevent the incidents of sexual harassment of women at workplaces in both public and private sectors.]ReferencesIndianKanoonConstitutionofIndia.netBlog Ipleaders Legal Service India Wikipedia[Editorial comment-The Constitution (Sixteenth Amendment) Act, 1963, it amended the Clauses (2), (3), and (4) of Article 19. This was done to enable the state to make laws that, in the interests of the sovereignty and integrity of India, place reasonable restrictions on the enjoyment of the rights conferred by sub-clauses (a), (b), and (c) of clause 1 of the article.][Editorial comment-The Constitution (Ninety-seventh Amendment) Act, 2011,was proposed to overcome the difficulties faced by Cooperative societies and improve their performance and status in the country. The extensive establishment of cooperatives was envisioned as one of the attempts to achieve social and economic justice and the equitable distribution of the advantages of progress. According to this Amendment, these societies are given constitutional status and are legally protected while also maintaining their autonomous or democratic functioning. The Constitution was amended to require that the states guarantee the autonomy of cooperatives, and as a result, state governments are now required to support the voluntary formation, autonomous decision-making, democratic control, and operation of cooperatives. The Act witnessed many changes such as modification in Part III of Article 19(1)(c) with the insertion of the words “or co-operative societies”, and the addition of Article 43B (working towards enhancing the co-Operative Societies’ Voluntary formation, independent operation, and professional management) and Part IX B to the Indian Constitution. However, the 97th Amendment faced challenges in the High Court of Gujarat as the Parliament didn’t ask for approval from the state legislatures before passing the bill. The ratification/approval is necessary for matters concerning states and since the cooperative societies are a part of the state legislature, ratification was required. On July 20, 2021, the Supreme Court of India declared the 97th Amendment Act Unconstitutional. According to the Supreme Court ratification from states was necessary to pass the amendment which didn’t take place. The Supreme Court also said that the responsibility of Multistate Co-Operative societies is of the Centre while that of the State co-operative societies is of the state. As of the current scenario, parts of the 97th Amendment on cooperatives are struck down.Also Refer][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]

20. Protection in respect of conviction for offences

21. Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law.Editorial Comment – Article 21 of the Indian Constitution guarantees the fundamental right to protection of life and personal liberty. It ensures certain safeguards against arbitrary deprivation of life and liberty. 

Article 21 asserts that no person shall be deprived of their life except according to the procedure established by law. This means that every individual has the right to live, and their life cannot be taken away except in accordance with the prescribed legal procedures. The right to life encompasses various aspects, including the right to live with dignity, the right to livelihood, and the right to a healthy environment. Article 21 also protects the personal liberty of individuals. It states that no person shall be deprived of their personal liberty except according to the procedure established by law. Personal liberty includes the freedom to move freely, the freedom to choose one’s place of residence, and the freedom to engage in any lawful occupation or profession.

​In the landmark judgment, A.K. Gopalan v. The State of Madras, the Supreme Court held that personal liberty means the “liberty of the body” which is freedom from arrest and detention from false detention. The Supreme Court added that the meaning of the word ‘law’ means state made law only. So clearly this was a narrow interpretation of the word Personal freedom and Law. ​But in later cases, this view was redressed by the Judiciary. In the case of R.C. Cooper v. Union of India (1970) the court held that the word personal liberty would not only include Article 21 but also includes the 6 Fundamental Freedoms given under Article 19 (1).

​In the case of Kharak Singh v. State of Uttar Pradesh, AIR 1963, the court adopted a wider meaning of personal liberty and said that it will include all the rights which are given under Article 19(1).

In the landmark judgment Maneka Gandhi v. Union of India (1978), Supreme Court held that the right to life and personal liberty under Article 21 is not limited to mere animal existence but includes the right to live with dignity. The court emphasized that the procedure established by law must be fair, just, and reasonable, and it cannot be arbitrary, oppressive, or unreasonable.

In Olga Tellis v. Bombay Municipal Corporation (1985), the court recognized the right to livelihood as an integral part of the right to life under Article 21. It held that the eviction of pavement dwellers without providing alternative arrangements would violate their right to life and personal liberty.

In the landmark judgment, Vishaka v. State of Rajasthan (1997), the supreme court addressed the issue of sexual harassment at the workplace. The court held that the right to a safe and secure working environment is a fundamental right flowing from Article 21. It laid down guidelines to prevent and redress sexual harassment at workplaces until appropriate legislation was enacted.

In, National Legal Services Authority v. Union of India and Ors (2014), ​The National Legal Services Authority filed a PIL to protect the interests of transgendered persons. The court held that the Gender of a person is to be decided by the person themself after looking into the Right to Life Article. So all the rights which are given to normal people must be given to transgendered people like Public toilets, medical care for transgendered persons and the provisions of reservations under Article 15 and 16 must be extended to them as they classify as a minority section.

In the case, Animal Welfare Board v. A. Nagaraja (2014), rights which are given to animals were up for contention (especially bulls used in Jallikattu festival). In this case, the Animal Welfare Board of India (AWBI) brought the attention of the court towards the cruelty and inhuman behavior which is faced by the animals which are used in the Jallikattu festival. ​

The court held that they have a duty under the doctrine of ‘parens patriae’ to take care of the rights of animals. Article 51A (g) of the Constitution also gives the principle of compassion towards living beings and animals. So under this case, the Supreme Court ruled that Jallikattu is constitutionally void.

In another landmark judgment, K.S. Puttaswamy v. Union of India (2017) (privacy judgment) the Supreme Court recognized the right to privacy as a fundamental right protected under Article 21. The court held that privacy is an essential aspect of personal liberty and dignity and is intrinsic to the entire constitutional scheme.

In Common Cause v. Union of India (2018), the court legalized passive euthanasia and recognized the right to die with dignity as a fundamental right under Article 21. The court held that individuals have the right to refuse medical treatment or life support and can make an advance directive specifying their wishes in case of terminal illness.

Article 21 also prohibits arbitrary or unlawful detention. It ensures that no person can be detained without proper legal justification or without following the due process of law. It safeguards against arbitrary arrests and protects individuals from being unlawfully deprived of their freedom. It also encompasses the right to a fair trial. It guarantees that every person accused of an offense shall have the right to a fair and impartial trial, including the right to legal representation, the right to be heard, and the right to present evidence in their defense.

In the case, A.K. Roy v. Union of India (AIR 1982) (NSA case), the Supreme Court discussed whether the provisions of Natural Justice should be applied to the National Security act or not. This Act took away many important rights of a detained person like Right to be represented by a lawyer, Right to cross-examine the detaining authority etc. The court held that Natural justice is important but it cannot be applied in all the acts. It is important to look at the circumstances and the purpose of making the Act. So based on this logic the court upheld the NSA Act (1980).

The interpretation and scope of Article 21 have evolved through various landmark judgments of the Supreme Court, expanding its ambit to include protection against torture, custodial violence, and the right to a clean and healthy environment. It’s important to note that reasonable restrictions can be imposed on the rights guaranteed under Article 21 in the interests of public order, national security, public health, or morality. However, such restrictions must be fair, just, and in accordance with the principles of reasonableness and proportionality.ReferencesIndianKanoon Legal Service India Lawctopus Academike Wikipedia

21A. Right 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.Editorial Comment– Article 21A of the Indian Constitution guarantees the right to education as a fundamental right for children between the ages of 6 and 14 years. It was introduced by the 86th Amendment Act of 2002 with the aim of providing free and compulsory education to all children in the specified age group. The amendment makes it the duty of the State to ensure that every child within the specified age group receives compulsory education. It prohibits discrimination and ensures equal opportunities for education. Article 21A guarantees that education provided by the State to children in the specified age group should be free of charge. It aims to remove financial barriers that could hinder access to education. The responsibility for implementing the provisions of Article 21A lies with the respective state governments. They are tasked with ensuring that adequate infrastructure, facilities, and qualified teachers are available to provide quality education to all children.

To give effect to the provisions of Article 21A, the Right to Education (RTE) Act was enacted in 2009. The RTE Act further elaborates on the specifics of free and compulsory education, including the responsibilities of the government, admission processes, curriculum, and standards for schools, and mechanisms for monitoring and enforcing the right to education.ReferencesMinistry of Education [Editorial comment-The Constitution (Eighty-sixth Amendment) Act, 2002, provides certain important provisions to strengthen the educational system of the country. It ensures that children under the age of 14 have the right to free formal education and mandates the state to provide suitable schooling and educational opportunities for them. This amendment is a significant step toward ensuring that all children from the age of six to fourteen receive a free primary education, while also protecting their rights to attain quality education in a safe environment.Also Refer]

22. Protection against arrest and detention in certain cases

23. Prohibition of traffic in human beings and forced labour

24. Prohibition 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.Editorial Comment – Article 24 of the Indian Constitution pertains to the prohibition of child labor. It aims to protect the rights and welfare of children by prohibiting their employment in certain hazardous occupations or processes. 

Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or hazardous occupation. The intention is to prevent exploitation, safeguard the health and development of children, and ensure their access to education. The article allows for certain exceptions where child labor may be permitted, such as engaging children in non-hazardous family-based work, work as part of a school’s curriculum, or in any other harmless or innocent occupation.

This article also empowers the government to enact legislation to determine the specific occupations and processes that are considered hazardous for children. The government has the authority to impose necessary restrictions and regulations to enforce this provision effectively.

Article 24 is closely linked to Article 21A, which guarantees the right to education for children between the ages of 6 and 14 years. By prohibiting child labor, Article 24 promotes the realization of the right to education and ensures that children have the opportunity to develop their potential and skills through proper schooling.

In this landmark case, M.C. Mehta v. State of Tamil Nadu (1997), the Supreme Court addressed the issue of child labor in the firecracker industry. The court prohibited the employment of children in hazardous industries, including the manufacture of firecrackers. It emphasized the importance of enforcing Article 24 to protect the rights and welfare of children and directed the government to take necessary measures to eradicate child labor.

In People’s Union for Democratic Rights v. Union of India (1982), The Supreme Court dealt with the issue of child labor in matchbox factories. The court recognized that child labor in hazardous industries was a violation of their fundamental rights. It held that the prohibition on child labor under Article 24 must be effectively enforced to ensure the well-being and development of children.

In Bachpan Bachao Andolan v. Union of India (2011), the Supreme Court addressed the issue of child labor in various industries, including carpet weaving. The court reiterated the importance of implementing and enforcing the provisions of Article 24 to eradicate child labor and protect the rights of children. It directed the government to take measures for the rescue, rehabilitation, and education of children involved in labor.ReferencesIndianKanoonConstitutionofIndia.net Legal Service India Academic Article

25. Freedom of conscience and free profession, practice and propagation of religion

26. Freedom to manage religious affairs

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

27. Freedom 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.Editorial Comment – Article 27 ensures that individuals are not forced to contribute through taxes towards the promotion or maintenance of any specific religion or religious denomination. It upholds the principle of religious neutrality and prevents the use of public funds for the advancement of a particular religious belief or institution. The aim of Article 27 is to maintain a secular state where the government remains impartial towards all religions and does not favor or promote any specific religion using public funds. It ensures that taxpayers’ money is not utilized to endorse or support any particular religious agenda, thus preserving the religious freedom and equality of citizens.

In Sri Jagannath v. the State of Orissa, AIR 1954, the court upheld the fee which was imposed. The court stated that the annual contribution was a fee and not a tax. This payment was demanded to meet the expenses of the Commissioner and his office which was set up for the administration of the religious institution.

​

In Nasima Khatun v. State of West Bengal, AIR 1981, the Bengal Wakfs Act was amended in 1973. Through this amendment, the contribution was to be asked by people for the education for economically weaker and meritorious students. The court said that this tax does not fall under Article 27 as a tax but it is a kind of Fee, which is not a prerogative of Article 27.

​

In P.M. Bhargava v. University Grants Commission, AIR 2004, the court said that the teaching of Jyotish Vigyan in a University by University Grants Commission is not religious teaching. This is a secular activity. So it does not fall under Article 27 of the Indian Constitution.ReferencesIndianKanoonConstitutionofIndia.netLegal Service India

28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions

29. Protection of interests of minorities

30. Right of minorities to establish and administer educational institutions

31. Compulsory acquisition of property [REPEALED]

[Rep. by the Constitution (Forty-fourth Amendment) Act, 1978 , section. 6 (w.e.f. 20.6.1979).][Editorial Comment – Article 31 of the Indian Constitution was repealed and replaced by the 44th Constitutional Amendment Act in 1978. The original Article 31 dealt with the right to property, but it was repealed and replaced by Article 300A.

Article 300A states that no person shall be deprived of his or her property except by the authority of law. It provides protection to individuals against arbitrary deprivation of their property by the state. It ensures that if the state acquires private property for public purposes, it must do so in accordance with the law and provide fair compensation to the affected individuals.]

31A. Saving of laws providing for acquisition of estates, etc.

[After Article 31 of the Constitution, the following article shall be inserted through Constitution (First Amendment) Act, 1951]

31B. Validation of certain Acts and Regulations

[After Article 31-A of the Constitution, the following article 31-B shall be inserted through Constitution (First Amendment) Act, 1951]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, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.[Editorial comment – In the case of I R Coelho v. State of Tamil Nadu (2007): It was held that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution. The laws placed under Ninth Schedule after April 24, 1973 shall be open to challenge in court if they violated fundamental rights guaranteed under Article 14, 19, 20 and 21 of the Constitution. It was further held that if the constitutional validity of any law under the ninth schedule has been upheld before, in future it cannot be challenged again.]

31C. Saving 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 and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy:Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.[Editorial comment-The Constitution (Twenty-Fifth Amendment) Act, 1971, this amendment would also to insert a new clause 31(C) in the Constitution, which would prevent a bill from being challenged in the Court, either under Article 14 (equality before the law), Article 19 (right to property, freedom of association, speech, religion etc.) or Article 31 (on deprivation of law except under authority of law), if Parliament certified that the bill was intended to ensure equitable distribution of material resources or to prevent concentration of economic power.Important Verdict-Rustom Cavasjee Cooper v. Union Of India] The Court also held that a law which seeks to acquire or requisition property for public purposes must satisfy the requirement of Article 19 (1)(f). The 25th Amendment sought to overcome the restrictions imposed on the government by this ruling.Also refer]][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]

31D. Saving of laws in respect of anti-national activities [Repealed]

[After article 31C of the Constitution and before the sub-heading “Right to Constitutional Remedies”, the following article shall be inserted through Constitution (Forty-Second Amendment) Act, 1976]Notwithstanding anything contained in article 13, no law providing for-(a)the prevention or prohibition of anti-national activities; or(b)the prevention of formation of, or the prohibition of, anti-national associations,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, article 19 or article 31.

32. Remedies for enforcement of rights conferred by this Part

ReferencesLegal Service IndiaThe Legal QuotientBlog Ipleaders

32A. Constitutional validity of State laws not to be considered in proceedings under article 32 [Repealed]

Notwithstanding anything in article 32, the Supreme Court shall not consider the constitutional validity of any State law in any proceedings under that article unless the constitutional validity of any Central law is also in issue in such proceedings.[Rep . b y the Constitution (Forty-third Amendment) Act, 1977 , section 3 (w .e.f . 13. 4. 1978)][Editorial comment-The Constitution (Forty-Third Amendment) Act, 1977, Article 32(A) of the Constitution said that the Supreme Court would not look at the constitutionality of state laws during writ proceedings to enforce Fundamental Rights. The said article has been omitted.Also Refer][Any proceedings pending before the Supreme Court under article 32 of the Constitution immediately before the commencement of this Act may be dealt with by the Supreme Court as if the said article 32A had been omitted with effect on and from the 1st day of February, 1977.]

33. Power 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,-

[[[Editorial comment-The Constitution (Fiftieth Amendment) Act, 1984, dealt with the modification of Article 33 majorly. The Act has been amended to include employees working for the State for purposes of intelligence and counterintelligence bureaus, as well as those hired for telecommunication systems related to any Force, bureau, or organization. This amendment was made to ensure that employees perform their duties properly and maintain discipline. The amendment recognizes the importance of maintaining proper performance and discipline in these organizations.Also Refer]

34. Restriction 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 within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

35. Legislation to give effect to the provisions of this Part

Notwithstanding anything in this Constitution,—

and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);

Explanation.—In this article, the expression “law in force” has the same meaning as in article 372.

35A. Saving of laws with respect to permanent residents and their rights. —

Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State:

[Editorial Note-Article 370 of the Constitution of India provided a special status to the state of Jammu and Kashmir, granting it a degree of autonomy within the Indian union. Article 370 was incorporated into the Constitution of India as a temporary provision, with the intention of providing a framework for negotiations between the Indian government and the leadership of Jammu and Kashmir to determine the state’s final political status. This was done through the instrument of a Presidential Order in 1954, which extended various provisions of the Indian Constitution to Jammu and Kashmir, subject to certain modifications. Article 370 was incorporated into the Constitution of India as a temporary provision, with the intention of providing a framework for negotiations between the Indian government and the leadership of Jammu and Kashmir to determine the state’s final political status. This was done through the instrument of a Presidential Order in 1954, which extended various provisions of the Indian Constitution to Jammu and Kashmir, subject to certain modifications. Article 370 and Article 35A were closely linked in terms of their impact on the constitutional and legal status of Jammu and Kashmir. Article 370 was the constitutional provision that granted special status to Jammu and Kashmir, while Article 35A was a legal provision that flowed from Article 370 and gave the state of Jammu and Kashmir the power to define who is a “permanent resident” of the state, and to confer special rights and privileges to these residents. Article 35A was added to the Indian Constitution through a Presidential Order in 1954, which was issued under the authority of Article 370. The provision allowed the Jammu and Kashmir state legislature to define permanent residents of the state and provide them with special rights and privileges, such as the right to own property, access to government jobs, and scholarships. The provision also prohibited non-permanent residents from acquiring any of these rights or privileges. In April 2018, the Supreme Court of India ruled that Article 370 had attained permanency since the state constituent assembly has ceased to exist. To overcome this legal challenge, the Indian government instead rendered Article 370 as ‘Inoperative’ even though it still exists in the constitution. On 5 August, issued a Presidential Order C.O. 272; the Constitution (Application to Jammu and Kashmir) Order, 2019 which superseded the Constitution (Application to Jammu and Kashmir) Order, 1954. This in effect meant that the separate Constitution of Jammu and Kashmir stood inoperative, and a single constitution now applied to all the Indian states. The order was issued using the third clause of Article 370, which authorized the President of India to declare the article inoperative with exceptions and modifications, if recommended by the (non-existent) state constituent assembly to do so. To circumvent the legal issue of the non-existent state constituent assembly, the President used the Clause (1) of Article 370, which conferred him with the power to modify the Indian Constitution on subjects related to Jammu and Kashmir. So he first added a new clause to Article 367, which deals with interpretation of the Constitution. He replaced the phrase ‘Constituent Assembly of the State’ with ‘Legislative Assembly of the State’. Since the state legislative assembly has been suspended, the order says that any reference to the legislative assembly will be construed as a reference to the Governor of Jammu and Kashmir. The governor is an appointee of the Central government. Therefore, the Indian Parliament now functions for the state legislative assembly.]

36. Definition

In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.

37. Application 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 (he Stale to apply these principles in making laws.

38. State to secure a social order for the promotion of welfare of the people

39. Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing–

[In article 39 of the Constitution, for clause (f), the following clause shall be substituted through Constitution (Forty-Second Amendment) Act, 1976]

[Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976, New DPSPs (Directive Principles of State Policy) had been added to the existing list, where it secure opportunities for the healthy development of children. Important Verdict-Minerva Mills Ltd. And Ors. vs Union Of India (Uoi) And Ors. Also Refer]

39A. Equal justice and free legal aid

[After article 39 of the Constitution, the following article shall be inserted through Constitution (Forty-Second Amendment) Act, 1976]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.[Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976,New DPSPs (Directive Principles of State Policy) had been added to the existing list, where to promote equal justice and to provide free legal aid to the poor. Important Verdict-Minerva Mills Ltd. And Ors. vs Union Of India (Uoi) And Ors. Also Refer]

40. Organisation of village panchayats

The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

41. Right 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.

42. Provision 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.

43. Living 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 and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

43A. Participation of workers in management of industries

[After article 43 of the Constitution, the following article shall be inserted Constitution (Forty-Second Amendment) Act, 1976]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.[Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976, New DPSPs (Directive Principles of State Policy) had been added to the existing list, where To take steps to secure the participation of workers in the management of industries. Important Verdict-Minerva Mills Ltd. And Ors. vs Union Of India (Uoi) And Ors. Also Refer]

43B. Promotion of cooperative societies

The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.[Editorial comment-The Constitution (Ninety-seventh Amendment) Act, 2011,addition of Article 43B to the Constitution. This article mainly deals with the development of Cooperative societies. It says that the state shall strive to promote the voluntary formation, democratic control, and professional management of cooperative societies. Also Refer]

44. Uniform civil code for the citizens

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

45. Provision for free and compulsory education for children

The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

46. Promotion 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.

47. Duty 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 and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

48. Organisation 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.

48A. Protection and improvement of environment and safeguarding of forests and wild life

[After article 48 of the Constitution, the following article shall be inserted Constitution (Forty-Second Amendment) Act, 1976]The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.[Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976, New DPSPs (Directive Principles of State Policy) had been added to the existing list, where to protect and improve the environment and to safeguard forests and wildlife. Important Verdict-Minerva Mills Ltd. And Ors. vs Union Of India (Uoi) And Ors. Also Refer]

49. Protection 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 interests,declared by or under law made by Parliament to be of national importance, from spoilation, disfigurement, destruction, removal, disposal or export, as the case may be.

50. Separation of judiciary from executive

The State shall take steps to separate the judiciary from the executive in the public services of the State.

51. Promotion of international peace and security

The State shall endeavour to–

51A. Fundamental duties

[After Part IV of the Constitution, the following Part shall be inserted Constitution (Forty-Second Amendment) Act, 1976]It shall be the duty of every citizen of India–

[Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976, defined the 10 Fundamental Duties of Citizens. This amendment was in line with the Swaran Singh Committee modifications.Important Verdict-Minerva Mills Ltd. And Ors. vs Union Of India (Uoi) And Ors. Also Refer]

52. The President of India

There shall be a President of India.

53. Executive power of the Union

54. Election of President

The President shall be elected by the members of an electoral college consisting of–

Explanation.–In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.[Editorial comment-The Constitution (Seventieth Amendment) Act, 1992, incorporated the elected members of the Pondicherry Legislative Assembly into the President’s Electoral College. The Electoral College for the presidential election will now include the National Capital Territory of Delhi and the Union Territory of Pondicherry.Also Refer]

55. Manner of election of President

56. Term of office of President

57. Eligibility for re-election

A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.

58. Qualifications for election as President

59. Conditions of President’s office

60. Oath or affirmation by the President

Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say-“I, A.B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India and will do the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.”

61. Procedure for impeachment of the President

62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy

63. The Vice-President of India

There shall be a Vice-President of India.

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

The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit:Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of Stales and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.

65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President

66. Election of Vice-President

67. Term of office of Vice-President

The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:Provided that-

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

69. Oath or affirmation by the Vice-President

Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say“I, A.B., do swear in the name of God/solemnly affirm that I will bear true faith, and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”

70. Discharge of President’s functions in other contingencies

Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.

71. Matters relating to, or connected with, the election of a President or Vice-President

72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

73. Extent of executive power of the Union

74. Council of Ministers to aid and advise President

75. Other provisions as to Ministers

76. Attorney-General for India

The Attorney-General for India

77. Conduct of business of the Government of India

78. Duties of Prime Minister as respects the furnishing of information to the President, etc.

It shall be the duty of the Prime Minister–

79. Constitution 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 and the House of the People.

80. Composition of the Council of States

81. Composition of the House of the People

82. Readjustment after each census

Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House:Provided further that such readjustment shall take effect from such date as President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:Provided also that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust-

[Editorial comment-The Constitution (Seventh Amendment) Act, 1956, it was suggested to merge and change Clause 2 of 81 and 82. This was done to include requirements for Union Territories. Also Refer ]

83. Duration of Houses of Parliament

84. Qualification for membership of Parliament

A person shall not be qualified to be chosen to fill a seat in Parliament unless he–

[Editorial comment-The Constitution (Sixteenth Amendment) Act, 1963, were amended, to provide that every candidate for the membership of Parliament or state legislatures, Union and state ministers, Judges of the supreme court and high courts, and the comptroller and Auditor- General of India should swear an oath to uphold the sovereignty and integrity of India. The forms of oath in the third schedule are amended.]

85. Sessions of Parliament, prorogation and dissolution

86. Right of President to address and send messages to Houses

87. Special address by the President

88. Rights of Ministers and Attorney-General as respects Houses

Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.

89. The Chairman and Deputy Chairman of the Council of States

90. Vacation and resignation of, and removal from, the office of Deputy Chairman

A member holding office as Deputy Chairman of the Council of States–

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

93. The Speaker and Deputy Speaker of the House of the People

The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.

94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

A member holding office as Speaker or Deputy Speaker of the House of the People–

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker

There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.

98. Secretariat of Parliament

99. Oath or affirmation by members

Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

101. Vacation of seats

102. Disqualifications for membership

103. Decision on questions as to disqualifications of members

104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified

If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.

105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof

106. Salaries and allowances of members

Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India.

107. Provisions as to introduction and passing of Bills

108. Joint sitting of both Houses in certain cases

109. Special procedure in respect of Money Bills

110. Definition of “Money Bills”

111. Assent to Bills

When a Bill has been passed by the Houses of Parliament, it shall be presented to the President and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.

112. Annual financial statement

113. Procedure in Parliament with respect to estimates

114. Appropriation Bills

115. Supplementary, additional or excess grants

116. Votes on account, votes of credit and exceptional grants

117. Special provisions as to financial Bills

118. Rules of procedure

119. Regulation by law of procedure in Parliament in relation to financial business

Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament under clause (1) of article 118 or with any rule or standing order having effect in relation to Parliament under clause (2) of that article, such provision shall prevail.

120. Language to be used in Parliament

121. Restriction on discussion in Parliament

No discussions shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties expect upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided.

122. Courts not to inquire into proceedings of Parliament

123. Power of President to promulgate Ordinances during recess of Parliament

124. Establishment and Constitution of Supreme Court

124A. National Judicial Appointments Commission

124B. Functions of Commission

It shall be the duty of the National Judicial Appointments Commission to-

124C. Power of Parliament to make law

Parliament may, by law, regulate the procedure for the appointment of Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and empower the Commission to lay down by regulations the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered necessary by it.[Editorial comment-The Constitution (Ninety-ninth Amendment) Act, 2012, specifies the ability of Parliament to enact laws. The Chief Justice of India, along with the other Supreme Court and High Court justices, may be recommended by regulation that is to be managed by the Indian Parliament. The committee may propose any rules and processes necessary for this arrangement.{>https://en.wikipedia.org/wiki/Ninety-ninth_Amendment_of_the_Constitution_of_India Also Refer]}}

125. Salaries, etc., of Judges

126. Appointment of acting Chief Justice

When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.

127. Appointment of ad hoc Judges

128. Attendance of retired Judges at sittings of the Supreme Court

Not withstanding anything in this Chapter, the Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, been titled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court:Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.[Editorial comment-The Constitution (Fifteenth Amendment) Act, 1963, a revised version of Article 128 allows for the appointment of a retired judge from a High Court to serve as a judge of the Supreme Court.]

129. Supreme 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.

130. Seat of Supreme Court

The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.

131. Original 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–

Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, named or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.[Editorial comment-The Constitution (Seventh Amendment) Act, 1956, it was substituted due to the absence of Part B states the clause in this article needs to be amended. It discusses the Supreme Court’s original jurisdiction. The jurisdiction of the Supreme Court needs to be revised because the Part B states have changed. Also Refer ]

131A. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws [Repealed]

Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,—

[Article 131A of the Constitution shall be omitted.][Notwithstanding anything contained in sub-section (1), where immediately before the commencement of this Act any reference made by a High Court under the said article 131A is pending before the Supreme Court, the Supreme Court may, having regard to-(a)the stage at which the reference is so pending; and(b)the ends of justice, either deal with the case as if that article had not been omitted or return the case of the High Court for disposal as if that article had been omitted with effect on and from the 1st day of February, 1977.][Rep. by the Constitution (Forty-third Amendment Act, 1977, section 4 (w.e.f. 13.4.1978][Editorial comment-The Constitution (Forty-Third Amendment) Act, 1977, Section 4 omits article 131(A) relating to the exclusive jurisdiction of the Supreme Court in regard to questions as to the constitutional validity of Central laws.Also Refer]

132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases

133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

134. Appellate jurisdiction of Supreme Court in regard to criminal matters

134A. Certificate for appeal to the Supreme Court

Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134-

[Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]

135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.

136. Special leave to appeal by the Supreme Court

137. Review 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.

138. Enlargement of the jurisdiction of the Supreme Court

139. Conferment on the Supreme Court of powers to issue certain writs

Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warrant to and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.

139A. Transfer of certain cases

140. Ancillary powers of Supreme Court

Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.

141. Law 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.

142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc

143. Power of President to consult Supreme Court

144. Civil and judicial authorities to act in aid of the Supreme Court

All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

144A. Special provisions as to disposal of questions relating to constitutional validity of laws [Repealed]

Notwithstanding anything contained in this Constitution, the provisions of the Constitution (Twenty-fifth Amendment) Act, 1971, shall remain in force until the expiration of a period of six months after the 1st day of March, 1977.[Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 5 (w.e.f. 13.4.1978).][Editorial comment-The Constitution (Forty-Third Amendment) Act, 1977, A Central or State law could only be declared unconstitutional by the Supreme Court under Article 144(A) with a bench of at least 7 justices. Moreover, a two-thirds special majority of the bench is required.Also Refer]

145. Rules of court, etc.

146. Officers and servants and the expenses of the Supreme Court

147. Interpretation

In this Chapter and in Chapter V of Part VI references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any order in Council or order made there under, or of the Indian Independence Act, 1947, or of any order made there under.

148. Comptroller and Auditor-General of India

149. Duties and powers of the Comptroller and Auditor-General

The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the” accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in mat behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.

150. Form of accounts of the Union and of the States

The accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the Comptroller and Auditor-General of India, prescribe.[Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]

151. Audit reports

152. Definition

In this Part, unless the context otherwise requires, the expression “State”does not include the state of Jammu and Kashmir.

153. Governors 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.[Editorial comment-The Constitution (Seventh Amendment) Act, 1956, it amended Article 153 where the selection of a governor for each state turned into a problem with inefficiency. It was discovered that a governor could oversee two or more states, doing away with the need to appoint governors for each state and territory. The President was unable to proceed because of the article’s provision, thus, a constitutional revision was required. This was changed to permit the allocation of more than one state to a governor as needed. Also Refer ]

154. Executive power of State

155. Appointment of Governor

The Governor of a State shall be appointed by the President by warrant under his hand and seal.

156. Term of office of Governor

157. Qualifications for appointment as Governor

No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.

158. Conditions of Governor’s office

159. Oath or affirmation by the Governor

Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that court available, an oath or affirmation in the following form, that is to say–“I, A.B., do swear in the name of God / solemnly affirm faithfully execute the office of Governor (or discharge the functions of the Governor) of ….. (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of …….(name of the State).”

160. Discharge of the functions of the Governor in certain contingencies

The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.

161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

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.

162. Extent of executive power of State

Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by the Constitution or by any law made by Parliament upon the Union or authorities thereof.

163. Council of Ministers to aid and advise Governor

164. Other provisions as to Ministers

165. Advocate-General for the State

The Advocate-General for the State

166. Conduct of business of the Government of a State

167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.

It shall be the duty of the Chief Minister of each State–

168. Constitution of Legislatures in States

169. Abolition or creation of Legislative Councils in States

170. Composition of the Legislative Assemblies

171. Composition of the Legislative Councils

172. Duration of State Legislatures

173. Qualification for membership of the State Legislature

A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he

[Editorial comment-The Constitution (Sixteenth Amendment) Act, 1963, were amended, to provide that every candidate for the membership of Parliament or state legislatures, Union and state ministers, Judges of the supreme court and high courts, and the comptroller and Auditor- General of India should swear an oath to uphold the sovereignty and integrity of India. The forms of oath in the third schedule are amended.]

174. Sessions of the State Legislature, prorogation and dissolution

175. Right of Governor to address and send messages to the House or Houses

176. Special address by the Governor

177. Rights of Ministers and Advocate-General as respects the Houses

Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.

178. The Speaker and Deputy Speaker of the Legislative Assembly

Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speakers thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

A member holding office as Speaker or Deputy Speaker of an Assembly—

Provided that no resolution for the purpose of clause (c) shall be moved unless al least fourteen days’ notice has been given of the intention to move the resolution:Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

182. The Chairman and Deputy Chairman of the Legislative Council

The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.

183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman

A member holding office as Chairman or Deputy Chairman of a Legislative Council-

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.

187. Secretariat of State Legislature

188. Oath or affirmation by members

Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person Appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

190. Vacation of seats

191. Disqualifications for membership

192. Decision on questions as to disqualifications of members

193. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified

If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.

194. Powers, privileges, etc., of the House of Legislatures and of the members and committees thereof

195. Salaries and allowances of members

Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of the Constitution applicable in the case of members of the Legislative Assembly of the corresponding province.

196. Provisions as to introduction and passing of Bills

197. Restriction on powers of Legislative Council as to Bills other than Money Bills

198. Special procedure in respect of Money Bills

199. Definition of “Money Bills”

200. Assent to Bills

When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the . House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom:Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

201. Bills reserved for consideration

When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as it mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

202. Annual financial statement

203. Procedure in Legislature with respect to estimates

204. Appropriation Bills

205. Supplementary, additional or excess grants

206. Votes on account, votes of credit and exceptional grants

207. Special provisions as to financial Bills

208. Rules of procedure

209. Regulation by law of procedure in the Legislature of the State in relation to financial business

The Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation 10 any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail.

210. Language to be used in the Legislature

211. Restriction on discussion in the Legislature

No discussion shall take place in the Legislature of a Stale with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

212. Courts not to inquire into proceedings of the Legislature

213. Power of Governor to promulgate Ordinances during recess of Legislature

214. High Courts for States

There shall be a High Court for each State.

215. High 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.

216. Constitution 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.[Editorial comment-The Constitution (Seventh Amendment) Act, 1956, this amendment sets the number of judges for each High Court. This enables the President to propose as many judges as required for a High Court. Since the largest number can be altered at any time, it was deemed unnecessary and left out. Also Refer ]

217. Appointment and conditions of the office of a Judge of a High Court

218. Application of certain provisions Application of certain provisions relating to Supreme Court to High Courts

The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.

219. Oath or affirmation by Judges of High Courts

Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

220. Restriction on practice after being a permanent Judge

No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.Explanation.– In this article, the expression “High Court” does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement of the Constitution (Seventh Amendment) Act, 1956.[Editorial comment-The Constitution (Seventh Amendment) Act, 1956, the old clause in Article 220 of the Constitution forbade retired judges from continuing their legal careers. As a result of the reform, retired High Court judges are now eligible to serve on the Supreme Court and in High Courts, but not the ones where they served as permanent judges.Also Refer ]

221. Salaries etc., of Judges

222. Transfer of a Judge from one High Court to another

223. Appointment of acting Chief Justice

When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the court as the President may appoint for the purposes.

224. Appointment of additional and acting Judges

224A. Appointment of retired Judges at sittings of High Courts

Notwithstanding anything in this Chapter, the National Judicial Appointments Commission on a reference made to it by the Chief Justice of a High Court for any State, may with the previous consent of the President, request any person who has held the office of Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.[Editorial comment-The Constitution (Fifteenth Amendment) Act, 1963, it allows for the appointment of a former High Court judge to serve as a High Court judge with the previous consent of the President..][Editorial comment-The Constitution (Ninety-ninth Amendment) Act, 2012, in Article 224A of the Constitution, the phrase “the Chief Justice of a High Court for any State may at any time, with the previous consent of the President” should be replaced with the phrase “National Judicial Appointment Commission on a reference made to it by the Chief Justice of a High Court for any State, with the previous consent of the President.”Also Refer]

225. Jurisdiction of existing High Courts

Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution :Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.[Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]

226. Power of High Courts to issue certain writs

226A. Constitutional validity of Central laws not to be considered in proceedings under 226

227. Power of superintendence over all courts by the High Court

228. Transfer of certain cases to High Court

If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the de termination of which is necessary for the disposal of the case,it shall withdraw the case and may–

[Editorial comment-The Constitution (Forty-Third Amendment) Act, 1977,The phrase “, subject to the restrictions of article 131(A)” and its modifiers shall be removed from the first clause of article 228 of the Constitution.Also Refer]

228A. Special provisions as to disposal of question relating to constitutional validity of State Laws

Notwithstanding anything contained in this Constitution, –

[Any case pending before a High Court immediately before the commencement of this Act may be dealt with by the High Court as if the said article 228A had been omitted with effect on and from the 1st day of February, 1977.][Rep . by the Constitution (Forty-third Amendment) Act, 1977, section 10, (w.e.f. 13-4-1978)][Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976, A new article 228A was inserted in the Constitution which would give High Courts the authority to “determine all questions as to the constitutional validity of any State law”. The amendment’s fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system toward parliamentary sovereignty. The 43rd and 44th Amendments reversed these changes.Also Refer][Editorial comment-The Constitution (Forty-Third Amendment) Act, 1977, Under Article 228(A), a High Court could only declare a State law invalid if the decision was made by a bench of at least five judges. Additionally, a special majority of two-thirds of the bench voted in favor of the motion.Also Refer]

229. Officers and servants and the expenses of High Courts

230. Extension of jurisdiction of High Courts to Union territories

231. Establishment of a common High Court for two or more States

232. Articles 230, 231 and 232 substituted with articles 230 and 231

Omitted vide Constitution (Seventh Amendment) Act, 1956.[Editorial comment-The Constitution (Seventy-second Amendment) Act, 1992, provides the reservation of seats to the Scheduled tribes (ST) in the legislative assembly of the State of Tripura. It is valid till the date of re-adjustment of seats based on the first census after the year 2000, as provided for in Article 170 of the Indian Constitution for the state of Tripura.Also Refer]

233. Appointment of district judges

233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges

Notwithstanding any judgment, decree or order of any court,

[Editorial comment-The Constitution (Twentieth Amendment) Act, 1966, inserted a new Article 233A, among other things such as validating the appointments, postings, promotions, and transfer of District judges. This amendment establishes new jurisdictions that have the power to certify the appointments, promotions and transfers of District judges and judgments made before the enactment of current law in States that have not complied with the corresponding provisions of Article 233 of the Indian Constitution. The amendment act is primarily concerned with the appointment, secondment, promotion, and transfer of district judges to the effective date of existing laws enacted in states that do not comply with the provisions of Article 233 or Article 235 of the Constitution. Also refer ]

234. Recruitment of persons other than district judges to the judicial service

Appointment of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the Slate Public Service Commission and with the High Court exercising jurisdiction in relation to such State.

235. Control over subordinate courts

The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.

236. Interpretation

In this Chapter:

237. Application of the provisions of this Chapter to certain class or classes of magistrates

The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

239. Administration of Union territories

239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories

239AA. Special provisions with respect to Delhi

239AB. Provisions in case of failure of constitutional machinery

If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied

[Editorial comment-The Constitution (Sixty-ninth Amendment) Act, 1991, To provide for a legislative assembly and council of ministers for National Capital Territory of Delhi. Delhi continues to be a Union Territory Also Refer]

239B. Power of administrator to promulgate Ordinances during recess of Legislature

[After article 239A of the Constitution, the following article shall be inserted through Constitution (Twenty-Seventh Amendment) Act, 1971]

240. Power of President to make regulations for certain Union territories

241. High Courts for Union territories

242. Coorg

Repealed by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule

243. Definitions

In this Part, unless the context otherwise requires,–

[Editorial comment-The Constitution (Seventy-third Amendment) Act, 1992, was a significant reform in the Constitution of India. It introduced the concept of gram panchayats, which is a third-level government that deals directly with the public and works to address problems at the grass-roots level. Article 243 (b) defines the gram sabha, which consists of persons registered on the electoral rolls. It is the basic unit of the Panchayati Raj Institution. This institution is empowered to perform various functions at the village level, including establishing schools and health facilities. This act granted constitutional status to panchayats and democratized decentralization. It also empowered panchayats at all levels to levy taxes and collect duties. It further ensures that people at the grassroots level are more engaged in the governance process. It focused on improving rural political structures and the rights of vulnerable populations. The Act emphasized the need for women to be a part of local government structures. This law made it simpler for women to get involved in politics by giving them greater possibilities. The act also made women eligible to serve as Panchayat members. This amendment Act of Indian Constitution also made provisions for reserving seats for SC/ST/OBC communities and women in the legislature. In addition, it removed the upper population limit in parliamentary constituencies.Also Refer]

243A. Gram Sabha

A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may by law, provide.

243B. Constitution of Panchayats

243C. Composition of Panchayats

243D. Reservation of seats

243E. Duration of Panchayats, etc.

243F. Disqualifications for membership

243G. Powers, authority and responsibilities of Panchayats

Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to–

243H. Powers to impose taxes by, and funds of, the Panchayats

The Legislature of a State may, by law,–

243I. Constitution of Finance Commissions to review financial position

243J. Audit of accounts of Panchayats

The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.

243K. Elections to the Panchayats

243L. Application to Union Territories

The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.

243M. Part not to apply to certain areas

243N. Continuance of existing laws and Panchayats

Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this pan, shall continue to be in force until amended or repealed by a competent Legislature, other competent authority or until the expiration of one year from such commencement whichever is earlier:Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each house of the Legislature of that State.

243O. Bar to interference by courts in electoral matters

Notwithstanding anything in this Constitution–

243P. Definitions

In this Part, unless the context otherwise requires,–

[Editorial comment-The Constitution (Seventy-fourth Amendment) Act, 1992, dealt with the devolution of power into the systems of Municipalities or Urban Local Governments. It mandated the setting up and devolution of powers to Urban local bodies (ULBs) or city governments as the lowest unit of governance in cities and towns. This landmark initiative of the Government of India was built upon the premise that all ‘power’ in a democracy rightfully belongs to ‘the people’. Power was mandated to be given to the people via the local bodies (referred to as municipalities), namely Municipal Corporations, Councils and Nagar Panchayats, which would have representatives that are elected regularly and have a decisive role in planning, provision and delivery of services. This Act prescribes institutional changes as well, with the setting up of Ward Committees, District Planning Committees and Metropolitan Planning Committees to coordinate planning across jurisdictions, as well as the setting up of State Election Commissions and State Financial Commissions. Effectively, this act gives ULBs a role much larger than just that of service providers that provide water, waste management, electricity, and so on.Also Refer]

243Q. Constitution of Municipalities

243R. Composition of Municipalities

243S. Constitution and Composition of Wards Committees, etc.

243T. Reservation of seats

243U. Duration of Municipalities, etc.

243V. Disqualifications for membership

243W. Powers, authority and responsibilities of Municipalities, etc.

Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow–

243X. Power to impose taxes by, and Funds, of, the Municipalities

The Legislature of a State may, by law–

243Y. Finance Commission

243Z. Audit of accounts of Municipalities

The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.

243ZA. Elections to the Municipalities

243ZB. Application to Union territories

The Provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.

243ZC. Part not to apply to certain areas

243ZD. Committee for district planning

243ZE. Committee for Metropolitan Planning

243ZF. Continuance of existing laws and Municipalities

Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.

243ZG. Bar to interference by courts in electoral matters

Notwithstanding anything in this Constitution,–

243ZH. Definitions

In this Part, unless the context otherwise requires,–