Indian Polity/Constitution Short Notes : part 2

Brief overview of all 25 parts of the Indian Constitution

Part 1: The Union and its Territories (Articles 1-4)

• Defines India as a union of states.
• Specifies the name and territory of the Union.
• Provides for the admission of new states.
• Deals with the formation of new states and alteration of areas, boundaries or names of existing states.

Part 2: Citizenship (Articles 5-11)

• Defines who is a citizen of India.
• Provides for the acquisition of citizenship.
• Deals with the termination of citizenship.

Part 3: Fundamental Rights (Articles 12-35)

• Guarantees six fundamental rights to all citizens:
  • Right to Equality
  • Right to Freedom
  • Right against Exploitation
  • Right to Freedom of Religion
  • Cultural and Educational Rights
  • Right to Constitutional Remedies
• These rights are enforceable by the courts.

Part 4: Directive Principles of State Policy (Articles 36-51)

• These are not enforceable by the courts, but they are guidelines for the government to follow while making laws.
• They aim to promote social, economic, and political justice in the country.

Part 4-A: Fundamental Duties (Article 51A)

• Added in 1976.
• Specifies 11 fundamental duties of every citizen of India.

Part 5: The Union (Articles 52-151)

• Deals with the executive, legislature, and judiciary of the Union.
• Provides for the appointment of the President, Prime Minister, and other important functionaries.
• Defines the powers and functions of the Parliament and the Supreme Court.

Part 6: The States (Articles 152-237)

• Deals with the executive, legislature, and judiciary of the states.
• Provides for the appointment of the Governor, Chief Minister, and other important functionaries.
• Defines the powers and functions of the State Legislatures and High Courts.

Part 7: States in Part B of the First Schedule (Repealed)

Part 8: Union Territories (Articles 239-242)

• Deals with the administration of the Union Territories.
• Provides for the appointment of the Lieutenant Governor or Administrator.
• Defines the powers of the Union Territory Legislatures.

Part 9: The Panchayats (Articles 243-243O)

• Deals with the Panchayati Raj system of local government.
• Provides for the constitution of Gram Panchayats, Panchayat Samitis, and Zilla Parishads.
• Defines their powers and functions.

Part 9A: The Municipalities (Articles 243P-243ZG)

• Deals with the urban local government system.
• Provides for the constitution of municipalities and corporations.
• Defines their powers and functions.

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

• Deals with the cooperative societies.
• Provides for their promotion and development.

Part 10: Scheduled and Tribal Areas (Articles 244-244A)

• Deals with the administration of the Scheduled and Tribal Areas.
• Provides for the protection of the rights and interests of the Scheduled Tribes.

Part 11: Relations between the Union and the States (Articles 245-267)

• Deals with the relations between the Union and the States.
• Provides for the distribution of legislative and executive powers.
• Defines the mechanism for resolving disputes between the Union and the States.

Part 12: Finance (Articles 268-300)

• Deals with the financial system of the country.
• Provides for the distribution of financial resources between the Union and the States.
• Defines the powers of the government to raise and spend money.

Part 15: Election (Articles 327-334)

• Deals with the conduct of elections to the Parliament, State Legislatures, and the office of the President and Vice-President.
• Provides for the Election Commission of India.

Part 16: Special Provisions for Certain Classes (Articles 335-342)

• Deals with the special provisions for Scheduled Castes, Scheduled Tribes, Anglo-Indian community, and Other Backward Classes.
• Provides for reservations in education, employment, and legislature for these communities.

Part 17: Languages (Articles 343-351)

• Deals with the official languages of the Union and the States.
• Provides for the promotion and development of Hindi and other Indian languages.

Part 18: The Emergency Provisions (Articles 352-360)

• Deals with the emergency provisions that can be invoked by the President in times of war, external aggression, or internal disturbance.
• Suspends some fundamental rights during the emergency period.

Part 20: Amendment of the Constitution (Articles 368)

• Deals with the procedure for amending the Constitution.
• Requires a special majority in Parliament for most amendments.

Important Articles

Part I: Union and its Territories (Article 1-4)

1. Article 1: The Constitution states, “India, that is Bharat, shall be a Union of States”.
2. Article 2: Admission or establishment of new States.
3. Article 3: The Constitution empowers the Parliament to form new States and to alter the areas, boundaries, or names of existing States.
   • Note: Through the J & K Reorganisation Act of 2019, the state of Jammu and Kashmir was divided into two Union Territories, namely the Union Territory of Ladakh and the Union Territory of Jammu and Kashmir.

Part II: Citizenship (Article 5-11)

• The Citizenship Act of 1955 prescribes five ways to acquire citizenship of India:
  1. By birth
  2. By descent
  3. By registration
  4. By naturalisation
  5. By incorporation
• Three modes of losing citizenship:
  1. Renunciation
  2. Termination
  3. Deprivation
  • Note: Through the Citizenship (Amendment) Act 2019, members of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities from Afghanistan, Bangladesh, and Pakistan who entered India before 31st December 2014 will be given Indian citizenship.

Part 3: Fundamental Rights

Rights to Equality (Article 14-18)

• Article 14: Ensures equality before the law.
• Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 16: Guarantees equality of opportunity in matters of public employment.
• Article 17: Abolishes untouchability.
• Article 18: Abolishes titles.

Rights to Freedom (Article 19-22)

• Article 19: Protects certain rights regarding speech and expression, assembly, association, movement, residence, and profession.
• Article 20: Ensures protection in respect of conviction for offences.
• Article 21: Protects life and personal liberty.
• Article 22: Protects against arrest and detention in certain cases.

Right to Education

• Article 21A: States that the state shall provide free and compulsory education to all children of the age of 6-14 years.

Rights against Exploitation (Article 23-24)

• Article 23: Prohibits human trafficking and forced labour.
• Article 24: Prohibits employment of children in any factories, etc.

Rights to Freedom of Religion (Article 25-28)

• Article 25: Ensures freedom of conscience and the right to profess, practice, and propagate one’s religious beliefs.
• Article 26: Ensures freedom to manage religious affairs.
• Article 27: Ensures freedom from taxation for promotion of any particular religion.
• Article 28: Ensures freedom from attendance of religious instructions or religious worship in certain educational institutions.

Cultural and Educational Rights

• Article 29: Protects interests of minorities.
• Article 30: Ensures right of minorities to establish and administer educational institutions.

Additional Notes:

• Freedom of Press is implicit in Article 19.
• Article 20 and 21 cannot be suspended even during National Emergency (Article 352).
• Right to Property under Article 19 (1) (f) was repealed by the 44th Amendment Act, 1978, and was made a legal right under Article 300A.

Directive Principles of State Policy

• Directive Principles of State Policy (Article 36-51):
  • These are broad guiding principles that the state shall keep in mind while formulating policies and enacting laws.
  • They are non-justiciable in nature.

Articles 36-37: Definition and application of the principles contained in this part.

Article 38: Aims to secure and protect a social order that stands for the welfare of the people.

Article 39: Outlines certain principles of policy to be followed by the State.

Article 40: Calls for the organization of village Panchayats as units of self-government.

Article 41: Ensures the right to work, to education, and to public assistance in certain cases.

Article 42: Aims to secure just and humane conditions of work and maternity relief.

Article 43: Promotes the provision of a living wage and other benefits for workers, aiming to promote cottage industries.

Article 44: Calls for a Uniform Civil Code for the citizens.

Article 45: Advocates for the provision of early childhood care and education to children below the age of 6 years.

Article 46: Aims to promote the educational and economic interests of the weaker sections of the people, especially the Scheduled Castes and Scheduled Tribes.

Article 47: Focuses on the improvement of public health and the prohibition of intoxicating drinks and drugs.

Article 48: Calls for the organization of agriculture and animal husbandry on modern lines.

Article 49: Aims to protect all monuments of historic interest and national importance.

Article 50: Advocates for the separation of the judiciary from the executive.

Article 51: Focuses on the promotion of international peace and security.

Fundamental Duties (Article 51A)

• Fundamental Duties (Article 51A) were inserted by the 42nd Amendment Act in 1976 on the recommendations of the Swaran Singh Committee. This concept was inspired by the Constitution of the erstwhile USSR.
• It shall be the duty of every citizen of India to:
  • (a) Abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.
  • (b) Cherish and follow the noble ideals which inspired our national struggle for freedom.
  • (c) Uphold and protect the sovereignty, unity, and integrity of India.
  • (d) Defend the country and render national service, when called upon to do so.
  • (e) Promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
  • (f) Value and preserve the rich heritage of our composite culture.
  • (g) Protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures.
  • (h) Develop scientific temper, humanism and the spirit of enquiry and reform.
  • (i) Safeguard public property and to abjure violence.
  • (j) Strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement.
  • (k) The 86th Amendment Act, 2002 inserted Article 51A (K), which mandates each parent or guardian to provide opportunities for education to his child or ward between the age of 6 and 14 years.