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Overview of the Indian Constitution
| Feature | Original (1950) | Current |
|---|---|---|
| Parts | 22 Parts | 22 Parts |
| Articles | 395 Articles | Approximately 470 Articles (added as sub-articles, e.g., 243A) |
| Schedules | 8 Schedules | 12 Schedules |
The Schedules of the Constitution
The Schedules are lists that categorize bureaucratic activity and policy details.
| Schedule | Purpose and Key Details |
|---|---|
| 1st Schedule | Lists the names of States and Union Territories and their territories. (To create a new state, this schedule must be amended.) |
| 2nd Schedule | Deals with salaries and allowances of high-level officials (President, Judges, CAG, etc.). |
| 3rd Schedule | Contains the forms of oaths and affirmations for various officials (Ministers, MPs, Judges). |
| 4th Schedule | Deals with the allocation of seats in the Rajya Sabha to the states. |
| 5th Schedule | Provisions for the administration and control of Scheduled Areas and Tribal Areas (in states other than Assam, Meghalaya, Tripura, and Mizoram). (Transfer of tribal land to private parties for mining can be declared void under this schedule.) |
| 6th Schedule | Deals with the administration of Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram. (Does not apply to Manipur.) |
| 7th Schedule | Divides legislative powers between the Union and States through three lists: Union List, State List, and Concurrent List. |
| 8th Schedule | Lists the 22 official languages of India (includes Hindi and Sanskrit; excludes English). |
| 9th Schedule | Added by the 1st Amendment Act (1951) to protect laws (primarily land reforms) from judicial review. (The Supreme Court, in the Coelho case (2007), ruled that laws added after April 24, 1973, are open to judicial review if they violate the Basic Structure.) |
| 10th Schedule | Added by the 52nd Amendment Act (1985). Contains provisions for disqualification on the grounds of defection (Anti-Defection Law). |
| 11th Schedule | Added by the 73rd Amendment Act (1992). Contains the powers, authority, and responsibilities of Panchayats (29 matters). |
| 12th Schedule | Added by the 74th Amendment Act (1992). Contains the powers, authority, and responsibilities of Municipalities. |
Important Parts of the Constitution
| Part | Subject Matter |
|---|---|
| Part I | The Union and its Territory. |
| Part II | Citizenship (Articles 5-11). |
| Part III | Fundamental Rights. |
| Part IV | Directive Principles of State Policy (DPSP). |
| Part IV-A | Fundamental Duties (Added by the 42nd Amendment, 1976). |
| Part V | The Union (Executive, Parliament, Supreme Court, etc.). |
| Part VI | The States (Executive, Legislature, High Courts, etc.). |
| Part VIII | The Union Territories. |
| Part IX | The Panchayats (Added by the 73rd Amendment). |
| Part IX-A | The Municipalities (Added by the 74th Amendment). |
| Part IX-B | The Co-operative Societies. |
| Part X | Scheduled and Tribal Areas. |
| Part XI | Relations between the Union and the States (Legislative and Administrative). |
| Part XIII | Trade, Commerce, and Intercourse within India. |
| Part XIV | Services under the Union and the States. |
| Part XV | Elections. |
| Part XVI | Special Provisions relating to certain classes (e.g., SCs, STs). |
| Part XVII | Official Language. |
| Part XVIII | Emergency Provisions. |
Division of Legislative Powers (7th Schedule)
| List | Governing Body | Key Subjects |
|---|---|---|
| Union List | Only Parliament can legislate. | Defence, Foreign Affairs, Banking, Insurance, Census, Railways, Radio & TV, Elections to Parliament/State Legislatures/President/Vice-President. |
| State List | Only State Legislatures can legislate. | Police, Public Order, Public Health & Sanitation, Agriculture, Land Reform, Prisons, Electricity, Gas, Treasure Trove. |
| Concurrent List | Both Parliament and States can legislate. | Education (transferred from State List by 42nd Amendment), Criminal Law, Forests, Marriage & Divorce, Prevention of cruelty to animals, Population control, Economic and social planning. |
| Residuary Powers | Parliament has the power to legislate. | Subjects not mentioned in any of the three lists (e.g., Space Research). |
Key Articles of the Constitution
Fundamental Rights & Principles
- Article 14: Equality before Law.
- Article 17: Abolition of Untouchability.
- Article 22: Protection against arrest and detention.
- Article 25: Freedom of Religion.
- Article 29: Protection of interests of minorities.
- Article 326: Adult Suffrage (Right to Vote).
Directive Principles of State Policy (DPSP)
- Article 39A: Equal Justice and Free Legal Aid.
- Article 40: Organisation of Village Panchayats.
- Article 41: Right to Work.
- Article 42: Just and humane conditions of work.
- Article 44: Uniform Civil Code.
- Article 45: Free and compulsory education for children.
- Article 50: Separation of judiciary from the executive.
The Executive
- Article 54: Election of the President.
- Article 74: Council of Ministers to aid and advise the President.
- Article 155: Appointment of the Governor.
- Article 162: Defines the Executive Power of the State.
The Judiciary
- Article 124: Establishment and constitution of the Supreme Court.
- Article 131: Original jurisdiction of the Supreme Court.
- Article 226: Power of High Courts to issue writs.
Constitutional Bodies & Provisions
- Article 243: Constitutional status for Panchayats.
- Article 263: Provision for an Inter-State Council.
- Article 280: Finance Commission.
- Article 312: Creation of All-India Services.
- Article 324: Election Commission.
- Article 352: Proclamation of National Emergency.
- Article 368: Procedure for amendment of the Constitution.
Special Status for States
- Article 371A: Special provisions for Nagaland.
- Article 371B: Special provisions for Assam.
- Article 371C: Special provisions for Manipur.
Historical & Political Facts
- States Reorganisation Act, 1956: Created 14 states and 6 union territories (effective November 1, 1956).
- Power to form new states: Lies with the Parliament under Article 3 of the Constitution.
- First Amendment (1951): Added the 9th Schedule during Jawaharlal Nehru’s prime ministership.
- 42nd Amendment (1976): Transferred Education from the State List to the Concurrent List and added Fundamental Duties (Part IV-A).
- 52nd Amendment (1985): Added the 10th Schedule (Anti-Defection Law).
Important Judicial Decisions
- I.R. Coelho vs. State of Tamil Nadu (2007): Upheld the Basic Structure doctrine. Laws placed in the 9th Schedule are open to judicial review if they violate fundamental rights or the basic structure.
- Kameshwar Singh v. State of Bihar: A landmark case related to the abolition of the Zamindari system.
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