STRUCTURE OF THE CONSTITUTION
Preamble to the Constitution
- Defines the basic structure and spirit of the Constitution
- Serves as a guiding tool for the interpretation of the Constitution
- Does not bestow any rights
- The words Socialist and Secular were added to the Preamble by the 42nd Amendment 1976 (during the Emergency)
Parts of the Constitution
Parts are individual chapters in the Constitution, each focused on a particular field of law. Each Part contains articles that address the issues in question. There are 24 Parts to the Constitution.
Part |
Focus
|
Article
|
Deals with
|
I |
The Union and its Territory
|
1
2
3
|
Name and territory of Union
Admission of new states
Creation of new states, alteration of existing
|
II |
Citizenship
|
5
6
9
|
Citizenship at the commencement of the Constitution
Citizenship of migrants from Pakistan
Persons acquiring foreign citizenship not to be citizens
|
III |
Fundamental Rights
|
12
14
15
17
23
24
26
29
|
Definition
Equality before law
Prohibition of discrimination
Abolition of untouchability
Prohibition of human trafficking and forced labour
Prohibition of child labour
Freedom to manage religious affairs
Protection of minority interests
|
IV |
Directive Principles and Fundamental Duties
|
40
41
42
44
45
46
49
50
|
Organisation of village panchayats
Right to work, education and public assistance
Humane work conditions and maternity relief
Uniform civil code
Free and compulsory education for children
Promote interests of SC/ST, other weaker sections
Protection of monuments/places of national importance
Separation of judiciary from executive
|
V |
The Union
|
52-62
63-69
74
76
80
81
84
89
93
107
108
124
125
127
|
President of India
Vice-President of India
Council of Ministers
Attorney-General for India
Composition of the Council of States
Composition of the House of the People
Qualification for membership to Parliament
Chairman & Deputy Chairman of the Council of States
Speaker & Deputy Speaker of the House of the People
Provisions for the introduction and passing of bills
Joint sitting of both houses
Establishment and constitution of the Supreme Court
Appointment of the Chief Justice
Appointment of additional judges
|
VI |
The States
|
153-160
163
170
171
173
214
223
224
225
235
|
Governor of the state
Council of Ministers
Composition of the Legislative Assemblies
Composition of the Legislative Councils
Qualification for membership to state legislature
High Courts
Appointment of the Chief Justice
Appointment of additional judges
Jurisdiction of the High Courts
Control over subordinate courts
|
VIII |
Union Territories
|
239
239A
239AA
241
|
Administration of Union Territories
Legislatures for certain UTs (esp. Pondicherry)
Special Provisions for NCT Delhi
High Courts for UTs
|
IX |
Panchayat and Municipalities
|
243A
243B
243G
|
Gram Sabha
Composition of Panchayats
Authority and responsibility of Panchayats
|
XI |
Relation b/w the Union and States
|
244-255
256-261
262
263
|
Distribution of legislative powers
Administrative relations
Disputes relating to water
Co-ordination between states
|
XII |
Finance
|
268-281
300A
|
Distribution of revenue b/w Union and states
Right to property
|
XV |
Elections
|
324-329
| |
XVII |
Languages
|
343-344
345-347
348-349
|
Official languages of the Union
Language of the states
Language of the Supreme Court and High Courts
|
Schedules of the Constitution
Schedules are lists in the Constitution that categorized by bureaucratic activity of government. They refer to Articles and hence overlap with Parts of the Constitution.
Schedule |
Focus
|
Schedule
|
Focus
|
First |
States and Union Territories
|
Seventh
|
Union, State and Concurrent list
|
Second |
Emoluments of higher level officials
|
Eighth
|
Official languages
|
Third |
Forms of Oaths
|
Ninth
|
Land reform, accession of Sikkim
|
Fourth |
Allocation of seats in the Rajya Sabha
|
Tenth
|
Anti-defection provisions for MPs and MLAs
|
Fifth |
Administration of Scheduled Areas and STs
|
Eleventh
|
Rural development
|
Sixth |
Administration of tribal areas in Assam
|
Twelfth
|
Urban planning
|
MODIFYING THE CONSTITUTION
Amendments to the Constitution
- Allowed by Article 368 of the Constitution
- Amendments can happen in three ways
- Simple majority of Parliament
- Special majority of Parliament
- Special majority of Parliament and ratification by at least half of the state legislatures by a special majority
- Simple majority of Parliament
- Indian Constitution is the most frequently amended governing document in the world
- Supreme Court struck down two amendments for violation of basic structure of Constitution
- 39th Amendment: election of Executive beyond scrutiny of courts, 1975 (during Emergency)
- Parts of 42nd Amendment: reduced power of Supreme Court and High Courts to judge constitutionality of laws, 1976 (during Emergency)
- 39th Amendment: election of Executive beyond scrutiny of courts, 1975 (during Emergency)
- There have been a total of 94 amendments, as of 2009
Important of Amendments to the Constitution
Amendment no. |
Enacted
|
Objectives
|
1 |
June 1951
|
|
7 |
Nov 1956
|
|
12 |
Dec 1961
|
|
13 |
Dec 1963
|
|
14 |
Dec 1962
|
|
22 |
Sep 1969
|
|
23 |
Jan 1970
|
|
26 |
Dec 1971
|
|
28 |
Aug 1972
|
|
31 |
Oct 1973
|
|
36 |
Apr 1975
|
|
45 |
Jan 1980
|
|
52 |
Mar 1985
|
|
61 |
Mar 1989
|
|
69 |
Feb 1992
|
|
70 |
Dec 1991
|
|
71 |
Aug 1992
|
|
79 |
Jan 2000
|
|
86 |
Dec 2002
|
|
90 |
Sep 2003
|
|
91 |
Jan 2004
|
|
93 |
Jan 2006
|
|
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