The Constitution of India is the supreme law of the land that defines the structure, powers, and functions of the Union and the States, as well as the rights and duties of the citizens. It is divided into Parts, Schedules, and Articles. The Constitution of India consists of 448 articles in 25 parts, and 12 schedules as of 2023 (originally 395 articles in 22 parts). It must be noted that Parts 23, 24, and 25 do not exist in the Constitution of India in such name, as it consists of only 22 main parts. Articles 23, 24, and 25 were added as amendments as IV-A (Fundamental Duties), IX-A (The Municipalities), IX-B (The Cooperative Societies), and XIV-A (Tribunals) of the Constitution, and Part VII was repealed from the constitution by 7th Constitutional Amendment Act, 1956 thus amounting to 25 Parts.
The Parts are the main divisions of the Constitution that deal with various topics such as citizenship, fundamental rights, directive principles, emergency provisions, etc. The Schedules are the appendices to the Constitution that provide additional details related to parts or articles. The Parts and Schedules are different from each other in terms of their content, scope, and purpose.
The Constitution of India | Credit: Wikimedia Commons
Parts of the Indian Constitution
The Indian Constitution is divided into 25 Parts. These parts are the divisions of the Indian constitution that contain articles on various topics related to the structure and functions of the government, the powers of different institutions, and the rights and duties of the citizens. The following are the parts of the Indian Constitution:
- Part I: The Union and its Territory (Articles 1 – 4) This part defines India as a union of states and specifies the territories of the union and the states. It also provides for the admission, establishment, or cession of new states.
- Part II: Citizenship (Articles 5 – 11) This part lays down the criteria and conditions for acquiring, losing, or renouncing Indian citizenship. It also empowers the Parliament to make laws on matters of citizenship. The Indian Constitution recognizes two types of citizenship. One, by birth, to those who are born in India. And two, by descent, to those born outside India to Indian parents.
- Part III: Fundamental Rights (Articles 12 – 35) This part guarantees the basic human rights of all citizens, such as equality, freedom, justice, expression, religion, etc. It also provides for the enforcement of these rights by the courts and the remedies available to the aggrieved persons.
- Part IV: Directive Principles of State Policy (Articles 36 – 51) This part contains the guidelines and principles for the state to follow while making laws and policies. They aim to promote social welfare, economic justice, national integration, international peace, etc. Directive Principles are not legally enforceable but are fundamental in governance, which means that they cannot be claimed as rights by the citizens in the courts of law. They are non-justiciable, which means that they are not subject to judicial review or intervention. They are only moral obligations or duties of the state, which the state is expected to follow in good faith and spirit. They are not binding on the state, but only advisory in nature.
- Part IV A: Fundamental Duties (Articles 51A) This Part lists the moral obligations and duties of every citizen to uphold and respect the Constitution, its ideals and institutions, the national flag and national anthem, and the sovereignty and integrity of India. They also include duties to cherish and preserve the rich heritage, culture, and environment of India.
- Part V: The Union (Articles 152 – 237) This Part deals with the structure, composition, powers, and functions of the Union Government. It consists of five chapters and lists out the powers of the different organs at the central level like the Council of Ministers, Parliament, Supreme Court, the President of India, Attorney General of India, and Comptroller and Auditor General of India. The Articles 52 to 78 describe the qualifications, election, appointment, term, oath, salary, and impeachment of the President, the Vice-President, the Prime Minister, the Council of Ministers, and the Attorney General of India. Similarly, Articles 79 to 122 deal with the composition, membership, duration, sessions, presiding officers, privileges, and procedure of the two houses of the Parliament – the Rajya Sabha and Lok Sabha.Article 123 describes the law-making powers of the President of India which mainly deal with the passing of Ordinances. An Ordinance is an emergency measure and is valid only up to 6 weeks after the reassembly of any one of the houses of the Parliament or until a resolution is passed by both houses.Regarding the Supreme Court, in Articles 124 to 147, the Part lists the composition, appointment, tenure, removal, jurisdiction, and powers and also the jurisdiction of High Courts and subordinate courts.
Finally, Articles 148 – 151 describe the Comptroller and Auditor General of India as an independent constitutional authority that audits and reports on the accounts of the union and state governments. It also defines her/his appointment, term, salary, removal, and duties.
- Part VI: The States (Articles 152 – 237) This part deals with the structure, composition, powers, and functions of the state governments. It defines the term state as a distinct territory within the Union of India. Then in Articles 153 to 167, the Part defines the qualifications, appointment, term, oath, salary, and removal of the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of a state. Then, similar to Part V, it lays out the composition, membership, duration, sessions, presiding officers, privileges, and procedure of the legislative organ of the states: the Vidhan Sabha (the Legislative Assembly) and Vidhan Parishad (the Legislative Council).Regarding the Governor, this Part in Article 213, deals with the power of the Governor to make temporary laws by issuing ordinances when the state legislature is not working and there is an urgent need for action. It also provides that the legislative action of a Governor will expire 6 weeks after the state legislature comes back in action, or the Governor themselves can withdraw it anytime.Articles 214 to 232 describe the High Courts as the highest judicial organs of the states. It also defines their composition, appointment, tenure, removal, jurisdiction, and powers. Further, Articles 233 to 237 deal with the appointment, transfer, control, and discipline of the judges and magistrates of the subordinate courts in the states. These articles also empower the Governor to make rules and regulations for these matters.
- Part VII: The States in Part B of the First Schedule (Article 238) – The Article was later repealed from the ConstitutionThis part originally dealt with the states, which were the former princely states that acceded to India after independence. It outlined the governance and administration of territories that are directly administered by the central government of India, as opposed to states with their own elected governments. This part described how these centrally administered states are to be managed, including the appointment of administrators and the powers and functions of these territories’ legislatures, if applicable. It also provided the President of India with authority over these territories. It was repealed after the reorganisation of states in 1956.
- Part VIII: The Union Territories (Articles 239 – 242) This part deals with the administration and governance of the Union Territories, which are the territories that are directly ruled by the Union government. It also provides for the creation of local legislatures or councils of ministers or both for certain union territories.
- Part IX: The Panchayats (Articles 243 – 243O) This part was added by the Constitution (Seventy-third Amendment) Act, 1992. It says that Panchayats are the local self-government institutions in rural areas. They have the power to make plans for economic development and social justice. They also have the authority to levy taxes and collect revenue. They are supervised by a State Finance Commission and a State Election Commission. Part IX also specifies the duration, composition, and functions of Panchayats. It also provides for reservation of seats for Scheduled Castes, Scheduled Tribes, and Women in these bodies.
- Part IX A: The Municipalities (Articles 243P – 243ZG) This part was added by the Constitution (Seventy-fourth Amendment) Act, 1992. Also known as the Nagarpalika Act, this Part provides for the establishment and functioning of Municipalities or Urban Local Governments. It proposes three types of Municipalities based on the size and population of urban areas. It empowers the state legislatures to enact laws to regulate the composition, powers, and functions of Municipalities. It also specifies the duration, finance, and election of Municipalities. It also provides for reservation of seats for Scheduled Castes, Scheduled Tribes, and Women in these bodies.
- Part IX B: The Co-operative Societies (Articles 243ZH – 243ZT) This part was added by the Constitution (Ninety-seventh Amendment) Act, 2011. It provides regulations for the establishment, registration, membership, rights and responsibilities, benefits, and cost of Cooperative societies formed in India. It also provides for reservation of seats for Scheduled Castes, Scheduled Tribes, and Women in these societies.
- Part X: The Scheduled and Tribal Areas (Articles 244 – 244A) This part deals with the administration and control of the scheduled areas and scheduled tribes, which are the areas and communities that are declared as such by the President due to their cultural and economic interests. It also provides for the establishment of autonomous councils and districts for certain tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Part XI: Relation between the Union and the States (Articles 245 – 263) This part deals with the distribution of legislative, administrative, and financial powers between the union and the states. It consists of two chapters: a. Chapter I: Legislative Relations (Articles 245 – 255): This chapter defines the extent of laws made by Parliament and by the state legislatures. It provides for the subjects of legislation under three lists: Union List, State List, and Concurrent List. It also deals with the resolution of disputes relating to laws made by Parliament or by state legislatures. b. Chapter II: Administrative Relations (Articles 256 – 263) This chapter defines the obligations of states towards the union and vice versa. It provides for the delegation of administrative functions by Parliament to state governments or vice versa. It also deals with the coordination of administrative action between the union and states through various mechanisms such as inter-state councils, zonal councils, etc.
- Part XII: Finance, Property, Contracts and Suits (Articles 264 – 300A) This part deals with financial relations between the Union and the states, as well as the property, contracts, and suits involving the Union or the states. It consists of four chapters: a. Chapter I: Finance (Articles 264 – 291): This chapter defines the distribution of revenues between the Union and the states, such as taxes, duties, grants-in-aid, etc. It provides for the constitution and functions of the Finance Commission, which is appointed by the President every five years to make recommendations on these matters. b. Chapter II: Borrowing (Articles 292 – 293) This chapter defines the borrowing powers of the Union.
- Part XIII: Trade, Commerce, and Intercourse within the Territory of India This part deals with restrictions and laws to regulate or limit trade, commerce, and movement of goods and services within India, for reasons such as protecting public health, safety, morality, etc. It provides for the appointment of an authority to carry out the purposes of this part.
- Part XIV: Services Under the Union and the States This part deals with the recruitment, conditions of service, tenure, dismissal, disciplinary action, and other matters related to the civil services of the Union and the states. It provides for the establishment and functions of Public Service Commissions at the Union and state levels.
- Part XIV A: Tribunals This part empowers the Parliament to provide for the establishment of administrative tribunals for adjudication of disputes relating to service matters of public servants as well as other private parties involved in it. It empowers the Parliament and the state legislatures to provide for the establishment of tribunals for the resolution of disputes relating to taxation, elections, land reforms, industrial and labour matters, etc.
- Part XV: Elections This part deals with the conduct of elections to the Parliament, the state legislatures, the offices of President and Vice-President, and the Election Commission. It also provides for the delimitation of constituencies, electoral offenses, disqualifications, and other related matters.
- Part XVI: Special provisions relating to certain classes This part provides for the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People and in the Legislative Assemblies of the states. It also provides for reservation of posts for them in public services. It also empowers the President and the Governor to specify certain tribes or groups as Scheduled Castes or Scheduled Tribes in relation to different states or union territories.
- Part XVII: Official language This part deals with the official language of the Union, the official languages of the states, the language of communication between the Union and the states, the language of proceedings in Parliament and state legislatures, and the language of judgments of the Supreme Court and High Courts. It also provides for a Commission and a Committee on official languages to advise on these matters.
- Part XVIII: Emergency Provisions This part empowers the President to proclaim three types of emergencies: national emergency, state emergency, and financial emergency. It also specifies the effects of such emergencies on the executive, legislative, and financial powers of the union and the states, as well as on the fundamental rights of the citizens.
- Part XIX: Miscellaneous This part contains some miscellaneous provisions such as immunity of the President and Governors from criminal proceedings, recognition of titles conferred by foreign states, definition of certain terms used in this Constitution, etc.
- Part XX: Amendment of the ConstitutionThis part lays down the procedure for amending the Constitution by Parliament. It classifies the amendments into three categories: those that require a simple majority in both Houses; those that require a special majority in both Houses; and those that require a special majority in both Houses and ratification by half of the states.
- Part XXI: Temporary, Transitional, and Special Provisions This part contains some temporary, transitional, and special provisions for certain states or regions such as Jammu and Kashmir, Andhra Pradesh, Sikkim, Nagaland, Assam, Manipur, Tripura, Mizoram, Arunachal Pradesh, Goa, Daman and Diu, Pondicherry, etc.
- Part XXII: Short Title, Commencement, Authoritative Text This part gives the short title of this Constitution as “The Constitution of India”, specifies its date of commencement as “26th January 1950”, provides for its authoritative text in the Hindi language, and repeals the Indian Independence Act, 1947 and Government of India Act, 1935.
The Rashtrapati Bhavan | Credit: Wikimedia Commons
Additionally, the Indian Constitution also deals with a number of other important issues, such as:
- The Armed Forces
The constitution gives the President the supreme command of the defense forces, who exercises it through his subordinate officers according to law. The President can declare war or peace, with parliamentary approval. The Parliament has the power to make laws on matters related to defense, such as raising and maintaining armies, navies, and air forces, regulating their recruitment, training, and discipline, providing for their welfare and pensions, etc. The Constitution also allows the Parliament to limit or take away the Fundamental Rights of the members of the armed forces, paramilitary forces, police forces, intelligence agencies, and similar forces to ensure that they perform their duties properly and follow discipline. - The Protection of Minorities
The constitution guarantees various rights and safeguards to the religious and linguistic minorities in India. These include the right to freedom of conscience and free profession, practice, and propagation of religion; the right to establish and administer educational institutions of their choice; the right to preserve their distinct language, script, and culture; the right to representation in public services; the right to instruction in their mother tongue at the primary stage of education; etc. The constitution also sets up a National Commission for Minorities to monitor and protect the interests of these minorities. - The Promotion of International Peace and Cooperation
The Constitution instructs the government to promote international peace and security, maintain just and honorable relations with other nations, foster respect for international law and treaty obligations, encourage settlement of international disputes by arbitration, and renounce the use of nuclear weapons. The Constitution also gives the Parliament the power to make laws implementing any treaty, agreement, or convention with any other country or any decision made at any international conference, association, or other body.
Continue to the next section: Schedules of the Indian Constitution