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Mission Nikaalo Prelims

Polity Titbits: Important articles/schedules of Constitution

 


17th Apr 2021

The Constitution of India is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. 

It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country’s fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autonomy, its framers repealed prior acts of the British parliament in Article 395. 

The constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty, and endeavours to promote fraternity. The original 1950 constitution is preserved in a helium-filled case at the Parliament House in New Delhi. The words “secular” and “socialist” were added to the preamble in 1976 during the emergency.

The Indian constitution is the world’s longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution – after the Constitution of Alabama – in the world.

Articles in Indian Constitution: As the written constitution is a compact document like a book, it has various parts, parts have various chapters, chapters have various articles.

The constitution has a preamble and 395 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 103 times; the latest amendment became effective on 14 January 2019. Despite various amendments, the number of articles in the Constitution still remains 395. There is nothing like Article 396. The new articles are always inserted in between i.e. Article 31A.

IMPORTANT TITBIT:  If counted separately there are 444 Articles but in the Constitution of India there are only 396 Articles. The rest are merely clauses or sub-clauses added later. The reason behind this is that there is a rule that no one can alter the basic structure of the COI. Now a problem came up, which was how to include more articles as you cannot add a 397th article as it would be against the Basic Structure Doctrine, so a solution that came up, which was that to include the new articles in clauses or sub-clauses of the existing articles.

Here are the lists of various important Articles of the Indian Constitution. 

S.No

Article

Deals with

1 1 Name and Territory of Union
2 3 New States Formation, Alteration of Boundaries, etc.
3 13 Laws inconsistent with or in derogation of the Fundamental Rights
4 14 Equality before Law (popularly known as Right to Equality)
5 15 Prohibition of Discrimination (on basis of religion, race, caste, sex or place of birth)
6 16 Equality in case of Public Employment
7 17 Abolition of Untouchability
8 18 Abolition of Titles
9 19 Protection of Certain Rights to Freedom (popularly known as Right to Freedom)
10 19a Freedom of Speech & Expression
11 19b Right to Peaceful Assembly
12 19c Freedom of Association
13 19d Right to Move Freely through India
14 19e Freedom of Settlement & Residence
15 19f (Omitted as a fundamental right – governed by article 300A.) Right to Own Personal Property.
16 19g Freedom to Practise any Profession, Occupation, Trade or Business
17 21 Right to Life and Personal Liberty
18 21A Right to Education
19 23 Prohibition of Human Trafficking and Forced Labour
20 24 Prohibition of Child Labour
21 25 Freedom to Practise & Propagate Religion Freely
22 29 Protection of Interests of Minorities
23 32 Remedies for enforcement of Fundamental Rights including writs
24 44 Uniform Civil Code
25 50 Separation of Judiciary from Executive
26 51 Promotion of International Peace and Security
27 51A Fundamental Duties
28 72 Powers of President to Grant Pardons etc.
29 76 Attorney-General of India
30 78 Duties of Prime Minister
31 85 Sessions of Parliament, Prorogation and Dissolution
32 93 The Speaker & Deputy Speaker of Lok Sabha
33 100 Voting in Houses
34 105 Powers, Privileges, etc. of Members of Parliament
35 106 Salaries and Allowances of Members of Parliament
36 108 Joint Sitting of both Houses of Parliament
37 109-110 Money Bills
38 112 Budget
39 123 President’s Power to Promulgate Ordinance while Parliament in Recess
40 127 Appointment of ad hoc Judges in the Supreme Court
41 139 Supreme Court’s Powers to Issue Certain Writs
42 141 Supreme Court’s Law Binding on All Courts
43 148-149 Comptroller and Auditor-General of India
44 155 Appointment of Governor
45 161 Power of Governors to Grant Pardon etc.
46 165 Advocate-General for the State
47 167 Duties of Chief Minister
48 224 Appointment of Additional & Acting Judges in High Courts
49 224A Appointment of Retired Judges in High Courts
50 226 Power of High Courts to issue writs
51 280 Finance Commission
52 312 All India Services
53 324 Election Commission
54 335 SCs and STs claim to Services and Posts
55 343 Official Language
56 352 National Emergency
57 356 President’s Rule in case of Failure of Constitutional Machinery in States
58 360 Financial Emergency
59 368 Power of Parliament to Amend the Constitution
60 370 Temporary provisions with respect to the state of Jammu and Kashmir
61 392 Power of the President to remove difficulties

 

Schedules of the Indian Constitution:

Like a book contains appendices to explain things and provide extra info, the constitution contains various schedules. They are Lists that categorize and tabulate bureaucratic activity and policy of the Government. They are kept separate because it is a lengthy document and hence, not included in the original text of constitution but they are very much part of the constitution. 

 

Important Titbits:

  1. Originally they were 8 in number, now they are 12. 
  2. The 4 new schedules were added: IX through the 1st Constitution Amendment Act 1951); X through Anti-Defection Law 52nd CAA 1985; XI through the 73rd CAA Panchayati Raj 1992 and XII through the 74th CAA Municipality 1992.
  3. Matters added to the 9th schedule after 24th April 1973 (Kesavananda Bharati Case) are not immune to judicial review (I.R. Coelho case)

 

Schedules of Indian Constitution

 

Numbers

Subject Matter

First Schedule
  1. Names of the States and their territorial jurisdiction.
  2. Names of the Union Territories and their extent.
Second Schedule Provisions relating to the emoluments, allowances, privileges and so on of:

 

  1. The President of India
  2. The Governors of States
  3. The Speaker and the Deputy Speaker of the Lok Sabha
  4. The Chairman and the Deputy Chairman of the Rajya Sabha
  5. The Speaker and the Deputy Speaker of the Legislative Assembly in the states
  6. The Chairman and the Deputy Chairman of the Legislative Council in the states
  7. The Judges of the Supreme Court
  8. The Judges of the High Courts
  9. The Comptroller and Auditor-General of India
Third Schedule Forms of Oaths or Affirmations for:

 

1. The Union ministers

2. The candidates for election to the Parliament

3. The members of Parliament

4. The judges of the Supreme Court

5. The Comptroller and Auditor-General of India

6. The state ministers

7. The candidates for election to the state legislature

8. The members of the state legislature

9. The judges of the High Courts

Fourth Schedule Allocation of seats in the Rajya Sabha to the states and the union territories.
Fifth Schedule Provisions relating to the administration and control of scheduled areas and scheduled tribes.
Sixth Schedule Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
Seventh Schedule Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List). Presently, the Union List contains 100 subjects (originally 97), the state list contains 61 subjects (originally 66) and the concurrent list contains 52 subjects (originally 47).
Eighth Schedule Languages recognized by the Constitution. Originally, it had 14 languages but presently there are 22 languages. They are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, and Urdu. Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71 st Amendment Act of 1992; and Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003.
Ninth Schedule Acts and Regulations (originally 13 but presently 282) 19 of the state legislatures dealing with land reforms and the abolition of the zamindari system and of the. Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
Tenth Schedule Provisions relating to the disqualification of the members of Parliament and State Legislatures on the ground of defection. This schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
Eleventh Schedule Specifies the powers, authority and responsibilities ofPanchayats. It has 29 matters. This schedule was added by the 73rd Amendment Act of 1992.
Twelfth Schedule Specifies the powers, authority, and responsibilities of Municipalities. It has 18 matters. This schedule was added by the 74th Amendment Act of 1992.

 

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UPSC MOLUTTY
UPSC MOLUTTY
20 days ago

Thanks