Nikaalo Prelims Spotlight || Judgements and Important Provisions/Articles/Schedules of the Indian Constitution

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6th Mar 2023

Important Judgements of Indian constitution 

Case

Relevance

A.K. Gopalan Case (1950)

SC contented that there was no violation of Fundamental Rights enshrined in Articles 13, 19, 21 and 22 under the provisions of the Preventive Detention Act, if the detention was as per the procedure established by law. Here, the SC took a narrow view of Article 21.

Shankari Prasad Case (1951)

This case dealt with the amendability of Fundamental Rights (the First Amendment’s validity was challenged). The SC contended that the Parliament’s power to amend under Article 368 also includes the power to amend the Fundamental Rights guaranteed in Part III of the Constitution.

Berubari Union case (1960)

This case was regarding the Parliament’s power to transfer the territory of Berubai to Pakistan. The Supreme Court examined Article 3 in detail. 9th Amendment Act was passed to enforce the agreement.

Golaknath case (1967)

SC contented that Fundamental Rights are not amenable to the Parliamentary restriction as stated in Article 13. Also stated that Article 368 gives the procedure to amend the Constitution but does not confer on Parliament the power to amend the Constitution.

Kesavananda Bharati case (1973)

This judgement defined the basic structure of the Constitution. The SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.” 

Maneka Gandhi case (1978)

The SC held that right to go abroad is included in the Right to Personal Liberty. The SC also ruled that the mere existence of an enabling law was not enough to restrain personal liberty. 

Indra Sawhney and Union of India (1992)

SC examined the scope and extent of Article 16(4), and upheld the constitutional validity of 27% reservation for the OBCs with certain conditions (like creamy layer exclusion, no reservation in promotion, total reserved quota should not exceed 50%, etc.)

Minerva Mills case (1980)

The judgement struck down 2 changes made to the Constitution by the 42nd Amendment Act 1976, declaring them to be violative of the basic structure. 

Shah Bano Begum case (1985)

Milestone case for Muslim women’s fight for rights. The SC upheld the right to alimony for a Muslim woman and said that the Code of Criminal Procedure, 1973 is applicable to all citizens irrespective of their religion. 

S. R. Bommai case (1994)

In this judgement, the SC tried to curb the blatant misuse of Article 356 (regarding the imposition of President’s Rule on states).

Vishaka and State of Rajasthan (1997)

This case dealt with sexual harassment at the workplace. 

Lily Thomas v Union of India (2000)

Here, the SC held that the second marriage of a Hindu man without divorcing the first wife, even if the man had converted to Islam, is void unless the first marriage had been dissolved according to the Hindu Marriage Act.

I.R Coelho and State of Tamil Nadu 2007

This judgement held that if a law is included in the 9th Schedule of the Indian Constitution, it can still be examined and confronted in court.

Aruna Shanbaug Case (2011)

The SC ruled that individuals had a right to die with dignity, allowing passive euthanasia with guidelines. 

NOTA judgement (2013)

This judgement introduced the NOTA (None-Of-The-Above) option for Indian voters.

Triple Talaq Judgement (2016)

The SC outlawed the backward practice of instant ‘triple talaq’, which permitted Muslim men to unilaterally end their marriages by uttering the word “talaq” three times without making any provision for maintenance or alimony. 

Right To Privacy (2017)

The SC declared the right to privacy as a Fundamental Right protected under the Indian Constitution. 

 
 
 

Important Provisions/Articles/Schedules of the Indian Constitution

Parts of the Indian Constitution

Subject Covered

Articles in Indian Constitution

Part I Union and its Territories Article 1-4
Part II Citizenship Article 5-11
Part III Fundamental Rights Article 12-35
Part IV Directive Principles Article 36-51
Part IV A Fundamental Duties Article 51A
Part V The Union Article 52-151
Part VI The States Article 152-237
Part VII Note: 7th Amendment Act, 1956 repealed Part 7
Part VIII The Union Territories Article 239-242
Part IX The Panchayats Article 243-243O
Part IX A The Municipalities Article 243P-243ZG
Part IX B Co-operative Societies Article 243ZH-243ZT
Part X Scheduled and Tribal Areas Article 244-244A
Part XI Relation between Union & States Article 245-263
Part XII Finance, Property, Contracts and Suits Article 264-300A
Part XIII Trade, Commerce and Intercourse within the territory of India Article 301-307
Part XIV Services under the Union and States Article 308-323
Part XIV A Tribunals Article 323A-323B
Part XV Elections Article 324-329A
Part XVI Special Provisions relating to certain classes Article 330-342
Part XVII Official Languages Article 343-351
Part XVIII Emergency Provisions Article 352-360
Part XIX Miscellaneous Article 361-367
Part XX Amendment of the Constitution Article 368
Part XXI Temporary, Transitional and Special Provisions Article 369-392
Part XXII Short title, Commencement, and Authoritative Text in
Hindi and Repeals
Article 393-39

Part 1: Article 1 – Article 4

  • Article 1 –Name of the union and its territories
  • Article 2 –Acceptance and creation of the new state
  • Article 3 – New state creation, as well as changes to the names, boundaries, and territories of existing states

Part 2: Article 5 – Article 11

  • Article 5 –Citizenship at the time the Constitution first came into effect
  • Article 6 –An individual’s citizenship rights after coming to India from Pakistan
  • Article 10 –Maintenance of citizenship rights
  • Article 11 –The right to citizenship will be governed by law by Parliament.

Part 3: Article 12 – Article 35

  • Article 12 –The state’s definition
  • Article 13 –Laws that violate or interfere with fundamental rights

The Indian Constitution originally outlined seven fundamental rights, but only six remain. The 44th Amendment Act of 1978 repealed the Right to Property under Article 31. Part XII of the Constitution was amended to create the legal right under Article 300-A.

  • Right to Equality: Article 14 to Article 18
  • Right to Freedom: Article 19 to Article 22
  • Right to Exploitation: Article 23 to Article 24
  • Right to Freedom of Religion: Article 25 to Article 28
  • Cultural and Educational Rights: Article 29 to Article 30
  • Right to Constitutional Remedies: Article 32

Part 4: Directive Principal of States Policy: Article 36 – 51

  • Article 36 – Definition
  • Article 37 – Application of DPSP
  • Article 39A – Free legal representation and equal justice
  • Article 40 – Forming a village panchayat
  • Article 41 – Right to employment, education, and, in some circumstances, public support
  • Article 43 – Living Wages, etc. for Workers
  • Article 43A – Participation of workers in the management of industries
  • Article 44 – Uniform civil code ( applicable in Goa only)
  • Article 45 – Provision for free and compulsory education for children
  • Article 46 – Promotion of educational and economic interest of scheduled castes, ST, and OBC
  • Article 47 – Duty of the state to raise the level of nutrition and the standard of living and to improve public health
  • Article 48 – Deals with agriculture and animal husbandry
  • Article 49 – Protection of monuments, places and objects of natural importance
  • Article 50 – Separation of judiciary from the executive
  • Article 51 – Promotion of international peace and security

Part 5: Union: Article 52 – 151

  • Article 52 –The President of India
  • Article 53 –Executive Power of the union
  • Article 54 –Election of President
  • Article 61 –Procedure for Impeachment of the President
  • Article 63 –The Vice Presidents of India
  • Article 64 –The Vice-President to be ex-officio chairman the council of States
  • Article 66 –Election of Vice-president
  • Article 72 –Pardoning powers of President
  • Article 74 –Council of ministers to aid and advise President
  • Article 76 –Attorney General of India
  • Article 79 –Constitution of Parliament
  • Article 80 –Composition of Rajya Sabha
  • Article 81 –Composition of Lok Sabha
  • Article 83 –Duration of Houses of Parliament
  • Article 93 –The speakers and Deputy speakers of the house of the people
  • Article 105 –Powers, Privileges, etc. of the House of Parliament
  • Article 109 –Special procedure in respects of money bills
  • Article 110 –Definition of “Money Bills”
  • Article 112 –Annual Financial Budget
  • Article 114 –Appropriation Bills
  • Article 123 –Powers of the President to promulgate Ordinances during recess of parliament
  • Article 124 – Establishment of Supreme Court
  • Article 125 – Salaries of Judges
  • Article 126 –Appointment of acting Chief justice
  • Article 127 –Appointment of ad-hoc judges
  • Article 128 –Attendance of retired judge at sitting of the Supreme Court
  • Article 129 –Supreme Court to be a court of Record
  • Article 130 –Seat of the Supreme Court
  • Article 136 –Special leaves for an appeal to the Supreme Court
  • Article 137 –Review of judgment or orders by the Supreme Court
  • Article 141 –Decision of the Supreme Court binding on all the courts
  • Article 148 –Comptroller and Auditor-General of India
  • Article 149 –Duties and Powers of CAG

Part 6: States: Article 152 – 237

  • Article 153 –Governors of State
  • Article 154 – Executive Powers of Governor
  • Article 161 –Pardoning powers of the Governor
  • Article 165 –Advocate-General of the State
  • Article 213 –Power of Governor to promulgate ordinances
  • Article 214 – High Courts for states
  • Article 215 –High Courts to be a court of record
  • Article 226 –Power of High Courts to issue certain writs
  • Article 233 –Appointment of District judges
  • Article 235 –Control over Subordinate Courts
Part Detail
Part 7 Repealed: Article 238
Part 8 Union Territories: Article 239 – 242
Part 9 Panchayats: Article 243 – 243O 

  • Article 243A – Gram Sabha
  • Article 243B – Constitution of Panchayats
Part 9A Municipalities: Article 243P – 243ZG
Part 9B Co-operative Societies: Article 243ZH – 243ZT
Part 10 Scheduled and Tribal Areas: Article 244
Part 11 Center- State Relations: Article 245 – 263

Part 12: Finance, Property, Contracts and Suits: Article 264 – 300A

  • Article 266 – Consolidated Fund and Public Accounts Fund
  • Article 267 –Contingency Fund of India
  • Article 280 –Finance Commission
  • Article 300-A –Right to property

Part 13: Trade, Commerce and Intercourse within the territories of India: Article 301 – 307

  • Article 301 – Freedom to trade, commerce, and intercourse.
  • Article 302 –Power of Parliament to impose restrictions on trade, commerce, and intercourse.

Part 14: Services Under Center and State: Article 308 – 323

  • Article 312 –All- India-Service.
  • Article 315 –Public service commission’s for the union and for the states
  • Article 320 –Functions of Public Service Commission.

Part 14A: Tribunals: Article 323A – 323B

  • Article 323A –Administrative Tribunals

Part 15: Elections: Article 324 – 329

  • Article 324 –Superintendence, direction and control of Elections to be vested in an Election Commission.
  • Article 325 –No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.
  • Article 326 –Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.

Part 16: Special Provisions to SC, ST, OBC, Minorities etc: Article 330 – 342

  • Article 338 –National Commission for the SC, & ST.
  • Article 340 –Appointment of a commission to investigate the conditions of backward classes.

Part 17: Official Language: Article 343 – 351

  • Article 343 –Official languages of the Union.
  • Article 345 –Official languages or languages of states.
  • Article 348 –Languages to be used in the Supreme Court and in the High Courts.
  • Article 351 –Directive for development of the Hindi languages.

Part 18: Emergency: Article 352 – 360

  • Article 352 –Proclamation of emergency (National Emergency).
  • Article 356 –State Emergency (President’s Rule)
  • Article 360 –Financial Emergency

Part 19: Miscellaneous: Article 361 – 367

  • Article 361-Protection of President and Governors

Part 20: Amendment of Constitution: Article 368

  • Article 368 –Powers of Parliaments to amend the constitution

Part 21:  Special, Transitional and Temporary Provisions: Article 369 – 392

  • Article 370 –Special provision of J&K.
  • Article 371A –Special provision with respect to the State of Nagaland
  • Article 371-J –Special Status for Hyderabad-Karnataka region

Part 22: Short Text, Commencement, Authoritative Text in Hindi and Repeals: Article 392 – 395

  • Article 393 – Short title – This Constitution may be called the Constitution of India.

Important Schedules of the Indian Constitution 

Schedules

Articles of Indian Constitution

First Schedule Article 1 and Article 4
Second Schedule Articles: 59, 65, 75, 97, 125, 148, 158, 164, 186, 221
Third Schedule Articles: 75, 84, 99, 124,146, 173, 188, 219
Fourth Schedule Article 4 and Article 80
Fifth Schedule Article 244
Sixth Schedule Article 244 and Article 275
Seventh Schedule Article 246
Eighth Schedule Article 344 and Article 351
Ninth Schedule Article 31-B
Tenth Schedule Article 102 and Article 191
Eleventh Schedule Article 243-G
Twelfth Schedule Article 243-W

 
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