Constitution of India
The Constitution of India provides the framework for the structure, procedure, power and duties of the government, judiciary, institutions and agencies involved in all spheres of public life in India. It was adopted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. It is the world’s longest written constitution. At the beginning it had 395 articles in 22 parts and 8 schedules. Overtime given the flexibility accorded within the Constitution itself for its own amendment it has seen multiple changes and now includes 25 parts with 448 articles, 12 schedules, 5 appendices and 100 amendments. Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document, and it indicates the source from which the document derives its authority. It comprises the opening words of the preamble of the Indian Constitution.
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“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR ,DEMOCRATIC REPUBLIC and to secure to all its citizens:
- JUSTICE, social, economic and political;
- LIBERTY of thought , expression, belief, faith and worship;
- EQUALITY of status and of opportunity; and to promote among them all;
- FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
As originally enacted the preamble described the state as a “sovereign democratic republic”. In 1976 the Forty-second Amendment changed this to read “sovereign socialist secular democratic republic”.
Parts of the Constitution of India
The individual articles of the constitution of India are grouped together into the following parts:
- Part I – Union and its Territory
- Part II – Citizenship
- Part III – Fundamental Rights
- Part IV – Directive Principles of State Policy
- Part IVA – Fundamental Duties
- Part V – The Union
- Part VI – The States
- Part VII – States in the B part of the First schedule (repealed)
- Part VIII – The Union Territories
- Part IX – The Panchayats
- Part IXA – The Municipalities
- Part IXB – The Co-operative Societies
- Part X – The scheduled and Tribal Areas
- Part XI – Relations between the Union and the States
- Part XII – Finance, Property, Contracts and Suits
- Part XIII – Trade and Commerce within the territory of India
- Part XIV – Services under the Union, the States
- Part XIVA – Tribunals
- Part XV – Elections
- Part XVI – Special Provisions Relating to certain Classes
- Part XVII – Languages
- Part XVIII – Emergency Provisions
- Part XIX – Miscellaneous
- Part XX – Amendment of the Constitution
- Part XXI – Temporary, Transitional and Special Provisions
- Part XXII – Short title, date of commencement, Authoritative text in Hindi and Repeals
Schedules of the Constitution of India
Schedules are lists in the Constitution of India that categorize and tabulate bureaucratic activity and policy of the Government.
- First Schedule (Articles 1 and 4) – This lists the states and territories of India, lists any changes to their borders and the laws used to make that change.
- Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221) – This lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India.
- Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)-Forms of Oaths – This lists the oaths of offices for elected officials and judges.
- Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.
- Fifth Schedule (Article 244(1)) – This provides for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).
- Sixth Schedule (Articles 244(2) and 275(1)) – Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Seventh Schedule (Article 246) – The union (central government), state, and concurrent lists of responsibilities.
- Eighth Schedule (Articles 344(1) and 351) – The official languages
- Ninth Schedule (Article 31-B) – Validation of certain Acts and Regulations
- Tenth Schedule (Articles 102(2) and 191(2)) – “Anti-defection” provisions for Members of Parliament and Members of the State Legislatures.
- Eleventh Schedule (Article 243-G) —Panchayat Raj (rural local government)
- Twelfth Schedule (Article 243-W) — Municipalities (urban local government)
Appendices in the Constitution of India
- Appendix I – The Constitution (Application to Jammu and Kashmir) Order, 1954.
- Appendix II – Re-statement, with reference to the present text of the Constitution, of the exceptions and modifications subject to which the Constitution applies to the State of Jammu and Kashmir.
- Appendix III – Extracts from the Constitution (Forty-fourth Amendment) Act, 1978.
- Appendix IV – The Constitution (Eighty-sixth Amendment) Act, 2002.
- Appendix V – The Constitution (Eighty-eighth Amendment) Act, 2003.
ARTICLES OF THE CONSTITUTION OF INDIA
PART I: THE UNION AND ITS TERRITORY (Constitution of India)
- Name and territory of the Union
- Admission or establishment of new States
- Formation of new States and alteration of areas, boundaries or names of existing States.
- Provide for the amendment of the First and the Fourth Schedules
PART II: CITIZENSHIP (Constitution of India)
- Citizenship at the commencement of the Constitution
- Rights of citizenship of certain persons who have migrated to India from Pakistan
- Rights of citizenship of certain migrants to Pakistan
- Rights of citizenship of certain persons of Indian origin residing outside India
- Persons voluntarily acquiring citizenship of a foreign State not to be citizens
- Continuance of the rights of citizenship
- Parliament to regulate the right of citizenship by law
PART III: FUNDAMENTAL RIGHTS (Constitution of India)
- Definition
- Laws inconsistent with or in derogation of the fundamental rights
Right to Equality
- Equality before law
- Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
- Equality of opportunity in matters of public employment
- Abolition of Untouchability
- Abolition of titles
Right to Freedom
- Protection of certain freedoms
- to freedom of speech and expression;
- to assemble peaceably and without arms;
- to form associations or unions or cooperative societies
- to move freely throughout the territory of India;
- to reside and settle in any part of the territory of India;
- to practice any profession, or to carry on any occupation, trade or business.
- Protection in respect of conviction for offences.
- Protection of life and personal liberty.
- Protection against arrest and detention in certain cases.
Right against Exploitation
- Prohibition of traffic in human beings and forced labour.
- Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
- Freedom of conscience and free profession, practice and propagation of religion
- Freedom to manage religious affairs
- Freedom as to payment of taxes for promotion of any particular religion
- Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Cultural and Educational Rights
- Protection of interests of minorities.
- Right of minorities to establish and administer educational institutions.
- Repealed
Right to Constitutional Remedies
- Remedies for enforcement of rights conferred by this Part
- Power of Parliament to modify the rights conferred by this Part in their application to Forces
- Restriction on rights conferred by this Part while martial law is in force in any area
- Legislation to give effect to the provisions of this Part
PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY (Constitution of India)
- Definition
- Application of the principles contained in this Part
- State to secure a social order for the promotion of welfare of the people
- Certain principles of policy to be followed by the State
39A. Equal justice and free legal aid
- Organization of village panchayats
- Right to work, to education and to public assistance in certain cases
- Provision for just and humane conditions of work and maternity relief
- Living wage, etc., for workers
43A. Participation of workers in management of industries
- Uniform civil code for the citizens
- Provision for free and compulsory education for children
- Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
- Duty of the State to raise the level of nutrition and the standard of living and to improve public health
- Organization of agriculture and animal husbandry
48A. Protection and improvement of environment and safeguarding of forests and wild life
- Protection of monuments and places and objects of national importance
- Separation of judiciary from executive
- Promotion of international peace and security
PART IVA: FUNDAMENTAL DUTIES IN THE CONSTITUTION OF INDIA (Constitution of India)
51A: Fundamental duties
PART V: THE UNION (Constitution of India)
- The President of India
- Executive power of the Union
- Election of President
- Manner of election of President
- Term of office of President
- Eligibility for re-election
- Qualifications for election as President
- Conditions of President’s office
- Oath or affirmation by the President
- Procedure for impeachment of the President
- Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy
- The Vice-President of India
- The Vice-President to be ex officio Chairman of the Council of States
- The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
- Election of Vice-President
- Term of office of Vice-President
- Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy
- Oath or affirmation by the Vice-President
- Discharge of President’s functions in other contingencies
- Matters relating to, or connected with, the election of a President or Vice-President
- Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
- Extent of executive power of the Union
- Council of Ministers to aid and advice President
- Other provisions as to Ministers
- Attorney-General for India
- Conduct of business of the Government of India
- Duties of Prime Minister as respects the furnishing of information to the President, etc.
- Constitution of Parliament
- Composition of the Council of States
- Composition of the House of the People
- Readjustment after each census
- Duration of Houses of Parliament
- Qualification for membership of Parliament
- Sessions of Parliament, prorogation and dissolution
- Right of President to address and send messages to Houses
- Special address by the President
- Rights of Ministers and Attorney-General as respects Houses
- The Chairman and Deputy Chairman of the Council of States.
- Vacation and resignation of, and removal from, the office of Deputy Chairman.
- Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
- The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
- The Speaker and Deputy Speaker of the House of the People
- Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
- Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
- The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
- Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.
- Secretariat of Parliament
- Oath or affirmation by members
- Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
- Vacation of seats
- Disqualifications for membership
- Decision on questions as to disqualifications of members
- Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified
- Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof
- Salaries and allowances of members
- Provisions as to introduction and passing of Bills
- Joint sitting of both Houses in certain cases
- Special procedure in respect of Money Bills
- Definition of “Money Bills”
- Assent to Bills
- Annual financial statement
- Procedure in Parliament with respect to estimates
- Appropriation Bills
- Supplementary, additional or excess grants
- Votes on account, votes of credit and exceptional grants
- Special provisions as to financial Bills
- Rules of procedure.
- Regulation by law of procedure in Parliament in relation to financial business.
- Language to be used in Parliament
- Restriction on discussion in Parliament.
- Courts not to inquire into proceedings of Parliament.
- Power of President to promulgate Ordinances during recess of Parliament.
- Establishment and constitution of Supreme Court.
- Salaries, etc., of Judges.
- Appointment of acting Chief Justice.
- Appointment of ad hoc judges.
- Attendance of retired Judges at sittings of the Supreme Court.
- Supreme Court to be a court of record.
- Seat of Supreme Court.
- Original jurisdiction of the Supreme Court.
131A. (Repealed)
- Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.
- Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters.
- Appellate jurisdiction of Supreme Court in regard to criminal matters.
134A. Certificate for appeal to the Supreme Court.
- Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.
- Special leave to appeal by the Supreme Court.
- Review of judgments or orders by the Supreme Court.
- Enlargement of the jurisdiction of the Supreme Court.
- Conferment on the Supreme Court of powers to issue certain writs.
139A. Transfer of certain cases.
- Ancillary powers of Supreme Court.
- Law declared by Supreme Court to be binding on all courts.
- Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
- Power of President to consult Supreme Court.
- Civil and judicial authorities to act in aid of the Supreme Court.
144A. [Repealed.]
- Rules of Court, etc.
- Officers and servants and the expenses of the Supreme Court.
- Interpretation.
- Comptroller and Auditor-General of India.
- Duties and powers of the Comptroller and Auditor-General.
- Form of accounts of the Union and of the States.
- Audit reports.
PART VI: THE STATES (Constitution of India)
- Definition.
- Governors of States.
- Executive power of State.
- Appointment of Governor.
- Term of office of Governor.
- Qualifications for appointment as Governor.
- Conditions of Governor’s office
- Oath or affirmation by the Governor.
- Discharge of the functions of the Governor in certain contingencies.
- Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
- Extent of executive power of State.
- Council of Ministers to aid and advice Governor.
- Other provisions as to Ministers.
- Advocate-General for the State.
- Conduct of business of the Government of a State.
- Duties of Chief Minister as respects the furnishing of information to Governor, etc.
- Constitution of Legislatures in States.
- Abolition or creation of Legislative Councils in States.
- Composition of the Legislative Assemblies.
- Composition of the Legislative Councils.
- Duration of State Legislatures.
- Qualification for membership of the State Legislature.
- Sessions of the State Legislature, prorogation and dissolution.
- Right of Governor to address and send messages to the House or Houses.
- Special address by the Governor.
- Rights of Ministers and Advocate-General as respects the Houses.
- The Speaker and Deputy Speaker of the Legislative Assembly.
- Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
- Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
- The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
- The Chairman and Deputy Chairman of the Legislative Council.
- Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
- Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
- The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
- Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
- Secretariat of State Legislature.
- Oath or affirmation by members.
- Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
- Vacation of seats.
- Disqualifications for membership.
- Decision on questions as to disqualifications of members.
- Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.
- Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof
- Salaries and allowances of members.
- Provisions as to introduction and passing of Bills.
- Restriction on powers of Legislative Council as to Bills other than Money Bills.
- Special procedure in respect of Money Bills.
- Definition of “Money Bills”.
- Assent to Bills.
- Bills reserved for consideration.
- Annual financial statement.
- Procedure in Legislature with respect to estimates.
- Appropriation Bills.
- Supplementary, additional or excess grants.
- Votes on account, votes of credit and exceptional grants.
- Special provisions as to financial Bills.
- Rules of procedure.
- Regulation by law of procedure in the Legislature of the State in relation to financial business.
- Language to be used in the Legislature.
- Restriction on discussion in the Legislature.
- Courts not to inquire into proceedings of the Legislature.
- Power of Governor to promulgate Ordinances during recess of Legislature.
- High Courts for States.
- High Courts to be courts of record.
- Constitution of High Courts.
- Appointment and conditions of the office of a Judge of a High Court.
- Application of certain provisions relating to Supreme Court to High Courts.
- Oath or affirmation by Judges of High Courts.
- Restriction on practice after being a permanent Judge.
- Salaries, etc., of Judges.
- Transfer of a Judge from one High Court to another.
- Appointment of acting Chief Justice.
- Appointment of additional and acting Judges.
224A. Appointment of retired Judges at sittings of High Courts.
- Jurisdiction of existing High Courts.
- Power of High Courts to issue certain writs.
226A. [Repealed]
- Power of superintendence over all courts by the High Court.
- Transfer of certain cases to High Court.
228A. [Repealed.]
- Officers and servants and the expenses of High Courts.
- Extension of jurisdiction of High Courts to Union territories.
- Establishment of a common High Court for two or more States.
- Appointment of district judges.
233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges.
- Recruitment of persons other than district judges to the judicial service.
- Control over subordinate courts.
- Interpretation.
- Application of the provisions of this Chapter to certain class or classes of magistrates.
PART VII: THE STATES IN PART B OF THE FIRST SCHEDULE (Constitution of India)
- [Repealed]
PART VIII: THE UNION TERRITORIES (Constitution of India)
- Administration of Union territories.
239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.
239A. Special provisions with respect to Delhi.
239AA. Provision in case of failure of constitutional machinery.
239AB. Power of administrator to promulgate Ordinances during recess of Legislature.
- Power of President to make regulations for certain Union territories.
- High Courts for Union territories.
- [Repealed.]
PART IX: THE PANCHAYATS (Constitution of India)
- Definitions.
243A. Gram Sabha.
243B. Constitution of Panchayats.
243C. Composition of Panchayats.
243D. Reservation of seats.
243E. Duration of Panchayats, etc.
243F. Disqualifications for membership.
243G. Powers, authority and responsibilities of Panchayats.
243H. Powers to impose taxes by, and Funds of, the Panchayats.
243-I. Constitution of Finance Commission to review financial position.
243J. Audit of accounts of Pachayats.
243K. Elections to the Panchayats.
243L. Application to Union territories.
243M. Part not to apply to certain areas.
243N. Continuance of existing laws and Panchayats.
243-O. Bar to interference by courts in electoral matters.
PART IXA: THE MUNICIPALITIES (Constitution of India)
243P. Definitions.
243Q. Constitution of Municipalities.
243R. Composition of Municipalities.
243S. Constitution and composition of Wards Committees, etc.
243T. Reservation of seats.
243U. Duration of Municipalities, etc.
243V. Disqualifications for membership.
243W. Powers, authority and responsibilities of Municipalities, etc.
243X. Power to impose taxes by, and Funds of, the Municipalities.
- Finance Commission.
243Z. Audit of accounts of Municipalities.
243ZA. Elections to the Municipalities.
243ZB. Application to Union territories.
243ZC. Part not to apply to certain areas.
243ZD. Committee for district planning.
243ZE. Committee for Metropolitan planning.
243ZF. Continuance of existing laws and Municipalities.
243ZG. Bar to interference by Courts in electoral matters.
PART X: THE SCHEDULED AND TRIBAL AREAS (Constitution of India)
- Administration of Scheduled Areas and Tribal Areas.
244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.
PART XI: RELATIONS BETWEEN THE UNION AND THE STATES (Constitution of India)
- Extent of laws made by Parliament and by the Legislatures of States.
- Subject-matter of laws made by Parliament and by the Legislatures of States.
- Power of Parliament to provide for the establishment of certain additional courts.
- Residuary powers of legislation.
- Power of Parliament to legislate with respect to a matter in the State List in the national interest.
- Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
- Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.
- Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
- Legislation for giving effect to international agreements.
- Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
- Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.
- Obligation of States and the Union.
- Control of the Union over States in certain cases.
257A. [Repealed.]
- Power of the Union to confer powers, etc., on States in certain cases.
258A. Power of the States to entrust functions to the Union.
- [Repealed.]
- Jurisdiction of the Union in relation to territories outside India.
- Public acts, records and judicial proceedings.
- Adjudication of disputes relating to waters of inter-State rivers or river valleys.
- Provisions with respect to an inter-State Council.
PART XII: FINANCE, PROPERTY, CONTRACTS AND SUITS (Constitution of India)
- Interpretation.
- Taxes not to be imposed save by authority of law.
- Consolidated Funds and public accounts of India and of the States.
- Contingency Fund.
- Duties levied by the Union but collected and appropriated by the State.
- Taxes levied and collected by the Union but assigned to the States.
- Taxes levied and distributed between the Union and the States.
- Surcharge on certain duties and taxes for purposes of the Union.
- [Repealed.]
- Grants in lieu of export duty on jute and jute products.
- Prior recommendation of President required to Bills affecting taxation in which States are interested.
- Grants from the Union to certain States.
- Taxes on professions, trades, callings and employments.
- Savings.
- [Repealed.]
- Calculation of “net proceeds”, etc.
- Finance Commission.
- Recommendations of the Finance Commission.
- Expenditure defrayable by the Union or a State out of its revenues.
- Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.
- Custody of suitors’ deposits and other moneys received by public servants and courts.
- Exemption of property of the Union from State taxation.
- Restrictions as to imposition of tax on the sale or purchase of goods.
- Exemption from taxes on electricity.
- Exemption from taxation by States in respect of water or electricity in certain cases.
- Exemption of property and income of a State from Union taxation.
- Adjustment in respect of certain expenses and pensions.
290A. Annual payment to certain Devaswom Funds.
- [Repealed.]
- Borrowing by the Government of India.
- Borrowing by States.
- Succession to property, assets, rights, liabilities and obligations in certain cases.
- Succession to property, assets, rights, liabilities and obligations in other cases.
- Property accruing by escheat or laps or as bona vacantia.
- Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.
- Power to carry on trade, etc.
- Contracts.
- Suits and proceedings.
300A. Persons not to be deprived of property save by authority of law.
PART XIII: TRADE, COMMERCE AND INTERCOURSE WITHIN INDIA (Constitution of India)
- Freedom of trade, commerce and intercourse.
- Power of Parliament to impose restrictions on trade, commerce and intercourse.
- Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
- Restrictions on trade, commerce and intercourse among States.
- Saving of existing laws and laws providing for State monopolies.
- [Repealed.]
- Appointment of authority for carrying out the purposes of articles 301 to 304.
PART XIV: SERVICES UNDER THE UNION AND THE STATES (Constitution of India)
- Interpretation.
- Recruitment and conditions of service of persons serving the Union or a State.
- Tenure of office of persons serving the Union or a State.
- Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.
- All-India services.
312A. Power of Parliament to vary or revoke conditions of service of officers of certain services.
- Transitional provisions.
- [Repeated.]
- Public Service Commissions for the Union and for the States.
- Appointment and term of office of members.
- Removal and suspension of a member of a Public Service Commission.
- Power to make regulations as to conditions of service of members and staff of the Commission.
- Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
- Functions of Public Service Commissions.
- Power to extend functions of Public Service Commissions.
- Expenses of Public Service Commissions.
- Reports of Public Service Commissions.
PART XIVA: TRIBUNALS (Constitution of India)
323A. Administrative tribunals.
323B. Tribunals for other matters.
PART XV: ELECTIONS (Constitution of India)
- Superintendence, direction and control of elections to be vested in an Election Commission.
- 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.
- Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
- Power of Parliament to make provision with respect to elections to Legislatures.
- Power of Legislature of a State to make provision with respect to elections to such Legislature.
- Bar to interference by courts in electoral matters.
329A. [Repealed.]
PART XVI: SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES (Constitution of India)
- Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
- Representation of the Anglo-Indian community in the House of the People.
- Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
- Representation of the Anglo-Indian community in the Legislative Assemblies of the States.
- Reservation of seats and special representation to cease after sixty years.
- Claims of Scheduled Castes and Scheduled Tribes to services and posts.
- Special provision for Anglo-Indian community in certain services.
- Special provision with respect to educational grants for the benefit of Anglo-Indian Community.
- National Commission for Scheduled Castes.
338A. National Commission for Scheduled Tribes.
- Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes.
- Appointment of a Commission to investigate the conditions of backward classes.
- Scheduled Castes.
- Scheduled Tribes.
PART XVII: OFFICIAL LANGUAGE (Constitution of India)
- Official language of the Union.
- Commission and Committee of Parliament on official language.
- Official language or languages of a State.
- Official language for communication between one State and another or between a State and the Union.
- Special provision relating to language spoken by a section of the population of a State.
- Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
- Special procedure for enactment of certain laws relating to language.
- Language to be used in representations for redress of grievances.
350A. Facilities for instruction in mother-tongue at primary stage.
350B. Special Officer for linguistic minorities.
- Directive for development of the Hindi language.
PART XVIII: EMERGENCY PROVISIONS(Constitution of India)
- Proclamation of Emergency.
- Effect of Proclamation of Emergency.
- Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
- Duty of the Union to protect States against external aggression and internal disturbance.
- Provisions in case of failure of constitutional machinery in States.
- Exercise of legislative powers under Proclamation issued under article 356.
- Suspension of provisions of article 19 during emergencies.
- Suspension of the enforcement of the rights conferred by Part III during emergencies.
359A. [Repealed.]
- Provisions as to financial emergency.
PART XIX: MISCELLANEOUS(Constitution of India)
- Protection of President and Governors and Rajprakukhs.
361A. Protection of publication of proceedings of Parliament and State Legislatures.
361B. Disqualification for appointment on remunerative political post.
- [Repealed.]
- Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
- Special provisions as to major ports and aerodromes.
- Effect of failure to comply with, or to give effect to, directions given by the Union.
- Definitions.
- Interpretation.
PART XX: AMENDMENT OF THE CONSTITUTION OF INDIA (Constitution of India)
- Power of Parliament to amend the Constitution and procedure therefore.
PART XXI: TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS(Constitution of India)
- Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
- Temporary provisions with respect to the State of Jammu and Kashmir.
- Special provision with respect to the States of Maharashtra and Gujarat.
371A. Special provision with respect to the State of Nagaland.
371B. Special provision with respect to the State of Assam.
371C. Special provision with respect to the State of Manipur.
371D. Special provisions with respect to the State of Andhra Pradesh.
371E. Establishment of Central University in Andhra Pradesh.
371F. Special provisions with respect to the State of Sikkim.
371G. Special provision with respect to the State of Mizoram.
371H. Special provision with respect to the State of Arunachal Pradesh.
371-I. Special provision with respect to the State of Goa.
- Continuance in force of existing laws and their adaptation.
372A. Power of the President to adapt laws.
- Power of President to make order in respect of persons under preventive detention in certain cases.
- Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.
- Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
- Provisions as to Judges of High Courts.
- Provisions as to Comptroller and Auditor-General of India.
- Provisions as to Public Service Commissions.
378A. Special provision as to duration of Andhra Pradesh Legislative Assembly.
379-391. [Repealed.]
- Power of the President to remove difficulties.
PART XXII: SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS
- Short title.
- Commencement.
394A. Authoritative text in the Hindi language.
- Repeals.
AMENDMENTS MADE TO THE CONSTITUTION OF INDIA
Amendment | Year | Provision |
1 | 1951 | Special provision for the advancement of the Scheduled Castes and the Scheduled Tribes laws |
Introduction of Schedule 9 to protect laws that infringe Fundamental Rights | ||
Zamindari abolition | ||
2 | 1953 | Removed the upper population limit for a parliamentary constituency |
3 | 1955 | Re-enacted entry 33 of the Concurrent List in the Seventh Schedule with relation to include trade and commerce in 4 classes of essential commodities |
4 | 1955 | Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution of India |
5 | 1955 | Empowered the President to prescribe a time limit for a State Legislature to convey its views on proposed Central laws relating to the formation of new States and alteration of areas, boundaries or names of existing States |
6 | 1956 | Amend the Union and State Lists with respect to raising of taxes |
7 | 1956 | Reorganization of states on linguistic lines, abolition of Class A, B, C, D states |
Introduction of Union Territories | ||
8 | 1960 | Extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and Anglo-Indians in the Lok Sabha and the State Legislative Assemblies till 1970 |
9 | 1960 | Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc. |
10 | 1961 | Incorporation of Dadra, Nagar and Haveli as a Union Territory, after acquisition from Portugal |
11 | 1961 | Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament |
12 | 1961 | Incorporation of Goa, Daman and Diu as a Union Territory, after acquisition from Portugal |
13 | 1962 | Formation of State of Nagaland, with special protection under Article 371A |
14 | 1962 | Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa |
15 | 1963 | Raise retirement age of High court judges from 60 to 62 and other minor amendments |
16 | 1963 | Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic |
17 | 1964 | To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution of India |
18 | 1966 | Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories |
19 | 1966 | Abolish Election Tribunals and enable trial of election petitions by regular High Courts |
20 | 1966 | Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges |
21 | 1967 | Included Sindhi as an Official Language |
22 | 1969 | Provision to form Autonomous states within the State of Assam |
23 | 1970 | Discontinued reservation of seats for the STs in Nagaland, both in the Lok Sabha and the State Legislative Assembly |
Extend reservation for SC/ST and Anglo Indian members in the Lok Sabha and State Assemblies for another ten years, i.e. up to 1980. | ||
24 | 1971 | Enable parliament to dilute fundamental rights through amendments to the constitution of India |
25 | 1972 | Restrict property rights and compensation in case the state takes over private property. However, the Supreme Court quashed a part of Article 31C, to the extent it took away the power of judicial review. This was done in the landmark case of Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225 which for the first time enunciated the Basic structure doctrine. |
26 | 1971 | Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic |
27 | 1972 | Reorganization of Mizoram into a Union Territory with a legislature and council of ministers |
28 | 1972 | Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence |
29 | 1972 | Place land reform acts and amendments to these act under Schedule 9 of the constitution of India |
30 | 1973 | Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law |
31 | 1973 | Increase size of Parliament from 525 to 545 seats |
32 | 1974 | Protection of regional rights in Telangana and Andhra regions of State of Andhra Pradesh |
33 | 1974 | Prescribes procedure for resignation by members of parliament and state legislatures |
34 | 1974 | Place land reform acts and amendments to these act under Schedule 9 of the constitution of India |
35 | 1975 | Terms and Conditions for the Incorporation of Sikkim into the Union of India |
36 | 1975 | Formation of Sikkim as a State within the Indian Union |
37 | 1975 | Formation of Arunachal Pradesh legislative assembly |
38 | 1975 | Enhances the powers of President and Governors to pass ordinances |
39 | 1975 | Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi’s election to parliament. Amendment placed restrictions on judicial scrutiny of post of Prime Minister |
Later however, Article 329A was struck down by the Supreme Court in case of Indira Nehru Gandhi vs Shri Raj Narain 1976 for being in violation of basic structure. | ||
40 | 1976 | Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India |
Place land reform & other acts and amendments to these act under Schedule 9 of the constitution of India | ||
41 | 1976 | Raise Retirement Age Limit of Chairmen and Members of Joint Public Service Commissions and State Public Service Commissions from sixty to sixty two. |
42 | 1976 | Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a “Socialist Secular” Republic |
However, the Supreme Court, in Minerva Mills v. Union of India, quashed the amendments to Articles 31C and 368 as it was in contravention with the basic structure of the Constitution. | ||
43 | 1978 | Repealed many amendments enacted through the 42nd Amendment |
44 | 1978 | Human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42 |
45 | 1980 | Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990 |
46 | 1983 | Amendment to negate judicial pronouncements on scope and applicability on Sales Tax |
47 | 1984 | Placed land reform acts and amendments to these act under Schedule 9 of the constitution of India |
48 | 1985 | Article 356 amended to permit President’s rule up to two years in the state of Punjab |
49 | 1984 | Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council |
50 | 1984 | Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure |
51 | 1984 | Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies |
52 | 1985 | Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other. However, parts of the 10th Schedule to the Constitution of India was struck down by the Supreme Court in the case of Kihoto Hollohan v. Zachillhu 1992 SCR (1) 686, for being in contravention with Article 368 of the Constitution of India |
53 | 1986 | Special provision with respect to the State of Mizoram. |
54 | 1986 | Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment |
55 | 1987 | Special powers to Governor consequent to formation of state of Arunachal Pradesh |
56 | 1987 | Transition provision to enable formation of state of Goa |
57 | 1987 | Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies |
58 | 1987 | Provision to publish authentic Hindi translation of the constitution of India as on date and provision to publish authentic Hindi translation of future amendments |
59 | 1988 | Article 356 amended to permit President’s rule up to three years in the state of Punjab |
60 | 1988 | Profession Tax increased from a minimum of Rs. 250/- to a maximum of Rs. 2500/- |
61 | 1989 | Reduce age for voting rights from 21 to 18 |
62 | 1989 | Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000 |
63 | 1990 | Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed |
64 | 1990 | Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab |
65 | 1990 | National Commission for Scheduled Castes and Scheduled Tribes formed and its statutory powers specified in The Constitution of India |
66 | 1990 | Place land reform acts and amendments to these act under Schedule 9 of the constitution of India |
67 | 1990 | Article 356 amended to permit President’s rule up to four years in the state of Punjab |
68 | 1991 | Article 356 amended to permit President’s rule up to five years in the state of Punjab |
69 | 1992 | To provide for a legislative assembly and council of ministers for New Delhi |
70 | 1991 | Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election |
71 | 1992 | Include Konkani, Manipuri and Nepali as Official Languages |
72 | 1992 | Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly |
73 | 1992 | Statutory provisions for Panchyat Raj as third level of administration in villages |
74 | 1992 | Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities |
75 | 1994 | Provisions for setting up Rent Control Tribunals |
76 | 1994 | Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution of India |
77 | 1995 | A technical amendment to protect reservation to SC/ST Employees in promotions |
78 | 1995 | Place land reform acts and amendments to these act under Schedule 9 of the constitution of India |
79 | 2000 | Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010 |
80 | 2000 | Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre |
81 | 2000 | Protect SC / ST reservation in filling backlog of vacancies |
82 | 2000 | Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates |
83 | 2000 | Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions |
84 | 2002 | Extend the usage of 1971 national census population figures for statewise distribution of parliamentary seats |
85 | 2002 | A technical amendment to protect Consequential seniority in case of promotions of SC/ST Employees |
86 | 2002 | Provides Right to Education until the age of fourteen and Early childhood care until the age of six |
87 | 2003 | Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats |
88 | 2004 | To extend statutory cover for levy and utilization of Service Tax |
89 | 2003 | The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes |
90 | 2003 | Reservation in Assam Assembly relating to Bodoland Territory Area |
91 | 2004 | Restrict the size of council of ministers to 15% of legislative members & to strengthen Anti Defection laws |
92 | 2004 | Include Bodo, Dogri, Santali and Maithali as official languages |
93 | 2006 | To enable provision of reservation(27%) for other backward classes (OBC) in government as well as private educational institutions |
94 | 2006 | To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States including Madhya Pradesh, Orissa. |
95 | 2010 | To extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Sixty years to Seventy years |
96 | 2011 | Substituted “Odia” for “Oriya” |
97 | 2012 | Added the words “or co-operative societies” after the word “or unions” in Article 19(l)(c) and insertion of article 43B i.e., Promotion of Co-operative Societies and added Part-IXB i.e., The Co-operative Societies. |
The amendment objective is to encourage economic activities of cooperatives which in turn help progress of rural India. It is expected to not only ensure autonomous and democratic functioning of cooperatives, but also the accountability of the management to the members and other stakeholders.[101] | ||
98 | 2013 | To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.[102] |
99 | 2015 | The amendment provides for the formation of a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill.[105] The amendment was struck down by the Supreme Court on 16 October 2015. |
100 | 2015 | Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves consequent to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh. |
101 | 2016 | Goods and Services Tax Bill |