Indian Constitution: Key Articles

• Below are the study notes pertaining to the Articles of the Constitution

Article 176: Special Address by the Governor

• At the commencement of the first session after each general election to the Legislative Assembly, the Governor addresses the Legislative Assembly or both Houses if the State has a Legislative Council.
• The Governor informs the Legislature of the causes of the summons.
• Rules regulate the procedure of the House for the allotment of time for discussion of the matters in the address.

Article 325: No Ineligibility for Inclusion in Electoral Roll

• No person is ineligible for inclusion in the general electoral roll for any territorial constituency based on religion, race, caste, or sex.
• No one can claim to be included in any special electoral roll for any constituency on these grounds alone.

Article 148: Comptroller and Auditor-General of India

• There will be a Comptroller and Auditor-General of India who the President will appoint by warrant.
• Removal from office is only possible in the same manner and grounds as a Supreme Court Judge.
• Before entering office, the Comptroller and Auditor-General makes an oath or affirmation before the President, according to the Third Schedule.
• Parliament determines the salary and service conditions of the Comptroller and Auditor-General by law, until then, the Second Schedule specifies them.
• The salary and rights regarding leave, pension, or retirement age must not be altered to their disadvantage after appointment.
• The Comptroller and Auditor-General is ineligible for further office under the Government of India or any State after ceasing to hold office.
• The President, after consulting with the Comptroller and Auditor-General, prescribes the service conditions for those in the Indian Audit and Accounts Department, as well as the administrative powers of the Comptroller and Auditor-General.
• The administrative expenses of the Comptroller and Auditor-General's office, including salaries, allowances, and pensions, are charged upon the Consolidated Fund of India.

Article 102: Disqualifications for Membership of Parliament

• A person is disqualified from being chosen as or being a member of either House of Parliament if they:
  • Hold any office of profit under the Government of India or any State, unless Parliament declares the office not to disqualify its holder.
  • Are of unsound mind and declared so by a competent court.
  • Are an undischarged insolvent.
  • Are not a citizen of India or have voluntarily acquired citizenship or acknowledgment of allegiance to a foreign state.
  • Are disqualified by or under any law made by Parliament.
• A Minister for the Union or a State is not deemed to hold an office of profit.
• A person is disqualified if they are so under the Tenth Schedule.

Article 131: Original Jurisdiction of the Supreme Court

• Subject to the Constitution, the Supreme Court has original jurisdiction in disputes:
  • Between the Government of India and one or more States.
  • Between the Government of India and any State(s) on one side and one or more other States on the other side.
  • Between two or more States involving any question of law or fact on which the existence or extent of a legal right depends.
• Jurisdiction does not extend to disputes arising out of treaties or agreements entered into before the Constitution's commencement and still in operation, or if the said jurisdiction cannot extend to such a dispute.

Article 267: Contingency Fund

• Parliament may establish a Contingency Fund of India by law.
• Sums are paid into the fund as determined by law.
• The President can make advances out of the Fund for unforeseen expenditure, pending authorization by Parliament.
• A State Legislature may establish a Contingency Fund of the State by law.
• Sums are paid into the fund as determined by law.
• The Governor can make advances out of this Fund for unforeseen expenditure, pending authorization by the State Legislature.

Article 243E: Duration of Panchayats

• Every Panchayat continues for five years from the date of its first meeting, unless dissolved sooner.
• Amendments do not dissolve a Panchayat until its specified duration expires.
• An election to constitute a Panchayat must be completed:
  • Before the expiry of its duration
  • Before the expiration of six months from the date of its dissolution
• No election is necessary if the remaining period for a dissolved Panchayat is less than six months.
• A Panchayat constituted upon dissolution continues only for the remainder of the period of the dissolved Panchayat.

Article 257: Control of the Union over States in Certain Cases

• States must exercise their executive power so as not to impede the Union's executive power.
• The Union's executive power extends to giving directions to a State.
• The Union can direct States on constructing and maintaining means of communication of national or military importance.
• Parliament can declare highways or waterways as national, the Union can construct and maintain means of communication for naval, military, and air force works.
• The Union can direct a State regarding measures for railway protection within the State.
• The Government of India pays the State for costs exceeding normal duties incurred while carrying out directions with regards to maintenance of the railway.
• The amount is determined by agreement or by an arbitrator appointed by the Chief Justice of India.

Article 350A: Facilities for Instruction in Mother Tongue at Primary Stage

• Every State and local authority should provide adequate facilities for mother-tongue instruction at the primary education stage for linguistic minority groups.
• The President may issue directions to any State to secure these facilities.

Article 138: Enlargement of the Jurisdiction of the Supreme Court

• The Supreme Court has further jurisdiction and powers on Union List matters as Parliament may confer by law.
• The Supreme Court has further jurisdiction and powers regarding any matter the Government of India and a State may specially agree on, if Parliament provides for the exercise of such jurisdiction by law.

Article 243Q: Constitution of Municipalities

• Every State must constitute:
  • A Nagar Panchayat for areas transitioning from rural to urban.
  • A Municipal Council for smaller urban areas.
  • A Municipal Corporation for larger urban areas.
• A Municipality may not be constituted in an urban area if the Governor specifies it as an industrial township, concerning the size of the area and municipal services provided by an industrial establishment.
• "Transitional area," "smaller urban area," or "larger urban area" are such areas as the Governor may specify based on population, density, revenue, nonagricultural employment, and economic importance, by public notification.

Article 249: Power of Parliament to Legislate on State List Matters in the National Interest

• If the Council of States declares with a two-thirds majority that it is necessary or expedient in the national interest, Parliament can make laws on matters in the State List.
• The resolution must specify the State List matters.
• A resolution remains in force for up to one year, as specified.
• Such resolution can be extended for further periods of one year with the same procedure.
• A law made by Parliament ceases to have effect six months after the resolution expires, except for actions already taken.

Article 76: Attorney-General for India

• The President appoints a person qualified to be a Supreme Court Judge as the Attorney-General for India.
• The Attorney-General advises the Government of India on legal matters, performs legal duties assigned by the President, and discharges functions conferred by the Constitution or other laws.
• The Attorney-General has the right of audience in all courts in India.
• The Attorney-General holds office during the pleasure of the President, who determines their remuneration.

Article 236: Interpretation

• The expression "district judge" includes judges of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge, and assistant sessions judge.
• The term "judicial service" means a service exclusively consisting of individuals who fill the post of district judge, and other civil judicial positions beneath that district judge.

Article 75: Other Provisions as to Ministers

• The President appoints the Prime Minister.
• The President appoints other Ministers on the Prime Minister's advice.
• The total number of Ministers, including the Prime Minister, cannot exceed 15% of the total members of the House of the People
• A member of Parliament disqualified under the Tenth Schedule cannot be appointed a Minister.
• Ministers hold office during the President's pleasure.
• The Council of Ministers is collectively responsible to the House of the People.
• Before entering office, the President administers oaths of office and secrecy to Ministers.
• A Minister who is not a member of either House of Parliament for six consecutive months ceases to be a Minister.
• Parliament determines the salaries and allowances of Ministers, but until then, the Second Schedule specifies them.

Article 215: High Courts to be Courts of Record

• Every High Court is a court of record with all the powers, including the power to punish for contempt of itself.

Article 94: Vacation, Resignation, and Removal of Speaker and Deputy Speaker

• A member holding office as Speaker or Deputy Speaker of the House of the People must vacate their office:
  • If the person ceases to be a member of the House of the People.
  • By resigning via writing to the Deputy Speaker (if Speaker) or to the Speaker (if Deputy Speaker).
  • If removed by a resolution of the House of the People passed by a majority of all the present members of the House
• A resolution for removal requires at least fourteen days' notice.
• The Speaker does not vacate office when the House of the People is dissolved, until immediately before the first meeting of the House after the dissolution.

Article 29: Protection of Interests of Minorities

• Any section of citizens residing in India with a distinct language, script, or culture has the right to conserve the same.
• No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Article 312: All-India Services

• If the Council of States declares with a two-thirds majority that it is necessary or expedient in the national interest, Parliament may create all India services, such as an all-India judicial service, common to the Union and the States.
• Parliament regulates the recruitment and service conditions of those appointed to such services.
• The Indian Administrative Service and the Indian Police Service are deemed services created by Parliament under this article.
• The all-India judicial service does not include any post inferior to that of a district judge.
• Laws creating the all-India judicial service may amend Chapter VI of Part VI of the Constitution.
• No such law is deemed an amendment of the Constitution for the purposes of Article 368.

Article 50: Separation of Judiciary from Executive

• The State must take steps to separate the judiciary from the executive in the public services of the State.

Article 214: High Courts for States

• There shall be a High Court for each State.

Article 32: Remedies for Enforcement of Rights Conferred by This Part

• The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights is guaranteed.
• The Supreme Court can issue directions, orders, or writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of these rights.
• Parliament can empower any other court to exercise the powers exercisable by the Supreme Court under clause (2).
• The right is only able to be suspended if otherwise provided for by the Constitution.

Article 156: Term of Office of Governor

• The Governor holds office during the pleasure of the President.
• The Governor may resign by writing to the President.
• Generally, a Governor holds office for a term of five years, but continues to hold office until a successor enters upon the office.

Article 18: Abolition of Titles

• The State cannot confer any title except military or academic distinctions.
• No Indian citizen shall accept any title from a foreign State.
• No non-citizen holding office of profit or trust under the State shall accept any title from any foreign State without the President's consent.
• No person holding any office of profit or trust under the State shall accept any present, emolument, or office from or under any foreign State without the President's consent.

Article 123: Power of President to Promulgate Ordinances During Recess of Parliament

• The President may promulgate Ordinances if satisfied that circumstances require immediate action, except when both Houses of Parliament are in session.
• An Ordinance has the same force as an Act of Parliament.
• Ordinances must be laid before both Houses of Parliament which will cease to operate six weeks after reassembly, if resolutions disapproving occur, or the resolution is passed.
• The President may withdraw ordinances at any time.
• The period of six weeks is reckoned from the later reassembly date if Houses are summoned on different dates.
• If an Ordinance makes any provision which Parliament would not be competent to enact, it is void.

Article 109: Special Procedure in Respect of Money Bills

• A Money Bill cannot be introduced in the Council of States.
• After being passed by the House of the People, a Money Bill would be transmitted to the Council of States which has fourteen days to return the Bill to the House of the People.
• The House of the People can either accept or reject the Council of States recommendations.
• The Money Bill is deemed to have been passed by both houses if the House of the People accepts any Council of States recommendations.
• The Money Bill is deemed to have been passed by both houses once it was passed by the House of the People, even if the House of the People does not accept any recommendations from the Council of States.
• If the House of the People has already passed a Money Bill and made recommendations to the Council of States, the Money Bill is deemed to have been passed by both Houses because it was not returned to the House of the People.

Article 59: Conditions of President's Office

• The President cannot be a member of either House of Parliament or of a House of the Legislature of any State.
• If an MP or MLA is elected President, they must vacate their seat.
• The President cannot hold any other office of profit.
• The President can use official residences without payment of rent.
• The President is entitled to emoluments, allowances, and privileges as Parliament determines or as specified in the Second Schedule.
• The emoluments and allowances of the President cannot be diminished during their term.

Article 355: Duty of the Union to Protect States against External Aggression and Internal Disturbance

• The Union must protect every State against external aggression and internal disturbance.
• The Government of every State must carry on in accordance with the provisions of the Constitution.

Article 280: Finance Commission

• The President constitutes a Finance Commission within two years from the Constitution's commencement and every five years thereafter.
• The Commission consists of a Chairman and four other members appointed by the President.
• Parliament determines the qualifications and selection manner for Commission members.
• The Commission recommends to the President about:
  • The distribution between the Union and States of net proceeds of taxes
  • The principles governing grants-in-aid to States from the Consolidated Fund of India
  • Measures to augment a State's Consolidated Fund to supplement Panchayat resources
  • Measures to augment a State's Consolidated Fund to supplement Municipality resources
  • Other matters referred by the President in interests of sound finance
• The Commission determines their procedure and has such powers for their functions as Parliament confers by law.

Article 191: Disqualifications for Membership of a State Legislature

• A person is disqualified from being a member of a State's Legislative Assembly or Council if they:
  • Hold an office of profit under the Government of India or a State, unless the State Legislature declares it not to disqualify.
  • Are of unsound mind and declared so by a competent court.
  • Are an undischarged insolvent.
  • Are not a citizen of India, have acquired foreign citizenship, or acknowledge allegiance to a foreign state.
  • Are disqualified by or under any law made by Parliament.
• A Minister for the Union or a State is not deemed to hold an office of profit alone.
• A person is disqualified if they are so under the Tenth Schedule.

Article 39: Certain Principles of Policy To Be Followed by the State

• The State directs its policy towards securing:
  • Men and women equally have the right to an adequate means of livelihood;
  • The ownership and control of the material resources of the community are distributed to best subserve the common good;
  • The operation of the economic system does not concentrate wealth and production means to the common detriment;
  • There is equal pay for equal work for both men and women;
  • The health and strength of workers, and the tender age of children are not abused, and that citizens are not forced to enter unsuited avocations;
  • Children are given opportunities and facilities in a healthy manner and that childhood and youth are protected against exploitation and abandonment.

Article 30: Right of Minorities to Establish and Administer Educational Institutions

• All minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
• State ensures that the amount fixed for compulsory acquisition of property of a educational institution established by a minority does not restrict the minority's right.
• The State shall not discriminate against educational institutions on the ground that their management is of a minority in the action of granting aid.

Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion

• Subject to public order, morality, and health, all persons can freely profess, practice, and propagate religion.
• This article does not affect existing laws or prevent the State from making laws:
  • Regulating or restricting economic, financial, political, or secular activity associated with religious practice.
  • Providing for social welfare and reform or opening Hindu religious institutions to all classes and sections of Hindus.
• The wearing and carrying of kirpans is included in the Sikh religion.
• References to Hindus includes Sikhs, Jainas, or Buddhists, and to Hindu religious institutions shall be construed accordingly.

Article 243ZE: Committee for Metropolitan Planning

• A Metropolitan Planning Committee is constituted in every metropolitan area to create a draft development plan for the area as a whole.
• The State Legislature provides via law the specifics with respect to:
  • Composition of the Committees
  • The process with which seats are filled
  • The representation of the Government
  • The relating functions
  • The manners with which Committee Chairpersons are chosen

Article 41: Right to Work, to Education and to Public Assistance in Certain Cases

• Within its economic capacity and development, the State makes effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, disablement, and cases of undeserved want.

Article 87: Special Address by the President

• The President addresses both Houses of Parliament at the commencement of the first session after each general election to the House of the People and at the first session of each year, informing Parliament of the causes of its summons.
• Rules regulating procedure of either Houses shall have allotment of time to matters discussed in the special address.

Article 43: Living Wage, etc., for Workers

• The State endeavors to secure living wage, work conditions that ensure a decent standard of life, and social and cultural opportunities to workers via different methods.
• The State endeavours to promote cottage industries.

Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

• The Supreme Court can pass or make necessary orders to doing complete justice in any matter before it.
• The decrees and orders are enforceable throughout India as prescribed by Parliament law, or by President prescription until such law exists.
• Subject to any law by Parliament, the Supreme Court has the power to make any order for securing attendance of any person, discovery or production of any documents, or the investigation or punishment of any contempt itself.

Article 79: Constitution of Parliament

• There is a Parliament for the Union consisting of the President and two Houses which is the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

Article 129: Supreme Court to be a court of record

• The Supreme Court is a court of record and has all the powers of such a court including the power to punish for contempt of itself.

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health

• The State regards the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties
• The State endeavours to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Article 155: Appointment of Governor

• The President shall appoint the Governor of a State by warrant under their hand and seal.

Article 21: Protection of life and personal liberty

• No person shall be deprived of their life or personal liberty except by the procedure established by law.

Article 220: Restriction on practice after being a permanent Judge

• Those who were permanent judges of a High Court after the Constitution's commencement cannot plead or act in any court or before any authority in India, except the Supreme Court and other High Courts
• "High Court" excludes a High Court for a State specified in Part B of the First Schedule as it existed before the Constitution (Seventh Amendment) Act, 1956.

Article 93: The Speaker and Deputy Speaker of the House of the People

• The House of the People chooses two members to be the Speaker and Deputy Speaker
• Whenever the Speaker or Deputy Speaker's office becomes vacant, the House chooses another member.

Article 54: Election of President

• The President is to be elected by the members of an electoral college:
  • The elected members of both Houses of Parliament
  • The elected members of the Legislative Assembly of the States
• "State" includes the National Capital Territory of Delhi and the Union territory of Puducherry, in this article and in article 55.

Article 300A: Persons not to be deprived of property save by authority of law

• No person is able to be deprived of their property except via authority of law.

Article 51: Promotion of international peace and security

• The State shall endeavor to:
  • Promote international peace and security;
  • Maintain just and honorable relations between nations;
• Foster respect for international law and treaty obligations in dealings of organized peoples with one another; and
• Encourage settlement of international disputes by arbitration.

Article 85: Sessions of Parliament, Prorogation and Dissolution

• The President summons each House of Parliament to meet, but six months cannot intervene between last sitting during one session and first sitting of the next.
• The President may:
  • Prorogue the Houses or either House.
  • Dissolve the House of the People.

Fundamental Duties

• It is the duty of every citizen of India:
  • To abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem
  • To cherish and follow the noble ideals which inspired the national struggle for freedom
  • To uphold and protect the sovereignty, unity, and integrity of India
  • To defend the country and render national service when called upon to do so
  • To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women
  • To value and preserve the rich heritage of our composite culture
  • To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures
  • To develop the scientific temper, humanism, and the spirit of inquiry and reform
  • To safeguard public property and to abjure violence
  • To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement
  • For parent/guardian is to provide opportunities for education to his child btw 6-14 yrs

Article 38: State to secure a social order for the promotion of welfare of the people

• The State strives to promote the welfare of the people by securing and protecting a social order that informs all institutions of national life.
• The State strives to minimize income inequalities, and works to eliminate inequalities in status, facilities, and opportunities among groups of people.

Article 143: Power of President to consult Supreme Court

• If it appears to the President that a significant question of law or fact has arisen, he may refer it to the Supreme Court for consideration.
• The Court may report its opinion to the President.
• The President can refer disputes to the Supreme Court for opinion, even if otherwise restricted by article 131.
• The Court shall report to the President its opinion.

Article 169: Abolition or creation of Legislative Councils in States

• Parliament may by law provide for the abolition or creation of a Legislative Council in a State if the Legislative Assembly passes a resolution to that effect.
  • This needs a majority of the total membership, and two-thirds of the members present and voting.
• The law must contain provisions for constitutional amendments.
• Any law must contain supplemental, incidental, and consequential provisions as Parliament has deemed necessary.
• The law can be not be an amendment of the Constitution under Article 368.

Article 77: Conduct of business of the Government of India

• All executive action of the Government of India is expressed to be taken in the President's name.
• Orders made in the President's name shall be authenticated as specified in rules made by the President.
• The validity of authenticated orders cannot be questioned because they were not executed by the President.
• The President makes rules for the transaction of government business and the allocation among Ministers.

Article 128: Attendance of retired Judges at sittings of the Supreme Court

• The Chief Justice of India may request a retired judge of the Supreme Court or any High Court who is qualified to be a Supreme Court Judge.
• This may occur with the President's previous consent.
• The retired judge then sits and acts as a Supreme Court Judge, entitling them to allowances by order of the President