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Important Articles in Indian Constitution – Indian Polity Notes

The Indian Constitution, the world's longest, provides a comprehensive framework for guiding and governing the country while taking into account its social, cultural, and religious diversity. The Constitution of India is the longest written constitution of any sovereign nation in the world, and it is a unique document with many extraordinary features.

The original text of the Constitution included 395 articles divided into 22 sections and eight schedules. It went into effect on January 26, 1950, the day India celebrates as Republic Day each year. The number of articles has since risen to 448 which is divided into 25 parts, 12 schedules, 5 appendices, and 105 amendments.

In this article, we will discuss some important articles in the Indian constitution.

Important Articles

Important Articles in Indian Constitution

Part I – The Union and its Territory (Article 1 to 4)
Article 3 Formation of new States and alteration of areas, boundaries, or names of existing States Context -The Jammu and Kashmir Reorganisation Act, 2019 reorganizes the state of Jammu and Kashmir into (i) the Union Territory of Jammu and Kashmir with a legislature, and (ii) the Union Territory of Ladakh without a legislature.
Part II – Citizenship (Article 5 to 11)
Article 8 Rights of citizenship of certain persons of Indian origin residing outside India.
Article 10 Continuance of the rights of citizenship.
Article 11 Parliament to regulate the right of citizenship by law. Context – The Citizenship Amendment Act 2019, amends the Citizenship Act, 1955, and seeks to make foreign illegal migrants of certain religious communities coming from Afghanistan, Bangladesh, and Pakistan eligible for Indian citizenship. The National Register of Citizens (NRC) is a register containing names of all genuine Indian citizens. At present, only Assam has such a register.
Part III – Fundamental Rights (Article 12 to 35)
Article 14 Equality before law Context -The Muslim Women (Protection of Rights on Marriage) Act 2019makes a declaration of talaq a cognizable offense, attracting up to three years imprisonment with a fine. the triple Talaqwas considered as the violative of Article 14.
Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Article 16 Equality of opportunity in matters of public employment. Context – The Constitution (103rd Amendment) Act, 2019, provides for 10% reservation for the economically weaker sections(EWS)in higher educational institutions and jobs within the general category. It inserted articles 15 (6) and 16 (6) in the constitution.
Article 19 Freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession. Context -The Supreme Court has declared access to the internet fundamental rights under Article 19 (1)(a) of the Constitution.
Article 20 Protection in respect of conviction for offenses.
Article 32 Right to constitutional remedies.
Part IV – Directive Principles of State Policy (Article 36 to 51)
Article 39 Certain principles of policy to be followed by the State. Context -The Supreme Court-appointed justice Amitava Roy (retd.) Committee has given recommendations to reform prisons. Article 39-A of the Constitution directs the State to ensure that the operation of the legal system promotes justice on a basis of equal opportunity and shall, in particular, provide free legal aid by suitable legislation or schemes or in any other way.
Article 41 Right to work, to education, and to public assistance in certain cases.
Article 43 A living wage, etc. for workers. Context -Recently the government has enacted the wage Code Act to ensure minimum wage to the workers.
Article 44 Uniform civil code for the citizens
Part IV A – Fundamental Duties
Article 51A There are 11 fundamental duties.42nd amendment act 1976added 10 fundamental duties. 86th amendment act 2002 added one more to the list.
Part V – Union Executive & Parliament (Article 52 to 151)
Article 72 Power of the President to grant pardons etc., and to suspend, remit or commute sentences in certain cases.
Article 80 Composition of the Council of States.
Article 82 Readjustment after each census.
Article 102 Disqualifications for membership.
Article 123

Power of the President to promulgate Ordinances during recess of Parliament. Context -Ordinances promulgated –

  •  Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020
  • Ordinance to Protect Health Workers
  • Government Re-Promulgates Triple Talaq Ordinance
Article 124 Establishment and constitution of the Supreme Court.
Article 129 Supreme Court to be a court of record. The Supreme Court has the power to punish for contempt of itself.
Article 131 Original jurisdiction of the Supreme Court
Article 136 Special leave to appeal by the Supreme Court
Article 137 Review of judgments or orders by the Supreme Court. Context -Nirbhaya case convicts filed Curative petitions in the Supreme Court after mercy petition and review petition which has been rejected. The Supreme Court has agreed to review its Sabarimala verdict. Under Article 137 of the Constitution, the Supreme Court has the power to review any of its judgments or orders.
Article 141 Law declared by the Supreme Court to be binding on all courts.
Article 142 Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.
Part VI – The States (Article 152 to 237)
Article 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
Article 162 The extent of executive power of State
Article 163 Council of Ministers to aid and advise Governor
Article 164 Other provisions as to Ministers
Article 169 Abolition or creation of Legislative Councils in States.
Article 174 Sessions of the State Legislature, prorogation, and dissolution.
Article 190 Vacation of seats
Article 214 High Courts for States
Article 223 Appointment of acting Chief Justice
Part VII – Repealed by 7th Amendment Act 1956
Part VIII – The Union Territories (Article 239 to 242)
Article 239A Creation of local Legislatures or Council of Ministers or both for certain Union territories.
Article 239AA Special provisions with respect to Delhi.
Article 240 Power of the President to make regulations for certain Union territories.
Part IX – The Panchayats (Article 243 to 243O)
Article 243A Gram Sabha
Article 243B Constitution of Panchayats
Article 243K Elections to the Panchayats
Part IXA – The Municipalities (Article 243 P to Article 243 ZG)
Article 243Y Finance Commission
Part X – Scheduled and Tribal Areas (Article 244)
Part XI – Centre-State Relations (Article 245 to Article 263)
Part XII – Finance, Properties, Contracts, and Suits (Article 264 to Article 300A)
Article 266 Consolidated Fund and Public Accounts Fund
Article 267 Contingency Fund of India
Article 280 Finance Commission
Article 300A Right to Property
Part XIII – Trade, Commerce, and Intercourse within Territories of India (Article 301 to 307)
Article 301 Freedom of trade, commerce, and intercourse
Article 302 Power of the parliament to impose restrictions on trade, commerce, and intercourse
Part XIV – Services under Centre and State (Article 308 to 323)
Article 312 All India Service
Article 315 Public Service Commissions for Union and states
Article 320 Functions of Public Service Commission
Part XIVA – Tribunals (Article 323A and 323B)
Article 323A Administrative Tribunals
Part XV – Elections (Article 324 to 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 XVI – Special Provisions to SC, ST, OBC, Minorities, etc (Article 330 to 342)
Article 338 National Commission for SC & ST
Article 340 Appointment of a commission to investigate the conditions of backward classes
Part XVII – Official Language (Article 343 to 351)
Article 343 The official language of the Union
Article 345 Official language or languages of the state
Article 348 Language to be used in Supreme Court & High Court
Article 351 Directive for development of Hindi language
Part XVIII – Emergency Provisions (Article 352 to 360)
Article 352 Proclamation of Emergency (National Emergency)
Article 356 State Emergency (President’s Rule)
Article 360 Financial Emergency
Part XIX – Miscellaneous (Article 361 to 367)
Article 361 Protection of President and Governors
Part XX – Amendment of Constitution (Article 368)
Article 368 Powers of Parliament to amend the constitution
Part XXI – Special, Transitional and Temporary Provisions (Article 369 to 392)
Article 370 Temporary provision for the erstwhile state of Jammu & Kashmir
Article 371A Special provision with respect to the state of Nagaland
Article 371J Special status for Hyderabad-Karnataka Region
Part XXII – Short text, Commencement, Authoritative Text in Hindi and Repeals (Article 392 to 395)
Article 393 Short Title – This constitution may be called the Constitution of India
Conclusion

Conclusion

Each set of articles covers key aspects of the Constitution, such as legislatures, executive schedules, parts of the Indian constitution, constitutional bodies, statutory bodies, fundamental rights, and more. Articles of the Indian Constitution are a vital part of Indian politics.

FAQs

FAQs

Question: Which article of the Indian Constitution deals with the fundamental rights?

Answer: Articles 12 to 35 of the Indian Constitution deal with Fundamental Rights. These articles guarantee various rights to the citizens of India, including the right to equality, right to freedom of speech and expression, right to life and personal liberty, and right against exploitation, among others. These rights are justiciable, meaning that individuals can approach the courts if their fundamental rights are violated.

Question: What is the significance of Article 370 in the Indian Constitution?

Answer: Article 370 grants special autonomy to the state of Jammu and Kashmir. It allows the state to have its own constitution and flag, with the Indian Parliament having limited jurisdiction in the state. This provision was introduced to acknowledge the unique political and historical circumstances of Jammu and Kashmir at the time of its accession to India in 1947. However, Article 370 was abrogated by the Government of India in August 2019, ending the special status of Jammu and Kashmir.

Question: Which article of the Indian Constitution is the basis for the power of judicial review?

Answer: Article 13 of the Indian Constitution forms the basis for the power of judicial review. It allows the judiciary to review laws passed by the legislature to ensure that they do not violate the Constitution, particularly the Fundamental Rights. If any law is found to be inconsistent with the Constitution, it can be declared void by the judiciary.

Question: What is the role of Article 51A in the Indian Constitution?

Answer: Article 51A outlines the Fundamental Duties of citizens of India. This article was added by the 42nd Amendment in 1976 and mandates that citizens should respect the Constitution, protect the sovereignty of India, cherish the ideals of the freedom struggle, promote harmony, and uphold the dignity of the nation, among other duties. It aims to remind citizens of their moral and civic responsibilities.

Question: What is the significance of Article 368 in the Indian Constitution?

Answer: Article 368 deals with the power of Parliament to amend the Constitution. It lays down the procedure for the amendment of the Constitution, which can be done either by a simple majority or by a special majority, depending on the type of amendment. This article ensures that the Constitution can be adapted to changing circumstances, while maintaining its core principles.

MCQs

1. Which article of the Indian Constitution guarantees the right to equality?

A) Article 14
B) Article 19
C) Article 21
D) Article 32

Answer: (A) See the Explanation

Explanation: Article 14 of the Indian Constitution guarantees the right to equality before the law and equal protection of the laws within the territory of India.

2. What does Article 19 of the Indian Constitution guarantee?

A) Right to education
B) Right to freedom of speech and expression
C) Right to life and personal liberty
D) Right to protection from discrimination

Answer: (B) See the Explanation

Explanation: Article 19 guarantees the right to freedom of speech and expression, which is an essential component of a democratic society. It also includes rights like freedom to assemble peacefully and without arms, freedom to form associations or unions, etc.

3. What is the role of Article 32 in the Indian Constitution?

A) Protection of life and personal liberty
B) Right to move the Supreme Court for the enforcement of Fundamental Rights
C) Protection of property rights
D) Right to freedom of religion

Answer: (B) See the Explanation

Explanation: Article 32 guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights. It is often referred to as the "Right to Constitutional Remedies," and allows individuals to approach the Court in case their fundamental rights are violated.

4. Which article of the Indian Constitution provides for the amendment procedure?

A) Article 368
B) Article 32
C) Article 12
D) Article 50

Answer: (A) See the Explanation

Explanation: Article 368 of the Indian Constitution provides the procedure for amending the Constitution. It allows Parliament to amend the Constitution, either through a simple or special majority, depending on the subject of the amendment.

5. Which article of the Indian Constitution deals with the protection of cultural and educational rights of minorities?

A) Article 30
B) Article 29
C) Article 28
D) Article 21

Answer: (A) See the Explanation

Explanation: Article 30 of the Indian Constitution deals with the protection of the rights of minorities to establish and administer educational institutions. It ensures that minorities can preserve their culture and language by providing them the right to establish schools or colleges of their choice.

GS Mains Questions and Model Answers

Q1: Explain the significance of Article 21 in the Indian Constitution and how it has evolved through judicial interpretation.

Answer: Article 21 of the Indian Constitution guarantees the protection of life and personal liberty. It has been one of the most crucial articles in safeguarding individual rights. Over the years, judicial interpretations have expanded the scope of this article, incorporating various fundamental rights, such as the right to privacy, right to education, and right to a clean environment. The Supreme Court has played a vital role in ensuring that this article is not only limited to physical liberty but also covers the broader aspects of personal dignity and well-being.

Q2: How has Article 32 of the Indian Constitution contributed to the protection of Fundamental Rights?

Answer: Article 32 provides a mechanism for the enforcement of Fundamental Rights by allowing individuals to approach the Supreme Court directly if their rights are violated. It has been described as the "heart and soul" of the Constitution, as it ensures that citizens have an accessible and effective remedy for the violation of their rights. The right to move the Supreme Court for enforcement of Fundamental Rights strengthens the judicial system and provides a check on the executive and legislature.

Q3: Discuss the importance of Article 370 and its abrogation in 2019 in the context of the Indian Constitution.

Answer: Article 370 of the Indian Constitution granted special autonomy to Jammu and Kashmir, allowing it to have its own constitution and limiting the power of the Indian Parliament in matters related to the state. The abrogation of Article 370 in August 2019 marked a historic change in the constitutional framework. The move was aimed at integrating Jammu and Kashmir fully with India, promoting national unity, and fostering development in the region. However, this decision has been a subject of debate regarding its legal and political implications.

Previous Year Questions on Important Articles in the Indian Constitution

1. UPSC CSE Prelims 2020:

Question: Which article of the Indian Constitution grants the right to move the Supreme Court for the enforcement of Fundamental Rights?

A) Article 12
B) Article 32
C) Article 14
D) Article 19

Answer: (B)

Explanation: Article 32 grants the right to move the Supreme Court for the enforcement of Fundamental Rights. It ensures that individuals can approach the Court if their rights are violated.

2. UPSC CSE Mains 2021 (GS Paper 2):

Question: "Critically analyze the role of judicial review in maintaining the supremacy of the Indian Constitution, with reference to Article 13."

Answer: Article 13 provides for judicial review by enabling the courts to declare laws void if they contravene the Constitution. This provision is a key tool for ensuring that laws passed by the legislature do not violate the Constitution’s fundamental principles. Judicial review strengthens the Constitution’s supremacy by keeping the actions of the government in check and protecting the Fundamental Rights of citizens.

*The article might have information for the previous academic years, please refer the official website of the exam.
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