This page provides a detailed breakdown of Articles 1 through 147 of the Indian Constitution, covering Parts I to V. This foundational section establishes the Union, its territories, citizenship, the fundamental rights of citizens, directive principles, and the complete structure of the Union Government.
📜 Part I: The Union and its Territory
| Article | Detailed Note |
|---|---|
| Art. 1: Name and territory of the Union. | This article declares India as a "Union of States," not a "Federation of States." This signifies that the Indian Union is indestructible and states have no right to secede. The territory is specified in the First Schedule. |
| Art. 2: Admission or establishment of new States. | This grants power to Parliament to add new states (that were not previously part of India) to the Union. For example, the admission of Sikkim (which was a protectorate) was facilitated using this article. |
| Art. 3: Formation of new States and alteration of areas... | This empowers Parliament to reorganize existing states internally (e.g., create Telangana from Andhra Pradesh). The Bill needs a President's prior recommendation and must be referred to the state legislature, but the state's views are not binding on Parliament. This makes India an "indestructible Union of destructible states." |
| Art. 4: Laws made under Articles 2 and 3. | This clarifies that laws for reorganization (Art. 2 & 3) are not considered Constitutional Amendments under Art. 368. They can be passed by a simple majority, which gives Parliament great flexibility in redrawing the political map of India. |
📜 Part II: Citizenship
| Article | Detailed Note |
|---|---|
| Art. 5: Citizenship at the commencement... | This provided citizenship to those domiciled in India on Jan 26, 1950. It was the primary basis for citizenship at the start of the Republic. |
| Art. 6: Rights of citizenship (migrated from Pakistan). | This was a provision to grant citizenship to those who migrated from Pakistan to India during Partition, generally setting a cut-off date of July 19, 1948. |
| Art. 7: Rights of citizenship (migrated to Pakistan but returned). | A special provision for those who left for Pakistan after March 1, 1947, but later returned to India under a permit for resettlement. |
| Art. 8: Rights of citizenship (persons of Indian origin...). | This allowed Persons of Indian Origin (whose parents/grandparents were born in undivided India) to register as Indian citizens, connecting the diaspora to the new Republic. |
| Art. 9: Persons voluntarily acquiring foreign citizenship. | This firmly establishes the principle of single citizenship. It states that any person who voluntarily acquires the citizenship of another country automatically loses their Indian citizenship. |
| Art. 10: Continuance of the rights of citizenship. | This links citizenship to law, stating that citizenship is not a permanent, unchangeable right but is subject to laws made by Parliament. |
| Art. 11: Parliament to regulate the right of citizenship. | This is the most crucial article in this Part. It gives exclusive power to Parliament to make all future laws regarding citizenship (acquisition and termination). This power was used to enact the Citizenship Act of 1955. |
📜 Part III: Fundamental Rights (FRs)
| Article | Detailed Note |
|---|---|
| Art. 12: Definition of "the State". | This article is the gateway to FRs. It defines "State" broadly to include not just the government and Parliament, but also "other authorities" like PSUs, LIC, etc., against whom citizens can claim their Fundamental Rights. |
| Art. 13: Laws inconsistent with or in derogation of the FRs. | This is the bedrock of Judicial Review. It declares any law (past or present) void if it violates FRs. This article empowers the judiciary (SC & HCs) to strike down unconstitutional laws. |
| Art. 14: Equality before law. | It provides two concepts: "Equality Before Law" (a negative concept from the UK, meaning no one is above the law) and "Equal Protection of Laws" (a positive concept from the USA, meaning equals should be treated equally). |
| Art. 15: Prohibition of discrimination. | It prohibits discrimination only on grounds of Religion, Race, Caste, Sex, or Place of Birth (RRCSP). It also allows the State to make "special provisions" (positive discrimination) for women, children, and socially/educationally backward classes. |
| Art. 16: Equality of opportunity in public employment. | Guarantees equal opportunity in public jobs for all citizens. It is the specific article that enables reservations in public employment for backward classes (SC/ST/OBC). |
| Art. 17: Abolition of Untouchability. | This is one of the few absolute rights in the Constitution. It abolishes untouchability in all its forms and makes it a punishable offense (enforced by the Protection of Civil Rights Act, 1955). |
| Art. 18: Abolition of titles. | This prohibits the State from conferring titles (like Raja, Nawab). It allows military and academic distinctions (like 'General', 'Dr.'). Awards like Bharat Ratna are not considered "titles" under this article. |
| Art. 19: Protection of six rights. | Guarantees six key freedoms (speech, assembly, association, movement, residence, profession). These are not absolute and can be restricted on "reasonable grounds" (like sovereignty, public order, morality). |
| Art. 20: Protection in respect of conviction for offences. | A crucial protection against arbitrary state power. It provides: (1) No ex-post-facto law (no retrospective criminal law), (2) No double jeopardy (no punishment for the same crime twice), (3) No self-incrimination. |
| Art. 21: Protection of life and personal liberty. | The "golden article." It states life/liberty can only be taken by "procedure established by law." The Supreme Court (in the Maneka Gandhi case) expanded this to mean "due process of law," reading many rights into it like the Right to Dignity, Privacy, Environment, etc. |
| Art. 21A: Right to education. | Added by the 86th Amendment (2002). It makes education a Fundamental Right for all children aged 6 to 14 years. This led to the enactment of the Right to Education (RTE) Act, 2009. |
| Art. 22: Protection against arrest and detention. | This article provides two sets of rights. First, for punitive detention (arrest after a crime). Second, it lays down rules for preventive detention (arrest to prevent a crime), which is a controversial feature. |
| Art. 23: Prohibition of human trafficking and forced labour. | This prohibits begar (forced labour without pay) and human trafficking. It's a right available against both the State and private individuals. |
| Art. 24: Prohibition of child labour. | This is an absolute prohibition on the employment of children below the age of 14 in hazardous factories, mines, or other occupations. |
| Art. 25: Freedom of conscience, profession, practice... | This is an individual's right to religion, including the right to propagate (spread) one's faith. It is subject to public order, morality, and health. |
| Art. 26: Freedom to manage religious affairs. | This is a collective right for religious denominations (e.g., Ramakrishna Mission) to manage their own religious affairs, own property, etc. |
| Art. 27: Freedom from payment of taxes for promotion of any religion. | The State cannot use public money (taxes) to promote any one religion. However, it can charge a fee (e.g., for Hajj pilgrimage management) to regulate religious activities or provide services. |
| Art. 28: Freedom from attending religious instruction. | No religious instruction can be provided in institutions wholly funded by the State. In state-aided institutions, attendance is voluntary. |
| Art. 29: Protection of interests of minorities. | Protects any section of citizens with a "distinct language, script or culture." This right is not limited to just religious minorities. |
| Art. 30: Right of minorities to establish and administer... | This article explicitly grants religious and linguistic minorities the right to establish and run their own educational institutions, free from excessive state interference. |
| Art. 31: Right to Property (Repealed). | This was a Fundamental Right but was repealed by the 44th Amendment, 1978, to clear the path for land reforms. It was re-enacted as Art. 300A, making it only a legal/constitutional right, not a fundamental one. |
| Art. 31A: Saving of laws for acquisition of estates. | This (along with 31B, 31C) was added to protect land reform laws from being challenged as violations of FRs (especially Art. 14 and 19). |
| Art. 31B: Validation of certain Acts (9th Schedule). | This created the 9th Schedule. Any law placed in it was originally immune from judicial review. However, the SC (in I.R. Coelho case) ruled that laws added after April 24, 1973 (date of Kesavananda Bharati judgment) can be reviewed if they violate the Basic Structure. |
| Art. 31C: Saving of laws giving effect to certain DPSPs. | This article establishes the supremacy of some DPSPs (Art. 39b & 39c) over FRs (Art. 14 & 19). It was a major point of conflict between the judiciary and Parliament. |
| Art. 32: Remedies for enforcement of FRs... | Called the "Heart and Soul" of the Constitution by Dr. Ambedkar. It gives a citizen the right to move the Supreme Court directly if their FRs are violated. The SC can issue 5 writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. |
| Art. 33: Power of Parliament to modify FRs for Armed Forces. | Allows Parliament to restrict or abrogate FRs for members of the armed forces, police, or intelligence agencies to ensure discipline and discharge of duties. |
| Art. 34: Restriction on FRs while martial law is in force. | Provides for restrictions on FRs when martial law (military rule) is in force in any area. |
| Art. 35: Legislation to give effect to... this Part. | This gives Parliament (and not state legislatures) the exclusive power to make laws to give effect to certain FRs, like prescribing punishments for Art. 17 (Untouchability). |
📜 Part IV: Directive Principles of State Policy (DPSP)
| Article | Detailed Note |
|---|---|
| Art. 36: Definition. | Defines "State" in the same way as Art. 12, meaning these directives are aimed at all levels of government. |
| Art. 37: Application of the principles. | This is the key article. It states that DPSPs are non-justiciable (not enforceable in court) but are "fundamental in the governance of the country," making it the duty of the State to apply them in making laws. |
| Art. 38: State to secure a social order for welfare. | This DPSP aims to establish a welfare state by promoting social, economic, and political justice. |
| Art. 39: Certain principles of policy. | A major socialist article. Key goals include (a) adequate livelihood, (b) equitable distribution of resources, (c) prevention of concentration of wealth, and (d) equal pay for equal work for men and women. |
| Art. 39A: Equal justice and free legal aid. | Added by the 42nd Amendment, this aims to ensure the poor are not denied justice due to economic reasons. (Led to the Legal Services Authorities Act, 1987). |
| Art. 40: Organisation of village panchayats. | A Gandhian principle that directs the state to organize village panchayats as units of self-government. This article provided the foundation for the 73rd Constitutional Amendment, 1992. |
| Art. 41: Right to work, to education, and to public assistance. | Directs the state to provide assistance in cases of unemployment, old age, sickness, etc. (MGNREGA and social security pensions are based on this). |
| Art. 42: Provision for just and humane conditions of work... | This is the basis for most of India's labour laws, including the Maternity Benefit Act. |
| Art. 43: Living wage, etc., for workers. | Aims for a "living wage" (which is more than a "minimum wage") to ensure a decent standard of life for all workers. |
| Art. 43A: Participation of workers in management... | Added by the 42nd Amendment, a socialist principle to promote industrial democracy. |
| Art. 43B: Promotion of co-operative societies. | Added by the 97th Amendment (2011), this directs the state to promote the voluntary formation and autonomous functioning of co-operative societies. |
| Art. 44: Uniform Civil Code (UCC). | A Liberal-Intellectual principle that directs the state to secure a UCC for all citizens, covering personal laws (marriage, divorce, inheritance). It is one of the most debated DPSPs. |
| Art. 45: Provision for early childhood care... (below 6 years). | The 86th Amendment changed this article. It now directs the state to provide early childhood care and education for all children until they complete the age of six years. |
| Art. 46: Promotion of interests of SC, ST, and weaker sections. | Directs the state to protect the educational and economic interests of weaker sections and safeguard them from social injustice. |
| Art. 47: Duty to raise nutrition, standard of living... | This DPSP includes the directive to prohibit intoxicating drinks and drugs. It forms the basis for state-level alcohol prohibition laws. |
| Art. 48: Organisation of agriculture and animal husbandry. | Directs the state to organize agriculture on modern lines and also to prohibit the slaughter of cows, calves, and other milch and draught cattle. |
| Art. 48A: Protection of environment, forests, and wild life. | Added by the 42nd Amendment (during the Stockholm Conference era), this directs the state to protect and improve the environment. |
| Art. 49: Protection of monuments... | A liberal principle to protect India's cultural heritage. |
| Art. 50: Separation of judiciary from executive. | A key liberal-intellectual principle to ensure judicial independence. This has been largely achieved by separating judicial magistrates from executive magistrates. |
| Art. 51: Promotion of international peace and security. | This DPSP forms the basis of India's foreign policy (e.g., Panchsheel, non-alignment, respect for international law). |
📜 Part IVA: Fundamental Duties
| Article | Detailed Note |
|---|---|
| Art. 51A: Fundamental Duties. | Added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee. They are non-justiciable (not enforceable in court). There were originally 10 duties; the 11th (to provide education opportunities for one's child, 6-14 years) was added by the 86th Amendment (2002). |
📜 Part V: The Union
Chapter I: The Executive
| Article | Detailed Note |
|---|---|
| Art. 52: The President of India. | States: "There shall be a President of India." The President is the nominal/titular head of the executive and the Head of State. |
| Art. 53: Executive power of the Union. | Vests all executive power in the President, to be exercised either directly or through officers subordinate to him. "Officers subordinate" refers to the Council of Ministers (CoM). |
| Art. 54: Election of President. | Defines the Electoral College. It consists of Elected MPs (Lok Sabha + Rajya Sabha) and Elected MLAs of all states (plus Delhi and Puducherry). Nominated members do not participate. |
| Art. 55: Manner of election of President. | The election is held by Proportional Representation using the Single Transferable Vote (STV) and secret ballot to ensure the President represents the entire nation. |
| Art. 56: Term of office of President. | (5 years). |
| Art. 57: Eligibility for re-election. | (President is eligible any number of times). |
| Art. 58: Qualifications for election as President. | (Citizen, 35+ years, qualified to be Lok Sabha member). |
| Art. 59: Conditions of President's office. | (Cannot be MP/MLA, no office of profit). |
| Art. 60: Oath or affirmation by the President. | The President takes an oath to "preserve, protect and defend the Constitution." The oath is administered by the Chief Justice of India (CJI). |
| Art. 61: Procedure for Impeachment of the President. | A very difficult, quasi-judicial process. A charge can be initiated in either House. It requires a 1/4th member's signature to start and must be passed by a 2/3rd majority of the total membership of both Houses. |
| Art. 62: Time of holding election to fill vacancy. | (Must be held within 6 months). |
| Art. 63: The Vice-President of India. | "There shall be a Vice-President of India." |
| Art. 64: The Vice-President to be ex-officio Chairman... | This is the VP's primary function. The VP draws salary as the Chairman of RS, not as VP. |
| Art. 65: VP to act as President. | (Acts as President during vacancy, for max 6 months). |
| Art. 66: Election of Vice-President. | The Electoral College consists of all MPs (Elected + Nominated) of both Houses. MLAs do not participate. |
| Art. 67: Term of office of Vice-President. | (5 years). |
| Art. 68: Time of holding election for VP. | ... |
| Art. 69: Oath or affirmation by the Vice-President. | (Administered by the President). |
| Art. 70: Discharge of President's functions... | ... |
| Art. 71: Matters relating to the election of President or VP. | All disputes regarding the election of the President or VP are settled exclusively by the Supreme Court. |
| Art. 72: Power of President to grant pardons, etc. | This is the President's judicial power. It includes Pardon, Commutation, Remission, Respite, and Reprieve. It is the only authority that can pardon a death sentence. |
| Art. 73: Extent of executive power of the Union. | ... |
| Art. 74: Council of Ministers (CoM) to aid and advise... | "There shall be a CoM with the PM at the head..." The advice of the CoM is binding on the President (firmed up by the 42nd & 44th Amendments). The President can only send the advice back for reconsideration once. |
| Art. 75: Other provisions as to Ministers. | The PM is appointed by the President. A Minister can be a non-MP for 6 months. Clause (3) is the bedrock of parliamentary democracy: The CoM is collectively responsible to the Lok Sabha. |
| Art. 76: Attorney-General for India. | The highest law officer of the GOI. Appointed by the President. Has the right to speak in Parliament but no right to vote. |
| Art. 77: Conduct of business of the GOI. | (All executive actions in the name of the President). |
| Art. 78: Duties of Prime Minister. | Defines the PM as the official channel of communication between the President and the CoM. |
Chapter II: Parliament
| Article | Detailed Note |
|---|---|
| Art. 79: Constitution of Parliament. | Parliament consists of three parts: The President + The Lok Sabha (House of the People) + The Rajya Sabha (Council of States). The President is an integral part of Parliament. |
| Art. 80: Composition of the Rajya Sabha. | (Max 250: 238 elected, 12 nominated). |
| Art. 81: Composition of the Lok Sabha. | (Max 550: 530 states, 20 UTs). |
| Art. 82: Readjustment after each census. | (Delimitation). |
| Art. 83: Duration of Houses of Parliament. | (LS-5 yrs, RS-permanent body). |
| Art. 84: Qualification for membership... | (RS: 30 yrs, LS: 25 yrs). |
| Art. 85: Sessions of Parliament, prorogation... | The President summons sessions. The maximum gap between two sessions cannot be more than six months. |
| Art. 86: Right of President to address... | ... |
| Art. 87: Special address by the President. | (At the start of the 1st session post-election and 1st session of each year). |
| Art. 88: Rights of Ministers and Attorney-General. | (Can speak in either House, but vote only where they are members). |
| Art. 89: The Chairman and Deputy Chairman of the RS. | (VP is ex-officio Chairman). |
| Art. 93: The Speaker and Deputy Speaker of the LS. | (Elected by LS members). |
| Art. 99: Oath or affirmation by members. | (Administered by the President or a person appointed, usually the Pro-tem Speaker). |
| Art. 100: Voting in Houses, and quorum. | The Quorum (minimum number of members needed to conduct business) is 1/10th of the total strength of the House. |
| Art. 101: Vacation of seats. | (e.g., dual membership, 60-day absence). |
| Art. 102: Disqualifications for membership. | (Office of profit, unsound mind, etc., and disqualification under the 10th Schedule - Defection). |
| Art. 103: Decision on questions as to disqualifications. | The President decides on disqualifications (in Art 102), based on the Election Commission's opinion. (Defection cases under the 10th Schedule are decided by the Speaker/Chairman). |
| Art. 105: Powers, privileges, etc., of Parliament... | Grants MPs freedom of speech within Parliament and immunity from legal action for anything said or any vote cast in the House. |
| Art. 107: Provisions as to introduction and passing of Bills. | (Rules for Ordinary Bills). |
| Art. 108: Joint sitting of both Houses. | Called by the President to resolve a deadlock on an Ordinary Bill. It is presided over by the Lok Sabha Speaker. It cannot be used for Money Bills or Constitution Amendment Bills. |
| Art. 109: Special procedure in respect of Money Bills. | Can only be introduced in the Lok Sabha, with the President's prior recommendation. The Rajya Sabha can only delay it for 14 days; its recommendations are not binding. |
| Art. 110: Definition of "Money Bills". | A Bill dealing *only* with matters like taxation, borrowing, or the Consolidated Fund. The Lok Sabha Speaker's decision is final on whether a Bill is a Money Bill. |
| Art. 111: Assent to Bills. | This is the President's Veto Power. The President can: (1) Give assent, (2) Withhold assent (Absolute Veto), or (3) Return for reconsideration (Suspensive Veto). The (4) Pocket Veto (no action) is also an option. |
| Art. 112: Annual Financial Statement (Budget). | This is the "Budget." It is laid before Parliament on the President's recommendation. It distinguishes between expenditure "charged" (non-votable) and "made" (votable). |
| Art. 114: Appropriation Bills. | This Bill is a constitutional necessity. No money can be withdrawn from the Consolidated Fund of India except under appropriation made by this law. It is passed *after* the demands for grants are voted. |
| Art. 116: Votes on account, votes of credit... | A "Vote on Account" is passed to allow the government to cover its expenses for a short period (e.g., 2 months) until the full Budget is passed. |
| Art. 117: Special provisions as to Financial Bills. | (Bills that have financial implications but are not Money Bills). |
| Art. 120: Language to be used in Parliament. | (Hindi or English). |
| Art. 121: Restriction on discussion in Parliament. | (No discussion on the conduct of SC/HC judges). |
| Art. 122: Courts not to inquire into proceedings... | Provides for judicial "hands-off." The validity of parliamentary proceedings (e.g., procedural irregularities) cannot be questioned in court, ensuring the separation of powers. |
Chapter III: Legislative Powers of the President
| Article | Detailed Note |
|---|---|
| Art. 123: Power of President to promulgate Ordinances. | This is a crucial legislative power. The President can issue a law (Ordinance) when Parliament is not in session. It has the same force as an Act but is temporary. It must be approved by Parliament within 6 weeks of its re-assembly, or it will lapse. |
Chapter IV: The Union Judiciary
| Article | Detailed Note |
|---|---|
| Art. 124: Establishment and constitution of Supreme Court. | Provides for the establishment of the SC, the appointment of judges (the "Collegium System" evolved from interpretations of this), and their removal by the President after a complex process of impeachment in Parliament. |
| Art. 129: Supreme Court to be a court of record. | This means two things: (1) Its judgments are recorded as legal precedent, and (2) It has the power to punish for its own contempt. |
| Art. 131: Original jurisdiction of the Supreme Court. | This is the SC's exclusive power to hear federal disputes for the first time: (1) Centre vs. State(s), (2) Centre + State(s) vs. other State(s), (3) State vs. State. |
| Art. 136: Special Leave to Appeal (SLP). | This is an extraordinary, discretionary power of the SC. It can grant leave to appeal from any judgment in any case from any court or tribunal. It is a "residual" power. |
| Art. 137: Review of judgments or orders by the SC. | The SC has the power to review its own judgments to correct any errors. This is the basis for a "Review Petition" and, more recently, a "Curative Petition." |
| Art. 141: Law declared by Supreme Court binding on all courts. | This is the article that makes the SC's judgments the "law of the land" (doctrine of stare decisis or precedent). All other courts in India are bound by it. |
| Art. 142: Enforcement of decrees... and power to do "complete justice". | A unique and powerful article. It allows the SC to pass any order necessary to do "complete justice" in a case, even if it means overriding existing laws. It has been used in cases like the Ayodhya verdict and the Bhopal Gas Tragedy. |
| Art. 143: Power of President to consult Supreme Court. | This is the Advisory Jurisdiction (or "Presidential Reference"). The President can seek the SC's opinion on a question of law or fact. This opinion is not binding on the President. |
| Art. 144: Civil and judicial authorities to act in aid of the SC. | Mandates all authorities to support and enforce SC decisions. |
| Art. 145: Rules of Court. | Grants the SC power to make its own procedural rules (e.g., for Constitution Benches, which must have at least 5 judges). |
| Art. 146: Officers, servants, and expenses of the SC. | Ensures judicial independence by giving the SC control over its staff. Its administrative expenses are charged upon the Consolidated Fund of India (meaning they are not subject to Parliament's vote). |
| Art. 147: Interpretation. | A technical article clarifying how to interpret constitutional references to older laws like the Government of India Act, 1935. |