25 Parts of the Indian Constitution
25 Parts of the Indian Constitution
The Constitution of India originally consisted of 22 Parts at the time of commencement in 1950. Over time, through amendments, it has expanded to 25 Parts (as of now), each dealing with different aspects of governance, rights, institutions, and procedures.
Part I: The Union and Its Territory
Articles 1 to 4
Defines India as a Union of States.
Specifies the territorial extent of India.
Covers formation of new states and alteration of boundaries.
Case law:
State of West Bengal v. Union of India (1963): Affirmed Parliament’s power to create new states under Article 3.
Part II: Citizenship
Articles 5 to 11
Deals with citizenship at the commencement of the Constitution.
Covers acquisition and termination of Indian citizenship.
Part III: Fundamental Rights
Articles 12 to 35
Guarantees fundamental rights such as equality, freedom of speech, religion, life and liberty.
Most litigated and important part.
Important Case laws:
Kesavananda Bharati v. State of Kerala (1973): Fundamental rights are part of the basic structure.
Maneka Gandhi v. Union of India (1978): Expanded the right to life and personal liberty (Article 21).
Golak Nath v. State of Punjab (1967): Held that Parliament cannot amend fundamental rights (later overruled).
Part IV: Directive Principles of State Policy
Articles 36 to 51
Guidelines for the state to establish social and economic democracy.
Non-justiciable but fundamental for governance.
Case law:
Kesavananda Bharati (1973): Recognized Directive Principles as part of basic structure.
Minerva Mills v. Union of India (1980): Balanced Fundamental Rights and Directive Principles.
Part IVA: Fundamental Duties
Article 51A
Added by the 42nd Amendment (1976).
Lists duties expected of citizens (e.g., respecting the Constitution, promoting harmony).
Part V: The Union
Articles 52 to 151
Covers the executive (President, Vice-President, Prime Minister), Parliament, Union judiciary.
Divided into chapters dealing with President, Vice-President, Council of Ministers, Parliament, etc.
Case law:
Shamsher Singh v. State of Punjab (1974): President’s powers can be reviewed.
SR Bommai v. Union of India (1994): Limits on President’s Rule under Article 356.
Part VI: The States
Articles 152 to 237
Similar to Part V but dealing with state executive, legislature, judiciary.
Case law:
L. Chandra Kumar v. Union of India (1997): State judiciary independence.
Kesavananda Bharati also impacts state laws.
Part VII: States in the B part of the First Schedule
Repealed after reorganization of states.
Part VIII: The Union Territories
Articles 239 to 242
Administration of Union Territories by the President.
Part IX: The Panchayats
Articles 243 to 243O
Added by the 73rd Amendment (1992).
Provides for rural local self-government (Panchayati Raj).
Decentralization of power to villages.
Case law:
Samatha v. State of Andhra Pradesh (1997): Limits on tribal land alienation by Panchayats.
K.C. Gopalakrishnan v. State of Tamil Nadu (2011): Reservation in Panchayats.
Part IXA: The Municipalities
Articles 243P to 243ZG
Added by the 74th Amendment (1992).
Provides for urban local self-government (Municipalities).
Part X: The Scheduled and Tribal Areas
Articles 244 to 244A
Administration and control of tribal areas.
Provides for special provisions for tribal welfare.
Part XI: Relations Between the Union and the States
Articles 245 to 263
Distribution of legislative powers (Union List, State List, Concurrent List).
Inter-state councils.
Case law:
S.R. Bommai v. Union of India (1994): Federal balance.
State of Rajasthan v. Union of India (1977): Power to impose President’s Rule.
Part XII: Finance, Property, Contracts, and Suits
Articles 264 to 300A
Distribution of revenues between Union and States.
Borrowing powers, property rights.
Part XIII: Trade, Commerce and Intercourse within the Territory of India
Articles 301 to 307
Freedom of trade and commerce subject to reasonable restrictions.
Case law:
Spirit Drinks v. Union of India (1954): Reasonable restrictions permitted.
M.C. Chockalingam v. State of Tamil Nadu (1991): Inter-state trade.
Part XIV: Services Under the Union and the States
Articles 308 to 323
Public services, appointment, removal, disciplinary actions.
Case law:
Union of India v. Tulsiram Patel (1985): Protection of civil servants.
D.C. Wadhwa v. State of Bihar (1987): Appointment procedures.
Part XIVA: Tribunals
Articles 323A to 323B
Establishment of administrative and tribunals for dispute resolution.
Part XV: Elections
Articles 324 to 329
Conduct of elections to Parliament, State Legislatures, offices of President and Vice-President.
Role of Election Commission.
Case law:
Kihoto Hollohan v. Zachillhu (1992): Anti-defection law.
Association for Democratic Reforms v. Union of India (2002): Disclosure of candidate information.
Part XVI: Special Provisions Relating to Certain Classes
Articles 330 to 342
Reservations for Scheduled Castes, Scheduled Tribes, Anglo-Indians.
Welfare of backward classes.
Part XVII: Official Language
Articles 343 to 351
Hindi as the official language of the Union.
Provisions for regional languages.
Case law:
Keshavananda Bharati (1973): Official language is part of basic structure.
Akhil Bhartiya Sahitya Sammelan v. Union of India (1960): Language policy.
Part XVIII: Emergency Provisions
Articles 352 to 360
Provisions for National, State and Financial Emergency.
President’s power under emergency.
Case law:
ADM Jabalpur v. Shivkant Shukla (1976): Emergency suspending fundamental rights (later overruled).
S.R. Bommai (1994): Judicial review of President’s Rule.
Part XIX: Miscellaneous
Articles 361 to 367
Special provisions relating to President, Governors, etc.
Part XX: Amendment of the Constitution
Article 368
Procedure for amendment.
Basic structure doctrine linked here.
Case law:
Kesavananda Bharati v. State of Kerala (1973): Basic structure doctrine.
Minerva Mills v. Union of India (1980): Limits on amendment power.
Part XXI: Temporary, Transitional and Special Provisions
Articles 369 to 392
Temporary provisions related to states.
Special provisions for Jammu & Kashmir (now repealed).
Part XXII: Short Title, Commencement, Authoritative Text in Hindi and Repeals
Articles 393 to 395
Final provisions about commencement, official texts, and repeal of old laws.
Part XXIII: (Inserted later in some versions but not applicable now)
Parts XXIV & XXV
Currently, there are no Parts XXIV or XXV as per the original Constitution structure. However, with amendments and reorganizations, the numbering may vary slightly in some versions.
Summary Table of Parts
| Part No. | Subject | Articles | Key Focus |
|---|---|---|---|
| I | The Union and its Territory | 1–4 | Territorial integrity, Union formation |
| II | Citizenship | 5–11 | Citizenship rules |
| III | Fundamental Rights | 12–35 | Basic rights of individuals |
| IV | Directive Principles | 36–51 | Policy guidelines for governance |
| IVA | Fundamental Duties | 51A | Duties of citizens |
| V | The Union | 52–151 | Executive, Parliament, judiciary of Union |
| VI | The States | 152–237 | State government structure |
| VIII | Union Territories | 239–242 | Administration of UTs |
| IX | Panchayats | 243–243O | Rural local governance |
| IXA | Municipalities | 243P–243ZG | Urban local governance |
| X | Scheduled and Tribal Areas | 244–244A | Special provisions for tribal areas |
| XI | Relations between Union & States | 245–263 | Distribution of powers |
| XII | Finance, Property, Contracts | 264–300A | Financial and property provisions |
| XIII | Trade, Commerce | 301–307 | Free trade and commerce |
| XIV | Services | 308–323 | Public service provisions |
| XIVA | Tribunals | 323A–323B | Administrative tribunals |
| XV | Elections | 324–329 | Election Commission and procedures |
| XVI | Special Provisions for Classes | 330–342 | Reservations and welfare provisions |
| XVII | Official Language | 343–351 | Language policies |
| XVIII | Emergency Provisions | 352–360 | National, State, Financial Emergencies |
| XIX | Miscellaneous | 361–367 | Miscellaneous provisions |
| XX | Amendment of Constitution | 368 | Amendment procedure |
| XXI | Temporary, Transitional | 369–392 | Temporary provisions |
| XXII | Short Title, Commencement | 393–395 | Final provisions |
Conclusion
The 25 Parts of the Indian Constitution comprehensively cover all aspects of governance, rights, duties, and institutional structure in India. Through these parts, the Constitution maintains a delicate balance between federalism, democracy, social justice, and rule of law.
Many landmark Supreme Court cases have interpreted various parts to uphold the constitutional vision of India as a sovereign, socialist, secular, democratic republic.
RELATED Blog
0 comments