Important Articles of Indian Constitution

  • Article 1 of our Constitution declares that “India that is Bharat is a union of states”.
  • The renaming of a state requires Parliamentary approval under Article 3 and 4 of the Constitution.
  • The Delhi High Court has ruled that the United Nations is not a “State” within the meaning of Article 12 of the Constitution of India and is not amenable to the jurisdiction of the Court under Article 226 of the Constitution of India.
  • The 24th Constitutional Amendment changed Article 13, a provision which mandated that no ‘law’ could take away or abridge fundamental rights. 
  • Article 15 has been amended to enable the government to take special measures for the advancement of “economically weaker sections” (EWS).
  • Article 16 of the Constitution guarantees equal treatment under the law in matters of public employment. It prohibits the state from discriminating on grounds of place of birth or residence.
  • The 103rd Constitution Amendment Act 2019 inserted Article 15 (6) and Article 16 (6) in the Constitution to allow reservation for the EWS among the general category.
  • The newly added Article 16(6) permits the government to reserve up to 10% of all government posts for the “economically weaker sections” of citizens.
  • Article 19 confers upon citizens the right to freedom of speech and expression under Article 19(1)(a) and right to assemble peacefully without arms under Article 19(1)(b). The Constitution guarantees the rightto protest and express dissent, but with an obligation towards certain duties.
  • Freedom of speech and expression through the medium of internet is a fundamental right under Article 19(1)(a) of the Constitution. The restrictions on internet have to follow the principles of proportionality under Article 19(2).
  • Article 19(1)(c) under Part III of the Constitution enables all the citizens to form cooperatives by giving it the status of fundamental right of citizens. Article 43B was added in the Directive Principles of State Policy (Part IV) regarding the “promotion of cooperative societies”.
  • In Faheema Shirin v. State of Kerala, the Kerala High Court declared the right to Internet access as a fundamental right, forming part of right to privacy under Article 21 of the Constitution of India.
  • Article 22(1) gives the fundamental right to every person not to be denied the right to be defended by a legal practitioner of his or her choice.
  • Article 22 (2) of the Constitution states that “Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.” Ordinarily, the “nearest magistrate” is assumed to be the magistrate in whose jurisdiction the FIR is registered if the individual can be produced within 24 hours. The crucial 24-hour rule allows police to skip obtaining a transit remand from a local magistrate where the arrest is being made.
  • The Supreme Court has previously ruled that non-payment of minimum wages amounts to “forced labour” under Article 23 of the Constitution.
  • Article 25 of the Indian constitution provides the freedom to practice any religion of one’s choice and personal laws of the religions have specified various laws relating to marriage for the followers of that religion. Hence, in India inter-faith marriages are allowed as the constitution allows one to convert to a different religion from what one was born with and further the personal laws of the religion have provisions. Article 25 of the Indian Constitution protects the right to freely profess, preach, and practice a religion. It also grants all religious groups the freedom to administer their own religious affairs, subject to public morals, health, and order. However, no one has the right to compel others to adopt their religious views, and as a result, no one should be made to practice a religion against their will. There is no national legislation that prohibits or controls religious conversions. To govern religious conversions, however, Private Member Bills have often been submitted in Parliament since 1954 (although never passed by the body).
  • Article 29 gives every Indian the right to a distinct language, script & culture.
  • Article 30 provides for Right of minorities to establish and administer educational institutions for all minorities, whether based on religion or language.
  • Article 31D had enabled Parliament to legislate on matters concerning “anti-national activities” and “anti-national associations”. 
  • Article 32 of the Constitution is a fundamental right, which states that individuals have the right to approach the Supreme Court seeking enforcement of other fundamental rights recognised by the Constitution. Similar powers to enforce the fundamental rights of citizens are also conferred on high courts under Article 226 of the Constitution. The two provisions are not mutually exclusive and allow a citizen to either approach the high court that has jurisdiction over the case or the Supreme Court. Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose.
  • Article 32A prohibited the Supreme Court from considering the constitutional validity of State laws in writ proceedings for the enforcement of Fundamental Rights.
  • Article 35A of the Indian Constitution, which stemmed out of Article 370, gave powers to the Jammu and Kashmir Assembly to define permanent residents of the state, their special rights and privileges.
  • Article 37 of the Constitution states that the DPSPs shall not be enforceable by any court, but the principles laid down are fundamental in the governance of the country and it is the duty of the government to apply these principles in making laws.
  • Article 44 of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India. Article 44 is one of the directive principles. These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance. Fundamental rights are enforceable in a court of law.
  • Article 46 of the Constitution, part of Directive Principles of State Policy, it has a duty to protect the interests of economically weaker sections. “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
  • Article 51-A (f) of the Constitution states that it is the
    fundamental duty of every citizen, and particularly the duty of the state “to value and preserve the rich heritage of our composite culture”.
  • Article 53 says that the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with Constitution.
  • Article 54-The President is elected by an electoral college consisting of only the elected members of both Houses of Parliament and the elected members of the State and Union Territory Assemblies.
  • Under Article 62(1) of the Constitution, “an election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term”.
  • Article 63 of the Constitution states that “there shall be a Vice-President of India”. Under Article 64, the Vice-President “shall be ex officio Chairman of the Council of the States” (Rajya Sabha).
  • Article 65 says that “in the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President…enters upon his office”.
  • As per Article 66 of the Constitution of India, the Vice-President is elected by the members of the Electoral College consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote.
  • Article 66 (1) of the Constitution provides that the election shall be held in accordance with the system of Proportional Representation by means of the single transferable vote and the voting at such election shall be by secret ballot. 
  • Under Article 66(4), “A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.”
  • Article 67 lays down that the “Vice-President shall hold office for a term of five years from the date on which he enters upon his office”. However, the Vice-President “shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office”.
  • Article 71 of the Constitution deals with “Matters relating to, or connected with, the election of a President or Vice-President”. It says that “all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final”.
  • Article 72 of the Indian Constitution says that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
  • By virtue of Article 73 of the Constitution, the powers of the Union executive are co-terminus with those of Parliament: In the absence of any legislation, the executive enjoys unbridled powers to assume international obligations sans parliamentary approval. However, any international obligation, that comes into conflict with any law enacted by Parliament, must undergo domestic legislative processes to attain the status of law and become enforceable by courts.
  • Article 78 of the Constitutionempowers the President to be informed about the affairs of the union government which is collectively responsible to the Lok Sabha, the lower house of the Parliament. Article 78 of the Indian Constitution belongs to Part V of the Constitution. Part V is about Union Government and gives a detailed provision regarding the powers and the duties of the President, Vice President, Prime Minister, Council of Minister and the likes. Article 78 specifically lists down the duties of the Prime Minister.
  • Under article 80 of the Constitution, the Council of States (Rajya Sabha) is composed of not more than 250 members, of whom 12 are nominated by the President of India from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service.
  • Article 81 of the Constitution defines the composition of the House of the People or Lok Sabha.
  • Under Article 82, the Parliament enacts a Delimitation Act after every Census which establishes a delimitation commission.
  • President’s Address and Motion of Thanks are governed by Articles 86 (1) and 87 (1) of the Constitution and Rules 16 to 24 of the Rules of Procedure and Conduct of Business in Lok Sabha. Article 86(1) of the Constitution provides that the President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.
  • Article 87 deals with Special Address by President and provides that President shall address both Houses of Parliament assembled together at the commencement of first session after each general election to the Lok Sabha, at the commencement of the first session of each year.
  • Article 93 of the Constitution mentions the positions of the Speaker and Deputy Speaker of the House of the People (Lok Sabha), and Article 178 contains the corresponding position for Speaker and Deputy Speaker of the Legislative Assembly of a state.
  • Under Article 94 (Article 179 for state legislatures), the Speaker or Deputy Speaker “shall vacate his office if he ceases to be a member of the House of the People”.
  • Articles 102(1) and 191 (1) mention disqualifications on the basis of Office of Profit in the Parliament and state legislature respectively. It is neither defined in the constitution nor under Representation of People’s Act.
  • 105 (for Parliament, its members & committees and Art. 194 (for State Legislature, its members & committees) confers certain privileges on legislative institutions and their members.
  • Article 105(2) of the Constitution lays down that “no Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof”.
  • Article 107 deals with introduction and passing of bills.
  • Article 115 of the Indian Constitution provides for supplementary, additional, or excess grants.
  • Article 121 and Article 211 of the Indian Constitution expressly bar Parliament and the state legislatures to discuss the conduct of any judge.
  • Article 122of the Constitution says parliamentary proceedings cannot be questioned before a court: “No officer or Member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers”.
  • Under Article 123 of the Constitution the President can legislate on a matter when there is great urgency in the nature of an emergency and the sitting of Parliament is quite some time away.
  • Basic disqualification criteria for an MP are laid down in Article 102 of the Constitution, and for an MLA in Article 191.
  • The procedure to appoint judges to the Supreme Court of India is listed under clause 2 of Article 124 of the country’s Constitution.
  • Article 124 (1) provides the power to the Parliament to increase the number of judges if it deems necessary. In exercise of the powers conferred by clause (2) of Article 124 of the Constitution of India, the appointments are made by the President of India.
  • Article 124(1) of the Indian Constitution says there “shall be a Supreme Court of India consisting of a Chief Justice of India”. The closest mention is in Article 126, which deals with the appointment of an acting CJI.
  • In accordance with the constitution of India i.e. Article 127 and 128the Supreme Court and the High Court can act in order to appoint effective and efficient Judges with experience as AD-HOC Judges and presence of retired Judges.
  • Article 129 grants Supreme Court the power to punish for contempt of itself. Article 129 of the Constitution gives the Supreme Court the power to initiate contempt cases on its own, independent of the motion brought before it by the AG or with the consent of the AG. “The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself,” Article 129 states.
  • Article 130 states that the Supreme Court may sit at place(s) other than Delhi on the order of the Chief Justice of India with the prior approval of the President of India.
  • Article 131 of the Constitution talks about the original jurisdiction of the Supreme Court, where the apex court deals with any dispute between the Centre and a state; the Centre and a state on the one side and another state on the other side; and two or more states. A dispute to qualify under Article 131, it must involve a question of law or fact on which the existence of a legal right of the state or the Centre depends.
  • Article 131A barred High Courts making judgements on the constitutional validity of Central legislation, giving exclusive jurisdiction for such laws to the Supreme Court.
  • 136 provides for a special power of the Supreme Court. This power is related to appeals. Constitution, under different Articles, provides for appeals in criminal, civil, constitutional matters once the matters have been finally disposed in the lower courts. Art.136 is different and special in the sense that a party to the case can apply to the Supreme Court for grant of special leave to appeal. 
  • Under Article 137, the Supreme Court has the power to review any of its judgments or orders. The concept of the curative petition is supported by Article 137 of the Indian Constitution.
  • Article 141stipulates that the decision of the supreme court would be binding upon other courts in India. Meaning thereby, the case decided by SC will attain finality and would be treated as binding for future decisions by other courts in India. But there’s a catch, the decision of SC is not binding for itself. Article 141 says what the SC says is the law or the correct interpretation of the law to be binding on courts only, not legislature.
  • Article 142, is of inherent power nature. It stipulates that SC has all power to do complete justice in any case. Curative petition, owe its origin to this article, as decided in ashok hurra vs Rupa hurra case.
  • Article 142(1) states that “The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe”.
  • Article 142(2) enables the Supreme Court to investigate and punish any person for its contempt. The Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
  • Under its advisory jurisdiction, the President has the power to seek an opinion from the apex court under Article 143 of the Constitution.
  • Article 144A required that the Supreme Court could only declare a Central or State law as unconstitutional if the decision was made by a bench with at least 7 judges, and backed by a special majority of two-thirds of the bench. Article 228A required that a High Court could only declare a State law as unconstitutional if the decision was made by a bench with at least 5 judges, and backed by a special majority of two-thirds of the bench.
  • According to Article 145 (3) of the Constitution, at least five judges need to hear cases that involve‘a substantial question of law as to the interpretation’ of the Constitution, or any reference under Article 143, which deals with the power of the President of India to consult the Supreme Court. The Supreme Court bench consisting of at least five judges is called the Constitution bench.
  • In the matter of laws and rules made under Article 145, the Supreme Court has the power to review any judgement pronounced (or order made) by it. According to Section 30 of the Advocates Act, any lawyer enrolled with the Bar Council is entitled to practice law before any Court or tribunal in the country. However, the provision also categorically states that “nothing in the provision shall be deemed to affect the power of the Supreme Court to make rules under Article 145 of the Constitution.” Under Article 145 of the Constitution, the Supreme Court is empowered to make rules and regulate its own procedure for hearing cases.
  • Article 148 provides for an independent office of the CAG. He is the head of the Indian Audit and Accounts Department.
  • Article 156 of the constitution, President appoints Governors.
  • It is “well-settled that the advice of the State Cabinet is binding on the Governor in the exercise of his powers (to grant pardons, reprieves, respites or remissions) under Article 161 of the Constitution”, and that the “non-exercise of the power under Article 161 or inexplicable delay in exercise of such power not attributable to the prisoner is subject to judicial review”.
  • The power of the President to grant pardon extends in cases where the punishment or sentence is by a Court Martial but Article 161 does not provide any such power to the Governor.
  • Article 162 makes it clear that the executive power of the State shall extend to matters with respect to which the Legislature of the State has the power to make laws and Article 163 provides that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except in so far as he/she is by or under the Constitution required to exercise his/her function in his/her discretion.
  • Article 164 (1A)of the Constitution prescribed that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed 15% of the total number of members of the Legislative Assembly of that State. Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve.
  • 164 (3) mandates that Governor shall administer the oaths of office and secrecy to a minister, before a Minister enters upon his/her office.
  • Article 165– Advocate-General of the State
  • The Parliamentary law makes amendment to Article 168 (1) (a) of Constitution which includes names of states that have two houses.
  • Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.
  • Under Article 169 (1) of Constitution a State legislative assembly can pass a resolution requesting Parliament for creation or abolition of legislative council in the state. Based on resolution, Parliament makes an act for amending Constitution to that effect.
  • Under Article 170, States also get divided into territorial constituencies as per Delimitation
    Act after every Census.
  • Article 172(1)states that, in case of a state of Emergency, an election can be postponed for one year at a time in addition to a period of six months after the Emergency is lifted. There is no specific legal provision that specifies the circumstances under which elections can be deferred in non-Emergency situations.
  • Article 174(2)(b) of the Constitution gives powers to the Governor to dissolve the Assembly on the aid and advice of the cabinet. However, the Governor can apply his mind when the advice comes from a Chief Minister whose majority could be in doubt. Under Article 175(2), the Governor can summon the House and call for a floor test to prove whether the government has the numbers.
  • It will become more clear when we consider Article 175 which says that the Governor may address the legislature and for that purpose require the attendance of the members. The Governor’s address under Article 175 is not a mandatory address unlike under Article 176. Article 175 does not speak about any discussion of the content of such an address; but Article 176 requires a discussion on the matters contained in the Governor’s address. The reason behind the Constitution making such a distinction in two addresses by the same constitutional authority, namely the Governor, to the same Members of the legislature, is that the address under Article 176 contains the policies and programmes of the elected government of the State which is accountable to the legislature.
  • Article 176 of the Constitution requires the Governor to mandatorily address the Members of legislature at the commencement of the first session of each year and to inform them of the causes of its summons.
  • Article 177– Rights of Advocate-General as respects the Houses of State Legislature and its Committee
  • Under Article 179 of the Constitution, a Speaker can be removed by a resolution of the Assembly passed by a majority of “all the then members of the Assembly”. The process begins with notice of at least 14 days.
  • Articles 191 and 192 of the Constitution deal with “Disqualifications for membership” of a state Legislative Assembly or Council, and “Decision on questions as to disqualifications of members” respectively. Article 191(1) says that “a person shall be disqualified for being chosen as, and for being, a member” of a state House “if he holds any office of profit under the Government of India or the Government of any State…, other than an office declared by the Legislature…not to disqualify its holder”. Article 192(1) states that if “any question arises as to whether a member…has become subject to…disqualification…, the question shall be referred for the decision of the Governor and his decision shall be final”. Under Article 192(2), “Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.” Article 192(2) says that the Governor “shall act” according to the EC’s opinion. However, it does not lay down a time frame for the Governor to act.
  • The ruling party at the Centre has also made a representation to the governor, who forwarded it to the EC under Article 192 of the Constitution. Under Article 192, the governor can decide on disqualifying an elected member of the state Assembly on the poll panel’s opinion. Under Section 9A of the Representation of People’s Act, a person who has a subsisting contract with the Government is not qualified for being chosen as a member. And hence, an elected member who entered into a contract with the government for “supply of goods” or “for the execution of any works undertaken by the government” is liable for disqualification.
  • Article 194 deals with the powers, privileges and immunities of the State Legislatures, their Members and their committees.
  • The Constitution does not give the Governor the option to sit on a Bill passed by the Assembly. But the Governors seem to assume that since it does not lay down any time frame for assent to a Bill they can sit on it without exercising any of the options contained in Article 200. This is a gross misreading of the constitutional provision. Article 200 requires the Governor to either give assent or withhold assent or send the Bill back to the Assembly for reconsideration, in which case if the Assembly passes it again in the same form without any change the Governor has to give assent to it. He can also send the Bill for the consideration of the President in some rare cases. Thus, Article 200 clearly shows that the Governor cannot sit on a Bill and thus frustrate the legislative exercise done by the Assembly. In Britain it is unconstitutional for the King to withhold assent to a Bill passed by Parliament.
  • Article 215 grants every High Court the power to punish for contempt of itself.
  • Article 217, which deals with the appointment of High Court judges, says the President should consult the CJI, Governor, and Chief Justice of the High Court concerned.
  • Article 222 of the Constitution provides for the transfer of High Court judges, including the Chief Justice. It says the President, after consultation with the Chief Justice of India, may transfer a judge from one High Court to any other High Court. It also provides for a compensatory allowance to the transferred judge. This means that the executive could transfer a judge, but only after consulting the Chief Justice of India. From time to time, there have been proposals that one-third of the composition of every High Court should have judges from other States
  • Transfer of Judges from one High Court to another High Court is made by the President after consultations with the Chief Justice of India under Article 222 (1) of the Constitution.
  • Article 226A placed a prohibition on High Courts from considering the constitutional validity of Central laws.
  • Article 228A required that a High Court could only declare a State law as unconstitutional if the decision was made by a bench with at least 5 judges, and backed by a special majority of two-thirds of the bench.
  • Article 233 of the Constitution provides that appointment as a district judge requires not less than seven years as an advocate, it is the Supreme Court that has upheld the interpretation to mean continuous practice.
  • The NCT of Delhi, under Article 239 AA, has been given a special status. It gives powers of law-making and administration to an elected legislature and the council of ministers. Article 239 AA was inserted in the Constitution by The Constitution (69th Amendment) Act, 1991 to give Special Status to Delhi following the recommendations of the S Balakrishnan Committee that was set up to look into demands for statehood for Delhi. It says that the NCT of Delhi will have an Administrator and a Legislative Assembly. Subject to the provisions of the Constitution, the Legislative Assembly “shall have power to make laws for the whole or any part of the NCT with respect to any of the matters in the State List or Concurrent List in so far as any such matter is applicable to Union territories” except on the subject of police, public order, and land.
  • Article 239AA (4) says that in the case of a difference of opinion between the LG and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for final decision and act according to it. Lieutenant Governor does not to refer to the President normal administrative matters as that would disturb the concept of Constitutional governance, principles of collaborative federalism and the standards of Constitutional morality.
  • The provisions of Article 243K of the Constitution, which provides for setting up of SECs, are almost identical to those of Article 324 related to the EC. In other words, the SECs enjoy the same status as the EC.
  • Article 244 of provides special system of administration for certain areas designated as
    ‘scheduled areas’ and ‘tribal areas. The sixth schedule under Article 244 of the Constitution protects the autonomy of tribal populations through creation of autonomous development councils which can frame laws on land, public health and agriculture. As of now ten autonomous councils exist in Assam, Meghalaya, Tripura and Mizoram. In the Article 244(1) of the Constitution, expression Scheduled Areas means such areas as the President may by order declare to be Scheduled Areas.
  • Parliament too has the power to enter into, and implement, treaties and agreements with foreign countries under Article 246 of the Constitution, read with Entry 14 of the Seventh Schedule.
  • Article 246-A inserted after the 122nd constitutional amendment states, “Notwithstanding anything contained in articles 246 and 254, Parliament, and, subject to clause (2), the Legislature of every state, have the power to make laws with respect to the GST imposed by the Union or by such state.” Thus, the power to levy the central GST (CGST) vests with Parliament, the power to levy state GST (SGST) vests with state legislatures and Parliament has exclusive power to make laws with respect to the GST on items that are part of inter-state trade or commerce. Thus, the GST Council is only an advisory body and the actual decisions regarding model GST levies, principles of levy, apportionment of GST levied on inter-state supplies, principles relating to place of supply, exemptions and rate structure and any special provisions will have to be taken by either Parliament in the case of CGST and IGST or the states in the case of SGST.
  • An act of Parliament is necessary to transform international law into municipal law as recognised by Article 253 of the Indian Constitution. Article 253 elucidates that the power of Parliament to implement treaties by enacting domestic laws also extends to topics that are part of the state list. Parliament exercises control over the executive’s treaty-making power at the stage of transforming a treaty into the domestic legal regime. Article 253 of the Constitution, which embodies the concept of dualism, considers international law and municipal law as two separate and distinct legal systems.
  • Enacted under Article 253 of the Constitution, the Environment Protection Act, came into force on November 19, 1986.
  • Article 256 states that the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State. Article 256 of the Constitution on ‘Obligation of States and the Union’ says that the “Executive power of every state shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that state, and and the executive power of the Union shall extend to the giving of such directions to a state as may appear to the government of India to be necessary for that purpose.”
  • Article-262 of the Indian Constitution deals with the Inter State Water Dispute. Article 262 of Constitution of India “Adjudication of disputes relating to waters of inter-State rivers or river valleys”. Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.
  • Article 263 of the constitution provides for the establishment of an Inter-State Council (ISC) for smooth transition of business between the Union and states and resolution of disputes.
  • Article 265 of the Indian Constitution states that “No tax shall be levied or collected except by authority of law”. In accordance with Article 265 of the Indian Constitution, taxes may only be levied with legal authorization. This article defines a highly significant principle that no person in India can be subjected to any tax without following proper procedure as laid down by law. Article 265 of the Constitution forbids taxation without legislation.
  • Article 270 of the Constitution allows cess to be excluded from the purview of the divisible pool of taxes that the Union government must share with the States.
  • The Post Devolution Revenue Deficit Grants are provided to the States under Article 275 of the Constitution.  The grants are released to the States as per the recommendations of the successive Finance Commissions to meet the gap in Revenue Accounts of the States post devolution.
  • The Finance Commission is constituted by the President under article 280 of the Constitution, mainly to give its recommendations on distribution of tax revenues between the Union and the States and amongst the States
  • Articles 293 sets the rules under which states can borrow from within the country. Under Article 293 (3), state governments are required to take the Centre’s permission for fresh borrowing, if they are indebted to the Government of India.
  • The Supreme Court has held that the government, when entering into a contract under the President’s name, cannot claim immunity from the legal provisions of that contract under Article 299 of the Constitution, in a recent case.
  • Article 298 grants the Centre and the state governments the power to carry on trade or business, acquire, hold, and dispose of property, and make contracts for any purpose, while Article 299 delineates the manner in which these contracts will be concluded. Articles 298 and 299 came after the Constitution came into effect and the government entered into contracts even in the pre-independence era. According to the Crown Proceedings Act of 1947, the Crown could not be sued in court for a contract it entered into. Article 299 of the Constitution provides that “all contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President or by the Governor of the State” and that all such contracts and “assurances of property made in the exercise of that power shall be executed” on behalf of the President or the Governor by persons in a manner as directed and authorised by them. Further, the phrase ‘expressed to be made and executed’ under Article 299 (1) means that there must be a deed or contract in writing and that it should be executed by a person duly authorised by the President of the Governor on their behalf.
  • Article 300A, which provides for Right to Property, required the state to follow due procedure and authority of law to deprive a person of his or her private property.
  • Article 311 of the Constitution of India safeguards civil servants against any arbitrary dismissal from their posts and helps them respond to charges in an inquiry against them. Disciplinary action against an officer found errant may include demotion, suspension or transfer.  Important Articles of Indian Constitution
  • A tribunal is a quasi-judicial body established in India by an Act of Parliament or State Legislature under Article 323A or 323B to resolve disputes that are brought before Article 323A deals with administrative tribunals. Article 323B deals with tribunals for other matters.
  • Article 330 and 332 provides for the reservation of seats for SC/STs in Lok Sabha and State Legislative Assemblies respectively, on the basis of their population ratio.
  • Under Article 331 President can nominate two members of Anglo-Indian community in Lok Sabha, if not adequately represented. Article 333 provides same powers to Governor of a state to nominate one Anglo-Indian
  • Article 334 originally provided that reservation of seats and special representation would cease 10 years after the commencement of Constitution.
  • Article 335 mandates that reservations have to be balanced with the ‘maintenance of efficiency’.
  • The 102nd Constitution Amendment Act of 2018 inserted articles 338B, which deals with the structure, duties and powers of the National Commission for Backward Classes, and 342A that deals with the powers of the president to notify a particular caste as an SEBC and the power of Parliament to change the list. Article 366 (26C) defines SEBCs.
  • Article 340 empowers President to appoint commission to investigate the conditions of backward classes.
  • Article 341 of the Constitution provides certain privileges and concessions to the
    members of Scheduled Castes    . Under the provision of Article 341, first list of SCs in relation to a states/UT is to be issued by a notified Order of the President after consulting concerned state Government.
  • Article 342 prescribes procedure to be followed in the matter of specification of STs. The President may, with respect to any State or Union territory, and where it is a state, after consultation with the Governor there of by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall, for the purposes of this constitution, is deemed to be scheduled tribes in relation to that state or Union Territory, as the case may be.
  • Article 343 states Hindi written in Devanagari script is to be the official language of the Union and gives power to parliament to decide by law, the languages to be used for official work.
  • Article 344 provides for constitution of a parliamentary committee every 10 years to
    recommend to the President regarding progressive use of the Hindi language for the official purposes of the Union and restrictions on the use of English.
  • According to Article 351, it shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule.
  • A High Court, under Article 226 (its writ jurisdiction) of the Constitution, does not have the power to issue a direction to the Centre to invoke Article 355 which enjoins upon the Centre a duty to protect States against external aggression and internal disturbance besides ensuring that the government of every State is carried on in accordance with the constitutional provisions.
  • Article 356 under which the President’s Rule can be imposed in any state, will also be applicable to the UT of Jammu and Kashmir. Article 356 of the Constitution provides for the imposition of President’s Rule in a state in “case of failure of the constitutional machinery in the state”.
  • Article 363-A was inserted in the Constitution by 26th Amendment Act, 1971 (Twenty-Sixth). This amendment is best known for abolition of Privy Purse.
  • The term ‘Scheduled Tribes’ first appeared in the Constitution of India. Article 366 (25) defined scheduled tribes as “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this constitution”.
  • According to Article 366(2), an Anglo-Indian means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only”.
  • Article 366(25) of the Constitution of India refers to Scheduled Tribes as those communities who are scheduled in accordance with Article 342 of the Constitution. This Article says that only those communities who have been declared as such by the President through an initial public notification or through a subsequent amending Act of Parliament will be considered to be Scheduled Tribes.
  • Article 367 provides various guidelines about how the Constitution may be interpreted. 
  • Article 368 deals with power of Parliament to amend the Constitution and procedure therefor.
  • Article 370 had “temporary provisions with respect to the State of Jammu and Kashmir” which gave special powers to the state allowing it to have its own Constitution. According to article 370, except for defence, foreign affairs, finance and communications, Parliament needs the state government’s concurrence for applying all other laws.
  • Articles on Parliamentary privilege: Articles 105 and 194 of the Constitution deal with these powers, privileges and immunities. Article 105 mainly deals with the powers and privileges of both Houses of Parliament and its members and committees. Article 121 of the Constitution, however, restricts members from discussing the conduct of the judges of the Supreme Court and the High Court. Validity of any proceeding of Parliament can’t be inquired into by a court on the grounds of alleged irregularity of procedure, as per the provisions of Article 122. Article 194 outlines corresponding powers, privileges and immunities of State legislatures and their members and committees.

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