Indian Constitution Articles

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Important articles of constitution

ARTICLE 20: PROTECTION IN RESPECT OF CONVICTION FOR OFFENSES

(1) No person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense, not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offense.
(2)No person shall be prosecuted and punished for the same offense more than once.
(3)No person accused of any offense shall be compelled to be a witness against himself.

ARTICLE 21: PROTECTION OF LIFE AND PERSONAL LIBERTY

No person shall be deprived of his life or personal liberty except according to procedure established by law

Article 21A:  Right to education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

ARTICLE 22: PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES

(1) No person who is arrested shall be detained in custody without being informed, as soon as may not be, of the grounds for such arrest nor shall he is denied the right to consult and to be defended by, a legal practitioner of his choice.
(2) 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 court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such the person the grounds on which the order has been made

 (4) Parliament may by law prescribe –
(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law

(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

ARTICLE 23: PROHIBITION OF TRAFFIC INHUMAN BEINGS AND FORCED LABOUR

(1) Traffic in human beings and the beggar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable in accordance with the law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on the ground only of religion, race, caste or class or any of them.

ARTICLE 24: PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, ETC.

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Every child must be given the right to education and child labor should be prohibited.

ARTICLE 25: FREEDOM OF CONSCIENCE AND FREE PROFESSION, PRACTICE, AND PROPAGATION OF RELIGION

(1) Subject to public order, morality, and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law –
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
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part 3

 

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articles under part 3

ARTICLE 16: EQUALITY OF OPPORTUNITY IN MATTERS OF PUBLIC EMPLOYMENT

(1)There shall be equality of opportunity for all citizens in matters relating to employment to any office under the State.

(2) No citizen on the basis of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

 (3) Nothing in this article shall prevent the State from making any provision for the Reservations of posts favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

 ARTICLE 17: ABOLITION OF UNTOUCHABILITY

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with the law.

ARTICLE 18: ABOLITION OF TITLES

(1)No citizen of India shall accept any title from any foreign State.

(2) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

(3) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

 ARTICLE 19: PROTECTION OF CERTAIN RIGHTS REGARDING FREEDOM OF SPEECH, ETC.

All citizens shall have the right –

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to move freely throughout the territory of India;

(d) to reside and settle in any part of the territory of India; and

(2) Nothing should affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and the integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense.

(3) Nothing should affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing.

(4) Nothing should affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India.

(5) Nothing should  affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Schedule Tribe.
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Part 3 of constitution

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Part 3 of the Indain CONSTITUTION

ARTICLE 12: DEFINITION

In this Part, unless the context otherwise required, “the State” includes the Governmental Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

ARTICLE 13: LAWS INCONSISTENT WITH OR IN DEROGATION OF THE FUNDAMENTAL RIGHTS

(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent to the extent of such inconsistency, are void.

(2) The State shall not make any law which takes away the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

ARTICLE 14: EQUALITY BEFORE LAW

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The state shall not deny to any person equality before the law or equal protection of law within the territory of Indian rule of law Professor A.V.dicey.

ARTICLE 15: PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION, RACE, CASTE, SEX OR PLACE OF BIRTH

(1) The State shall not discriminate against any citizen on the basis of religion, race, caste, sex, and place of birth or any of them.
(2) No citizen shall be criticized on the basis of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition to:
(a) access to shops, public restaurants, hotels and places of public;
(b) the use of wells, tanks, roads and places of public resort;
(3) The women and children must be given special provision.
(4)  The State shall not prevent from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

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Constitution Article

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Citizenship (Articles 5-11)

 (Articles 5-11) deals with the Citizenship of India. Article 5 speaks about the citizenship of India at the commencement of the Constitution (Nov 26, 1949). Article 11 gave powers to the Parliament of India to regulate the right of citizenship by law. Thus Citizenship Act 1955 was enacted by the Parliament.

ARTICLE 5: CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION

At the commencement of this Constitution, every person who has his domicile in the territory of India and
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less then five years immediately preceding such commencement, shall be a citizen of India.

ARTICLE 6: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS WHO HAVE MIGRATED TO INDIA FROM PAKISTAN

Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if –

(a) He or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935.

(b) In the case where such person has so migrated before the nineteenth day of July 1948, he has been ordinarily resident in the territory of India since the date of his migration.

ARTICLE 7: RIGHTS OF CITIZENSHIP OF CERTAIN MIGRANTS TO PAKISTAN

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law.

ARTICLE 8: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS OF INDIAN ORIGIN RESIDING OUTSIDE INDIA

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935  and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or the consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative.

ARTICLE 9: PERSONS VOLUNTARILY ACQUIRING CITIZENSHIP OF A FOREIGN STATE NOT TO BE CITIZENS

No  person shall be a citizen of India by virtue of article 5 or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

ARTICLE 10: CONTINUANCE OF THE RIGHTS OF CITIZENSHIP

Every a person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such a citizen.

ARTICLE 11: PARLIAMENT TO REGULATE THE RIGHT OF CITIZENSHIP BY LAW

Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. The Constitution provides for a three-fold distribution of legislative subjects between the Union and the states, viz., List-I (the Union List), List-II (the State List) and List-III (the Concurrent List) in the Seventh Schedule: (i) The Parliament has exclusive powers to make laws with respect to any of the matters.
                                                         
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Article of Consitution

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Articles in the Constitution of India

Union and Its Territory (Article 1 – 4)

Articles 1 to 4 under Part I of the Constitution explains the Union and its Territory.

Article 1:

Article 1(1) state that India, that is Bharat shall be a Union of States.

Article 1(2) states that the States and the territories will be specified in the First Schedule.

Article 1(3) states that the territory of India will comprise the following

a) The territories of the States;

b) The Union territories mentioned in the First Schedule.

Article-1 describes India as a ‘Union of States’. Dr. B.R. Ambedkar said that the Indian federation was a “Union” because it was indissoluble, and no State had a right to separate from the Indian Union. The country is one integral unit besides the fact that it consists of different states for the convenience of administration. The territory of India includes not only the States but also the Union Territories and such other territories as may be acquired by India in the future. First Schedule of the Constitution has specified states and the Territories both.

Article – 2:

It deals with admission or establishment of new States. Parliament may by law admit into the Union, or establish, new States based on terms and conditions.

Article- 3:

It states that the Parliament may by law form a new State by separation of a territory from any State or by uniting two or more States completely or in parts or by uniting any territory to a part of any State. It deals with the following:

·         Formation of new States

·         Alteration of areas of States

·         Boundaries or names of existing States

Thus Parliament can increase or diminish the area of any State or can alter the boundaries or names of any State. Parliament follows the following procedures in this regard.

Step-1: Either House of the Parliament, only on the recommendation of the President, can introduce a Bill giving effect to any or all the charges stated above.

Step-2: If such a bill affects the boundary or name of a State, then the President will refer the Bill to the concerned State Legislature before introducing it in the Parliament for their opinion.

Step-3: If the State Legislature fails to express an opinion within the given time limit then it is deemed that it has expressed its views. Parliament is not bound to accept or act upon the views of the State Legislature even if State has submitted their views within the time period.

In the case of Union Territories, it is not necessary to seek the views of Legislatures of Union Territories before such Bill.

Article-4:

It says that any law referred to in Article-2 or Article-3 will contain such provisions for the amendment of the Ist Schedule and the IVth Schedule necessary to provide effects to the provisions of law and may also contain such supplemental, incidental, and consequential provisions, as the Parliament may deem necessary.

This Article allows for consequential changes in the Ist Schedule i.e. names of the States in the Union of India and IVth Schedule i.e. a number of seats allotted in the Rajya Sabha for each state. Constitution will not treat any such law altering existing States or creating a new State, as the amendment.

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Fundamental Duties

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Fundamental Duties

The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism  These duties comes under  the Part IV–A of the Constitution, which concern these fundamental duties.

The Following are the Duties in Our Constitution:

1) To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem.It is the duty of every citizen to respect the ideals, which include liberty, justice, equality,  executive, the legislature and the judiciary institutions.

2) To follow the noble ideals which inspired our national struggle for freedom.These ideals were those of building a just society and a united nation with freedom, equality, nonviolence, brotherhood and world peace.

3) To uphold and protect the sovereignty, unity, and integrity of India- it is one of the preeminent national obligations of all the citizens of India. India is vast and diverse a nation with different caste, religion, sex, and linguistic people; if freedom and unity of the country is jeopardized then the united nation is not possible.

4) To defend the country and render national service when called upon to do so it is the duty of every citizen to defend our country against external enemies.

 5) To promote harmony and the spirit of common brotherhood among all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.

Directive Principles

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Directive Principles

These lay down that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may, a social order, in which justice-social, economic and political-shall form in all institutions of national life. Constitution deal with the Directive Principles of State Policy.

The Directive Principles are the guiding principles for governance but are not enforceable by any court. That does not change the fact that they are nevertheless fundamental to the governance of this country. These principles provide the social and economic guidance for Indian Democracy and pave the way for the establishment of a true welfare state.

As the name indicates, these principles command the State and its instrumentality to follow certain fundamental principles while formulating and pursuing policies

These principles are the guiding light for the attainment of the objectives that our Constitution aspires for. These principles chalk the path for the State to follow in order to secure the greatest good for the greatest number in the way consistent with our Constitutional philosophy and vision.

The Directive Principles envision for all citizens the equality of opportunity and adequate means of livelihood, avoiding the concentration of wealth in few hands. In short, the Directive Principles envisage equality, liberty, and freedom.

Categories

The Directive Principles are divided into the following three categories:

Socialistic Directives: This the part contains the directives for securing the welfare of the people of India, equal distribution of the material resources of the country protection of the fundamental rights of the children and youth, equal pay for equal work, education, etc.

Gandhian Directives: Under these directives are the guidelines for organizing village Panchayat, the prohibition of intoxicating drinks and cow-slaughter, a secure living wage, a decent standard of life, and to promote cottage industries, to provide free and compulsory education to all children up to 14 years of age etc.

Liberal Intellectual Directives: In this section, there are guidelines for uniform civil code throughout the country and the legislatures to follow in issuing orders or making laws.

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Fundamental Rights

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Fundamental Rights

The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians and prevent the State from encroaching an individual's liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society.

Right to Equality

The right to equality is one of the six fundamental rights in the Indian Constitution. It includes equality before the law, the prohibition of discrimination on the basis of race, religion, gender, and caste or birthplace. In simple words, we can say it is the right to live with equal opportunities.

Right to Freedom

This right includes the right to freedom of speech, freedom of expression, and freedom to form unions and associations. It also includes freedom to travel anywhere in India, freedom to live in any part of India, and the freedom to choose any profession of their interest. 

Right against Exploitation

This right includes the prohibition of any form of forced labor. Children who are below the age of 14 years are not allowed to work in mines or factories where the risk of life is involved. According to these rights, no person has the right to exploit the other person in any way.

Right to Freedom of Religion

These right states that there will be full freedom of conscience for all citizens of India. All people shall have equal right to freely adopt, practice and spread the religion of their choice. The state shall not hinder any religious affairs of any individual in any manner. In this, all religions have a right to establish and uphold institutions for religious and charitable purposes. Also, they will be free to manage their own affairs with respect to these rights.

Cultural and Educational Right

This right is one of the most important rights as education is the primary right of each child. According to this right, all are free to follow the culture of their choice. Also, all are free to get the education of their choice.

Right to Constitutional Remedy

This right is a very special right given to all the citizens. According to this right, a citizen has the power to go to court in case of denial of any of the fundamental rights. The court stands as a guard for anybody against the breach of these rights.

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