Articles Part I

The Constitution of India(Articles of Indian constitution, Fundamental Rights,Fundamental Duties & DPSP)

The Constitution of India
The Constitution of India is regarded as the supreme law of India. It is an existing document
and an instrument that makes the government system work. It draws a structure that defines
fundamental political principles, forms the framework, procedures, powers, and duties of
government institutions and lays out fundamental rights, directive principles and duties of
citizens. The Constitution of India is the longest written constitution of any sovereign country in
the world. Dr. Bhimrao Ramji Ambedkar is the chief architect of the Indian Constitution. The
Constitution was adopted by the Constituent Assembly on 26 November 1949, and came into
effect on 26 January 1950. The date of 26 January was chosen to commemorate the Purna Swaraj
declaration of independence of 1930.

Following are the some highlights about constitution of india:

*   The Indian Constitution is the world's longest.

*   At its commencement, it had 395 articles in 22 parts and 8 schedules. It is made up of
 almost 80,000 words.

*   In its current form September 2012, it has a preamble, 25 parts with 448 articles,  12 schedules,
     5 appendices and 101 amendments, the latest of which came into force on 8 September 2016.

*   The 9th schedule was added via First Amendment Act, while 10th Schedule was first added by           35th Amendment {Sikkim as Associate State}. Once Sikkim became a state of India, the 10th            Schedule was repealed but later added once again by 52th Amendment Act, 1985 in context with        the "Anti-defection" law.


 Articles of Indian constitution
Part 1: article 1 to 4
Article 1-Name and territory of the union.

Article 2 Admission and establishment of the  new state.

Article 3- Formation of new states and alteration  of areas, boundaries, and name of existing states.

Part 2: Article 5 to 11
Article 5- Citizenship at the commencement of the constitution.

Article 6- Rights of citizenship of certain person who have migrated to India from Pakistan.

Article 10- Continuance of rights of citizenship.

Article 11- Parliament to regulate the rights of citizenship by law.

  Fundamental Rights: 
  *  It is an emboidied in Part III (Articles 12 to 35) of the Constitution.
  *  It is called the Mega Carta of the essential freedom of indian people.
  *  It is called the conscience of the constitution.
  
Part 3: Article 12 to 35
Article 12- Definition of the state.
Article 13 -Laws inconsistent with or in derogation of the fundamental rights.

Fundamental Rights Initially, constitution of India provided 7 basic fundamental rights, now there
are only 6. The Right to property U/A 31 was removed from the list of fundamental rights by
44th amendment act 1978.
A legal right U/A 300-A was made and included in Part XII of the constitution.

  There are 6 groups of Fundamental Rights

 1. Right to Equality
Article -14 Equality before the law.
Article 15 Prohibition of discrimination on the  grounds of religion, race, caste, sex. or place of
birth.
Article 16- Equality of opportunity in matters of public employment.
Article 17- Abolition of the untouchability.
Article 18- Abolition of titles

 2. Right to Freedom
Article 19 -Guarantees to all the citizens the six rights and they are:six rights
Article 20 -Protection in respect of conviction for offences.

Article 21 Protection of life and personal liberty.

Article 22 Protection against arrest and detention in certain cases.

3. Right against exploitation

Article 23 - Prohibition of traffic in human beings and forced labor.

Article 24 - Prohibition of employment of children in factories and mines. Under age of 14.

4. Right to freedom of Religion

Article 25 - Freedom of conscience and free profession, practice and propagation of religion.

Article 26 - Freedom to manage religious affairs.

Article 27 - Freedom as to pay taxes for promotion of any particular religion.

Article 28 Freedom from attending religious instruction.

5. Cultural and Educational Rights

Article 29 - Protection of interest of minorities.

Article 30 Right of minorities to establish and administer educational institutions.

6. Right to Constitutional Remedies
Article 32 -Remedies for enforcement of Fundamental Rights.

Fundamental Duties

        • On the basis of recommendation of the Swarna Singh Committee, the Fundamental Duties    were incorporated into the Constitution in Part IVA under a new Article 51A  by the 42nd Amendment Act, 1976.

• Originally, there were ten Fundamental Duties, but now
it has been increased to eleven.

By the 86th Amendment Act, 2002, a new Fundamental
Duty has been incorporated.

Part 4: Directive Principal of States Policy:

• The DPSP has been dealt in Part IV of the Constitution under the Articles 36 to 51.

• It aims at the establishment of social and economic democracy or the establishment of a welfare state.
• They are non-justiciable, ie, the state is not bound to implement the provisions of the DPSP. Thus, they can not be enforced by the courts.
• Some of new DPSP have been added by the 42nd Amendment Act, 1976 and 44th Amendment
Act, 1978.


Article 36 - Definition

Article 37- Application of DPSP.

Article 39A - Equal justice and free legal aid.

Article 40-Organization of village panchayat.

Article 41 - Right to work, to education, and to public assistance in certain cases.

Article 43 – Living Wages, etc. for Workers.

Article 43A - Participation of workers in management of industries.

Article 44 Uniform civil code. ( applicable in Goa only).

Article 45 Provision for free and compulsory education for children.

Article 46 - Promotion of educational and economic interest of scheduled castes (SC),

scheduled tribes (ST), and OBC.

Article 47- Duty of the state to raise the level of nutrition and the standard of living and to

improve public health.

Article 48 Organization of agriculture and animal husbandry.

Article 49 - Protection of monuments and places and objects of natural importance.

Article 50 - Separation of judiciary from executive.

Article 51- Promotion of international peace and security.

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