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Facts About the Constitution of India that Every Law Aspirant Must Know

Sukriti Vajpayee
Sukriti VajpayeeUpdated On: May 15, 2020 06:35 am IST

This article contains all the important aspects of the Constitution of India that every law aspirant must be aware of.

Constitution of India

The Constitution of India is vast and has many areas that every Indian citizen should be aware of. In fact, it is of utmost importance for every law aspirant to know the Indian Constitution extremely well as it forms the basis of their education and profession. In view of the vastness of the Constitution of India, it is understandable that students cannot possibly memorise each and every page by heart and produce citations whenever necessary. However, there are certain parts of the constitution that every individual who wishes to practise law in India and make a career in law must have deep knowledge of.

This article contains some important aspects and parts of the Constitution of India that every law aspirant must know. There are interesting facts about the constitution along with the details of some articles and sections. The students who are planning to pursue higher education in the field of law must go through this article as it will provide them with a concise knowledge of the Indian constitution.

Some Interesting Facts About the Constitution of India

  • The Constitution of India is the longest and the most voluminous constitution in the world.
  • The Preamble of the India Constitution was inspired by the Preamble and Constitution of the United States of America.
  • The original copies of the Indian Constitution were not typed or printed. They were handwritten and are now kept in a helium-filled case in the library of the Parliament.
  • Prem Bihari Narain Raizada had written the original copies of the Constitution of India.
  • The fundamental rights that are recognised by the Constitution of India were adopted from the fundamental rights of the American Constitution.
  • A total of 283 members of the constituent assembly had signed the original Constitution of India.
  • The Constitution of India is one of the best and most honoured constitutions in the world.
  • The concept of the five - year plan was taken from the concept of the five planning commission of the Soviet Union or the USSR (Union of Soviet Socialist Republics).
  • There are still about 2.18 crore cases that are pending in the distinct and high courts of India.
  • There are almost 22.2 million people under Trial in India which is more than the total population of the Netherlands.
  • Originally, the Constitution of India was written in English and Hindi.
  • The English version of the Indian Constitution has 1,17,369 words.
  • Every page of the Constitution of India was decorated by artists from Shantiniketan.
  • The Constituent Assembly had met for the first time on 9 December 1946.
  • Writing the Constitution of India and completing it had taken almost three years.
  • There were 2,000 amendments that were made in the first draft of the Constitution of India.
  • The final draft of the Indian Constitution was ready on 26 November 1949.
  • The Constitution of India was signed on 24 January 1950.
  • The Constitution of India was legally enforced on 26 January 1950.
  • The Indian Constitution has borrowed many things from the constitutions of other countries including Japan, Germany, the USSR, the USA, France, etc.
  • As of January 2019, there were only 103 amendments made in the Constitution of India ever since it was enforced.

Important Articles of the Constitution of India

Some Articles of the Indian Constitution have more importance over others. A list of the important Articles of the Constitution of India has been given below along with the details contained in that Article. It is essential that every law aspirant knows these Articles in depth.

Article

What it is About

Article 12 - 35

Specifies the Fundamental Rights of the constitution

Article 36 - 51

Specifies the Directive Principles of state policy

Article 51A

Specifies the Fundamental Duties of every citizen

Article 80

Specifies the number of seats in the Rajya Sabha

Article 81

Specifies the number of seats in the Lok Sabha

Article 343

Hindi as the official language

Article 356

The imposition of President’s Rule in states

Article 370

Special status to Kashmir

Article 395

Repeals India Independence Act and Government of India Act, 1935

Part 1 - Article 1 to Article 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 the name of existing states

Part 2 - Article 5 to Article 11

Article 5

Citizenship at the commencement of the constitution

Article 6

Rights of citizenship of a certain person who has migrated to India from Pakistan

Article 10

Continuance of rights of citizenship

Article 11

Parliament to regulate the right of citizenship by law

Part 3 - Article 12 to Article 35

Article 12

Definition of the state
Article 13

Laws that are inconsistent with or in derogation of the fundamental rights

Originally, the constitution had provided for 7 basic fundamental rights but now there are only six rights. The Right to Property U/A 31 was deleted from the list of fundamental rights by 44th amendment act 1978. It made a legal right U/A 300-A in Part XII of the constitution.

Fundamental Rights of the Constitution of India

The section of the fundamental rights of the Constitution of India is one of the most important parts of it. Candidates can find the fundamental rights explained in brief below.

Right to Equality: Article 14 to Article 18

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

Right to Freedom: Article 19 to Article 22

  • Six rights are guaranteed to all the citizens in Article 19 of the Constitution of India.
  1. Right to freedom of speech and expression.
  2. Right to assemble peacefully and without arms.
  3. Right to form associations or unions.
  4. Right to move freely throughout the territory of India.
  5. Right to reside and settle in any part of the territory of India.
  6. Right to practice any profession or to carry on any occupation, trade, and business.
  • Article 20 - Protection in respect of conviction for offences.
  • Article 21 - Protection of life and personal liberty.
  • Article 21A - Right to education
  • Article 22 - Protection against arrest and detention in certain cases.

Right Against Exploitation: Article 23 and Article 24

  • Article 23 - Prohibition of traffic in human beings and forced labour.
  • Article 24 - Prohibition of employment of children in factories and mines under the age of 14.

Right to Freedom of Religion: Article 25 to Article 28

  • 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.

Cultural and Educational Rights: Article 29 and Article 30

  • Article 29 - Protection of interest of minorities.
  • Article 30 - Right of minorities to establish and administer educational institutions.
  • Article 32 - Remedies for enforcement of Fundamental Rights.

Also Read:Corporate Lawyer Vs Practising Lawyer - Which is Better?

Part 4 - Directive Principles of State Policy: Art 36 to art. 51

  • Article 36 - Definition
  • Article 37 - Application of DPSP
  • Article 39A - Equal justice and free legal aid
  • Article 40 - Organisation 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 the management of industries.
  • Article 44 - Uniform civil code (applicable only in Goa)
  • Article 45 - Provision for free and compulsory education for children.
  • Article 46 - Promotion of educational and economic interest of scheduled castes, 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 - Organisation of agriculture and animal husbandry.
  • Article 49 - Protection of monuments and places and objects of natural importance.
  • Article 50 - Separation of judiciary from the executive.
  • Article 51 - Promotion of international peace and security.

Fundamental Duties: Part 4 A (Article 51A)

Originally, the Fundamental Duties comprised 10 duties but now, by the 86th Amendment Act of 2002, it contains 11 duties.

Part 5 - Union ( 52-151)

  • Article 52 - The President of India
  • Article 53 - Executive Power of the union
  • Article 54 - Election of President
  • Article 61- Procedure for Impeachment of the President
  • Article 63 - The Vice-president of India
  • Article 64 - The Vice-President to be ex-officio chairman the Council of States
  • Article 66 - Election of Vice-president
  • Article 72 - Pardoning powers of President
  • Article 74 - Council of Ministers to aid and advise the President
  • Article 76 - Attorney-General for India
  • Article 79 - Constitution of Parliament
  • Article 80 - Composition of Rajya Sabha
  • Article 81 - Composition of Lok Sabha
  • Article 83 - Duration of Houses of Parliament
  • Article 93 - The speakers and Deputy speakers of the house of the people
  • Article 105 - Powers, Privileges, etc of the House of Parliament
  • Article 109 - Special procedure in respect of money bills
  • Article 110 - Definition of “Money Bills”
  • Article 112 - Annual Financial Budget
  • Article 114 - Appropriation Bills
  • Article 123 - Powers of the President to promulgate Ordinances during recess of parliament
  • Article 124 - Establishment of the Supreme Court
  • Article 125 - Salaries of Judges
  • Article 126 - Appointment of acting Chief justice
  • Article 127 - Appointment of ad-hoc judges
  • Article 128 - Attendance of a retired judge at sitting of the Supreme Court
  • Article 129 - Supreme court to be a court of Record
  • Article 130 - Seat of the Supreme Court
  • Article 136 - Special leaves for appeals to the Supreme Court
  • Article 137 - Review of judgement or orders by the Supreme court
  • Article 141 - Decision of the Supreme Court binding on all the courts
  • Article 148 - Comptroller and Auditor- General of India
  • Article 149 - Duties and Powers of CAG

Part 6 - States (Articles 152 to 237)

  • Article 153 - Governors of State
  • Article 154 - Executive Powers of Governor
  • Article 161 - Pardoning powers of the Governor
  • Article 165 - Advocate-General of the State
  • Article 213 - Power of Governor to promulgate ordinances
  • Article 214 - High Courts for states
  • Article 215 - High Courts to be a court of record
  • Article 226 - Power of High Courts to issue certain writs
  • Article 233 - Appointment of District Judges
  • Article 235 - Control over Sub-ordinate Courts

Part 7 - Article 238 - Repealed

Part 8 - Article 239 to Article 242 - Union Territories

Part 9 - Article 243 to Article 243 O - Panchayats

  • Article 243A - Gram Sabha
  • Article 243B - Constitution of Panchayats

Part 9A - Article 243 P to Article 243 ZG - Municipalities

Part 9B - Article 243 ZH to Article 243 ZT - Co-Operative Societies

Part 10 - Article 244 - Scheduled and Tribal Areas

Part 11 - Article 245 to Article 263 - Center State Relations

Part 12 - Article 264 to Article 300A - Finance, Property, Contracts and Suits

  • Article 266 - Consolidated Fund and Public Accounts Fund
  • Article 267 - Contingency Fund of India
  • Article 280 - Finance Commission
  • Article 300A - Right to property

Part 13 - Article 301 to Article 307 - Trade, Commerce and Intercourse within the Territories of India

  • Article 301 - Freedom to trade, commerce, and intercourse
  • Article 302 - Power of Parliament to impose restrictions on trade, commerce, and intercourse

Part 14 - Article 308 to Article 323 - Services Under Center and State

  • Article 312 - All India Service
  • Article 315 - Public service commissions for the union and for the states
  • Article 320 - Functions of the Public Service Commission

Part 14A - Article 323A and Article 323B - Tribunals

  • Article 323A - Administrative Tribunals

Part 15 - Article 324 to Article 329 - Elections

  • Article 324 - Superintendence, direction and control of elections to be vested in an Election Commission
  • Article 325 - No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.
  • Article 326 - Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.

Part 16 - Article 330 to Article 342 - Special Provisions to SC, ST, OBC, Minorities etc.

  • Article 338 - National Commission for the SC, & ST
  • Article 340 - Appointment of a commission to investigate the conditions of backward classes

Part 17 - Article 343 to Article 351 - Official Language

  • Article 343 - Official languages of the Union.
  • Article 345 - Official languages or languages of states.
  • Article 348 - Languages to be used in the Supreme Court and in the High Courts.
  • Article 351 - Directive for development of the Hindi languages.

Part 18 - Article 353 to Article 360 - Emergency

  • Article 352 - Proclamation of emergency ( National Emergency).
  • Article 356 - State Emergency (President’s Rule)
  • Article 360 - Financial Emergency

Part 19 - Article 361 to Article 367 - Miscellaneous

  • Article 361 - Protection of President and Governors

Part 20 - Article 368 - Amendment of Constitution

  • Article 368 - Powers of Parliaments to amend the constitution.

Part 21 - Article 369 to Article 392 - Special, Transitional and Temporary Provisions

  • Article 370 - Special provision of J&K
  • Article 371A - Special provision with respect to the State of Nagaland
  • Article 371-J: Special Status for Hyderabad-Karnataka region

Part 22 - Article 392 to Article 395 - Short Text, Commencement, Authoritative Text in Hindi and Repeals

  • Article 393 - Short title: This Constitution may be called the Constitution of India.

Also Read:Functions of the BCI that Every Law Aspirant Must Know

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