Thursday, January 17, 2013

Structure of Indian Constitution


The Constitution, in its current form, consists of a preamble, 25 parts containing 463  articles, 12 schedules, 2 appendices and 97 amendments to date (latest being related to co-operative societies added in part IX(B) in 2012).  Although it is federal in nature it also has a strong unitary bias.

Parts

The individual Articles of the Constitution are grouped together into the following Parts:

·         Preamble
·         Part IUnion and its Territory
·         Part II – Citizenship.
·         Part IIIFundamental Rights.
·         Part IV – Directive Principles of State Policy.
·         Part IVA – Fundamental Duties.
·         Part V – The Union.   
·         Part VI – The States.
·         Part VII – States in the B part of the First schedule (Repealed).
·         Part VIII – The Union Territories
·         Part IX – The Panchayats.
·         Part IXA – The Municipalities.
·         Part IXB – The Cooperative Societies
·         Part X – The scheduled and Tribal Areas
·         Part XI – Relations between the Union and the States.
·         Part XII – Finance, Property, Contracts and Suits
·         Part XIII – Trade and Commerce within the territory of India
·         Part XIV – Services Under the Union, the States.
·         Part XIVA – Tribunals.
·         Part XV – Elections
·         Part XVI – Special Provisions Relating to certain Classes.
·         Part XVII – Languages
·         Part XVIII – Emergency Provisions
·         Part XIX – Miscellaneous
·         Part XX – Amendment of the Constitution
·         Part XXI – Temporary, Transitional and Special Provisions
·         Part XXII – Short title, date of commencement, Authoritative text in Hindi and Repeals
Schedules
Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.
  • First Schedule (Articles 1 and 4)- This lists the states and territories of India, lists any changes to their borders and the laws used to make that change.
  • Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221) – This lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India.
  • Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219)—Forms of Oaths – This lists the oaths of offices for elected officials and judges.
  • Fourth Schedule (Articles 4 and 80) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.
  • Fifth Schedule (Article 244) – This provides for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).
  • Sixth Schedule (Articles 244 and 275) — Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
  • Seventh Schedule (Article 246)—The union (central government), state, and concurrent lists of responsibilities.
  • Eighth Schedule (Articles 344 and 351)—The official languages.
  • Ninth Schedule (Article 31-B) – Originally Articles mentioned here were immune from judicial review on the ground that they violated fundamental rights. but in a landmark judgment in 2007, the Supreme Court of India held in I.R. Coelho v. State of Tamil Nadu and others that laws included in the 9th schedule can be subject to judicial review if they violated the fundamental rights guaranteed under Article 14, 15, 19, 21 or the basic structure of the Constitution
  • Tenth Schedule (Articles 102 and 191)—"Anti-defection" provisions for Members of Parliament and Members of the State Legislatures.
  • Eleventh Schedule (Article 243-G)—Panchayat Raj (rural local government).
  • Twelfth Schedule (Article 243-W)—Municipalities (urban local government).


No comments:

Post a Comment