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GA Notes :Notes on Indian Constitution Parts and Schedules : 26th November 2019

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Indian Constitution Parts and Schedules
Constitution Day (National Law Day), also known as Samvidhan Divas, is celebrated in India on 26 November every year to commemorate the adoption of the Constitution of India. On 26 November 1949, the Constituent Assembly of India adopted the Constitution of India, and it came into effect on 26 January 1950. Since then, the day is celebrated as Republic Day.
However, before 1950, 26 January was called Independence Day. Since 26 January 1930, it was the day on which thousands of people, in villages, in mohallas, in towns, in small and big groups would take the independence pledge, committing themselves to the complete independence of India from British rule. It was only fitting that the new republic should come into being on that day, marking from its very inception the continuity between the struggle for independence and the adoption of the Constitution that made India a Republic.
  • Originally the constitution contained 395 articles divided in 22 parts and 8 schedules.
  • At present there are, 448 articles in 25 parts, 12 schedules.

The numbering still remains the same but as and when the constitution is amended, new articles are added below original articles with suffix A, B, C etc. For example, when our constitution was amended for adjusting the Right to Education, a new Article 21A was inserted below Article 21.

Parts of Indian Constitution:

Part Subject Articles
Part I The Union and its territory Art. 1 to 4
Part II Citizenship Art. 5 to 11
Part III Fundamental Rights Art. 12 to 35
Part IV Directive Principles Art. 36 to 51
Part IVA Fundamental Duties Art. 51A
Part V The Union

Chapter I – The Executive (Art.52 to 78)
Chapter II – Parliament (Art.79 to 122)
Chapter III – Legislative Powers of President (Art.123)
Chapter IV – The Union Judiciary (Art. 124 to 147)
Chapter V – Comptroller and Auditor-General of India (Art.148 to 151)
Art. 52 to 151
Part VI The States

Chapter I – General (Art.152)
Chapter II – The Executive (Art.153 to 167)
Chapter III – The State Legislature (Art.168 to 212)
Chapter IV – Legislative Powers of Governor (Art.213)
Chapter V – The High Courts (Art.214 to 232)
Chapter VI – Subordinate Courts (Art.233 to 237)
Art. 152 to 237
Part VII States in the B part of the First schedule
Repealed by Const. (7th Amendment) Act, 1956
Part VIII The Union Territories Art. 239 to 242
Part IX The Panchayats Art. 243 to 243O
Part IXA The Muncipalities Art. 243P to 243ZG
Part IXB Co-operative Societies Art. 243H to 243ZT
Part X The Scheduled and Tribal Areas Art. 244 to 244A
Part XI Relations between the Union and the States

Chapter I – Legislative Relations (Art.245 to 255)
Chapter II – Administrative Relations (Art.256 to 263)
Art. 245 to 263
Part XII Finance, Property, Contracts and Suits

Chapter I – Finance (Art.264 to 291)
Chapter II – Borrowing (Art.292 to 293)
Chapter III – Property, Contracts, Rights, Liabilities, Obligations and Suits (Art.294 to 300)
Chapter IV – Right to Property (Art.300-A)
Art. 264 to 300A
Part XIII Trade, Commerce and Intercourse within the Territory of India Art. 301 to 307
Part XIV Services under the Union and the States Art. 308 to 323
Part XIVA Tribunals Art. 323A to 323B
Part XV Elections Art. 324 to 329A
Part XVI Special provisions relation to certain classes Art. 330 to 342
Part XVII Official Language

Chapter I – Language of the Union (Art.343 to 344)
Chapter II – Regional Languages (Art.345 to 347)
Chapter III-Language of the Supreme Court, High Courts, and so on (Art.348 to 349)
Chapter IV-Special Directives (Art.350 to 351)
Art. 343 to 351
Part XVIII Emergency Provisions Art. 352 to 360
Part XIX Miscellaneous Art. 361 to 367
Part XX Amendment of the Constitution Art. 368
Part XXI Temporary, Transitional and Special Provisions Art. 369 to 392
Part XXII Short title, commencement, authoritative text in Hindi and repeals Art. 393 to 395

Indian Constitution Schedules:

Indian Constitution originally had eight schedules. Four more schedules were added by different amendments, now making a total tally of twelve. Schedules are basically tables which contains additional details not mentioned in the articles.
Indian Constitution Schedules 1 to 12
First schedule  The list of states and union territories and their territories
Second schedule – Provisions of the President, Governors of States, Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State, the Judges of the Supreme Court and of the High Courts and the Comptroller and Auditor-General of India the list of states and union territories and their territories.
Third Schedule – The Forms of Oaths or Affirmations.
Fourth Schedule – Provisions as to the allocation of seats in the Council of States.
Fifth Schedule – Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes.
Sixth Schedule – Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.
Seventh Schedule – The Union list, State list and the concurrent list.
Eighth Schedule – The list of recognized languages.
Ninth Schedule – Provisions as to validation of certain Acts and Regulations.
Tenth Schedule – Provisions as to disqualification on ground of defection.
Eleventh Schedule The powers, authority and responsibilities of Panchayats.
Twelfth Schedule – The powers, authority and responsibilities of Municipalities.

Article 20 and 21 in Indian Constitution

In the light of the bitter experience of the June 1975 emergency the Constitution (Forty Fourth Amendment) Act, 1978 was passed. Several salutary changes were made in the emergency provisions, the most significant of which was the amendment made to Article 359 to the effect that fundamental rights guaranteed by Articles 20 and 21 of the Constitution could not be suspended during emergency by a Presidential Order under Article 359. Article 20 provides for protection in respect of retrospective criminal laws, double jeopardy and self-incrimination. Article 21 guarantees that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies

Let us discuss Article 20 and 21 in detail-

Article 20[Protection in Respect of Conviction for Offences]-

  • The Article 20 is one of the pillars of fundamental rights guaranteed by the Constitution of India. It mainly deals with protection of certain rights in case of conviction for offences.
  • Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation.
  • It contains three provisions in that direction:

(a) No ex-post-facto law: 
Article 20 protects individuals against ex post facto legislation. i.e. No person shall be (i) convicted of any offence except for violation of a law in force at the time of the commission of the act, nor (ii) subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act.

(b)No double jeopardy: 
The Constitution of India prohibits double punishment for the same offence. i.e. No person shall be prosecuted and punished for the same offence more than once.

Note-

  • Although Article 20 disapproves of the doctrine of ‘Double Jeopardy’, it does not give immunity from proceedings before a court of law or tribunal. Hence, a public servant who has been punished for an offence in a court of law may yet be subjected to departmental proceedings for the same offence. 
  • Also, the Article does not prevent subsequent trial and conviction for another offence even if the two offences have some common aspects. 

(c) No self-incrimination: 
The immunity from self-incrimination is conferred in the Article 20(3) i.e. No person accused of any offence shall be compelled to be a witness against himself.
In short, no individual can be forced to accuse himself.

Note-
The Article 20 (3) can be rightfully used as an anchor only by those accused of an offence and against whom an FIR has been lodged, which in normal course would result in prosecution.

Article 21[Protection of Life and Personal Liberty]-

  • Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens.
  • Article 21 secures two rights:

1)  Right to life
2) Right to personal liberty

  • The Supreme Court of India in the famous Gopalan Case (1950) held that protection under Article 21 is available only against arbitrary executive action and not against arbitrary legislative action.
  • It clarified that if personal liberty of an individual is taken away by a law, the validity of the law cannot be questioned.
  • However, in the Maneka Gandhi Case (1973) the Supreme Court overruled its judgement in the Gopalan Case by widely interpreting Article 21.
  • It stated that protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action by introducing the American concept of ‘due process of law’. 
  • It pronounced the expression ‘Personal Liberty’ in Article 21 is of the widest amplitude and it covers a wide range of rights that go to constitute the personal liberties of a man.

The Supreme Court has reaffirmed its judgement in the Menaka case in the subsequent cases. It has declared the following rights as part of Article 21:
(1) Right to live with human dignity.
(2) Right to decent environment including pollution free water and air and protection against hazardous industries.
(3) Right to livelihood.
(4) Right to privacy.
(5) Right to shelter.
(6) Right to health.
(7) Right to free education up to 14 years of age.
(8) Right to free legal aid.
(9) Right against solitary confinement.
(10) Right to speedy trial.
(11) Right against handcuffing.
(12) Right against inhuman treatment.
(13) Right against delayed execution.
(14) Right to travel abroad.
(15) Right against bonded labour.
(16) Right against custodial harassment.
(17) Right to emergency medical aid.
(18) Right to timely medical treatment in government hospital.
(19) Right not to be driven out of a state.
(20) Right to fair trial.
(21) Right of prisoner to have necessities of life.
(22) Right of women to be treated with decency and dignity.
(23) Right against public hanging.
(24) Right to hearing.
(25) Right to information.
(26) Right to reputation.
(27) Right of appeal from a judgement of conviction
(28) Right to social security and protection of the family
(29) Right to social and economic justice and empowerment
(30) Right against bar fetters
(31) Right to appropriate life insurance policy
(32) Right to sleep
(33) Right to freedom from noise pollution
(34) Right to electricity

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