India’s Constitution, a monumental document, comprises 449 articles classified into 25 sections. Initially, it featured 22 parts and 395 articles, along with eight schedules. Over time, numerous amendments have shaped its structure. Until October 2018, a total of 123 amendment bills were presented, with 102 amendments enacted.

Section I (Articles 1-4): Union and its Territories

The primary segment of our Constitution deals with the relationship between India’s states and the Union territories. It delineates India as “India, that is Bharat, shall be a Union of States” and lays out laws for the reorganization of states under a common parliamentary majority. This section also allows for the alteration of boundaries and renaming of states. Currently, India consists of 29 states and seven Union territories.

This section forms the basic structure of the Constitution and cannot be amended through Article 368. However, minor amendments akin to the 40th Amendment Act of 1976 can be made by substituting a new article, such as Article 297, enabling inclusion in the Union of all lands, minerals, and subsoil within the territorial waters or the continental shelf or the exclusive economic zone of India. An example of this amendment’s recent effect can be seen in the Andhra Pradesh Reorganization Act of 2014, which established Telangana as a new state.

Section II (Articles 5-11): Citizenship

This segment delineates who can or cannot acquire Indian citizenship. It comprises seven articles:

1. Citizenship at the commencement of the Constitution.
2. Rights of citizenship of certain persons who migrated to India from Pakistan.
3. Rights of citizenship of certain migrants to Pakistan.
4. Rights of citizenship of certain persons of Indian origin residing outside India.
5. Citizenship by voluntary acquisition of citizenship of another country.
6. Continuance of the rights of citizenship.
7. Parliament to regulate the rights of citizenship by law.

Utilizing the powers vested in Parliament by Article 11 of the Indian Constitution, a comprehensive law, the Citizenship Act of 1955, was enacted. This Act has been amended periodically to accommodate provisions whenever necessary. Primarily, India allows for single citizenship only, but the Citizenship Amendment Act of 2003 granted Indian-origin people the privilege of dual citizenship in 16 specific countries. Citizenship can also be acquired through:

• Birth within Indian territory.
• Birth to parents who were born within Indian territory.
• Residency within Indian territory for a minimum duration.

Section III (Articles 12-35): Fundamental Rights

This is the cornerstone of the Constitution, encompassing fundamental rights that safeguard a citizen’s core rights against direct or indirect infringement through legislation. While this section has been amenable to various debates, amendments, and political discourses, the Kesavananda Bharati case established that this section is part of the Constitution’s “basic structure” and can only be amended for affirmative and progressive reasons. However, these rights are subject to reasonable restrictions imposed by law. In emergency situations, some rights can be suspended.

Outlined below are explanations of some fundamental rights:

• Equality before the law: Every individual, including non-citizens, is equal before the law, ensuring uniform protection of laws within India’s territory.
• Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth: The framers of our Constitution aimed for an egalitarian society, ensuring that the state shall not discriminate based on religion, race, caste, sex, or place of birth. However, the state is not barred from making special provisions for the advancement of socially and educationally backward classes or Scheduled Castes and Scheduled Tribes under Article 29(2).
• Equality of opportunity in matters of public employment: Article 15 ensures equality in public employment, preventing discrimination based on race, religion, caste, sex, descent, place of birth, residence, or any of them.

Exploring Rights to Free Speech

The right to free speech, amidst the ongoing debates, holds a crucial stance. It’s essential to acknowledge its limitations concerning the sovereignty and integrity of India. The rightful prohibitions ensure the balance between individual rights and the nation’s security, foreign relations, public orders, and ethical considerations.

Protection in the Face of Offenses

The protection in honoring the belief in innocence until proven guilty prevents wrongful accusations or multiple punishments for the same offense. Upholding this safeguards against forced testimonies or coercion.

Preserving Life and Personal Liberty

The widest ambit of all fundamental rights lies within the preservation of life and personal liberty. The law ensures that no individual is deprived of their life or personal freedom arbitrarily. Education Rights Act 2005 mandates free and compulsory education for all children aged six to fourteen, emphasizing inclusivity.

Safeguards Against Arrest and Detention

Each arrested individual is to be presented before the nearest magistrate within twenty-four hours. The article resonates with the concept of habeas corpus.

Prohibition of Human Trafficking and Forced Labor

Article 23 pertains to the prohibition of exploitation, specifically human trafficking and forced labor.

Ban on Child Labor in Factories

Children under fourteen years are prohibited from employment in factories, mines, or hazardous occupations.

Right to Freedom of Religion

Respecting the freedom to practice and propagate religion remains pivotal.

Managing Religious Matters Independently

This right falls under public order, morality, and health.

Cultural and Educational Rights

Every citizen of India has the right to conserve their distinct language, script, or culture. Denying entry or aid based on state, wealth, caste, or language is prohibited.

Right to Constitutional Remedies

Dr. Ambedkar articulated the provision for remedies within the Indian Constitution. Any person can approach the High Court or Supreme Court to ensure their rights. The court holds the power to issue directions or writs for the enforcement of any right provided under this section.

Directive Principles of State Policy

These guidelines direct both the Union and State governments to frame laws promoting a healthier, law-abiding, and idealistic society. Inspired by the Irish Constitution, they enhance general welfare but aren’t enforceable through court decrees.

The obligations of citizens towards their nation, inspired by the Russian Constitution, constitute a significant aspect of civic duty. While these duties may not be enforceable in a court of law, it is anticipated that the people of India would willingly adhere to them. These duties, not a part of the original constitution but added by the 42nd Constitutional Amendment Act of 1976 based on recommendations by the Swaran Singh Committee, encompass:

Complying with the Constitution and Respecting Ideals and Institutions

Honoring and abiding by the great ideals that have inspired our nation’s struggle for independence.

Upholding the Sovereignty, Unity, and Integrity of India

Ensuring the preservation and defense of India’s sovereignty, unity, and integrity.

Serving the Country When Called Upon and Providing National Service

Contributing to the defense of the nation and providing national service when required.

Fostering a Sense of Fraternity Among All People of India

Promoting a sense of brotherhood amongst all the people of India.

Safeguarding the Rich Heritage of Our Comprehensive Culture

Preserving the diverse and rich heritage of our culture.

Protecting and Improving the Natural Environment

Conserving and enhancing the protection of the natural environment.

Fostering Scientific Temper, Humanism, and Inquiry

Encouraging the development of a scientific temper, humanism, and a spirit of inquiry.

Safeguarding Public Property

Taking responsibility for the protection of public property.

Striving for Excellence in All Fields of Individual and Collective Activity

Aiming for excellence in all domains of individual and collective endeavors.

Additionally, the 86th Constitutional Amendment Act of 2002 introduced another fundamental duty into the Indian Constitution, emphasizing the right to education, making it the duty of parents or guardians to provide educational opportunities to their children.

The 101st Amendment Act brought significant changes to the Indian tax landscape, particularly within the realm of Goods and Services Tax (GST). This article delves into two pivotal articles inserted in this amendment: Article 246 and 254, despite any parliamentary discussions, and the jurisdiction under Part 2 to legislate laws regarding taxes on goods and services imposed by the Union or states in each state’s legislature.

The Amendment’s Core Elements

Article 269A: Inter-State Trade

Article 269A emphasizes that in cases of inter-state trade, the tax will be levied and collected by the Indian government and will be apportioned between the Union and the states per the recommendation of the GST Council. It distinctly states that the collected revenue won’t be accumulated in the Consolidated Fund of India or a state but will be allocated to the respective state or the Centre.

Article 279A: Constitution of the GST Council

This amendment, articulated under Article 279A, stipulates the formation of the GST Council consisting of:

• Central Finance Minister as the Chairperson
• Minister of State for Revenue or Finance from the states
• One nominated member each from the states responsible for finance or revenue.

Segments Within the Amendment

Part XII (Articles 264 to 300-A): Finance, Property, Contracts, and Suits

Part XII primarily concerns the distribution of revenue, the appointment of a Finance Commission (as per Article 280), contracts, liabilities, taxes, consolidated funds, and grants between the Union and the states.

Part XIII (Articles 301 to 307): Trade, Commerce, and Intercourse Within the Territory of India

This section discusses the freedom of trade, commerce, and intercourse within the territory of India. It also highlights Parliament’s power to impose restrictions and delegate powers to the states in terms of trade and commerce.

Part XIV (Articles 308 to 323): Services Under the Union and States

Articles 308 to 314 outline the composition, functions, tenure, dismissal, and rank of the Central Public Service Commission. Meanwhile, Articles 315 to 323 elucidate the State Public Service Commission and its functions, appointments, tenure, dismissals, and ranks.

Part XIV-A (Articles 323A and 323B): Tribunals

This section revolves around administrative tribunals, their establishment, functions, jurisdiction, procedures, powers, and their application in disputes and complaints of central, state, or local government employees, introduced via the 42nd Amendment in 1976.

Part XVI (Articles 324 to 329A): Special Provisions Relating to Certain Classes

This segment relates to provisions concerning Scheduled Castes, Scheduled Tribes, and Anglo-Indian representation. It specifies reserved seats for people and legislative assemblies under Articles 330 and 332 for Scheduled Castes and Scheduled Tribes while Articles 331 and 333 reserve them for the Anglo-Indian community.

Part XVII (Articles 343 to 351): Official Language

Articles 343 states that Hindi in Devanagari script will be the official language of the Union. Articles 344 provides for a commission on the official language, and Articles 345 to 347 describe the roles of regional languages in legislation and bills in the Supreme Court, High Courts, and the use of languages.

Understanding Emergency Provisions in the Indian Constitution

When it comes to understanding the emergency provisions outlined in the Indian Constitution, it’s crucial to navigate through the intricate details and their implications. These provisions, spanning from Article 352 to Article 360, hold significant relevance in times of crisis and are borrowed from the German Constitution.

Article 352: Procurement of Emergency

Article 352 delineates the process of procuring an emergency and provides insights into various details related to the same. It’s followed by Article 353, which explicates the effects of such an emergency.

Article 354 to 359: Exercise of Powers and Legal Authorities during Emergency

Articles 354 to 359 delve into the practice of applications, duties, provisions, and legislative powers during an emergency period. Each article vividly describes the modus operandi during these crucial times.

Article 360: Financial Emergency Provisions

Article 360 specifically deals with provisions concerning financial emergencies, a critical aspect that requires a nuanced understanding.

Miscellaneous Sections

Moving on to the subsequent sections, Articles 361 to 367 touch upon various aspects related to security for the President and other functionaries, special rights of Indian states, definitions of terms used in the Constitution, temporary, transitional, and special provisions, providing a comprehensive framework.

Amendments and Limitations

Among the most critical powers conferred in the Constitution are those pertaining to amendments. The landmark case of Kesavananda Bharati vs. Kerala state delineates that the basic structure of the Constitution cannot be amended, a precedent that remains pivotal.

Temporary, Transitional, and Special Provisions

Articles 369 and 371 provide special powers and provisions for specific states, ensuring a balanced approach towards states’ autonomy and central governance.

Hindi Version and Commencement

Article 394 highlights the adoption and enforcement of the Constitution, emphasizing its commencement on January 26, 1950. It also stipulates the provision for the official text in Hindi.

Historical Context

Lastly, Article 395 repeals all laws endorsing the Indian Independence Act of 1947 and the Government of India Act of 1935, amalgamating various legislative aspects.