Constitution of India

The Constitution, article by article

Plain-English guides to the articles that shape Indian politics — from fundamental rights and directive principles to emergency provisions and the amendment procedure.

100 articles · 13 parts

Constitutional Amendments →
Part IIIFundamental RightsArticles 12–35
14Right to EqualityArticle 14 guarantees equality before the law and equal protection of laws to every person in India — citizen or non-citizen. It bars the state from making arbitrary distinctions and is the constitutional foundation for all anti-discrimination law.15Prohibition of DiscriminationArticle 15 bars the state from discriminating against citizens on grounds of religion, race, caste, sex, or place of birth. Clauses (3) and (4) — added over time — permit special provisions for women and for socially and educationally backward classes, making it both a prohibition and an enabling provision for affirmative action.Amended16Equality of Opportunity in Public EmploymentArticle 16 guarantees equal opportunity in government employment and is the constitutional basis for reservations in public jobs and promotions. Clause (4) permits reservations for backward classes; clause (4A) extends this to promotions for SCs/STs; and clause (4B) allows unfilled reserved vacancies to be carried forward.Amended19Freedom of Speech and ExpressionArticle 19 guarantees six freedoms to citizens — speech and expression, assembly, association, movement, residence, and profession. Each is subject to 'reasonable restrictions' that the state may impose. Clause (2) on speech restrictions is the most litigated and covers restrictions on sedition, defamation, public order, and national security.Amended21Right to Life and Personal LibertyArticle 21 is the most expansively interpreted provision in the Constitution. Originally read narrowly as protecting life and liberty against arbitrary state action, the Supreme Court has expanded it to include the right to privacy, dignity, livelihood, health, environment, and speedy trial — among dozens of other implied rights.21ARight to EducationArticle 21A — inserted by the 86th Amendment in 2002 — makes free and compulsory education for children aged 6 to 14 a fundamental right. It led to the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), which mandated 25% reservation in private schools for disadvantaged children.25Freedom of ReligionArticle 25 guarantees freedom of conscience and the right to profess, practise, and propagate religion. It is the core provision on religious freedom but is subject to public order, morality, and health — and to state regulation of economic, financial, political, or other secular activities associated with religious practice.32Right to Constitutional RemediesArticle 32 is the right to move the Supreme Court directly for enforcement of any fundamental right. B. R. Ambedkar called it the 'heart and soul of the Constitution.' It empowers the Court to issue writs — habeas corpus, mandamus, prohibition, certiorari, and quo warranto — and cannot be suspended except during an Emergency.12Definition of 'State'Article 12 defines the 'State' for the purposes of Part III, making Fundamental Rights enforceable not only against the central and state governments but also against Parliament, state legislatures, and 'other authorities' — a term courts have expanded to include statutory bodies, government-owned companies, and instrumentalities of the state.13Laws Inconsistent with Fundamental RightsArticle 13 declares that all pre-Constitution laws inconsistent with Fundamental Rights are void to the extent of the inconsistency, and prohibits the State from making laws that abridge Fundamental Rights. It is the constitutional foundation for judicial review of legislation in India.17Abolition of UntouchabilityArticle 17 abolishes untouchability in all its forms and makes its practice a punishable offence. It is one of the few Fundamental Rights that applies horizontally — binding private individuals, not just the State — and was a direct response to the caste-based discrimination that B. R. Ambedkar had fought throughout his life.20Protection in Respect of Conviction for OffencesArticle 20 provides three protections for persons accused of crimes: no ex post facto criminal law, no double jeopardy, and no compelled self-incrimination. These protections apply to all persons — citizen and non-citizen — and cannot be suspended even during a national emergency under Article 352.22Protection Against Arbitrary Arrest and DetentionArticle 22 grants a person who is arrested the right to be informed of the grounds of arrest, the right to consult a lawyer, and the right to be produced before a magistrate within 24 hours. It also permits preventive detention by law — a significant exception that has been controversial since the Constitution's framing.Amended23Prohibition of Traffic in Human Beings and Forced LabourArticle 23 prohibits trafficking in human beings, begar (forced unpaid labour), and all other similar forms of forced labour. It applies both to the State and to private individuals, making it one of the few Fundamental Rights with horizontal effect.24Prohibition of Employment of Children in FactoriesArticle 24 prohibits the employment of children below 14 years of age in any factory, mine, or other hazardous employment. Read with Article 21A (right to education for 6-14 year olds), it forms the constitutional core of India's child rights framework.29Protection of Interests of MinoritiesArticle 29 guarantees that any section of citizens having a distinct language, script, or culture has the right to conserve it, and that no citizen shall be denied admission to any state-maintained or state-aided educational institution on grounds of religion, race, caste, or language.30Right of Minorities to Establish Educational InstitutionsArticle 30 gives all religious and linguistic minorities the right to establish and administer educational institutions of their choice, and bars the state from discriminating against minority institutions when granting aid. It is one of the most litigated constitutional provisions, touching questions of reservations, regulation, and the nature of minority identity.Amended18Abolition of TitlesArticle 18 abolishes titles of honour, other than military or academic distinctions, and bars the state from conferring them. Indian citizens cannot accept titles from foreign states, and persons holding office under the state cannot accept presents or emoluments from foreign states without the President's consent.26Freedom to Manage Religious AffairsArticle 26 protects the rights of religious denominations and their sections to establish institutions, manage their own religious affairs, and own and administer property. These rights are subject to public order, morality, and health. It protects institutional religious freedom, as distinct from the individual freedom guaranteed by Article 25.27Freedom from Taxes for Promotion of ReligionArticle 27 prohibits the state from compelling anyone to pay taxes whose proceeds are specifically earmarked for promoting or maintaining a particular religion or religious denomination. It is a pillar of fiscal secularism, ensuring that public money does not flow to the promotion of any single faith.28Freedom from Religious Instruction in State InstitutionsArticle 28 bars religious instruction in educational institutions fully funded by the state. Institutions administered by the state but established under a religious endowment may provide religious instruction. Students at any state-recognised or state-aided institution cannot be compelled to attend religious instruction or worship without their consent, or the consent of their guardian if they are minors.31Compulsory Acquisition of PropertyArticle 31 originally guaranteed the right to property as a Fundamental Right, requiring compensation when the state compulsorily acquired private property. It was the most litigated provision in the Constitution's first three decades. A series of constitutional amendments progressively weakened and eventually deleted it; the 44th Amendment (1978) removed it from Part III entirely. Property rights now exist only under Article 300A as an ordinary legal right, not a fundamental right enforceable in the Supreme Court.Abrogated33Modification of Fundamental Rights for Armed ForcesArticle 33 empowers Parliament to restrict or abrogate Fundamental Rights for members of the armed forces, paramilitary forces, intelligence agencies, and associated telecommunications personnel, to the extent necessary for proper discharge of their duties and the maintenance of discipline.34Restriction on Fundamental Rights While Martial Law is in ForceArticle 34 allows Parliament to pass laws indemnifying persons, including government servants, for acts done in connection with maintaining or restoring order in an area under martial law, even if those acts technically violated Fundamental Rights. It also allows Parliament to validate sentences, punishments, and property deprivations ordered under martial law.35Legislation to Give Effect to Fundamental RightsArticle 35 reserves to Parliament, and denies to state legislatures, the power to make laws on certain specified Fundamental Rights matters, particularly those related to armed forces, emergency powers, and remedies. It also continues pre-constitutional laws in force in these areas until Parliament changes them.
Part IVDirective Principles of State PolicyArticles 36–51
36DefinitionArticle 36 defines 'the State' for the purposes of Part IV by incorporating the same definition used in Part III (Fundamental Rights). This means the Directive Principles apply to the central government, state governments, Parliament, state legislatures, and all local or other authorities within India or under its control.37Application of the principles contained in this PartArticle 37 clarifies the legal status of the Directive Principles: they are not enforceable in any court, but they are fundamental in the governance of the country and it is the duty of the state to apply them when making laws. They are the moral compass of Indian legislation, not justiciable entitlements.38State to secure a social order for the promotion of welfare of the peopleArticle 38 directs the state to promote the welfare of the people by securing a social order in which justice — social, economic, and political — permeates all institutions of national life. Clause (2), added in 1978, further directs the state to minimise inequalities in income and to eliminate inequalities in status, facilities, and opportunities among individuals and groups.39Certain principles of policy to be followed by the StateArticle 39 sets out six specific economic policy goals: equal right to an adequate livelihood for men and women, equitable distribution of material resources, prevention of dangerous concentration of wealth, equal pay for equal work, protection of the health of workers and children, and ensuring children have opportunities to develop in a healthy manner free from exploitation.39AEqual justice and free legal aidArticle 39A directs the state to ensure that the legal system promotes justice on a basis of equal opportunity and to provide free legal aid to citizens who cannot access justice due to economic or other disabilities. It is the constitutional foundation for India's legal services authority system.40Organisation of village panchayatsArticle 40 directs the state to take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. It is the constitutional seed of India's grassroots democratic system.41Right to work, to education and to public assistance in certain casesArticle 41 directs the state to make effective provision, within the limits of its economic capacity and development, for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, disablement, and other forms of undeserved want.42Provision for just and humane conditions of work and maternity reliefArticle 42 directs the state to make provisions for securing just and humane conditions of work and for maternity relief. It is the constitutional basis for labour welfare legislation and maternity benefit laws in India.43Living wage, etc., for workersArticle 43 directs the state to secure for all workers — agricultural, industrial, or otherwise — a living wage, decent conditions of life, full enjoyment of leisure and social and cultural opportunities, and in particular to promote cottage industries on an individual or cooperative basis in rural areas.43AParticipation of workers in management of industriesArticle 43A directs the state to take steps to secure the participation of workers in the management of undertakings, establishments, or other organisations engaged in any industry. It was inserted by the 42nd Amendment in 1976 and reflects the industrial democracy ideas that were gaining currency globally in that decade.43BPromotion of co-operative societiesArticle 43B directs the state to endeavour to promote voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies. It was added by the 97th Amendment in 2011, which also inserted a new Fundamental Right to form cooperative societies under Article 19(1)(c) and added Part IXB on cooperative societies.44Uniform civil code for the citizensArticle 44 directs the state to endeavour to secure for citizens a uniform civil code throughout the territory of India. It refers to a single national law governing personal matters such as marriage, divorce, inheritance, and adoption, replacing the separate personal laws currently applicable to different religious communities.45Provision for early childhood care and education to children below the age of six yearsArticle 45, as amended in 2002, directs the state to endeavour to provide early childhood care and education for all children until they complete the age of six years. The original article (1950) directed free and compulsory education for all children up to age 14, which was achieved through the 86th Amendment's addition of Article 21A.46Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sectionsArticle 46 directs the state to promote with special care the educational and economic interests of the weaker sections of the people, and in particular of the Scheduled Castes and Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.47Duty of the State to raise the level of nutrition and the standard of living and to improve public healthArticle 47 directs the state to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties, and in particular to endeavour to bring about prohibition of intoxicating drinks and drugs that are injurious to health.48Organisation of agriculture and animal husbandryArticle 48 directs the state to organise agriculture and animal husbandry on modern and scientific lines, and in particular to take steps for preserving and improving breeds of cattle and prohibiting the slaughter of cows, calves, and other milch and draught cattle.48AProtection and improvement of environment and safeguarding of forests and wild lifeArticle 48A directs the state to endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Inserted by the 42nd Amendment in 1976, it gave environmental protection constitutional status in India for the first time.49Protection of monuments and places and objects of national importanceArticle 49 imposes an obligation on the state to protect every monument, place, or object of artistic or historic interest declared by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal, or export.50Separation of judiciary from executiveArticle 50 directs the state to take steps to separate the judiciary from the executive in the public services of the state. It is the DPSP mandate for the independence of the subordinate judiciary from the executive branch of government.51Promotion of international peace and securityArticle 51 directs the state to endeavour to promote international peace and security, maintain just and honourable relations between nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by arbitration.
Part VThe UnionArticles 52–151
74Council of Ministers to Aid and Advise PresidentArticle 74 establishes that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, and that the President shall act in accordance with such advice. It is the constitutional foundation of the Westminster cabinet system and of the Prime Minister's supremacy over the President.Amended110Definition of Money BillsArticle 110 defines Money Bills — those dealing solely with taxation, borrowing, the Consolidated Fund, or appropriations — and gives the Lok Sabha exclusive power over them. The Rajya Sabha cannot amend or reject a Money Bill, only recommend changes that Lok Sabha may choose to ignore. The Speaker's certification of a bill as a Money Bill is final.123Power of President to Promulgate OrdinancesArticle 123 allows the President to promulgate Ordinances when Parliament is not in session if immediate legislative action is required. Ordinances have the same force as Acts of Parliament but must be laid before Parliament and expire after six weeks of Parliament's reassembly, unless approved. The President acts on Cabinet advice — ordinances are effectively executive legislation.124Establishment and Constitution of Supreme CourtArticle 124 establishes the Supreme Court of India, defines its composition (Chief Justice + up to 33 other judges), and sets the appointment process. The appointment of Supreme Court judges — initially by Presidential warrant on advice of the CJI — evolved through the Three Judges Cases into the collegium system, which remains deeply contested.Amended80Composition of the Council of States (Rajya Sabha)Article 80 defines the composition of the Rajya Sabha. It consists of up to 238 representatives of the states and union territories (elected indirectly by state legislative assemblies using the single transferable vote) and 12 members nominated by the President for distinguished service in science, art, literature, and social service.105Powers, Privileges and Immunities of Parliament and its MembersArticle 105 grants Parliament and its members immunity from legal proceedings in courts for anything said or any vote cast in Parliament. It also grants Parliament the power to define its own privileges by law. This article has been at the centre of debates about whether MPs can be prosecuted for accepting bribes related to their votes.112Annual Financial Statement (Union Budget)Article 112 requires the President to lay before Parliament an annual financial statement (the Union Budget) showing the estimated receipts and expenditure of the Government of India for each financial year. It is the constitutional basis for the annual budget presentation.52The President of IndiaArticle 52 establishes the office of President of India. The President is the constitutional head of the Union executive, meaning executive power is formally vested in the President even though real power is exercised by the Council of Ministers headed by the Prime Minister.53Executive Power of the UnionArticle 53 vests executive power of the Union in the President, who exercises it directly or through subordinate officers. It explicitly states that the President is the Supreme Commander of the Defence Forces.61Procedure for Impeachment of the PresidentArticle 61 sets out the procedure for removing the President. A charge of violating the Constitution must be preferred by either House of Parliament, passed by a two-thirds majority and a majority of total membership, and then investigated by the other House. No President of India has ever been impeached.72Power of President to Grant Pardons, Etc., and to Suspend, Remit or Commute Sentences in Certain CasesArticle 72 gives the President the power to grant pardons, reprieves, respites, remissions of punishment, and commutations of sentence in cases where the punishment was awarded by a court martial, in matters related to Union laws, and in all cases of death sentence.75Other Provisions as to MinistersArticle 75 establishes that the Prime Minister is appointed by the President, and other ministers are appointed by the President on the PM's advice. Ministers are collectively responsible to the Lok Sabha. Article 75 is the constitutional seat of the Prime Ministership.76Attorney-General for IndiaArticle 76 creates the office of the Attorney-General of India, the government's chief legal officer. The AG is appointed by the President on the advice of the Cabinet and has the right of audience in all courts in India.79Constitution of ParliamentArticle 79 establishes that there shall be a Parliament for the Union consisting of the President and two Houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).83Duration of Houses of ParliamentArticle 83 fixes the normal term of the Lok Sabha at five years and makes the Rajya Sabha a permanent house (not subject to dissolution). The Lok Sabha can be dissolved earlier by the President. During a national emergency, Parliament can extend its term by one year at a time.100Voting in Houses, Power of Houses to Act Notwithstanding Vacancies and QuorumArticle 100 governs voting in Parliament. A simple majority of those present and voting decides most matters (with the Speaker or Chairman having a casting vote). It specifies the quorum required for Parliament to conduct business, set at one-tenth of total membership.108Joint Sitting of Both Houses in Certain CasesArticle 108 provides a mechanism for resolving deadlocks between the Lok Sabha and Rajya Sabha. When one House has passed a bill and the other rejects it, fails to pass it, or disagrees on amendments, the President may call a joint sitting of both Houses. In a joint sitting, the Lok Sabha's larger size generally ensures its version prevails.131Original Jurisdiction of the Supreme CourtArticle 131 gives the Supreme Court exclusive original jurisdiction over disputes between the Government of India and one or more states, or between two or more states. No other court can hear these inter-governmental disputes.141Law Declared by Supreme Court to be Binding on All CourtsArticle 141 makes the law declared by the Supreme Court binding on all courts within India. It is the constitutional basis for the doctrine of precedent in India's legal system, meaning a lower court cannot ignore what the Supreme Court has decided.143Power of President to Consult Supreme CourtArticle 143 allows the President to refer a question of law or fact of public importance to the Supreme Court for its advisory opinion. The Supreme Court may give its opinion, which while not binding, carries great weight.148Comptroller and Auditor-General of IndiaArticle 148 creates the office of the Comptroller and Auditor-General (CAG) of India, who audits the accounts of the Union and states and reports to Parliament. The CAG is appointed by the President and can only be removed by the same process as a Supreme Court judge, ensuring independence from the executive.
Part VIThe StatesArticles 152–237
226Power of High Courts to Issue WritsArticle 226 empowers every High Court to issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto to enforce fundamental rights and for any other purpose, against any person or authority, including the government, within its territorial jurisdiction. It is broader than Article 32, which covers only fundamental rights enforcement by the Supreme Court.153Article 153 — Governors of StatesArticle 153 establishes the office of Governor for each state. One person may be appointed Governor of two or more states.154Article 154 — Executive Power of StateArticle 154 vests the executive power of a state in the Governor, who exercises it directly or through subordinate officers in accordance with the Constitution. Like the President at the Union level, the Governor exercises executive power formally but acts on Cabinet advice.163Article 163 — Council of Ministers to Aid and Advise GovernorArticle 163 establishes that a Council of Ministers headed by the Chief Minister shall aid and advise the Governor, who shall act in accordance with that advice. It carves out limited discretion for the Governor where the Constitution expressly requires individual judgment.164Article 164 — Other Provisions as to MinistersArticle 164 provides that the Chief Minister is appointed by the Governor, and other ministers are appointed by the Governor on the CM's advice. Ministers are collectively responsible to the state Legislative Assembly. The article also specifies that the CM must hold office during the Governor's pleasure.200Article 200 — Assent to Bills by GovernorArticle 200 sets out what the Governor does when a bill is passed by the state legislature. The Governor may assent, withhold assent, return the bill for reconsideration, or reserve the bill for the President's consideration. If the legislature passes the bill again after return, the Governor must assent (but has no such obligation if the bill was reserved for the President).213Article 213 — Power of Governor to Promulgate OrdinancesArticle 213 gives the Governor power to promulgate Ordinances when the state legislature is not in session, if the Governor is satisfied that circumstances require immediate action. Ordinances have the same force as Acts of the state legislature but expire unless approved within six weeks of the legislature's next session.
Part XIRelations between Union and StatesArticles 245–263
262Adjudication of Disputes Relating to Waters of Inter-State RiversArticle 262 empowers Parliament to provide by law for the adjudication of disputes relating to the use, distribution, or control of waters of inter-state rivers. It also permits Parliament to exclude the jurisdiction of the Supreme Court over such disputes. It is the constitutional basis for river water tribunals such as the Cauvery Water Disputes Tribunal and the Krishna Water Disputes Tribunal.245Article 245 — Extent of Laws Made by Parliament and by the Legislatures of StatesArticle 245 defines the geographic scope of laws made by Parliament (extend to the whole of India or any part of it) and state legislatures (extend to the whole state or any part of it). Parliament may also make extra-territorial laws.246Article 246 — Subject-Matter of Laws Made by Parliament and by Legislatures of StatesArticle 246 divides legislative subjects between Parliament and state legislatures using three lists in the Seventh Schedule: List I (Union List, Parliament only), List II (State List, states only), and List III (Concurrent List, both may legislate, with Central law prevailing on conflict).248Article 248 — Residuary Powers of LegislationArticle 248 gives Parliament the residuary power to make laws on any subject not listed in the State List or the Concurrent List. Unlike many federal constitutions (such as the US, where residual power goes to states), India's residual power goes to the Centre.249Article 249 — Power of Parliament to Legislate with Respect to a Matter in the State List in the National InterestArticle 249 allows the Rajya Sabha, by a two-thirds majority, to pass a resolution stating that it is necessary in the national interest for Parliament to legislate on a State List subject. When such a resolution passes, Parliament can make laws on that State List subject for up to one year (renewable).253Article 253 — Legislation for Giving Effect to International AgreementsArticle 253 empowers Parliament to make laws implementing international treaties, agreements, and conventions, even if the subject matter would ordinarily fall in the State List. It overrides the normal federal division of powers to the extent needed to honour international obligations.