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| [ | |
| { | |
| "chapter": "Preamble", | |
| "chapter_title": "Preamble", | |
| "section": "Preamble", | |
| "section_title": "Preamble to the Constitution of India", | |
| "section_desc": "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION." | |
| }, | |
| { | |
| "chapter": "Part I: The Union and its Territory", | |
| "chapter_title": "Part I: The Union and its Territory", | |
| "section": "1", | |
| "section_title": "Name and territory of the Union", | |
| "section_desc": "(1) India, that is Bharat, shall be a Union of States. (2) The States and the territories thereof shall be as specified in the First Schedule. (3) The territory of India shall comprise: (a) the territories of the States; (b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired." | |
| }, | |
| { | |
| "chapter": "Part I: The Union and its Territory", | |
| "chapter_title": "Part I: The Union and its Territory", | |
| "section": "2", | |
| "section_title": "Admission or establishment of new States", | |
| "section_desc": "Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit." | |
| }, | |
| { | |
| "chapter": "Part I: The Union and its Territory", | |
| "chapter_title": "Part I: The Union and its Territory", | |
| "section": "3", | |
| "section_title": "Formation of new States and alteration of areas, boundaries or names of existing States", | |
| "section_desc": "Parliament may by law: (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State: Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference." | |
| }, | |
| { | |
| "chapter": "Part II: Citizenship", | |
| "chapter_title": "Part II: Citizenship", | |
| "section": "5", | |
| "section_title": "Citizenship at the commencement of the Constitution", | |
| "section_desc": "At the commencement of this Constitution, every person who has his domicile in the territory of India and: (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India." | |
| }, | |
| { | |
| "chapter": "Part II: Citizenship", | |
| "chapter_title": "Part II: Citizenship", | |
| "section": "9", | |
| "section_title": "Persons voluntarily acquiring citizenship of a foreign State not to be citizens", | |
| "section_desc": "No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State." | |
| }, | |
| { | |
| "chapter": "Part II: Citizenship", | |
| "chapter_title": "Part II: Citizenship", | |
| "section": "11", | |
| "section_title": "Parliament to regulate the right of citizenship by law", | |
| "section_desc": "Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "12", | |
| "section_title": "Definition of State", | |
| "section_desc": "In this Part, unless the context otherwise requires, 'the State' includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "13", | |
| "section_title": "Laws inconsistent with or in derogation of the fundamental rights (Judicial Review)", | |
| "section_desc": "(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. (3) In this article, unless the context otherwise requires: (a) 'law' includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) 'laws in force' includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed. (4) Nothing in this article shall apply to any amendment of this Constitution made under article 368." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "14", | |
| "section_title": "Equality before law and equal protection of the laws", | |
| "section_desc": "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Principle: Article 14 strikes at arbitrariness in state action and ensures fairness, non-discrimination, and equal treatment of persons similarly situated. Reasonable classification is permissible provided it is founded on an intelligible differentia which distinguishes persons or things grouped together from others left out, and the differentia has a rational nexus to the object sought to be achieved." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "15", | |
| "section_title": "Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth", | |
| "section_desc": "(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to: (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. (5) Nothing in this article shall prevent the State from making special provisions relating to admission to educational institutions including private institutions, whether aided or unaided by the State, other than minority educational institutions. (6) Nothing in this article shall prevent the State from making special provisions for the advancement of any economically weaker sections of citizens." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "16", | |
| "section_title": "Equality of opportunity in matters of public employment", | |
| "section_desc": "(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment. (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. (4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes. (6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "17", | |
| "section_title": "Abolition of Untouchability", | |
| "section_desc": "'Untouchability' is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of 'Untouchability' shall be an offence punishable in accordance with law." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "18", | |
| "section_title": "Abolition of titles", | |
| "section_desc": "(1) No title, not being a military or academic distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State. (3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "19", | |
| "section_title": "Protection of certain rights regarding freedom of speech, etc. (Six Freedoms)", | |
| "section_desc": "(1) All citizens shall have the right: (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions or co-operative societies; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (g) to practise any profession, or to carry on any occupation, trade or business. (2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. (3) Nothing in sub-clause (b) of the said clause shall prevent the State from imposing reasonable restrictions in the interests of the sovereignty and integrity of India or public order. (4) Nothing in sub-clause (c) of the said clause shall prevent the State from imposing reasonable restrictions in the interests of the sovereignty and integrity of India or public order or morality. (5) Nothing in sub-clauses (d) and (e) of the said clause shall prevent the State from imposing reasonable restrictions either in the interests of the general public or for the protection of the interests of any Scheduled Tribe. (6) Nothing in sub-clause (g) of the said clause shall prevent the State from imposing reasonable restrictions in the interests of the general public, or prescribing professional or technical qualifications, or carrying on by the State of any trade, business, industry or service to the exclusion of citizens." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "20", | |
| "section_title": "Protection in respect of conviction for offences (Ex-post facto, Double Jeopardy, Self-Incrimination)", | |
| "section_desc": "(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence (Protection against ex-post facto penal laws). (2) No person shall be prosecuted and punished for the same offence more than once (Protection against double jeopardy). (3) No person accused of any offence shall be compelled to be a witness against himself (Protection against self-incrimination). Constitutional Principle: Clause (1) strictly prohibits the retrospective operation of criminal legislation, ensuring that acts committed prior to July 1, 2024 cannot be penalized under the Bharatiya Nyaya Sanhita (BNS) 2023 but must be governed by the Indian Penal Code 1860." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "21", | |
| "section_title": "Protection of life and personal liberty (Substantive Due Process & Expanded Rights)", | |
| "section_desc": "No person shall be deprived of his life or personal liberty except according to procedure established by law. Constitutional Jurisprudence: As interpreted in Maneka Gandhi v. Union of India, the procedure must be 'just, fair and reasonable' and not fanciful, oppressive or arbitrary. Article 21 encompasses a wide repository of implied fundamental rights including: the Right to Privacy (K.S. Puttaswamy), Right to Livelihood (Olga Tellis), Right to Speedy Trial (Hussainara Khatoon), Right to Clean Environment (M.C. Mehta), Right to Free Legal Aid (M.H. Hoskot), Right to Dignity in Death, and Protection against custodial torture (D.K. Basu)." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "21A", | |
| "section_title": "Right to education", | |
| "section_desc": "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "22", | |
| "section_title": "Protection against arrest and detention in certain cases", | |
| "section_desc": "(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply: (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention. (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "23", | |
| "section_title": "Prohibition of traffic in human beings and forced labour", | |
| "section_desc": "(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "24", | |
| "section_title": "Prohibition of employment of children in factories, etc.", | |
| "section_desc": "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "25", | |
| "section_title": "Freedom of conscience and free profession, practice and propagation of religion", | |
| "section_desc": "(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law: (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. Explanation 1: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. Explanation 2: In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "26", | |
| "section_title": "Freedom to manage religious affairs", | |
| "section_desc": "Subject to public order, morality and health, every religious denomination or any section thereof shall have the right: (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "27", | |
| "section_title": "Freedom as to payment of taxes for promotion of any particular religion", | |
| "section_desc": "No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "28", | |
| "section_title": "Freedom as to attendance at religious instruction or religious worship in certain educational institutions", | |
| "section_desc": "(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (3) No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "29", | |
| "section_title": "Protection of interests of minorities", | |
| "section_desc": "(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "30", | |
| "section_title": "Right of minorities to establish and administer educational institutions", | |
| "section_desc": "(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. (1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause. (2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "31A", | |
| "section_title": "Saving of laws providing for acquisition of estates, etc.", | |
| "section_desc": "(1) Notwithstanding anything contained in article 13, no law providing for: (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights; or (b) the taking over of the management of any property by the State for a limited period; or (c) the amalgamation of two or more corporations; or (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "31B", | |
| "section_title": "Validation of certain Acts and Regulations (Ninth Schedule)", | |
| "section_desc": "Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part. Constitutional Doctrine: In I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court ruled that laws placed in the Ninth Schedule after April 24, 1973 are subject to judicial review and will be struck down if they violate the basic structure of the Constitution as reflected in Articles 14, 19, and 21." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "31C", | |
| "section_title": "Saving of laws giving effect to certain directive principles", | |
| "section_desc": "Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in clause (b) or clause (c) of article 39 shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19." | |
| }, | |
| { | |
| "chapter": "Part III: Fundamental Rights", | |
| "chapter_title": "Part III: Fundamental Rights", | |
| "section": "32", | |
| "section_title": "Remedies for enforcement of rights conferred by this Part (Supreme Court Writs)", | |
| "section_desc": "(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. Constitutional Ratio: Described by Dr. B.R. Ambedkar as the 'heart and soul' of the Constitution. Article 32 itself is a fundamental right, guaranteeing immediate access to the highest court of the land for the vindication of Part III liberties." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "36", | |
| "section_title": "Definition", | |
| "section_desc": "In this Part, unless the context otherwise requires, 'the State' has the same meaning as in Part III." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "37", | |
| "section_title": "Application of the principles contained in this Part", | |
| "section_desc": "The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "38", | |
| "section_title": "State to secure a social order for the promotion of welfare of the people", | |
| "section_desc": "(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. (2) The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "39", | |
| "section_title": "Certain principles of policy to be followed by the State", | |
| "section_desc": "The State shall, in particular, direct its policy towards securing: (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "39A", | |
| "section_title": "Equal justice and free legal aid", | |
| "section_desc": "The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Statutory Expression: Manifested through the Legal Services Authorities Act, 1987 (NALSA, SLSA, DLSA) and established as an integral component of Article 21 in M.H. Hoskot v. State of Maharashtra." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "40", | |
| "section_title": "Organisation of village panchayats", | |
| "section_desc": "The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "41", | |
| "section_title": "Right to work, to education and to public assistance in certain cases", | |
| "section_desc": "The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "42", | |
| "section_title": "Provision for just and humane conditions of work and maternity relief", | |
| "section_desc": "The State shall make provision for securing just and humane conditions of work and for maternity relief." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "43", | |
| "section_title": "Living wage, etc., for workers", | |
| "section_desc": "The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "43A", | |
| "section_title": "Participation of workers in management of industries", | |
| "section_desc": "The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "44", | |
| "section_title": "Uniform civil code for the citizens", | |
| "section_desc": "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "45", | |
| "section_title": "Provision for early childhood care and education to children below the age of six years", | |
| "section_desc": "The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "46", | |
| "section_title": "Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections", | |
| "section_desc": "The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "47", | |
| "section_title": "Duty of the State to raise the level of nutrition and the standard of living and to improve public health", | |
| "section_desc": "The State shall 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, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "48A", | |
| "section_title": "Protection and improvement of environment and safeguarding of forests and wild life", | |
| "section_desc": "The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "50", | |
| "section_title": "Separation of judiciary from executive", | |
| "section_desc": "The State shall take steps to separate the judiciary from the executive in the public services of the State." | |
| }, | |
| { | |
| "chapter": "Part IV: Directive Principles of State Policy", | |
| "chapter_title": "Part IV: Directive Principles of State Policy", | |
| "section": "51", | |
| "section_title": "Promotion of international peace and security", | |
| "section_desc": "The State shall endeavour to: (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and (d) encourage settlement of international disputes by arbitration." | |
| }, | |
| { | |
| "chapter": "Part IVA: Fundamental Duties", | |
| "chapter_title": "Part IVA: Fundamental Duties", | |
| "section": "51A", | |
| "section_title": "Fundamental duties", | |
| "section_desc": "It shall be the duty of every citizen of India: (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Executive", | |
| "chapter_title": "Part V: The Union - The Executive", | |
| "section": "52", | |
| "section_title": "The President of India", | |
| "section_desc": "There shall be a President of India." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Executive", | |
| "chapter_title": "Part V: The Union - The Executive", | |
| "section": "53", | |
| "section_title": "Executive power of the Union", | |
| "section_desc": "(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Executive", | |
| "chapter_title": "Part V: The Union - The Executive", | |
| "section": "72", | |
| "section_title": "Power of President to grant pardons, etc., and to suspend, remit or commute sentences", | |
| "section_desc": "(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence: (a) in all cases where the punishment or sentence is by a Court Martial; (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; (c) in all cases where the sentence is a sentence of death. (2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Executive", | |
| "chapter_title": "Part V: The Union - The Executive", | |
| "section": "74", | |
| "section_title": "Council of Ministers to aid and advise President", | |
| "section_desc": "(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. (2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Executive", | |
| "chapter_title": "Part V: The Union - The Executive", | |
| "section": "75", | |
| "section_title": "Other provisions as to Ministers", | |
| "section_desc": "(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. (1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of the total number of members of the House of the People. (2) The Ministers shall hold office during the pleasure of the President. (3) The Council of Ministers shall be collectively responsible to the House of the People." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Executive", | |
| "chapter_title": "Part V: The Union - The Executive", | |
| "section": "76", | |
| "section_title": "Attorney-General for India", | |
| "section_desc": "(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. (2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President. (3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India. (4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - Parliament", | |
| "chapter_title": "Part V: The Union - Parliament", | |
| "section": "105", | |
| "section_title": "Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof", | |
| "section_desc": "(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament. (2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings. (3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - Legislative Powers of the President", | |
| "chapter_title": "Part V: The Union - Legislative Powers of the President", | |
| "section": "123", | |
| "section_title": "Power of President to promulgate Ordinances during recess of Parliament", | |
| "section_desc": "(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance: (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament; (b) may be withdrawn at any time by the President." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Union Judiciary", | |
| "chapter_title": "Part V: The Union - The Union Judiciary", | |
| "section": "124", | |
| "section_title": "Establishment and constitution of Supreme Court", | |
| "section_desc": "(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than thirty-three other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal on the recommendation of the National Judicial Appointments Commission / Collegium and shall hold office until he attains the age of sixty-five years. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Union Judiciary", | |
| "chapter_title": "Part V: The Union - The Union Judiciary", | |
| "section": "129", | |
| "section_title": "Supreme Court to be a court of record (Contempt Powers)", | |
| "section_desc": "The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Union Judiciary", | |
| "chapter_title": "Part V: The Union - The Union Judiciary", | |
| "section": "131", | |
| "section_title": "Original jurisdiction of the Supreme Court (Federal Disputes)", | |
| "section_desc": "Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute: (a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Union Judiciary", | |
| "chapter_title": "Part V: The Union - The Union Judiciary", | |
| "section": "136", | |
| "section_title": "Special leave to appeal by the Supreme Court (SLP)", | |
| "section_desc": "(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces. Jurisprudential Scope: An extraordinary and plenary power exercisable against any judicial or quasi-judicial finding to prevent grave miscarriage of justice." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Union Judiciary", | |
| "chapter_title": "Part V: The Union - The Union Judiciary", | |
| "section": "137", | |
| "section_title": "Review of judgments or orders by the Supreme Court", | |
| "section_desc": "Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Union Judiciary", | |
| "chapter_title": "Part V: The Union - The Union Judiciary", | |
| "section": "141", | |
| "section_title": "Law declared by Supreme Court to be binding on all courts (Doctrine of Precedent)", | |
| "section_desc": "The law declared by the Supreme Court shall be binding on all courts within the territory of India. Constitutional Doctrine: Establishes the rule of stare decisis and judicial hierarchy in India. The ratio decidendi of a Supreme Court judgment operates as binding law of the land, requiring strict adherence by all High Courts, subordinate tribunals, and public administrative authorities across the nation." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Union Judiciary", | |
| "chapter_title": "Part V: The Union - The Union Judiciary", | |
| "section": "142", | |
| "section_title": "Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. (Complete Justice)", | |
| "section_desc": "(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Union Judiciary", | |
| "chapter_title": "Part V: The Union - The Union Judiciary", | |
| "section": "143", | |
| "section_title": "Power of President to consult Supreme Court (Advisory Jurisdiction)", | |
| "section_desc": "(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon. (2) The President may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion." | |
| }, | |
| { | |
| "chapter": "Part V: The Union - The Union Judiciary", | |
| "chapter_title": "Part V: The Union - The Union Judiciary", | |
| "section": "144", | |
| "section_title": "Civil and judicial authorities to act in aid of the Supreme Court", | |
| "section_desc": "All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The Executive", | |
| "chapter_title": "Part VI: The States - The Executive", | |
| "section": "153", | |
| "section_title": "Governors of States", | |
| "section_desc": "There shall be a Governor for each State: Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The Executive", | |
| "chapter_title": "Part VI: The States - The Executive", | |
| "section": "154", | |
| "section_title": "Executive power of State", | |
| "section_desc": "(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The Executive", | |
| "chapter_title": "Part VI: The States - The Executive", | |
| "section": "161", | |
| "section_title": "Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences", | |
| "section_desc": "The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The Executive", | |
| "chapter_title": "Part VI: The States - The Executive", | |
| "section": "163", | |
| "section_title": "Council of Ministers to aid and advise Governor", | |
| "section_desc": "(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. (2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The Executive", | |
| "chapter_title": "Part VI: The States - The Executive", | |
| "section": "165", | |
| "section_title": "Advocate-General for the State", | |
| "section_desc": "(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State. (2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor. (3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - Legislative Power of the Governor", | |
| "chapter_title": "Part VI: The States - Legislative Power of the Governor", | |
| "section": "213", | |
| "section_title": "Power of Governor to promulgate Ordinances during recess of Legislature", | |
| "section_desc": "(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The High Courts in the States", | |
| "chapter_title": "Part VI: The States - The High Courts in the States", | |
| "section": "214", | |
| "section_title": "High Courts for States", | |
| "section_desc": "There shall be a High Court for each State." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The High Courts in the States", | |
| "chapter_title": "Part VI: The States - The High Courts in the States", | |
| "section": "215", | |
| "section_title": "High Courts to be courts of record (Contempt Powers)", | |
| "section_desc": "Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The High Courts in the States", | |
| "chapter_title": "Part VI: The States - The High Courts in the States", | |
| "section": "217", | |
| "section_title": "Appointment and conditions of the office of a Judge of a High Court", | |
| "section_desc": "(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold office until he attains the age of sixty-two years." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The High Courts in the States", | |
| "chapter_title": "Part VI: The States - The High Courts in the States", | |
| "section": "225", | |
| "section_title": "Jurisdiction of existing High Courts", | |
| "section_desc": "Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, shall be the same as immediately before the commencement of this Constitution." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The High Courts in the States", | |
| "chapter_title": "Part VI: The States - The High Courts in the States", | |
| "section": "226", | |
| "section_title": "Power of High Courts to issue certain writs (Writ Jurisdiction)", | |
| "section_desc": "(1) Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories. (3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1) without: (a) furnishing to such party copies of such petition; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order, the High Court shall dispose of the application within a period of two weeks. Constitutional Distinction: The scope of Article 226 is broader than Article 32, as it enables High Courts to issue writs not only for the enforcement of Fundamental Rights (Part III) but also 'for any other purpose', including enforcement of ordinary legal and statutory rights." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The High Courts in the States", | |
| "chapter_title": "Part VI: The States - The High Courts in the States", | |
| "section": "227", | |
| "section_title": "Power of superintendence over all courts by the High Court", | |
| "section_desc": "(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. (2) Without prejudice to the generality of the foregoing provision, the High Court may: (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces. Judicial Scope: Superintendence under Article 227 is both administrative and judicial, empowering High Courts to correct jurisdictional errors, patent illegalities, and perversity in findings of subordinate civil and criminal courts and administrative tribunals." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - The High Courts in the States", | |
| "chapter_title": "Part VI: The States - The High Courts in the States", | |
| "section": "228", | |
| "section_title": "Transfer of certain cases to High Court", | |
| "section_desc": "If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may: (a) either dispose of the case itself; or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - Subordinate Courts", | |
| "chapter_title": "Part VI: The States - Subordinate Courts", | |
| "section": "233", | |
| "section_title": "Appointment of district judges", | |
| "section_desc": "(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State. (2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment." | |
| }, | |
| { | |
| "chapter": "Part VI: The States - Subordinate Courts", | |
| "chapter_title": "Part VI: The States - Subordinate Courts", | |
| "section": "235", | |
| "section_title": "Control over subordinate courts", | |
| "section_desc": "The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court." | |
| }, | |
| { | |
| "chapter": "Part XI: Relations Between the Union and the States", | |
| "chapter_title": "Part XI: Relations Between the Union and the States", | |
| "section": "245", | |
| "section_title": "Extent of laws made by Parliament and by the Legislatures of States", | |
| "section_desc": "(1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State. (2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation." | |
| }, | |
| { | |
| "chapter": "Part XI: Relations Between the Union and the States", | |
| "chapter_title": "Part XI: Relations Between the Union and the States", | |
| "section": "246", | |
| "section_title": "Subject-matter of laws made by Parliament and by the Legislatures of States (Seventh Schedule)", | |
| "section_desc": "(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (Union List). (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (Concurrent List). (3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State with respect to any of the matters enumerated in List II in the Seventh Schedule (State List). (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List." | |
| }, | |
| { | |
| "chapter": "Part XI: Relations Between the Union and the States", | |
| "chapter_title": "Part XI: Relations Between the Union and the States", | |
| "section": "248", | |
| "section_title": "Residuary powers of legislation", | |
| "section_desc": "(1) Subject to article 246A, Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists." | |
| }, | |
| { | |
| "chapter": "Part XI: Relations Between the Union and the States", | |
| "chapter_title": "Part XI: Relations Between the Union and the States", | |
| "section": "254", | |
| "section_title": "Inconsistency between laws made by Parliament and laws made by the Legislatures of States (Repugnancy)", | |
| "section_desc": "(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. (2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State." | |
| }, | |
| { | |
| "chapter": "Part XI: Relations Between the Union and the States", | |
| "chapter_title": "Part XI: Relations Between the Union and the States", | |
| "section": "262", | |
| "section_title": "Adjudication of disputes relating to waters of inter-State rivers or river valleys", | |
| "section_desc": "(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley. (2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1)." | |
| }, | |
| { | |
| "chapter": "Part XII: Finance, Property, Contracts and Suits", | |
| "chapter_title": "Part XII: Finance, Property, Contracts and Suits", | |
| "section": "265", | |
| "section_title": "Taxes not to be imposed save by authority of law", | |
| "section_desc": "No tax shall be levied or collected except by authority of law." | |
| }, | |
| { | |
| "chapter": "Part XII: Finance, Property, Contracts and Suits", | |
| "chapter_title": "Part XII: Finance, Property, Contracts and Suits", | |
| "section": "299", | |
| "section_title": "Contracts", | |
| "section_desc": "(1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct or authorise. (2) Neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution." | |
| }, | |
| { | |
| "chapter": "Part XII: Finance, Property, Contracts and Suits", | |
| "chapter_title": "Part XII: Finance, Property, Contracts and Suits", | |
| "section": "300", | |
| "section_title": "Suits and proceedings", | |
| "section_desc": "(1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted." | |
| }, | |
| { | |
| "chapter": "Part XII: Finance, Property, Contracts and Suits", | |
| "chapter_title": "Part XII: Finance, Property, Contracts and Suits", | |
| "section": "300A", | |
| "section_title": "Persons not to be deprived of property save by authority of law (Right to Property)", | |
| "section_desc": "No person shall be deprived of his property save by authority of law. Constitutional Position: Inserted by the 44th Constitutional Amendment Act, 1978 after omitting Article 31. While the right to property ceased to be a Part III Fundamental Right, it remains a vital Constitutional, statutory, and human right. In Vidya Devi v. State of H.P. (2020) and Sukh Dutt Ratra v. State of H.P. (2022), the Supreme Court ruled that forcible dispossession of private property without statutory procedure, due process, and compensation violates Article 300A and is remediable via writ petitions under Article 226 of the Constitution." | |
| }, | |
| { | |
| "chapter": "Part XIII: Trade, Commerce and Intercourse", | |
| "chapter_title": "Part XIII: Trade, Commerce and Intercourse", | |
| "section": "301", | |
| "section_title": "Freedom of trade, commerce and intercourse", | |
| "section_desc": "Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free." | |
| }, | |
| { | |
| "chapter": "Part XIV: Services Under the Union and the States", | |
| "chapter_title": "Part XIV: Services Under the Union and the States", | |
| "section": "309", | |
| "section_title": "Recruitment and conditions of service of persons serving the Union or a State", | |
| "section_desc": "Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article." | |
| }, | |
| { | |
| "chapter": "Part XIV: Services Under the Union and the States", | |
| "chapter_title": "Part XIV: Services Under the Union and the States", | |
| "section": "310", | |
| "section_title": "Tenure of office of persons serving the Union or a State (Doctrine of Pleasure)", | |
| "section_desc": "(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union, holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State." | |
| }, | |
| { | |
| "chapter": "Part XIV: Services Under the Union and the States", | |
| "chapter_title": "Part XIV: Services Under the Union and the States", | |
| "section": "311", | |
| "section_title": "Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State", | |
| "section_desc": "(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. (2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry: Provided further that this clause shall not apply: (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry." | |
| }, | |
| { | |
| "chapter": "Part XIVA: Tribunals", | |
| "chapter_title": "Part XIVA: Tribunals", | |
| "section": "323A", | |
| "section_title": "Administrative tribunals", | |
| "section_desc": "(1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government. (2) A law made under clause (1) may: (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1). Note: In L. Chandra Kumar v. Union of India (1997), the Supreme Court struck down the exclusion of High Court writ jurisdiction, holding that judicial review under Articles 226 and 227 is an inviolable basic feature of the Constitution, and decisions of tribunals are subject to scrutiny before a Division Bench of the High Court." | |
| }, | |
| { | |
| "chapter": "Part XV: Elections", | |
| "chapter_title": "Part XV: Elections", | |
| "section": "324", | |
| "section_title": "Superintendence, direction and control of elections to be vested in an Election Commission", | |
| "section_desc": "(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission)." | |
| }, | |
| { | |
| "chapter": "Part XV: Elections", | |
| "chapter_title": "Part XV: Elections", | |
| "section": "326", | |
| "section_title": "Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage", | |
| "section_desc": "The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election." | |
| }, | |
| { | |
| "chapter": "Part XVIII: Emergency Provisions", | |
| "chapter_title": "Part XVIII: Emergency Provisions", | |
| "section": "352", | |
| "section_title": "Proclamation of Emergency (National Emergency)", | |
| "section_desc": "(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation. (2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation. (3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank under article 75) that such a Proclamation may be issued has been communicated to him in writing." | |
| }, | |
| { | |
| "chapter": "Part XVIII: Emergency Provisions", | |
| "chapter_title": "Part XVIII: Emergency Provisions", | |
| "section": "356", | |
| "section_title": "Provisions in case of failure of constitutional machinery in States (President's Rule)", | |
| "section_desc": "(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation: (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor; (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament; (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation. Constitutional Landmark: S.R. Bommai v. Union of India (1994) established that the exercise of power under Article 356 is subject to judicial review, floor tests are mandatory to assess majority, and secularism is part of the basic structure." | |
| }, | |
| { | |
| "chapter": "Part XVIII: Emergency Provisions", | |
| "chapter_title": "Part XVIII: Emergency Provisions", | |
| "section": "358", | |
| "section_title": "Suspension of provisions of article 19 during emergencies", | |
| "section_desc": "(1) While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation, nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take: Provided that where such Proclamation of Emergency is in operation only in any part of the territory of India, such power shall only be exercised in relation to that part." | |
| }, | |
| { | |
| "chapter": "Part XVIII: Emergency Provisions", | |
| "chapter_title": "Part XVIII: Emergency Provisions", | |
| "section": "359", | |
| "section_title": "Suspension of the enforcement of the rights conferred by Part III during emergencies (Non-derogable Articles 20 & 21)", | |
| "section_desc": "(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except articles 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order. Constitutional Safeguard: Post the 44th Amendment Act, 1978, the enforcement of Article 20 (protection against ex-post facto laws, double jeopardy, self-incrimination) and Article 21 (Right to Life and Personal Liberty) can NEVER be suspended even during the gravest national emergency." | |
| }, | |
| { | |
| "chapter": "Part XVIII: Emergency Provisions", | |
| "chapter_title": "Part XVIII: Emergency Provisions", | |
| "section": "360", | |
| "section_title": "Provisions as to financial emergency", | |
| "section_desc": "(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect. (2) During the period any such Proclamation is in operation, the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, including reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the State or Union, including the Judges of the Supreme Court and the High Courts." | |
| }, | |
| { | |
| "chapter": "Part XX: Amendment of the Constitution", | |
| "chapter_title": "Part XX: Amendment of the Constitution", | |
| "section": "368", | |
| "section_title": "Power of Parliament to amend the Constitution and procedure therefor (Basic Structure Doctrine)", | |
| "section_desc": "(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article. (2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill. (4) No amendment of this Constitution made or purporting to have been made under this article shall be called in question in any court on any ground. (5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article. Constitutional Doctrine: In Kesavananda Bharati v. State of Kerala (1973) and Minerva Mills v. Union of India (1980), the Supreme Court struck down clauses (4) and (5) of Article 368, holding that Parliament's constituent power to amend the Constitution is limited and cannot alter or destroy the 'Basic Structure' of the Constitution (including Supremacy of the Constitution, Rule of Law, Separation of Powers, Judicial Review, Secularism, Federalism, and Fundamental Rights under Part III)." | |
| } | |
| ] |