Polity; Statehood, Preamble, Article part 1,2,3,4 and 4(a)

by
  • Under state reorganization act, 1956 passed by the parliament 14 states and 6 union territories were created on 1st November, 1956.
  • New states created after 1956 were –
Maharashtra and Gujarat1960
Dadar and Nagar Haveli, Goa and Daman Diu1961
Pondicherry1962
Nagaland1963
Haryana and Chandigarh1966
Himachal Pradesh1971
Manipur, Tripura and Meghalaya1972
Sikkim1975
Mizoram and Arunachal Pradesh1987
Chhattisgarh, Uttarakhand and Jammu & Kashmir2000
Telangana2014
  • Preamble amendment was done only once so far in 1976, by the 42nd constitutional amendment act which added three new words Socialist, Secular and Integrity.
  • Preamble amendment question arose in the Keshavananda Bharti case in 1973.
  • Currently there are 465 articles divided into 25 parts along with 12 schedules.
  • Part 1 (article 1 to 4) – deals with union and its territories
    • Article 1 – describes India as union of states.
    • Article 2 – admission or establishment of new states.
    • Article 3 – formation of new states and alteration of areas, boundaries or names of the existing states.
  • Part 2 (article 5 to 11) – deals with the Citizenship.
    • Article 5 – citizenship at the commencement of the constitution.
    • Article 6 – right of citizenship of certain persons who have migrated to India from Pakistan.
    • Article 7 – of certain migrants to Pakistan.
    • Article 8 – of certain persons of Indian origin residing outside India.
    • Article 9 – person voluntarily acquiring citizenship of a foreign state, not to be citizens.
    • Article 10 – continuance of the rights of citizenship.
    • Article 11 – parliament to regulate the right of citizenship by law.
  • Part 3 (article 12 to 35) – fundamental rights are described. (Magna Carta of India)
    • Article 12 – definition of state.
    • Article 13 – laws inconsistent with or in derogation of the fundamental rights.
    • Article 14 to 18 – describes right to equality.
    • Article 19 to 22 – describes right to freedom.
      • Article 19 – guarantees freedom to the citizen of India.
      • Article 20 – gives protection in respect of conviction for offences.
      • Article 21 – gives protection of life and liberty to both citizen and non citizens.
      • Article 20 and article 21 remains in force during emergency.
      • Article 21(A) – right to education from age 6 to 14 years was made a fundamental right by 86th amendment, 2002.
    • Article 23 and 24 – describes right against exploitation.
      • Article 24 – no child below age 14 can be employed.
    • Article 25 to 28 – right to freedom of religion.
    • Article 29 to 31 – describes cultural and educational rights.
      • Article 31 – right to property, it was repealed by the 44th amendment act, 1978. Now it is only a legal right.
    • Article 32 – describes right to constitutional remedies.
    • Article 00 – right to information under RTI act, 2005.  Came into force on 12th Oct, 2005.
  • Part 4 (article 36 to 51) – directive principles of state policy.
    • Article 36 to 39 – deals with socio economic principles.
    • Article 40, 43, 45 and 48 – Gandhian principles.
      • Article 48 – deals with the prevention of the slaughter of cows and other milk cattle.
    • Article 44 to 51 – western liberal principles.
      • Article 44 – states a uniform civil code.
      • Article 45 – provision of free and compulsory education for children up to age 14. (added by 86th amendment act 2002)
      • Article 50 – states separation of judiciary from executive.
      • Article 51 – promotion of international peace and security.
  • Part 4 (A) –
    • Article 51 (a) – describes the fundamental duties.
      • Formed on the recommendation of Swarn singh committee, they were added by 42nd amendment act, 1976.
error: Content is protected !!