Indian Constitution
What the document is: adoption, commencement, and how its Parts, Articles and Schedules are arranged
Scope: an overview of the document and its structure; its features and philosophy are covered in the note on its nature and salient features.
In one minute
The Constitution of India is the written fundamental law of the country. The Constituent Assembly adopted it on 26 November 1949, and it came into force on 26 January 1950.
It began with 395 Articles, 22 Parts and 8 Schedules. Amendments have since added Parts, letter-numbered Articles and four Schedules. Exams ask for these facts and the subject of each Part.
Exam focus
- Frequency: No data
- Usually asked as: No data
Legal provision
- Article 393: the short title is "the Constitution of India".
- Article 394: some Articles came into force at once, and the rest on 26 January 1950, called the "commencement of this Constitution".
- Article 394A: the President publishes an authoritative Hindi text, signed by members of the Constituent Assembly and updated for later amendments.
- Article 395: the Indian Independence Act, 1947 and the Government of India Act, 1935 are repealed.
Meaning and definition
The Indian Constitution is the single document that sets up the Union and the States, lists the rights of the people, and states how the country is governed. It opens with the Preamble, runs through Articles grouped into Parts, and ends with the Schedules.
- The Constitution of India
- PreambleThe aims and source of authority
- 25 PartsArticles 1 to 395, with letter-numbered additions such as 21A and 51A
- 12 SchedulesLists, forms and tables that the Articles refer to
Detailed explanation
Step 1: adoption and commencement
The Constituent Assembly adopted the Constitution on 26 November 1949. Under Article 394, the rest came into force on 26 January 1950. The Assembly held its last session on 24 January 1950.
Step 2: size and numbering
The Constitution began with 395 Articles in 22 Parts and 8 Schedules. Later amendments inserted new Articles with letters, such as Articles 21A and 51A, so the numbering still ends at 395. Part VII was omitted. Four Parts were added: IVA, IXA, IXB and XIVA. The Constitution now has 25 Parts.
Example. The right to education was added as Article 21A, between Articles 21 and 22. No old Article had to be renumbered.
Step 3: the Parts at a glance
| Parts | Subject | Articles |
|---|---|---|
| I and II | Union and its territory; citizenship | 1 to 11 |
| III, IV and IVA | Fundamental Rights; Directive Principles; Fundamental Duties | 12 to 51A |
| V to VIII | The Union; the States; Part VII omitted; Union territories | 52 to 242 |
| IX to X | Panchayats, Municipalities, Co-operative Societies; Scheduled and Tribal Areas | 243 to 244A |
| XI to XIII | Union-State relations; finance, property and contracts; trade and commerce | 245 to 307 |
| XIV to XVII | Services and Tribunals; elections; special provisions for certain classes; official language | 308 to 351 |
| XVIII and XIX | Emergency provisions; miscellaneous | 352 to 367 |
| XX to XXII | Amendment; temporary and transitional provisions; short title, commencement and repeals | 368 to 395 |
Step 4: the Schedules
- First: the States and Union territories. Second: pay of the President, Governors, Judges and others. Third: forms of oaths.
- Fourth: seats in the Council of States. Fifth: Scheduled Areas and Scheduled Tribes. Sixth: tribal areas in Assam, Meghalaya, Tripura and Mizoram.
- Seventh: the Union, State and Concurrent Lists. Eighth: languages. Ninth: validation of certain Acts.
- Tenth: disqualification for defection. Eleventh: Panchayats. Twelfth: Municipalities.
Don't confuse: Part, Article and Schedule
| Term | What it is | Example |
|---|---|---|
| Part | A group of Articles on one subject | Part III: Fundamental Rights |
| Article | One numbered provision | Article 14: equality before the law |
| Schedule | A list, form or table placed after the Articles | Seventh Schedule: the legislative Lists |
Inside the concept. Article 246 says Parliament has exclusive power over the Union List. The List itself is in the Seventh Schedule.
Just outside it. An Act of Parliament has sections, not Articles, and its Schedules do not carry constitutional rank.
Common mistakes
- Saying the Constitution still has only 395 Articles in 22 Parts. The numbering ends at 395, but there are 25 Parts and many letter-numbered Articles.
- Saying the Constitution came into force on 26 November 1949. Only some Articles did; the rest began on 26 January 1950.
- Calling the Schedules separate laws. They are part of the Constitution.
Apply it
Problem
A student must find (a) the Articles on the right to constitutional remedies and (b) the list of recognised languages. Where should she look?
Issue. Which Part, Article and Schedule hold these topics?
Rule. Fundamental Rights are in Part III (Articles 12 to 35). Languages are listed in the Eighth Schedule, which Articles 344(1) and 351 refer to.
Application. The remedy to enforce rights is in Article 32, within Part III. The languages appear in the Eighth Schedule.
Conclusion. She should read Article 32 in Part III and the Eighth Schedule.
Leading case laws
- Kesavananda Bharati v. State of Kerala (1973)
Facts. A religious head challenged Kerala land reform Acts. The case grew into a challenge to the 24th, 25th and 29th Amendments.
Principle. Later cases treat the majority view as this: Parliament may amend the Constitution but cannot destroy its basic structure.
Why it matters. It shows that the text of Part XX can be used to amend the document, but not to change its core.
How to write this answer in the exam
5-mark answer
- Adoption on 26 November 1949 and commencement on 26 January 1950.
- Original size: 395 Articles, 22 Parts, 8 Schedules.
- Present size: 25 Parts and 12 Schedules.
- One line on what a Part and a Schedule are.
10-mark answer
- Meaning and structure: Preamble, Parts, Schedules.
- Adoption, commencement and Article 394.
- Size then and now.
- The Parts at a glance.
- The Schedules.
- Part, Article and Schedule compared.
Key points to remember
- Adopted on 26 November 1949; in force from 26 January 1950.
- Original: 395 Articles, 22 Parts, 8 Schedules.
- Present: 25 Parts and 12 Schedules; new Articles carry letters such as 21A.
- Part III covers Fundamental Rights; Part IV Directive Principles; Part IVA Fundamental Duties.
- Part XX holds Article 368, the amending power.
- The Hindi text is authoritative under Article 394A.
Quick self-test
1. When was the Constitution adopted and when did it commence?
It was adopted on 26 November 1949 and, apart from the Articles in Article 394, commenced on 26 January 1950.
2. How many Parts and Schedules did it have at the start?
Twenty-two Parts and eight Schedules, with 395 Articles.
3. Which Part contains the Fundamental Rights?
Part III, Articles 12 to 35.