[PDF]Constitution Of INDIA

THE CONSTITUTION OF INDIA


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 2 [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.


'Subs, by the Constitution (Forty-second Amendment) Act, 1976, s
DEMOCRATIC REPUBLIC" (w.e.f. 3-1-1977).

2 Subs. by s. 2, ibid., for "unity of the Nation" (w.e.f. 3-1-1977).


Preamble.


. 2, for "SOVEREIGN



PART I


THE UNION AND ITS TERRITORY


Name and territory
of the Union.


Admission or
establishment of
new States.


Formation of new
States and
alteration of areas,
boundaries or
names of existing
States.


1. (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;

2 [(b) the Union territories specified in the First
Schedule; and]

(c) such other territories as may be acquired.

2. Parliament may by law admit into the Union, or
establish, new States on such terms and conditions as it
thinks fit.

3 2A. [Sikkim to be associated with the Union.] Rep. by the
Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (zv.e.f.
26-4-1975).

3. 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;

(i e ) alter the name of any State:

4 [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


'Subs, by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2).

2 Subs. by s. 2, ibid., for sub-clause (b).

'Article 2A was ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 2 (w.e.f.
1-3-1975).

4 Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso.

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THE CONSTITUTION OF INDIA


3


(Part I.—The Union and its territory. — Arts. 3-4.)


or name of any of the States 1 ***, 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 or within such further period
as the President may allow and the period so specified or
allowed has expired.]

2 [Explanation I .—In this article, in clauses (a) to (e),
"State" includes a Union territory, but in the proviso,
"State" does not include a Union territory.

Explanation II .—The power conferred on Parliament
by clause (a) includes the power to form a new State or
Union territory by uniting a part of any State or Union
territory to any other State or Union territory.]

4. (1) Any law referred to in article 2 or article 3 shall
contain such provisions for the amendment of the First
Schedule and the Fourth Schedule as may be necessary
to give effect to the provisions of the law and may also
contain such supplemental, incidental and consequential
provisions (including provisions as to representation in
Parliament and in the Legislature or Legislatures of the
State or States affected by such law) as Parliament may
deem necessary.

(2) No such law as aforesaid shall be deemed to be
an amendment of this Constitution for the purposes of
article 368.


Laws made under
articles 2 and 3 to
provide for the
amendment of the
First and the
Fourth Schedules
and supplemental,
incidental and
consequential
matters.


'The words and letters "specified in Part A or Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2 Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2.



PART II


CITIZENSHIP


Citizenship at the
commencement of
the Constitution.


Rights of
citizenship of
certain persons
who have migrated
to India from
Pakistan.


5. At the commencement of this Constitution, every
person who has his domicile in the territory of India
and—

(a) who was bom in the territory of India; or

( b ) either of whose parents was bom 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.

6. Notwithstanding anything in article 5, a person
who has migrated to the territory of India from the
territory now included in Pakistan shall be deemed to be
a citizen of India at the commencement of this
Constitution if—

(a) he or either of his parents or any of his
grandparents was bom in India as defined in the
Government of India Act, 1935 (as originally enacted);
and

( b) ( i ) in the case where such person has so
migrated before the nineteenth day of July, 1948, he
has been ordinarily resident in the territory of India
since the date of his migration, or

(ii) in the case where such person has so migrated
on or after the nineteenth day of July, 1948, he has
been registered as a citizen of India by an officer
appointed in that behalf by the Government of the
Dominion of India on an application made by him
therefor to such officer before the commencement of
this Constitution in the form and manner prescribed
by that Government:

Provided that no person shall be so registered unless
he has been resident in the territory of India for at least
six months immediately preceding the date of his
application.


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THE CONSTITUTION OF INDIA
(Part II. — Citizenship. — Arts. 7 —11.)

7. Notwithstanding anything in articles 5 and 6, a
person who has after the first day of March, 1947,
migrated from the territory of India to the territory now
included in Pakistan shall not be deemed to be a citizen
of India:

Provided that nothing in this article shall apply to a
person who, after having so migrated to the territory now
included in Pakistan, has returned to the territory of India
under a permit for resettlement or permanent return issued
by or under the authority of any law and every such
person shall for the purposes of clause (b) of article 6 be
deemed to have migrated to the territory of India after the
nineteenth day of July, 1948.

8. Notwithstanding anything in article 5, any person
who or either of whose parents or any of whose
grandparents was born in India as defined in the
Government of India Act, 1935 (as originally enacted),
and who is ordinarily residing in any country outside
India as so defined shall be deemed to be a citizen of
India if he has been registered as a citizen of India by the
diplomatic or consular representative of India in the
country where he is for the time being residing on an
application made by him therefor to such diplomatic or
consular representative, whether before or after the
commencement of this Constitution, in the form and
manner prescribed by the Government of the Dominion of
India or the Government of India.

9 . 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.

10 . Every person who is or is deemed to be a citizen
of India under any of the foregoing provisions of this
Part shall, subject to the provisions of any law that may
be made by Parliament, continue to be such citizen.

11 . 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.


5


Rights of
citizenship of
certain migrants to
Pakistan.


Rights of
citizenship of
certain persons of
Indian origin
residing outside
India.


Persons voluntarily
acquiring
citizenship of a
foreign State not to
be citizens.

Continuance of the
rights of
citizenship.


Parliament to
regulate the right
of citizenship by
law.



PART III


FUNDAMENTAL RIGHTS


General


Definition.


Laws inconsistent
with or in
derogation of the
fundamental rights.


12. 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.

13. (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,
notwithstanding that any such law or any part thereof
may not be then in operation either at all or in
particular areas.

J [(4) Nothing in this article shall apply to any
amendment of this Constitution made under article 368.]


Right to Equality

Equality before 14. The State shall not deny to any person equality

law - before the law or the equal protection of the laws within the

territory of India.


'Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2.


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THE CONSTITUTION OF INDIA


7


(Part III.—Fundamental Rights. — Arts. 15-16.)


15. (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

(h) 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.

1 [(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.]

2 [(5) Nothing in this article or in sub-clause (g) of
clause (1) of article 19 shall prevent the State from making
any special provision, by law, for the advancement of
any socially and educationally backward classes of
citizens or for the Scheduled Castes or the Scheduled
Tribes in so far as such special provisions relate to their
admission to educational institutions including private
educational institutions, whether aided or unaided by
the State, other than the minority educational institutions
referred to in clause (1) of article 30.]

16. (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


Prohibition of
discrimination on
grounds of
religion, race,
caste, sex or place
of birth.


Equality of
opportunity in
matters of public
employment.


'Added by the Constitution (First Amendment) Act, 1951, s. 2.

2 Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f. 20-1-2006).



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THE CONSTITUTION OF INDIA


(Part III.—Fundamental Rights. — Arts. 16—18.)


1 [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.

2 [(4A) Nothing in this article shall prevent the State
from making any provision for reservation 3 [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 which,
in the opinion of the State, are not adequately represented
in the services under the State.]

4 [(4B) Nothing in this article shall prevent the State
from considering any unfilled vacancies of a year which
are reserved for being filled up in that year in accordance
with any provision for reservation made under clause (4)
or clause (4A) as a separate class of vacancies to be filled
up in any succeeding year or years and such class of
vacancies shall not be considered together with the
vacancies of the year in which they are being filled up for
determining the ceiling of fifty per cent, reservation on
total number of vacancies of that year.]

(5) Nothing in this article shall affect the operation of
any law which provides that the incumbent of an office
in connection with the affairs of any religious or
denominational institution or any member of the
governing body thereof shall be a person professing a
particular religion or belonging to a particular
denomination.

Abolition of 17. "Untouchability" is abolished and its practice in

Untouchability. any form is forbidden. The enforcement of any disability

arising out of "Untouchability" shall be an offence
punishable in accordance with law.

Abolition of titles. 18. (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.


'Subs, by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "under
any State specified in the First Schedule or any local or other authority within its territory, any
requirement as to residence within that State".

2 Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2.

3 Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words
(w.e.f. 17-6-1995).

4 Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).



THE CONSTITUTION OF INDIA


9


(Part III.—Fundamental Rights. — Arts. 18-19.)


(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.

(4) No person holding any office of profit or trust
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