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UGC NET LAW (058) · UNIT 02 · MODULE 5: QUICK-REFERENCE TABLES: ARTICLES, CASES AND AMENDMENTS · TOPIC 16

Important Articles: Quick Reference Tables

Article-by-Article tables for nine groups of provisions, built for quick recall of what each Article does.

  • 9 sub-topics
  • 6 min read
  • Topic 16 of 25

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  1. 16.1Part III: Fundamental RightsArticle Subject 12 Definition of 'State' for Part III 13 Laws inconsistent with FRs void; Eclipse and Severability doctrines 14 Equality before law; equal protection; twin…
  2. 16.2Part IV: Directive Principles & DutiesArticle Subject 37 DPSPs non-justiciable but fundamental in governance 39 Equal right to livelihood; equal pay; protection of workers and children 39-A Equal justice and…
  3. 16.3Union ExecutiveArticle Subject 52 There shall be a President of India 53 Executive power of Union vested in President 54 Election of President (electoral college) 61 Impeachment of…
  4. 16.4State ExecutiveArticle Subject 153 There shall be a Governor for each State 155 Governor appointed by President 156 Governor holds office during pleasure of President; 5-year term 157…
  5. 16.5ParliamentArticle Subject 79 Constitution of Parliament (President + Rajya Sabha + Lok Sabha) 80 Composition of Rajya Sabha: 238 elected + 12 nominated = 250 maximum 81 Composition of…
  6. 16.6JudiciaryArticle Subject 124 Establishment of Supreme Court; retirement age 65 125 Salaries of SC judges charged to Consolidated Fund of India 131 Original jurisdiction of SC…
  7. 16.7Emergency ProvisionsArticle Subject 352 National Emergency: war, external aggression, armed rebellion 353 Effect: Parliament legislates on State List 354 Modification of revenue distribution…
  8. 16.8Union–State RelationsArticle Subject 245 Extent of laws: Parliament for whole India; State Legislature for State 246 Subject-matter of laws (three Lists, Seventh Schedule) 248 Residuary powers…
  9. 16.9Election CommissionArticle Subject 324 Election Commission of India: superintendence, direction, control of elections 326 Adult suffrage: elections on basis of adult suffrage (18 years — 61st…

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16.1Part III: Fundamental Rights#

In brief

Article Subject 12 Definition of 'State' for Part III 13 Laws inconsistent with FRs void; Eclipse and Severability doctrines 14 Equality before law; equal protection; twin…

Article Subject
12 Definition of 'State' for Part III
13 Laws inconsistent with FRs void; Eclipse and Severability doctrines
14 Equality before law; equal protection; twin tests of classification
15 Prohibition of discrimination: religion, race, caste, sex, place of birth
15(3) Special provisions for women and children
15(4) Special provisions for backward classes/SC/ST (1st Amendment)
15(5) Reservation in private educational institutions (93rd Amendment)
15(6) 10% EWS reservation (103rd Amendment, 2019)
16 Equality of opportunity in public employment
16(4) Reservations for backward classes not adequately represented
16(4-A) Reservation in promotion for SC/ST (77th Amendment)
16(4-B) Carry-forward of unfilled SC/ST vacancies (81st Amendment)
16(6) 10% EWS reservation in public employment (103rd Amendment)
17 Abolition of Untouchability — applies against private individuals
18 Abolition of Titles
19 Six freedoms: speech (a), assembly (b), association (c), movement (d), residence (e), profession (g)
20 Protection from conviction: ex post facto, double jeopardy, self-incrimination — NON-SUSPENDABLE
21 Right to life and personal liberty — most expansive FR
21-A Free and compulsory education 6–14 years (86th Amendment, 2002)
22 Protection against arrest and preventive detention
23 Prohibition of traffic in human beings and forced labour
24 Prohibition of child labour below 14 years in hazardous employment
25–28 Freedom of religion
29–30 Cultural and educational rights of minorities
32 Right to constitutional remedies; five writs; 'heart and soul' of Constitution
33 Parliament can restrict FRs of armed forces, police
34 Parliament can indemnify acts during martial law
35 Parliament alone can legislate to give effect to certain FRs

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16.2Part IV: Directive Principles & Duties#

In brief

Article Subject 37 DPSPs non-justiciable but fundamental in governance 39 Equal right to livelihood; equal pay; protection of workers and children 39-A Equal justice and…

Article Subject
37 DPSPs non-justiciable but fundamental in governance
39 Equal right to livelihood; equal pay; protection of workers and children
39-A Equal justice and free legal aid (42nd Amendment, 1976)
40 Organisation of village panchayats
44 Uniform Civil Code
45 Early childhood care and education (amended by 86th Amendment)
48-A Protection and improvement of environment (42nd Amendment, 1976)
50 Separation of judiciary from executive
51 Promotion of international peace and security
51-A Fundamental Duties — 11 duties (Part IVA)

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16.3Union Executive#

In brief

Article Subject 52 There shall be a President of India 53 Executive power of Union vested in President 54 Election of President (electoral college) 61 Impeachment of…

Article Subject
52 There shall be a President of India
53 Executive power of Union vested in President
54 Election of President (electoral college)
61 Impeachment of President
63 There shall be a Vice President
64 VP is ex-officio Chairman of Rajya Sabha
66 Election of VP (elected + nominated members of both Houses)
72 Pardoning power of President: death sentences, court martial, Union law offences
74 Council of Ministers to aid and advise President; advice binding
75 Appointment of PM and Ministers; collective responsibility to Lok Sabha
76 Attorney General of India
123 President's Ordinance-making power when Parliament not in session
143 Advisory jurisdiction: President's reference to Supreme Court

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16.4State Executive#

In brief

Article Subject 153 There shall be a Governor for each State 155 Governor appointed by President 156 Governor holds office during pleasure of President; 5-year term 157…

Article Subject
153 There shall be a Governor for each State
155 Governor appointed by President
156 Governor holds office during pleasure of President; 5-year term
157 Qualifications: citizen of India; 35 years
158 Conditions: not member of any legislature; no office of profit
161 Pardoning power of Governor: State law offences; NOT death sentences
163 CoM to aid and advise Governor; Governor's discretionary powers
164 Appointment of CM and Ministers; collective responsibility to Legislative Assembly
167 CM's duty to communicate Cabinet decisions to Governor
200 Assent to Bills by Governor: assent/withhold/return/reserve
201 Bills reserved for President's consideration: President has wider discretion
213 Governor's Ordinance-making power when Legislature not in session
361 Immunity of President and Governor from court proceedings during tenure

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16.5Parliament#

In brief

Article Subject 79 Constitution of Parliament (President + Rajya Sabha + Lok Sabha) 80 Composition of Rajya Sabha: 238 elected + 12 nominated = 250 maximum 81 Composition of…

Article Subject
79 Constitution of Parliament (President + Rajya Sabha + Lok Sabha)
80 Composition of Rajya Sabha: 238 elected + 12 nominated = 250 maximum
81 Composition of Lok Sabha: 543 elected (after 104th Amendment)
100 Voting in Houses; quorum = 1/10 of total membership
105 Powers, privileges, immunities of Parliament and Members
108 Joint sitting of both Houses for ordinary Bill deadlock (NOT Money Bills or CA Bills)
109 Special procedure for Money Bills: introduced only in Lok Sabha
110 Definition of Money Bill
111 Presidential assent: cannot withhold after Bill is re-passed
112 Annual Financial Statement (Union Budget)
368 Power to amend Constitution; Basic Structure doctrine limits Parliament's power

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16.6Judiciary#

In brief

Article Subject 124 Establishment of Supreme Court; retirement age 65 125 Salaries of SC judges charged to Consolidated Fund of India 131 Original jurisdiction of SC…

Article Subject
124 Establishment of Supreme Court; retirement age 65
125 Salaries of SC judges charged to Consolidated Fund of India
131 Original jurisdiction of SC: inter-State disputes
136 Special Leave Petition (SLP): discretionary appellate jurisdiction
141 Law declared by SC is binding on all courts in India
142 SC can make any order to do complete justice
143 Advisory opinion: President's reference to SC
148 Comptroller and Auditor General (CAG): removed like SC judge
217 Appointment and conditions of HC judges; retirement age 62
226 HC's power to issue writs: wider than Article 32
227 HC's superintendence over all subordinate courts
228 Transfer of cases involving constitutional questions

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16.7Emergency Provisions#

In brief

Article Subject 352 National Emergency: war, external aggression, armed rebellion 353 Effect: Parliament legislates on State List 354 Modification of revenue distribution…

Article Subject
352 National Emergency: war, external aggression, armed rebellion
353 Effect: Parliament legislates on State List
354 Modification of revenue distribution during National Emergency
355 Duty of Union to protect States from external aggression
356 Failure of constitutional machinery in State: President's Rule
357 Exercise of legislative powers under Art. 356 proclamation
358 Automatic suspension of Art. 19 during war/external aggression
359 Suspension of enforcement of FRs by Presidential Order; NOT Arts. 20 & 21
360 Financial Emergency: financial stability/credit of India threatened
365 Failure to comply with Union directions = basis for Art. 356

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16.8Union–State Relations#

In brief

Article Subject 245 Extent of laws: Parliament for whole India; State Legislature for State 246 Subject-matter of laws (three Lists, Seventh Schedule) 248 Residuary powers…

Article Subject
245 Extent of laws: Parliament for whole India; State Legislature for State
246 Subject-matter of laws (three Lists, Seventh Schedule)
248 Residuary powers: Parliament
249 Parliament legislates on State List (Rajya Sabha resolution, 2/3 majority)
250 Parliament legislates on State List during National Emergency
252 Parliament legislates for two or more States by consent
253 Legislation for implementing international treaties
254 Repugnancy: Union law prevails over State law on Concurrent List
256 Obligation of States: comply with Union laws
257 Control of Union over States in certain cases
262 Inter-State water disputes: SC jurisdiction may be excluded
263 Inter-State Council
280 Finance Commission (constituted every 5 years)

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16.9Election Commission#

In brief

Article Subject 324 Election Commission of India: superintendence, direction, control of elections 326 Adult suffrage: elections on basis of adult suffrage (18 years — 61st…

Article Subject
324 Election Commission of India: superintendence, direction, control of elections
326 Adult suffrage: elections on basis of adult suffrage (18 years — 61st Amendment, 1988)
329 Bar on courts in election matters (except as provided by law)
338 National Commission for Scheduled Castes
340 Commission for Other Backward Classes

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