Simone Lawson
The Indian Constitution is a comprehensive document that outlines the country's fundamental laws and principles. It consists of various articles, originally 395, but now 448, that cover a wide range of topics. These articles are organised into 25 parts, 12 schedules, and 5 appendices, with over 100 amendments made to them. The distribution of powers between the states and the centre is an important aspect of the Constitution, and this is done through three lists: the Union List, the State List, and the Concurrent List. The Union List covers subjects of national importance, the State List covers subjects of local and state interest, and the Concurrent List allows for shared power between the central and state governments.
| Characteristics | Values |
|---|---|
| Number of Articles | 448 (originally 395) |
| Number of Parts | 25 (originally 22) |
| Number of Schedules | 12 |
| Number of Appendices | 5 |
| Number of Amendments | 100+ |
| Number of Lists | 3 (Union, State, Concurrent) |
| Number of Subjects in Union List | 97 |
| Number of Subjects in State List | 61 (originally 66) |
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What You'll Learn
- The Union List: 97 items, including defence, currency, and banking
- The State List: 61 subjects, including public health, police, and forests
- The Concurrent List: 52 subjects, shared between state and central governments
- Fundamental Rights: initially 7, now 6, after the Right to Property was removed
- Amendments: over 100, including the addition of 'secular' in 1976
The Union List: 97 items, including defence, currency, and banking
The Constitution of India is divided into 448 articles (originally 395) and 25 parts. The Seventh Schedule to the Constitution of India specifies the allocation of powers and functions between the Union and the State legislatures. It embodies three lists: the Union List, the State List, and the Concurrent List.
The Union List, also known as List-I, is a list of 97 items (after the 101st Constitutional Amendment Act of 2016, which removed entries 92 and 92c) given in the Seventh Schedule in the Constitution of India. The Union Government or Parliament of India has exclusive power to legislate on matters relating to these items. This list covers a range of subjects, including defence, currency, and banking.
The first item on the list pertains to the defence of India and includes preparation for defence, as well as all acts conducive to the prosecution of war and effective demobilisation after its termination. This covers the Indian Armed Forces, including the Navy, Military, and Air Forces, as well as any deployment of these forces in aid of civil power. The Union List also covers the delimitation of cantonment areas, local self-government in such areas, and the regulation of house accommodation within these areas.
In terms of currency and banking, the Union List includes items related to currency, coinage, and legal tender, as well as foreign exchange and foreign loans. It also covers the Reserve Bank of India, the Post Office Savings Bank, and lotteries organised by the Government of India or the Government of a State. Additionally, it addresses the incorporation, regulation, and winding up of trading corporations, including banking, insurance, and financial corporations (with the exception of Cooperative Societies).
The Union List also includes provisions for the regulation and development of oil fields and mineral oil resources, as well as the regulation of mines and mineral development, to the extent that it is declared by Parliament to be in the public interest. Furthermore, the Union List covers the establishment of standards of quality for goods being exported out of India or transported between states.
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The State List: 61 subjects, including public health, police, and forests
The Indian Constitution is divided into 448 articles, 25 parts, 12 schedules, 5 appendices, and more than 100 amendments. The Seventh Schedule of the Indian Constitution divides legislative powers into three lists: the Union List, the State List, and the Concurrent List.
The State List, or List-II, is a list of 61 subjects, which are matters of local and regional importance. The State Legislature has exclusive power to make laws on these subjects. The list originally contained 66 subjects, but amendments have reduced this number to 61.
The State List includes subjects such as public health, sanitation, hospitals, and dispensaries. It also covers pilgrimages within India, and the production, manufacture, transport, purchase, and sale of intoxicating liquors. The State List also includes police powers, including railway and village police, and the constitution and powers of municipal corporations, improvement trusts, district boards, and other local authorities for the purpose of local self-government or village administration.
Forests and wildlife are also included in the State List. However, in 1972, Parliament passed the Wildlife Protection Act to implement an international treaty, despite these subjects being on the State List.
The State List further includes subjects such as water supplies, irrigation, canals, drainage, and water storage. It covers land rights, land tenures, the relationship between landlords and tenants, and the collection of rents. It also includes subjects related to local government, such as the constitution and powers of local authorities, and the salaries and allowances of members of the state legislature.
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The Concurrent List: 52 subjects, shared between state and central governments
The Indian Constitution is divided into three lists: the Union List, the State List, and the Concurrent List. The Concurrent List includes 52 subjects that are of common interest to both the central and state governments. This list is unique to India's form of federal government.
The Concurrent List plays a crucial role in fostering cooperation between the state and union governments. It was designed to prevent excessive rigidity in the double-fold distribution of powers. This means that while the central government takes the lead on the most important subjects, the state governments can also take the initiative on subjects of less significance.
The Concurrent List covers a range of subjects, including:
- Education, including technical and medical education, universities, and vocational training
- Relief and rehabilitation of people displaced by the setting up of India and Pakistan
- Charities and charitable institutions, as well as religious endowments and institutions
- Preventing the spread of infectious or contagious diseases or pests affecting humans, animals, or plants across states
- Vital statistics, including birth and death registration
- Ports, excluding those designated as major by Parliament or existing laws
- Shipping and navigation on inland waterways for mechanically propelled vessels, as well as carriage of passengers and goods
- Transfer of property, excluding agricultural land, and registration of deeds and documents
- Contracts, including partnerships, agencies, and special forms such as contracts of carriage, but excluding agricultural land contracts
- Recovery of claims in a state regarding taxes, land revenue arrears, and other public demands
- Stamp duties, excluding those collected by judicial stamps or rates of stamp duty
- Inquiries and statistics for the State and Concurrent Lists
- Jurisdiction and powers of all courts, excluding the Supreme Court, regarding the Concurrent List subjects
- Fees regarding the Concurrent List subjects, excluding court fees
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Fundamental Rights: initially 7, now 6, after the Right to Property was removed
The Indian Constitution is comprised of 448 articles (originally 395) that are organised into 25 parts, 12 schedules, and 5 appendices. These articles cover important topics such as Legislatures, Executive, Schedules, Parts of the Indian Constitution, Constitutional Bodies, Statutory Bodies, and Fundamental Rights.
One of the most significant aspects of the Indian Constitution is its protection of Fundamental Rights. At the time of its enactment, the Constitution of India granted its citizens seven fundamental rights. However, over time, one of these rights—the Right to Property—was removed, reducing the number of fundamental rights to six.
The Right to Property, which was initially recognised as a fundamental right under Article 31, was removed through the 44th Constitutional Amendment in 1978. This amendment stripped the right of its status as a fundamental right, but it remained a constitutional right. The removal of the Right to Property from the list of fundamental rights meant that citizens could no longer seek legal recourse through the courts if they felt their property rights had been violated.
The rationale behind this amendment was to grant the state greater flexibility in implementing land reforms and addressing issues related to economic inequality. Despite the removal of the Right to Property as a fundamental right, the Indian Constitution still provides certain protections for property ownership. Article 300-A was added to the Constitution, stating that "no person shall be deprived of his property save by authority of law". This provision ensures that any deprivation of property is carried out in accordance with the law.
In addition to the removal of the Right to Property, the Indian Constitution has also undergone other significant changes over the years. For example, the Right to Education Act was introduced in 2009, guaranteeing free and compulsory education for all children between the ages of 6 and 14. This amendment demonstrated the Indian government's commitment to ensuring access to education for all its citizens.
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Amendments: over 100, including the addition of 'secular' in 1976
The Indian Constitution has been amended over 100 times, with the addition of the word "secular" in 1976 being a notable change.
The Indian Constitution is the most amended national constitution globally. This is because it spells out governmental powers in great detail, necessitating constitutional amendments for many matters addressed by statute in other nations. The Constitution has 395 articles in 22 parts, with 12 schedules. However, there are now 448 articles in 25 parts, indicating that amendments have been made to add to the original document.
The 42nd Amendment, officially The Constitution (Forty-second Amendment) Act, 1976, was enacted during the Emergency period (25 June 1975 – 21 March 1977) by the Indian National Congress government led by Indira Gandhi. It is considered the most controversial amendment in the history of the Indian Constitution. The amendment bill was introduced in the Lok Sabha on 1 September 1976 by H.R. Gokhale, the then Minister of Law, Justice and Company Affairs. It was debated in the Lok Sabha from 25 October to 2 November and in the Rajya Sabha from 4 to 11 November, with the bill being passed on 11 November 1976. The amendment sought to make changes to the Preamble and numerous articles, as well as insert new articles and sections.
The 42nd Amendment attempted to reduce the power of the Supreme Court and High Courts to rule on the constitutional validity of laws. It also laid out the Fundamental Duties of Indian citizens to the nation. The amendment expressly included the high ideals of socialism, secularism, and the integrity of the nation, giving them precedence over fundamental rights. This was done to make the directive principles more comprehensive and prevent their use to frustrate socio-economic reforms for implementing the directive principles. The amendment also aimed to specify the fundamental duties of citizens and address anti-national activities.
The addition of the word "secular" to the Constitution in 1976 was part of this broader set of changes brought about by the 42nd Amendment. The Preamble was amended to change "Sovereign Democratic Republic" to "Sovereign Socialist Secular Democratic Republic", reflecting the ideals of the nation. This change was made to expressly include secularism as one of the high ideals of the nation, alongside socialism and the integrity of the nation.
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Frequently asked questions
The Indian Constitution is divided into three lists, with a total of 210 subjects. The Union List has 97 subjects, the State List has 61 subjects, and the Concurrent List has 52 subjects.
The Union List includes subjects of national importance, such as defence, currency, banking, and foreign affairs.
The State List includes subjects of local and state interest, such as public health, police, forests, and education.
The Concurrent List includes subjects where both the central and state governments can take the initiative. This list was created to avoid the excessive rigidity of a two-fold distribution.
