Important Constitutional Articles of India Explained Part- 2

Important Constitutional Articles covers several important provisions of the Indian Constitution that deal with the Supreme Court, State Governments, Union Territories, Panchayats, and Municipalities. These Articles explain how different constitutional institutions are formed, what powers they have, and how they work together to ensure good governance in the country.

The Indian Constitution is the backbone of India’s democratic system. It clearly defines the duties and responsibilities of every constitutional authority so that the government functions according to the rule of law. Understanding these Articles helps us learn how justice is delivered, how State Governments operate, how local self-government functions, and how the rights and responsibilities of different institutions are protected under the Constitution.

Articles Related to the Supreme Court

Article 124 – Establishment of the Supreme Court

Article 124 provides for the establishment and composition of the Supreme Court of India. It also states that Parliament has the authority to decide the number of judges in the Supreme Court through legislation.

Originally, the Supreme Court had only eight judges, including the Chief Justice of India (CJI). As the country’s population and number of cases increased, the strength of judges was gradually increased. In 2019, Parliament approved increasing the total number of judges from 31 to 34, including the Chief Justice.

Another important development was the Supreme Court’s judgment that the office of the Chief Justice of India comes under the Right to Information (RTI) Act, 2005. This strengthened transparency and accountability in the judiciary.

Key Points

• Establishes the Supreme Court.
• Parliament decides the number of judges.
• Protects the independence of the judiciary.
• Strengthens judicial transparency through RTI.

Article 129 – Supreme Court as a Court of Record

Article 129 declares the Supreme Court as a Court of Record. This means all its judgments and records have legal value and can be used as evidence in future cases.

The article also gives the Supreme Court the power to punish anyone for contempt of court if its authority or dignity is disrespected.

Importance

• Protects the authority of the judiciary.
• Ensures people obey court orders.
• Maintains public confidence in the justice system.

Article 131 – Original Jurisdiction of the Supreme Court

Article 131 gives the Supreme Court the power to hear disputes directly between:

• The Central Government and one or more States.
• Two or more States.
• The Central Government and States together.

A famous example was when Kerala challenged the Citizenship (Amendment) Act (CAA), 2019 directly before the Supreme Court under Article 131.

Importance

• Helps resolve disputes between governments.
• Protects the federal structure of India.

Article 136 – Special Leave Petition (SLP)

Article 136 allows the Supreme Court to hear appeals from any court or tribunal in India through a Special Leave Petition (SLP).

This extraordinary power helps the Court correct serious legal mistakes and deliver justice in exceptional situations.

One important case involved the Supreme Court recognizing the right to property as a human right and ordering compensation to affected citizens.

Importance

• Ensures justice in exceptional cases.
• Prevents misuse of legal procedures.
• Gives citizens one final opportunity for justice.

Article 137 – Power to Review Judgments

Article 137 allows the Supreme Court to review its own judgments if there is an important mistake or new evidence.

For example:

• Review petitions in the Sabarimala case.
• Review and curative petitions filed in the Nirbhaya case.

Importance

• Prevents judicial errors.
• Strengthens fairness in the legal system.

Article 141 – Supreme Court Judgments Become Law

Article 141 states that every law declared by the Supreme Court is binding on all courts in India.

For example, the Supreme Court’s guidelines on police encounter investigations became mandatory for all courts and police authorities.

Importance

• Ensures uniform interpretation of laws.
• Maintains consistency in the judicial system.

Article 142 – Complete Justice

Article 142 gives the Supreme Court extraordinary powers to pass any order necessary for doing “complete justice.”

The Court has used this article in many important constitutional and political cases when ordinary laws were insufficient.

Importance

• Provides complete justice.
• Helps solve exceptional constitutional issues.
• Protects citizens’ rights.

Part VI: Articles Related to State Governments

Article 161 – Governor’s Power of Pardon

Article 161 allows the Governor to grant pardon, remission, reprieve, or commute sentences for offences under State laws.

This power is often called executive clemency.

Importance

• Corrects exceptional situations.
• Provides humanitarian relief where appropriate.

Articles 162 and 163 – Executive Power and Governor’s Role

Article 162 defines the executive powers of the State Government.

Article 163 states that the Governor usually acts on the advice of the Council of Ministers except where the Constitution specifically gives discretionary powers.

These articles frequently become important during political situations involving government formation and appointments.

Importance

• Maintains balance between the Governor and elected government.
• Protects constitutional governance.

Article 164 – Appointment and Oath of Ministers

Article 164 explains:

• Appointment of Chief Minister.
• Appointment of other Ministers.
• Oath of office and secrecy.

Every minister must take the constitutional oath before entering office.

Importance

• Ensures constitutional responsibility.
• Maintains the secrecy of government decisions.

Article 169 – Creation or Abolition of Legislative Council

Article 169 allows Parliament to create or abolish a State Legislative Council if the concerned State Assembly passes a resolution.

Some states like Andhra Pradesh discussed abolishing their Legislative Council, while Odisha proposed creating one.

Importance

• Provides flexibility in state legislatures.
• Allows states to modify their legislative structure.

Article 174 – Sessions of State Legislature

Article 174 says that not more than six months should pass between two sessions of a State Legislature.

This ensures that the legislature meets regularly and remains accountable.

Importance

• Prevents long gaps between legislative sessions.
• Promotes democratic governance.

Article 190 – Vacation of Seats

Article 190 deals with resignation and disqualification of legislators.

The Speaker must verify whether a resignation is voluntary before accepting it.

This article became important during the Karnataka political crisis involving disqualification of MLAs.

Importance

• Prevents forced resignations.
• Protects democratic representation.

Article 214 – High Courts

Article 214 states that every state shall have a High Court.

After the bifurcation of Andhra Pradesh and Telangana, separate High Courts were established under this provision.

Importance

• Ensures judicial administration in every state.
• Improves access to justice.

Article 223 – Acting Chief Justice

When the office of the Chief Justice of a High Court becomes vacant, Article 223 allows the appointment of an Acting Chief Justice until a permanent appointment is made.

Importance

• Ensures uninterrupted functioning of High Courts.

Part VIII: Articles Related to Union Territories

Article 239A – Legislature for Union Territories

Article 239A allows Parliament to create legislatures and Councils of Ministers for certain Union Territories.

After the Jammu and Kashmir Reorganisation Act, many provisions applicable to Puducherry were extended to Jammu and Kashmir.

Importance

• Provides democratic governance in Union Territories.
• Improves local administration.

Article 239AA – Special Status of Delhi

Article 239AA gives special constitutional status to the National Capital Territory of Delhi.

It defines the powers of:

• Delhi Government
• Lieutenant Governor
• Central Government

Even today, this article remains important due to disputes over administrative control between the Delhi Government and the Centre.

Importance

• Balances national and local interests.
• Defines powers in the national capital.

Article 240 – President’s Power to Make Regulations

Article 240 allows the President to make regulations for certain Union Territories where necessary.

These regulations have the same force as laws passed by Parliament.

Importance

• Enables effective administration.
• Helps smaller Union Territories function smoothly.

Part IX: Articles Related to Panchayats

Article 243A – Gram Sabha

Article 243A recognizes the Gram Sabha as the foundation of rural local self-government.

The Gram Sabha includes all registered voters of a village.

It approves development plans, welfare schemes, and encourages people’s participation.

Special Gram Sabhas are often organized for awareness campaigns such as Women’s Day and village development.

Importance

• Encourages direct democracy.
• Strengthens village participation.
• Promotes transparency in local governance.

Article 243K – State Election Commission

Article 243K gives the State Election Commission the responsibility of conducting free and fair Panchayat elections.

Its independence is essential for democratic local governance.

Importance

• Conducts Panchayat elections.
• Protects electoral fairness.

Part IXA: Articles Related to Municipalities

Article 243Y – State Finance Commission

Article 243Y requires every State to establish a State Finance Commission every five years.

The Commission recommends how financial resources should be shared between the State Government and local bodies.

The Fifteenth Finance Commission also emphasized the importance of regularly constituting State Finance Commissions.

Importance

• Strengthens local self-government.
• Improves financial planning for municipalities and panchayats.
• Supports better public services.

Recent Constitutional Developments

Since 2020, several constitutional issues have remained in the news, making these articles even more relevant:

• Expansion of digital governance and judicial transparency.
• Greater use of Article 142 by the Supreme Court in significant constitutional matters.
• Continued discussions on Centre-State relations.
• Debates over the powers of Governors under Articles 162 and 163.
• Strengthening of Panchayati Raj Institutions and urban local bodies.
• Judicial reforms to reduce case pendency.
• Continued discussions regarding Delhi’s administrative powers under Article 239AA.

Students should also follow current affairs because constitutional articles are often linked with important court judgments and government policies.

Conclusion

The Important Articles of Indian Constitution are the foundation of India’s democratic system. They define the powers of the Supreme Court, State Governments, Union Territories, Panchayats, and Municipalities while protecting the rights of citizens.

Understanding these articles not only helps students score well in competitive examinations but also builds awareness about how the Indian Constitution functions in everyday governance. Since constitutional provisions frequently appear in current affairs, learning them with real-life examples makes them easier to remember. Every citizen should have basic knowledge of these important articles because they shape the functioning of India’s democracy and protect the rule of law.

FAQs

1. What is Article 124 of the Indian Constitution?

Article 124 establishes the Supreme Court of India and defines its composition, including the appointment of the Chief Justice and other judges.

2. What is the purpose of Article 129?

Article 129 declares the Supreme Court as a Court of Record and gives it the power to punish for contempt of court.

3. What is Article 131 known for?

Article 131 gives the Supreme Court original jurisdiction over disputes between the Central Government and State Governments or between different States.

4. What is a Special Leave Petition under Article 136?

Article 136 allows the Supreme Court to hear appeals against judgments from any court or tribunal in exceptional cases.

5. What does Article 142 provide?

Article 142 empowers the Supreme Court to pass any order necessary to ensure complete justice in a case.

6. What is the importance of Article 161?

Article 161 gives the Governor of a State the power to grant pardons, reprieves, remissions, or commute sentences for offences under State laws.

7. What is Article 239AA related to?

Article 239AA provides special constitutional status to the National Capital Territory of Delhi and defines the powers of its government and the Lieutenant Governor.

8. What is the role of Article 243A?

Article 243A recognizes the Gram Sabha as the foundation of Panchayati Raj and promotes people’s participation in village governance.

9. What is Article 243Y about?

Article 243Y provides for the establishment of the State Finance Commission to recommend the distribution of financial resources between the State Government and local bodies.

10. What is the significance of Article 141 of the Indian Constitution?

Article 141 states that the law declared by the Supreme Court is binding on all courts in India. This ensures that the same legal principles are followed across the country, maintaining consistency and fairness in the judicial system.