Article 36: Definition

In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.

Article 37: Application of the principles contained in this Part

The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are
nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in
making laws.

Article 38: State to secure a social order for the promotion of welfare of the people
(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social
order in which justice, social, economic, and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimize the inequalities in income and eliminate inequalities in status, facilities,
and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in
different vocations.

Article 39: Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the
common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the
common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens
are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that childhood and youth are protected against exploitation and against moral and material abandonment.

Article 40: Organisation of village panchayats

The State shall take steps to organise village panchayats and endow them with such powers and authority as may be
necessary to enable them to function as units of self-government.

Article 41: Right to work, to education, and to public assistance in certain cases
The State shall, within the limits of its economic capacity and development, make effective provision for securing the right
to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement, and in other
cases of undeserved want.

Article 42: Provision for just and humane conditions of work and maternity relief
The State shall make provision for securing just and humane conditions of work and for maternity relief.

Article 43: Living wage, etc., for workers

The State shall endeavor to secure, by suitable legislation or economic organisation or in any other way, to all workers,
agricultural, industrial, or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities, and, in particular, the State shall endeavor to promote cottage
industries on an individual or cooperative basis in rural areas.

Article 44: Uniform civil code for the citizens

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Article 45: Provision for free and compulsory education for children
The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and
compulsory education for all children until they complete the age of fourteen years.

Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker
sections
The State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and,
in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms
of exploitation.

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health
The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of
public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and drugs which are injurious to health.

Article 48: Organisation of agriculture and animal husbandry

The State shall endeavor to organise agriculture and animal husbandry on modern and scientific lines and shall take steps for
preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 49: Protection of monuments and places and objects of national importance
It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest declared
by Parliament by law to be of national importance from spoliation, disfigurement, destruction, removal, disposal, or export, as
the case may be.

Article 50: Separation of judiciary from executive

The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 51: Promotion of international peace and security

The State shall endeavor to—
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and
(d) encourage settlement of international disputes by arbitration.

Article 51A: Fundamental duties

It shall be the duty of every citizen of India—
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity, and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious,
linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for
living creatures;
(h) to develop the scientific temper, humanism, and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to
higher levels of endeavor and achievement;
(k) who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and
fourteen years.

Article 52: The President of India

There shall be a President of India.

Article 74: Council of Ministers to aid and advise the President

(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall, in the
exercise of his functions, act in accordance with such advice.
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in
any court.

Article 75: Other provisions as to Ministers

(1) The Prime Minister shall be appointed by the President, and the other Ministers shall be appointed by the President on
the advice of the Prime Minister.
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House of the People.
(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy
according to the forms set out for the purpose in the Third Schedule.
(5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the
expiration of that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time determine, and until
Parliament so determines, shall be as specified in the Second Schedule.
Article 114: Appropriation Bills
(1) As soon as may be after the grants under Article 113 have been made by the House of the People, a Bill shall be
introduced to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet—
(a) the grants so made by the House of the People; and
(b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the
statement previously laid before Parliament.
(2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the
amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the
Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is admissible under this
clause shall be final.
(3) Subject to the provisions of Articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India
except under appropriation made by law passed in accordance with the provisions of this Article.

Article 124: Establishment and constitution of the Supreme Court

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a
larger number, not more than seven other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after
consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem
necessary for the purpose and shall hold office until he attains the age of sixty-five years.
(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and—
(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
(4) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe
before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out
for the purpose in the Third Schedule.
(5) A Judge of the Supreme Court may, by writing under his hand addressed to the President, resign his office.
(6) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an
address by each House of Parliament supported by a majority of the total membership of that House and by a majority of
not less than two-thirds of the members of that House present and voting has been presented to the President in the same
session for such removal on the ground of proved misbehaviour or incapacity.

Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing
complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable
throughout the territory of India in such manner as may be prescribed by law or, until provision in that behalf is so made, in
such manner as the President may by order prescribe.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of
the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person,
the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

Article 143: Power of President to consult Supreme Court

(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, of such a nature
and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the
question to that Court for consideration, and the Court may, after such hearing as it thinks fit, report to the President its
opinion thereon.

Article 224: Appointment of additional and acting Judges

(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it
appears to the President that the number of the Judges of that Court should be for the time being increased, the President
may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may
specify.

Article 226: Power of High Courts to issue certain writs

(1) Notwithstanding anything in Article 32, every High Court shall have power, throughout the territories in relation to which
it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those
territories directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto,
and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.

Article 352: Proclamation of Emergency

(1) If the President is satisfied that a grave emergency exists whereby the security of India or any part thereof is
threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that
effect.

Article 353: Effect of Proclamation of Emergency

While a Proclamation of Emergency is in operation—
(a) the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the
executive power thereof is to be exercised;
(b) Parliament shall have the power to make laws for the whole or any part of the territory of India regarding any matter in
the State List.

Article 354: Application of provisions relating to the distribution of revenues while a Proclamation of Emergency is in
operation
The President may modify the provisions of Articles 268 to 279 relating to the distribution of revenues between the Union
and the States for the period of Emergency.

Article 355: Duty of the Union to protect States against external aggression and internal disturbance
It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure
that the government of every State is carried on in accordance with the provisions of this Constitution.

Article 356: Provisions in case of failure of constitutional machinery in States

(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has
arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the
President may by Proclamation—
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or
exercisable by the Governor or any other executive authority in the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.

Article 357: Exercise of legislative powers under Proclamation issued under Article 356
(1) Where by a Proclamation issued under Article 356, Parliament assumes powers of the State Legislature, it can confer on
the President the power to make laws for that State.

Article 358: Suspension of provisions of Article 19 during emergencies

While a Proclamation of Emergency is in operation, nothing in Article 19 shall restrict the State from making any law or
taking any executive action.

Article 359: Suspension of the enforcement of fundamental rights during emergencies

(1) While a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court
for the enforcement of such fundamental rights as may be mentioned in the order shall remain suspended.

Article 360: Provisions as to financial emergency

(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part
thereof is threatened, he may, by a Proclamation, make a declaration to that effect.

Article 368: Power of Parliament to amend the Constitution

(1) Parliament may amend by way of addition, variation, or repeal any provision of this Constitution in accordance with the
procedure laid down in this Article.