Controversial Articles in the Constitution of India !!

There are several articles in the Constitution of India that have been the subject of controversy and debate over the years. Some of the most controversial articles in the Indian Constitution include:

1. Article 370 – This article grants special status to the state of Jammu and Kashmir, and allows the state to have its own constitution, flag, and laws on matters such as citizenship, permanent residency, and property ownership. The article has been the subject of controversy and debate, with some arguing that it undermines the unity and integrity of India, while others argue that it is necessary to protect the cultural and political identity of the state of Jammu and Kashmir.
2. Article 371 – This article grants special provisions to certain states in India, including Andhra Pradesh, Assam, Gujarat, Himachal Pradesh, Maharashtra, Manipur, Nagaland, and Sikkim, and allows these states to have their own laws and policies on matters such as land ownership, language, and education. The article has been the subject of controversy and debate, with some arguing that it undermines the unity and integrity of India, while others argue that it is necessary to protect the cultural and political identities of these states.
3. Article 356 – This article allows the President of India to declare a state of emergency in the event of a \”breakdown of the constitutional machinery\” in a state. The article has been the subject of controversy and debate, with some arguing that it gives the central government too much power and undermines the autonomy of the states, while others argue that it is necessary to protect the unity and integrity of India in times of crisis.
4. Article 15(4) – This article allows the state to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes. The article has been the subject of controversy and debate, with some arguing that it promotes discrimination and reverse discrimination, while others argue that it is necessary to address the historical disadvantages faced by certain marginalized communities in India.

Here are a few more articles in the Constitution of India that have been the subject of controversy and debate:

1. Article 21A – This article, which was added to the Constitution through the Right to Education Act, 2009, guarantees the right to education to every child in the age group of 6 to 14 years. The article has been the subject of controversy and debate, with some arguing that it places a burden on the government and private schools to provide free and compulsory education to all children, while others argue that it is necessary to ensure that all children have access to education.
2. Article 25 – This article guarantees the right to freedom of conscience and the right to freely profess, practice, and propagate religion. The article has been the subject of controversy and debate, with some arguing that it infringes on the right to freedom of expression and creates a distinction between \”religious\” and \”secular\” activities, while others argue that it is necessary to protect the freedom of religion in India.
3. Article 66 – This article provides for the election of the Vice President of India, and sets out the qualifications and disqualifications for the office. The article has been the subject of controversy and debate, with some arguing that it does not adequately represent the diversity of the country and disproportionately favors certain communities, while others argue that it is necessary to ensure that the Vice President is a suitable candidate for the office.
4. Article 39 – This article directs the state to ensure that the citizens have the right to an adequate means of livelihood, and that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. The article has been the subject of controversy and debate, with some arguing that it imposes an unreasonable burden on the state to provide employment and welfare to all citizens, while others argue that it is necessary to ensure that the basic needs of the citizens are met.
5. Article 44 – This article, which is part of the Directive Principles of State Policy, directs the state to take steps to secure the participation of workers in the management of industries. The article has been the subject of controversy and debate, with some arguing that it imposes an unreasonable burden on the state and private industries to involve workers in the management of the industries, while others argue that it is necessary to ensure that the rights and interests of workers are protected.
6. Article 15(5) – This article allows the state to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes in relation to admission to educational institutions. The article has been the subject of controversy and debate, with some arguing that it promotes discrimination and reverse discrimination, while others argue that it is necessary to address the historical disadvantages faced by certain marginalized communities in India.
7. Article 31C – This article allows the state to implement any law for the purpose of giving effect to the Directive Principles of State Policy, even if it infringes upon any of the fundamental rights guaranteed under Part III of the Constitution. The article has been the subject of controversy and debate, with some arguing that it gives the state too much power to override fundamental rights, while others argue that it is necessary to ensure that the Directive Principles of State Policy are effectively implemented.
8. Article 124(2) – This article provides for the appointment of judges to the Supreme Court of India, and sets out the qualifications and disqualifications for the office. The article has been the subject of controversy and debate, with some arguing that it does not adequately represent the diversity of the country and disproportionately favors certain communities, while others argue that it is necessary to ensure that the judges of the Supreme Court are suitable candidates for the office.
9. Article 217 – This article provides for the appointment of judges to the high courts, and sets out the qualifications and disqualifications for the office. The article has been the subject of controversy and debate, with some arguing that it does not adequately represent the diversity of the country and disproportionately favors certain communities, while others argue that it is necessary to ensure that the judges of the high courts are suitable candidates for the office.