Constitution of India
Preamble
1. Name and territory of the Union
2. Admission or establishment of new States
2A. [Repealed]
3. Formation of new States and alteration of areas, boundaries or names of existing States
4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters
5. Citizenship at the commencement of the Constitution
6. Rights of citizenship of certain persons who have migrated to India from Pakistan
7. Rights of citizenship of certain migrants to Pakistan
8. Rights of citizenship of certain persons of Indian origin residing outside India
9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens
10. Continuance of the rights of citizenship
11. Parliament to regulate the right of citizenship by law
General
12. Definition
13. Laws inconsistent with or in derogation of the fundamental rights Right of Equality
14. Equality before law
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
16. Equality of opportunity in matters of public employment
17. Abolition of untouchability
18. Abolition of titles
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences
21. Protection of life and personal liberty
22. Protection against arrest and detention in certain cases
Right against Exploitation
23. Prohibition of traffic in human beings and forced labor
24. Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation of religion
26. Freedom to manage religious affairs
27. Freedom as to payment of taxes for promotion of any particular religion
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Cultural and Educational Rights
29. Protection of interests of minorities
30. Right of minorities to establish and administer educational institutions
31. [Repealed]
Saving of certain laws
31A. Saving of laws providing for acquisition of estates, etc.
31B. Validation of certain Acts and Regulations
31C. Saving of laws giving effect to certain directive principles
31D. [Repealed]
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part
32A. [Repealed]
33. Power of Parliament to modify the rights conferred by this Part in their application, etc.
34. Restriction on rights conferred by this Part while martial law is in force in any area
35. Legislation to give effect to the provisions of this Part
36. Definition
37. Application of the principles contained in this Part
38. State to secure a social order for the promotion of welfare of the people
39. Certain principles of policy to be followed by the State
39A. Equal justice and free legal aid
40. Organization of village panchayats
41. Right to work, to education and to public assistance in certain cases
42. Provision for just and humane conditions of work and maternity relief
43. Living wage, etc., for workers
43A. Participation of workers in management of industries
44. Uniform civil code for the citizens
45. Provision for free and compulsory education for children
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health
48. Organization of agriculture and animal husbandry
48A. Protection and improvement of environment and safeguarding of forests and wild life
49. Protection of monuments and places and objects of national importance
50. Separation of judiciary from executive
51. Promotion of international peace and security
51A. Fundamental duties
Chapter I - The President and Vice-President
52. The President of India
53. Executive power of the Union
54. Election of President
55. Manner of election of President
56. Term of office of President
57. Eligibility for re-election
58. Qualifications for election as President
59. Conditions of President�s office
60. Oath or affirmation by the President
61. Procedure for impeachment of the President
62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy
63. The Vice-President of India
64. The Vice-President to be ex-officio Chairman of the Council of States
65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President
66. Election of Vice-President
67. Term of office of Vice-President
68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy
69. Oath or affirmation by the Vice-President
70. Discharge of President�s functions in other contingencies
71. Matters relating to, or connected with, the election of a President or Vice-President
72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
73. Extent of executive power of the Union Council of Ministers
74. Council of Ministers to aid and advise President
75. Other provisions as to Ministers
The Attorney-General for India
76. Attorney-General for India
Conduct of Government Business
77. Conduct of business of the Government of India
78. Duties of Prime Minister as respects the furnishing of information to the President, etc.
Chapter II - General
79. Constitution of Parliament
80. Composition of the Council of States
81. Composition of the House of the People
82. Readjustment after each census
83. Duration of Houses of Parliament
84. Qualification for membership of Parliament
85. Sessions of Parliament, prorogation and dissolution
86. Right of President to address and send messages to Houses
87. Special address by the President
88. Rights of Ministers and Attorney-General as respects Houses Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States
90. Vacation and resignation of, and removal from, the office of Deputy Chairman
91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
93. The Speaker and Deputy Speaker of the House of the People
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker
98. Secretariat of Parliament
Conduct of Business
99. Oath or affirmation by members
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Disqualifications of Members
101. Vacation of seats
102. Disqualifications for membership
103. Decision on questions as to disqualifications of members
104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified Powers, Privileges and Immunities of Parliament and its Members
105. Powers, privileges, etc. of the Houses of Parliament and of the members and committees thereof
106. Salaries and allowances of members
Legislative Procedure
107. Provisions as to introduction and passing of Bills
108. Joint sitting of both Houses in certain cases
109. Special procedure in respect of Money Bills
110. Definition of Money Bill
111. Assent to Bills
Procedures in Financial Matters
112. Annual financial statement
113. Procedure in Parliament with respect to estimates
114. Appropriation Bills
115. Supplementary, additional or excess grants
116. Votes on account, votes of credit and exceptional grants
117. Special provisions as to financial Bills
Procedure Generally
118. Rules of procedure
119. Regulation by law of procedure in Parliament in relation to financial business
120. Language to be used in Parliament
121. Restriction on discussion in Parliament
122. Courts not to inquire into proceedings of Parliament
Chapter III - Legislative Powers Of The President
123. Power of President to promulgate Ordinances during recess of Parliament
Chapter IV - The Union Judiciary
124. Establishment and Constitution of Supreme Court
125. Salaries, etc., of Judges
126. Appointment of acting Chief Justice
127. Appointment of ad hoc Judges
128. Attendance of retired Judges at sittings of the Supreme Court
129. Supreme Court to be a court of record
130. Seat of Supreme Court
131. Original jurisdiction of the Supreme Court
131A. [Repealed]
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
134. Appellate jurisdiction of Supreme Court in regard to criminal matters
134A. Certificate for appeal to the Supreme Court
135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court
136. Special leave to appeal by the Supreme Court
137. Review of judgments or orders by the Supreme Court
138. Enlargement of the jurisdiction of the Supreme Court
139. Conferment on the Supreme Court of powers to issue certain writs
139A. Transfer of certain cases
140. Ancillary powers of Supreme Court
141. Law declared by Supreme Court to be binding on all courts
142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
143. Power of President to consult Supreme Court
144. Civil and judicial authorities to act in aid of the Supreme Court
144A. [Repealed]
145. Rules of court, etc.
146. Officers and servants and the expenses of the Supreme Court
147. Interpretation
Chapter V - Comptroller And Auditor-General Of India
148. Comptroller and Auditor-General of India
149. Duties and powers of the Comptroller and Auditor-General
150. Form of accounts of the Union and of the States
151. Audit reports
Chapter I - General
152. Definition
Chapter II - The Governor
153. Governors of States
154. Executive power of State
155. Appointment of Governor
156. Term of office of Governor
157. Qualifications for appointment as Governor
158. Conditions of Governor�s office
159. Oath or affirmation by Governor
160. Discharge of the functions of the Governor in certain contingencies
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
162. Extent of executive power of State
Council of Ministers
163. Council of Ministers to aid and advise Governor
164. Other provisions as to Ministers
The Advocate-General for the State
165. Advocate-General for the State
Conduct of Government Business
166. Conduct of business of the Government of a State
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.
Chapter III - General
168. Constitution of Legislatures in States
169. Abolition or creation of Legislative Councils in States
170. Composition of the Legislative Assemblies
171. Composition of the Legislative Councils
172. Duration of State Legislatures
173. Qualification for membership of the State Legislature
174. Sessions of the State Legislature, prorogation and dissolution
175. Right of Governor to address and send messages to the House or Houses
176. Special address by the Governor
177. Rights of Ministers and Advocate-General as respects the Houses
Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative Assembly
179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
182. The Chairman and Deputy Chairman of the Legislative Council
183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman
184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman
187. Secretariat of State Legislature
Conduct of Business
188. Oath or affirmation by members
189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Disqualifications of Members
190. Vacation of seats
191. Disqualifications for membership
192. Decision on questions as to disqualifications of members
193. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified
Powers, Privileges and Immunities of State Legislatures and their Members
194. Powers, privileges, etc., of the House of Legislatures and of the members and committees thereof
195. Salaries and allowances of members
Legislative Procedure
196. Provisions as to introduction and passing of Bills
197. Restriction on powers of Legislative Council as to Bills other than Money Bills
198. Special procedure in respect of Money Bills
199. Definition of Money Bills
200. Assent to Bills
Governor�s assent to Bills
201. Bills reserved for consideration
Procedure in Financial Matters
202. Annual financial statement
203. Procedure in Legislature with respect to estimates
204. Appropriation Bills
205. Supplementary, additional or excess grants
206. Votes on account, votes of credit and exceptional grants
207. Special provisions as to financial Bills
Procedure Generally
208. Rules of procedure
209. Regulation by law of procedure in the Legislature of the State in relation to financial business
210. Language to be used in the Legislature
211. Restriction on discussion in the Legislature
212. Courts not to inquire into proceedings of the Legislature
Chapter IV - Legislative Power Of The Governor
213. Power of Governor to promulgate Ordinances during recess of Legislature
Chapter V - The High Courts In The States
214. High Courts for States
215. High Courts to be courts of record
216. Constitution of High Courts
217. Appointment and conditions of the office of a Judge of a High Court
218. Application of certain provisions relating to Supreme Court to High Courts
219. Oath or affirmation by Judges of High Courts
220. Restriction on practice after being a permanent Judge
221. Salaries etc., of Judges
222. Transfer of a Judge from one High Court to another
223. Appointment of acting Chief Justice
224. Appointment of additional and acting Judges
224A. Appointment of retired Judges at sittings of High Courts
225. Jurisdiction of existing High Courts
226. Power of High Courts to issue certain writs
Students
226A. [Repealed]
227. Power of superintendence over all courts by the High Court
228. Transfer of certain cases to High Court
228A. [Repealed]
229. Officers and servants and the expenses of High Courts
230. Extension of jurisdiction of High Courts to Union territories
231. Establishment of a common High Court for two or more States
Chapter VI - Subordinate Courts
233. Appointment of district judges
233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges
234. Recruitment of persons other than district judges to the judicial service
235. Control over subordinate courts
236. Interpretation
237. Application of the provisions of this Chapter to certain class or classes of magistrates
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239. Administration of Union territories
239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories
239B. Power of administrator to promulgate Ordinances during recess of Legislature
240. Power of President to make regulations for certain Union territories
241. High Courts for Union territories
242. [Repealed]
243. Definitions
243A. Gram Sabha
243B. Constitution of Panchayats
243C. Composition of Panchayats
243D. Reservation of seats
243E. Duration of Panchayats, etc.
243F. Disqualifications for membership
243G. Powers, authority and responsibilities of Panchayats
243H. Powers to impose taxes by, and funds of, the Panchayats
243I. Constitution of finance Commissions to review financial position
243J. Audit of accounts of Panchayats
243K. Elections to the Panchayats
243L. Application to Union territories
243M. Part not to apply to certain areas
243N. Continuance of existing laws and Panchayats
243O. Bar to interference by courts in electoral matters
243P. Definitions
243Q. Constitution of Municipalities
243R. Composition of Municipalities
243S. Constitution and composition of wards Committees, etc.
243T. Reservation of seats
243U. Duration of Municipalities, etc.
243V. Disqualifications for membership
243W. Powers, authority and responsibilities of Municipalities, etc.
243X. Power to impose taxes by, and funds, of, the Municipalities
243Y. Finance Commission
243Z. Audit of accounts of Municipalities
243ZA. Elections to the Municipalities
243ZB. Application to Union territories
243ZC. Part not to apply to certain areas
243ZD. Committee for district planning
243ZE. Committee for Metropolitan Planning
243ZF. Continuance of existing laws and Municipalities
243ZG. Bar to interference by courts in electoral matters
244. Administration of Scheduled Areas and Tribal Areas
244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor
Chapter I - Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of States
246. Subject-matter of laws made by Parliament and by the Legislatures of States
247. Power of Parliament to provide for the establishment of certain additional courts
248. Residuary powers of legislation
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest
250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States
252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State
253. Legislation for giving effect to international agreements
254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only
Chapter II - General
256. Obligation of States and the Union
257. Control of the Union over States in certain cases
257A. [Repealed]
258. Power of the Union to confer powers, etc., on States in certain cases
258A. Power of the States to entrust functions to the Union
259. [Repealed]
260. Jurisdiction of the Union in relation to territories outside India
261. Public acts, records and judicial proceedings
Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State rivers or river valleys
Co-ordination between States
263. Provisions with respect to an inter-State Council
Chapter I - General
264. Interpretation
265. Taxes not to be imposed save by authority of law
Fee
266. Consolidated Funds and public accounts of India and of the States
267. Contingency Fund
Distribution of Revenues between the Union and the States
268. Duties levied by the Union but collected and appropriated by the States
269. Taxes levied and collected by the Union but assigned to the States
270. Taxes levied and distributed between the Union and the States
271. Surcharge on certain duties and taxes for purposes of the Union
272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States
273. Grants in lieu of export duty on jute and jute products
274. Prior recommendation of President required to Bills affecting taxation in which States are interested
275. Grants from the Union to certain States
276. Taxes on professions, trades, callings and employments
277. Savings
278. [Repealed]
279. Calculation of "net proceeds", etc.
280. Finance Commission
281. Recommendations of the Finance Commission
Miscellaneous Financial Provisions
282. Expenditure defrayable by the Union or a State out of its revenues
283. Custody, etc. of Consolidated Funds, Contingency Funds and moneys credited to the public accounts
284. Custody of suitors� deposits and other moneys received by public servants and courts
285. Exemption of property of the Union from State taxation
286. Restrictions as to imposition of tax on the sale or purchase of goods
287. Exemption from taxes on electricity
288. Exemption from taxation by States in respect of water or electricity in certain cases
289. Exemption of property and income of a State from Union taxation
290. Adjustment in respect of certain expenses and pensions
290A. Annual payment to certain Devaswom Funds
291. [Repealed]
Chapter II - Borrowing
292. Borrowing by the Government of India
293. Borrowing by States
Chapter III - Property, Contracts, Rights, Liabilities, Obligations And Suits
294. Succession to property, assets, rights, liabilities and obligations in certain cases
295. Succession to property, assets, rights, liabilities and obligations in other cases
296. Property accruing by escheat or lapse or as bona vacantia
297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union
298. Power to carry on trade, etc.
299. Contracts
300. Suits and proceedings
Chapter IV - Right To Property
300A. Persons not to be deprived of property save by authority of law
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301. Freedom of trade, commerce and intercourse
302. Power of Parliament to impose restrictions on trade, commerce and intercourse
303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce
304. Restrictions on trade, commerce and intercourse among States Regulation and Prohibition must be distinguished from each other
305. Saving of existing laws and laws providing for State monopolies
306. [Repealed]
307. Appointment of authority for carrying out the purposes of articles 301 to 304
Chapter I - Services
308. Interpretation
309. Recruitment and conditions of service of persons serving the Union or a State
310. Tenure of office of persons serving the Union or a State
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
312. All-India Services
312A. Power of Parliament to vary or revoke conditions of service of officers of certain services
313. Transitional provisions
314. [Repealed]
Chapter II - Public Service Commission
315. Public Service Commissions for the Union and for the States
316. Appointment and term of office of members
317. Removal and suspension of a member of a Public Service Commission
318. Power to make regulations as to conditions of service of members and staff of the Commission
319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members
320. Functions of Public Service Commissions
321. Power to extend functions of Public Service Commissions
322. Expenses of Public Service Commission
323. Reports of Public Service Commissions
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323A. Administrative tribunals
323B. Tribunals for other matters
324. Superintendence, direction and control of elections to be vested in an Election Commission
325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex
326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage
327. Power of Parliament to make provision with respect to elections to Legislatures
328. Power of Legislature of a State to make provision with respect to elections to such Legislature
329. Bar to interference by courts in electoral matters
329A. [Repealed]
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People
331. Representation of the Anglo-Indian community in the House of the People
332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States
333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States
334. Reservation of seats and special representation to cease after fifty years
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts
336. Special provision for Anglo-Indian community in certain services
337. Special provision with respect to educational grants for the benefit of Anglo-Indian community
338. Special Officer for Scheduled Castes and Scheduled Tribes, etc.
339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes
340. Appointment of a Commission to investigate the conditions of backward classes
341. Scheduled Castes
342. Scheduled Tribes
Chapter I - Language Of The Union
343. Official language of the Union
344. Commission and Committee of Parliament on official language
Chapter II - Regional Languages
345. Official language or languages of a State
346. Official language for communication between one State and another or between a State and the Union
347. Special provision relating to language spoken by a section of the population of a State
Chapter III - Language Of The Supreme Court, High Courts, Etc
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
349. Special procedure for enactment of certain laws relating to language
Chapter IV - Special Directives
350. Language to be used in representations for redress of grievances
350A. Facilities for instruction in mother-tongue at primary stage
350B. Special Officer for linguistic minorities
351. Directive for development of the Hindi language
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352. Proclamation of Emergency
353. Effect of Proclamation of Emergency
354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation
355. Duty of the Union to protect States against external aggression and internal disturbance
356. Provisions in case of failure of constitutional machinery in State
357. Exercise of legislative powers under Proclamation issued under article 356
358. Suspension of provisions of article 19 during emergencies
359. Suspension of the enforcement of the rights conferred by Part III during emergencies
359A. [Repealed]
360. Provisions as to financial emergency
361. Protection of President and Governors and Rajpramukhs
361A. Protection of publication of proceedings of Parliament and State Legislature
362. [Repealed]
363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished
364. Special provisions as to major ports and aerodromes
365. Effect of failure to comply with, or to give effect to, directions given by the
366. Definitions
367. Interpretation
368. Power of Parliament to amend the Constitution and procedure therefor
369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
370. Temporary provisions with respect to the State of Jammu and Kashmir
371. Special provision with respect to the States of Maharashtra and Gujarat
371A. Special provision with respect to the State of Nagaland
371B. Special provision with respect to the State of Assam
371C. Special provision with respect to the State of Manipur
371D. Special provisions with respect to the State of Andhra Pradesh
371E. Establishment of Central University in Andhra Pradesh
371F. Special provisions with respect to the State of Sikkim
371G. Special provision with respect to the State of Mizoram
371H. Special provision with respect to the State of Arunachal Pradesh
371-I. Special provision with respect to the State of Goa
372. Continuance in force of existing laws and their adaptation
372A. Power of the President to adapt laws
373. Power of President to make order in respect of persons under preventive detention in certain cases
374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council
375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution
376. Provisions as to Judges of High Courts
377. Provisions as to Comptroller and Auditor-General of India
378. Provisions as to Public Service Commissions
378A. Special provisions as to duration of Andhra Pradesh Legislative Assembly
379-391. [Repealed]
392. Power of the President to remove difficulties
393. Short title
394. Commencement
395. Repeals
Schedule. First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
Sixth Schedule
Seventh Schedule
Eighth Schedule
Ninth Schedule
Tenth Schedule
Eleventh Schedule
Twelfth Schedule
Preamble
WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC,
REPUBLIC and to secure to all its citizens:-
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith
and worship;
EQUALITY of status and of opportunity; and to
promote among them all
FRATERNITY assuring the dignity of the individual
and the unity and integrity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
1. Name and territory of the Union
(1) India, that is Bharat, shall be a Union of
States.
(2) The States and the territories thereof
shall be as specified in the First Schedule.
(3) The territory of India shall comprise-
1. The territories of the States; the Union territories specified in the First Schedule; and such other territories as may be acquired.
2. Admission or establishment of new States
Parliament may by law admit into the Union, or establish, new States on such terms and conditions, as it thinks fit.
2A. [Repealed]
3. Formation of new States and alteration of areas, boundaries or names of existing States
Parliament may by law.
(a) form a new State by separation of
territory from any State or by uniting two or more States or parts of States or
by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State;
Provided that no Bill for the purpose shall be
introduced in either House of Parliament except on the recommendation of the President
and unless, where the proposal contained in the Bill affects the area,
boundaries or name of any of the States, the Bill has been referred by the
President to the Legislature of that State for expressing its views thereon
within such period as may be specified in the reference or within such further
period as the President may allow and the period so specified or allowed has
expired.
Explanation I - In this article, in
clauses (a) to (e), "State" includes a Union territory, but in the
proviso, "State" does not include a Union territory.
Explanation II - The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.
4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters
(1) Any law referred to in Article 2 or
Article 3 shall contain such provisions for the amendment of the First Schedule
and the Fourth Schedule as may be necessary to give effect to the provisions of
the law and may also contain such supplemental, incidental and consequential
provisions (including provisions as to representation in Parliament and in the
Legislature or Legislatures of the State or States affected by such law) as
Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.
5. Citizenship at the commencement of the Constitution
At the commencement of this Constitution every
person who has his domicile in the territory of India and -
(a) who was born in the territory of India; or
(b) either of whose parents was born in the
territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years preceding such commencement, shall be a citizen of India.
6. Rights of citizenship of certain persons who have migrated to India from Pakistan
Notwithstanding anything in Article 5, a
person who has migrated to the territory of India from the territory now
included in Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if-
(a) he or either of his parents or any of his
grand-parents was born in India as defined in the Government of India Act, 1935
(as originally enacted); and
(b) (i) in the case where such person has so
migrated before the nineteenth day of July, 1948, he has been ordinarily
resident in the territory of India since the date of his migration, or
(ii) in the case where
such person has so migrated on or after the nineteenth day of July, 1948, he
has been registered as a citizen of India by an officer appointed in that
behalf by the Government of the Dominion of India on an application made by him
therefor to such officer before the commencement of this Constitution in the
form and manner prescribed by that Government:
Provided that no person shall be so registered unless he has been resident in the territory of India or at least six months immediately preceding the date of his application.
7. Rights of citizenship of certain migrants to Pakistan
Notwithstanding anything in Articles 5 and 6,
a person who has after the first day of March, 1947,migrated from the territory
of India to the territory now included in Pakistan shall not be deemed to be a
citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
8. Rights of citizenship of certain persons of Indian origin residing outside India
8. Rights of citizenship of certain persons of
India origin residing outside India.-
Notwithstanding anything in Article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefore to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens
9. Person voluntarily acquiring citizenship of
a foreign State not to be citizens.-
No person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State.
10. Continuance of the rights of citizenship
Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
11. Parliament to regulate the right of citizenship by law
Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
General
12. Definition
In this part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
13. Laws inconsistent with or in derogation of the fundamental rights Right of Equality
13. Laws inconsistent with or in derogation of
the fundamental rights.-
(1) All laws in force in the territory of
India immediately before the commencement of this Constitution, in so far as
they are inconsistent with the provisions of this Part, shall, to the extent of
such inconsistency, be void.
(2) The State shall not make any law which takes
away or abridges the rights conferred by this Part and any law made in
contravention of this clause shall, to the extent of the contravention, be
void.
(3) In this article, unless the context
otherwise requires.-
"law" includes any Ordinance, order,
bye-law, rule, regulation, notification, custom or usages having in the
territory of India the force of law;
"laws in force" includes laws passed
or made by Legislature or other competent authority in the territory of India
before the commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in
operation either at all or in particular areas.
(4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368.
14. Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any
citizen on grounds only of religion, race, caste, sex, place of birth or any of
them.
(2) No citizen shall, on grounds only of
religion, race, caste, sex, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard to-
(a) access to shops,
public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells,
tanks, bathing ghats, roads and places of public resort maintained wholly or
partly out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the
State from making any special provision for women and children.
(4) Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
16. Equality of opportunity in matters of public employment
(1) There shall be equality of opportunity for
all citizens in matters relating to employment or appointment to any office
under the State.
(2) No citizen shall, on grounds only of
religion, race, caste, sex, descent, place of birth, residence or any of them,
be ineligible for, or discriminated against in respect or, any employment or
office under the State.
(3) Nothing in this article shall prevent
Parliament from making any law prescribing, in regard to a class or classes of
employment or appointment to an office under the Government of, or any local or
other authority within, a State or Union territory, any requirement as to
residence within that State or Union territory] prior to such employment or
appointment.
(4) Nothing in this article shall prevent the
State from making any provision for the reservation of appointments or posts in
favor of any backward class of citizens which, in the opinion of the State, is
not adequately represented in the services under the State.
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
17. Abolition of untouchability
"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.
18. Abolition of titles
No title, not being a military or academic
distinction, shall be conferred by the State.
No citizen of India shall accept any title
from any foreign State.
No person who is not a citizen of India shall,
while he holds any office of profit or trust under the State, accept without
the consent of the President any title from any foreign State.
No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.
19. Protection of certain rights regarding
freedom of speech etc.-
(1) All citizens shall have the right-
(a) to freedom of
speech and expression;
(b) to assemble
peaceably and without arms;
(c) to form
associations or unions;
(d) to move freely
throughout the territory of India;
(e) to reside and
settle in any part of the territory of India; and
(f) omitted
(g) to practice any
profession, or to carry on any occupation, trade or business.
(2) Nothing in sub-clause (a) of clause (1)
shall affect the operation of any existing law, or prevent the State from
making any law, in so far as such law imposes reasonable restrictions on the
exercise of the right conferred by the said sub-clause in the interests of the
sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or morality or in relation
to contempt of court, defamation or incitement to an offence.
(3) Nothing in sub-clause (b) of the said
clause shall affect the operation of any existing law in so far as it imposes,
or prevent the State from making any law imposing, in the interests of the
sovereignty and integrity of India or public order, reasonable restrictions on
the exercise of the right conferred by the said sub-clause.
(4) Nothing in sub-clause (c) of the said
clause shall affect the operation of any existing law in so far as it imposes,
or prevent the State from making any law imposing, in the interests of the
sovereignty and integrity of India or public order or morality, reasonable
restrictions on the exercise of the right conferred by the said sub-clause.
(5) Nothing in sub-clauses (d) and (e) of the
said clause shall affect the operation of any existing law in so far as it
imposes, or prevent the State from making any law imposing, reasonable
restrictions on the exercise of any of the rights conferred by the said
sub-clauses either in the interests of the general public or for the protection
of the interests of any Scheduled Tribe.
(6) Nothing in sub-clause (g) of the said
clause shall affect the operation of any existing law in so far as it imposes,
or prevent the State from making any law imposing, in the interests of the
general public, reasonable restrictions on the exercise of the right conferred
by the said sub-clause, and, in particular, nothing in the said sub-clause
shall affect the operation of any existing law in so far as it relates to, or
prevent the State from making any law relating to,-
(i) the professional
or technical qualifications necessary for practicing any profession or carrying
on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.
20. Protection in respect of conviction for offences
(1) No person shall be convicted of any
offence except for violation of the law in force at the time of the commission
of the act charged as an offence, nor be subjected to a penalty greater than
that which might have been inflicted under the law in force at the time of the
commission of the offence.
(2) No person shall be prosecuted and punished
for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.
21. Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
22. Protection against arrest and detention in certain cases
(1) No person who is arrested shall be detained
in custody without being informed, as soon as may be, of the grounds for such
arrest nor shall he be denied the right to consult, and to be defended by, a
legal practitioner of his choice.
(2) Every person who is arrested and detained
in custody shall be produced before the nearest magistrate within a period of
twenty-four hours of such arrest excluding the time necessary for the journey
from the place of arrest to the court of the magistrate and no such person
shall be detained in custody beyond the said period without the authority of a
magistrate.
(3) Nothing in clauses (1) and (2) shall apply
(a) to any person who for the time being is an enemy alien; or (b) to any
person who is arrested or detained under any law providing for preventive
detention.
(4) No law providing for preventive detention
shall authorize the detention of a person for a longer period than three months
unless-
(a) an Advisory Board
consisting of persons who are, or have been, or are qualified to be appointed
as, Judges of a High Court has reported before the expiration of the said
period of three months that there is in its opinion sufficient cause for such
detention:
(5) When any person is detained in pursuance
of an order made under any law providing for preventive detention, the
authority making the order shall, as soon as may be, communicate to such person
the grounds on which the order has been made and shall afford him the earliest
opportunity of making a representation against the order.
(6) Nothing in clause (5) shall require the
authority making any such order as is referred to in that clause to disclose
facts which such authority considers to be against the public interest to
disclose.
(7) Parliament may by law prescribe-
(a) the
circumstances under which, and the class or classes of cases in which, a person
may be detained for a period longer than three months under any law providing
for preventive detention without obtaining the opinion of an Advisory Board in
accordance with the provisions of sub-clause (a) of clause (4);
(b) the maximum period
for which any person may in any class or classes of cases be detained under any
law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).
Right against Exploitation
23. Prohibition of traffic in human beings and forced labor
(1) Traffic in human beings and begar and
other similar forms of forced labor are prohibited and any contravention of
this provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public purpose, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.
24. Prohibition of employment of children in factories, etc.
No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Provided that nothing in this sub-clause shall authorize the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7)
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and
health and to the other provisions of this Part, all persons are equally
entitled to freedom of conscience and the right freely to profess, practice and
propagate religion.
(2) Nothing in this article shall affect the
operation of any existing law or prevent the State from making any law
(a) regulating or
restricting any economic, financial, political or other secular activity which
may be associated with religious practice;
(b) providing for
social welfare and reform or the throwing open of Hindu religious institutions
of a public character to all classes and sections of Hindus.
Explanation I.- The wearing and
carrying of kirpans shall be deemed to be included in the profession of the
Sikh religion.
Explanation II.- In sub-clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
26. Freedom to manage religious affairs
Subject to public order, morality and health,
every religious denomination or any section thereof shall have the right-
(a) to establish and maintain institutions for
religious and charitable purposes;
(b) to manage its own affairs in matters of
religion;
(c) to own and acquire movable and immovable
property; and
(d) to administer such property in accordance with law.
27. Freedom as to payment of taxes for promotion of any particular religion
No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religions denomination.
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions
(1)No religion instruction shall be provided
in any educational institution wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an
educational institution which is administered by the State but has been established
under any endowment or trust which requires that religious instruction shall be
imparted in such institution.
(3) No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. Cultural and Educational Rights
Cultural and Educational Rights
29. Protection of interests of minorities
(1) Any section of the citizens residing in
the territory of India or any part thereof having a distinct language, script
or culture of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
30. Right of minorities to establish and administer educational institutions
(1)All minorities, whether based on religion
or language, shall have the right to establish and administer educational
institutions of their choice.
(1A) In making any law providing for the
compulsory acquisition of any property of an educational institution
established and administered by a minority, referred to in clause (1), the
State shall ensure that the amount fixed by or determined under such law for
the acquisition of such property is such as would not restrict or abrogate the
right guaranteed under that clause.
(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
31. [Repealed]
Saving of certain laws
31A. Saving of laws providing for acquisition of estates, etc.
(1) Notwithstanding anything contained in
Article 13, no law providing for
(a) the acquisition by
the State of any estate or of any rights therein or the extinguishment or
modification of any such rights, or
(b) the taking over of
the management of any property by the State for a limited period either in the
public interest or in order to secure the proper management of the property, or
(c) the amalgamation
of two or more corporations either in the public interest or in order to secure
the proper management of any of the corporations, or
(d) the extinguishment
or modification of any rights of managing agents, secretaries and treasurers,
managing directors, directors or managers of corporations, or of any voting
rights of shareholders thereof, or
(e) the extinguishment
or modification of any rights accruing by virtue of any agreement, lease or
license for the purpose of searching for, or winning, any mineral or mineral
oil, or the premature termination or cancellation of any such agreement, lease
or license, shall be deemed to be void on the ground that it is inconsistent
with, or takes away or abridges any of the rights conferred by [Article 14 or
Article 19]:
Provided that where such law is a law made by
the Legislature of a State, the provisions of this article shall not apply
thereto unless such law, having been reserved for the consideration of the
President, has received his assent:
Provided further that where any law makes any
provision for the acquisition by the State of any estate and where any land comprised
therein is held by a person under his personal cultivation, it shall not be
lawful for the State to acquire any portion of such land as is within the
ceiling limit applicable to him under any law for the time being in force or
any building or structure standing thereon or appurtenant thereto, unless the
law relating to the acquisition of such land, building or structure, provides
for payment of compensation at a rate which shall not be less than the market
value thereof.
(2) In this article,-
(a) the expression
"estate", shall, in relation to any local area, have the same meaning
as that expression or its local equivalent has in the existing law relating to
land tenures in force in that area and shall also include-
(i) any jagir, inam or
muafi or other similar grant and in the States of Tamil Nadu and Kerala, any
janmam right;
(ii) any land held
under ryotwary settlement;
(iii)any land held or
let for purposes of agriculture or for purposes ancillary thereto, including
waste land, forest land, land for pasture or sites of buildings and other
structures occupied by cultivators of land, agricultural laborers and village
artisans;
(b) the expression "rights", in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under- raiyat or other intermediary and any rights or privileges in respect of land revenue.
31B. Validation of certain Acts and Regulations
Without prejudice to the generality of the provisions contained in Article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.
31C. Saving of laws giving effect to certain directive principles
Notwithstanding anything contained in Article 13,
no law giving effect to the policy of the State towards securing all or any of
the principles laid down in Part IV shall be deemed to be void on the ground
that it is inconsistent with, or takes away or abridges any of the rights
conferred by Article 14 or Article 19 and no law containing a declaration that
it is for giving effect to such policy shall be called in question in any court
on the ground that it does not give effect to such policy:
Provided that where such law is made by the Legislature of a State, the provisions of this Article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.
31D. [Repealed]
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by
appropriate proceedings for the enforcement of the rights conferred by this
Part is guaranteed.
(2) The Supreme Court shall have power to
issue directions or orders or writs, including writs in the nature of habeas
corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred
on the Supreme Court by clause (1) and (2), Parliament may by law empower any
other court to exercise within the local limits of its jurisdiction all or any
of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
32A. [Repealed]
33. Power of Parliament to modify the rights conferred by this Part in their application, etc.
33. Power of Parliament to modify the rights
conferred by this Part in their application etc.-
Parliament may, by law, determine to what
extent any of the rights conferred by this Part shall, in their application
to,-
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the
maintenance of public order; or
(c) persons employed in any bureau or other
organization established by the State for purposes of intelligence or counter
intelligence; or
(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organization referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.
34. Restriction on rights conferred by this Part while martial law is in force in any area
Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.
35. Legislation to give effect to the provisions of this Part
35. Legislation to give effect to the
provisions of this Part.- Notwithstanding anything in this Constitution,-
(a) Parliament shall have, and the Legislature
of a State shall not have, power to make laws-
(i) with respect to
any of the matters which under clause (3) of Article 16, clause (3) of Article
32, Article 33 and Article 34 may be provided for by law made by Parliament;
and
(ii) for prescribing
punishment for those acts which are declared to be offences under this Part;
and Parliament shall, as soon as may be after the commencement of this
Constitution, make laws for prescribing punishment for the acts referred to in
sub-clause (ii);
(b) any law in force immediately before the
commencement of this Constitution in the territory of India with respect to any
of the matters referred to in sub-clause (i) of clause (a) or providing for
punishment for any act referred to in sub-clause (ii) of that clause shall,
subject to the terms there of and to any adaptations and modifications that may
be made therein under Article 372, continue in force until altered or repealed
or amended by Parliament.
Explanation.- In this article, the expression "law in force" has the same meaning as in Article 372.
36. Definition
In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.
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.
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 endeavor to 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.
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 to 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 children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
39A. Equal justice and free legal aid
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
40. Organization of village panchayats
The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
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.
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.
43. Living wage, etc., for workers
The State shall endeavor to secure, by suitable legislation or economic organization 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 co-operative basis in rural areas.
43A. Participation of workers in management of industries
The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.
44. Uniform civil code for the citizens
The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
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.
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.
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 of drugs which are injurious to health.
48. Organization of agriculture and animal husbandry
The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
48A. Protection and improvement of environment and safeguarding of forests and wild life
The State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country.
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 interests, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
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.
51. Promotion of international peace and security
The State shall endeavor to -
(a) promote international peace and security;
(b) maintain just and honorable relations
between nations;
(c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and encourage settlement of international disputes by arbitration.
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 wild life, 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.
Chapter I - The President and Vice-President
52. The President of India
There shall be a President of India.
53. Executive power of the Union
(1) The executive power of the Union shall be
vested in the President and shall be exercised by him either directly or
through officers subordinate to him in accordance with this Constitution.
(2) Without prejudice to the generality of the
foregoing provision, the supreme command of the Defense Forces of the Union
shall be vested in the President and the exercise thereof shall be regulated by
law.
(3) Nothing in this article shall-
(a) be deemed to
transfer to the President any functions conferred by any existing law on the
Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other than the President.
54. Election of President
The President shall be elected by the members of an electoral college consisting of the elected members of both Houses of Parliament; and the elected members of the Legislative Assemblies of the States.
55. Manner of election of President
(1) As far as practicable, there shall be
uniformity in the scale of representation of the d different States at the
election of the President.
(2) For the purpose of securing such
uniformity among the States inter se as well as parity b between the States as
a whole and the Union, the number of votes which each elected member of
Parliament and of the Legislative Assembly of each State is entitled to cast at
such election shall be determined in the following manner:-
(a) every elected
member of the Legislative Assembly of a State shall have as many votes as there
are multiples of one thousand in the quotient obtained by dividing the
population of the State by the total number of the elected members of the
Assembly;
(b) if, after taking
the said multiples of one thousand, the remainder is not less than five
hundred, then the vote of each member referred to in sub-clause (a) shall be
further increased by one;
(c) each elected
member of either House of Parliament shall have such number of votes as may be
obtained by dividing the total number of votes assigned to the members of the
Legislative Assemblies of the States under sub-clause (a) and (b) by the total
number of the elected members of both Houses of Parliament, fractions exceeding
one-half being counted as one and other fractions being disregarded.
(3) The election of the President shall be
held in accordance with the system of proportional representation by means of
the single transferable vote and the voting at such election shall be by secret
ballot.
Explanation.- n this article, the
expression "population" means the population ascertained at the last
preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.
56. Term of office of President
(1) The President shall hold office for a term
of five years from the date on which he enters upon his office:
Provided that -
(a) the President may, by writing under his hand
addressed to the Vice-President, resign his office;
(b) the President may, for violation of the
constitution, be removed from office by impeachment in the manner provided in
Article 61:
(c) the President shall, notwithstanding the expiration
of his term, continue to hold office until his successor enters upon his
office.
(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.
57. Eligibility for re-election
A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.
58. Qualifications for election as President
(1) No person shall be eligible for election
as President unless he-
(a) is a citizen of
India,
(b) has completed the
age of thirty-five years, and
(c) is qualified for
election as a member of the House of the People.
(2) A person shall not be eligible for
election as President if he holds any office of profit under the or the
Government of any State or under any local or other authority subject to the
control of any of the said Governments.
Explanation.- For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice President of the Union or the Governor of any State or is a Minister either for the Union or for any State.
59. Conditions of President�s office
(1) The President shall not be a member of
either House of Parliament or of a House of the Legislature of any State, and
if a member of either House of Parliament or of a House of the Legislature of
any State be elected President, he shall be deemed to have vacated his seat in
that House on the date on which he enters upon his office as President.
(2) The President shall not hold any other
office of profit.
(3) The President shall be entitled without payment
of rent to the use of his official residences and shall be also entitled to
such emoluments, allowances and privileges as may be determined by Parliament
by law and, until provision in that behalf is so made, such emoluments,
allowances and privileges as are specified in the Second Schedule.
(4) The emoluments and allowances of the President shall to be diminished during his term of office.
60. Oath or affirmation by the President
Every President and every person acting as
President or discharging the functions of the President shall, before entering
upon his office, make and subscribe in the presence of the Chief Justice of
India or, in his absence, the senior most Judge of the Supreme Court available,
an oath or affirmation in the following form, that is to say-swear in the name
of God.
"I, A.B., do ------------------------- that I olemnly affirm will faithfully execute the office of President (or discharge the functions of the President) of India and will do the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India."
61. Procedure for impeachment of the President
(1) When a President is to be impeached for
violation of the Constitution, the charge shall be preferred by either House of
Parliament.
(2) No such charge shall be preferred unless-
(a) the proposal to
prefer such charge is contained in a resolution which has been moved after at
least fourteen days� notice in writing signed by not less than one-fourth of
the total number of members of the House has been given of their intention to
move the resolution, and
(b) such resolution
has been passed by a majority of not less than two-thirds of the total
membership of the House.
(3) When a charge has been so preferred by
either House of Parliament, the other House shall investigate the charge or
cause the charge to be investigated and the President shall have the right to
appear and to be represented as such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or cause to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.
62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy
(1) An election to fill a vacancy caused by
the expiration of the term of office of President shall be completed before the
expiration of the term.
(2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.
63. The Vice-President of India
There shall be a Vice-President of India.
64. The Vice-President to be ex-officio Chairman of the Council of States
The Vice-President shall be ex-officio chairman of the counsel of States and shall not hold any other office of profit: Provided that during any period when the Vice-President acts as President or discharges the functions of the President under Article 65, he shall not perform the duties of the office of chairman of the council of States and shall not be entitled to any salary or allowance payable to the chairman of the council of States under Article 97.
65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President
(1) In the event of the occurrence of any
vacancy in the office of the President by reason of his death, resignation or
removal, or otherwise, the Vice-President shall act as President until the date
on which a new President elected in accordance with the provisions of this
Chapter to fill such vacancy enters upon his office.
(2) When the President is unable to discharge
his functions owing to absence, illness or any other cause, the Vice-President
shall discharge his functions until the date on which the President resumes his
duties.
(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
66. Election of Vice-President
(1) The Vice-President shall be elected by the
members of an electoral college consisting of the members of both Houses of
Parliament in accordance with the system of proportional representation by
means of the single transferable vote and the voting at such election shall be
by secret ballot.
(2) The Vice-President shall not be a member
of either House of Parliament or of a House of the Legislature of any State,
and if a member of either House of Parliament or of a House of the Legislature
of any State be elected Vice-President, he shall be deemed to have vacated his
seat in that House on the date on which he enters upon his office as
Vice-President.
(3) No person shall be eligible for election
as Vice-President unless he-
(a) is a citizen of
India;
(b) has completed the
age of thirty-five years;
(c) is qualified for election
as a member of the Council of States.
(4) A person shall not be eligible for
election as Vice-President if he holds any office of profit under the
Government of India or the Government of any State or under any local or other
authority subject to the control of any of the said Governments.
Explanation- For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.
67. Term of office of Vice-President
The Vice-President shall hold office for a
term of five years from the date on which he enters upon his office:
Provided that -
(a) a Vice-President may, by writing under his
hand addressed to the President, resign his office;
(b) a Vice-President may be removed from his
office by a resolution of the council of States passed by a majority of all the
then members of the council and agreed to by the House of the People; but no
resolution for the purpose of this clause shall be moved unless at least
fourteen days� notice has been given of the intention to move the reso
(c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy
(1) An election to fill a vacancy caused by
the expiration of the term of office of Vice-President shall be completed
before the expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of Article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office.
69. Oath or affirmation by the Vice-President
Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say-swear in the name of God� I, A.B., do ------------------------- that solemnly affirm will bear true faith, and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter."
70. Discharge of President�s functions in other contingencies
Parliament may make such provision as if thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.
71. Matters relating to, or connected with, the election of a President or Vice-President
(1) All doubts and disputes arising out of or
in connection with the election of a president or vice-President shall be
inquired into and decided by the Supreme court whose decision shall be final.
(2) If the election of a person as President
or Vice-President is declared void by the Supreme court, acts done by him in
the exercise and performance of the powers and duties of the office of
President or Vice-President, as the case may be, on or before the date of the
decision of the Supreme Court shall not be invalidated by reason of that
declaration.
(3) Subject to the provisions of this
constitution, Parliament may by law regulate any matter relating to or
connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.
72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
(1) The President shall have the power to
grant pardons, reprieves, respites or remissions of punishment or to suspend,
remit or commute the sentence of any person convicted of any offence-
(a) in all cases where
the punishment or sentence is by a court Martial;
(b) in all cases where
the punishment or sentence is for an offence against any law relating to a
matter to which the executive power of the Union extends;
(c) in all cases where
the sentence is a sentence of death.
(2) Noting in sub-clause (a) of Clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.
73. Extent of executive power of the Union Council of Ministers
73. Extent of executive power of the Union.-
(1) Subject to the provisions of this
Constitution, the executive power of the Union shall extend-
(a) to the matters with
respect to which Parliament has power to make laws; and
(b) to the exercise of
such rights, authority and jurisdiction as are exercisable by the government of
India by virtue of any treaty on agreement:
Provided that the executive power referred to in
sub-clause (a) shall not, save as expressly provided in this constitution or in
any law made by Parliament, extend in any State to matters with respect in
which the Legislature of the State has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.
74. Council of Ministers to aid and advise 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:
Provided that the President may require the
council of Ministers to reconsider such advice, either generally or otherwise,
and the President shall act in accordance with the advice tendered after such
reconsideration.
(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.
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 Minister 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 by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.
The Attorney-General for India
76. Attorney-General for India
(1) The President shall appoint a person who
is qualified to be appointed a Judge of the Supreme Court to be
Attorney-General for India.
(2) it shall be the duty of the Attorney
General to give advice to the Government of India upon such legal matters, and
to perform such other duties of a legal character, as may from time to time be
referred or assigned to him by the President, and to discharge the functions
conferred on him by or under this Constitution or any other law for the time
being in force.
(3) In the performance of his duties the
Attorney-General shall have right of audience in all courts in the territory of
India.
(4) The Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.
Conduct of Government Business
77. Conduct of business of the Government of India
(1) All executive action of the Government of
India shall be expressed to be taken in the name of the President.
(2) Orders and other instruments made and
executed in the name of the President shall be authenticated in such manner as
may be specified in rules to be made by the President, and the validity of an
order or instrument which is so authenticated shall nor be called in question
on the ground that it is not an order or instrument made or executed by the
President.
(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
78. Duties of Prime Minister as respects the furnishing of information to the President, etc.
It shall be the duty of the Prime Minister-
(a) to communicate to the President all
decisions of the council of Ministers relating to the administration of the
affairs of the union and proposals for legislation;
(b) to furnish such information relating to
the administration of the affairs of the Union and proposals for legislation as
the President may call for; and
(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
Chapter II - General
79. Constitution of Parliament
There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the council of States and the House of the People.
80. Composition of the Council of States
(1) The Council of States shall consist of-
(a) twelve members to
be nominated by the President in accordance with the provisions of clause
(3);and
(b) not more than two
hundred and thirty-eight representatives of the States and of the Union
territories.
(2) The allocation of seats in the Council of
States to be filled by representatives of the States and of the Union
territories shall be in accordance with the provisions in that behalf contained
in the fourth Schedule.
(3) The members to be nominated by the
President under sub-clause (a) of clause (1) shall consist of persons having
special knowledge or practical experience in respect of such matters as the
following, namely:-
Literature, science, art and social service.
(4) The representatives of each State in the
council of States shall be elected by the elected members of the Legislative
Assembly of the State in accordance with the system of proportional
representation by means of the single transferable vote.
(5) The representatives of the Union Territories in the council of States shall be chosen in such manner as Parliament may by law prescribe.
81. Composition of the House of the People
(1) Subject to the provisions of Article 331
the House of the People shall consist of -
(a) not more than five
hundred and thirty members chosen by direct election from territorial
constituencies
in the States, and
(b) not more than
twenty members to represent the Union territories, chosen in such manner as
parliament may by law provide.
(2) For the purposes of sub-clause (a) of
clause (1)-
(a) there shall be
allotted to each State a number of seats in the House of the People in such
manner that the ratio between that number and the population of the State is,
so far as practicable, the same for all States; and
(b) each State shall
be divided into territorial constituencies in such manner that the ratio
between the population of each constituency and the number of seats allotted to
it is, so far as practicable, the same throughout the State:
Provided that the provisions of
sub-clause (a) of this clause shall not be applicable for the purpose of
allotment of seats in the House of the People to any State so long as the
population of that State does not exceed six millions.
(3) In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.
82. Readjustment after each census
Upon the completion of each census, the allocation
of seats in the House of the People to the States and the division of each
State into territorial constituencies shall be readjusted by such authority and
in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect
representation in the House of the People until the dissolution of the then
existing House: Provided further that such readjustment shall take effect from
such date as President may, by order, specify and until such readjustment takes
effect, any election to the House may be held on the basis of the territorial
constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken after the year 2000 have been published, it shall not be necessary to readjust the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies under this article.
83. Duration of Houses of Parliament
(1) The council of States shall not be subject
to dissolution, but as nearly as possible one-third of the members thereof
shall retire as soon as may be on the expiration of every second year in
accordance with the provisions made in that behalf by Parliament by law.
(2) The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year as a time and not extending in any case beyond a period of six months after s the Proclamation has ceased to operate.
84. Qualification for membership of Parliament
A person shall not be qualified to be chosen
to fill a seat in Parliament unless he-
(a) is a citizen of India, and makes and
subscribes before some person authorized in that behalf by the Election
Commission an oath or affirmation according to the form set out for the purpose
in the Third Schedule;
(b) is, in the case of a seat in the Council
of States, not less than thirty years of age and, in the case of a seat in the
House of the People, not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
85. Sessions of Parliament, prorogation and dissolution
(1) The President shall form time to time
summon each House of Parliament to meet at such time and place as he thinks
fit, but six months shall not intervene between its last sitting in one session
and the date appointed for its first sitting in the next session.
(2) The President may from time to time-
(a) prorogue the
Houses or either House;
(b) dissolve the House of the People.
86. Right of President to address and send messages to Houses
(1) The President may address either House of
Parliament or both Houses assembled together, and for that purpose require the
attendance of members.
(2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.
87. Special address by the President
(1) At the commencement of the first session
after each general election to the House of the People and at the commencement of
the first session of each year the President shall address both Houses of
Parliament assembled together and inform Parliament of the causes of its
summons.
(2) Provision shall be made by rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address.
88. Rights of Ministers and Attorney-General as respects Houses Officers of Parliament
88. Rights of Ministers and Attorney-General
in respects Houses.-
Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.
89. The Chairman and Deputy Chairman of the Council of States
(1) The Vice-President of India shall be
ex-officio Chairman of the Council of States.
(2) The council of States shall, as soon as may be, choose a member of the council to be Deputy an thereof and, so often as the office of Deputy Chairman becomes vacant, the council shall choose another member to be Deputy chairman thereof.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman
A member holding office as Deputy chairman of
the Council of States-
(a) shall vacate his office if he cease to be
a member of the Council;
(b) may at any time, by writing under his hand
addressed to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause � shall be moved unless at least fourteen days� notice has been given of the intention to move the resolution.
91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
(1) While the office of Chairman is vacant, or
during any period when the vice-President is acting as, or discharging the
functions of, President, the duties of the office shall be performed by the
Deputy chairman, or, if the office of Deputy chairman is also vacant, by such
member of the council of States as the President may appoint for the purpose.
(2) During the absence of the chairman from any sitting of the council of States the Deputy chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the council, or, if no such person is present, such other person as may be determined by the council, shall act as Chairman.
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the Council of States,
while any resolution for the removal of the Vice-President from his office is
under consideration, the Chairman, or while any resolution for the removal of
the Deputy Chairman from his office is under consideration, the Deputy
Chairman, shall not, though he is present, preside, and the provisions of
clause (2) of Article 91 shall apply in relation to every such sitting as they
apply in relation to a sitting from which the chairman, or, as the case may be,
the Deputy Chairman, is absent.
(2) The Chairman shall have the right to speak in, and otherwise to take part in proceedings of, the Council of States while any resolution for the removal of the Vice President from his office is under consideration in the Council, but, notwithstanding anything in Article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.
93. The Speaker and Deputy Speaker of the House of the People
The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
A member holding office as Speaker or Deputy
Speaker of the House of the People-
(a) shall vacate his office if he ceases to be
a member of the House of the People;
(b) may at any time, by writing under his hand
addressed, if such member is the Speaker, to the Deputy Speaker, and if such
member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a
resolution of the House of the People passed by a majority of all the then
members of the House:
Provided that no resolution for the purpose of
clause � shall be moved unless at least fourteen days� notice has been given of
the intention to move the resolution:
Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
(1) While the office of Speaker is vacant, the
duties of the office shall be performed by the Deputy Speaker or, if the office
of Deputy Speaker is also vacant, by such member of the House of the People as
the President may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker.
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the House of the People,
while any resolution for the removal of the Speaker from his office is under
consideration, the Speaker, or while any resolution for the removal of the
Deputy Speaker from his office is under consideration, the Deputy Speaker, shall
not, though he is present, preside, and the provisions of clause (2) of Article
95 shall apply in relation to every such sitting as they apply in relation to a
sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is
absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in Article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker
There shall be paid to the Chairman and the Deputy Chairman of the council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.
98. Secretariat of Parliament
(1) Each House of Parliament shall have a separate
secretariat staff: Provided that nothing in this clause shall be construed as
preventing the creation of posts common to both Houses of Parliament.
(2) Parliament may by law regulate the
recruitment, and the conditions of service of persons appointed, to the
secretarial staff of either House of Parliament.
(3) Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the House of the People or the chairman of the council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause.
Conduct of Business
99. Oath or affirmation by members
Every member of either House of Parliament shall, before taking his seat, 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.
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
(1) Save as otherwise provided in this
Constitution, all questions at any sitting of either House or joint sitting of
the Houses shall be determined by a majority of votes of the members present
and voting, other than the Speaker or person acting as Chairman or Speaker. The
Chairman or Speaker, or person acting as such, shall not vote in the first
instance, but shall have and exercise a casting vote in the case of an equality
of votes.
(2) Either House of Parliament shall have
power to act notwithstanding any vacancy in the membership thereof, and any
proceedings in Parliament shall be valid notwithstanding that it is discovered
subsequently that some person who was not entitled so to do sat or voted or
otherwise took part in the proceedings.
(3) Until Parliament by law otherwise
provides, the quorum to constitute a meeting of either House of Parliament
shall be one-tenth of the total number of members of the House.
(4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.
Disqualifications of Members
101. Vacation of seats
(1) No person shall be a member of both Houses
of Parliament and provision shall be made by Parliament by law for the vacation
by a person who is chosen a member of both Houses of his seat in one House or
the other.
(2) No person shall be a member both of
Parliament and of a House of the Legislature of a State and if a person is
chosen a member both of Parliament and of a House of the Legislature of a State,
then, at the expiration of such period as may be specified in rules made by the
President, that person�s seat in Parliament shall become vacant, unless he has
previously resigned his seat in the Legislature of the State.
(3) If a member of either House of Parliament-
(a) becomes subject to
any of the disqualification's mentioned in clause (1) or clause (2) of Article
102, or
(b) resigns his seat
by writing under his hand addressed to the Chairman or the Speaker, as the as
may be, and his resignation is accepted by the chairman or the Speaker, as the
case may be, his seat shall thereupon become vacant: Provided that in the case
of any resignation referred to in sub-clause (b), if from information received
or otherwise and after making such inquiry as he thinks fit, the chairman or
the Speaker, as the case may be, is satisfied that such resignation is not
voluntary or genuine, he shall not accept such resignation.
(4) If for a period of sixty days a member of
either House of Parliament is without permission of the House absent from all
meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.
102. Disqualifications for membership
102. Disqualification's for membership.-
(1) A person shall be disqualified for being
chosen as, and for being, a member of either House of Parliament-
(a) if he holds any
office of profit under the Government of India or the Government of any State,
other than an office declared by Parliament by law not to disqualify its
holder;
(b) if he is of
unsound mind and stands so declared by a competent court;
(c) if he is an
undischarged insolvent;
(d) if he is not a
citizen of India, or has voluntarily acquired the citizenship of a foreign
State, or is under any acknowledgement of allegiance or adherence to a foreign
State;
(e) if he is so
disqualified by or under any law made by Parliament.
Explanation- For the purposes of
this clause a person shall not be deemed to hold an office of profit under the
Government of India or the Government of any State by reason only that he is a
Minister either for the Union or for such State.
(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.
103. Decision on questions as to disqualifications of members
(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of Article 102, the question shall be referred for the decision of the President and his decision shall be final.
(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.
104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified Powers, Privileges and Immunities of Parliament and its Members
104. Penalty for sitting and voting before
making oath or affirmation under Article 99 or when not qualified or when
disqualified.-
If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of Article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.
105. Powers, privileges, etc. of the Houses of Parliament and of the members and committees thereof
(1) Subject to the provisions of this
constitution and the rules and standing orders regulating the procedure of
Parliament, there shall be freedom of speech in Parliament.
(2) No member of Parliament shall be liable to
any proceedings in any court in respect of anything said or any vote given by
him in Parliament or any committee thereof, and no person shall be so liable in
respect of the publication by or under the authority of either House of
Parliament of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges
and immunities of each House of Parliament, and of the members and the
committees of each House, shall be such as may from time to time be defined by
Parliament by law, and, until so defined shall be those of that House and of
its members and committees immediately before the coming into force of Section
15 of the Constitution (Forty-fourth Amendment) Act 1978.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.
106. Salaries and allowances of members
Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India.
Legislative Procedure
107. Provisions as to introduction and passing of Bills
(1) Subject to the provisions of Articles 109 and
117 with respect to Money Bills and other financial Bills, a Bill may originate
in either House of Parliament.
(2) Subject to the provisions of Article 108
and 109, a Bill shall not be deemed to have been passed by the Houses of
Parliament unless it has been agreed to by both Houses, either without
amendment or with such amendments only as are agreed by both Houses.
(3) A Bill pending in Parliament shall not
lapse by reason of the prorogation of the Houses.
(4) A Bill pending in the Council of States
which has not been passed by the House of the People shall not lapse on a
dissolution of the House of the People.
(5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the council of States, shall subject to the provisions of Article 108, lapse on a dissolution of the House of the People.
108. Joint sitting of both Houses in certain cases
(1) If after a Bill has been passed by one
House and transmitted to the other House-
(a) the Bill is
rejected by the other House; or
(b) the Houses have
finally disagreed as to the amendments to be made in the Bill; or
(c) more than six
months elapse from the date of the reception of the Bill by the other House
without the Bill being passed by it. the President may, unless the Bill has
lapsed by reason of a dissolution of the House of the People, notify to the
Houses by message if they are sitting or by public notification if they are not
sitting, his intention to summon them to meet in a joint sitting for the
purpose of deliberating and voting on the Bill:
Provided that nothing in this clause shall apply
to a Money Bill.
(2) In reckoning any such period of six months
as is referred to in clause (1), no account shall be taken of any period during
which the House referred to in sub-clause � of that clause is prorogued or
adjourned for more than four consecutive days.
(3) Where the President has under clause (1) notified
his intention of summoning the Houses to meet in a joint sitting, neither House
shall proceed further with the Bill, but the President may at any time after
the date of his notification summon the Houses to meet in a joint sitting for
the purpose specified in the notification and, if he does so, the Houses shall
meet accordingly.
(4) If at the joint sitting of the two Houses
the Bill, with such amendments, if any, as are agreed to in joint sitting, is
passed by a majority of the total number of members of both Houses present and
voting, it shall be deemed for the purposes of this Constitution to have been
passed by both Houses:
Provided that a joint sitting-
(a) if the Bill, having been passed by one
House, has not been passed by the other House with amendments and returned to
the House in which it originated, no amendment shall be proposed to the Bill
other than such amendments (if any) as are made necessary by the delay in the
passage of the Bill;
(b) if the Bill has been so passed and
returned, only such amendments as aforesaid shall be proposed to the Bill and
such other amendments as are relevant to the matters with respect to which the
Houses have not agreed; and the decision of the person presiding as to the
amendments which are admissible under this clause shall be final.
(5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.
109. Special procedure in respect of Money Bills
(1) A Money Bill shall not be introduced in
the Council of States.
(2) After a Money Bill has been passed by the
House of the People it shall be transmitted to the Council of States for its
recommendations and the Council of States shall within a period of fourteen
days from the date of its receipt of the Bill return the Bill to the house of
the People with its recommendations and the House of the People may thereupon
either accept or reject all or any of the recommendations of the Council of
States.
(3) If the House of the People accepts any of
the recommendations of the council of States, the Money Bill shall be deemed to
have been passed by both Houses with the amendments recommended by the council
of States and accepted by the House of the People.
(4) If the House of the People does not accept
any of the recommendations of the council of States, the Money Bill shall be
deemed to have been passed by both Houses in the form in which it was passed by
the House of the People without any of the amendments recommended by the
Council of States.
(5) If a Money Bill passed by the House of the People and transmitted to the council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.
110. Definition of Money Bill
110. Definition of "Money Bill".-
(1) For the purposes of this Chapter, a Bill
shall be deemed to be a Money Bill if it contains only provisions dealing with
all or any of the following matters, namely-
(a) the imposition, abolition,
remission, alteration or regulation of any tax;
(b) the regulation of
the borrowing of money or the giving of any guarantee by the Government of
India, or the amendment of the law with respect to any financial obligations
undertaken or to be undertaken by the Government of India;
(c) the custody of the
consolidated Fund or the Contingency Fund of India, the payment of moneys into
or the withdrawal of moneys from any such Fund;
(d) the appropriation
of moneys out of the consolidated Fund of India;
(e) the declaring of
any expenditure to be expenditure charged on the Consolidated Fund of India or
the increasing of the amount of any such expenditure;
(f) the receipt of
money on account of the Consolidated Fund of India or the public account of
India or the custody or issue of such money or the audit of the accounts of the
Union or of a State; or
(g) any matter
incidental to any of the matters specified in sub-clause (a) to (f).
(2) A Bill shall not be deemed to be a Money
Bill by reason only that it provides for the imposition of fines or other
pecuniary penalties, or for the demand or payment of fees for licenses or fees
for services rendered, or by reason that it provides for the imposition,
abolition, remission, alteration or regulation of any tax by any local
authority or body for local purposes.
(3) If any question arises whether a Bill is a
Money Bill or not, the decision of the Speaker of the House of the People
thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under Article 109, and when it is presented to the President for assent under Article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.
111. Assent to Bills
When a Bill has been passed by the Houses of
Parliament, it shall be presented to the President, and the President shall
declare either that he assents to the Bill, or that he withholds assent there
from.
Provided that the President may, as soon as
possible after the presentation to him of a Bill for assent, return the Bill if
it is not a Money Bill to the Houses with a message requesting that they will
reconsider the Bill or any specified provisions thereof and, in particular, will
consider the desirability of introducing any such amendments as he may
recommend in his message, and when a Bill is so returned, the Houses shall
reconsider the Bill accordingly, and if the Bill is passed again by the Houses
with or without amendment and presented to the President for assent, the
President shall not withhold assent there from.
Procedures in Financial Matters
Procedures in Financial Matters
112. Annual financial statement
(1) The President shall in respect of every financial
year cause to be laid before both the Houses of Parliament a statement of the
estimated receipts and expenditure of the Government of India for that year, in
this Part referred to as the "annual financial statement".
(2) The estimates of expenditure embodied in
the annual financial statement shall show separately-
(a) the sums required
to meet expenditure described by the Condition as expenditure charged upon the
Consolidated Fund of India; and
(b) the sums required
to meet other expenditure proposed to be made from the Consolidated Fund of
India, and shall distinguish expenditure on revenue account from other
expenditure.
(3) The following expenditure shall be
expenditure charged on the Consolidated Fund of India-
(a) the emoluments and
allowances of the President and other expenditure relating to his office;
(b) the salaries and
allowances of the Chairman and the Deputy Chairman of the Council of States and
the Speaker and the Deputy Speaker of the House of the People;
(c) debt charges for
which the Government of India is liable including interest, sinking fund
charges and redemption charges, and other expenditure relating to the raising
of loans and the service and redemption of debt;
(d) (i) the salaries,
allowances and pensions payable to or in respect of Judges of the Supreme
Court,
(ii) the pensions
payable to or in respect of Judges of the Federal Court,
(iii) the pensions
payable to or in respect of Judges of any High Court which exercises
jurisdiction in relation to any area included in the territory of India or
which at any time before the commencement of this Constitution exercises
jurisdiction in relation to any area included in a Governor�s Province of the
Dominion of India;
(e) the salary,
allowances and pension payable to or in respect of the Comptroller and Auditor-
General of India;
(f) any sums required
to satisfy any judgment, decree or award of any court or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged.
113. Procedure in Parliament with respect to estimates
(1) So much of the estimates as relates to
expenditure charged upon the Consolidated Fund of India shall not be submitted
to the vote of Parliament, but nothing in this clause shall be construed as
preventing the discussion in either House of Parliament of any of those
estimates.
(2) So much of the said estimates as relates
to other expenditure shall be submitted in the form of demands for grants to
the House of the People, and the House of the People shall have power to
assent, or to refuse to assent, to any demand, or to assent to any demand
subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the President.
114. Appropriation Bills
(1) As soon as may be after the grants under
article 113 have been made by the House of the People, there shall be
introduced a Bill 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 inadmissible 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 expect under appropriation made by law passed in accordance with the provisions of this article.
115. Supplementary, additional or excess grants
(1) The President shall-
(a) If the amount authorized
by any law made in accordance with the provisions of article 114 to be expended
for a particular service for the current financial year is found to be
insufficient for the purposes of that year or when a need has arisen during the
current financial year for supplementary or additional expenditure upon some
new service not contemplated in the annual financial statement for that year,
or
(b) if any money has
been spent on any service during a financial year in excess of the amount
granted for that service and for that year, cause to be laid before both the
Houses of Parliament another statement showing the estimated amount of that
expenditure or cause to be presented to the House of the People a demand for
such excess, as the case may be.
(2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorizing the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorization of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant.
116. Votes on account, votes of credit and exceptional grants
(1) Notwithstanding anything in the foregoing
provisions of this Chapter, the House of the People shall have power-
(a) to make any grant
in advance in respect of the estimated expenditure for a part of any financial
year pending the completion of the procedure prescribed in article 113 for the
voting of such grant and the passing of the law in accordance with the
provisions of article 114 in relation to that expenditure;
(b) to make a grant
for meeting an unexpected demand upon there sources of India when on account of
the magnitude or the indefinite character of the service the demand cannot be
stand with the details ordinarily given in an annual financial statement;
(c) to make an
exceptional grant which forms no part of the current service of any financial
year; and Parliament shall have power to authorize by law the withdrawal of
moneys from the Consolidated Fund of India for the purposes for which the said
grants are made.
(2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorization of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure.
117. Special provisions as to financial Bills
(1) A Bill or amendment making provision for
any of the matters specified in sub-clauses (a) to (f) of clause (1) of article
110 shall not be introduced or moved except on the recommendation of the
President and a Bill making such provision shall not be introduced in the
Council of States:
Provided that no recommendation shall be
required under this clause for the moving of an amendment making provision for
the reduction or abolition of any tax.
(2) A Bill or amendment shall not be deemed to
make provision for any of the matters aforesaid by reason only that it provides
for the imposition of fines or other pecuniary penalties, or for the demand or
payment of fees for licenses or fees for services rendered, or by reason that
it provides for the imposition, abolition, remission, alteration or regulation
of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.
Procedure Generally
118. Rules of procedure
(1) Each House of Parliament may make rules for
regulations, subject to the provisions of this Constitution, its procedure and
the conduct of its business.
(2) Until rules are made under clause (1), the
rules of procedure and standing orders in force immediately before the
commencement of this Constitution with respect to the Legislature of the
Dominion of India shall have effect in relation to Parliament subject to such
modifications and adaptations as may be made therein by the Chairman of the
Council of States or the Speaker of the House of the People, as the case may
be.
(3) The President, after consultation with the
Chairman of the Council of States and the Speaker of the House of the People,
may make rules as to the procedure with respect to joint sittings of, and
communications between, the two Houses.
(4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside.
119. Regulation by law of procedure in Parliament in relation to financial business
Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament under clause (1) of Article 118 or with any rule or standing order having effect in relation to Parliament under clause (2) of that article, such provision shall prevail.
120. Language to be used in Parliament
(1) Notwithstanding anything in Part XVII, but
subject to the Article 348, business in Parliament shall be transacted in Hindi
or in English: Provided that the Chairman of the Council of States or Speaker
of the House of the People, or Person acting as such, as the Case may be, may
permit any member who cannot adequately express himself in Hindi or in English
to address the House in his mother tongue.
(2) Unless Parliament by Law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words "or in English" were omitted there from.
121. Restriction on discussion in Parliament
No discussions shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties expect upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided.
122. Courts not to inquire into proceedings of Parliament
(1) The validity of any proceedings in
Parliament shall not be called in question on the ground of any alleged
irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
Chapter III - Legislative Powers Of The President
123. Power of President to promulgate Ordinances during recess of Parliament
(1) If at any time, except when both Houses of
Parliament are in session, the President is satisfied that circumstances exist
which render it necessary for him to take immediate action, he may promulgate
such Ordinance as the circumstances appear to him to require.
(2) An Ordinance promulgated under this
article shall have the same force and effect as an Act of Parliament, but every
such Ordinance-
(a) shall be laid
before both House of Parliament and shall cease to operate at the expiration of
six weeks from the reassemble of Parliament, or, if before the expiration of
that period resolutions disapproving it are passed by both Houses, upon the
passing of the second of those resolutions; and
(b) may be withdrawn
at any time by the President. Explanation.- Where the Houses of Parliament are
summoned to reassemble on different dates, the period of six weeks shall be
reckoned from the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.
Chapter IV - The Union Judiciary
124. Establishment and Constitution of Supreme Court
(1) There shall be a Supreme Court of India
constituting of a Chief Justice of India and, until Parliament by law
prescribes a larger number, of 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:
Provided that in the case of appointment of a
Judge other than the chief Justice, the chief Justice of India shall always be
consulted:
(a) a Judge may, by writing under his hand
addressed to the President, resign his office;
(b) a Judge may be removed rom his office in
the manner provided in clause (4).
2A. The age of a Judge of the Supreme Court
shall be determined by such authority and in such manner as Parliament may by
law provide.
(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.
Explanation I.- In this clause
"High Court� means a High Court which exercises, or which at any time
before the commencement of this Constitution exercised, jurisdiction in any
part of the territory of India.
Explanation II.- In computing for the
purpose of this clause the period during which a person has been an advocate,
any period during which a person has held judicial office not inferior to that
of a district judge after he became an advocate shall be included.
(4) 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-third of the
members of the House present and voting has been presented to the President in
the same session for such removal on the ground of proved misbehavior or
incapacity.
(5) Parliament may by law regulate the
procedure for the presentation of an address and for the investigation and
proof of the misbehavior or incapacity of a Judge under clause (4):
(6) 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.
(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.
125. Salaries, etc., of Judges
(1) There shall be paid to the Judges of the
Supreme Court such salaries as may be determined by Parliament by law and,
until provision in that behalf is so made, such salaries as are specified in
the Second Schedule.
(2) Every Judge shall be entitled to such
privileges and allowances and to such rights in respect of leave of absence and
pension as may from time to time be determined by or under law made by
Parliament and, until so determined, to such privileges, allowances and rights
as are specified in the Second Schedule:
Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.
126. Appointment of acting Chief Justice
When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason or absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.
127. Appointment of ad hoc Judges
127. Appointment of ad-hoc Judges.-
(1) If at any time there should not be a
quorum of the Judges of the Supreme Court available to hold or continue any
session of the Court, the Chief Justice of India may, with the previous consent
of the President and after consultation with the Chief Justice of the High
Court concerned, request in writing the attendance at the sittings of the
Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a
High Court duly qualified for appointment as a Judge of the Supreme Court to be
designated by the Chief Justice of India.
(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.
128. Attendance of retired Judges at sittings of the Supreme Court
Notwithstanding anything in this chapter, the
Chief Justice of India may at any time, with the previous consent of the
president, request any person who has held the office of a Judge of the Supreme
Court or of the Federal Court or who has held the office of a Judge of a High
Court and is duly qualified for appointment as a Judge of the Supreme Court to
sit and act as a Judge of the Supreme Court, and every such person so requested
shall, while so sitting and acting, be entitled to such allowances as the
President may by order determine and have all the jurisdiction, powers and
privileges of, but shall not otherwise be deemed to be, a Judge of that Court:
Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.
129. Supreme Court to be a court of record
The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
130. Seat of Supreme Court
The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.
131. Original jurisdiction of the Supreme Court
Subject to the provisions of this
Constitution, the Supreme Court shall, to the exclusion of any other court,
have original jurisdiction in any dispute-
(a) between the Government of India and one or
more States; or
(b) between the Government of India and any
State or States on one side and one or more other States on the other; or
(c) between two or more States, if and in so
far as the dispute involves any question (whether of law or fact) on which the
existence or extent of a legal right depends:
Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.
131A. [Repealed]
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
(1) An appeal shall lie to the Supreme Court
from any judgment, decree or final order of a High Court in the territory of
India, whether in a civil, criminal or other proceeding, if the High Court
certifies under Article 134A that the case involves a substantial question of
law as t the interpretation of this Constitution.
(2) Omitted.
(3) Where such a certificate is given, any
party in the case may appeal to the Supreme Court on the ground that any such
question as aforesaid has been wrongly decided.
Explanation.- For the purposes of this article, the expression "final order" includes an order declaring an issue which, if decided in favor of the appellant, would be sufficient for the final disposal of the case.
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
(1) An appeal shall lie to the Supreme Court
from any judgment, decree or final order in a civil proceeding of a High Court
in the territory of India if the High Court certifies under Article 134A-
(a) that the case
involves a substantial question of law of general importance; and
(b) that in the
opinion of the High Court the said question needs to be decided by the Supreme
Court.
(2) Notwithstanding anything in Article 132,
any party appealing to the Supreme Court under clause (1) may urge as one of
the grounds in such appeal that a substantial question of law as to the
interpretation of this Constitution has been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.
134. Appellate jurisdiction of Supreme Court in regard to criminal matters
(1) An appeal shall lie to the Supreme Court
from any judgment, final order or sentence in a criminal proceeding of a High
Court in the territory of India if the High Court-has on appeal reversed an order
of acquittal of an accused person and sentenced him to death; or has withdrawn
for trial before itself any case from any court subordinate to its authority
and has in such trial convicted the accused person and sentenced him to death;
or � certifies under Article 134A that the case is a fit one for appeal to the
Supreme Court:
Provided that an appeal under sub-clause � shall
lie subject to such provisions as may be made in that behalf under clause (1)
of Article 145 and to such conditions as the High Court may establish or
require.
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.
134A. Certificate for appeal to the Supreme Court
Every High Court, passing or making a
judgment, decree, final order, or sentence, referred to in clause (1) of
Article 132 or clause (1) of Article 133, or clause (1) of Article 134-
(a) may, if it deems fit so to do, on its own
motion; and
(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of Article 132, or clause (1) of Article 133 or, as the case may be, sub-clause � of clause (1) of Article 134, may be given in respect of that case.
135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court
Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of Article 133 or Article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.
136. Special leave to appeal by the Supreme Court
(1) Notwithstanding anything in this Chapter,
the Supreme Court may, in its discretion, grant special leave to appeal from
any judgment, decree, determination, sentence or order in any cause or matter
passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
137. Review of judgments or orders by the Supreme Court
Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.
138. Enlargement of the jurisdiction of the Supreme Court
(1) The Supreme Court shall have such further
jurisdiction and powers with respect to any of the matters in the Union List as
Parliament may by law confer.
(2) The Supreme Court shall have such further
jurisdiction, and powers with respect to any matter as the Government of India
and the Government of any State may by special agreement confer, if Parliament
by law provides for the exercise of such jurisdiction and powers by the Supreme
Court.
139. Conferment on the Supreme Court of powers to issue certain writs
Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of Article 32.
139A. Transfer of certain cases
(1) Where cases involving the same or substantially
the same questions of law are pending before the Supreme Court and one or more
High Courts or before two or more High Courts and the Supreme Court is
satisfied on its own motion or an application made by the Attorney General of
India or by a party to any such case that such questions are substantial
questions of general importance, the Supreme Court may withdraw the case or
cases pending before the High Court or the High Courts and dispose of all the
cases itself:
Provided that the Supreme Court may after
determining the said questions of law return any case so withdrawn together
with a copy of its judgment on such questions to the High Court from which the
case has been withdrawn, and the High Court shall on receipt thereof, proceed
to dispose of the case in conformity with such judgment.
(2) The Supreme Court may, if it deems it
expedient so to do for the ends of justice, transfer any case, appeal or other
proceedings pending before any High Court to any other High Court.
140. Ancillary powers of Supreme Court
Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.
141. Law declared by Supreme Court to be binding on all courts
The law declared by the Supreme Court shall be binding on all courts within the territory of India.
142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
142.Enforcement of decrees and orders of
Supreme Court and unless 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
orders so made shall be enforceable throughout the territory of India in such
manner as may be prescribed by or under any law made by Parliament and, 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.
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, which is 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.
(2) The President may, notwithstanding anything in the proviso to Article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.
144. Civil and judicial authorities to act in aid of the Supreme Court
All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.
144A. [Repealed]
145. Rules of court, etc.
(1) Subject to the provisions of any law made
by Parliament the Supreme Court may from time to time, with the approval of the
President, make rules for regulating generally the practice and procedure of
the Court including-
(a) rules as to the
persons practicing before the Court,
(b) rules as to the
procedure for hearing appeals, and other matters pertaining to appeals
including the time within which appeals to the Court are to be entered;
(c) rules as to the
proceedings in the Court for the enforcement of any of the rights conferred by
Part III;
(cc) rules as to the
proceedings in the Court under Article 139A;
(d) rules as to the
entertainment of appeals under sub-clause � of clause (1) of Article 134;
(e) any judgment
pronounced or order made by the Court may be received and rules as to the
conditions the procedure for such review including the time within which
applications to the Court for such review are to be entered;
(f) rules as to the
costs of and incidental to any proceedings in the Court and as to the fees to
be charged in respect of proceeding therein;
(g) rules as to the
granting of bail;
(h) rules as to stay
of proceedings;
(i) rules providing
for the summary determination of any appeal which appears to the Court to be
frivolous or vexatious or brought for the purpose of delay;
(j) rules as to the
procedure for inquiries referred to in clause (1) of Article 317.
(2) Subject to the provisions of clause (3),
rules made under this article may fix the minimum number of Judges who are to
sit for any purpose, and may provide for the powers of single Judges and
Division Courts.
(3) The minimum number of Judges who are to
sit for the purpose of deciding any case involving a substantial question of
law as to the interpretation of this Constitution or for the purpose of hearing
any reference under Article 143 shall be five:
Provided that, where the Court hearing an appeal
under any of the provisions of this chapter other than Article 132 consists of
less than five Judges and in the course of the hearing of the appeal the Court
is satisfied that the appeal involves a substantial question of law as to the
interpretation of this Constitution the determination of which is necessary for
the disposal of the appeal, such Court shall refer the question for opinion to
a Court constituted as required by this clause for the purpose of deciding any case
involving such a question and shall on receipt of the opinion dispose of the
appeal in conformity with such opinion.
(4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under Article 143 save in accordance with an opinion also delivered in open Court.
(5) No judgment and no such opinion shall be
delivered by the Supreme Court save with the concurrence of a majority of the
Judges present at the hearing of the case, but nothing in this clause shall be
deemed to prevent a Judge who does not concur from delivering a dissenting
judgment or opinion.
146. Officers and servants and the expenses of the Supreme Court
(1) Appointments of officers and servants of
the Supreme Court shall be made by the Chief Justice of India or such other
Judge or officer of the Court as he may direct:
Provided that the President may by rule require
that in such cases as may be specified in the rule, no person not already
attached to the Court shall be appointed to any office connected with the
Court, save after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made
by Parliament, the conditions of service of officers and servants of the
Supreme Court shall be such as may be prescribed by rules made by the Chief
Justice of India or by some other Judge or officer of the Court authorized by
the Chief Justice of India to make rules for the purpose:
Provided that the rules made under this clause
shall, so far as they relate to salaries, allowances, leave or pensions,
require the approval of the President.
(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the offices and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the court shall form part of that Fund.
147. Interpretation
In this Chapter and in Chapter V of Part VI references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.
Chapter V - Comptroller And Auditor-General Of India
148. Comptroller and Auditor-General of India
(1) There shall be a Comptroller and
Auditor-General of India who shall be appointed by the President by warrant
under his hand and seal and shall only be removed from office in like manner
and on the like grounds as a Judge of the Supreme Court.
(2) Every person appointed to be the
Comptroller and Auditor-General of India 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.
(3) The salary and other conditions of service
of the Comptroller and Auditor-General shall be such as may be determined by
Parliament by law and, until they are so determined, shall be as specified in
the Second Schedule:
Provided that neither the salary of a
Comptroller and Auditor-General nor his rights in respect of leave of absence,
pension or age of retirement shall be varied to his disadvantage after his
appointment.
(4) The Comptroller and Auditor-General shall
not be eligible for further office either under the Government of India or
under the Government of any State after he has ceased to hold his office.
(5) Subject to the provisions of this Constitution
and of any law made by Parliament, the conditions of service of persons serving
in the Indian Audit and Accounts Department and the administrative powers of
the Comptroller and Auditor-General shall be such as may be prescribed by rules
made by the President after consultation with the Comptroller and
Auditor-General.
(6) The Administrative expenses of the office
of the Comptroller and Auditor-General, including all salaries, allowances and
pensions payable to or in respect of pensions serving in that office, shall be
charged upon the Consolidated Fund of India.
149. Duties and powers of the Comptroller and Auditor-General
149.Duties and powers of the Comptroller and
Auditor- General.-
The Comptroller and Auditor-General shall
perform such duties and exercise such powers in relation to the accounts of the
Union and of the States and of any other authority or body as may be prescribed
by or under any law made by Parliament and, until provision in that behalf is
so made, shall perform such duties and exercise such powers in relation to the
accounts of the Union and of the States as were conferred on or exercisable by
the Auditor-General of India immediately before the commencement of this
Constitution in relation to the accounts of the Dominion of India and of the
Provinces respectively.
150. Form of accounts of the Union and of the States
The accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the Comptroller and Auditor-General of India, prescribe.
151. Audit reports
(1) The reports of the Comptroller and
Auditor-General of India relating to the accounts of the Union shall be
submitted to the President, who shall cause them to be laid before each House
of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.
Chapter I - General
152. Definition
In this Part, unless the context otherwise, requires, the expression "State" does not include the State of Jammu and Kashmir.
Chapter II - The Governor
153. Governors of States
There shall be Governor for each State:
Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.
154. Executive power of State
(1) The executive power of the State shall be
vested in the Governor and shall be exercised by him either directly or through
officers subordinate to him in accordance with this Constitution.
(2) Nothing in this article shall-
(a) be deemed to
transfer to the Governor any functions conferred by any existing law on any
other authority; or
(b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.
155. Appointment of Governor
The Governor of a State shall be appointed by the President by warrant under his hand and seal.
156. Term of office of Governor
(1) The Governor shall hold office during the
pleasure of the President.
(2) The Governor may, by writing under his
hand addressed to the President, resign his office.
(3) Subject to the foregoing provisions of this
article, a Governor shall hold for a term of five years from the date on which
he enters upon his office.
(4) Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
157. Qualifications for appointment as Governor
No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.
158. Conditions of Governor�s office
158.Conditions of Governor� office.-
(1) The Governor shall not be a member of
either House of Parliament or of a House of the Legislature of any State
specified in the First Schedule, and if a member of either House of Parliament
or of a House of the Legislature of any such State be appointed Governor, he shall
be deemed to have vacated his seat in that House on the date on which he enters
upon his office as Governor.
(2) The Governor shall not hold any other
office of profit.
(3) The Governor shall be entitled without
payment of rent to the use of his official residences and shall be also
entitled to such emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made, such
emoluments, allowances and privileges as are specified in Second Schedule.
(3A) Where the same person is appointed as
Governor of two or more States, the emoluments and allowances payable to the
Governor shall be allocated among the States in such proportion as the
President may by order determine.
(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.
159. Oath or affirmation by Governor
Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that court available, an oath or affirmation in the following form, that is to say-swear in the name of God "I, A.B., do ------------------------ that I solemnly affirm will faithfully execute the office of Governor (or discharge the functions of the Governor) of ......... (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of ....... (name of the State)."
160. Discharge of the functions of the Governor in certain contingencies
The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
161.Power of Governor to grant pardons, etc.,
and to suspend, remit or commute sentences in certain cases.- The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
162. Extent of executive power of State
Subject to the provisions of this
Constitution, the executive power of a State shall extend to the matters with
respect to which the Legislature of the State has power to make laws.
Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by the Constitution or by any law made by Parliament upon the Union or authorities thereof.
Council of Ministers
163. Council of Ministers to aid and advise Governor
(1) There shall be a council of Ministers with
the chief Minister at the head to aid and advise the Governor in the exercise
of his functions, except in so far as he is by or under this constitution
required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter
is or is not a matter as respects which the Governor is by or under this
Constitution required to act in his discretion, the decision of the Governor in
his discretion shall be final, and the validity of anything done by the
Governor shall not be called in question on the ground that he ought or ought
not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.
164. Other provisions as to Ministers
(1) The chief Minister shall be appointed by
the Governor and the other Ministers shall be appointed by the Governor on the
advice of the Chief Minister, and the Ministers shall hold office during the
pleasure of the Governor:
Provided that in the State of Bihar, Madhya
Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who
may in addition be in charge of the welfare of the Scheduled Castes and
backward classes or any other work.
(2) The Council of Ministers shall be
collectively responsible to the Legislative Assembly of the State.
(3) Before a Minister enters upon his office,
the Governor shall administer so him the oaths of office and of secrecy
according to the forms set out for the purpose in the Third Schedule.
(4) A Minister who for any period of six
consecutive months is not a member of the Legislature of the State shall at the
expiration of that period cease to be a Minister.
(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.
The Advocate-General for the State
165. Advocate-General for the State
(1) The Governor of each State shall appoint a
person who is qualified to be appointed a Judge of a High Court to be
Advocate-General for the State.
(2) It shall be the duty of the
Advocate-General to give advice to the Government of the State upon such legal
matters, and to perform such other duties of a legal character, as may from
time to time be referred or assigned to him by the Governor, and to discharge
the functions conferred on him by or under this Constitution or any other law
for the time being in force.
(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.
Conduct of Government Business
166. Conduct of business of the Government of a State
(1) All executive action of the Government of
a State shall be expressed to be taken in the name of the Governor.
(2) Orders and other instruments made and
executed in the name of the Governor shall be authenticated in such manner as
may be specified in rules to be made by the Governor, and the validity of an
order on instruction which is so authenticated shall not be called in question
on the ground that it is not an order or instrument made or executed by the
Governor.
(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.
It shall be the duty of the Chief Minister of
each State-
(a) to communicate to the Governor of the State
all decisions of the council of Ministers relating to the administration of the
affairs of the State and proposals for legislation;
(b) to furnish such information relating to
the administration of the affairs of the State and proposals for legislation as
the Governor may call for; and
(c) the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
Chapter III - General
168. Constitution of Legislatures in States
(1) For every State there shall be a
Legislature which shall consist of the Governor, and
(a) in the States of
Bihar, Madhya Pradesh, Maharashtra, Karnataka and Uttar Pradesh, two houses:
(b) in other States,
one House.
(2) Where there are two Houses of the
Legislature of a State, one shall be known as the Legislative Council and the
other as the Legislative Assembly, and where there is only one House, it shall
be known as the Legislative Assembly.
169. Abolition or creation of Legislative Councils in States
(1) Notwithstanding anything in Article 168,
Parliament may by law provide for the abolition of the Legislative Council of a
State having such a Council or for the creation of such a Council in a State
having no such Council, if the Legislative Assembly of the State passes a
resolution to that effect by a majority of the total membership of the Assembly
and by a majority of not less than two-thirds of the members of the Assembly
present and voting.
(2) Any law referred to in clause (1) shall
contain such provisions for the amendment of this Constitution as may be
necessary to give effect to the provisions of the law and may also contain such
supplemental, incidental and consequential provisions as Parliament may deem
necessary.
(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.
170. Composition of the Legislative Assemblies
(1) Subject to the provisions of Article 333,
the Legislative Assembly of each State shall consist of not more than five
hundred, and not less than sixty, members chosen by direct election from
territorial constituencies in the State.
(2) For the purposes of clause (1), each State
shall be divided into territorial constituencies in such manner that the ratio
between the population of each constituency and the number of seats allotted to
it shall, so far as practicable, be the same throughout the State.
Explanation.- In this clause, the
expression "population" means the population as ascertained at the
last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation
to the last preceding census of which the relevant figures have been published
shall, until the relevant figures for the first census taken after the year
2000 have been published, be construed as a reference to the 1971 census.
(3) Upon the completion of each census, the
total number of seats in the Legislative Assembly of each State and the
division of each State into territorial constituencies shall be readjusted by
such authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly: Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 2000 have been published, it shall not be necessary to readjust the total number of seats in the Legislative Assembly of each State and the division of such State into territorial constituencies under this clause.
171. Composition of the Legislative Councils
(1) The total number of members in the
Legislative Council of a State having such a Council shall not exceed one-third
of the total number of members in the Legislative Assembly of that State:
Provided that the total number of members in the
Legislative Council of a State shall in no case be less than forty.
(2) Until Parliament by law otherwise
provides, the composition of the Legislative Council of a State shall be as
provided in clause (3).
(3) Of the total number of members of the
Legislative council of a State-
(a) as nearly as may
be, one-third shall be elected by electorates consisting of members of
municipalities, district boards and such other local authorities in the State
as Parliament may by law specify;
(b) as nearly as may
be, one-twelfth shall be elected by electorates consisting of persons residing
in the State who have been for at least three years graduates of any university
in the territory of India or have been for at least three years in possession
of qualifications prescribed by or under any law made by Parliament as
equivalent to that of a graduate of any such university;
(c) as nearly as may
be, one-twelfth shall be elected by electorates consisting of persons who have been
for at least three years engaged in teaching in such educational institutions
within the State, not lower in standard than that of a secondary school, as may
be prescribed by or under any law made by Parliament;
(d) as nearly as may
be, one-third shall be elected by the members of the Legislative Assembly of
the State from amongst persons who are not members of the Assembly;
(e) the remainder
shall be nominated by the Governor in accordance with the provisions of clause
(5).
(4) The members to be elected under
sub-clauses (a), (b) and c) of clause (3) shall be chosen in such territorial
constituencies as may be prescribed by or under any law made by Parliament, and
the election under the said sub-clauses and under sub-clause (d) of the said clause
shall be held in accordance with the system of proportional representation by
means of the single transferable vote.
(5) The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:- Literature, science, art, co-operative movement and social service.
172. Duration of State Legislatures
(1) Every Legislative Assembly of every State,
unless sooner dissolved, shall continue for five years from the date appointed
for its first meeting and no longer and the expiration of the said period of
five years shall operate as a
dissolution of the Assembly:
Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
173. Qualification for membership of the State Legislature
A person shall not be qualified to be chosen
to fill a seat in the Legislature of a State unless he -
(a) is a citizen of India, and makes and
subscribes before some person authorized in that behalf by the Election
Commission an oath or affirmation according to the form set out for the purpose
in the Third Schedule;
(b) is, in the case of a seat in the
Legislative Assembly, not less than twenty-five years of age and in the case of
a seat in the Legislative Council, not less than thirty years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
174. Sessions of the State Legislature, prorogation and dissolution
(1) The Governor shall from time to time
summon the House or each House of the Legislature of the State to meet at such
time and place as he thinks fit, but six months shall not intervene between its
last sitting in one session and the date appointed for its first sitting in the
next session.
(2) The Governor may from time to time-
(a) Prorogue the House
or either House;
(b) dissolve the Legislative Assembly.
175. Right of Governor to address and send messages to the House or Houses
(1) The Governor may address the Legislative
Assembly or, in the case of a State having a Legislative Council, either House
of the Legislature of the State, or both Houses assembled together, and may for
that purpose require the attendance of members.
(2) The Governor may sent messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.
176. Special address by the Governor
(1) At the commencement of the first session
after each general election to the Legislative Assembly and at the commencement
of the first session of each year, the Governor shall address the Legislative
Assembly or, in the case of a State having a Legislative Council, both House
assembled together and inform the Legislature of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.
177. Rights of Ministers and Advocate-General as respects the Houses
Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.
Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative Assembly
Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speakers thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.
179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
A member holding office as Speaker or Deputy
Speaker of an Assembly-
(a) shall vacate his office if he ceases to be
a member of the Assembly;
(b) may at any time by writing under his hand
addressed, if such member is the Speaker, to the Deputy Speaker, and if such
member is the Deputy Speaker, to the Speaker, resign his office; and
Provided that no resolution for the purpose of
clause � shall be moved unless at least fourteen days� notice has been given of
the intention to move the resolution:
Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
(1) While the office of Speaker is vacant, the
duties of the office shall be performed by the Deputy Speaker or, if the office
of Deputy Speaker is also vacant, by such member of the Assembly as the
Governor may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the Legislative
Assembly, while any resolution for the removal of the Speaker from his office
is under consideration, the Speaker, or while any resolution for the removal of
the Deputy Speaker from his office is under consideration, the Deputy Speaker,
shall not, though he is present, preside, and the provisions of clause (2) of
Article180 shall apply in relation to every such sitting as they apply in
relation to a sitting from which the Speaker or, as the case may be, the Deputy
Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in Article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an quality of votes.
182. The Chairman and Deputy Chairman of the Legislative Council
The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.
183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman
A member holding office as Chairman or Deputy
Chairman of a Legislative Council-
(a) shall vacate his office if he ceases to be
a member of the Council;
(b) may at any time by writing under his hand
addressed, if such member is the Chairman, to the Deputy Chairman, and if such
member is the Deputy chairman, to the Chairman, resign his office; and
(c) may be removed from his office by a
resolution of the council passed by a majority of all the then members of the
Council:
Provided that no resolution for the purpose of clause � shall be moved unless at least fourteen days� notice has been given of the intention to move the resolution.
184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
(1) While the office of Chairman is vacant,
the duties of the office shall be performed by the Deputy Chairman or, if the
office of Deputy Chairman is also vacant, by such member of the council as the
Governor may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the Legislative Council,
while any resolution for the removal of the chairman from his office is under
consideration, the Chairman, or while any resolution for the removal of the
Deputy Chairman from his office is under consideration, the Deputy chairman,
shall not, though he is present, preside, and the provisions of clause (2) of
Article 184 shall apply in relation to every such sitting as they apply in
relation to a sitting from which the Chairman or, as the case may be, the
Deputy Chairman is absent.
(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in Article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.
186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman
There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.
187. Secretariat of State Legislature
(1) The House or each House of the Legislature
of a State shall have a separate secretarial staff:
Provided that nothing in this clause shall, in
the case of the Legislature of a State having a Legislative Council, be
construed as preventing the creation of posts common to both Houses of such
Legislature.
(2) The Legislature of a State may by law
regulate the recruitment, and the conditions of service of persons appointed,
to the secretarial staff of the House or Houses of the Legislature of the
State.
(3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause.
Conduct of Business
188. Oath or affirmation by members
Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, 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.
189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
(1) Save as otherwise provided in this
Constitution, all questions at any sitting of a House of the legislature of a
State shall be determined by a majority of votes of the members present and
voting, other than the Speaker or Chairman, or person acting as such. The
Speaker or Chairman, or person acting as such, shall not vote in the first
instance, but shall have and exercise a casting vote in the case of an equality
of votes.
(2) A House of the Legislature of a State
shall have power to act notwithstanding any vacancy in the membership thereof,
and any proceedings in the legislature of a State shall be valid
notwithstanding that it is discovered subsequently that some person who was not
entitled so to do sat or voted or otherwise took part in the proceedings.
(3) Until the Legislature of the State by law
otherwise provides, the quorum to constitute a meeting of a House of the
Legislature of a State shall be ten members or one-tenth of the total number of
members of the House, whichever is greater.
(4) If at any time during a meeting of the Legislative Assembly or the Legislative council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.
Disqualifications of Members
190. Vacation of seats
(1) No person shall be a member of both Houses
of the legislature of a State and provision shall be made by the Legislature of
the State by law for the vacation by a person who is chosen a member of both Houses
of his seat in one House or the other.
(2) No person shall be a member of the
legislatures of two or more States specified in the First Schedule and if a
person is chosen a member of the Legislatures of two or more such States, then,
at the expiration of such period as may be specified in rules made by the
President, that person�s seat in the Legislatures of all such States shall
become vacant, unless he has previously resigned his seat in the Legislatures
of all but one of the States.
(3) If a member of a House of the Legislature
of a State-
(a) becomes subject to
any of the disqualifications mentioned in clause (1) or clause (2) of Article
191; or
(b) resigns his seat
by writing under his hand addressed to the Speaker or the Chairman, as the case
may be, and his resignation is accepted by the Speaker or the Chairman, as the
case may be, his seat shall thereupon becomes vacant:
Provided that in the case of any resignation
referred to in sub-clause (b), if from information received or otherwise and
after making such inquiry as he thinks fit, the Speaker or the Chairman, as the
case may be, is satisfied that such resignation is not voluntary or genuine, he
shall not accept such resignation.
(4) If for a period of sixty days a member of a
House of the Legislature of a State is without permission of the House absent
from all meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.
191. Disqualifications for membership
(1) A person shall be disqualified for being
chosen as, and for being, a member of the Legislative Assembly or Legislative
Council of a State-
(a) if he holds any
office of profit under the Government of India or the Government of any State
specified in the First Schedule, other than an office declared by the
Legislature of the State by law not to disqualify its holder;
(b) if he is of
unsound mind and stands so declared by a competent court;
(c) if he is an
undischarged insolvent;
(d) if he is not a
citizen of India, or has voluntarily acquired the citizenship of a foreign
State, or is under any acknowledgement of allegiance or adherence to a foreign
State;
(e) if he is so
disqualified by or under any law made by Parliament.
Explanation.- For the purposes of this
clause, a person shall not be deemed to hold an office of profit under the
Government of India or the Government of any State specified in the First
Schedule by reason only that he is a Minister either for the Union or for such
State.
(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.
192. Decision on questions as to disqualifications of members
(1) If any question arises as to whether a
member of a House of the Legislature of a State has become subject to any of
the disqualifications mentioned in clause (1) of Article 191, the question
shall be referred for the decision of the Governor and his decision shall be
final.
(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.
193. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified
If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of Article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.
Powers, Privileges and Immunities of State Legislatures and their Members
194. Powers, privileges, etc., of the House of Legislatures and of the members and committees thereof
(1) Subject to the provisions of this
Constitution and to the rules and standing orders regulating the procedure of
the Legislature, there shall be freedom of speech in the Legislature of every
State.
(2) No member of the Legislature of a State
shall be liable to any proceedings in any court in respect of anything said or
any vote given by him in the Legislature or any committee thereof, and no
person shall be so liable in respect of the publication by or under the
authority of a House of such a Legislature of any report, paper, votes or
proceedings.
(3) In other respects, the powers, privileges
and immunities of a House of the Legislature of a State, and of the members and
the committees of a House of such Legislature, shall be such as may from time
to time be defined by the Legislature by law, and, until so defined, shall be
those of that House and of its members and committees immediately before the
coming into force of Section 26 of the Constitution forty-fourth Amendment)
Act, 1978.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature.
195. Salaries and allowances of members
Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of the Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province.
Legislative Procedure
196. Provisions as to introduction and passing of Bills
(1) Subject to the provisions of Article 198
and 207 with respect o Money Bills and other financial Bills, a Bill may
originate in either House of the Legislature of a State which has a Legislative
Council.
(2) Subject to the provisions of Article 197
and 198, a Bill shall not be deemed to have been passed by the Houses of the
Legislature of a State having a legislative Council unless it has been agreed
to by both Houses, either without amendment or with such amendments only as are
agreed to by both Houses.
(3) A Bill pending in the Legislature of a
State shall not lapse by reason of the prorogation of the House or Houses
thereof.
(4) A Bill pending in the Legislative Council
of a State which has not been passed by the Legislative Assembly shall not
lapse on a dissolution of the Assembly.
(5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.
197. Restriction on powers of Legislative Council as to Bills other than Money Bills
(1) If after a Bill has been passed by the
Legislative Assembly of a State having a Legislative Council and transmitted to
the Legislative Council-
(a) the Bill is
rejected by the Council; or
(b) more than three
months elapse from the date on which the Bill is laid before the Council
without the Bill being passed by it; or
(c) the Bill is passed
by the Council with amendments to which the Legislative Assembly does not
agree; the Legislative Assembly may, subject to the rules regulating its procedure,
pass the Bill again in the same or in any subsequent session with or without
such amendments, if any, as have been made, suggested or agreed to by the
Legislative Council and then transmit the Bill as so passed to the Legislative
Council.
(2) If after a Bill has been so passed for the
second time by the Legislative Assembly and transmitted to the Legislative
Council-
(a) the Bill is
rejected by the Council; or
(b) more than one
month elapses from the date on which the Bill is laid before the Council
without the Bill being passed by it; or
(c) the Bill is passed
by the Council with amendments to which the Legislative Assembly does not
agree; the Bill shall be deemed to have been passed by the Houses of the
Legislature of the State in the form in which it was passed by the Legislative
Assembly for the second time with such amendments, if any, as have been made or
suggested by the Legislative Council and agreed to by the Legislative Assembly.
(3) Nothing in this article shall apply to a Money Bill.
198. Special procedure in respect of Money Bills
(1) A Money Bill shall not be introduced in a
Legislative Council.
(2) After a Money Bill has been passed by the
Legislative Assembly of a State having a Legislative Council, it shall be
transmitted to the Legislative Council for its recommendations, and the
Legislative Council shall within a period of fourteen days from the date of its
receipt of the Bill return the Bill to the Legislative Assembly with its
recommendations, and the Legislative Assembly may thereupon either accept or
reject all or any of the recommendations of the Legislative Council.
(3) If the Legislative Assembly accepts any of
the recommendations of the Legislative Council, the Money Bill shall be deemed
to have been passed by both Houses with the amendments recommended by the
Legislative Council and accepted by the Legislative Assembly.
(4) If the Legislative Assembly does not
accept any of the recommendations of the Legislative Council, the Money Bill
shall be deemed to have been passed by both Houses in the form in which it was
passed by the Legislative Assembly without any of the amendments recommended by
the Legislative Council.
(5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.
199. Definition of Money Bills
199.Definition of "Money Bills".-
(1) For the purposes of this Chapter, a Bill
shall be deemed to be a Money Bill if it contains only provisions dealing with
all or any of the following matters, namely:-
(a) the imposition,
abolition, remission, alteration or regulation of any tax;
(b) the regulation of
the borrowing of money or the giving of any guarantee by the State, or the
amendment of the law with respect to any financial obligations undertaken or to
be undertaken by the State;
(c) the custody of the
Consolidated Fund or the Contingency Fund of the State, the payment of moneys
into or the withdrawal of moneys from any such Fund;
(d) the appropriation
of moneys out of the Consolidated Fund of the State;
(e) the declaring of
any expenditure to be expenditure charged on the Consolidated Fund of the
State, or the increasing of the amount of any such expenditure;
(f) the receipt of
money on account of the Consolidated Fund of the State or the public account of
the State or the custody or issue of such money; or
(g) any matter
incidental to any of the matters specified in sub-clauses (a) to (f).
(2) A Bill shall not be deemed to be a Money
Bill by reason only that it provides for the imposition of fines or other
pecuniary penalties, or for the demand or payment of fees for licenses or fees
for services rendered, or by reason that it provides for the imposition,
abolition, remission, alteration or regulation of any tax by any local authority
or body for local purposes.
(3) If any question arises whether a Bill
introduced in the Legislature of a State which has a Legislative Council is a
Money Bill or not, the decision of the Speaker of the Legislative Assembly of
such State thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under Article 198, and when it is presented to the Governor for assent under Article 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.
200. Assent to Bills
When a Bill has been passed by the Legislative
Assembly of a State or, in the case of a State having a Legislative Council,
has been passed by both Houses of the Legislature of the State, it shall be
presented to the Governor and the Governor shall declare either that he assents
to the Bill or that he withholds assent there from or that he reserves the Bill
for the consideration of the President:
Provided that the Governor may, as soon as
possible after the presentation to him of the Bill for assent, return the Bill
if it is not a Money Bill together with a message requesting that the House or
Houses will reconsider the Bill or any specified provisions thereof and, in
particular, will consider the desirability of introducing any such amendments
as he may recommend in his message and, when a Bill is so returned, the House
or Houses shall reconsider the Bill accordingly, and if the Bill is passed
again by the House or Houses with or without amendment and presented to the
Governor for assent, the Governor shall not withhold assent there from:
Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.
Governor�s assent to Bills
201. Bills reserved for consideration
201.Bill reserved for consideration.-
When a Bill is reserved by a Governor for the
consideration of the President, the President shall declare either that he
assents to the Bill or that he withholds assent there from:
Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as it mentioned in the first proviso to Article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.
Procedure in Financial Matters
202. Annual financial statement
(1) The Governor shall in respect of every
financial year cause to be laid before the House or Houses of the Legislature
of the State a statement of the estimated receipts and expenditure of the State
for that year, in this Part referred to as the "annual financial
statement".
(2) The estimates of expenditure embodied in
the annual financial statement shall show separately-
(a) the sums required
to meet expenditure described by this Constitution as expenditure charged upon
the Consolidated Fund of the State; and
(b) the sums required
to meet other expenditure proposed to be made from the Consolidated Fund of the
State; and shall distinguish expenditure on revenue account from other
expenditure.
(3) The following expenditure shall be
expenditure charged on the Consolidated Fund of each State-
(a) the emoluments and
allowances of the Governor and other expenditure relating to his office;
(b) the salaries and
allowances of the Speaker and the Deputy Speaker of the Legislative Assembly
and, in the case of State having a Legislative Council, also of the Chairman
and the Deputy Chairman of the Legislative Council;
(c) debt charges for
which the State is liable including interest, sinking fund charges and redemption
charges, and other expenditure relating to the raising of loans and the service
and redemption of debt;
(d) expenditure in
respect of the salaries and allowances of Judges of any High Court;
(e) any sums required to
satisfy and judgment, decree or award of any court or arbitral tribunal;
(f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged.
203. Procedure in Legislature with respect to estimates
(1) So much of the estimates as relates to
expenditure charged upon the Consolidated Fund of a State shall not be
submitted to the vote of the Legislative Assembly, but nothing in this clause
shall be construed as preventing the discussion in the Legislature of any of
those estimates.
(2) So much of the said estimates as relates
to other expenditure shall be submitted in the form of demands for grants to
the Legislative Assembly, and the Legislative Assembly shall have power to
assent, or to refuse to assent, to any demand, or to assent to any demand
subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Governor.
204. Appropriation Bills
(1) As soon as may be after the grants under
article 203 have been made by the Assembly, there shall be introduced a Bill to
provide for the appropriation out of the Consolidated Fund of the State of all
moneys required to meet-
(a) the grants so made
by the assembly; and
(b) the expenditure
charged on the Consolidated Fund of the State but not exceeding in any case the
amount shown in the statement previously laid before the House or Houses.
(2) No amendment shall be proposed to any such
Bill in the House or either House of the Legislature of the State 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 the State, and the decision of the person presiding as to whether an
amendment is inadmissible under this clause shall be final.
(3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article.
205. Supplementary, additional or excess grants
(1) The Governor shall-
(a) if the amount
authorized by any law made in accordance with the provisions of article 204 to be
expended for a particular service for the current financial year is found to be
insufficient for the purposes of that year or when a need has arisen during the
current financial year for supplementary or additional expenditure upon some
new service not contemplated in the annual financial statement for that year,
or
(b) if any money has
been spent on any service during a financial year in excess of the amount
granted for that service and for that year, cause to be laid before the House
or the Houses of the Legislature of the State another statement showing the
estimated amount of that expenditure or cause to be presented to the
Legislative Assembly of the State a demand for such excess, as the case may be.
(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorizing the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorization of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant.
206. Votes on account, votes of credit and exceptional grants
(1) Notwithstanding anything in the foregoing
provisions of this Chapter, the Legislative Assembly of a State shall have
power-
(a) to make any grant
in advance in respect of the estimated expenditure for a part of any financial
year pending the completion of the procedure prescribed in article 203 for the
voting of such grant and the passing of the law in accordance with the
provisions of article 204 in relation to that expenditure;
(b) to make a grant
for meeting an unexpected demand upon the resources of the State when on
account of the magnitude or the indefinite character of the service the demand
cannot be stated with the details ordinarily given in an annual financial
statement;
(c) to make an
exceptional grant which forms no part of the current service of any financial
year, and the Legislature of the State shall have power to authorize by law the
withdrawal of moneys from the Consolidated Fund of the State for the purposes
for which the said grants are made.
(2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorization of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure.
207. Special provisions as to financial Bills
(1) A Bill or amendment making provision for
any of the matters specified in sub-clause (a) to (f) of clause (1) of article
199 shall not be introduced or moved except on the recommendation of the
Governor, and a Bill making such provision shall not be introduced in a
Legislative Council:
Provided that no recommendation shall be
required under this clause for the moving of an amendment making provision for
the reduction or abolition of any tax.
(2) A Bill or amendment shall not be deemed to
make provision for any of the matters aforesaid by reason only that it provides
for the imposition of fines or other pecuniary penalties, or for the demand or
payment of fees for licenses or fees for services rendered, or by reason that
it provides for the imposition, abolition, remission, alteration or regulation
of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill.
Procedure Generally
208. Rules of procedure
(1) A House of the Legislature of a State may
make rules for regulating subject to the provisions of this Constitution, its
procedure and the conduct of its business.
(2) Until rules are made under clause (1), the
rules of procedure and standing orders in force immediately before the
commencement of this Constitution with respect to the Legislature for the
corresponding Province shall have effect in relation to the Legislature of the
State subject to such modifications and adaptations as may be made therein by
the Speaker of the Legislative Assembly, or the Chairman of the Legislative
Council, as the case may be.
(3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the legislative Council, may make rules as to the procedure with respect to communications between the two Houses.
209. Regulation by law of procedure in the Legislature of the State in relation to financial business
The Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail.
210. Language to be used in the Legislature
(1) Notwithstanding anything in Part XVII, but
subject to the provisions of article 348, business in the Legislature of a
State shall be transacted in the official language or languages of the State or
in Hindi or in English:
Provided that the Speaker of the Legislative
Assembly or Chairman of the Legislative Council, or person acting as such, as
the case may be, may permit any member who cannot adequately express himself in
any of the languages aforesaid to address the House in his mother-tongue.
(2) Unless the Legislature of the State by law
otherwise provides, this article shall, after the expiration of a period of
fifteen years from the commencement of this Constitution, have effect as if the
words "or in English" were omitted here from:
Provided that in relation to the Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura this clause shall have effect as if for the words "fifteen years" occurring therein, the words "twenty-five years" were substituted: Provided further that in relation to the Legislature of the States of Arunachal Pradesh, Goa and Mizoram, this clause shall have effect as if for the words "fifteen years" occurring therein, the words "forty years" were substituted.
211. Restriction on discussion in the Legislature
No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.
212. Courts not to inquire into proceedings of the Legislature
(1) The validity of any proceedings in the
Legislature of a State shall not be called in question on the ground of any
alleged irregularity of procedure.
(2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
Chapter IV - Legislative Power Of The Governor
213. Power of Governor to promulgate Ordinances during recess of Legislature
(1) If at any time, except when the
Legislative Assembly of a State is in session, or where there is a Legislative
Council in a State, except when both Houses of the Legislature are in session,
the Governor is satisfied that circumstances exist which render it necessary
for him to take immediate action, he may promulgate such Ordinance as the
circumstances appear to him to require:
Provided that the Governor shall not, without
instructions from the President, promulgate any such Ordinance if-
(a) a Bill containing the same provisions
would under this Constitution have required the previous sanction of the
President for the introduction thereof into the Legislature;
or
(b) he would have deemed it necessary to reserve
a Bill containing the same provisions for the consideration of the President;
or
(c) an Act of the Legislature of the State
containing the same provisions would under this Constitution have been invalid
unless, having been reserved for the consideration of the President, it had
received the assent of the President.
(2) An Ordinance promulgated under this
article shall have the same force and effect as an Act of Legislature of the
State assented to by the Governor, but every such Ordinance-
(a) shall be laid
before the legislative Assembly of the State, or where there is a Legislative
Council in the State, before both the House, and shall cease to operate at the
expiration of six weeks from the reassembly of the Legislature, or if before
the expiration of that period a resolution disapproving it is passed by the
Legislative Assembly and agreed to by the Legislative Council, if any, upon the
passing of the resolution or, as the case may be, on the resolution being
agreed to by the Council ; and
(b) may be withdrawn
at any time by the Governor Explanation.- Where the Houses of the Legislature
of a State having a Legislative Council are summoned to reassemble on different
dates, the period of six weeks shall be reckoned from the later of those dates
for the purposes of this clause.
(3) If and so far as an Ordinance under this
article makes any provision which would not be valid if enacted in an Act of
the legislature of the State assented to by the Governor, it shall be void:
Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the president and assented to by him.
Chapter V - The High Courts In The States
214. High Courts for States
There shall be a High Court for each State.
215. High Courts to be courts of record
Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
216. Constitution of High Courts
Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
217. Appointment and conditions of the office of a Judge of a High Court
(1) Every Judge of a High Court shall be
appointed by the President by warrant under his hand and seal after
consultation with the Chief Justice of India, the Governor of the State, and,
in the case of appointment of a Judge other than the chief Justice, the chief
Justice of the High court, and shall hold office, in the case of an additional
or acting Judge, as provided in Article 224, and in any other case, until he
attains the age of sixty-two years.
Provided that-
(a) a Judge may, by writing under his hand
addressed to the President, resign his office;
(b) a Judge may be removed from his office by the
President in the manner provided in clause (4) of Article 124 for the removal
of a Judge of the Supreme Court;
(c) the office of a Judge shall be vacated by
his being appointed by the President to be a Judge of the Supreme Court or by
his being transferred by the President to any other High Court within the
territory of India.
(2) A person shall not be qualified for
appointment as a Judge of a High Court unless he is a citizen of India and-
(a) has for at least
ten years held a judicial office in the territory of India; or
(b) has for at least
ten years been an advocate of a High Court or of two or more such Courts in
succession;
Explanation.- For the purposes of
this clause-
(a) in computing the period during which a
person has held judicial office in the territory of India, there shall be
included any period, after he has held any judicial office, during which the
person has been an Advocate of a High Court or has held the office of a member
of a tribunal or any post, under the Union or a State, requiring special
knowledge of law;
(aa) in computing the period during which a
person has been an advocate of a High Court, there shall be included any period
during which the person has held judicial office or the office of a member of a
tribunal or any post, under the Union or a State, requiring special knowledge
of law after he became an advocate;
(b) in computing the period during which a
person has held judicial office in the territory of India or been an advocate
of High Court, there shall be included any period before the commencement of
this Constitution during which he has held judicial office in any area which
was comprised before the fifteenth day of August, 1947, within India as defined
by the Government of India Act, 1935, or has been an advocate of any High Court
in any such area, as the case may be.
(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.
218. Application of certain provisions relating to Supreme Court to High Courts
The provisions of clauses (4) and (5) of Article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.
219. Oath or affirmation by Judges of High Courts
Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, 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.
220. Restriction on practice after being a permanent Judge
No person who, after the commencement of this
Constitution , has held office as a permanent Judge of a High Court shall plead
or act in any court or before any authority in India except the Supreme Court
and the other High Courts.
Explanation.- In this article, the expression "High Court" does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement of the Constitution (seventh Amendment) Act, 1956.
221. Salaries etc., of Judges
(1) There shall be paid to the Judges of each
High Court such salaries as may be determined by Parliament by law and, until
provision in that behalf is so made, such salaries as are specified in the Second
Schedule.
(2) Every Judge shall be entitled to such
allowances and to such rights in respect of leave of absence and pension as may
from time to time be determined by or under law made by Parliament and, until
so determined, to such allowances and rights as are specified in the Second
Schedule:
Provided that neither the allowances of a Judge nor his rights in respect of leave of absence shall be varied to his disadvantage after his appointment.
222. Transfer of a Judge from one High Court to another
(1) The President may, after consultation with
the Chief Justice of India, transfer a Judge from one High Court to any other
High Court.
(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.
223. Appointment of acting Chief Justice
When the office of Chief Justice of High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purposes.
224. Appointment of additional and acting Judges
(1) If by reason of any temporary increase in
the business of 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 specific.
(2) When any Judge of a High Court other than
the Chief Justice is by reason of absence or for any other reason unable to perform
the duties of his office or is appointed to act temporarily as Chief Justice,
the President may appoint a duly qualified person to act as a Judge of that
Court until the permanent Judge has resumed his duties.
(3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years.
224A. Appointment of retired Judges at sittings of High Courts
Notwithstanding anything in this Chapter, the
Chief Justice of a High Court for any State may at any time, with the previous
consent of the President, request any person who has held the office of Judge
of that Court or of any other High Court to sit and act as a Judge of the High
Court for that State, and every such person so requested shall, while so
sitting and acting, be entitled to such allowances as the President may by
order determine and have all the jurisdiction, powers and privileges of, but
shall not otherwise be deemed to be, a Judge of that High Court:
Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.
225. Jurisdiction of existing High Courts
Subject to the provisions of this Constitution
and to the provisions of any law of the appropriate Legislature made by virtue
of powers conferred on that Legislature by this Constitution, the jurisdiction
of, and the law administered in, any existing High Court, and the respective
powers of the Judges thereof in relation to the administration of justice in
the Court, including any power to make rules of Court and to regulate the
sittings of the Court and of members thereof sitting alone or in Division
Courts, shall be the same as immediately before the commencement of this
Constitution :
Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.
226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32
every High Court shall have powers, throughout the territories in relation to
which it exercise 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,
prohibitions, 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.
(2) The power conferred by clause (1) to issue
directions, orders or writs to any Government, authority or person may also be
exercised by any High Court exercising jurisdiction in relation to the
territories within which the cause of action , wholly or in part, arises for
the exercise of such power, notwithstanding that the seat of such Government or
authority or the residence of such person is not within those territories.
(3) Where any party against whom an interim
order, whether by way of injunction or stay or in any other manner, is made on,
or in any proceedings relating to, a petition under clause (1), without-
(a) furnishing to such
party copies of such petition and all documents in support of the plea for such
interim order; and
(b) giving such party
an opportunity of being heard, makes an application to the High Court for the
vacation of such order and furnishes a copy of such application to the party in
whose favor such order has been made or the counsel of such party, the High
Court shall dispose of the application within a period of two weeks from the
date on which it is received or from the date on which the copy of such
application is so furnished, whichever is later, or where the High Court is
closed on the last day of that period, before the expiry of the next day
afterwards on which the High Court is open; and if the application is not so
disposed of, the interim order shall, on the expiry of that period, or , as the
case may be, the expiry of the aid next day, stand vacated.
(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause (2) of Article 32.
Students
226A. [Repealed]
227. Power of superintendence over all courts by the High Court
(1) Every High Court
shall have superintendence over all courts and tribunals throughout the
territories interrelation to which it exercises jurisdiction.
(2) Without prejudice to the generality of the
foregoing provisions, the High Court may -
(a) call for returns
from such courts;
(b) make and issue
general rules and prescribe forms for regulating the practice and proceedings
of such courts; and
(c) prescribe forms in
which books, entries and accounts shall be kept by the officers of any such
courts.
(3) The High Court may also settle tables of
fees to be allowed to the sheriff and all clerks and officers of such courts
and to attorneys, advocates and pleaders practicing therein:
Provided that any rules made, forms prescribed
or tables settled under clause (2) or clause (3) shall not be inconsistent with
the provision of any law for the time being in force, and shall require the
previous approval of the Governor.
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.
228. Transfer of certain cases to High Court
If the High Court is satisfied that a case
pending in a court subordinate to it involves a substantial question of law as
to the interpretation of this Constitution the determination of which is
necessary for the disposal of the case, it shall withdraw the case and ***
may�.
(a)
either dispose of the case itself, or
(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in confirmity with such judgment.
228A. [Repealed]
229. Officers and servants and the expenses of High Courts
(1) Appointments of officers and servants of a High Court shall
be made by the Chief Justice of the Court or such other Judge or officer of the
Court as he may direct:
Provided that the Governor of the State *** may by rule
require that in such cases as may be specified in the rule no person not
already attached to the Court shall be appointed to any office connected with
the Court save after consultation with the State Public Service Commission.
(2) Subject to the provisions of any law made by the Legislature
of the State, the conditions of service of officers and servants of a High
Court shall be such as may be prescribed by rules made by the Chief Justice of
the Court or by some other Judge or officer of the Court authorized by the
Chief Justice to make rules for the purpose:
Provided that the rules made under this clause shall,
so far as they relate to salaries, allowances, leave or pensions, require the
approval of the Governor of the State ***.
(3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.
230. Extension of jurisdiction of High Courts to Union territories
(1) Parliament may by law extend the jurisdiction of a High
Court to, or exclude the jurisdiction of a High Court from, any Union
territory.
(2) Where the High Court of a State exercises jurisdiction in
relation to a Union territory:�
(a) nothing in this Constitution shall be
construed as empowering the Legislature of the State to increase, restrict or
abolish that jurisdiction; and
(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President.
231. Establishment of a common High Court for two or more States
(1) Notwithstanding anything contained in the preceding
provisions of this Chapter, Parliament may by law establish a common High Court
for two or more States or for two or more States and a Union territory.
(2) In relation to any such High Court,�
(a) the reference in article 217 to the
Governor of the State shall be construed as a reference to the Governors of all
the States in relation to which the High Court exercises jurisdiction;
(b) the reference in article 227 to the
Governor shall, in relation to any rules, forms or tables for subordinate
courts, be construed as a reference to the Governor of the State in which the
Subordinate Courts are situate; and
(c) the reference in articles 219 and 229 to
the State shall be construed as a reference to the State in which the High
Court has its principal seat:
Provided that if such principal seat is in a Union territory, the references in articles 210 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.
Chapter VI - Subordinate Courts
233. Appointment of district judges
(1) Appointments of persons to be, and the
posting and promotion of, district judges in any State shall be made by the
Governor of the State in consultation with the High Court exercising
jurisdiction in relation to such State.
(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges
Notwithstanding any judgment, decree or order
of any court,-
(a) i) no appointment of any person already in
the judicial service of a State or of any person who has been for not less than
seven years an advocate or a pleader, to be a district judge in that State, and
ii) no posting,
promotion or transfer of any such person as a district judge, made at any time
before the commencement of the Constitution (Twentieth Amendment) Act, 1966,
otherwise than in accordance with the provisions of Article 233 or Article 235
shall be deemed to be illegal or void or ever to have become illegal or void by
reason only of the fact that such appointment, posting, promotion or transfer
was not made in accordance with the said provisions;
(b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of Article 233 or Article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.
234. Recruitment of persons other than district judges to the judicial service
Appointment of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.
235. Control over subordinate courts
The control over district courts and courts
subordinate thereto including the posting and promotion of, and the grant of
leave to, persons belonging to the judicial service of a State and holding any
post inferior to the post of district judge shall be vested in the High Court,
but nothing in this article
shall be construed as taking away from any such person any right of appeal which he may under the law regulating the conditions of his service or as authorizing the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.
236. Interpretation
In this Chapter-
(a) the expression "district judge" includes
judge of a city civil court, additional district judge, joint district judge,
assistant district judge, chief judge of a small cause court, chief presidency
magistrate, additional chief presidency magistrate, sessions judge, additional
sessions judge and assistant sessions judge;
(b) the expression "judicial service" means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.
237. Application of the provisions of this Chapter to certain class or classes of magistrates
The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.
-
239. Administration of Union territories
(1) Save as otherwise provided by Parliament
by law, every Union territory shall be administered by the President acting, to
such extent as he thinks fit, through an administrator to be appointed by him
with such designation as he may specify.
(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.
239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories
(1) Parliament may by law create for the Union
territory of Pondicherry -
(a) a body, whether
elected or partly nominated and partly elected, to function as a Legislature
for the Union territory, or
(b) a Council of Ministers,
or both with such constitution, powers and functions, in each case, as may be
specified in the law.
(2)Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of Article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.
239B. Power of administrator to promulgate Ordinances during recess of Legislature
(1)If at any time, except when the Legislature
of the Union territory of Pondicherry is in session, the administrator thereof
is satisfied that circumstances exist which render it necessary for him to take
immediate action, he may promulgate such Ordinances as the circumstances appear
to him to require:
Provided that no such Ordinance shall be
promulgated by the administrator except after obtaining instructions from the
President in that behalf:
Provided further that whenever the said
legislature is dissolved, or its functioning from the President shall be deemed
to be an Act of the Legislature of the Union territory which has been duly
enacted after complying with the provisions in that behalf contained in any
such law as is referred to in clause (1) of Article 239A, the administrator
shall not promulgate any Ordinance during the period of such dissolution or
suspension.
(2) An Ordinance promulgated under this
article in pursuance of instructions from the President shall be deemed to be
an Act of the Legislature of the Union territory which has been duly enacted
after complying with the provisions in that behalf contained in any such law as
is referred to in clause (1) of Article 239A, but every such Ordinance-
(a) shall be laid
before the Legislature of the Union territory and shall cease to operate at the
expiration of six weeks from the reassembly of the legislature or if, before
the expiration of that period, a resolution disapproving it is passed by the
Legislature, upon the passing of the resolution; and
(b) may be withdrawn
at any time by the administrator after obtaining instructions from the
President in that behalf.
(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of Article 239A, it shall be void.
240. Power of President to make regulations for certain Union territories
(1) The President may make regulations for the
peace, progress and good government of the Union territory of-
(a) the Andaman and
Nicobar Islands;
(b) Lakshadweep;
(c) Dadra and Nagar
Haveli;
(d) Daman and Diu;
(e) Pondicherry;
Provided that when any body is created under Article
239A to function as a Legislature for the Union territories of Pondicherry, the
President shall not make any regulation for the peace, progress and good
government of that Union territory with effect from the date appointed for the
first meeting of the Legislature:
Provided further that whenever the body
functioning as a Legislature for the Union territory of Pondicherry is
dissolved, or the functioning of that body as such Legislature remains
suspended on account of any action taken under any such law as is referred to
in clause (1) of Article 239A, the President may, during the period of such
dissolution or suspension, make regulations for the peace, progress and good
government of that Union territory.
(2) Any regulation so made may repeal or amend any Act made by Parliament or any other law which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.
241. High Courts for Union territories
(1) Parliament may by law constitute a High
Court for a Union territory or declare any court in any such territory to be a
High Court for all or any of the purposes of this Constitution.
(2) The provisions of Chapter V of Part VI
shall apply in relation to every High Court referred to in clause (1) as they
apply in relation to a High Court referred to in Article 214 subject to such
modifications or exceptions as Parliament may by law provide.
(3) Subject to the provisions of this
Constitution and to the provisions of any law of the appropriate Legislature
made by virtue of powers conferred on that Legislature by or under this
Constitution, every High Court exercising jurisdiction immediately before the
commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to
any Union territory shall continue to exercise such jurisdiction in relation to
that territory after such commencement.
(4) Nothing in this article derogates from the power of parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.
242. [Repealed]
243. Definitions
In this Part, unless the context otherwise requires,�
(a) �district� means a district in a State;
(b) �Gram Sabha� means a body consisting of persons registered
in the electoral rolls relating to a village comprised within the area of
Panchayat at the village level;
(c) �intermediate level� means a level between the village and
district levels specified by the Governor of a State by public notification to
be the intermediate level for the purposes of this Part;
(d) �Panchayat� means an institution (by whatever name called)
of self-government constituted under article 243B, for the rural areas;
(e) �Panchayat area� means the territorial area of a Panchayat;
(f) �population� means the population as ascertained at the last
preceding census of which the relevant figures have been published;
(g) �village� means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.
243A. Gram Sabha
A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may by law, provide.
243B. Constitution of Panchayats
(1) There shall be constituted in every State, Panchayats at the
village, intermediate and district levels in accordance with the provisions of
this Part.
(2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.
243C. Composition of Panchayats
(1) Subject to the provisions of this Part, the Legislature of a
State may, by law, make provisions with respect to the composition of
Panchayats:
Provided that the ratio between the population of the
territorial area of a Panchayat at any level and the number of seats in such
Panchayat to be filled by election shall, so far as practicable, be the same
throughout the State,
(2) All the seats in a Panchayat shall be filled by persons
chosen by direct election from territorial constituencies in the Panchayat area
and, for this purpose, each Panchayat area shall be divided into territorial
constituencies in such manner that the ratio between the population of each
constituency and the number of seats allotted to it shall, so far as
practicable, be the same throughout the Panchayat area.
(3) The Legislature of a State may, by law, provide for the
representation�
(a) of the Chairpersons of the Panchayats at
the village level, in the Panchayats at the intermediate level or, in the case
of a State not having Panchayats at the intermediate level, in the Panchayats
at the district level;
(b) if the Chairpersons of the Panchayats at
the intermediate level, in the Panchayats at the district level;
(c) of the members of the House of the People
and the members of the Legislative Assembly of the State representing
constituencies which comprise wholly or partly a Panchayat area at a level
other than the village level, in such Panchayat;
(d) of the members of the Council of States
and the members of the Legislative Council of the State, where they are
registered as electors within�
(i) a Panchayat area at the intermediate
level, in Panchayat at the intermediate level;
(ii) a Panchayat area at the district level,
in Panchayat at the district level.
(4) The Chairperson of a Panchayat and other members of a
Panchayat whether or not chosen by direct election from territorial
constituencies in the Panchayat area shall have the right to vote in the
meetings of the Panchayats.
(5) The Chairperson of�
(a) Panchayat at the village level shall be
elected in such manner as the Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level, shall be elected by, and from amongst, the elected members thereof.
243D. Reservation of seats
(1) Seats shall be reserved for�
(a) the Scheduled Castes; and
(b) the Scheduled Tribes, in every Panchayat
and the number of seats so reserved shall bear, as nearly as may be, the same
proportion to the, total number of seats to be filled by direct election in
that Panchayat as the population of the Scheduled Castes in that Panchayat area
or of the Scheduled Tribes in that Panchayat area bears to the total population
of that area and such seats may be allotted by rotation to different
constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats
reserved under clause (1) shall be reserved for women belonging, to the
Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)
of the total number of seats to be filled by direct election in every Panchayat
shall be reserved for women and such seats may be allotted by rotation to
different constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the
village or any other level shall be reserved for the Scheduled Castes the
Scheduled Tribes and women in such manner as the Legislature of a State may, by
law, provide:
Provided that the number of offices of Chairpersons
reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at
each level in any State shall bear, as nearly as may be, the same proportion to
the total number of such offices in the Panchayats at each level as the
population of the Scheduled Castes in the State or of the Scheduled Tribes in
the State bears to the total population of the State:
Provided further that not less than one-third of the
total number of offices of Chairpersons in the Panchayats at each level shall
be reserved for women:
Provided also that the number of offices reserved under
this clause shall be allotted by rotation to different Panchayats at each
level.
(5) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairpersons (other than the reservation for women)
under clause (4) shall cease to have effect on the expiration of the period
specified in article 334 .
(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favor of backward class of citizens.
243E. Duration of Panchayats, etc.
(1) Every Panchayat, unless sooner dissolved under any law for
the time being in force, shall continue for five years from the date appointed
for its first meeting and no longer.
(2) No amendment of any law for the time being in force shall
have the effect of causing dissolution of a Panchayat at any level, which is
functioning immediately before such amendment, till the expiration of its
duration specified in clause (1).
(3) An election to constitute a Panchayat shall be completed�
(a) before the expiry of its duration
specified in clause (1);
(b) before the expiration of a period of six
months from the date of its dissolution:
Provided that where the remainder of the period for
which the dissolved Panchayat would have continued is less than six months, it
shall not be necessary to hold any election under this clause for constituting
the Panchayat.
(4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under clause (1) had it not been so dissolved.
243F. Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for
being, a member of a Panchayat�
(a) if he is so disqualified by or under any law
for the time being in force for the purposes of elections to the Legislature of
the State concerned:
Provided that no person shall be disqualified on
the ground that be is less than twenty-five years of age, if he has attained
the age of twenty-one years;
(b) if he is so disqualified by or under any
law made by the Legislature of the State.
(2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.
243G. Powers, authority and responsibilities of Panchayats
Subject to the provisions of this Constitution the Legislature
of a State may, by law, endow the Panchayats with such powers and authority and
may be necessary to enable them to function as institutions of self-government
and such law may contain provisions for the devolution of powers and
responsibilities upon Panchayats, at the appropriate level, subject to such
conditions as may be specified therein, with respect to�
(a) the preparation of plans for economic
development and social justice;
(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
243H. Powers to impose taxes by, and funds of, the Panchayats
The Legislature of a State may, by law,�
(a) authorize a Panchayat to levy, collect and appropriate such
taxes, duties, tolls and fees in accordance with such procedure and subject to
such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees
levied and collected by the State Government for such purposes and subject to
such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from
the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys there from, as may be specified in the law.
243I. Constitution of finance Commissions to review financial position
(1) The Governor of a State shall, as soon as may be within one
year from the commencement of the Constitution (Seventy-third Amendment) Act,
1992, and thereafter at the expiration of every fifth year, constitute a
Finance Commission to review the financial position of the Panchayats and to
make recommendations to the Governor as to�
(a) the principles which should govern�
(i) the distribution between the State and the
Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by
the State, which may be divided between them under this Part and the allocation
between the Panchayats at all levels of their respective shares of such
proceeds;
(ii) the determination of the taxes, duties,
tolls and fees which may be assigned to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from
the Consolidated Fund of the State;
(b) the measures needed to improve the
financial position of the Panchayats;
(c) any other matter referred to the Finance
Commission by the Governor in the interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition
of the Commission, the qualifications which shall be requisite for appointment
as members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall
have such powers in the performance of their functions as the Legislature of
the State may, by law, confer on them,
(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
243J. Audit of accounts of Panchayats
The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.
243K. Elections to the Panchayats
The superintendence, direction and control of the preparation of
electoral rolls for, and the conduct of, all elections to the Panchayats shall
be vested in a State Election Commission consisting of a State Election Commissioner
to be appointed by the Governor.
(2) Subject to the provisions of any law made by the Legislature
of a State the conditions of service and tenure of office of the State Election
Commissioner shall be such as the Governor may by rule determine:
Provided that the State Election Commissioner shall not
be removed from his office except in like manner and on the like ground as a
Judge of a High Court and the conditions of service of the State Election
Commissioner shall not be varied to his disadvantage after his appointment.
(3) The Governor of a State shall, when so requested by the
State Election Commission, make available to the State Election Commission such
staff as may be necessary for the discharge of the functions conferred on the
State Election Commission by clause (1).
(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.
243L. Application to Union territories
The provisions of this Part shall apply to the Union territories
and shall, in their application to a Union territory, have effect as if the
references to the Governor of a State were references to the Administrator of
the Union territory appointed under 239 and references to the Legislature or
the Legislative Assembly of a State were references, in relation to a Union
territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
243M. Part not to apply to certain areas
(1) Nothing in this Part shall apply to the Scheduled Areas
referred to in clause (1), and the tribal areas referred to in clause (2), of
article 244.
(2) Nothing in this Part shall apply to�
(a) the States of Nagaland, Meghalaya and
Mizoram;
(b) the Hill areas in the State of Manipur for
which District Councils exist under any law for the time being in force.
(3) Nothing in this Part�
(a) relating to Panchayats at the district
level shall apply to the Hill areas of the District of Darjeeling in the State
of West Bengal for which Darjeeling Gorkha Hill Council exists under any law
for the time being in force;
(b) shall be construed to affect the functions
and powers of the Darjeeling Gorkha Hill Council constituted under such law.
(4) Notwithstanding anything in this Constitution�
(a) the Legislature of a State referred to in
sub-clause (a) of clause (2) may, by law, extend this Part to that State,
except the areas, if any, referred to in clause (1), if the Legislative
Assembly of that State passes a resolution to that effect 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;
(b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of Article 368.
243N. Continuance of existing laws and Panchayats
Notwithstanding anything in this Part, any provision of any law
relating to Panchayats in force in a State immediately before commencement of
the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent
with the provisions of this part, shall continue to be in force until amended
or repealed by a competent Legislature other competent authority or until the
expiration of one year from such commencement whichever is earlier:
Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each house of the Legislature of that State.
243O. Bar to interference by courts in electoral matters
Notwithstanding anything in this Constitution�
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies made or
purporting to be made under article 243K, shall not be called in question in
any court;
(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the legislature of a State.
243P. Definitions
In this Part, unless the context otherwise requires,�
(a) �Committee� means a Committee constituted under article
243S;
(b) �district� means a district in a State;
(c) �Metropolitan area� means an area having a population of ten
lakhs or more, comprised in one or more districts and consisting of two or more
Municipalities or Panchayats or other contiguous areas, specified by the Governor
by public notification to be Metropolitan area for the purposes of this Part;
(d) �Municipal area� means the territorial area of a
Municipality as is notified by the Governor;
(e) �Municipality� means an institution of self-government
constituted under Article 243Q ;
(f) �Panchayat� means a Panchayat constituted under Article
243B;
(g) �population� means the population as ascertained at the last preceding census of which the relevant figures have been published.
243Q. Constitution of Municipalities
(1) There shall be constituted in every State,�
(a) a Nagar Panchayat (by whatever name
called) for a transitional area, that is to say, an area in transition from a
rural area to an urban area.
(b) a Municipal Council for a smaller urban
area; and
(c) a Municipal Corporation for a larger urban
area, in accordance with the provisions of this Part:
Provided that a Municipality under this clause may not
be constituted in such urban area or part thereof as the Governor may, having
regard to the size of tile area and the municipal services being provided or
proposed to be provided by an industrial establishment in that area and such
other factors as he may deem fit, by public notification, specify to be an
industrial township.
(2) In this article, �a transitional area�, �a smaller urban area� or �a larger urban area� means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.
243R. Composition of Municipalities
(1) Save as provided in clause (2), all the seats in a
Municipality shall be filled by persons chosen by direct election from the
territorial constituencies in the Municipal area and for this purpose each
Municipal area shall be divided into territorial constituencies to be known as
wards.
(2) The Legislature of a State may, by law, provide�
(a) for the representation in a Municipality
of�
(i) persons having special knowledge or
experience in Municipal administration;
(ii) the members of the House of the People
and the members of the Legislative Assembly of the State representing
constituencies which comprise wholly or partly the Municipal area;
(iii) the members of the Council of States and
the members of the Legislative Council of the State registered electors within
tile Municipal area;
(iv) the Chairpersons of the Committees
constituted under clause (5) of article 243S:
Provided that the persons referred to in
paragraph (i) shall not have the right to vote in the meetings of the
Municipality;
(b) the manner of election of the Chairperson of a Municipality.
243S. Constitution and composition of wards Committees, etc.
(1) There shall be constituted Wards Committees, consisting of
one or more Wards, within the territorial area of a Municipality having a
population of three lakhs or more.
(2) The Legislature of a State may, by law, make provision with
respect to�
(a) the composition and the territorial area
of a Wards Committee;
(b) the manner in which the seats in a Wards
Committee shall be filled.
(3) A member of a Municipality representing a ward within the
territorial area of the Wards Committee shall be a member of that Committee.
(4) Where a Wards Committee consists of�
(a) one ward, the member representing that
ward in the Municipality; or
(b) two or more wards, one of the members
representing such wards in the Municipality elected by the members of the Wards
Committee, shall be the Chairperson of that Committee.
(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the Constitution of Committees in addition to the Wards Committees.
243T. Reservation of seats
(1) Seats shall be reserved for the Scheduled Castes and the
Scheduled Tribes in every Municipality and the number of seats so reserved
shall bear, as nearly as may be, the same proportion to the total number of
seats to be filled by direct election in that Municipality as the population of
the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the
Municipal area bears to the total population of that area and such seats may be
allotted by rotation to different constituencies in a Municipality.
(2) Not less than one-third of the total number of seats
reserved under clause (1) shall be reserved for women belonging to the
Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)
of the total number of seats to be filled by direct election in every
Municipality shall be reserved for women and such seats may be allotted by
rotation to different constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall be
reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner
as the Legislature of a State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairpersons (other than the reservation for women)
under clause (4) shall cease to have effect on the expiration of the period
specified in article 334 .
(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favor of backward class of citizens.
243U. Duration of Municipalities, etc.
(1) Every Municipality, unless sooner dissolved under any law
for the time being in force, shall continue for five years from the date
appointed for its first meeting and no longer:
Provided that a Municipality shall be given a
reasonable opportunity of being heard before its dissolution.
(2) No amendment of any law for the time being in force shall
have the effect of causing dissolution of a Municipality at any level, which is
functioning immediately before such amendment, till the expiration of its
duration specified in clause (1).
(3) An election to Constitute a Municipality shall be
completed,�
(a) before the expiry of its duration
specified in clause (1);
(b) before the expiration of a period of six
months from the date of its dissolution:
Provided that where the remainder of the period for
which the dissolved Municipality would have continued is less than six months, it
shall not be necessary to hold any election under this clause for constituting
the Municipality for such period.
(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would leave continued. under, clause (1) had it not been so dissolved.
243V. Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for
being a member of a Municipality�
(a) if he is so disqualified by or under any
law for the time being in force for the purposes of elections to the
Legislature of the State concerned:
Provided that no person shall be disqualified on
the ground that he is less than twenty-five years of age, if he has attained
the age, of twenty-one years;
(b) if he is so disqualified by or under any
law made by the Legislature of the State.
(2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.
243W. Powers, authority and responsibilities of Municipalities, etc.
Subject to the provisions of this Constitution, the Legislature
of a State may, by law, endow�
(a) the Municipalities with such powers and authority as may be
necessary to enable them to function as institutions of self-government and
such law may contain provisions for the devolution of powers and
responsibilities upon Municipalities, subject to such conditions as may be
specified therein, with respect to�
(i) the preparation of plans for economic
development and social justice;
(ii) the performance of functions and the
implementation of schemes as may be entrusted to them including those in
relation to the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.
243X. Power to impose taxes by, and funds, of, the Municipalities
The Legislature of a State may, by law�
(a) authorize a Municipality to levy, collect and appropriate
such taxes, duties, tolls and fees in accordance with such procedure and
subject to such limits;
(b) assign to a Municipality such taxes, duties, tolls and fees
levied and collected by the State-Government for such purposes and subject to
such conditions and limits;
(c) provide for making, such grants-in-aid to the Municipalities
from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received. respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys there from, as may be specified in the law.
243Y. Finance Commission
(1) The Finance Commission constituted under article 243-I shall
also review the financial position of the Municipalities and make recommendations
to the Governor as to�
(a) the principles which should govern�
(i) the distribution between the State and the
Municipalities of the net proceeds of the taxes, duties, tolls and fees
leviable by the State, which may be divided between them under this Part and
the allocation between the Municipalities at all levels of their respective
shares of such proceeds;
(ii) the determination of the taxes, duties,
tolls and fees which may be assigned to, or appropriated by, the
Municipalities;
(iii) the grants-in-aid to the Municipalities
from the Consolidated Fund of the State;
(b) the measures needed to improve the
financial position of the Municipalities;
(c) any other matter referred to the Finance
Commission by the Governor in the interests of sound finance of the
Municipalities.
(2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
243Z. Audit of accounts of Municipalities
The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.
243ZA. Elections to the Municipalities
(1) The superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of, all elections to the
Municipalities shall be vested in the State Election Commission referred to in
article 243K.
(2) Subject to provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.
243ZB. Application to Union territories
The Provisions of this Part shall apply to the Union territories
and shall, in their application to a Union territory, have effect as if the
references to the Governor of a State were references to the Administrator of
the Union territory appointed under article 239 and references to the
Legislature or the Legislative Assembly of a State were references in relation
to a Union territory having a Legislative Assembly, to that Legislative
Assembly:
Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
243ZC. Part not to apply to certain areas
(1) Nothing in this Part shall apply to the Scheduled Areas
referred to in Clause (1), and the tribal areas referred to in Clause (2), of
article 244.
(2) Nothing in this part shall be construed to affect the
functions and powers of the Darjeeling Gorkha Hill Council constituted under
any law for the time being in force for the hill areas of the district of
Darjeeling in the State of West Bengal.
(3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the Tribal Areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.
243ZD. Committee for district planning
(1) There shall be constituted in every State at the district
level a District Planning Committee to consolidate the plans prepared by the
Panchayats and the Municipalities in the district and to prepare a draft
development plan for the district as a whole.
(2) The Legislative of a State may, by law, make provision with
respect to�
(a) the composition of the District Planning
Committees;
(b) the manner in which the seats in such
Committees shall be filled:
Provided that not less than four-fifths of the
total number of members of such Committee shall be elected by, and from
amongst, the elected members of the Panchayat at the district level and of the
Municipalities in the district in proportion to the ratio between the
population of the rural areas and of the urban areas in the district;
(c) the functions relating to district
planning which may be assigned to such Committees;
(d) the manner in which the Chairpersons of
such Committees be chosen.
(3) Every District Planning Committee shall, in preparing the
draft development plan,�
(a) have regard to�
(i) matters of common interest between the
Panchayats and the Municipalities including spatial planning, sharing of water
and other physical and natural resources, the integrate development of
infrastructure and environmental conservation;
(ii) the extent and type of available
resources whether financial or otherwise;
(b) consult such institutions and
organizations as the Governor may, by order, specify.
(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.
243ZE. Committee for Metropolitan Planning
(1) There shall be constituted in every Metropolitan, area a
Metropolitan Planning Committee to prepare a draft development plan for the
Metropolitan area as a whole.
(2) The Legislature of a State may, by law, make with respect
to�
(a) the composition of the Metropolitan
Planning Committees;
(b) the manner in which the seats in such
Committees shall be filled:
Provided that not less than two-thirds of the
members of such Committee shall be elected by, and from amongst, the elected
members of the Municipalities and Chairpersons of the Panchayats in the,
Metropolitan area in proportion to the ratio between the population of the
Municipalities and of the Panchayats in that area;
(c) the representation, in such Committees of
the Government of India and the Government of the State and of such
organizations and institutions as may be deemed necessary for carrying out the
functions assigned to such Committees;
(d) the functions relating to planning and
coordination for the Metropolitan area which may be assigned to such
Committees;
(e) the manner in which the Chairpersons of
such Committees shall be chosen.
(3) Every Metropolitan Planning Committee shall, in preparing
the draft development plan,�
(a) have regard to�
(i) the plans prepared by the Municipalities
and the Panchayats in the Metropolitan area;
(ii) matters of common interest between the
Municipalities and the Panchayats, including co-ordinated spatial planning of
the area, sharing of water and other physical and natural resources, the
integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities
set by the Government of India and the Government of the State;
(iv) the extent and nature of investments
likely to be made in the Metropolitan area by agencies of the Government of
India and of the Government of the State and other available resources whether
financial or otherwise;
(b) consult such institutions and
organizations as the Governor may, by order, specify.
(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.
243ZF. Continuance of existing laws and Municipalities
Notwithstanding anything in this Part, any provision of any law
relating to Municipalities in force in a State immediately before the
commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is
inconsistent with the provisions of this Part, shall continue to be in force
until amended or repealed by a competent Legislature or other competent
authority or until the expiration of one year from such commencement, whichever
is earlier:
Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.
243ZG. Bar to interference by courts in electoral matters
Notwithstanding anything in this Constitution,�
(a) the validity of any law relating to the delimitation of constituencies
or the allotment of seats to such constituencies, made or purporting to be made
under article 243ZA shall not be called in question in any court;
(b) no election to any Municipality shall be called in question expect by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.
244. Administration of Scheduled Areas and Tribal Areas
(1) The provisions of the Fifth Schedule shall
apply to the administration and control of the Scheduled Areas and Scheduled
Tribes in any State other than the States of Assam Meghalaya, Tripura and
Mizoram.
244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor
244-A. Formation of an autonomous State
comprising certain tribal areas in Assam and creation of local Legislature or
Council of Ministers or both therefore.-
(1) Notwithstanding anything in this
Constitution, Parliament may, by law, form within the State of Assam an
autonomous State comprising (whether wholly or in part) all or any of the
tribal areas specified in Part I of the table appended to paragraph 20 of the
Sixth Schedule and create therefor-
(a) a body, whether
elected or partly nominated and partly elected, to function as a Legislature
for the autonomous State, or
(b) a Council of
Ministers, or both with such constitution, powers and functions, in each case,
as may be specified in the law.
(2) Any such law as is referred to in clause
(1) may, in particular,-
(a) specify the
matters enumerated in the State List or the Concurrent List with respect to
which the legislature of the autonomous State shall have power to make laws for
the whole or any part thereof, whether to the exclusion of the Legislature of
the State of Assam or otherwise;
(b) define the matters
with respect to which the executive power of the autonomous State shall extend;
(c) provide that any
tax levied by the State of Assam shall be assigned to the autonomous State in
so far as the proceeds thereof are attributable to the autonomous State;
(d) provide that any
reference to a State in any article of this Constitution shall be construed as
including a reference to the autonomous State; and
(e) make such
supplemental, incidental and consequential provisions as may be deemed
necessary.
(3) An amendment of any such law as aforesaid
in so far as such amendment relates to any of the matters specified in
sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the
amendment is passed in each House of Parliament by not less than two-thirds of
the members present and voting.
(4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of Article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.
Chapter I - Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of States
(1) Subject to the provisions of this
Constitution, Parliament may make laws for the whole or any part of the
territory of India, and the Legislature of a State may make laws for the whole
or any part of the State.
(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.
246. Subject-matter of laws made by Parliament and by the Legislatures of States
(1) Notwithstanding anything in clauses(2) and
(3), Parliament has exclusive power to make laws with respect to any of the
matters enumerated in List I in the Seventh Schedule (in this Constitution
referred to as the "Union List").
(2) Notwithstanding anything in clause (3),
Parliament, and, subject to clause (1), the Legislature of any State also, have
power to make laws with respect to any of the matters enumerated in List III in
the Seventh Schedule (in this Constitution referred to as the "Concurrent
List").
(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included (in a State) notwithstanding that such matter is a matter enumerated in the State List.
247. Power of Parliament to provide for the establishment of certain additional courts
Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.
248. Residuary powers of legislation
(1)Parliament has exclusive power to make any
law with respect to any matter not enumerated in the Concurrent List or State
List.
(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest
(1) Notwithstanding anything in the foregoing
provisions of this Chapter, if the Council of States has declared by resolution
supported by not less than two-thirds of the members present and voting that it
is necessary or expedient in national interest that Parliament should make laws
with respect to any matter enumerated in the State List specified in the resolution,
it shall be lawful for Parliament to make laws for the whole or any part of the
territory of India with respect to that matter while the resolution remains in
force.
(2) A resolution passed under clause (1) shall
remain in force for such period not exceeding one year as may be specified
therein:
Provided that, if and so often as a resolution
approving the continuance in force of any such resolution is passed in the
manner provided in clause (1), such resolution shall continue in force for a
further period of one year from the date on which under this clause it would
otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetence, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.
250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
(1) Notwithstanding anything in this Chapter,
Parliament shall, while a Proclamation of Emergency is in operation, have,
power to make laws for the whole or any part of the territory of India with
respect to any of the matters enumerated in the State List.
(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetence, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.
251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States
Nothing in Articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative.
252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State
(1) (1) If it appears to the Legislatures of
two or more States to be desirable that any of the matters with respect to
which Parliament has no power to make laws for the States except as provided in
Articles 249 and 250 should be regulated in such States by Parliament by law,
and if resolutions to that effect are passed by all the House of the
Legislatures of those States, it shall be lawful for Parliament to pass an Act
for regulating that matter accordingly, and any Act so passed shall apply to
such States and to any other State by which it is adopted afterwards by
resolution passed in that behalf by the House or, where there are two Houses,
by each of the Houses of the Legislature of that State.
(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.
253. Legislation for giving effect to international agreements
Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.
254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States
(1) If any provision of a law made by the
Legislature of a State is repugnant to any provision of a law made by
Parliament which Parliament is competent to enact, or to any provision of an existing
law with respect to one of the matters enumerated in the Concurrent List, then,
subject to the provisions of clause (2), the law made by Parliament, whether
passed before or after the law made by the Legislature of such State, or, as
the case may be, the existing law, shall prevail and the law made by the
Legislature of the State shall, to the extent of the repugnancy, be void.
(2) Where a law made by the Legislature of a
State with respect to one of the matters enumerated in the concurrent List contains
any provision repugnant to the provisions of an earlier law made by Parliament
or an existing law with respect to that matter, then, the law so made by the
Legislature of such State shall, if it has been reserved for the consideration
of the President and has received his assent, prevail in that State:
Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only
No Act of Parliament or of the legislature of
a State and no provision in any such Act, shall be invalid by reason only that
some recommendation or previous sanction required by this Constitution was not
given, if assent to that Act was given-
(a) where the recommendation required was that
of the Governor, either by the Governor or by the President;
(b) where the recommendation required was that
of the Rajpramukh, either by the Rajpramukh or by the President;
(c) where the recommendation or previous sanction required was that of the President, by the President.
Chapter II - General
256. Obligation of States and the Union
The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.
257. Control of the Union over States in certain cases
(1) The executive power of every State shall
be so exercised as not to impede or prejudice the exercise of the executive
power of the Union, and the executive power of the Union shall extend to the
giving of such directions to a State as may appear to the Government of India
to be necessary for that purpose.
(2) The executive power of the Union shall
also extend to the giving of directions to a State as to the construction and
maintenance of means of communication declared in the direction to be of
national or military importance:
Provided that nothing in this clause shall be
taken as restricting the power of Parliament to declare highways or waterways
to be national highways or national waterways so declared or the power of the
Union to construct and maintain means of communication as part of its functions
with respect to naval, military and air force works.
(3) The executive power of the Union shall
also extend to the giving of directions to a State as to the measures to be
taken for the protection of the railways within the State.
(4) Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State.
257A. [Repealed]
258. Power of the Union to confer powers, etc., on States in certain cases
(1) Notwithstanding anything in this
Constitution, the President may, with the consent of the Governor of a State,
entrust either conditionally or unconditionally to that Government or to its
officers functions in relation to any matter to which the executive power of
the Union extends.
(2) A law made by Parliament which applies in
any State may, notwithstanding that it relates to a matter with respect to
which the Legislature of the State has no power to make laws, confer powers and
impose duties, or authorize the conferring of powers and the imposition of
duties, upon the State or officers and authorities thereof.
(3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties.
258A. Power of the States to entrust functions to the Union
Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Governor of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.
259. [Repealed]
260. Jurisdiction of the Union in relation to territories outside India
The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.
261. Public acts, records and judicial proceedings
Full faith and credit shall be given
throughout the territory of India to public acts, records and judicial proceedings
of the Union and of every State.
(2) The manner in which and the conditions
under which the acts, records and proceedings referred to in clause (1) shall
be proved and the effect thereof determined shall be as provided by law made by
Parliament.
(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.
Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State rivers or river valleys
(1) Parliament may by law provide for the
adjudication of any dispute or complaint with respect to the use, distribution
or control of the waters of, or in, any inter-State river or river valley.
(2) Notwithstanding anything in this
Constitution, Parliament may by law provide that neither the Supreme Court nor
any other court shall exercise jurisdiction in respect of any such dispute or
complaint as is referred to in clause (1).
Co-ordination between States
263. Provisions with respect to an inter-State Council
If any time it appears to the President that
the public interests would be served by the establishment of a Council charged
with the duty of-
(a) inquiring into and advising upon disputes
which may have arisen between States;
(b) investigating and discussing subjects in
which some or all of the States, or the Union and one or more of the States,
have a common interest; or
(c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, in shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organization and procedure.
Chapter I - General
264. Interpretation
In this Part, "Finance Commission" means a Finance Commission constituted under Article 280.
265. Taxes not to be imposed save by authority of law
No tax shall be levied or collected except by authority of law.
Fee
266. Consolidated Funds and public accounts of India and of the States
(1) Subject to the provisions of Article 267
and to the provisions of this Chapter with respect to the assignment of the
whole or part of the net proceeds of certain taxes and duties to States, all
revenues received by the Government of India, all loans raised by that
Government by the issue of treasury bills, loans or ways and means advances and
all moneys received by that Government in repayment of loans shall form one
consolidated fund to be entitled "the Consolidated Fund of India",
and all revenues received by the Government of a State, all loans raised by
that Government by the issue of treasury bills, loans or ways and means
advances and all moneys received by that Government in repayment of loans shall
form one consolidated fund to be entitled "the Consolidated Fund of the
State".
(2) All other public moneys received by or on
behalf of the Government of India or the Government of a State shall be
entitled to the public account of India or the public account of the State, as
the case may be.
(3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.
267. Contingency Fund
(1) Parliament may by law establish a
Contingency Fund in the nature of an imprest to be entitled "the
Contingency Fund of India" into which shall be paid from time to time such
sums as may be determined by such law, and the said Fund shall be placed at the
disposal of the President to enable advances to be made by him out of such Fund
for the purposes of meeting unforeseen expenditure pending authorization of
such expenditure by Parliament by law under Article 115 or Article 116.
(2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of the State" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor of the State to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorization of such expenditure by the Legislature of the State by law under Article 205 or Article 206.
Distribution of Revenues between the Union and the States
268. Duties levied by the Union but collected and appropriated by the States
(1)Such stamp duties and such duties of excise
on medicinal and toilet preparations as are mentioned in the Union List shall
be levied by the Government of India but shall be collected -
(a) in the case where
such duties are leviable within any Union territory, by the Government of
India, and
(b) in other cases, by
the States within which such duties are respectively leviable.
(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State.
269. Taxes levied and collected by the Union but assigned to the States
(1) The following duties and taxes shall be
levied and collected by the Government of India but shall be assigned to the
States in the manner provided in clause (2), namely:-
(a) duties in respect
of succession to property other than agricultural land;
(b) estate duty in
respect of property other than agricultural land;
(c) terminal taxes on
goods or passengers carried by railway, sea or air;
(d)taxes on railway
fares and freights;
(e) taxes other than
stamp duties on transactions in stock-exchanges and futures markets;
(f) taxes on the sale
or purchase of newspapers and on advertisements published therein;
(g) taxes on the sale
or purchase of goods other than newspapers, where such sale or purchase takes
place in the course of inter-State trade or commerce;
(h) taxes on the
consignment of goods (whether the consignment is to the person making it or to
any other person), where such consignment takes place in the course of
inter-State trade or commerce.
(2) The net proceeds in any financial year of
any such duty or tax, except in so far as those proceeds represent proceeds
attributable to Union territories, shall not form part of the Consolidated Fund
of India, but shall be assigned to the States within which that duty or tax is
leviable in that year, and shall be distributed among those States in
accordance with such principles of distribution as may be formulated by
Parliament by law.
(3) Parliament may by law formulate principles for determining when a sale or purchase of [or consignment of] goods takes place in the course of inter-State or commerce.
270. Taxes levied and distributed between the Union and the States
270. Taxes levied and collected by the Union
and distributed between the Union and the States.�
(1) Taxes on income other than agricultural income shall be
levied and collected by the Government of India and distributed between the
Union and the States in the manner provided in clause (2).
(2) Such percentage, as may be prescribed3, of the net proceeds
in any financial year of any such tax, except in so far as those proceeds
represent proceeds attributable to Union territories or to taxes payable in
respect of Union emoluments, shall not form part of the Consolidated Fund of
India, but shall be assigned to the States within which that tax is leviable in
that year, and shall be distributed among those States in such manner and from
such time as may be prescribed.
(3) For the purposes of clause (2), in each financial year such
percentage as may be prescribed of so much of the net proceeds of taxes on
income as does not represent the net proceeds of taxes payable in respect of
Union emoluments shall be deemed to represent proceeds attributable to Union
territories.
(4) In this article�
(a) "taxes on income" does not
include a corporation tax;
(b) "prescribed" means�
(i) until a Finance Commission has been
constituted, prescribed by the President by order, and
(ii) after a Finance Commission has been
constituted, prescribed by the President by order after considering the
recommendations of the Finance Commission;
(c) "Union emoluments" includes all emoluments and pensions payable out of the Consolidated Fund of India in respect of which income-tax is chargeable.
271. Surcharge on certain duties and taxes for purposes of the Union
Notwithstanding anything in Articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part the Consolidated Fund of India.
272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States
Union duties of excise other than such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied and collected by the Government of India, but, if Parliament by law so provides, there shall be paid out of the Consolidated Fund of India to the States to which the law imposing the duty extends sums equivalent to the whole or any part of the net proceeds of that duty, and those sums shall be distributed among those States in accordance with such principles of distribution as may be formulated by such law.
273. Grants in lieu of export duty on jute and jute products
(1) There shall be charged on the Consolidated
Fund of India in each year as grants-in-aid of the revenues of the State of
Assam, Bihar, Orissa and West Bengal, in lieu of assignment of any share of the
net proceeds in each year of export duty on jute and jute products to those
States, such sums as may be prescribed.
(2)The sums so prescribed shall continue to be
charged on the Consolidated Fund of India so long as any export duty on jute or
jute products continues to be levied by the Government of India or until the
expiration of ten years from the commencement of this Constitution, whichever
is earlier.
(3)In this article, the expression "prescribed" has the same meaning as in Article 270.
274. Prior recommendation of President required to Bills affecting taxation in which States are interested
(1) No Bill or amendment which imposes or varies any tax which varies any tax or duty in which States are interested, or which varies the meaning of the expression "agricultural income" as defined for the purposes of the enactments relating to Indian income-tax, or which affects the principles on which under any of the foregoing distributable to State, or which imposes any surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House or Parliament except on the recommendation of the President. (2) In this article, the expression "tax or duty in which States are interested" means-
(a) a tax or duty the
whole or part of the net proceeds whereof are assigned to any State; or
(b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State.
275. Grants from the Union to certain States
(1) Such sums as Parliament may by law provide
shall be charged on the Consolidated Fund of India in each year as
grants-in-aid of the revenues of such States as Parliament may determine to be
in need of assistance, and different sums may be fixed for different States:
Provided that there shall be paid out of the
Consolidated Fund of India as grants-in-aid of the revenues of a State such
capital and recurring sums as may be necessary to enable that State to meet the
costs of such schemes of development as may be undertaken by the State with the
approval of the Scheduled Tribes in that State or raising the level of
administration of the Scheduled Areas therein to that of the administration of
the rest of the areas of that State:
Provided further that there shall be paid out of
the Consolidated Fund of India as grants-in-aid of the revenues of the State of
Assam sums, capital and recurring, equivalent to-
(a) the average excess of expenditure over the
revenues during the two years immediately proceeding the commencement of this
Constitution in respect of the administration of the tribal areas specified in
Part I of the table appended to paragraph 20 of the Sixth Schedule; and
(b) the costs of such schemes of development
as maw be undertaken by that State with the approval of the Government of India
for the purpose of raising the level of administration of the said areas to
that of the administration of the rest of the areas of that State.
(1-A) On and from the formation
of the autonomous State under Article 244-A,-
(i) any sums payable
under clause (a) of the second proviso to clause (1) shall, if the autonomous
State therein, be paid to the autonomous State, and, if the autonomous State
comprises only some of those tribal areas, be apportioned between the State of
Assam and the autonomous State as the President may, by order, specify;
(ii) there shall be
paid out of the Consolidated Fund of India as grants-in-aid of the revenues of
the autonomous State sums, capital and recurring, equivalent to the costs of
such schemes of development as may be undertaken by the autonomous State with
the approval of the Government of India for the purpose of raising the level of
administration of that State to that of the administration of the rest of the
State of Assam.
(2) Until provision is
made by Parliament under clause (1), the powers conferred on Parliament under
that clause shall be exercisable by the President by order and any order made
by the President under this clause shall have effect subject to any provision
so made by Parliament:
Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission.
276. Taxes on professions, trades, callings and employments
(1) Notwithstanding anything in Article 246,
no law of the Legislature of a State relating to taxes for the benefit of the
State or of a municipality, district board, local board or other local
authority therein in respect of professions, trades, callings or employments
shall be invalid on the ground that it relates to a tax on income.
(2) The total amount payable in respect of any
one person to the State or to any one municipality, district board, local board
or other local authority in the State byway of taxes on professions, trades,
callings and employments shall not exceed two hundred and fifty rupees per
annum:
Provided that if in the financial year
immediately preceding the commencement of this Constitution there was in force
in the case of any State or any such municipality, board or authority a tax on
professions, trades, callings or employments the rate, or the maximum rate, of
which exceed two hundred and fifty rupees per annum, such tax may continue to
be levied until provisions to the contrary is made by Parliament by law, and
any law so made by Parliament may be made either generally or in relation to
any specified States, municipalities, boards or authorities.
(3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments.
277. Savings
Any taxes, duties, cesses or fees which, immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.
278. [Repealed]
279. Calculation of "net proceeds", etc.
(1) In the foregoing provisions of this
Chapter, "net proceeds" means in relation to any tax or duty the
proceeds thereof reduced by the cost of collection, and for the purposes of
those provisions the net proceeds of any tax or duty, or of any part of any tax
or duty, in or attributable to any area shall be ascertained and certified by
the Comptroller and Auditor-General of India, whose certificate shall be final.
(2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters.
280. Finance Commission
(1) The President shall, within two years from
the commencement of this Constitution and thereafter at the expiration of every
fifth year or at such earlier time as the President considers necessary, by
order constitute a Finance Commission which shall consist of a Chairman and
four other members to be appointed by the President.
(2) It shall be the duty of the Commission to
make recommendations to the President as to-
(a) the distribution
between the Union and the States of the net proceeds of taxes which are to be,
or may be, divided between them under this Chapter and the allocation between
the States of the respective shares of such proceeds;
(b) the principles
which should govern the grants- in-aid of the revenues of the States out of the
Consolidated Fund of India;
(c) any other matter
referred to the Commission by the President in the interests of sound finance.
(4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them.
281. Recommendations of the Finance Commission
The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.
Miscellaneous Financial Provisions
282. Expenditure defrayable by the Union or a State out of its revenues
The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws.
283. Custody, etc. of Consolidated Funds, Contingency Funds and moneys credited to the public accounts
(1) The custody of the Consolidated Fund of
India and the Contingency Fund of India, the payment of moneys into such Funds,
the withdrawal of moneys there from, the custody of public moneys other than
those credited to such Funds received by or on behalf of the Government of
India, their payment into the public account of India and the withdrawal of moneys
from such account and all other matters connected with or ancillary to matters
aforesaid shall be regulated by law made by Parliament, and, until provision in
that behalf is so made, shall be regulated by rules made by the President.
(2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys there from, the custody of public moneys other than those credited to such Funds, received by or on behalf of the Government of the State, their payment into the public account of the State and withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor of the State.
284. Custody of suitors� deposits and other moneys received by public servants and courts
284.Custody of suitors� deposits and other
moneys received by public servants an courts.-
All moneys received by or deposited with -
(a) any officer employed in connection with
the affairs of the Union or of a State in his capacity as such, other than
revenues or public moneys raised or received by the Government of India or the
Government of the State, as the case may be, or
(b) any court within the territory of India to the credit of any cause, matter, account or persons, shall be paid into the public account of India or the public account of the State, as the case may be.
285. Exemption of property of the Union from State taxation
(1) The property of the Union shall, save in
so far as Parliament may by law otherwise provide, be exempt from all taxes
imposed by a State or by any authority within a State.
(2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State.
286. Restrictions as to imposition of tax on the sale or purchase of goods
(1) No law of a State shall impose, or
authorize the imposition of, a tax on the sale or purchase of goods where such
sale or purchase takes place-
(a) outside the State;
or
(b) in the course of
the import of the goods into, or export of the goods out of, the territory of
India.
(2) Parliament may by law formulate principles
for determining when a sale or purchase of goods takes place in any of the ways
mentioned in clause (1).
(3) Any law of a State shall, in so far as it
imposes, or authorizes the imposition of,-
(a) a tax on the sale
or purchase of goods declared by Parliament by law to be of special importance
in inter-State trade or commerce; or
(b) a tax on the sale
or purchase of goods, being a tax of the nature referred to in sub-clause (b),
sub-clause (c) or sub-clause (d) of clause 29-A of Article 366, be subject to
such restrictions and conditions in regard to the system of levy, rates and
other incidents of the tax as Parliament may by law specify.
287. Exemption from taxes on electricity
Save in so far as Parliament may by law
otherwise provide, no law of a State shall impose, or authorize the imposition
of, a tax on the consumption or sale of electricity (whether produced by a
Government or other persons) which is -
(a) consumed by the Government of India, or
sold to the Government of India for consumption by that Government; or
(b) consumed in the construction, maintenance or operation of any railway by the Government of India or a railway company operating that railway, or sold to that Government or any such railway company for consumption in the construction, maintenance or operation of any railway, and any such law imposing, or authorizing the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity.
288. Exemption from taxation by States in respect of water or electricity in certain cases
(1) Save in so far as the President may by
order otherwise provide, no law of a State in force immediately before the
commencement of this Constitution shall impose, or authorize the imposition of,
a tax in respect of any water or electricity stored, generated, consumed,
distributed or sold by any authority established by any existing law or any law
made by Parliament for regulating or developing any inter-State river or
river-valley.
Explanation.- The expression
"law of a State in force" in this clause shall include a law of a
State passed or made before the commencement of this Constitution and not
previously repealed, notwithstanding that it or parts of it may not be then in
operation either at all or in particular areas.
(2) The Legislature of a State may by law impose, or authorize the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order.
289. Exemption of property and income of a State from Union taxation
(1) The property and income of a State shall
be exempt from Union taxation.
(2) Nothing in clause (1) shall prevent the
Union from imposing, or authorizing the imposition of, any tax to such extent,
if any, as Parliament may by law provide in respect of a trade or business of
any kind carried on by, or on behalf of, the Government of a State, or any
operations connected therewith, or any property used or occupied for the
purposes of such trade or business, or any income accruing or arising in
connection therewith.
(3)Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of government.
290. Adjustment in respect of certain expenses and pensions
Where under the provisions of this
Constitution the expenses of any court or Commission, or the pension payable to
or in respect of a person who has served before the commencement in connection
with the affairs of the Union or of a State, are charged on the Consolidated
Fund of India or the Consolidated Fund of a State, then, if-
(a) in the case of a charge on the
Consolidated Fund of India, the court or Commission serves any of the separate
needs of a State, or the person has served wholly or in part in connection with
the affairs of a State; or
(b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India.
290A. Annual payment to certain Devaswom Funds
A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of the Consolidated Fund of the State of Tamil Nadu every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.
291. [Repealed]
Chapter II - Borrowing
292. Borrowing by the Government of India
The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.
293. Borrowing by States
(1) Subject to the provisions of this article,
the executive power of a State extends to borrowing within the territory of
India upon the security of the Consolidated Fund of the State within such
limits, if any, as may from time to time be fixed by the Legislature of such
State by law and to the giving of guarantees within such limits, if any, as may
be so fixed.
(2) The Government of India may, subject to
such conditions as may be laid down by or under any law made by Parliament,
make loans to any State or, so long as any limits fixed under Article292 are
not exceeded, give guarantees in respect of loans raised by any State, and any
sums required for the purpose of making such loans shall be charged on the
Consolidated Fund of India.
(3) A State may not without the consent of the
Government of India raise any loan if there is still outstanding any part of a
loan which has been made to the State by the Government of India or by its
predecessor Government, or in respect of which a guarantee has been given by
the Government of India or by its predecessor Government.
(4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of India may think fit to impose.
Chapter III - Property, Contracts, Rights, Liabilities, Obligations And Suits
294. Succession to property, assets, rights, liabilities and obligations in certain cases
from the commencement of this Constitution-
(a) all property and assets which immediately
before such commencement were vested in His Majesty for the purposes of the
Government of the Dominion of India and all property and assets which
immediately before such commencement were vested in His Majesty for the
purposes of the Government of each Governor�s Province shall vest respectively
in the Union and the corresponding State, and
(b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor�s Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State, subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, West Punjab and East Punjab.
295. Succession to property, assets, rights, liabilities and obligations in other cases
(1) As from the commencement of this
Constitution-
(a) all property and
assets which immediately before such commencement were vested in any Indian
State corresponding to a State specified in Part B of the First Schedule shall
vest in the Union, if the purposes for which such property and assets were held
immediately before such commencement will thereafter be purposes of the Union
relating to any of the matters enumerated in the Union List, and
(b) all rights,
liabilities and obligations of the Government of any Indian State corresponding
to a State specified in Part B of the First Schedule, whether arising out of
any contract or otherwise, shall be the rights, liabilities and obligations of
the Government of India, if the purposes for which such rights were acquired or
liabilities or obligations were incurred before such commencement will
thereafter be purposes of the Government of commencement will thereafter be
purposes of the Government of India relating to any of the matters enumerated
in the Union List, subject to any agreement entered into in that behalf by the
Government of India with the Government of that State.
(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1).
296. Property accruing by escheat or lapse or as bona vacantia
Subject as hereinafter provided any property
in the territory of India which, if this Constitution had not come into
operation, would have accrued to His Majesty or, as the case may be, to the
Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a
rightful owner, shall, if it is property situate in a State, vest in such
State, and shall, in any other case, vest in the Union:
Provided that any property which at the date
when it would have so accrued to His Majesty or to the Ruler of an Indian State
was in the possession or under the control of the Government of India or the
Government of a State shall, according as the purposes for which it was then
used or held were purposes of the Union or a State, vest in the Union or in
that State.
Explanation.- In the article, the expressions "Ruler" and "Indian State" have the same meanings as in Article 363.
297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union
(1) All lands, minerals and other things of
value underlying the ocean within the territorial waters, or the continental
shelf, or the exclusive economic zone, of India shall vest in the Union and be
held for the purposes of the Union.
(2) All other resources of the exclusive
economic zone of India shall also vest in the Union and be held for the
purposes of the Union.
(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.
298. Power to carry on trade, etc.
The executive power of the Union and of each
State shall extend to the carrying on of any trade or business and to the
acquisition, holding and disposal of property and the making of contracts for
any purpose:
Provided that �
(a) the said executive power of the Union
shall, in so far as such trade or business or such purpose is not one with
respect to which Parliament may make laws, be subject in each State to
legislation by the State; and
(b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.
299. Contracts
(1) All contracts made in the exercise of the
executive power of the Union or of a State shall be expressed to be made by the
President, or by the Governor of the State, as the case may be, and all such
contracts and all assurances of property made in the exercise of that power
shall be executed on behalf of the President or the Governor by such persons
and in such manner as he may direct or authorize.
(2) Neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.
300. Suits and proceedings
(1) The Governor of India may sue or be sued
by the name of the Union and the Government of a State may sue or be sued by
the name of the State and may, subject to any provisions which may be made by
Act of Parliament or of the Legislature of such State enacted by virtue of
powers conferred by this Constitution, sue or be sued in relation to their
respective affairs in the like cases as the Dominion of India and the
corresponding Provinces or the corresponding Indian States might have sued or
been sued if this Constitution had not been enacted.
(2) If at the commencement of this
Constitution-
(a) any legal
proceedings are pending to which the Dominion of India is a party, the Union of
India shall be deemed to be substituted for the Dominion in those proceedings;
and
(b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings.
Chapter IV - Right To Property
300A. Persons not to be deprived of property save by authority of law
No person shall be deprived of his property save by authority of law.
-
301. Freedom of trade, commerce and intercourse
Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.
302. Power of Parliament to impose restrictions on trade, commerce and intercourse
Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.
303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce
(1) Notwithstanding anything in Article 302,
neither Parliament nor the Legislature of a State shall have power to make any
law giving, or authorizing the giving of, any preference to one State over
another, or making, or authorizing the making of, any discrimination between
one State and another, by virtue of any entry relating to trade and commerce in
any of the Lists in the Seventh Schedule.
(2) Nothing in clause (1) shall prevent
Parliament from making any law giving, or authorizing the giving of, any
preference or making, or authorizing the making of, any discrimination if it is
declared by such law that it is necessary to do so for the purpose of dealing
with a situation arising from scarcity of goods in any part of the territory of
India.
304. Restrictions on trade, commerce and intercourse among States Regulation and Prohibition must be distinguished from each other
304.Restrictions on trade, commerce and
intercourse among States.-
Notwithstanding anything in Article 301 or
Article 303, the Legislature of a State may by law -
(a) impose on goods imported from other States
or the Union territories any tax to which similar goods manufactured or
produced in that State are subject, so, however, as not to discriminate between
goods so imported and goods so manufactured or produced; and
(b) impose such reasonable restrictions on the
freedom of trade, commerce or intercourse with or within that State as may be
required in the public interest:
Provided that no Bill or amendment for the purposes of clause shall be introduced or moved in the Legislature of a State without the previous sanction of the President.
305. Saving of existing laws and laws providing for State monopolies
Nothing in Articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may be order otherwise direct; and nothing in Article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of Article 19.
306. [Repealed]
307. Appointment of authority for carrying out the purposes of articles 301 to 304
Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of Articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.
Chapter I - Services
308. Interpretation
In this Part, unless the context otherwise requires, the expression "State" does not include the State of Jammu and Kashmir.
309. Recruitment and conditions of service of persons serving the Union or a State
Subject to the provisions of this
Constitution, Acts of the appropriate Legislature may regulate the recruitment,
and conditions of service of persons appointed, to public services and posts in
connection with the affairs of the Union or of any State:
Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.
310. Tenure of office of persons serving the Union or a State
(1) Except as expressly provided by this Constitution,
every person who is a member of a defense service or of a civil service of the
Union or of an all-India service or holds any post connected with defense or
any civil post under the Union, holds office during the pleasure of the
President, and every person who is a member of a civil service of a State or
holds any civil post under a State holds office during the pleasure of the
Governor of the State.
(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor of the State, any contract under which a person, not being a member of a defense service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period, that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(1) No person who is a member of a civil
service of the Union or an all-India service or a civil service of a State or
holds a civil post under the Union or a State shall be dismissed or removed by
a authority subordinate to that by which he was appointed.
(2) No such person as aforesaid shall be
dismissed or removed or reduced in rank except after an inquiry in which he has
been informed of the charges against him and given a reasonable opportunity of
being heard in respect of those charges.
Provided that where it is proposed after such
inquiry, to impose upon him any such penalty, such penalty may be imposed on
the basis of the evidence adduced during such inquiry and it shall not be
necessary to give such person any opportunity of making representation on the
penalty proposed:
Provided further that this clause shall not
apply-
(a) where a person is dismissed or removed or
reduced in rank on the ground of conduct which has led to his conviction on a
criminal charge; or
(b) where the authority empowered to dismiss
or remove a person or to reduce him in rank ins satisfied that for some reason,
to be recorded by that authority in writing, it is not reasonably practicable
to hold such inquiry; or
(c) where the President or the Governor, as
the case may be, is satisfied that in the interest of the security of the
State, it is not expedient to hold such inquiry.
(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.
312. All-India Services
(1) Notwithstanding anything in Chapter VI of
Part VI or Part XI, if the Council of States has declared by resolution
supported by not less than two-thirds of the members present and voting that it
is necessary or expedient in the national interest so to do, Parliament may by
law provide for the creation of one or more all-India services (including an
all-India judicial service) common to the Union and the States, and, subject to
the other provisions of this Chapter, regulate the recruitment, and the
conditions of service of persons appointed, to any such service.
(2) The services known at the commencement of
this Constitution as the Indian Administrative Service and the Indian Police
Service shall be deemed to be services created by Parliament under this
article.
(3) The all-India judicial service referred to
in clause (1) shall not include any post inferior to that of a district judge
as defined in article 236.
(4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.
312A. Power of Parliament to vary or revoke conditions of service of officers of certain services
(1) Parliament may by law-
(a) vary or revoke,
whether prospectively or retrospectively, the conditions of service as respects
remuneration, leave and pension and the rights as respects disciplinary matters
of persons who, having been appointed by the Secretary of State or Secretary of
State in Council to a civil service of the Crown in India before the
commencement of this Constitution, continue on and after the commencement of the
Constitution (Twenty-eight Amendment) Act, 1972, to serve under the Government
of India or of a State in any service or post;
(b) vary or revoke,
whether prospectively or retrospectively, the conditions of service as respects
pension of persons who, having been appointed b the Secretary of State or
Secretary of State in Council to a civil service of the Crown in India before
the commencement of this Constitution, retired or otherwise ceased to be in
service at any time before the commencement of the Constitution (Twenty-eight
Amendment) Act, 1972:
Provided that in the case of
any such person who is holding or has held the office of the Chief Justice or
other Judge of the Supreme Court or a High Court, the Comptroller and
Auditor-General of India, the Chairman or other members of the Union or a State
Public Service Commission or the Chief Election Commissioner, nothing in
sub-clause (a) or sub-clause (b) shall be construed as empowering Parliament to
vary or revoke, after his appointment to such post, the condition of his
service to his disadvantage except in so far as such conditions of his service
to his disadvantage except in so far as such condition of service are
applicable to him by reason of his being a person appointed by the Secretary of
State or Secretary of State in Council to a civil service of the Crown in
India.
(2) Except to the extent provided for by
Parliament by law under this article, nothing in this article shall affect the
power of any legislature or other authority under any other provision of this
Constitution to regulate the conditions of service of persons referred to in
clause (1).
(3) Neither the Supreme Court nor any other
court shall have jurisdiction in-
(a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into or executed by any person referred to in clause (1), or arising out of any letter issued to such person, in relation to his appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof; any dispute in respect of any right, liability or obligation under Article 314 as originally enacted. The provisions of the article shall have effect notwithstanding anything in Article 314 as originally enacted or in any other provision of this Constitution.
313. Transitional provisions
Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution.
314. [Repealed]
Chapter II - Public Service Commission
315. Public Service Commissions for the Union and for the States
(1) Subject to the provisions of this article,
there shall be a Public Service Commission for the Union and a Public Service
Commission for each State.
(2) Two or more States may agree that there
shall be one Public Service Commission for that group of States, and if a
resolution to that effect is passed by the House or, where there are two
Houses, by each House of the Legislature of each of those States, Parliament
may by law provide for the appointment of a Joint State Public Service
Commission (referred to in this Chapter as Joint Commission) to serve the needs
of those States.
(3) Any such law as aforesaid may contain such
incidental and consequential provisions as may be necessary or desirable for
giving effect to the purposes of the law.
(4) The Public Service Commission for the
Union, if requested so to do by the Governor of a State, may, with the approval
of the President, agree to serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.
316. Appointment and term of office of members
(1) The Chairman and other members of a Public
Service Commission shall be appointed, in the case of the Union Commission or a
Joint Commission, by the President, and in the case of a State Commission, by
the Governor of the State:
Provided that as nearly as may be one-half of
the members of every Public Service Commission shall be persons who at the
dates of their respective appointments have held office for at least ten years
either under the Government of India or under the Government of a State, and in
computing the said period of ten years any period before the commencement of
this Constitution during which a person has held office under the Crown in
India or under the Government of an Indian State shall be included.
(1-A). If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some persons appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State in the case of a State Commission, may appoint for the purpose.
(2) A member of a Public Service Commission shall
hold office for a term of six years from the date on which he enters upon his
office or until he attains, in the case of the Union Commission, the age of
sixty-five years, and in the case of a State Commission or a Joint Commission,
the age of sixty-two years, whichever is earlier:
Provided that -
(a) a member of a Public Service Commission
may, by writing under his hand addressed, in the case of the Union Commission
or a Joint Commission, to the President, and in the case of a State Commission,
to the Governor of the State, resign his office;
(b) a member of a Public Service Commission
may be removed from his office in the manner provided in clause (1) or clause
(3) of Article 317.
(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.
317. Removal and suspension of a member of a Public Service Commission
(1) Subject to the provisions of clause (3),
the Chairman or any other member of a Public Service Commission shall only be
removed from his office by order of the President on the ground of misbehavior
after the Supreme Court, on reference being made to it by the President, has,
on inquiry held in accordance with the procedure prescribed in that behalf
under Article 145, reported that the Chairman or such other member, as the case
may be, ought on any such ground to be removed.
(2) The President, in the case of the Union
Commission or a Joint Commission, and the Governor in the case of a State
Commission, may suspend from office the Chairman or any other member of the
Commission in respect of whom a reference has been made to the Supreme Court
under clause (1) until the President has passed orders on receipt of the report
of the Supreme Court on such reference.
(3) Notwithstanding anything in clause (1),
the President may by order remove from office the Chairman or any other member
of a Public Service Commission if the Chairman or such other member, as the case
may be,-
(a) is adjudged an
insolvent; or
(b) engages during his
term of office in any paid employment outside the duties of his office; or
(c) is, in the opinion
of the President, unfit to continue in office by reason of infirmity of mind or
body.
(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehavior.
318. Power to make regulations as to conditions of service of members and staff of the Commission
In the case of the Union Commission or a Joint
Commission, the President and, in the case of a State Commission, the Governor
of the State may by regulations-
(a) determine the, number of members of the
Commission and their conditions of service; and
(b) make provision with respect to the number
of members of the staff of the commission and their conditions of service:
Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members
On ceasing to hold office-
(a) the Chairman of the Union Public Service
Commission shall be ineligible for further employment either under the
Government of India or under the Government of a State;
(b) the Chairman of a State Public Service
Commission shall be eligible for appointment as the Chairman or any other
member of the Union Public Service Commission or as the Chairman of any other
State Public Service Commission, but not for any other employment either under
the Government of India or under the Government of a State;
(c) a member other than the Chairman of the
Union Public Service Commission shall be eligible for appointment as the
Chairman of the Union Public Service commission or as the Chairman of a State
Public Service Commission, but not for any other employment either under the
Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.
320. Functions of Public Service Commissions
3(1) It shall be the duty of the Union and the
State Public Service Commission to conduct examinations for appointments to the
services of the Union and the services of the State respectively.
(2) It shall also be the duty of the Union
Public Service Commission, if requested by any two or more State so to
do, to assist those States in framing and
operating schemes of joint recruitment for any services for which candidates
possessing special qualifications are required.
(3) The Union Public Service Commission or the
State Public Service Commission, as the case may be, shall be consulted-
(a) on all matters
relating to methods of recruitment to civil services and for civil posts;
(b) on the principles
to be followed in making appointments to civil services and posts and in making
promotions and transfers from one service to another and on the suitability of
candidates for such appointments, promotions or transfers;
(c) on all
disciplinary matters affecting a person serving under the Government of India
or the Government of a State in a civil capacity, including memorials or
petitions relating to such matters;
(d) on any claim by or
in respect of a person who is serving or has served under the Government of India
or the Government of a State or under the Crown in India or under the
Government of an Indian State, in a civil capacity, that any costs incurred by
him in defending legal proceedings instituted against him in respect of acts
done or purporting to be done in the execution of his duty should be paid out
of the Consolidated Fund of India, or, as the case may be, out of the
Consolidated Fund of the State;
(e) on any claim for
the award of a pension in respect of injuries sustained by a person while serving
under the Government of India or the Government of a State or under the Crown
in India or under the Government of an Indian State, in a civil capacity, and
any question as to the amount of any such award, and it shall be the duty of a
Public Service Commission to advice on any matter so referred to them and on
any other matter which the President, or, as the case may be, the Governor, of
the State, may refer to them:
Provided that the President as
respects the all-India services and also as respects other services and posts
in connection with the affairs of the Union, and the Governor, as respects
other services and posts in connection with the affairs of a State, may make
regulations specifying the matters in which either generally, or in any particular
class of case or in any particular circumstances, it shall not be necessary for
a Public Service Commission to be consulted.
(4) Nothing in clause (3) shall require a
Public Service Commission to be consulted as respects the manner in which any
provision referred to in clause (4) of Article 16 may be made or as respects
the manner in which effect maybe given to the provisions of Article 335.
(5) All regulations made under the proviso to clause (3) by the President or the Governor of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses of the Legislature of the State may make during the session in which they are so laid.
321. Power to extend functions of Public Service Commissions
An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union of the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.
322. Expenses of Public Service Commission
The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.
323. Reports of Public Service Commissions
(1) It shall be the duty of the Union
Commission to present annually to the President a report as to the work done by
the Commission and on receipt of such report the President shall cause a copy
thereof together with a memorandum explaining, as respects the cases, if any,
where the advice of the Commission was not accepted, the reason for such
non-acceptance to be laid before each House of Parliament.
(2) It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.
-
323A. Administrative tribunals
Parliament may, by law, provide for the
adjudication or trial by administrative tribunals of disputes and complaints with
respect to recruitment and conditions of service of persons appointed to public
services and posts in connection with the affairs of the Union or of any State
or of any local or other authority within the territory of India or under the
control of the Government of India or of any corporation owned or controlled by
the Government.
(2) A law made under clause (1) may-
(a) provide for the
establishment of an administrative tribunal for the Union and a separate
administrative tribunal for each State or for two or more States;
(b) specify the
jurisdiction, powers (including the power to punish for contempt) and authority
which may be exercised by each of the said tribunals;
(c) provide for the
procedure (including provisions as to limitation and rules of evidence) to be
followed by the said tribunals;
(d) exclude the
jurisdiction of all courts, except the jurisdiction of the Supreme Court under
Article 136, with respect to the disputes or complaints referred to in clause
(1);
(e) provide for the
transfer to each such administrative tribunal of any cases pending before any
court or other authority immediately before the establishment of such tribunal
as would have been within the jurisdiction of such tribunal if the cause of
action on which such suits or proceedings are based had arisen after such
establishment;
(f) repeal or amend
any order made by the President under clause (3) of Article 371D;
(g) contain such
supplemental, incidental and consequential provisions (including provisions as
to fees) as Parliament may deem necessary for the effective functioning of, and
for the speedy disposal of cases by, and the enforcement of the orders of, such
tribunals.
(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
323B. Tribunals for other matters
(1) The appropriate Legislature may, by law,
provide for the adjudication or trial by tribunals of any disputes, complaints,
or offences with respect to all or any of the matters specified in clause (2)
with respect to which such Legislature has power to make laws.
(2) The matters referred to in clause (1) are
the following, namely:-
(a) levy, assessment, collection
and enforcement of any tax;
(b) foreign exchange,
import and export across customs frontiers;
(c) industrial and
labor disputes;
(d) land reforms by
way of acquisition by the State of any estate as defined in Article 31A or of
any rights therein or the extinguishment or modification of any such rights or
by way of ceiling on agricultural land or in any other way;
(e) ceiling on urban
property;
(f) elections to
either House of Parliament or the House or either House of the Legislature of a
State, but excluding the matters referred to in Article 329 and Article 329A;
(g) production,
procurement, supply and distribution of foodstuffs (including edible oilseeds
and oils) and such other goods as the President may, by public notification,
declare to be essential goods for the purpose of this article and control of
prices of such goods;
(h) offences against
laws with respect to any of the matters specified in sub-clause (a) to (g) and
fees in respect of any of those matters;
(i) any matter
incidental to any of the matters specified in sub-clause (a) to (h).
(3) A law made under clause (1) may-
(a) provide for the
establishment of a hierarchy of tribunals;
(b) specify the
jurisdiction, powers (including the power to punish for contempt) and authority
which may be exercised by each of the said tribunals;
(c) provide for the
procedure (including provisions as to limitation and rules of evidence) to be
followed by the said tribunals;
(d) exclude the
jurisdiction of all courts except the jurisdiction of the Supreme Court under
Article 136 with respect to all or any of the matters falling within the
jurisdiction of the said tribunals;
(e) provide for the transfer
to each such tribunal of any cases pending before any court or any other
authority immediately before the establishment of such tribunal as would have
been within the jurisdiction of such tribunal if the causes of action on which
such suits or proceedings are based had arisen after such establishment;
(f) contain such
supplemental, incidental and consequential provisions (including provisions as
to fees) as the appropriate Legislature may deem necessary for the effective
functioning of, and for the speedy disposal of cases by, and the enforcement of
the orders of, such tribunals.
(4) The provisions of this article shall have
effect notwithstanding anything in any other provision of this Constitution or
in any other law for the time being in force.
Explanation.- In this article, "appropriate Legislature", in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to make laws with respect to such matter in accordance with the provisions of Part XI.
324. Superintendence, direction and control of elections to be vested in an Election Commission
(1) The superintendence, direction and control
of the preparation of the electoral rolls for, and the conduct of, all
elections to Parliament and to the Legislature of every State and of elections
to the offices of President and Vice-President held under this Constitution
shall be vested in a Commission (referred to in this Constitution as the
Election Commission).
(2) The Election Commission shall consist of
the Chief Election Commissioner and such number of other Election
Commissioners, if any, as the President may from time to time fix and the
appointment of the Chief Election Commissioner and other Election Commissioners
shall, subject to the provisions of any law made in that behalf by Parliament,
be made by the President.
(3) When any other Election Commissioner is so
appointed the Chief Election Commissioner shall act as the Chairman of the
Election Commission.
(4) Before each general election to the House
of the People and to the Legislative Assembly of each State, and before the
first general election and thereafter before each biennial election to the
Legislative Council of each State having such Council, the President may also
appoint after consultation with the Election Commission such Regional
Commissioners as he may consider necessary to assist the Election Commission in
the performance of the functions conferred on the Commission by clause (1).
(5) Subject to the provisions of any law made
by Parliament, the conditions of service and tenure of office of the Election
Commissioners and the Regional Commissioners shall be such as the President may
by rule determine;
Provided that the Chief Election Commissioner
shall not be removed from his office except in like manner and on the like
grounds as a Judge of the Supreme Court and the conditions of service of the
Chief Election Commissioner shall not be varied to his disadvantage after his
appointment:
Provided further that any other Election
Commissioner or a Regional Commissioner shall not be removed from office except
on the recommendation of the Chief Election Commissioner.
(6) The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).
325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex
There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.
326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage
The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; but is to say, every person who is a citizen of India and who is not less than twenty-one years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
327. Power of Parliament to make provision with respect to elections to Legislatures
Subject to the provisions of this constitution, Parliament may from time to time by law made provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.
328. Power of Legislature of a State to make provision with respect to elections to such Legislature
Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time bylaw make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.
329. Bar to interference by courts in electoral matters
Notwithstanding anything in this Constitution-
(a) the validity of any law relating to the
delimitation of constituencies or the allotment of seats to such
constituencies, made or purporting to be made under Article 327 or Article 328,
shall not be called in question in any court;
(b) No election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.
329A. [Repealed]
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People
(1) Seats shall be reserved in the House of the
People for-
(a) the Scheduled
Castes;
(b) the Scheduled
Tribes except the Scheduled Tribes in the autonomous districts of Assam; and
(c) the Scheduled
Tribes in the autonomous districts of Assam.
(2) The number of seats reserved in any State
[or Union territory] for the Scheduled Castes or the Scheduled Tribes under
clause (1) shall bear, as nearly as may be, the same proportion to the total
number of seats allotted to that State [or Union territory] in the House of the
People as the population of the Scheduled Castes in the State [or Union
territory] or of the Scheduled Tribes in the State [or Union territory] or part
of the State [or Union territory], as the case may be, in respect of which
seats are so reserved, bears to the total population of the State [or Union
territory].
(3) Notwithstanding anything contained in
clause (2), the number of seats reserved in the House of the People for the
Scheduled Tribes in the autonomous districts of Assam shall bear to the total
number of seats allotted to that State a proportion not less than the
population of the Scheduled Tribes in the said autonomous districts bears to
the total population of the State.
Explanation.- In this article 332,
the expression "population" means the population as ascertained at
the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.
331. Representation of the Anglo-Indian community in the House of the People
331.Representation of the Anglo-Indian
community in the Hose of the People.-
Notwithstanding anything in Article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the people, nominate not more than two members of that community to the House of the People.
332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States
(1) Seats shall be reserved for the Scheduled
Castes and the Scheduled Tribes, [except the Scheduled Tribes in the tribal
areas of Assam, in Nagaland and in Meghalaya], in the Legislative Assembly of every
State.
(2) Seats shall be reserved also for the
autonomous districts in the Legislative Assembly of the State of Assam.
(3) The number of seats reserved for the
Scheduled Castes or the Scheduled Tribes in the Legislative Assembly nearly as
may be, the same proportion to the �total number of seats in the Assembly as
the population of the Scheduled Castes in the State or of the Scheduled Tribes
in the State or part of the State, as the case may be, in respect of which
seats are so reserved bears to the total population of the State.
(4) The number of seats reserved for an
autonomous district in the legislative Assembly of the State of Assam shall
bear to the total number of seats in that Assembly a proportion not less than
the population of the district bears to the total population of the State.
(5) The constituencies for the seats reserved
for any autonomous district of Assam shall not comprise any area outside that
district.
(6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district.
333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States
Notwithstanding anything in Article 170, the Governor of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, [nominate one member of that community to the Assembly].
334. Reservation of seats and special representation to cease after fifty years
334.Reservation of seats and special
representation to cease after forty years.-
Notwithstanding anything in the foregoing
provisions of this Part, the provisions of Constitution relating to -
(a) the reservation of seats for the Scheduled
Castes and the Scheduled Tribes in the House of the People and in the
Legislative Assemblies of the States; and
(b) the representation of the Anglo-Indian
community in the House of the People and in the Legislative Assemblies of the
States by nomination, shall cease to have effect on the expiration of a period
of [forty years] from the commencement of this Constitution:
Provided that nothing in this article shall affect any representation in the House of the People or in the legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts
The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
336. Special provision for Anglo-Indian community in certain services
(1) During the first two years after the
commencement of this Constitution, appointments of members of the Anglo-Indian
community to posts in the railway, customs, postal and telegraph services of
the Union shall be made on the same basis as immediately before the fifteenth
day of August, 1947.
During every succeeding period of two years,
the number of posts reserved for the members of the said community in the said
services shall, as nearly as possible, be less by ten per cent than the numbers
so reserved during the immediately preceding period of two years:
Provided that at the end of ten years from the
commencement of this Constitution all such reservations shall cease.
(2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities.
337. Special provision with respect to educational grants for the benefit of Anglo-Indian community
During the first three financial years after
the commencement of this Constitution, the same grants, if any, shall be made
by the Union and by each State for the benefit of the Anglo-Indian community in
respect of education as were made in the financial year ending on the
thirty-first day of March, 1948.
During every succeeding period of three years
the grants may be less by ten per cent than those for the immediately preceding
period of three years:
Provided that at the end of ten years from the
commencement of this Constitution such grants, to the extent to which they are
a special concession to the Anglo-Indian community, shall cease:
Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent of annual admissions therein are made available to members of communities other than the Anglo-Indian community.
338. Special Officer for Scheduled Castes and Scheduled Tribes, etc.
338.Special Officer for Scheduled Castes,
Scheduled Tribes etc.-
(1) There shall be a Special Officer for the
Scheduled Castes and Scheduled Tribes to be appointed by the President.
(2) It shall be the duty of the Special
Officer to investigate all matters relating to the safeguards provided for the
Scheduled Castes and Scheduled Tribes under this Constitution and report to the
President upon the working of those safeguards at such intervals as the
President may direct, and the President shall cause all such reports to be laid
before each House of Parliament.
(3) In this article references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of Article 340, by order specify and also to the Anglo-Indian community.
339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes
(1) The President may at any time and shall,
at the expiration of ten years from the commencement of this Constitution by
order appoint a Commission to report on the administration of the Scheduled Areas
and the welfare of this Scheduled Tribes in the States. The order may define
the composition, powers and procedure of the Commission and may contain such
incidental or ancillary provisions as the President may consider necessary or
desirable.
(2) The executive power of the Union shall extend to the giving of directions to a State as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.
340. Appointment of a Commission to investigate the conditions of backward classes
(1) The President may by order appoint a
Commission consisting of such persons as he thinks fit to investigate the
conditions of socially and educationally backward classes within the territory of
India and the difficulties under which they labor and to make recommendations
as to the steps that should be taken by the Union or any State to remove such
difficulties and to improve their condition and as to the grants that should be
made for the purpose by the Union or any State the conditions subject to which
such grants should be made, and the order appointing such Commission shall
define the procedure to be followed by the Commission.
(2) A Commission so appointed shall
investigate the matters referred to them and present to the President a report
setting out the facts as found by them and making such recommendations as they
think proper.
(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.
341. Scheduled Castes
(1) The President may with respect to any
State [or Union territory], and where it is a State after consultation with the
Governor thereof, by public notification, specify the castes, races or tribes
or parts of or groups within castes, races or tribes which shall for the
purposes of this Constitution be deemed to be Scheduled Castes in relation to
that State [or Union territory, as the case may be].
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
342. Scheduled Tribes
(1) The President may with respect to any
State [or Union territory], and where it is a State, after consultation with
the Governor thereof, by public notification, specify the tribes or tribal
communities or parts of or groups within tribes or tribal communities which
shall for the purposes of this Constitution be deemed to be Scheduled Tribes in
relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
Chapter I - Language Of The Union
343. Official language of the Union
(1) The official language of the Union shall be
Hindi in Devanagari script. The form of numerals to be used for the official
purposes of the Union shall be the international form of Indian
numerals.
(2) Notwithstanding anything in clause (1),
for a period of fifteen years from the commencement of this Constitution, the
English language shall continue to be used for all the official purposes of the
Union for which it was being used immediately before such commencement:
Provided that the president may, during the said
period, by order authorize the use of the Hindi language in addition to the
English language and of the Devanagari form of numerals in addition to the
international form of Indian numerals for any of the official purposes of the
Union.
(3) Notwithstanding anything in this article,
Parliament may by law provide for the use, after the said period of fifteen
years, of-
(a) the English
language, or
(b) the Devanagari form of numerals, for such purposes as may be specified in the law.
344. Commission and Committee of Parliament on official language
(1) The President shall, at the expiration of
five years from the commencement of this Constitution and thereafter at the
expiration of ten years from such commencement, by order constitute a
Commission which shall consist of a Chairman and such other members
representing the different languages specified in the English Schedule as the
President may appoint, and the order shall define the procedure to be followed
by the Commission.
(2) It shall be the duty of the Commission to
make recommendations to the President as to-
(a) the progressive
use of the Hindi language for the official purposes of the Union;
(b) restrictions on
the use of the English language for all or any of the official purposes of the
Union;
(c) language to be
used for all or any of the purposes mentioned in Article 348;
(d) the form of
numerals to be used for any one or more specified purposes of the Union;
(e) any other matter referred
to the Commission by the President as regards the official language of the
Union and the language for communication between the Union and a State or
between one State and another and their use.
(3) In making their recommendations under
clause (2), the Commission shall have due regard to the industrial, cultural
and scientific advancement of India, and the jut claims and the interests of
persons belonging to the non-Hindi speaking areas in regard to the public
services.
(4) There shall be constituted a Committee
consisting of thirty members, of whom twenty shall be members of the House of
the People and ten shall be members of the Council of States to be elected
respectively by the members of the House of the People and the members of the
council of States in accordance with the system of proportional representation
by means of the single transferable vote.
(5) It shall be the duty of the Committee to
examine the recommendations of the Commission constituted under clause (1) and
to report to the President their opinion thereon.
(6) Notwithstanding anything in Article 343, the President may, after consideration of the report referred to in clause (5), issue directions in accordance with the whole or any part of that report.
Chapter II - Regional Languages
345. Official language or languages of a State
Subject to the provisions of Article 346 and
347, the Legislature of a State may by law adopt any one or more of the
languages in use in the State or Hindi as the language or languages to be used
for all or any of the official purposes of that State:
Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.
346. Official language for communication between one State and another or between a State and the Union
The language for the time being authorized for
use in the Union for official purposes shall be the official language for
communication between one State and another State and between a State and the
Union:
Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.
347. Special provision relating to language spoken by a section of the population of a State
On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognized throughout that State or any part thereof for such purpose as he may specify.
Chapter III - Language Of The Supreme Court, High Courts, Etc
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
(1) Notwithstanding anything in the foregoing
provisions of this Part, until Parliament by law otherwise provides-
(a) all proceedings in
the Supreme Court and in every High Court,
(b) the authoritative
texts-
(i) of all Bills to be
introduced or amendments thereto to be moved in either House of Parliament or
in the House or either House of the Legislature of a State,
(ii) of all Acts
passed by Parliament or the Legislature of a State and of all Ordinances
promulgated by the President or the Governor of a State, and
(iii) of all orders,
rules, regulations and bye- laws issued under this Constitution or under any
law made by Parliament or the Legislature of a State, shall be in the English
language.
(2) Notwithstanding anything in sub-clause (a)
of clause (1), the Governor of a State may, with the previous consent of the
President, authorize the use of the Hindi language, or any other language used
for any official purposes of the State, in proceedings in the High Court having
its principal seat in that State:
Provided that nothing in this clause shall apply
to any judgment, decree or order passed or made by such High Court.
(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.
349. Special procedure for enactment of certain laws relating to language
During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of Article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause (1) of Article 344 and the report of the Committee constituted under clause (4) of that article.
Chapter IV - Special Directives
350. Language to be used in representations for redress of grievances
Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.
350A. Facilities for instruction in mother-tongue at primary stage
It shall be the endeavor of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.
350B. Special Officer for linguistic minorities
(1) There shall be a Special Officer for
linguistic minorities to be appointed by the President.
(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the president may direct, and the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.
351. Directive for development of the Hindi language
It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.
-
352. Proclamation of Emergency
(1) If the President is satisfied that a grave
emergency exists whereby the security of India or of any part of the territory
thereof is threatened, whether by war or external aggression or armed
rebellion, he may, by Proclamation, made a declaration to that effect [in
respect of the whole of India or of such part of the territory thereof as may
be specified in the Proclamation].
[Explanation.- A Proclamation of
Emergency declaring that the security of India or any part of the territory
thereof is threatened by war or by external aggression or by armed rebellion may
be made before the actual occurrence of war or of any such aggression or
rebellion, if the President is satisfied that there is imminent danger
thereof.]
(2) A Proclamation issued under clause (I) may
be or revoked by a subsequent proclamation.
(3) The President shall not issue a
Proclamation under clause (I) or a Proclamation varying such Proclamation
unless the decision of the Union Cabinet (that is to say, the Council
consisting of the Prime Minister and other Ministers of Cabinet rank under Article
75) that such a Proclamation may be issued has been communicated to him in
writing.
(4) Every Proclamation issued under this
article shall be laid before each House of Parliament and shall, except where
it is a Proclamation revoking a previous Proclamation, cease to operate at the
expiration of one month unless before the expiration of that period it has been
approved by resolutions of both Houses of Parliament.
Provided that if any such Proclamation (not
being a Proclamation revoking a previous Proclamation) is issued at a time when
the House of the People has been dissolved, or place during the period of one
month referred to in this clause, and if a resolution approving the
Proclamation has been passed by the Council of States, but no resolution with
respect to such Proclamation has been passed by the House of the People before
the expiration of that period, the Proclamation shall cease to operate at the
expiration of thirty days from the date on which the House of the People first
sits after its reconstitution, unless before the expiration of the said period
of thirty days a resolution approving the Proclamation has been also passed by
the House of the People.
(5) A Proclamation so approved shall, unless
revoked, cease to operate on the expiration of a period of six months from the
date of the passing of the second of the resolutions approving the proclamation
under clause (4);
Provided that if and so often as a resolution
approving the continuance in force of such a Proclamation is passed by both
Houses of Parliament the Proclamation shall, unless revoked, continue in force
for a further period of six months from the date on which it would otherwise
have ceased of operate under this clause.
Provided further that if the dissolution of the
House of the People takes place during any such period of six months an a
resolution approving the continuance in force of such Proclamation has been
passed by the House of the People during the said period, the Proclamation
shall cease to operate at the expiration of thirty days from the date on which
the House of the People first sits after its reconstitution unless before the
expiration of the said period of thirty days, a resolution approving the
continuance in force of the proclamation has been also passed by the House of
the People.
(6) For the purpose of clause (4) and (5), a
resolution may be passed by either House of Parliament only 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.
(7) Notwithstanding anything contained in the
foregoing clauses, the President shall revoke a Proclamation issued under
clause (l) or a Proclamation varying such Proclamation if the House of the
People passes a resolution disapproving, or, as the case may be, disapproving
the continuance in force of, such Proclamation.
(8) Where a notice in writing signed by not
less than one-tenth of the total number of members of the House of the People
has been given of, their intention to move a resolution for disapproving, or,
as the case may be, for disapproving the continuance in force of, a
Proclamation issued under clause (l) or a Proclamation varying such
Proclamation,-
(a) to the Speaker, if
the House is in session; or
(b) to the President,
if the House is not in session, a special sitting of the House shall be held
within fourteen days from the date on which such notice is received by the
Speaker, or as the case may be, by
the President, for the
purpose of considering such resolution.
(9) The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or [armed rebellion] or imminent danger of war or external aggression or [armed rebellion], whether or not �here is a Proclamation already issued by the President under clause (l) and such Proclamation is in operation.
353. Effect of Proclamation of Emergency
While a Proclamation of Emergency is in
operation, then-
(a) notwithstanding anything in this
Constitution, 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) the power of Parliament to make laws with
respect to any matter shall include power to make laws conferring powers and
imposing duties, or authorizing the conferring of powers and the imposition of
duties, upon the Union or officers and authorities of the Union as respects
that matter, notwithstanding that t is one which is not enumerated in the Union
List;
Provided that where a Proclamation of Emergency
is in operation only in any part of the territory of India,-
(i) the executive power of the Union to give
directions under clause (a), and
(ii) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.
354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation
(l) The President may, while a Proclamation of
Emergency is in operation, by order direct that all +or any of the provisions
of Articles 268 to 279 shall for such period, not extending in any case beyond
the expiration of the financial year in which such Proclamation ceases to
operate, as may be specific in the order, have effect subject to such
exceptions or modifications as he thinks fit.
(2) Every order made under clause (l) shall, as soon as may be after it is made, be laid before each House of Parliament.
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.
356. Provisions in case of failure of constitutional machinery in State
(I) If the President, on receipt of report
from the Governor of the State or otherwise, is satisfied that a situation has
arisen in which the government of the State cannot be carried on in accordance
with �he provisions of this Constitution, the President may be 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 body or authority in
the State other than the Legislature of the State;
(b) declare that the
powers of the Legislature of the State shall be exercisable by or under the
authority of Parliament;
(c) make such
incidental and consequential provisions as appear to the president to be
necessary or desirable for giving effect to the objects of the Proclamation,
including provisions for suspending in whole or in part the operation of any
provisions of this constitution relating to any body or authority in the State.
Provided that nothing in this clause shall
authorize the President to assume to himself any of the powers vested in or
exercisable by a High Court, or to suspend in whole or in part the operation of
any provision of this Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or
varied by a subsequent Proclamation.
(3) Every Proclamation issued under this
article except where it is a Proclamation revoking a previous Proclamation,
cease to operate at the expiration of two months unless before the expiration
of that period it has been approved by resolutions of both Houses of
Parliament. Provided that if any such Proclamation (not being a Proclamation
revoking a previous Proclamation) is issued at a time when the House of the
People is dissolved or the dissolution of the House of the People takes place
during the period of two months referred to in this clause, and if a resolution
approving the Proclamation has been passed by the Council of States, but no
resolution with respect to such Proclamation has been passed by the House of
the People before the expiration of that period, the Proclamation Shall cease
to operate at the expiration of thirty days from the date on which the House of
the People first sits after its reconstitution unless before the expiration of
the said period of thirty days a resolution approving the Proclamation has been
also passed by the House of the People.
(4) A Proclamation so approved shall, unless
revoked, cease to operate on the expiration of a period of six months from the
date of issue of the Proclamation: Provided that if and so often as a
resolution approving the continuance in force of such a Proclamation is passed
by both Houses of Parliament, the Proclamation shall, unless revoked, continue
in force for a further period of six months from the date on which under this
clause it would otherwise have ceased to operating, but no such Proclamation
shall in any case remain in force for more than three years:
Provided further that if the dissolution of the House
of the People takes place during any such period of six months and a resolution
approving the continuance in force of such Proclamation has been passed by the
Council of States, but no resolution with respect to the continuance in force
of such Proclamation has been passed by the House of the People during the said
period, the Proclamation shall cease to operate at the expiration of thirty
days from the date on which the House of the People first sits after its
reconstitution unless before the expiration of the said period of thirty days a
resolution approving the continuance in force of the Proclamation has been also
passed by the House of the People.
(5) Notwithstanding anything contained in
clause (4), a resolution with respect to the continuance in force of a
Proclamation approved under clause (3) for any period beyond the expiration of
one year from the date of issue of such proclamation shall not be passed by
either House of Parliament unless-
(a) a Proclamation of
Emergency is in operation, in the whole of India or, as the case may be, in the
whole or any part of the State, at the time of the passing of such resolution,
and
(b) the Election
Commission certifies that the continuance in force of the Proclamation approved
under clause (3) during the period specified in such resolution is necessary on
account of difficulties in holding general elections to the Legislative
Assembly of the State concerned:
Provided that in the case of the Proclamation issued under clause (1) on the 6th day of October, 1985 with respect to the State of Punjab, the reference in this clause to "any period beyond the expiration of two years".
357. Exercise of legislative powers under Proclamation issued under article 356
(1) Whereby a Proclamation issued under clause
(1) of Article 356, it has been declared that the powers of the Legislature of
the State shall be exercisable by or under the authority of Parliament, it
shall be competent-
(a) for Parliament to
confer on the President the power of the Legislature of the State to make laws,
and to authorize the President to delegate, subject to such conditions as he
may think fit to impose, the power so conferred to any other authority to be
specified by him in that behalf;
(b) for Parliament, or
for the President or other authority in whom such power to make laws is vested
under sub-clause (a), to make laws conferring powers and imposing duties, or
authorizing the conferring of powers and the imposition of duties, upon the
Union or officers and authorities thereof;
(c) for the President to authorize when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament
(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause (a) of clause (1) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under Article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.
358. Suspension of provisions of article 19 during emergencies
(1) While a Proclamation of Emergency
declaring that the security of India or any part of the territory thereof is
threatened by war or by external aggression is in operation, nothing in Article
19 shall restrict the power of the State as defined in Part III to make any law
or to take any executive action which the State would but for the provisions
contained in that Part be competent to make or to take, but any law so made
shall, to the extent of the in competency, cease to have effect as soon as the
Proclamation ceases to operate, except as respects things done or omitted to be
done before the law so ceases to have effect:
Provided that where such Proclamation of
Emergency is in operation only in any part of the territory of India, any such
law may be made, or any such executive action may be taken, under this article
in relation to or in any State or Union territory in which or in any part of
which the Proclamation of Emergency is not in operation, if and in so far as
the security of India or any part of the territory thereof is threatened by
activities in or in relation to the part of the territory of India in which the
Proclamation of Emergency is in operation.
(2) Nothing in clause (1) shall apply-(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or (b) to any executive action taken otherwise than under a law containing such a recital.
359. Suspension of the enforcement of the rights conferred by Part III during emergencies
(1) Where 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 of the rights conferred by Part III (except Article
20 and 21) as may be mentioned in the order and all proceedings pending in any
court for the enforcement of the rights so mentioned shall remain suspended for
the period during which the Proclamation is in force or for such shorter period
as may be specified in the order.
(1A) While an order made under clause (1)
mentioning any of the rights conferred by Part III (except Article 20 and 21)
is in operation, nothing in that Part conferring those rights shall restrict
the power of the State as defined in the said Part to make any law or to take
any executive action which the State would but for the provisions containing in
that Part be competent to make or to take, but any law so made shall, to the
extent of the in competency, cease to have effect as soon as the order
aforesaid ceases to operate, except as respects things done or omitted to be
done before the law so ceases to have effect.
Provided that where a Proclamation of Emergency
is in operation only in any part of the territory of India, any such law may be
made, or any such executive action may be taken, under this article in relation
to or in any State or Union territory in which or in any part of which the
Proclamation of Emergency is not in operation, if and in so far as the security
of India or any part of the territory thereof is threatened by activities in or
in relation to the part of the territory of India in which the Proclamation of
Emergency is in operation.
(1B) Nothing in clause (1A) shall apply-
(a) to any law which does
not contain a recital to the effect that such law is in relation to the
Proclamation of Emergency in operation when it is made; or
(b) to any executive
action taken otherwise than under a law containing such a recital.
(2) An order made as aforesaid may extend to
the whole or any part of the territory of India:
Provided that where a Proclamation of Emergency
is in operation only in a part of the territory of India, any such order shall
not extend to any other part of the territory of India unless the President,
being satisfied that the security of India or any part of the territory thereof
is threatened by activities in or in relation to the part of the territory of
India in which the Proclamation of Emergency is in operation, considers such extension
to be necessary.
(3) Every order made under clause (1) shall, as soon may be after it is made, be laid before each House of Parliament.
359A. [Repealed]
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 of
any part of the territory thereof is threatened, he may by a Proclamation make
a declaration to that effect.
(2) A Proclamation issued under clause (1) -
(a) may be revoked or
varied by a subsequent Proclamation;
(b) shall be laid
before each House of Parliament;
(c) shall cease to
operate at the expiration of two months unless before the expiration of that
period it has been approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation is issued
at a time when the House of the People has been dissolved or the dissolution of
the House of the People takes place during the period of two months referred to
in sub-clause �, and if a resolution approving the Proclamation has been passed
by the Council of States, but no resolution with respect to such Proclamation
has been passed by the House of the People before the expiration of that
period, the Proclamation shall cease to operate at the expiration of thirty days
from the ate on which the House of the People first sits after its
reconstitution, unless before the expiration of the said period of thirty days
a resolution approving the Proclamation has been also passed by the House of
the People.
(3) During the period any such Proclamation as
is mentioned in clause (1) is in operation, the executive authority of the
Union shall extend to the giving of directions to any State to observe such
canons of financial propriety as may be specified in the directions, and to the
giving of such other directions as the President may deem necessary and
adequate for the purpose.
(4) Notwithstanding anything in this
Constitution-
(a) any such direction
may include-
(i) a provision requiring
the reduction of salaries and allowances of all or any class of persons serving
in connection with the affairs of a State;
(ii) a provision
requiring all Money Bills or other Bills to which the provisions of Article 207
apply to be reserved for the consideration of the President after they are
passed by the Legislature of the State;
(b) it shall be competent for the President during the period any Proclamation issued under this article is in operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts.
361. Protection of President and Governors and Rajpramukhs
(1) The President, or the Governor or
Rajpramukh of a State, shall not be answerable to any court for the exercise
and performance of the powers and duties of his office or for any act done or
purporting to be done by him in the exercise and performance of those powers
and duties :
Provided that the conduct of the President may
be brought under review by any court, tribunal or body appointed or designated
by either House of Parliament for the investigation of a charge under Article
61:
Provided further that nothing in this clause
shall be construed as restricting the right of any person to bring appropriate
proceedings against the Governor of India or the Government of a State.
(2) No criminal proceedings whatsoever shall
be instituted or continued against the President, or the Governor of a State,
in any court during his term of office.
(3) No process for the arrest or imprisonment
of the President, or the Governor of a State, shall issue from any court during
his term of office.
(4) any civil proceedings in which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or Governor, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.
361A. Protection of publication of proceedings of Parliament and State Legislature
(1) No person shall be liable to any
proceedings, civil or criminal, in any court in respect of the publication in a
newspaper of a substantially true report of any proceedings of either House of
Parliament or the Legislative Assembly, or, as the case may be, either House of
the Legislature, of a State, unless the publication is proved to have been made
with malice:
Provided that nothing in this clause shall apply
to the publication of any report of the proceedings of a secret sitting of
either House of Parliament or the Legislative Assembly, or, as the case may be,
either House of the Legislature, of a State.
(2) Clause (1) shall apply in relation to
reports or matters broadcast, by means of wireless telegraphy as part of any
programme or service provided by means of a broadcasting station as it applies
in relation to reports or matters published in a newspaper.
Explanation.- In this article, "newspaper" includes a news agency report containing material for publication in a newspaper.
362. [Repealed]
363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
(1) Notwithstanding anything in this
Constitution but subject to the provisions of Article 143, neither the Supreme
Court nor any other court shall have jurisdiction in any dispute arising out of
any provision of a treaty, agreement, covenant, engagement, sanad or other
similar instrument which was entered into or executed before the commencement
of this Constitution by any Ruler of an Indian State and to which the
Government was a party and which has or has been continued in operation after
such commencement, or in any dispute in respect of any right accruing under or
any liability or obligation arising out of any of the provisions of this
Constitution relating to any such treaty, agreement, covenant, engagement,
sanad or other similar instrument.
(2) In this article-
(a) "Indian
State" means any territory recognized before the commencement of this
Constitution by His Majesty or the Government of the Dominion of India as being
such a State; and
(b) "Ruler" includes the Prince, Chief or other person recognized before such commencement by His Majesty or the Government of the Dominion of India as the Ruler of any Indian State.
363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished
Notwithstanding anything in this Constitution
or in any law for the time being in force
(a) the Prince, Chief or other person who, at
any time before the commencement or the Constitution (Twenty-sixth Amendment) Act,
1971, was recognized by the President as the Ruler of an Indian State or any
person who, at any time before such commencement, was recognized by the
President as the successor of such Ruler shall, on and from such commencement,
cease to be recognized as such Ruler or the successor of such Ruler;
(b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in clause (a) or any other person shall not be paid any sum as privy purse.
364. Special provisions as to major ports and aerodromes
(1) Notwithstanding anything in this
Constitution, the President may by public notification direct that as from such
date as may be specified in the notification-
(a) any law made by
Parliament or by the Legislature of a State shall not apply to any major port
or aerodrome or shall apply thereto subject to such exceptions or modifications
as may be specified in the notification, or
(b) any existing law
shall cease to have effect in any major port or aerodrome except� as respects
things done or omitted to be done before the said date, or shall in its
application to such port or aerodrome have effect subject to such exceptions or
modifications as may be specified in the notification.
(2) In this article-
(a) "major
port" means a port declared to be a major port by or under any law made by
Parliament or any existing law and includes all areas for the time being
included within the limits of such port;
(b) "aerodrome" means aerodrome as defined for the purposes of the enactment's relating to airways, aircraft and air navigation.
365. Effect of failure to comply with, or to give effect to, directions given by the
365.Effect of failure to comply with, or to
give effect to, directions given by the Union.-
Where any State has failed to comply with or to give effect to any directions given in the exercise of the executive power of the Union under any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution.
366. Definitions
366.Definition.-
In this Constitution, unless the context
otherwise requires, the following expressions have l,the meanings hereby
respectively assigned to them, that is to say-
(1) "agricultural income" means agricultural
income as defined for the purposes of the enactments relating to Indian
income-tax;
(2) "an Anglo-Indian" means a person
whose father or any of whose other male progenitors in the male line is or was
of European descent but who is domiciled within the territory of India and is
or was born within such territory of parents habitually resident therein and
not established there for temporary purposes only;
(3) "article" means an article of
this Constitution;
(4) "borrow" includes the raising of
money by the grant of annuities, and "loan" shall be construed
accordingly;
(5) "clause" means a clause of the
article in which the expression occurs;
(6) "corporation tax" means any tax
on income, so far as that tax is payable by companies and is a tax in the case
of which the following conditions are fulfilled:-
(a) that it is not
chargeable in respect of agricultural income;
(b) that no deduction
in respect of the tax paid by companies is, by any enactments which may apply
to the tax, authorized to be made from dividends payable by the companies to
individuals;
(c) that no provision
exists for taking the tax so paid into account in computing for the purposes of
Indian income-tax the total income of individuals receiving such dividends, or
in computing the Indian income-tax payable by, or refundable to, such
individuals;
(7) "corresponding Province",
"corresponding Indian State" or "corresponding State" means
in cases of doubt such Province, Indian State or State as may be determined by
the President to be the corresponding Province, the corresponding Indian State
or the corresponding State, as the case may be, for the particular purpose in
question;
(8)"debt" includes any liability in
respect of any obligation to repay capital sums by way of annuity and any
liability under any guarantee, and "debt charges" shall be construed
accordingly;
(9)"estate duty" means a duty to be
assessed on or by reference to the principal value, ascertained in accordance
with such rules as may be prescribed by or under laws made by Parliament or the
Legislature of a State relating to the duty, of all property passing upon death
or deemed, under the provisions of the said laws, so to pass;
(10) "existing law" means any law,
Ordinance, order, bye-law, rule or regulation passed or made before the
commencement of this Constitution by any Legislature, authority or person
having power to make such a law, Ordinance, order, bye-law, rule or regulation;
(11) "Federal Court" means the Federal
Court constituted under the Government of India Act, 1935;
(12) "goods" includes all materials,
commodities, and articles;
(13) "guarantee" includes any
obligation undertaken before the commencement of this Constitution to make payments
in the event of the profits of an undertaking falling short of a specified
amount;
(14) "High Court" means any court
which is deemed for the purposes of this Constitution to be a High Court for
any State and includes-
(a) any Court in the
territory of India constituted or reconstituted under this Constitution as a
High Court, and
(b) any other Court in
the territory of India which may be declared by Parliament by law to be a High
Court for all or any of the purposes of this Constitution;
(15) "Indian State" means any
territory which the Government of the Dominion of India recognized as such a
State;
(16) "Part" means a part of this
Constitution;
(17) "pension" means a pension,
whether contributory or not, of any kind whatsoever payable to or in respect of
any person, and includes retired pay so payable, a gratuity so payable and any
sum or sums so payable by way of the return, with or without interest thereon
or any other addition thereto, of subscriptions to a provident fund;
(18) "Proclamation of Emergency"
means a Proclamation issued under clause (1) of Article 352;
(19) "public notification" means a
notification in the Gazette of India, or, as the case may be, the Official
Gazette of a State;
(20) "railway" does not include-
(a) a tramway wholly
within a municipal area, or
(b) any other line of
communication wholly situate in one State and declared by Parliament by law not
to be a railway;
(22) "Ruler" means the Prince, Chief
or other person who, at any time before the commencement of the Constitution
(Twenty-sixth Amendment) Act, 1971, was recognized by the President as the
Ruler of an Indian State or any person who, at any time before such
commencement, was recognized by the President as the successor of such Ruler;
(23) "Schedule" means a Schedule to
this Constitution;
(24) "Scheduled Castes" means such
cases, races or tribes or parts of or groups within such castes, races or
tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of
this Constitution;
(25) "Scheduled Tribes" means such
tribes or tribal communities or parts of or groups within such tribes or tribal
communities as are deemed under Article 342 to be Scheduled Tribes for the
purposes of this Constitution;
(26) "securities" includes stock;
(27) "sub-clause" means a sub-clause
of the clause in which the expression occurs;
(28) "taxation" includes the
imposition of any tax or impost, whether general or local or special, and
"tax" shall be construed accordingly;
(29) "tax on income" includes a tax
in the nature of an excess profits tax;
(29-A) "tax on the sale or purchase of
goods" includes-
(a) a tax on the
transfer, otherwise than in pursuance of a contact, of property in any goods
for cash, deferred payment or other valuable consideration;
(b) a tax on the
transfer of property in goods (whether as goods or in some other form) invoked
in the execution of a works contract;
(c) a tax on the
delivery of goods on hire-purchase or any system of payment by installments;
(d) a tax on the
transfer of the right to use any goods for any purpose (whether or not for a
specified period) for cash, deferred payment or other valuable consideration;
(e) a tax on the
supply of goods by any unincorporated association or body of persons to a
member thereof for cash, deferred payment or other valuable consideration;
(f) a tax on the
supply, by way of or as part of any service or in any other manner whatsoever,
of goods, being food or any other article for human consumption or any drink
(whether or not intoxicating), where such supply or service, is for cash,
deferred payment or other valuable consideration, and such transfer, delivery
or supply of any goods shall be deemed to be a sale of those goods by the person
making the transfer, delivery or supply and a purchase of those goods by the
person to whom such transfer, delivery or supply is made;
(30)"Union territory" means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.
367. Interpretation
(1) Unless the context otherwise requires, the
General Clauses Act, 1897, shall, subject to any adaptations and modifications that
may be made therein under Article 372, apply for the interpretation of this
Constitution as it applies for the interpretation of an Act of the Legislature
of the Dominion of India.
(2) Any reference in this Constitution to Acts
or laws of, or made by, Parliament, or to Acts or laws of, or made by, the
Legislature of a State, shall be construed as including a reference to an
Ordinance made by the President or, to an Ordinance made by a Governor, as the
case may be.
(3) For the purposes of this Constitution
"foreign State" means any State other than India:
Provided that, subject to the provisions of any law made by Parliament, the President may by order declare any State not to be a foreign State for such purposes as may be specified in the order.
368. Power of Parliament to amend the Constitution and procedure therefor
(1) Notwithstanding anything in this
Constitution, Parliament may in exercise of its constituent power amend by way
of addition, variation or repeal any provision of this Constitution in
accordance with the procedure laid down in this article.
(2) An amendment of this Constitution may be
initiated only by the introduction of a Bill for the purpose in either House of
Parliament, and when the Bill is passed in each House by a majority of the
total membership of that House present and voting, [it shall be presented to
the President who shall give his assent to the Bill and thereupon] the
Constitution shall stand amended in accordance with the terms of the Bill:
Provided that if such amendment seeks to make
any change in -
(a) Article 54, Article 55, Article 73,
Article 162 or Article 241, or
(b) Chapter IV of Part V, Chapter V of Part
VI, or Chapter I of Part XI, or
(c) any of the Lists in the Seventh Schedule,
or
(d) the representation of States in
Parliament, or
(e) the provisions of this article, the
amendment shall also require to be ratified by the Legislature of not less than
one-half of the States by resolution to that effect passed by those
Legislatures before the Bill making provision for such amendment is presented
to the President for assent.
(3) Nothing in Article 13 shall apply to any
amendment made under this article.
(4) No amendment of this Constitution
(including the provisions of Part III) made or purporting to have been made
under this article whether before or after the commencement of Section 55 of
the Constitution (Forty-second Amendment) Act, 1976 shall be called in question
in any court on any ground.
(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.
369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
Notwithstanding anything in this Constitution,
Parliament shall, during a period of five years from the commencement of this
constitution, have power to make laws with respect to the following matters as
if they were enumerated in the Concurrent List, namely:-
(a) trade and commerce within a State in, and
in production, supply and distribution of, cotton and woolen textiles, raw
cotton (including ginned cotton and unginned cotton or kapas), cotton seed,
paper (including newsprint), foodstuffs (including edible oilseeds and oil),
cattle fodder (including oil-cakes and other concentrates), coal (including
coke and derivatives of coal), iron, steel and mica;
(b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court; but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetence, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.
370. Temporary provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything in this
Constitution,-
(a) the provisions of
Article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament
to make laws for the said State shall be limited to-
(i) those matters in
the Union List and the Concurrent List which, in consultation with the
Government of the State, are declared by the President to correspond to matters
specified in the Instrument of Accession governing the accession of the State
to the Dominion of India as the matters with respect to which the Dominion
Legislature may make laws for that State; and
(ii) such other
matters in the said Lists as, with the concurrence of the Government of the
State, the President may by order specify.
Explanation.- For the purposes of
this article, the Government of the State means the person for the time being
recognized by the President as the Maharaja of Jammu and Kashmir acting on the
advice of the Council of Ministers for the time being in office under the
Maharaja�s Proclamation dated the fifth day of March, 1948;
(c) the provisions of
Article 1 and of this article shall apply in relation to that State;
(d) such of the other
provisions of this Constitution shall apply in relation to that State subject
to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the
matters specified in the Instrument of Accession of the State referred to in
paragraph (i) of sub-clause (b) shall be issued except in consultation with the
Government of the State:
Provided further that no such order which
relates to matters other than those referred to in the last preceding proviso
shall be issued except with the concurrence of that Government.
(2)If the concurrence of the Government of the
State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the
second proviso to sub-clause (d) of that clause be given before the Constituent
Assembly for the purpose of framing the Constitution of the State is convened,
it shall be placed before such Assembly for such decision as it may take
thereon.
(3) Notwithstanding anything in the foregoing
provisions of this article, the President may, by public notification, declare
that this article shall cease to be operative or shall be operative only with
such exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.
371. Special provision with respect to the States of Maharashtra and Gujarat
(2) Notwithstanding anything in this
Constitution, the President may by order made with respect to the State of
Maharashtra or Gujarat, provide for any special responsibility of the Governor
for-
(a) the establishment
of separate development boards for Vidarbha, Marathwada, and the rest of
Maharashtra or, as the case may be, Saurashtra, Kutch and the rest of these
boards will be placed each year before the State Legislative Assembly;
(b) the equitable
allocation of funds for developmental expenditure over the said areas, subject to
the requirements of the State as a whole; and
(c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in service under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.
371A. Special provision with respect to the State of Nagaland
(1) Notwithstanding anything in this
Constitution,-
(a) no Act of
Parliament in respect of -
(i) religious or
social practices of the Nagas,
(ii) Naga customary
law and procedure,
(iii) administration
of civil and criminal justice involving decisions according to Naga customary
law,
(iv) ownership and
transfer of land and its resources, shall apply to the State of Nagaland unless
the Legislative Assembly of Nagaland by a resolution so decides;
(b) the Governor of
Nagaland shall have special responsibility with respect to law and order in the
State of Nagaland for so long as in his opinion internal disturbances occurring
in the Naga Hills-Tuensang Area immediately before the formation of that State
continue therein or in any part thereof and in the discharge of his functions
in relation thereto the Governor shall, after consulting the Council of
Ministers, exercise his individual judgment as to the action to be taken:
Provided that if any question
arises whether any matter is or is not a matter as respects which the Governor
is under this sub-clause required to act in the exercise of his individual
judgment, the decision of the Governor in his discretion shall be final, and
the validity of anything done by the Governor shall not be called in question
on the ground that he ought or ought not to have acted in the exercise of his
individual judgment:
Provided further that if the
President on receipt of a report from the Governor or otherwise is satisfied
that it is no longer necessary for the Governor to have special responsibility
with respect to law and order in the State of Nagaland, he may by order direct
that the Governor shall cease to have such responsibility with effect from such
date as may be specified in the order;
(c) in making his
recommendation with respect to any demand for a grant, the Governor of Nagaland
shall ensure that any money provided by the Government of India out of the
Consolidated Fund of India for any specific service or purpose is included in
the demand for a grant relating to that service or purpose and not in any other
demand;
(d) as from such date
as the Governor of nagaland may by public notification in this behalf specify,
there shall be established a regional council for the Tuensang district
consisting of thirty-five members and the Governor shall in his discretion make
rules providing for-
(i) the composition of
the regional council and the manner in which the members of the regional
council shall be chosen:
Provided that the Deputy
Commissioner of the Tuensang district shall be the Chairman ex-officio of the
regional council and the Vice-Chairman of the regional council shall be elected
by the members thereof from amongst themselves;
(ii) the
qualifications for being chosen as, and for being, members of the regional
council;
(iii) the term of
office of, and the salaries and allowances, if any, to be paid to members of,
the regional council;
(iv) the procedure and
conduct of business of the regional council;
(v) the appointment of
officers and staff of the regional council and their conditions of services;
and
(vi) any other matter
in respect of which it is necessary to make rules for the constitution and
proper functioning of the regional council.
(2) Notwithstanding anything in this
Constitution, for a period of ten years from the date of the formation of the
State of Nagaland or for such further period as the Governor may, on the
recommendation of the regional council, by public notification specify in this
behalf,-
(a) the administration
of the Tuensang district shall be carried on by the Governor;
(b) where any money is
provided by the Government of India to the Government of Nagaland to meet the
requirements of the State of nagaland as a whole, the Governor shall in his
discretion arrange for an equitable allocation of that money between the
Tuensang district and the rest of the State;
(c) no Act of the
Legislature of Nagaland shall apply to the Tuensang district unless the
Governor, on the recommendation of the regional council, by public notification
so directs and the Governor in giving such direction with respect to any such
Act may direct that the Act shall in its application to the Tuensang district
or any part thereof have effect subject to such exceptions or modifications as
the Governor may specify on the recommendation of the regional council:
Provided that any direction
given under this sub-clause may be given so as to have retrospective effect;
(d) the Governor may
make regulations for the peace, progress and good government of the Tuensang
district and any regulations so made may repeal or amend with retrospective
effect, if necessary, any Act of Parliament or any other law which is for the
time being applicable to that district;
(e) (i) one of the
members representing the Tuensang district in the Legislative Assembly of
nagaland shall be appointed Minister for Tuensang affairs by the Governor on
the advice of the Chief Minister and the Chief Minister in tendering his advice
shall act on the recommendation of the majority of the members as aforesaid;
(ii) the Minister for
Tuensang affairs shall deal with, and have direct access to the Governor on,
all matters relating to the Tuensang district but he shall keep the Chief
Minister informed about the same;
(f) notwithstanding
anything in the foregoing provisions of this clause, the final decision on all
matters relating to the Tuensang district shall be made by the Governor in his
discretion;
(g) in articles 54 and
55 and clause (4) of Article 80, references to the elected members of the
Legislative Assembly of a State or to each such member shall include references
to the members or member of the Legislative Assembly of Nagaland elected by the
regional council established under this article;
(h) in Article 170-
(i) clause (1) shall,
in relation to the Legislative Assembly of Nagaland, have effect as if for the
word "sixty", the words "forty-six" had been substituted;
(ii) in the said
clause, the reference to direct election from territorial constituencies in the
State shall include election by the members of the regional council established
under this article;
(iii) in clauses (2)
and (3), references to territorial constituencies shall mean references to
territorial constituencies in the Kohima and Mokokchung districts.
(3) If any difficulty arises in giving effect
to any of the foregoing provisions of this article, the President may by order
do anything (including any adaptation or modification of any other article)
which appears to him to be necessary for the purpose of removing that
difficulty:
Provided that no such order shall be made after
the expiration of three years from the date of the formation of the State of
Nagaland.
Explanation.- In this article, the Kohima, Mokkchung and Tuensang districts shall have the same meanings as in the State of Nagaland Act, 1962.
371B. Special provision with respect to the State of Assam
Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.
371C. Special provision with respect to the State of Manipur
(1) Notwithstanding anything in this
Constitution, the President may, by order made with respect to the State of
Manipur, provide for the constitution and functions of a committee of the Legislative
Assembly of the State consisting of members of that Assembly elected from the
Hill Areas of that State, for the modifications to be made in the rules of
business of the Government and in the rules of procedure of the Legislative
Assembly of the State and for any special responsibility of the Governor in
order to secure the proper functioning of such committee.
(2) The Governor shall annually, or whenever
so required by the President, make a report to the President regarding the
administration of the Hill Areas in the State of Manipur and the executive
power of the Union shall extend to the giving of directions to the State as to
the administration of the said areas.
Explanation.- In this article, the expression "Hill Areas" means such areas as the President may, by order, declare to be Hill Areas.
371D. Special provisions with respect to the State of Andhra Pradesh
(1) The president may by order made with
respect to the state of Andhra Pradesh provide, having regard to the
requirements of the state as a whole, for equitable opportunities and
facilities for the people belonging to different parts of state, in the matter
of public employment and in the matter of education, and different provisions
may be made for various parts of the state.
(2) An order made under clause (1) may, in
particular,-
(a) require the state
Government to organize any class or classes of posts in a civil service of, or
any classes of civil post of state and allot in accordance with such principal
and procedure as may be specified in the order the persons holding such post to
the local cadres so organized;
(b) specify any part
or parts of the state which shall be regarded as the local area-
(i) for direct
recruitment to posts in any local cadre (whether organized in pursuance of an
order under this article or constituted otherwise) under the State Government;
(ii) for direct
recruitment to posts in any cadre under any local authority within the State;
and
(iii) for the purposes
of admission to any University within the State or to any other educational
institution which is subject to the control of the State Government;
(c) specify the extent
to which, the manner in which and the conditions subject to which, preference
or reservation shall be given or made-
(i) in the matter of
direct recruitment to posts in any such cadre referred to in sub- clause (b) as
may be specified in this behalf in the order;
(ii) in the matter of
admission to any such University or other educational institution referred to
in sub-clause (b) as may be specified in this behalf in the order, to or in
favor of candidates who have resided or studied for any period specified in the
order in the local area in respect of such cadre, University or other educational
institution, as the case may be.
(3) The President may, by order, provide for
the constitution of an Administrative Tribunal for the State of Andhra Pradesh
to exercise such jurisdiction, powers and authority including any jurisdiction,
power and authority which immediately before the commencement of the
constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court
(other than the Supreme Court) or by any tribunal or other authority as may be
specified in the order with respect to the following matters, namely:-
(a) appointment,
allotment or promotion to such class or classes of posts in any civil service
of the State, or to such class or classes of civil posts under the State, or to
such class or classes of posts under the control of any local authority within
the State, as may be specified in the order;
(b) seniority of
persons appointed, allotted or promoted to such class or classes of posts in
any civil service of the State, or to such class or classes of civil posts under
the State, or to such class or classes of posts under the control of any local
authority within the State, as may be specified in the order;
(c) such other
conditions of service of persons appointed, allotted or promoted to such class
or classes of civil posts under the State or to such class or classes of posts
under the control of any local authority within the State, as may be specified
in the order.
(4) An order made under clause (3) may-
(a) authorize the
Administrative Tribunal to receive representations for the redress of
grievances relating to any matter within its jurisdiction as the President may
specify in the order and to make such orders thereon as the Administrative
Tribunal deems fit;
(b) contain such
provisions with respect to the powers and authorities and procedure of the
Administrative Tribunal (including provisions with respect to the powers of the
Administrative Tribunal to punish for contempt of itself) as the President may
deem necessary;
(c) provide for the
transfer of the Administrative Tribunal of such classes of proceedings, being
proceedings relating to matters within its jurisdiction and pending before any
court (other than the Supreme Court) or tribunal or other authority immediately
before the commencement of such order, as may be specified in the order;
(d) contain such
supplemental, incidental and consequential provisions (including provisions as
to fees and as to limitation, evidence or for the application of any law for
the time being in force subject to any exceptions or modifications) as the
President may deem necessary.
(5) The order of the Administrative Tribunal
finally disposing of any case shall become effective upon its confirmation by the
State Government or on the expiry of three months from the date on which the
order is made, whichever is earlier:
Provided that the State Government may, by
special order made in writing and for reasons to be specified therein, modify
or annul any order of the Administrative Tribunal before it becomes effective
and in such a case, the order of the Administrative Tribunal shall have effect
only in such modified form or be of no effect, as the case may be.
(6) Every special order made by the State Government
under the proviso to clause (5) shall be laid, as soon as may be after it is
made, before both Houses of the State Legislature.
(7) The High Court for the State shall not
have any powers of superintendence over the Administrative Tribunal and no
court (other than the Supreme Court) or tribunal shall exercise any
jurisdiction, power or authority in respect of any matter subject to the
jurisdiction, power or authority of, or in relation to, the Administrative
Tribunal.
(8) If the President is satisfied that the
continued existence of the Administrative Tribunal is not necessary, the
President may by order abolish the Administrative Tribunal and make such
provisions in such order as he may deem fit for the transfer and disposal of
cases pending before the Tribunal immediately before such abolition.
(9) Notwithstanding any judgment, decree or
order of any court, tribunal or other authority,-
(a) no appointment,
posting, promotion or transfer of any person-
(i) made before the
1st day of November, 1956, to any post under the Government of, or any local
authority within, the State of Hyderabad as it existed before that date; or
(ii) made before the
commencement of the Constitution (Thirty-second Amendment) Act, 1973, to any
post under the Government of, or any local or other authority within, the State
of Andhra Pradesh; and
(b) no action taken or
thing done by or before any person referred to in sub-clause (a), shall be
deemed to be illegal or void or ever to have become illegal or void merely on
the ground that the appointment, posting, promotion or transfer of such person
was not made in accordance with any law, then in force, providing for any
requirement as to residence within the State of Hyderabad or, as the case may
be, within any part of the State of Andhra Pradesh, in respect of such
appointment, posting, promotion or transfer.
(10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
371E. Establishment of Central University in Andhra Pradesh
Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.
371F. Special provisions with respect to the State of Sikkim
Notwithstanding anything in this
Constitution,-
(a) the Legislative Assembly of the State of
Sikkim shall consist of not less than thirty members;
(b) as from the date of commencement of the
Constitution (Thirty-sixth Amendment) Act, 1975, (hereafter in this article
referred to as the appointed day)-
(i) the Assembly for
Sikkim formed as a result of the elections held in Sikkim in April, 1974 with
thirty-two members elected in the said elections (hereinafter referred to as
the sitting members) shall be deemed to be the Legislative Assembly of the
State of Sikkim duly constituted under this Constitution;
(ii) the sitting
members shall be deemed to be the members of the Legislative Assembly of the
State of Sikkim duly elected under this Constitution; and
(iii) the said
Legislative Assembly of the State of Sikkim shall exercise the powers and
perform the functions of the Legislative Assembly of a State under this
Constitution;
(c) in the case of the Assembly deemed to be
the Legislative Assembly of the State of Sikkim under clause (b), the
references to the period of five years in clause (1) of Article 172 shall be
construed as references to a period of four years and the said period of four
years shall be deemed to commence from the appointed day;
(d) until other provisions are made by
Parliament by law, there shall be allotted to the State of Sikkim one seat in
the House of the People and the State of Sikkim shall form one parliamentary
constituency to be called the parliamentary constituency for Sikkim;
(e) the representative of the State of Sikkim
in the House of the People in existence on the appointed day shall be elected
by the members of the Legislative Assembly of the State of Sikkim;
(f) Parliament may, for the purpose of
protecting the rights and interests of the different sections of the population
of Sikkim make provision for the number of seats in the Legislative Assembly of
the State of Sikkim which may be filled by candidates belonging to such
sections and for the delimitation of the assembly constituencies from which
candidates belonging to such sections alone may stand for election to the
Legislative Assembly of the State of Sikkim;
(g) the Governor of Sikkim shall have special
responsibility for peace and for an equitable arrangement for ensuring the
social and economic advancement of different sections of the population of
Sikkim and in the discharge of his special responsibility under this clause,
the Governor of Sikkim shall, subject to such directions as the President may,
from time to time, deem fit to issue, act in his discretion;
(h) all property and assets (whether within or
outside the territories comprised in the State of Sikkim) which immediately
before the appointed day were vested in the Government of Sikkim or in any
other authority or in any person for the purposes of the Government of Sikkim
shall, as from the appointed day, vest in the Government of the State of
Sikkim;
(i) the High Court functioning as such
immediately before the appointed day in the territories comprised in the State
of Sikkim shall, on and from the appointed day, be deemed to be the High Court
for the State of Sikkim;
(j) all courts of civil, criminal and revenue
jurisdiction, all authorities and all officers, judicial, executive and
ministerial, throughout the territory of the State of Sikkim shall continue on
and from the appointed day to exercise their respective functions subject to
the provisions of this Constitution;
(k) all laws in force immediately before the
appointed day in the territories comprised in the State of Sikkim or any part
thereof shall continue to be in force therein until amended or repealed by a
competent legislature or other competent authority;
(l) for the purpose of facilitating the
application of any such law as is referred to in clause (k) in relation to the
administration of the State of Sikkim and for the purpose of bringing the
provisions of any such law into accord with the provisions of this
Constitution, the President may, within two years from the appointed day, by
order, make such adaptations and modifications of the law, whether by way of
repeal or amendment, as may be necessary or expedient, and thereupon, every
such law shall have effect subject to the adaptations and modifications so
made, and any such adaptation or modification shall not be questioned in any
court of law;
(m) neither the Supreme Court nor any other
court shall have jurisdiction in respect of any dispute or other matter arising
out of any treaty, agreement, engagement or other similar instrument relating
to Sikkim which was entered into or executed before the appointed day and to
which the Government of India or any of its predecessor Governments was a party,
but nothing in this clause shall be construed to derogate from the provisions
of Article 143;
(n) the President may, by public notification,
extend with such restrictions or modifications as he thinks fit to the State of
Sikkim any enactment which is in force in a State in India at the date of the
notification;
(o) if any difficulty arises in giving effect
to any of the foregoing provisions of this article, the president may, by
order, do anything (including any adaptation or modification of any other
article) which appears to him to be necessary for the purpose of removing that
difficulty:
Provided that no such order shall be made after
the expiry of two years from the appointed day;
(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.
371G. Special provision with respect to the State of Mizoram
Notwithstanding anything in this
Constitution,-
(a) no Act of President in respect of -
(i) religious or
social practices of the Mizos,
(ii) Mizo customary
law and procedure,
(iii) administration
of civil and criminal justice involving decisions according to Mizo customary
law,
(iv) ownership and transfer
of land, shall apply to the State of Mizoram unless the Legislative Assembly of
the State of Mizoram by a resolution so decides:
Provided that nothing in this clause shall apply
to any Central Act in force in the union territory of Mizoram immediately
before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;
(b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members.
371H. Special provision with respect to the State of Arunachal Pradesh
Notwithstanding anything in this
Constitution,-
(a) the Governor of Arunachal Pradesh shall
have special responsibility with respect to law and order in the State of
Arunachal Pradesh and in the discharge of his functions in relation thereto, the
Governor shall, after consulting the Council of Ministers, exercise his
individual judgment as to the action to be taken:
Provided that if any question arises whether any
matter is or is not a matter as respects which the Governor is under this clause
required to act in the exercise of his individual judgment, the decision of the
Governor in his discretion shall be final, and the validity of anything done by
the Governor shall not be called in question on the ground that he ought or
ought not to have acted in the exercise of his individual judgment:
Provided further that if the President on
receipt of a report from the Governor or otherwise is satisfied that it is no
longer necessary for the Governor to have special responsibility with respect
to law and order in the State of Arunachal Pradesh, he may by order direct that
the Governor shall cease to have such responsibility with effect from such date
as may be specified in the order;
(b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.
371-I. Special provision with respect to the State of Goa
Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.
372. Continuance in force of existing laws and their adaptation
(1) Notwithstanding the repeal by this
Constitution of the enactments referred to in Article 395 but subject to the
other provisions of this Constitution, all the laws in force in the territory
of India immediately before the commencement of this Constitution, all the laws
in force in the territory of India immediately before the commencement of this
Constitution shall continue in force therein until altered or repealed or
amended by a competent Legislature or other competent authority.
(2) For the purpose of bringing the provisions
of any law in force in the territory of India into accord with the provisions
of this Constitution, the President may by order make such adaptations and
modifications of such law, whether by way of repeal or amendment, as may be
necessary or expedient, and provide that the law shall, as from such date as
may be specified in the order, have effect subject to the adaptations and
modifications so made, and any such adaptation or modification shall not be
questioned in any court of law.
(3) Nothing in clause (2) shall be deemed-
(a) to empower the
President to make any adaptation or modification of any law after the expiration
of three years from the commencement of this Constitution; or
(b) to prevent any
competent Legislature or other competent authority from repealing or amending
any law adapted or modified by the President under the said clause.
Explanation I.- The expression
"law in force" in this article shall include a law passed or made by
a legislature or other competent authority in the territory of India before the
commencement of this Constitution and not previously repealed, notwithstanding
that it or parts of it may not be then in operation either at all or in
particular areas.
Explanation II.- Any law passed or made
by a legislature or other competent authority in the territory of India which
immediately before the commencement of this Constitution had extra-territorial
effect as well as effect in the territory of India shall, subject to any such
adaptations and modifications as aforesaid, continue to have such
extra-territorial effect.
Explanation III.- Nothing in this
article shall be construed as continuing any temporary law in force beyond the
date fixed for its expiration or the date on which it would have expired if
this Constitution had not come into force.
Explanation IV.- An Ordinance promulgated by the Governor of a Province under Section 88 of the Government of India Act, 1935, and in force immediately before the commencement of this Constitution shall, unless withdrawn by the Governor of the corresponding State earlier, cease to operate at the expiration of six weeks from the first meeting after such commencement of the Legislative Assembly of that State functioning under clause (1) of Article 382, and nothing in this article shall be construed as continuing any such Ordinance in force beyond the said period.
372A. Power of the President to adapt laws
(1) For the purposes of bringing the
provisions of any law in force in India or in any part thereof, immediately
before the commencement of the Constitution (Seventh Amendment) Act, 1956, into
accord with the provisions of this Constitution as amended by that Act, the
President may by order made before the 1st day of November, 1957 make such
adaptations and modifications of the law, whether by way of repeal or
amendment, as may be necessary or expedient, and provide that the law shall, as
from such date as may be specified in the order, have effect subject to the
adaptations and modifications so made, and any such adaptation or modification
shall not be questioned in any court of law.
(2) Nothing in clause (1) shall be deemed to prevent a competent legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.
373. Power of President to make order in respect of persons under preventive detention in certain cases
Until provision is made by Parliament under clause (7) of Article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof there were substituted a reference to the Parliament in those clauses there were substituted a reference to an order made by the President.
374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council
(1) The Judges of the Federal Court holding
office immediately before the commencement of this Constitution shall, unless
they have elected otherwise, become on such commencement the Judges of the Supreme
Court and shall thereupon be entitled to such salaries and allowances and to
such rights in respect of leave of absence and pension as are provided for
under Article 125 in respect of the Judges of the Supreme Court.
(2) All suits, appeals and proceedings, civil
or criminal, pending in the Federal Court at the commencement of this
Constitution shall, unless they have elected otherwise, become on such
commencement the Judges of the Supreme Court and shall thereupon be entitled to
such salaries and allowances and to such rights in respect of leave of absence
and pension as are provided for under Article 125 in respect of the Judges of
the Supreme Court.
(3) Nothing in this Constitution shall operate
to invalidate the exercise of jurisdiction by His Majesty in Council to dispose
of appeals and petitions from, or in respect of, any judgment, decree or order
of any court within the territory of India in so far as the exercise of such
jurisdiction is authorized by law, and any order of His Majesty in Council made
on any such appeal or petition after the commencement of this Constitution
shall for all purposes have effect as if it were an order or decree made by the
Supreme Court in the exercise of the jurisdiction conferred on such Court by
this Constitution.
(4) On and from the commencement of this
Constitution the jurisdiction of the authority functioning as the Privy Council
in a State specified in Part B of the First Schedule to entertain and dispose
of appeals and petitions from or in respect of any judgment, decree or order of
any court within that State shall cease, and all appeals and other proceedings
pending before the said authority at such commencement shall be transferred to,
and disposed of by, the Supreme Court.
(5) Further provision may be made by Parliament by law to give effect to the provisions of this article.
375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution
All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.
376. Provisions as to Judges of High Courts
(1) Notwithstanding anything in this clause
(2) of Article 217, the Judges of a High Court in any Province holding office
immediately before the commencement of this Constitution shall, unless they
have elected otherwise, become on such commencement the Judges of the High
Court in the corresponding State, and shall thereupon be entitled to such
salaries and allowances and to such rights in respect of leave of absence and
pension as are provided for under Article 221 in respect of the Judges of such
High Court. Any such Judge shall, notwithstanding that he is not a citizen of
India, be eligible for appointment as Chief Justice of such High Court, or as
Chief Justice or other Judge of any other High Court.
(2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, notwithstanding anything in clauses (1) and (2) of Article 217 but subject to the proviso to clause (1) of that article, continue to hold office until the expiration of such period as the President may by order determine. In this article, the expression "Judge" does not include an acting Judge or an additional Judge.
377. Provisions as to Comptroller and Auditor-General of India
The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) of Article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement.
378. Provisions as to Public Service Commissions
(1) The members of the Public Service
Commission for the Dominion of India holding office immediately before the
commencement of this Constitution shall, unless they have elected otherwise,
become on such commencement the members of the Public Service Commission for
the Union and shall, notwithstanding anything in clauses (1) and (2) of Article
316 but subject to the proviso to clause (2) of that article, continue to hold
office until the expiration of their term of office as determined under the
rules which were applicable immediately before such commencement to such
members.
(2) The members of a Public Service Commission
of a Province or of a Public Service Commission serving the needs of a group of
Provinces holding office immediately before the commencement of this
Constitution shall, unless they have elected otherwise, become on such
commencement the members of the Public Service Commission for the corresponding
State or the members of the Joint State Public Service Commission serving the
needs of the corresponding States, as the case may be, and shall,
notwithstanding anything in clauses (1) and
(2) of Article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.
378A. Special provisions as to duration of Andhra Pradesh Legislative Assembly
378-A. Special provision as to duration of Andhra
Pradesh Legislative Assembly.-
Notwithstanding anything contained in Article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of Sections 28 and 29 of the States Reorganization Act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said Section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.379-391. Repealed by the Constitution (Seventh Amendment) Act, 1956, S.29 and Sch.
379-391. [Repealed]
392. Power of the President to remove difficulties
(1) The President may, for the purpose of
removing any difficulties, particularly in relation to the transition from the
provisions of the Government of India Act, 1935, to the provisions of this
Constitution, by order direct that this Constitution shall, during such period
as may be specified in the order, have effect subject to such adaptations,
whether by way of modification, addition or omission, as he may deem to be
necessary or expedient:
Provided that no such order shall be made after
the first meeting of Parliament duly constituted under Chapter II of Part V.
(2) Every order made under clause (1) shall be
laid before Parliament.
(3) The powers conferred on the President by this article, by Article 324, by clause (3) of Article 367 and by Article 391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the Dominion of India.
393. Short title
This Constitution may be called the Constitution of India.
394. Commencement
This article and Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.
395. Repeals
The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactment's amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed.
Schedule. First Schedule
[Articles 1 and 4
I. THE STATES
Name Territories
1. Andhra Pradesh The territories specified in
sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section
3 of the States Reorganization Act, 1956, the First Schedule to the Andhra
Pradesh and Madras (Alteration of Boundaries) Act, 1959, and the Schedule to
the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968, but excluding
the territories specified in the Second Schedule to the Andhra Pradesh and
Madras (Alteration of Boundaries) Act, 1959.
2. Assam The territories which immediately
before the commencement of this Constitution were comprised in the Province of
Assam, the Khasi States and the Assam Tribal Areas, but excluding the
territories specified in the Schedule to the Assam (Alteration of Boundaries)
Act, 1951, and the territories specified in sub-section (1) of section 3 of the
State of Nagaland Act, 1962 and the territories specified in sections 5, 6 and
7 of the North-Eastern Areas (Reorganization) Act, 1971.
3. Bihar The territories which immediately
before the commencement of this Constitution were either comprised in the
Province of Bihar or were being administered as if they formed part of that
Province and the territories specified in clause (1) of sub-section (1) of
section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968,
but excluding the territories specified in sub-section (1) of section 3 of the
Bihar and West Bengal (Transfer of Territories) Act, 1956, and the territories
specified in clause (b) of sub-section (1) of section 3 of the first mentioned
Act.
4. Gujarat The territories referred to in
sub-section (1) of section 3 of the Bombay Reorganization Act, 1960.
5. Kerala The territories specified in
sub-section (1) of section 5 of the States Reorganization Act, 1956.
6. Madhya Pradesh The territories specified in
sub-section (1) of section 9 of the States Reorganization Act, 1956 and the First
Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act,
1959.
7. Tamil Nadu The territories which
immediately before the commencement of this Constitution were either comprised
in the Province of Madras or were being administered as if they formed part of
that Province and the territories specified in section 4 of the States
Reorganization Act, 1956, and the Second Schedule to the Andhra Pradesh and
Madras (Alteration of Boundaries) Act, 1959 but excluding the territories
specified in sub-section (1) of section 3 and sub-section (1) of section 4 of
the Andhra State Act, 1953 and the territories specified in clause (b) of
sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of
section 7 of the States Reorganization Act, 1956 and the territories specified
in the First Schedule to the Andhra Pradesh and Madras (Alteration of
Boundaries) Act, 1959.
8. Maharashtra The territories specified in
sub-section (1) of section 8 of the States Reorganization Act, 1956, but
excluding the territories referred to in sub-section (1) of section 3 of the
Bombay Reorganization Act, 1960.
9. Karnataka The territories specified in
sub-section (1) of section 7 of the States Reorganization Act, 1956 but
excluding the territory specified in the Schedule to the Andhra Pradesh and
Mysore (Transfer of Territory) Act, 1968
10. Orissa The territories which immediately
before the commencement of this Constitution were either comprised in the
Province of Orissa or were being administered as if they formed part of that
Province.
11. Punjab The territories specified in
section 11 of the States Reorganization Act, 1956 and the territories referred
to in Part II of the First Schedule to the Acquired Territories (Merger) Act, 1960
but excluding the territories referred to in Part II of the First Schedule to
the Constitution (Ninth Amendment) Act, 1960 and the territories specified in
sub-section (1) of section 3, section 4 and sub-section (1) of section 5 of the
Punjab Reorganization Act, 1966.
12. Rajasthan The territories specified in
section 10 of the States Reorganization Act, 1956 but excluding the territories
specified in the First Schedule to the Rajasthan and Madhya Pradesh (Transfer
of Territories) Act, 1959.
13. Uttar Pradesh The territories which
immediately before the commencement of this Constitution were either comprised
in the Province known as the United Provinces or were being administered as if
they formed part of that Province, the territories specified in clause (b) of
sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of
Boundaries) Act, 1968, and the territories specified in clause (b) of
sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of
Boundaries) Act, 1979, but excluding the territories specified in clause (a) of
sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of
Boundaries) Act, 1968, and the territories specified in clause (a) of
sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of
Boundaries) Act, 1979.
14. West Bengal The territories which
immediately before the commencement of this Constitution were either comprised
in the Province of West Bengal or were being administered as if they formed
part of that Province in the territory of Chandernagore as defined in clause
(c) of section 2 of the Chandernagore (Merger) Act, 1954, and also the
territories specified in sub-section (1) of section 3 of the Bihar and West
Bengal (Transfer of Territories) Act, 1956.
15. Jammu and The territory which immediately
before the commencement of this Constitution are comprised in the Indian State
of Jammu and Kashmir.
16. Nagaland The territories specified in
sub-section (1) of section 3 of the State of Nagaland Act, 1962.
17. Haryana The territories specified in
sub-section (1) of section 3 of the Punjab Reorganization Act, 1966 and the
territories specified in clause (a) of sub-section (1) of section 4 of the
Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding
the territories specified in clause (b) of sub-section (1) of section 4 of that
Act.
18. Himachal Pradesh The territories which
immediately before the commencement of this Constitution were being
administered as if they were Chief Commissioners� Provinces under the names of
Himachal Pradesh and Bilaspur and the Territories specified in sub-section (1)
of section 5 of the Punjab Reorganization Act, 1966.
19. Manipur The territory which immediately
before the commencement of this Constitution was being administered as if it
were a Chief Commissioner�s Province under the name of Manipur.
20. Tripura The territory which immediately
before the commencement of this Constitution was being administered as if it
were a Chief Commissioner�s Province under the name of Tripura.
21. Meghalaya The territories specified in
section 5 of the North-Eastern Areas (Reorganization) Act, 1971.
22. Sikkim The territories which immediately
before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975,
were comprised in Sikkim.
23. Mizoram The territories specified in
section 6 of the North Eastern Areas (Reorganization) Act, 1971.
24. Arunachal Pradesh The territories
specified in section 7 of the North Eastern Areas (Reorganization) Act,
1971.
25. Goa The territories specified in section 3
of the Goa, Daman and Diu Reorganization Act, 1987.
II. THE UNION TERRITORIES
1. Delhi The territory which immediately before
the commencement of this Constitution was comprised in the Chief Commissioner�s
Province of Delhi.
***
***
2. The Andaman and The territory which
immediately before the commencement of this Constitution was comprised in the
Chief Commissioner�s Province of the Andaman and Nicobar Islands.
3. Lakshadweep The territory specified in
section 6 of the States Reorganization Act, 1956.
4. Dadra and Nagar The territory which
immediately before the eleventh day of August, 1961 was comprised in Free Dadra
and Nagar Haveli..
5. Daman and Diu The territories specified in
section 4 of the Goa, Daman and Diu Reorganization Act, 1987.
6. Pondicherry The territories which
immediately before the sixteenth day of August, 1962, were comprised in the
French Establishments in India known as Pondicherry, Karikal, Mahe and Yanam.
7. Chandigarh The territories specified in section 4 of the Punjab Reorganization Act, 1966.
Second Schedule
[Articles 59(3), 65(3), 75(6), 97, 125,
148(3), 158(3), 164(5),186 and 221
PART A
PROVISIONS AS TO THE PRESIDENT AND
THE GOVERNORS OF STATES ***
1. There shall be paid to the President and to
the Governors of the States *** the following emoluments per mensem, that is to
say:�
The President 10,000 rupees
The Governor of a State 5,500
rupees
2. There shall also be paid to the President
and to the Governors of the States *** such allowances as were payable
respectively to the Governor-General of the Dominion of India and to the
Governors of the corresponding Provinces immediately before the commencement of
this Constitution.
3. The President and the Governors of the
States throughout their respective terms of office shall be entitled to the
same privileges to which the Governor-General and the Governors of the
corresponding Provinces were respectively entitled immediately before the
commencement of this Constitution.
4. While the Vice-President or any other
person is discharging the functions of, or is acting as, President, or any
person is discharging the functions of the Governor, he shall be entitled to
the same emoluments, allowances and privileges as the President or the Governor
whose functions he discharges or for whom he acts, as the case may be.
***
PART C
PROVISIONS AS TO THE SPEAKER AND THE DEPUTY
SPEAKER OF THE HOUSE OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF
THE COUNCIL OF STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE LEGISLATIVE
ASSEMBLY *** AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL
OF A STATE.
7. There shall be paid to the Speaker of the
House of the People and the Chairman of the Council of States such salaries and
allowances as were payable to the Speaker of the Constituent Assembly of the
Dominion of India immediately before the commencement of this Constitution, and
there shall be paid to the Deputy Speaker of the House of the People and to the
Deputy Chairman of the Council of States such salaries and allowances as were
payable to the Deputy Speaker of the Constituent Assembly of the Dominion of
India immediately before such commencement.
8. There shall be paid to the Speaker and the
Deputy Speaker of the Legislative Assembly *** and to the Chairman and the
Deputy Chairman of the Legislative Council of a State .such salaries and
allowances as were payable respectively to the Speaker and the Deputy Speaker
of the Legislative Assembly and the President and the Deputy President of the
Legislative Council of the corresponding Province immediately before the
commencement of this Constitution and, where the corresponding Province had no
Legislative Council immediately before such commencement, there shall be paid
to the Chairman and the Deputy Chairman of the Legislative Council of the State
such salaries and allowances as the Governor of the State may determine.
PART D
PROVISIONS AS TO THE JUDGES OF THE SUPREME
COURT AND OF THE HIGH COURTS ***
9. (1) There shall be paid to the Judges of
the Supreme Court, in respect of time spent on actual service, salary at the
following rates per mensem, that is to say:�
The Chief Justice 10,000 rupees
Any other Judge 9,000 rupees:
Provided that if a Judge of the Supreme Court at
the time of his appointment is in receipt of a pension (other than a disability
or wound pension) in respect of any previous service under the Government of
India or any of its predecessor Governments or under the Government of a State
or any of its predecessor Governments, his salary in respect of service in the
Supreme Court shall be reduced�
(a) by the amount of that pension, and
(b) if he has, before such appointment,
received in lieu of a portion of the pension due to him in respect of such
previous service the commuted value thereof, by the amount of that portion of
the pension, and
(c) if he has, before such appointment,
received a retirement gratuity in respect of such previous service, by the
pension equivalent of that gratuity.
(2) Every Judge of the Supreme Court shall be
entitled without payment of rent to the use of an official residence.
(3) Nothing in sub-paragraph (2) of this
paragraph shall apply to a Judge who, immediately before the commencement of
this Constitution,�
(a) was holding office
as the Chief Justice of the Federal Court and has become on such commencement
the Chief Justice of the Supreme Court under clause (1) of article 374, or
(b) was holding office
as any other Judge of the Federal Court and has on such commencement become a
Judge (other than the Chief Justice) of the Supreme Court under the said clause,
during the period he holds office as such Chief Justice or other Judge,
and every Judge who so becomes the Chief Justice or other Judge of the Supreme
Court shall, in respect of time spent on actual service as such Chief Justice
or other Judge, as the case may be, be entitled to receive in addition to the
salary specified in sub-paragraph (1) of this paragraph as special pay an
amount equivalent to the difference between the salary so specified and the
salary which he was drawing immediately before such commencement.
(4) Every Judge of the Supreme Court shall
receive such reasonable allowances to reimburse him for expenses incurred in
traveling on duty within the territory of India and shall be afforded such
reasonable facilities in connection with traveling as the President may from
time to time prescribe.
(5) The rights in respect of leave of absence
(including leave allowances) and pension of the Judges of the Supreme Court
shall be governed by the provisions which, immediately before the commencement
of this Constitution, were applicable to the Judges of the Federal Court.
10. (1). There shall be paid to the Judges of
High Courts, in respect of time spent on actual service, salary at the
following rates per mensem, that is to say,�
The Chief Justice 9,000 rupees
Any other Judge 8,000 rupees:
Provided that if a Judge of a High Court at the
time of his appointment is in receipt of a pension (other than a disability or
wound pension) in respect of any previous service under the Government of India
or any of its predecessor Governments or under the Government of a State or any
of its predecessor Governments, his salary in respect of service in the High
Court shall be reduced�
(a) by the amount of that pension, and
(b) if he has, before such appointment,
received in lieu of a portion of the pension due to him in respect of such
previous service the commuted value thereof, by the amount of that portion of
the pension, and
(c) if he has, before such appointment,
received a retirement gratuity in respect of such previous service, by the
pension equivalent of that gratuity.
(2) Every person who immediately before the
commencement of this Constitution�
(a) was holding office
as the Chief Justice of a High Court in any Province and has on such
commencement become the Chief Justice of the High Court in the corresponding
State under clause (1) of article 376, or
(b) was holding office
as any other Judge of a High Court in any Province and has on such commencement
become a Judge (other than the Chief Justice) of the High Court in the
corresponding State under the said clause, shall, if he was immediately
before such commencement drawing a salary at a rate higher than that specified
in sub-paragraph (1) of this paragraph, be entitled to receive in respect of
time spent on actual service as such Chief Justice or other Judge, as the case
may be, in addition to the salary specified in the said sub-paragraph as
special pay an amount equivalent to the difference between the salary so
specified and the salary which he was drawing immediately before such
commencement.
(3) Any person who, immediately before the
commencement of the Constitution (Seventh Amendment) Act, 1956, was holding
office as the Chief Justice of the High Court of a State specified in Part B of
the First Schedule and has on such commencement become the Chief Justice of the
High Court of a State specified in the said Schedule as amended by said Act,
shall, if he was immediately before such commencement drawing any amount as
allowance in addition to his salary, be entitled to receive in respect of time
spent on actual service as such Chief Justice, the same amount as allowance in
addition to the salary specified in sub-paragraph (1) of this paragraph.
11. In this Part, unless the context otherwise
requires�
(a) the expression
�Chief Justice� includes an acting Chief Justice, and a �Judge� includes an ad
hoc Judge;
(b) �actual service�
includes�
(i) time spent by a
Judge on duty as a Judge or in the performance of such other functions as he
may at the request of the President undertake to discharge;
(ii) vacations,
excluding any time during which the Judge is absent on leave; and
(iii) joining time on
transfer from a High Court to the Supreme Court or from one High Court to
another.
PART E
PROVISIONS AS TO THE COMPTROLLER AND
AUDITOR-GENERAL OF INDIA
12. (1) There shall be paid to the Comptroller
and Auditor-General of India a salary at the rate of four thousand2 rupees per
mensem,
(2) The person who was
holding office immediately before the commencement of this Constitution as
Auditor-General of India and has become on such commencement the Comptroller and
Auditor-General of India under article 377 shall in addition to the salary
specified in sub-paragraph (1) of this paragraph be entitled to receive as
special pay an amount equivalent to the difference between the salary so
specified and the salary which he was drawing as Auditor-General of India
immediately before such commencement.
(3) The rights in respect of leave of absence and pension and the other conditions of service of the Comptroller and Auditor-General of India shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the Auditor-General of India immediately before the commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President.
Third Schedule
[Articles 75(4), 99, 124(6), 148(2), 164(3),
188 and 2191
Forms of Oaths or Affirmations
I
Form of oath of office for a Minister for the
Union:
�I, A.B., do that I will bear true faith and
allegiance to the Constitution of India as by law established, that I will
uphold the sovereignty and integrity of India that I will faithfully and
conscientiously discharge my duties as a Minister for the Union and that I will
do right to all manner of people in accordance with the Constitution and the
law, without fear or favor, affection or ill-will.�
II
Form of oath of secrecy for a Minister for the
Union:
�I, A.B., do that I will not directly or
indirectly communicate or reveal to any person or persons any matter which
shall be brought under my consideration or shall become known to me as a
Minister for the Union except as may be required for the due discharge of
my-duties as such Minister.�
III
A
Form of oath or affirmation to be made by a
candidate for election to Parliament:
�I, A.B., having been nominated as a candidate
to fill a seat in the Council of States (or the House of the People) do . that
I will bear true faith and allegiance to the Constitution of India as by law
established and that I will uphold the sovereignty and integrity of India.�
B
Form of oath or affirmation to be made by a
member of Parliament:
�I, A.B., having been elected (or nominated) a
member of the Council of States (or the House of the People) do that I will
bear true faith and allegiance to the Constitution of India as by law
established, that I will uphold the sovereignty and integrity of India and that
I will faithfully discharge the duty upon which I am about to
enter.�
IV
Form of oath or affirmation to be made by the
Judges of the Supreme Court and the Comptroller and Auditor-General of
India:
�I, A.B., having been appointed Chief Justice
(or a Judge) of the Supreme Court of India (or Comptroller and Auditor-General
of India) do that I will bear true faith and allegiance to the Constitution of
India as by law established, that I will uphold the sovereignty and integrity
of India, that I will duly and faithfully and to the best of my ability,
knowledge and judgment perform the duties of my office without fear or favor,
affection or ill-will and that I will uphold the Constitution and the
laws.�
V
Form of oath of office for a Minister for a
State:
�I, A.B., do that I will bear true faith and
allegiance to the Constitution of India as by law established, that I will
uphold the sovereignty and integrity of India, that I will faithfully and
conscientiously discharge my duties as a Minister for the State
of................... and that I will do right to all manner of people in
accordance with the Constitution and the law without fear or favor, affection
or ill-will.�
VI
Form of oath of secrecy for a Minister for a
State:
�I, A.B., do that I will not directly or
indirectly communicate or reveal to any person or persons any matter which
shall be brought under my consideration or shall become known to me as a
Minister for the State of.................... except as may be required for the
due discharge of my duties as such Minister.�
VII A
Form of oath or affirmation to be made by a
candidate for election to the Legislature of a State:
�I, A.B., having been nominated as a candidate
to fill a seat in Legislative Assembly (or Legislative Council) , do that I
will bear true faith and allegiance to the Constitution of India as by law
established and that I will uphold the sovereignty and integrity of
India.�
B
Form of oath or affirmation to be made by a
member of the Legislature of a State:
�I, A.B., having been elected (or nominated) a
member of the Legislative Assembly (or Legislative Council), do that I will
bear true faith and allegiance to the Constitution of India as by law
established, that I will uphold the sovereignty and integrity of India and that
I will faithfully discharge the duty upon which I am about to enter.�
VIII
Form of oath or affirmation to be made by the
Judges of a High Court:
�I, A.B., having been appointed Chief Justice (or a Judge) of the High Court at (or of)........do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge, and judgment perform the duties of my office without fear or favor, affection or ill-will and that I will uphold the Constitution and the laws.
Fourth Schedule
[Articles 4(1) and 80(2)
Allocation of seats in the Council of
States
For each State or Union territory specified in
the first column of the following table, there shall be allotted the number of
seats specified in the second column thereof opposite to that State or that
Union territory, as the case may be.
Table
1. Andhra Pradesh 18
2. Assam 7
3. Bihar 22
4. Goa 1
5. Gujarat 11
6. Haryana 5
7. Kerala 9
8. Madhya Pradesh 16
9. Tamil Nadu 18
10. Maharashtra 19
11. Karnataka 12
12. Orissa 10
13. Punjab 7
14. Rajasthan 10
15. Uttar Pradesh 34
16. West Bengal 16
17. Jammu and Kashmir 4
18. Nagaland 1
19. Himachal Pradesh 3
20. Manipur 1
21. Tripura 1
22. Meghalaya 1
23. Sikkim 1
24. Mizoram 1
25. Arunachal Pradesh 1
26. Delhi 3
27. Pondicherry. 1
***
***
Total 233
Fifth Schedule
[Article 244(1)
Provisions as to the Administration and
Control of Scheduled Areas and Scheduled Tribes
PART A
General
1. Interpretation.�
In this Schedule, unless the context otherwise
requires, the expression �State� *** does not include the States of Assam ,
Meghalaya, Tripura and Mizoram.
2. Executive power of a State in Scheduled
Areas.�
Subject to the provisions of this Schedule,
the executive power of a State extends to the Scheduled Areas therein.
3. Report by the Governor *** to the President
regarding the administration of Scheduled Areas.�
The Governor *** of each State having
Scheduled Areas therein shall annually, or whenever so required by the
President, make a report to the President regarding the administration of the Scheduled
Areas in that State and the executive power of the Union shall extend to the
giving of directions to the State as to the administration of the said
areas.
PART B
ADMINISTRATION AND CONTROL OF SCHEDULED AREAS
AND SCHEDULED TRIBES
4. Tribes Advisory Council.�
(1) There shall be established in each State
having Scheduled Areas therein and, if the President so directs, also in any
State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory
Council consisting of not more than twenty members of whom, as nearly as may be,
three-fourths shall be the representatives of the Scheduled Tribes in the
Legislative Assembly of the State:
Provided that if the number of representatives
of the Scheduled Tribes in the Legislative Assembly of the State is less than
the number of seats in the Tribes Advisory Council to be filled by such
representatives, the remaining seats shall be filled by other members of those
tribes.
(2) It shall be the duty of the Tribes
Advisory Council to advise on such matters pertaining to the welfare and
advancement of the Scheduled Tribes in the State as may be referred to them by
the Governor ***.
(3) The Governor *** may make rules
prescribing or regulating, as the case may be,
(a) the number of
members of the Council, the mode of their appointment and the appointment of
the Chairman of the Council and of the officers and servants
thereof,
(b) the conduct of its
meetings and its procedure in general; and
(c) all other
incidental matters.
5. Law applicable to Scheduled Areas.�
(1) Notwithstanding anything in this
Constitution, the Governor *** may by public notification direct that any
particular Act of Parliament or of the Legislature of the State shall not apply
to a Scheduled Area or any part thereof in the State or shall apply to a
Scheduled Area or any part thereof in the State subject to such exceptions and
modifications as he may specify in the notification and any direction given
under this sub-paragraph may be given so as to have retrospective
effect.
(2) The Governor *** may make regulations for
the peace and good government of any area in a State which is for the time
being a Scheduled Area.
In particular and without prejudice to the generality
of the foregoing power, such regulations may�
(a) prohibit or
restrict the transfer of land by or among members of the Scheduled Tribes in
such area;
(b) regulate the
allotment of land to members of the Scheduled Tribes in such area;
(c) regulate the
carrying on of business as money-lender by persons who lend money to members of
the Scheduled Tribes in such area.
(3) In making any such regulation as is
referred to in sub-paragraph (2) of this paragraph, the Governor *** may repeal
or amend any Act of Parliament or of the Legislature of the State or any
existing law which is for the time being applicable to the area in
question.
(4) All regulations made under this paragraph
shall be submitted forthwith to the President and, until assented to by him,
shall have no effect.
(5) No regulation shall be made under this
paragraph unless the Government *** making the regulation has, in the case
where there is a Tribes Advisory Council for the State, consulted such
Council.
PART C
SCHEDULED AREAS
6. Scheduled Areas.
(1) In this Constitution, the expression
�Scheduled Areas� means such areas as the President may by order2 declare to be
Scheduled Areas.
(2) The President may at any time by
order2�
(a) direct that the
whole or any specified part of a Scheduled Area shall cease to be a Scheduled
Area or a part of such an area;
(aa) increase the area
of any Scheduled Area in a State after consultation with the Governor of that
State;
(b) alter, but only by
way of rectification of boundaries, any Scheduled Area;
(c) on any alteration
of the boundaries of a State or on the admission into the Union or the
establishment of a new State, declare any territory not previously included in
any State to be, or to form part of, a Scheduled Area;
(d) rescind, in
relation to any State or States, any order or orders made under this paragraph,
and in consultation with the Governor of the State concerned, make fresh orders
redefining the areas which are as to be Scheduled Areas, and any such
order may contain such incidental and consequential provisions as appear to the
President to be necessary and proper, but save as aforesaid, the order made
under sub-paragraph (1) of this paragraph shall not be varied by any subsequent
order.
PART D
AMENDMENT OF THE SCHEDULE
7. Amendment of the Schedule.�
(1) Parliament may from time to time by law
amend by way of addition, variation or repeal any of the provisions of this
Schedule and, when the Schedule is so amended, any reference to this Schedule
in this Constitution shall be construed as a reference to such Schedule as so
amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368.
Sixth Schedule
[Articles 244(2) and 275(1)
Provisions as to the Administration of Tribal
Areas in the States of Assam, Meghalaya, Tripura and Mizoram
1. Autonomous districts and autonomous
regions.�
(1) Subject to the provisions of this
paragraph, the tribal areas in each item of Parts I, II and IIA and in Part III
of the table appended to paragraph 20 of this Schedule shall be an autonomous
district.
(2) If there are different Scheduled Tribes in
an autonomous district, the Governor may, by public notification, divide the
area or areas inhabited by them into autonomous regions.
(3) The Governor may, by public
notification,�
(a) include any area
in any of the Parts of the said table,
(b) exclude any area
from any of the Parts of the said table,
(c) create a new
autonomous district,
(d) increase the area
of any autonomous district,
(e) diminish the area
of any autonomous district,
(f) unite two or more
autonomous districts or parts thereof so as to form one autonomous
district,
(ff) alter the name of
any autonomous district,
(g) define the
boundaries of any autonomous district:
Provided that no order shall be made by the
Governor under clauses (c), (d), (e) and (f) of this sub-paragraph except after
consideration of the report of a Commission appointed under sub-paragraph (1)
of paragraph 14 of this Schedule:
Provided further that any order made by the
Governor under this sub-paragraph may contain such incidental and consequential
provisions (including any amendment of paragraph 20 and of any item in any of
the Parts of the said table) as appear to the Governor to be necessary for
giving effect to the provisions of the order.
2. Constitution of District Councils and
Regional Councils.�
(1) There shall be a District Council for each
autonomous district consisting of not more than thirty members, of whom not
more than four persons shall be nominated by the Governor and the rest shall be
elected on the basis of adult suffrage.
(2) There shall be a separate Regional Council
for each area constituted an autonomous region under sub-paragraph (2) of
paragraph 1 of this Schedule.
(3) Each District Council and each Regional Council
shall be a body corporate by the name respectively of �the District Council of
(name of district)� and �the Regional Council of (name of region)�, shall have
perpetual succession and a common seal and shall by the said name sue and be
sued.
(4) Subject to the provisions of this
Schedule, the administration of an autonomous district shall, in so far as it
is not vested under this Schedule in any Regional Council within such district,
be vested in the District Council for such district and the administration of
an autonomous region shall be vested in the Regional Council for such
region.
(5) In an autonomous district with Regional
Councils, the District Council shall have only such powers with respect to the
areas under the authority of the Regional Council as may be delegated to it by
the Regional Council in addition to the powers conferred on it by this Schedule
with respect to such areas.
(6) The Governor shall make rules for the
first constitution of District Councils and Regional Councils in consultation
with the existing tribal Councils or other representative tribal organizations
within the autonomous districts or regions concerned, and such rules shall
provide for�
(a) the composition of
the District Councils and Regional Councils and the allocation of seats
therein;
(b) the delimitation
of territorial constituencies for the purpose of elections to those
Councils;
(c) the qualifications
for voting at such elections and the preparation of electoral rolls
therefor;
(d) the qualifications
for being elected at such elections as members of such Councils;
(e) the term of office
of members of Regional Councils;
(f) any other matter
relating to or connected with elections or nominations to such
Councils;
(g) the procedure and
the conduct of business including the power to act notwithstanding any vacancy
in the District and Regional Councils;
(h) the appointment of
officers and staff of the District and Regional Councils.
(6A) The elected members of the District Council
shall hold office for a term of five years from the date appointed for the
first meeting of the Council after the general elections to the Council, unless
the District Council is sooner dissolved under paragraph 16 and a nominated
member shall hold office at the pleasure of the Governor:
Provided that the said period of five years may,
while a Proclamation of Emergency is in operation or if circumstances exist
which, in the opinion of the Governor, render the holding of elections impracticable,
be extended by the Governor for a period not exceeding one year at a time and
in any case where a Proclamation of Emergency is in operation not extending
beyond a period of six months after the Proclamation has ceased to
operate:
Provided further that a member elected to fill a
casual vacancy shall hold office only for the remainder of the term of office
of the member whom he replaces.
(7) The District or the Regional Council may
after its first constitution make rules with the approval of the Governor with
regard to the matters specified in sub-paragraph (6) of this paragraph and may
also make rules with like approval regulating�
(a) the formation of
subordinate local Councils or Boards and their procedure and the conduct of
their business; and
(b) generally all
matters relating to the transaction of business pertaining to the
administration of the district or region, as the case may be:
Provided that until rules are made by the
District or the Regional Council under this sub-paragraph the rules made by the
Governor under sub-paragraph (6) of this paragraph shall have effect in respect
of elections to, the officers and staff of, and the procedure and the conduct
of business in, each such Council.
***
3. Powers of the District Councils and
Regional Councils to make laws.�
(1) The Regional Council for an autonomous
region in respect of all areas within such region and the District Council for
an autonomous district in respect of all areas within the district except those
which are under the authority of Regional Councils, if any, within the district
shall have power to make laws with respect to�
(a) the allotment,
occupation or use, or the setting apart, of land, other than any land which is
a reserved forest for the purposes of agriculture or grazing or for residential
or other non-agricultural purposes or for any other purpose likely to promote
the interests of the inhabitants of any village or town:
Provided that nothing in such
laws shall prevent the compulsory acquisition of any land, whether occupied or
unoccupied, for public purposes by the Government of the State concerned in
accordance with the law for the time being in force authorizing such
acquisition;
(b) the management of
any forest not being a reserved forest;
(c) the use of any
canal or water-course for the purpose of agriculture;
(d) the regulation of
the practice of jhum or other forms of shifting cultivation;
(e) the establishment of
village or town committees or councils and their powers;
(f) any other matter
relating to village or town administration, including village or town police
and public health and sanitation;
(g) the appointment or
succession of Chiefs or Headmen;
(h) the inheritance of
property;
(i) marriage and
divorce;
(j) social
customs.
(2) In this paragraph, a �reserved forest�
means any area which is a reserved forest under the Assam Forest Regulation,
1891, or under any other law for the time being in force in the area in
question.
(3) All laws made under this paragraph shall
be submitted forthwith to the Governor and, until assented to by him, shall
have no effect.
4. Administration of justice in autonomous
districts and autonomous regions.�
(1) The Regional Council for an autonomous
region in respect of areas within such region and the District Council for an
autonomous district in respect of areas within the district other than those
which are under the authority of the Regional Councils, if any, within the
district may constitute village councils or courts for the trial of suits and
cases between the parties all of whom belong to Scheduled Tribes within such
areas, other than suits and cases to which the provisions of sub-paragraph (1)
of paragraph 5 of this Schedule apply, to the exclusion of any court in the
State, and may appoint suitable persons to be members of such village councils
or presiding officers of such courts, and may also appoint such officers as may
be necessary for the administration of the laws made under paragraph 3 of this
Schedule.
(2) Notwithstanding anything in this
Constitution, the Regional Council for an autonomous region or any court
constituted in that behalf by the Regional Council or, if in respect of any
area within an autonomous district there is no Regional Council, the District
Council for such district, or any court constituted in that behalf by the
District Council, shall exercise the powers of a court of appeal in respect of
all suits and cases triable by a village council or court constituted under
sub-paragraph (1) of this paragraph within such region or area, as the case may
be, other than those to which the provisions of sub-paragraph (1) of paragraph 5
of this Schedule apply, and no other court except the High Court and the Supreme
Court shall have jurisdiction over such suits or cases.
(3) The High Court *** shall have and exercise
such jurisdiction over the suits and cases to which the provisions of
sub-paragraph (2) of this paragraph apply as the Governor may from time to time
by order specify.
(4) A Regional Council or District Council, as
the case may be, may with the previous approval of the Governor make rules
regulating�
(a) the constitution of
village councils and courts and the powers to be exercised by them under this
paragraph;
(b) the procedure to
be followed by village councils or courts in the trial of suits and cases under
sub-paragraph (1) of this paragraph;
(c) the procedure to
be followed by the Regional or District Council or any court constituted by
such Council in appeals and other proceedings under sub-paragraph (2) of this
paragraph;
(d) the enforcement of
decisions and orders of such Councils and courts:
(e) all other
ancillary matters for the carrying out of the provisions of sub-paragraphs (1)
and (2) of this paragraph.
(5) On and from such date as the President
may, after consulting the Government of the State concerned, by notification
appoint in this behalf, this paragraph shall have effect in relation to such
autonomous district or region as may be specified in the notification, as
if�
(i) in sub-paragraph
(1), for the words "between the parties all of whom belong to Scheduled
Tribes within such areas, other than suits and cases to which the provisions of
sub-paragraph (1) of paragraph 5 of this Schedule apply,", the words
"not being suits and cases of the nature referred to in sub- paragraph (1)
of paragraph (5) of this Schedule, which the Governor may specify in this
behalf," had been substituted;
(ii) sub-paragraphs
(2) and (3) had been omitted;
(iii) in sub-paragraph
(4)�
(a) for the words
"A Regional Council or District Council, as the case may be, may with the
previous approval of the Governor make rules regulating�, the words "the
Governor may make rules regulating� had been substituted; and
(b) for clause (a),
the following clause had been substituted, namely:�
(a) the constitution
of village councils and courts, the powers to be exercised by them under this
paragraph and the courts to which appeals from the decisions of village
councils and courts shall lie;"
(c) for clause (c),
the following clause had been substituted, namely:�
"(c) the transfer
of appeals and other proceedings pending before the Regional or District
Council or any court constituted by such Council immediately before the date
appointed by the President under sub-paragraph (5);" and
(d) in clause (e), for
the words, brackets and figures "sub-paragraphs (1) and (2)", the
word, brackets and figure "sub-paragraph (1)" had been
substituted.
5. Conferment of powers under the Code of
Civil Procedure, 1908, and the Code of Criminal Procedure, 1898,1 on the
Regional and District Councils and on certain courts and officers for the trial
of certain suits, cases and offences.�
(1) The Governor may, for the trial of suits
or cases arising out of any law in force in any autonomous district or region
being a law specified in that behalf by the Governor, or for the trial of
offences punishable with death, transportation for life, or imprisonment for a
term of not less than five years under the Indian Penal Code or under any other
law for the time being applicable to such district or region, confer on the
District Council or the Regional Council having authority over such district or
region or on courts constituted by such District Council or on any officer
appointed in that behalf by the Governor, such powers under the Code of Civil
Procedure, 1908, or, as the case may be, the Code of Criminal Procedure, 18981,
as he deems appropriate, and thereupon the said Council, court or officer shall
try the suits, cases or offences in exercise of the powers so
conferred.
(2) The Governor may withdraw or modify any of
the powers conferred on a District Council, Regional Council, court or officer
under sub-paragraph (1) of this paragraph.
(3) Save as expressly provided in this
paragraph, the Code of Civil Procedure, 1908, and the Code of Criminal
Procedure, 18981, shall not apply to the trial of any suits, cases or offences
in an autonomous district or in any autonomous region to which the provisions
of this paragraph apply.
(4) On and from the date appointed by the
President under sub-paragraph (5) of paragraph 4 in relation to any autonomous
district or autonomous region, nothing contained in this paragraph shall, in
its application to that district or region, be deemed to authorize the Governor
to confer on the District Council or Regional Council or on courts constituted
by the District Council any of the powers referred to in sub-paragraph (1) of
this paragraph.
6. Powers of the District Council to establish
primary schools, etc.�
(1) The District Council for an autonomous
district may establish, construct, or manage primary schools, dispensaries,
markets, cattle pounds, ferries, fisheries, roads, road transport and waterways
in the district and may, with the previous approval of the Governor, make
regulations for the regulation and control thereof and, in particular, may
prescribe the language and the manner in which primary education shall be
imparted in the primary schools in the district.
(2) The Governor may, with the consent of any
District Council, entrust either conditionally or unconditionally to that
Council or to its officers functions in relation to agriculture, animal
husbandry, community projects, co-operative societies, social welfare, village
planning or any other matter to which the executive power of the State ***
extends.
7. District and Regional Funds.�
(1) There shall be constituted for each
autonomous district, a District Fund for each autonomous region, a Regional
Fund to which shall be credited all moneys received respectively by the
District Council for that district and the Regional Council for that region in
the course of the administration of such district or region, as the case may
be, in accordance with the provisions of this Constitution.
(2) The Governor may make rules for the management
of the District Fund, or, as the case may be, the Regional Fund and for the
procedure to be followed in respect of payment of money into the said Fund, the
withdrawal of moneys there from, the custody of moneys therein and any other
matter connected with or ancillary to the matters aforesaid.
(3) The accounts of the District Council or,
as the case may be, the Regional Council shall be kept in such form as the
Comptroller and Auditor-General of India may, with the approval of the
President, prescribe.
(4) The Comptroller and Auditor-General shall
cause the accounts of the District and Regional Councils to be audited in such
manner as he may think fit, and the reports of the Comptroller and Auditor
General relating to such accounts shall be submitted to the Governor who shall
cause them to be laid before the Council.
8. Powers to assess and collect land revenue
and to impose taxes.�
(1) The Regional Council for an autonomous
region in respect of all lands within such region and the District Council for
an autonomous district in respect of all lands within the district except those
which are in the areas under the authority of Regional Councils, if any, within
the district, shall have the power to assess and collect revenue in respect of
such lands in accordance with the principles for the time being followed by the
Government of the
State in assessing lands for the purpose of
land revenue in the State generally.
(2) The Regional Council for an autonomous
region in respect of areas within such region and the District Council for an
autonomous district in respect of all areas in the district except those which
are under the authority of Regional Councils, if any, within the district,
shall have power to levy and collect taxes on lands and buildings, and tolls on
persons, resident within such areas.
(3) The District Council for an autonomous
district shall have the power to levy and collect all or any of the following
taxes within such district, that is to say�
(a) taxes on professions,
trades, callings and employments;
(b) taxes on animals,
vehicles and boats;
(c) taxes on the entry
of goods into a market for sale therein, and tolls on passengers and goods
carried in ferries; and
(d) taxes for the
maintenance of schools, dispensaries or roads.
(4) A Regional Council or District Council, as
the case may be, may make regulations to provide for levy and collection of any
of the taxes specified in sub-paragraphs (2) and (3) of this paragraph and
every such regulation shall be submitted forthwith to the Governor and, until
assented to by him, shall have no effect.
39. Licenses or leases for the purpose of
prospecting for, or extraction of, minerals.�
(1) Such share of the royalties accruing each year
from licenses or leases for the purpose of prospecting for, or the extraction
of, minerals granted by the Government of the State in respect of any area
within an autonomous district as may be agreed upon between the Government of
the State and the District Court of such district shall be made over to that
District Council.
(2) If any dispute arises as to the share of
such royalties to be made over to a District Council, it shall be referred to
the Governor for determination and the amount determined by the Governor in his
discretion shall be deemed to be the amount payable under sub-paragraph (1) of
this paragraph to the District Council and the decision of the Governor shall
be final.
310. Power of District Council to make
regulations for the control of money-lending and trading by non-tribals.�
(1) The District Council of an autonomous
district may make regulations for the regulation and control of money-lending
or trading within the district by persons other than Scheduled Tribes resident
in the district.
(2) In particular and without prejudice to the
generality of the foregoing power, such regulations may�
(a) prescribe that no
one except the holder of a license issued in that behalf shall carry on the
business of money-lending;
(b) prescribe the
maximum rate of interest which may be charged or be recovered by a
money-lender;
(c) provide for the
maintenance of accounts by money-lenders and for the inspection of such
accounts by officers appointed in that behalf by the District Council;
(d) prescribe that no
person who is not a member of the Scheduled Tribes resident in the district
shall carry on wholesale or retail business in any commodity except under a
license issued in that behalf by the District Council:
Provided that no regulations may be made under
this paragraph unless they are passed by a majority of not less than
three-fourths of the total membership of the District Council:
Provided further that it shall not be competent
under any such regulations to refuse the grant of a license to a money-lender
or a trader who has been carrying on business within the district since before
the time of making of such regulations.
(3) All regulations made under this paragraph
shall be submitted forthwith to the Governor and, until assented to by him,
shall have no effect.
11. Publication of laws, rules and regulations
made under the Schedule.�
All laws, rules and regulations made under
this Schedule by a District Council or a Regional Council shall be published
forthwith in the Official Gazette of the State and shall on such publication
have the force of law.
112. Application of Acts of Parliament and of
the Legislature of the State of Assam to autonomous districts and autonomous
regions in the State of Assam.
(1) Notwithstanding anything in this
Constitution�
(a) no Act of the
Legislature of the State of Assam in respect of any of the matters specified in
paragraph 3 of this Schedule as matters with respect to which a District
Council or a Regional Council may make laws, and no Act of the Legislature of
the State of Assam prohibiting or restricting the consumption of any
non-distilled alcoholic liquor shall apply to any autonomous district or
autonomous region in the State unless in either case the District Council for
such district or having jurisdiction over such region by public notification so
directs, and the District Council in giving such direction with respect to any
Act may direct that the Act shall in its application to such district or region
or any part thereof have effect subject to such exceptions or modifications as
it thinks fit;
(b) the Governor may,
by public notification, direct that any Act of Parliament or of the Legislature
of the State of Assam to which the provisions of clause (a) of this
sub-paragraph do not apply shall not apply to an autonomous district or an
autonomous region in that State, or shall apply to such district or region or
any part thereof subject to such exceptions or modifications as he may specify
in the notification.
(2) Any direction given under sub-paragraph (1)
of this paragraph may be given so as to have retrospective effect.
12A. Application of Acts of Parliament and of the Legislature of the State of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya.
Notwithstanding anything in this
Constitution,�
(a) if any provision
of a law made by a District or Regional Council in the State of Meghalaya with respect
to any matter specified in sub-paragraph (1) of paragraph 3 of this Schedule or
if any provision of any regulation made by a District Council or a Regional
Council in that State under paragraph 8 or paragraph 10 of this Schedule, is
repugnant to any provision of a law made by the Legislature of the State of
Meghalaya with respect to that matter, then, the law or regulation made by the
District Council or, as the case may be, the Regional Council whether made
before or after the law made by the Legislature of the State of Meghalaya,
shall, to the extent of repugnancy, be void and the law made by the Legislature
of the State of Meghalaya shall prevail;
(b) the President may,
with respect to any Act of Parliament, by notification, direct that it shall
not apply to an autonomous district or an autonomous region in the State of
Meghalaya, or shall apply to such district or region or any part thereof
subject to such exceptions or modifications as he may specify in the
notification and any such direction may be given so as to have retrospective
effect.
12AA. Application of Acts of Parliament and of
the Legislature of the State of Tripura to the autonomous district and
autonomous regions in the State of Tripura.�
Notwithstanding anything in this Constitution�
(a) no Act of the
Legislature of the State of Tripura in respect of any of the matters specified
in paragraph 3 of this Schedule as matters with respect to which a District
Council or a Regional Council may make laws, and no Act of the Legislature of
the State of Tripura prohibiting or restricting the consumption of any
non-distilled alcoholic liquor shall apply to the autonomous district or an
autonomous region in that State unless, in either case, the District Council
for that district or having jurisdiction over such region by public
notification so directs, and the District Council in giving such direction with
respect to any Act direct that the Act shall, in its application to that
district or such region or any part thereof, have effect subject to such
exceptions or modifications as it thinks fit;
(b) the Governor may,
by public notification, direct that any Act of the Legislature of the State of
Tripura to which the provisions of clause (a) of this sub-paragraph do not
apply, shall not apply to the autonomous district or an autonomous region in
that State, or shall apply to that district or such region, or any part
thereof, subject to such exceptions or modifications, as he may specify in the
notification;
(c) the President may,
with respect to any Act of Parliament, by notification, direct that it shall
not apply to the autonomous district or an autonomous region in the State of
Tripura, or shall apply to such district or region or any part thereof, subject
to such exceptions or modifications as he may specify in the notification and
any such direction may be given so as to have retrospective effect.
12B. Application of Acts of Parliament and of
the Legislature of the State of Mizoram to autonomous districts and autonomous regions
in the State of Mizoram.�
Notwithstanding anything in this
Constitution,�
(a) no Act of the Legislature of the State of
Mizoram in respect of any of the matters specified in paragraph 3 of this
Schedule as matters with respect to which a District Council or a Regional
Council may make laws, and no Act of Legislature of the State of Mizoram
prohibiting or restricting the consumption of any non-distilled alcoholic
liquor shall apply to any autonomous district or autonomous region in that
State unless, in either case, the District Council for such district or having
jurisdiction over such region, by public notification, so directs, and the
District Council, in giving such direction with respect to any Act, may direct
that the Act shall, in its application to such district or region or any part
thereof, have effect subject to such exceptions or modifications as it thinks
fit;
(b) the Governor may, by public notification,
direct that any Act of the Legislature of the State of Mizoram to which the
provisions of clause (a) of this sub-paragraph do not apply, shall not apply to
an autonomous district or an autonomous region in that State, or shall apply to
such district or region, or any part thereof, subject to such exceptions or
modifications, as he may specify in the notification;
(c) the President may, with respect to any Act
of Parliament, by notification, direct that it shall not apply to an autonomous
district or an autonomous region in the State of Mizoram, or shall apply to
such district or region or any part thereof, subject to such exceptions or
modifications as he may specify in the notification and any such direction may
be given so as to have retrospective effect.
13. Estimated receipts and expenditure
pertaining to autonomous districts to be shown separately in the annual
financial statement.�
The estimated receipts and expenditure
pertaining to an autonomous district which are to be credited to, or is to be
made from, the Consolidated Fund of the State *** shall be first placed before
the District Council for discussion and then after such discussion be shown
separately in the annual financial statement of the State to be laid before the
Legislature of the State under article 202.
14. Appointment of Commission to inquire into
and report on the administration of autonomous districts and autonomous
regions.�
(1) The Governor may at any time appoint a
Commission to examine and report on any matter specified by him relating to the
administration of the autonomous districts and autonomous regions in the State,
including matters specified in clauses (c), (d), (e) and (f) of sub-paragraph
(3) of paragraph 1 of this Schedule, or may appoint a Commission to inquire
into and report from time to time on the administration of autonomous districts
and autonomous regions in the State generally and in particular on�
(a) the provision of
educational and medical facilities and communications in such districts and
regions;
(b) the need for any
new or special legislation in respect of such districts and regions;
and
(c) the administration
of the laws, rules and regulations made by the District and Regional
Councils;
and define the
procedure to be followed by such Commission.
(2) The report of every such Commission with
the recommendations of the Governor with respect thereto shall be laid before
the Legislature of the State by the Minister concerned together with an
explanatory memorandum regarding the action proposed to be taken thereon by the
Government of the State.
(3) In allocating the business of the
Government of the State among his Ministers the Governor may place one of his
Ministers specially in charge of the welfare of the autonomous districts and
autonomous regions in the State.
15. Annulment or suspension of acts and
resolutions of District and Regional Councils.�
(1) If at any time the Governor is satisfied
that an act or resolution of a District or a Regional Council is likely to
endanger the safety of India or is likely to be prejudicial to public order, he
may annul or suspend such act or resolution and take such steps as he may
consider necessary (including the suspension of the Council and the assumption
to himself of all or any of the powers vested in or exercisable by the Council)
to prevent the commission or continuance of such act, or the giving of effect
to such resolution.
(2) Any order made by the Governor under
sub-paragraph (1) of this paragraph together with the reasons therefor shall be
laid before the Legislature of the State as soon as possible and the order
shall, unless revoked by the Legislature of the State, continue in force for a
period of twelve months from the date on which it was so made:
Provided that if and so often as a resolution
approving the continuance in force of such order is passed by the Legislature
of the State, the order shall unless cancelled by the Governor continue in
force for a further period of twelve months from the date on which under this
paragraph it would otherwise have ceased to operate.
16. Dissolution of a District or a Regional
Council.�
(1) The Governor may on the recommendation of a
Commission appointed under paragraph 14 of this Schedule by public notification
order the dissolution of a District or a Regional Council, and�
(a) direct that a
fresh general election shall be held immediately for the reconstitution of the
Council, or
(b) subject to the
previous approval of the Legislature of the State assume the administration of
the area under the authority of such Council himself or place the
administration of such area under the Commission appointed under the said
paragraph or any other body considered suitable by him for a period not
exceeding twelve months:
Provided that when an order under clause (a) of
this paragraph has been made, the Governor may take the action referred to in
clause (b) of this paragraph with regard to the administration of the area in
question pending the reconstitution of the Council on fresh general
election:
Provided further that no action shall be taken
under clause (b) of this paragraph without giving the District or the Regional
Council, as the case may be, an opportunity of placing its views before the
Legislature of the State.
(2) If at any time the Governor is satisfied
that a situation has arisen in which the administration of an autonomous
district or region cannot be carried on in accordance with the provisions of
this Schedule, he may, by public notification assume to himself all or any of
the functions or powers vested in or exercisable by the District Council or, as
the case may be, the Regional Council and declare that such functions or powers
shall be exercisable by such person or authority as he may specify in this
behalf, for a period not exceeding six months:
Provided that the Governor may by a further
order or orders extend the operation of the initial order by a period not
exceeding six months on each occasion.
(3) Every order made under sub-paragraph (2)
of this paragraph with the reasons therefor shall be laid before the
Legislature of the State and shall cease to operate at the expiration of thirty
days from the date on which the State Legislature first sits after the issue of
the orders, unless, before the expiry of that period it has been approved by
the State Legislature.
17. Exclusion of areas from autonomous districts in forming constituencies in such districts.�
For the purposes of elections to the
Legislative Assembly of Assam or Meghalaya or Tripura or Mizoram, the Governor may
by order declare that any area within an autonomous district in the State of
Assam or Meghalaya or Tripura or Mizoram, as the case may be, shall not form
part of any constituency to fill a seat or seats in the Assembly reserved for
any such district but shall form part of a constituency to fill a seat or seats
in the Assembly not so reserved to be specified in the order.
***
19. Transitional provisions.�
(1) As soon as possible after the commencement
of this Constitution the Governor shall take steps for the constitution of a
District Council for each autonomous district in the State under this Schedule
and, until a District Council is so constituted for an autonomous district, the
administration of such district shall be vested in the Governor and the
following provisions shall apply to the administration of the areas within such
district instead of the foregoing provisions of this Schedule, namely:�
(a) no Act of
Parliament or of the Legislature of the State shall apply to any such area
unless the Governor by public notification so directs; and the Governor in
giving such a direction with respect to any Act may direct that the Act shall,
in its application to the area or to any specified part thereof, have effect
subject to such exceptions or modifications as he thinks fit;
(b) the Governor may
make regulations for the peace and good government of any such area and any
regulations so made may repeal or amend any Act of Parliament or of the
Legislature of the State or any existing law which is for the time being
applicable to such area.
(2) Any direction given by the Governor under
clause (a) of sub-paragraph (1) of this paragraph may be given so as to have
retrospective effect.
(3) All regulations made under clause (b) of
sub-paragraph (1) of this paragraph shall be submitted forthwith to the
President and, until assented to by him, shall have no effect.
20. Tribal areas.�
(1) The areas specified in Parts I, II ,IIA
and III of the table below shall respectively be the tribal areas within the
State of Assam, the State of Meghalaya , the State of Tripura and the State of
Mizoram.
(2) Any reference in Part I, Part II or Part
III of the table below to any district shall be construed as a reference to the
territories comprised within the autonomous district of that name existing
immediately before the day appointed under clause (b) of section 2 of the
North-Eastern Areas (Reorganization) Act, 1971:
Provided that for the purposes of clauses (e)
and (f) of sub-paragraph (1) of paragraph 3, paragraph 4, paragraph 5,
paragraph 6, sub-paragraph (2), clauses (a), (b), and (d) of sub-paragraph (3)
and sub-paragraph (4) of paragraph 8 and clause (d) of sub-paragraph (2) of
paragraph 10 of this Schedule, no part of the area comprised within the
municipality of Shillong shall be deemed to be within the Khasi Hills District.
(3) The reference in Part IIA in the table
below to the �Tripura Tribal Areas District� shall be construed as a reference
to the territory comprising the tribal areas specified in the First Schedule to
the Tripura Tribal Areas Autonomous District Council Act, 1979.
TABLE
PART I
1. The North Cachar Hills
District.
2. The Karbi Anglong District.
PART II
1. Khasi Hills District.
2. Jaintia Hills District.
3. The Garo Hills District.
PART IIA
Tripura Tribal Areas District.
PART III
***
1. The Chakma District.
2. The Mara District.
3. The Lai District.
20A. Dissolution of the Mizo District
Council.�
(1) Notwithstanding anything in this Schedule,
the District Council of the Mizo District existing immediately before the
prescribed date (hereinafter referred to as the Mizo District Council) shall
stand dissolved and cease to exist.
(2) The Administrator of the Union territory
of Mizoram may, by one or more orders, provide for all or any of the following
matters, namely:�
(a) the transfer, in
whole or in part, of the assets, rights and liabilities of the Mizo District
Council (including the rights and liabilities under any contract made by it) to
the Union or to any other authority;
(b) the substitution
of the Union or any other authority for the Mizo District Council, or the
addition of the Union or any other authority, as a party to any legal
proceedings to which the Mizo District Council is a party;
(c) the transfer or
re-employment of any employees of the Mizo District Council to or by the Union
or any other authority, the terms and conditions of service applicable to such
employees after such transfer or re-employment;
(d) the continuance of
any laws, made by the Mizo District Council and in force immediately before its
dissolution, subject to such adaptations and modifications, whether by way of
repeal or amendment, as the Administrator may make in this behalf, until such
laws are altered, repealed or amended by a competent Legislature or other
competent authority;
(e) such incidental,
consequential and supplementary matters as the Administrator considers
necessary.
Explanation.�In this paragraph and
in paragraph 20B of this Schedule, the expression �prescribed date� means the
date on which the Legislative Assembly of the Union territory of Mizoram is
duly constituted under and in accordance with the provisions of the Government
of Union Territories Act, 1963.
20B. Autonomous regions in the Union territory
of Mizoram to be autonomous districts and transitory provisions consequent
thereto.�
(1) Notwithstanding anything in this
Schedule,�
(a) every autonomous
region existing immediately before the prescribed date in the Union territory
of Mizoram shall, on and from that date, be an autonomous district in that
Union territory (hereafter referred to as the corresponding new district) and
the Administrator thereof may, by one or more orders, direct that such
consequential amendments as are necessary to give effect to the provisions of
this clause shall be made in paragraph 20 of this Schedule (including Part III
of the table appended to that paragraph) and thereupon the said paragraph and
the said Part III shall be deemed to have been amended accordingly;
(b) every Regional
Council of an autonomous region in the Union territory of Mizoram existing
immediately before the prescribed date (hereafter referred to as the existing
Regional Council) shall, on and from that date and until a District Council is
duly constituted for the corresponding new district, be deemed to be the
District Council of that district (hereafter referred to as the corresponding
new District Council).
(2) Every member whether elected or nominated
of an existing Regional Council shall be deemed to have been elected or, as the
case may be, nominated to the corresponding new District Council and shall hold
office until a District Council is duly constituted for the corresponding new district
under this Schedule.
(3) Until rules are made under sub-paragraph
(7) of paragraph 2 and sub-paragraph (4) of paragraph 4 of this Schedule by the
corresponding new District Council, the rules made under the said provisions by
the existing Regional Council and in force immediately before the prescribed
date shall have effect in relation to the corresponding new District Council
subject to such adaptations and modifications as may be made therein by the
Administrator of the Union territory of Mizoram.
(4) The Administrator of the Union territory
of Mizoram may, by one or more orders, provide for all or any of the following
matters, namely:�
(a) the transfer in
whole or in part of the assets, rights and liabilities of the existing Regional
Council (including the rights and liabilities under any contract made by it) to
the corresponding new District Council;
(b) the substitution
of the corresponding new District Council for the existing Regional Council as
a party to the legal proceedings to which the existing Regional Council is a
party;
(c) the transfer or
re-employment of any employees of the existing Regional Council to or by the
corresponding new District Council, the terms and conditions of service
applicable to such employees after such transfer or re-employment;
(d) the continuance of
any laws made by the existing Regional Council and in force immediately before
the prescribed date, subject to such adaptations and modifications, whether by way
of repeal or amendment, as the Administrator may make in this behalf until such
laws are altered, repealed or amended by a competent Legislature or other
competent authority;
(e) such incidental,
consequential and supplementary matters as the Administrator considers
necessary.
20C. Interpretation.�
Subject to any provision made in this behalf,
the provisions of this Schedule shall, in their application to the Union
territory of Mizoram, have effect�
(1) as if references to the Governor and Government
of the State were references to the Administrator of the Union territory
appointed under article 239, references to State (except in the expression
�Government of the State�) were references to the Union territory of Mizoram
and references to the State Legislature were references to the Legislative
Assembly of the Union territory of Mizoram;
(2) as if�
(a) in sub-paragraph
(5) of paragraph 4, the provision for consultation with the Government of the
State concerned had been omitted;
(b) in sub-paragraph
(2) of paragraph 6, for the words �to which the executive power of the State
extends�, the words �with respect to which the Legislative Assembly of the
Union territory of Mizoram has power to make laws� had been substituted;
(c) in paragraph 13,
the words and figures �under article 202� had been omitted.
21. Amendment of the Schedule.�
(1) Parliament may from time to time by law
amend by way of addition, variation or repeal any of the provisions of this
Schedule and, when the Schedule is so amended, any reference to this Schedule
in this Constitution shall be construed as a reference to such Schedule as so
amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368.
Seventh Schedule
(Article 246)
List I�Union List
1. Defense of India and every part thereof
including preparation for defense and all such acts as may be conducive in times
of war to its prosecution and after its termination of effective
demobilization.
2. Naval, military and air forces; any other
armed forces of the Union.
2A. Deployment of any armed force of the Union
or any other force subject to the control of the Union or any contingent or
unit thereof in any State in aid of the civil power; powers, jurisdiction,
privileges and liabilities of the members of such forces while on such
deployment.
3. Delimitation of cantonment areas, local
self-government in such areas, the constitution and powers within such areas of
cantonment authorities and the regulation of house accommodation (including the
control of rents) in such areas.
4. Naval, military and air force
works.
5. Arms, firearms, ammunition and
explosives.
6. Atomic energy and mineral resources
necessary for its production.
7. Industries declared by Parliament by law to
be necessary for the purpose of defense or for the prosecution of
war.
8. Central Bureau of Intelligence and Investigation.
9. Preventive detention for reasons connected
with Defense, Foreign Affairs, or the security of India; persons subjected to
such detention.
10. Foreign affairs; all matters which bring
the Union into relation with any foreign country.
11. Diplomatic, consular and trade
representation.
12. United Nations Organization.
13. Participation in international
conferences, associations and other bodies and implementing of decisions made
thereat.
14. Entering into treaties and agreements with
foreign countries and implementing of treaties, agreements and conventions with
foreign countries.
15. War and peace.
16. Foreign jurisdiction.
17. Citizenship, naturalization and aliens.
18. Extradition.
19. Admission into, and emigration and
expulsion from, India; passports and visas.
20. Pilgrimages to places outside India.
21. Piracies and crimes committed on the high
seas or in the air; offences against the law of nations committed on land or
the high seas or in the air.
22. Railways.
23. Highways declared by or under law made by
Parliament to be national highways.
24. Shipping and navigation on inland
waterways, declared by Parliament by law to be national waterways, as regards
mechanically propelled vessels; the rule of the road on such waterways.
25. Maritime shipping and navigation,
including shipping and navigation on tidal waters; provision of education and
training for the mercantile marine and regulation of such education and
training provided by States and other agencies.
26. Lighthouses, including lightships, beacons
and other provisions for the safety of shipping and aircraft.
27. Ports declared by or under law made by
Parliament or existing law to be major ports, including their delimitation and
the constitution and powers of port authorities therein.
28. Port quarantine, including hospitals
connected therewith; seamen�s and marine hospitals.
29. Airways; aircraft and air navigation; provision
of aerodromes; regulation and organization of air traffic and of aerodromes;
provision for aeronautical education and training and regulation of such
education and training provided by States and other agencies.
30. Carriage of passengers and goods by
railway, sea or air, or by national waterways in mechanically propelled
vessels.
31. Posts and telegraphs; telephones,
wireless, broadcasting and other like forms of communication.
32. Property of the Union and the revenue
there from, but as regards property situated in a State *** subject to
legislation by the State, save in so far as Parliament by law otherwise
provides.
***
34. Courts of wards for the estates of Rulers
of Indian States.
35. Public debt of the Union.
36. Currency, coinage and legal tender;
foreign exchange.
37. Foreign loans.
38. Reserve Bank of India.
39. Post Office Savings Bank.
40. Lotteries organized by the Government of
India or the Government of a State.
41. Trade and commerce with foreign countries;
import and export across customs frontiers; definition of customs frontiers.
42. Inter-State trade and commerce.
43. Incorporation, regulation and winding up
of trading corporations, including banking, insurance and financial
corporations but not including co-operative societies.
44. Incorporation, regulation and winding up
of corporations, whether trading or not, with objects not confined to one
State, but not including universities.
45. Banking.
46. Bills of exchange, cheques, promissory notes
and other like instruments.
47. Insurance.
48. Stock exchanges and futures markets.
49. Patents, inventions and designs; copyright;
trade-marks and merchandise marks.
50. Establishment of standards of weight and
measure.
51. Establishment of standards of quality for
goods to be exported out of India or transported from one State to another.
52. Industries, the control of which by the
Union is declared by Parliament by law to be expedient in the public interest.
53. Regulation and development of oil fields
and mineral oil resources; petroleum and petroleum products; other liquids and
substances declared by Parliament by law to be dangerously inflammable.
54. Regulation of mines and mineral
development to the extent to which such regulation and development under the
control of the Union is declared by Parliament by law to be expedient in the
public interest.
55. Regulation of labor and safety in mines
and oilfields.
56. Regulation and development of inter-State
rivers and river valleys to the extent to which such regulation and development
under the control of the Union is declared by Parliament by law to be expedient
in the public interest.
57. Fishing and fisheries beyond territorial
waters.
58. Manufacture, supply and distribution of
salt by Union agencies, regulation and control of manufacture, supply and
distribution of salt by other agencies.
59. Cultivation, manufacture, and sale for
export, of opium.
60. Sanctioning of cinematograph films for
exhibition.
61. Industrial disputes concerning Union
employees.
62. The institutions known at the commencement
of this Constitution as the National Library, the Indian Museum, the Imperial
War Museum, the Victoria Memorial and the Indian War Memorial, and any other
like institution financed by the Government of India wholly or in part and
declared by Parliament by law to be an institution of national importance.
63. The institutions known at the commencement
of this Constitution as the Banaras Hindu University, the Aligarh Muslim
University and the Delhi University; the University established in pursuance of
article 371E; any other institution declared by Parliament by law to be an
institution of national importance.
64. Institutions for scientific or technical
education financed by the Government of India wholly or in part and declared by
Parliament by law to be institutions of national importance.
65. Union agencies and institutions for�
(a) professional,
vocational or technical training, including the training of police officers; or
(b) the promotion of
special studies or research; or
(c) scientific or
technical assistance in the investigation or detection of crime.
66. Co-ordination and determination of
standards in institutions for higher education or research and scientific and
technical institutions.
67. Ancient and historical monuments and
records, and archaeological sites and remains, declared by or under law made by
Parliament to be of national importance.
68. The Survey of India, the Geological,
Botanical, Zoological and Anthropological Surveys of India; Meteorological
organizations.
69. Census.
70. Union Public Services; All-India Services;
Union Public Service Commission.
71. Union pensions, that is to say, pensions payable
by the Government of India or out of the Consolidated Fund of India.
72. Elections to Parliament, to the
Legislatures of States and to the offices of President and Vice-President; the
Election Commission.
73. Salaries and allowances of members of
Parliament, the Chairman and Deputy Chairman of the Council of States and the
Speaker and Deputy Speaker of the House of the People.
74. Powers, privileges and immunities of each
House of Parliament and of the members and the Committees of each House;
enforcement of attendance of persons for giving evidence or producing documents
before committees of Parliament or commissions appointed by Parliament.
75. Emoluments, allowances, privileges, and
rights in respect of leave of absence, of the President and Governors; salaries
and allowances of the Ministers for the Union; the salaries, allowances, and
rights in respect of leave of absence and other conditions of service of the
Comptroller and Auditor-General.
76. Audit of the accounts of the Union and of the States.
77. Constitution, organization, jurisdiction
and powers of the Supreme Court (including contempt of such Court), and the
fees taken therein; persons entitled to practice before the Supreme Court.
78. Constitution and Organization (including
vacations) .of the High Courts except provisions as to officers and servants of
High Courts; persons entitled to practice before the High Courts.
79. Extension of the jurisdiction of a High
Court to, and exclusion of the jurisdiction of a High Court from, any Union
territory.
80. Extension of the powers and jurisdiction
of members of a police force belonging to any State to any area outside that
State, but not so as to enable the police of one State to exercise powers and
jurisdiction in any area outside that State without the consent of the
Government of the State in which such area is situated; extension of the powers
and jurisdiction of members of a police force belonging to any State to railway
areas outside that State.
81. Inter-State migration; inter-State
quarantine.
82. Taxes on income other than agricultural
income.
83. Duties of customs including export duties.
84. Duties of excise on tobacco and other
goods manufactured or produced in India except�
(a) alcoholic liquors for
human consumption.
(b) opium, Indian hemp
and other narcotic drugs and narcotics, but including medicinal and toilet
preparations containing alcohol or any substance included in sub-paragraph (b)
of this entry.
85. Corporation tax.
86. Taxes on the capital value of the assets,
exclusive of agricultural land, of individuals and companies; taxes on the
capital of companies.
87. Estate duty in respect of property other
than agricultural land.
88. Duties in respect of succession to
property other than agricultural land.
89. Terminal taxes on goods or passengers,
carried by railway, sea or air; taxes on railway fares and freights.
90. Taxes other than stamp duties on
transactions in stock exchanges and futures markets.
91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.
92. Taxes on the sale or purchase of
newspapers and on advertisements published therein.
92A. Taxes on the sale or purchase of goods
other than newspapers, where such sale or purchase takes place in the course of
inter-State trade or commerce.
92B. Taxes on the consignment of goods
(whether the consignment is to the person making it or to any other person),
where such consignment takes place in the course of inter-State trade or
commerce.
93. Offences against laws with respect to any
of the matters in this List.
94. Inquiries, surveys and statistics for the purpose
of any of the matters in this List.
95. Jurisdiction and powers of all courts,
except the Supreme Court, with respect to any of the matters in this List;
admiralty jurisdiction.
96. Fees in respect of any of the matters in
this List, but not including fees taken in any court.
97. Any other matter not enumerated in List II
or List III including any tax not mentioned in either of those Lists.
List II�State List
1. Public order (but not including the use of
any naval, military or Air force or any other armed force of the Union or of
any other force subject to the control of the Union or of any contingent or
unit thereof in aid of the civil power).
2. Police (including railway and village
police) subject to the provisions of entry 2A of List I.
3. *** Officers and servants of the High
Court; procedure in rent and revenue courts; fees taken in all courts except
the Supreme Court.
4. Prisons, reformatories, Borstal
institutions and other institutions of a like nature, and persons detained
therein; arrangements with other States for the use of prisons and other
institutions.
5. Local government, that is to say, the
constitution and powers of municipal corporations, improvement trusts, district
boards, mining settlement authorities and other local authorities for the
purpose of local self-government or village administration.
6. Public health and sanitation; hospitals and
dispensaries.
7. Pilgrimages, other than pilgrimages to
places outside India.
8. Intoxicating liquors, that is to say, the
production, manufacture, possession, transport, purchase and sale of
intoxicating liquors.
9. Relief of the disabled and unemployable.
10. Burials and burial grounds; cremations and
cremation grounds.
***
12. Libraries, museums and other similar
institutions controlled or financed by the State; ancient and historical
monuments and records other than those declared by or under law made by
Parliament to be of national importance.
13. Communications, that is to say, roads,
bridges, ferries, and other means of communication not specified in List I;
municipal tramways; ropeways; inland waterways and traffic thereon subject to
the provisions of List I and List III with regard to such waterways; vehicles
other than mechanically propelled vehicles.
14. Agriculture, including agricultural
education and research, protection against pests and prevention of plant
diseases.
15. Preservation, protection and improvement
of stock and prevention of animal diseases; veterinary training and practice.
16. Pounds and the prevention of cattle
trespass.
17. Water, that is to say, water supplies,
irrigation and canals, drainage and embankments, water storage and water power
subject to the provisions of entry 56 of List I.
18. Land, that is to say, right in or over
land, land tenures including the relation of landlord and tenant, and the
collection of rents; transfer and alienation of agricultural land; land
improvement and agricultural loans; colonization.
***
21. Fisheries.
22. Courts of wards subject to the provisions
of entry 34 of List I; encumbered and attached estates.
23. Regulation of mines and mineral
development subject to the provisions of List I with respect to regulation and
development under the control of the Union.
24. Industries subject to the provisions of
entries 7 and 52 of List I.
25. Gas and gas-works.
26. Trade and commerce within the State
subject to the provisions of entry 33 of List III.
27. Production, supply and distribution of
goods subject to the provisions of entry 33 of List III.
28. Markets and fairs.
***
30. Money-lending and money-lenders; relief of
agricultural indebtedness.
31. Inns and inn-keepers.
32. Incorporation, regulation and winding up
of corporation, other than those specified in List I, and universities;
unincorporated trading, literacy, scientific, religious and other societies and
associations; co-operative societies.
33. Theaters and dramatic performances;
cinemas subject to the provisions of entry 60 of List 1; sports, entertainments
and amusements.
34. Betting and gambling.
35. Works, lands and buildings vested in or in
the possession of the State.
***
37. Elections to the Legislature of the State
subject to the provisions of any law made by Parliament.
38. Salaries and allowances of members of the
Legislature of the State, of the Speaker and Deputy Speaker of the Legislative
Assembly and, if there is a Legislative Council, of the Chairman and Deputy
Chairman thereof.
39. Powers, privileges and immunities of the
Legislative Assembly and of the members and the committees thereof, and, if
there is a Legislative Council, of that Council and of the members and the
committees thereof; enforcement of attendance of persons for giving evidence or
producing documents before committees of the Legislature of the State.
40. Salaries and allowances of Ministers for
the State.
41. State public services; State Public
Service Commission.
42. State pensions, that is to say, pensions
payable by the State or out of the Consolidated Fund of the State.
43. Public debt of the State.
44. Treasure trove.
45. Land revenue, including the assessment and
collection of revenue, the maintenance of land records, survey for revenue
purposes and records of rights, and alienation of revenues.
46. Taxes on agricultural income.
47. Duties in respect of succession to
agricultural land.
48. Estate duty in respect of agricultural
land.
49. Taxes on lands and buildings.
50. Taxes on mineral rights subject to any
limitations imposed by Parliament by law relating to mineral development.
51. Duties of excise on the following goods
manufactured or produced in the State and countervailing duties at the same or
lower rates on similar goods manufactured or produced elsewhere in India:�
(a) alcoholic liquors
for human consumption;
(b) opium, Indian hemp
and other narcotic drugs and narcotics; but not including medicinal and toilet
preparations containing alcohol or any substance included in sub-paragraph (b)
of this entry.
52. Taxes on the entry of goods into a local
area for consumption, use or sale therein.
53. Taxes on the consumption or sale of
electricity.
54. Taxes on the sale or purchase of goods
other than newspapers, subject to the provisions of entry 92A of List
I.
55. Taxes on advertisements other than
advertisements published in the newspapers and advertisements broadcast by
radio or television.
56. Taxes on goods and passengers carried by
road or on inland waterways.
57. Taxes on vehicles, whether mechanically
propelled or not, suitable for use on roads, including tramcars subject to the
provisions of entry 35 of List III.
58. Taxes on animals and boats.
59. Tolls.
60. Taxes on professions, trades, callings and
employments.
61. Captivation taxes.
62. Taxes on luxuries, including taxes on
entertainments, amusements, betting and gambling.
63. Rates of stamp duty in respect of documents
other than those specified in the provisions of List I with regard to rates of
stamp duty.
64. Offences against laws with respect to any
of the matters in this List.
65. Jurisdiction and powers of all courts,
except the Supreme Court, with respect to any of the matters in this List.
66. Fees in respect of any of the matters in
this List, but not including fees taken in any court.
List III�Concurrent List
1. Criminal law, including all matters included
in the Indian Penal Code at the commencement of this Constitution but excluding
offences against laws with respect to any of the matters specified in List I or
List II and excluding the use of naval, military or air forces or any other
armed forces of the Union in aid of the civil power.
2. Criminal procedure, including all matters
included in the Code of Criminal Procedure at the commencement of this
Constitution.
3. Preventive detention for reasons connected
with the security of a State, the maintenance of public order, or the
maintenance of supplies and services essential to the community; persons
subjected to such detention.
4. Removal from one State to another State of
prisoners, accused persons and persons subjected to preventive detention for
reasons specified in entry 3 of this List.
5. Marriage and divorce; infants and minors;
adoption; wills, intestacy and succession; joint family and partition; all
matters in respect of which parties in judicial proceedings were immediately
before the commencement of this Constitution subject to their personal law.
6. Transfer of property other than
agricultural land; registration of deeds and documents.
7. Contracts, including partnership, agency,
contracts of carriage, and other special forms of contracts, but not including
contracts relating to agricultural land.
8. Actionable wrongs.
9. Bankruptcy and insolvency.
10. Trust and Trustees.
11. Administrators-general and official
trustees.
11A. Administration of justice; constitution
and organization of all courts, except the Supreme Court and the High Courts.
12. Evidence and oaths; recognition of laws,
public acts and records, and judicial proceedings.
13. Civil procedure, including all matters included
in the Code of Civil Procedure at the commencement of this Constitution,
limitation and arbitration.
14. Contempt of court, but not including
contempt of the Supreme Court.
15. Vagrancy; nomadic and migratory tribes.
16. Lunacy and mental deficiency, including
places for the reception or treatment of lunatics and mental deficients.
17. Prevention of cruelty to animals.
17A. Forests.
17B. Protection of wild animals and birds.
18. Adulteration of foodstuffs and other
goods.
19. Drugs and poisons, subject to the
provisions of entry 59 of List I with respect to opium.
20. Economic and social planning.
20A. Population control and family planning.
21. Commercial and industrial monopolies,
combines and trusts.
22. Trade unions; industrial and labor
disputes.
23. Social security and social insurance;
employment and unemployment.
24. Welfare of labor including conditions of
work, provident funds, employers� liability, workmen�s compensation, invalidity
and old age pensions and maternity benefits.
25. Education, including technical education,
medical education and universities, subject to the provisions of entries 63,
64, 65 and 66 of List I; vocational and technical training of labor.
26. Legal, medical and other professions.
27. Relief and rehabilitation of persons
displaced from their original place of residence by reason of the setting up of
the Dominions of India and Pakistan.
28. Charities and charitable institutions,
charitable and religious endowments and religious institutions.
29. Prevention of the extension from one State
to another of infectious or contagious diseases or pests affecting men, animals
or plants.
30. Vital statistics including registration of
births and deaths.
31. Ports other than those declared by or
under law made by Parliament or existing law to be major ports.
32. Shipping and navigation on inland
waterways as regards mechanically propelled vessels, and the rule of the road
on such waterways, and the carriage of passengers and goods on inland waterways
subject to the provisions of List I with respect to national waterways.
33. Trade and commerce in, and the production,
supply and distribution of,�
(a) the products of
any industry where the control of such industry by the Union is declared by
Parliament by law to be expedient in the public interest, and imported goods of
the same kind as such products;
(b) foodstuffs,
including edible oilseeds and oils;
(c) cattle fodder,
including oilcakes and other concentrates;
(d) raw cotton,
whether ginned or unginned, and cotton seed; an
(e) raw jute.
33A. Weights and measures except establishment
of standards.
34. Price control.
35. Mechanically propelled vehicles including the
principles on which taxes on such vehicles are to be levied.
36. Factories.
37. Boilers.
38. Electricity.
39. Newspapers, books and printing presses.
40. Archaeological sites and remains other
than those declared by or under law made by Parliament to be of national
importance.
41. Custody, management and disposal of
property (including agricultural land) declared by law to be evacuee property.
42. Acquisition and requisitioning of
property.
43. Recovery in a State of claims in respect
of taxes and other public demands, including arrears of land-revenue and sums
recoverable as such arrears, arising outside that State.
44. Stamp duties other than duties or fees
collected by means of judicial stamps, but not including rates of stamp duty.
45. Inquiries and statistics for the purposes
of any of the matters specified in List II or List III.
46. Jurisdiction and powers of all courts,
except the Supreme Court, with respect to any of the matters in this List.
47. Fees in respect of any of the matters in this List, but not including fees taken in any court.
Eighth Schedule
[Articles 344(1) and 351
Languages
1. Assamese.
2. Bengali.
3. Gujarati.
4. Hindi.
5. Kannada.
6. Kashmiri.
7. Konkani.
8. Malayalam.
9. Manipuri.
10. Marathi.
11. Nepali.
12. Oriya.
13. Punjabi.
14. Sanskrit.
15. Sindhi.
16. Tamil.
17. Telugu.
18. Urdu.
Ninth Schedule
(Article 31B)
1. The Bihar Land Reforms Act, 1950 (Bihar Act
XXX of 1950).
2 The Bombay Tenancy and Agricultural Lands
Act, 1948 (Bombay Act LXVII of 1948).
3. The Bombay Maleki Tenure Abolition Act,
1949 (Bombay Act LXI of 1949).
4. The Bombay Taluqdari Tenure Abolition Act,
1949 (Bombay Act LXII of 1949).
5. The Panch Mahals, Mehwassi Tenure Abolition
Act, 1949 (Bombay Act LXIII of 1949).
6. The Bombay Khoti Abolition Act, 1950
(Bombay Act VI of 1950).
7. The Bombay Paragana and Kulkarni Watan
Abolition Act, 1950 (Bombay Act LX of 1950).
8. The Madhya Pradesh Abolition of Proprietary
Rights (Estates, Mahals, Alienated Lands) Act, 1950 (Madhya Pradesh Act 1 of
1951).
9. The Madras Estates (Abolition and
Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948).
10. The Madras Estates (Abolition and
Conversion into Ryotwari) Amendment Act, 1950 (Madras Act 1 of 1950).
11. The Uttar Pradesh Zamindari Abolition and
Land Reforms Act, 1950 (Uttar Pradesh Act 1 of 1951).
12. The Hyderabad (Abolition of Jagirs)
Regulation, 1358FC (No. LXIX of 1358, Fasli).
13. The Hyderabad Jagirs (Commutation)
Regulation, 1359FC (No. XXV of 1359, Fasli).
14. The Bihar Displaced Persons Rehabilitation
(Acquisition of Land) Act, 1950 (Bihar Act XXXVIII of 1950).
15. The United Provinces Land Acquisition
(Rehabilitation of Refugees) Act, 1948 (U.P. Act XXVI of 1948).
16. The Resettlement of Displaced Persons
(Land Acquisition) Act, 1948 (Act LX of 1948).
17. Sections 52A to 52G of the Insurance Act,
1938 (Act IV of 1938), as inserted by section 42 of the Insurance (Amendment)
Act, 1950 (Act XLVII of 1950).
18. The Railway Companies (Emergency
Provisions) Act, 1951 (Act LI of 1951).
19. Chapter IIIA of the Industries
(Development and Regulation) Act, 1951 (Act LXV of 1951), as inserted by
section 13 of the Industries (Development and Regulation) Amendment Act, 1953
(Act XXVI of 1953).
20. The West Bengal Land Development and
Planning Act, 1948 (West Bengal Act XXI of 1948), as amended by West Bengal Act
XXIX of 1951.
21. The Andhra Pradesh Ceiling on Agricultural
Holdings Act, 1961 (Andhra Pradesh Act X of 1961).
22. The Andhra Pradesh (Telangana Area)
Tenancy and Agricultural Lands (Validation) Act, 1961 (Andhra Pradesh Act XXI
of 1961).
23. The Andhra Pradesh (Telangana Area) Ijara
and Kowli Land Cancellation of Irregular Pattas and Abolition of Concessional
Assessment Act, 1961 (Andhra Pradesh Act XXXVI of 1961).
24. The Assam State Acquisition of Lands
belonging to Religious or Charitable Institution of Public Nature Act, 1959
(Assam Act IX of 1961).
25. The Bihar Land Reforms (Amendment) Act,
1953 (Bihar Act XX of 1954).
26. The Bihar Land Reforms (Fixation of
Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of
1962), (except section 28 of this Act).
27. The Bombay Taluqdari Tenure Abolition (Amendment)
Act, 1954 (Bombay Act 1 of 1955).
28. The Bombay Taluqdari Tenure Abolition
(Amendment) Act, 1957 (Bombay Act XVIII of 1958).
29. The Bombay Inams (Kutch Area) Abolition
Act, 1958 (Bombay Act XCVIII of 1958).
30. The Bombay Tenancy and Agricultural Lands
(Gujarat Amendment) Act, 1960 (Gujarat Act XVI of 1960).
31. The Gujarat Agricultural Lands Ceiling
Act, 1960 (Gujarat Act XXVI of 1961).
32. The Sagbara and Meshwassi Estates
(Proprietary Rights Abolition, etc.) Regulation, 1962 (Gujarat Regulation 1 of
1962).
33. The Gujarat Surviving Alienations
Abolition Act, 1963 (Gujarat Act XXXIII of 1963), except in so far as this Act
relates to an alienation referred to in sub-clause (d) of clause (3) of section
2 thereof.
34. The Maharashtra Agricultural Lands
(Ceiling on Holdings) Act, 1961 (Maharashtra Act XXVII of 1961).
35. The Hyderabad Tenancy and Agricultural
Lands (Re-enactment, Validation and Further Amendment) Act, 1961 (Maharashtra
Act XLV of 1961).
36. The Hyderabad Tenancy and Agricultural
Lands Act, 1950 (Hyderabad Act XXI of 1950).
37. The Jenmikaram Payment (Abolition) Act,
1960 (Kerala Act III of 1961).
38. The Kerala Land Tax Act, 1961 (Kerala Act
XIII of 1961).
39. The Kerala Land Reforms Act, 1963 (Kerala
Act 1 of 1964).
40. The Madhya Pradesh Land Revenue Code, 1959
(Madhya Pradesh Act XX of 1959).
41. The Madhya Pradesh Ceiling on Agricultural
Holdings Act, 1960 (Madhya Pradesh Act XX of 1960).
42. The Madras Cultivating Tenants Protection
Act, 1955 (Madras Act XXV of 1955).
43. The Madras Cultivating Tenants (Payment of
Fair Rent) Act, 1956 (Madras Act XXIV of 1956).
44. The Madras Occupants of Kudiyiruppu
(Protection from Eviction) Act, 1961 (Madras Act XXXVIII of 1961).
45. The Madras Public Trust (Regulation of
Administration of Agricultural Lands) Act, 1961 (Madras Act LVII of 1961).
46. The Madras Land Reforms (Fixation of
Ceiling on Land) Act, 1961 (Madras Act LVIII of 1961).
47. The Mysore Tenancy Act, 1952 (Mysore Act
XIII of 1952).
48. The Coorg Tenants Act, 1957 (Mysore Act
XIV of 1957).
49. The Mysore Village Offices Abolition Act,
1961 (Mysore Act XIV of 1961).
50. The Hyderabad Tenancy and Agricultural
Lands (Validation) Act, 1961 (Mysore Act XXXVI of 1961).
51. The Mysore Land Reforms Act, 1961 (Mysore
Act X of 1962).
52. The Orissa Land Reforms Act, 1960 (Orissa
Act XVI of 1960).
53. The Orissa Merged Territories (Village
Offices Abolition) Act, 1963 (Orissa Act X of 1963).
54. The Punjab Security of Land Tenures Act,
1953 (Punjab Act X of 1953).
55. The Rajasthan Tenancy Act, 1955 (Rajasthan
Act III of 1955).
56. The Rajasthan Zamindari and Biswedari
Abolition Act, 1959 (Rajasthan Act VIII of 1959).
57. The Kumaun and Uttarakhand Zamindari Abolition
and Land Reforms Act, 1960 (Uttar Pradesh Act XVII of 1960).
58. The Uttar Pradesh Imposition of Ceiling on
Land Holdings Act, 1960 (Uttar Pradesh Act I of 1961).
59. The West Bengal Estates Acquisition Act,
1953 (West Bengal Act 1 of 1954).
60. The West Bengal Land Reforms Act, 1955
(West Bengal Act X of 1956).
61. The Delhi Land Reforms Act, 1954 (Delhi
Act VIII of 1954).
62. The Delhi Land Holdings (Ceiling) Act,
1960 (Central Act 24 of 1960).
63. The Manipur Land Revenue and Land Reforms Act,
1960 (Central Act 33 of 1960).
64. The Tripura Land Revenue and Land Reforms
Act, 1960 (Central Act 43 of 1960).
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