The Constitution Of India 1949
THE
CONSTITUTION OF INDIA 1949
Preamble
PART I
THE UNION AND ITS TERRITORY
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. Sikkim to be associated
with the Union Rep by the Constitution Thirty six Amendment Act, 1975 , Section
5 (w e f 26 04 1975 )
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 PART II C ITIZENSHIP
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 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 therefor 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. 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 PART III FUNDAMENTAL RIGHTS 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
(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 Right
of Equality
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
(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 practise 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 practising 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 authorise 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 labour
(1) Traffic in human beings
and begar and other similar forms of forced labour 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 authorise
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 )
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,
practise 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 recognised 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
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
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
licence 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 licence, 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
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 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
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 organisation 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 organisation 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 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 PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
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
39. A 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. Organisation 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 endeavour to secure, by suitable legislation or
economic organisation or in any other way, to all workers, agricultural,
industrial or otherwise, work, a living wage, conditions of work ensuring a
decent standard of life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote cottage
industries on an individual or co operative basis in rural areas
43. A 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 organisations engaged in
any industry
44. Uniform civil code for
the citizens The State shall endeavour to secure for the citizens a uniform
civil code throughout the territory of India
45. Provision for free and
compulsory education for children The State shall endeavour 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 endeavour to bring about
prohibition of the consumption except for medicinal purposes of intoxicating
drinks and of drugs which are injurious to health
48. Organisation of
agriculture and animal husbandry The State shall endeavour to organise
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 endeavour 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 endeavour to
(a) promote international
peace and security;
(b) maintain just and
honourable relations between nations;
(c) foster respect for
international law and treaty obligations in the dealings of organised peoples
with one another; and encourage settlement of international disputes by arbitration
PART IVA FUNDAMENTAL DUTIES
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 endeavour and achievement PART V
THE UNION CHAPTER I THE EXECUTIVE 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 Defence
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 Presidents
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 ot 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 thePresident) 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 Presidents
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
(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 Council of
Ministers
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 PARLIAMENT 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 th 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 authorised 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 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 Officers of Parliament
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
(c) 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 (c) 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
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 persons 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. 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 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 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
(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 (c) 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 siting, 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
(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
licences 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 therefrom 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 therefrom 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 Governors 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 authorised
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 arisenduring 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 authorising 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 authorisation
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 authorise 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
authorisation 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 licences 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 therefrom
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
misbehaviour or incapacity
(5) Parliament may by law
regulate the procedure for the presentation of an address and for the
investigation and proof of the misbehaviour 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
(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
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 favour 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
(c) certifies under Article
134A that the case is a fit one for appeal to the Supreme Court: Provided that
an appeal under sub clause (c) 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 (c) 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 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
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
practising 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 (c) 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
authorised 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 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 PART VI THE STATES 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 EXECUTIVE 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
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
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) if 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 THE STATE LEGISLATURE 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 authorised 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 (c) 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 Article 180 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
(c) 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
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 persons 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 th 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
(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
licences 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 therefrom 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 therefrom: 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
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 therefrom: 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 authorised
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 authorising 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 authorisation
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 authorise 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
authorisation 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 licences 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
224. A 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 favour 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
226. A Constitutional
validity of Central laws not to be considered in proceedings under Article 226
Omitted
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 practising 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 satisified 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. Special provisions as
to disposal of question relating to constitutional validity of State Laws Rep
by the Constitution (Forty third Amendment) Act, 1977 , sec 10, (w e f 13 4
1978 )
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 authorised 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, allowacnes 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
232. Omitted by the
Constitution 7 th Amendment Act, 1956 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
233. A 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 authorising 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
238. Omitted by the
Constitution 7 th Amendment Act, 1956 PART VIII THE UNION TERRITORIES
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
239. A 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. Coorg Rep by the
Constitution (Seventh Amendment) Act, 1956 , Section 29 and Schedule PART IX
THE PANCHAYATS
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 Panchayts: 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 favour 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) authorise 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 therefrom, 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 PART IX A THE MUNICIPALITIES
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 favour 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) authorise 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 therefrom, 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
243Z. A 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
243Z. B 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
243Z. C 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
243Z. D 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
243Z. E 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 organisations 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 organisations 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
243Z. F 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
243Z. G 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 243Z A 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 PART X THE SCHEDULED AND TRIBAL
AREAS
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
(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 PART
XI RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I LEGISLATIVE RELATIONS
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 incompetency, 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 incompetency, 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) 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 ADMINISTRATIVE RELATIONS 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
257. A Assistance to States
by deployment of armed forces or other forces of the Union Omitted
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 authorise 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
258. A 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. Armed Forces in States
in Part B of the First Schedule Rep by the Constitution (Seventh Amendment)
Act, 1956 , S 29 and Schedule
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 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 organisation and
procedure PART XII FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I FINANCE
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
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 authorisation 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 authorisation 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 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 prescribed, 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 form such tie 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
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 prescribed 3, 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
(1A) 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. Agreement with States
in Part B of the First Schedule with regard to certain financial matters Rep by
the Constitution (Seventh Amendment) Act, 1956 , Section 29 and Schedule
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 therefrom, 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 therefrom, 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 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 authorise 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 authorises 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 authorise 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 authorising 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
authorise 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 authorise 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 authorising 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
290. A 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 1 st day of November, 1956 , from the State of
Travancore Cochin
291. Privy purse sums of
Rulers Rep by the Constitution (Twenty sixth Amendment) Act, 1971 , Section 2
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
Article 292 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 s 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 Governors 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 Governors 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 wouldhave 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 authorise
(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
300. A 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 PART XIII TRADE, COMMERCE AND INTERCOURSE
WITHIN THE TERRITORY OF INDIA
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 authorising the giving of, any preference to
one State over another, or making, or authorising 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 authorising the giving
of, any preference or making, or authorising 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 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. Power of certain States
in Part B of the First Schedule to impose restrictions on trade and commerce
Rep by the Constitution (Seventh Amendment) Act, 1956 , Section 29 and Schedule
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 PART XIV SERVICES
UNDER THE UNION AND THE STATES 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 defence
service or of a civil service of the Union or of an all India service or holds
any post connected with defence 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 defence 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. Provision for
protection of existing officers of certain services Rep by the Constitution
(Twenty eight Amendment) Act, 1972 , Section 3 (w e f 29 08 1972 ) 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
(1A) 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 misbehaviour 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 Commissionor 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 therefrom 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 misbehaviour
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 th 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
(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 PART XIVA TRIBUNALS
323. A 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 labour
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)
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 th 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
329. A Special provision as
to elections to Parliament in the case of Prime Minister and Speaker Omitted
PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
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 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 th 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 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, 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 labour 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 PART XVII OFFICIAL LANGUAGE 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 authorise 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) the 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 authorised 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 recognised 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, authorise 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
350. A Facilities for
instruction in mother tongue at primary stage It shall be the endeavour 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
350. B 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 PART XVIII EMERGENCY PROVISIONS
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 authorising 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
(1) 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 authorise 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 6 th 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
authorise 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
authorising the conferring of powers and the imposition of duties, upon the
Union or officers and authorities thereof;
(c) for the President to
authorise 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
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 (c), 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 PART XIX MISCELLANEOUS
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
361. A 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. Rights and privileges
of Rulers of Indian States Rep by the Constitution (Twenty sixth Amendment)
Act, 1971 ,
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 recognised 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 recognised before such commencement by His
Majesty or the Government of the Dominion of India as the Ruler of any Indian
State
363. A 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 recognised by the President as the
Ruler of an Indian State or any person who, at any time before such
commencement, was recognised by the President as the successor of such Ruler
shall, on and from such commencement, cease to be recognised 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 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. 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, authorised 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 recognised 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 recognised by the
President as the Ruler of an Indian State or any person who, at any time before
such commencement, was recognised 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;
(29A) 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 instalments;
(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 PART XX AMENDMENT OF THE CONSTITUTION
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 PART XXI
TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
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
woollen 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 incompetency, 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 recognised 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 Maharajas
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 estalished 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
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 organise 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 organised;
(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 organised 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
favour 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) authorise 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 1 st 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
371I. 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
372. A 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 1 st 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 judgement, decree or order of any court within the territory of India in so
far as the exercise of such jurisdiction is authorised 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 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
Reorganisation 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
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 PART XXII SHORT TITLE,
COMMENCEMENT AND REPEALS
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 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 Reorganisation 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 (Reorganisation) 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 Reorganisation Act,
1960
5. Kerala The territories
specified in sub section ( 1 ) of section 5 of the States Reorganisation Act,
1956
6. Madhya Pradesh The
territories specified in sub section ( 1 ) of section 9 of the States
Reorganisation 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 Reorganisation 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 Reorganisation 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
Reorganisation Act, 1956 , but excluding the territories referred to in sub
section ( 1 ) of section 3 of the Bombay Reorganisation Act, 1960
9. Karnataka The territories
specified in sub section ( 1 ) of section 7 of the States Reorganisation 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 Reorganisation 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 Reorganisation Act, 1966
12. Rajasthan The
territories specified in section 10 of the States Reorganisation 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 Reorganisation 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 Reorganisation Act, 1966
19. Manipur The territory
which immediately before the commencement of this Constitution was being
administered as if it were a Chief Commissioners 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 Commissioners Province under the name of
Tripura
21. Meghalaya The
territories specified in section 5 of the North Eastern Areas (Reorganisation)
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 (Reorganisation) Act, 1971
24. Arunachal Pradesh The
territories specified in section 7 of the North Eastern Areas (Reorganisation)
Act, 1971
25. Goa The territories
specified in section 3 of the Goa, Daman and Diu Reorganisation Act, 1987 II
THE UNION TERRITORIES
1. Delhi The territory which
immediately before the commencement of this Constitution was comprised in the
Chief Commissioners Province of Delhi
2. The Andaman and The
territory which immediately before the commencement of this Constitution was
comprised in the Chief Commissioners Province of the Andaman and Nicobar
Islands
3. Lakshadweep The territory
specified in section 6 of the States Reorganisation 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 Reorganisation
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 Reorganisation 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 travelling on duty within the territory of India and shall
be afforded such reasonable facilities in connection with travelling 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
thousand 2 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 favour, 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 favour, 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 favour, 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 allegi ance 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 favour, 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 order 2
declare to be Scheduled Areas
(2) The President may at any
time by order 2
(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
organisations 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 authorising
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;
1258156 ii sub paragraphs ( 2 )
and ( 3 ) had been omitted; 476222 iii in sub paragraph ( 4 )
190524 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 1806826 b for clause (a), the following
clause had been substituted, namely: 190524 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; 1514862 c for clause (c), the following clause had been
substituted, namely: 343070 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 160806 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
authorise 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 therefrom, 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. Licences or leases for
the purpose of prospecting for, or extraction of, minerals
(1) Such share of the
royalties accruing each year from licences 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 licence 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 licence
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 licence 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
12A. A 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 (Reorganisation) 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 IUnion List
1. Defence of India and
every part thereof including preparation for defence and all such acts as may
be conducive in times of war to its prosecution and after its termination of
effective demobilisation
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 defence or for the
prosecution of war
8. Central Bureau of
Intelligence and Investigation
9. Preventive detention for
reasons connected with Defence, 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
Organisation
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,
naturalisation 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; seamens and marine hospitals
29. Airways; aircraft and
air navigation; provision of aerodromes; regulation and organisation 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 therefrom, 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 organised 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 labour 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 organisations
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,
organisation, jurisdiction and powers of the Supreme Court (including contempt
of such Court), and the fees taken therein; persons entitled to practise before
the Supreme Court
78. Constitution and
Organisation (including vacations) of the High Courts except provisions as to
officers and servants of High Courts; persons entitled to practise 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 IIState 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
IIIConcurrent 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 organisation 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 labour disputes
23. Social security and
social insurance; employment and unemployment
24. Welfare of labour
including conditions of work, provident funds, employers liability, workmens
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 labour
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; and
(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, 1358F C (No LXIX of 1358, Fasli)
13. The Hyderabad Jagirs
(Commutation) Regulation, 1359F C (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 )
65. The Kerala Land Reforms
(Amendment) Act, 1969 (Kerala Act 35 of 1969 )
66. The Kerala Land Reforms
(Amendment) Act, 1971 (Kerala Act 25 of 1971 )
67. The Andhra Pradesh Land
Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Andhra Pradesh Act I of
1973 )
68. The Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act,
1972 (Bihar Act I of 1973 )
69. The Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act,
1973 (Bihar Act IX of 1973 )
70. The Bihar Land Reforms
(Amendment) Act, 1972 (Bihar Act V of 1972 )
71. The Gujarat Agricultural
Lands Ceiling (Amendment) Act, 1972 (Gujarat Act 2 of 1974 )
72. The Haryana Ceiling on
Land Holdings Act, 1972 (Haryana Act 26 of 1972 )
73. The Himachal Pradesh
Ceiling on Land Holdings Act, 1972 (Himachal Pradesh Act 19 of 1973 )
74. The Kerala Land Reforms
(Amendment) Act, 1972 (Kerala Act 17 of 1972 )
75. The Madhya Pradesh
Ceiling on Agricultural Holdings (Amendment) Act, 1972 (Madhya Pradesh Act 12
of 1974 )
76. The Madhya Pradesh
Ceiling on Agricultural Holdings (Second Amendment) Act, 1972 (Madhya Pradesh
Act 13 of 1974 )
77. The Mysore Land Reforms
(Amendment) Act, 1973 (Karnataka Act I of 1974 )
78. The Punjab Land Reforms
Act, 1972 (Punjab Act 10 of 1973 )
79. The Rajasthan Imposition
of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act II of 1973 )
80. The Gudalur Janmam
Estates (Abolition and Conversion into Ryotwari) Act, 1969 (Tamil Nadu Act 24
of 1969 )
81. The West Bengal Land
Reforms (Amendment) Act, 1972 (West Bengal Act XXII of 1972 )
82. The West Bengal Estates
Acquisition (Amendment) Act, 1964 (West Bengal Act XXII of 1964 )
83. The West Bengal Estates
Acquisition (Second Amendment) Act, 1973 (West Bengal Act XXXIII of 1973 )
84. The Bombay Tenancy and
Agricultural Lands (Gujarat Amendment) Act, 1972 (Gujarat Act 5 of 1973 )
85. The Orissa Land Reforms
(Amendment) Act, 1974 (Orissa Act 9 of 1974 )
86. The Tripura Land Revenue
and Land Reforms (Second Amendment) Act, 1974 (Tripura Act 7 of 1974 )
88. The Industries (Development
and Regulation) Act, 1951 (Central Act 65 of 1951 )
89. The Requisitioning and
Acquisition of Immovable Property Act, 1952 (Central Act 30 of 1952 )
90. The Mines and Minerals
(Regulations and Development) Act, 1957 (Central Act 67 of 1957 )
91. The Monopolies and
Restrictive Trade Practices Act, 1969 (Central Act 54 of 1969 )
93. The Coking Coal Mines
(Emergency Provisions) Act, 1971 (Central Act 64 of 1971 )
94. The Coking Coal Mines
(Nationalisation) Act, 1972 (Central Act 36 of 1972 )
95. The General Insurance
Business (Nationalisation) Act, 1972 (Central Act 57 of 1972 )
96. The Indian Copper
Corporation (Acquisition of Undertaking) Act, 1972 (Central Act 58 of 1972 )
97. The Sick Textile
Undertakings (Taking Over of Management) Act, 1972 (Central Act 72 of 1972 )
98. The Coal Mines (Taking
Over of Management) Act, 1973 (Central Act 15 of 1973 )
99. The Coal Mines
(Nationalisation) Act, 1973 (Central Act 26 of 1973 )
100. The Foreign Exchange
Regulation Act, 1973 (Central Act 46 of 1973 )
101. The Alcock Ashdown
Company Limited (Acquisition of Undertakings) Act, 1973 (Central Act 56 of 1973
)
102. The Coal Mines
(Conservation and Development) Act, 1974 (Central Act 28 of 1974 )
103. The Additional
Emoluments (Compulsory Deposit) Act, 1974 (Central Act 37 of 1974 )
104. The Conservation of
Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act
52 of 1974 )
105. The Sick Textile
Undertakings (Nationalisation) Act, 1974 (Central Act 57 of 1974 )
106. The Maharashtra
Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1964 (Maharashtra Act
XVI of 1965 )
107. The Maharashtra
Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1965 (Maharashtra Act
XXXII of 1965 )
108. The Maharashtra
Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1968 (Maharashtra Act
XVI of 1968 )
109. The Maharashtra
Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1968
(Maharashtra Act XXXIII of 1968 )
110. The Maharashtra
Agricultural Lands (Ceiling on Holdings) Amendment Act, 1969 (Maharashtra Act
XXXVII of 1969 )
111. The Maharashtra
Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1969 (Maharashtra
Act XXXVIII of 1969 )
112. The Maharashtra
Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1970 (Maharashtra Act
XXVII of 1970 )
113. The Maharashtra
Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1972 (Maharashtra Act
XIII of 1972 )
114. The Maharashtra
Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1973 (Maharashtra Act
L of 1973 )
115. The Orissa Land Reforms
(Amendment) Act, 1965 (Orissa Act 13 of 1965 )
116. The Orissa Land Reforms
(Amendment) Act, 1966 (Orissa Act 8 of 1967 )
117. The Orissa Land Reforms
(Amendment) Act, 1967 (Orissa Act 13 of 1967 )
118. The Orissa Land Reforms
(Amendment) Act, 1969 (Orissa Act 13 of 1969 )
119. The Orissa Land Reforms
(Amendment) Act, 1970 (Orissa Act 18 of 1970 )
120. The Uttar Pradesh
Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 (Uttar Pradesh Act
18 of 1973 )
121. The Uttar Pradesh
Imposition of Ceiling on Land Holdings (Amendment) Act, 1974 (Uttar Pradesh Act
2 of 1975 )
122. The Tripura Land
Revenue and Land Reforms (Third Amendment) Act, 1975 (Tripura Act 3 of 1975 )
123. The Dadra and Nagar
Haveli Land Reforms Regulation, 1971 ( 3 of 1971 )
124. The Dadra and Nagar
Haveli Land Reforms (Amendment) Regulation, 1973 ( 5 of 1973 )
125. Section 66A and Chapter
IVA of the Motor Vehicles Act, 1939 (Central Act 4 of 1939 )
126. The Essential
Commodities Act, 1955 (Central Act 10 of 1955 )
127. The Smugglers and
Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (Central Act
13 of 1976 )
128. The Bonded Labour
System (Abolition) Act, 1976 (Central Act 19 of 1976 )
129. The Conservation of
Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976
(Central Act 20 of 1976 )
131. The Levy Sugar Price
Equalisation Fund Act, 1976 (Central Act 31 of 1976 )
132. The Urban Land (Ceiling
and Regulation) Act, 1976 (Central Act 33 of 1976 )
133. The Departmentalisation
of Union Accounts (Transfer of Personnel) Act, 1976 (Central Act 59 of 1976 )
134. The Assam Fixation of
Ceiling on Land Holdings Act, 1956 (Assam Act 1 of 1957 )
135. The Bombay Tenancy and
Agricultural Lands (Vidarbha Region) Act, 1958 (Bombay Act XCIX of 1958 )
136. The Gujarat Private
Forests (Acquisition) Act, 1972 (Gujarat Act 14 of 1973 )
137. The Haryana Ceiling on
Land Holdings (Amendment) Act, 1976 (Haryana Act 17 of 1976 )
138. The Himachal Pradesh
Tenancy and Land Reforms Act, 1972 (Himachal Pradesh Act 8 of 1974 )
139. The Himachal Pradesh
Village Common Lands Vesting and Utilization Act, 1974 (Himachal Pradesh Act 18
of 1974 )
140. The Karnataka Land
Reforms (Second Amendment and Miscellaneous Provisions) Act, 1974 (Karnataka
Act 31 of 1974 )
141. The Karnataka Land
Reforms (Second Amendment) Act, 1976 (Karnataka Act 27 of 1976 )
142. The Kerala Prevention
of Eviction Act, 1966 (Kerala Act 12 of 1966 )
143. The Thiruppuvaram
Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969 )
144. The Sreepadam Lands
Enfranchisement Act, 1969 (Kerala Act 20 of 1969 )
145. The Sree Pandaravaka
Lands (Vesting and Enfranchisement) Act, 1971 (Kerala Act 20 of 1971 )
146. The Kerala Private
Forests (Vesting and Assignment) Act, 1971 (Kerala Act 26 of 1971 )
147. The Kerala Agricultural
Workers Act, 1974 (Kerala Act 18 of 1974 )
148. The Kerala Cashew
Factories (Acquisition) Act, 1974 (Kerala Act 29 of 1974 )
149. The Kerala Chitties
Act, 1975 (Kerala Act 23 of 1975 )
150. The Kerala Scheduled
Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act,
1975 (Kerala Act 31 of 1975 )
151. The Kerala Land Reforms
(Amendment) Act, 1976 (Kerala Act 15 of 1976 )
152. The Kanam Tenancy
Abolition Act, 1976 (Kerala Act 16 of 1976 )
153. The Madhya Pradesh
Ceiling on Agricultural Holdings (Amendment) Act, 1974 (Madhya Pradesh Act 20
of 1974 )
154. The Madhya Pradesh
Ceiling on Agricultural Holdings (Amendment) Act, 1975 (Madhya Pradesh Act 2 of
1976 )
155. The West Khandesh
Meshwari Estates (Proprietary Rights Abolition, etc) Regulation, 1961 (Maharashtra
Regulation 1 of 1962 )
156. The Maharashtra
Restoration of Lands to Scheduled Tribes Act, 1974 (Maharashtra Act XIV of 1975
)
157. The Maharashtra
Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1972
(Maharashtra Act XXI of 1975 )
158. The Maharashtra Private
Forests (Acquisition) Act, 1975 (Maharashtra Act XXIX of 1975 )
159. The Maharashtra
Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1975
(Maharashtra Act XLVII of 1975 )
160. The Maharashtra
Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975 (Maharashtra Act
II of 1976 )
161. The Orissa Estates
Abolition Act, 1951 (Orissa Act I of 1952 )
162. The Rajasthan
Colonisation Act, 1954 (Rajasthan Act XXVII of 1954 )
163. The Rajasthan Land
Reforms and Acquisition of Landowners Estates Act, 1963 (Rajasthan Act 11 of
1964 )
164. The Rajasthan
Imposition of Ceiling on Agricultural Holdings (Amendment) Act, 1976 (Rajasthan
Act 8 of 1976 )
165. The Rajasthan Tenancy
(Amendment) Act, 1976 (Rajasthan Act 12 of 1976 )
166. The Tamil Nadu Land
Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970 )
167. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Nadu Act 41 of
1971 )
168. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1972 (Tamil Nadu Act 10 of
1972 )
169. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu
Act 20 of 1972 )
170. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act
37 of 1972 )
171. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu
Act 39 of 1972 )
172. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 , (Tamil Nadu
Act 7 of 1974 )
173. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Fifth Amendment Act, 1972 (Tamil Nadu Act
10 of 1974 )
174. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1974 (Tamil Nadu Act 15 of
1974 )
175. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1974 (Tamil Nadu Act
30 of 1974 )
176. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1974 (Tamil Nadu
Act 32 of 1974 )
177. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1975 (Tamil Nadu Act 11 of
1975 )
178. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1975 (Tamil Nadu
Act 21 of 1975 )
179. Amendments made to the
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act
I of 1951 ) by the Uttar Pradesh Land Laws (Amendment) Act, 1971 (Uttar Pradesh
Act 21 of 1971 ) and the Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar
Pradesh Act 34 of 1974 )
180. The Uttar Pradesh
Imposition of Ceiling on Land Holdings (Amendment) Act, 1976 (Uttar Pradesh Act
20 of 1976 )
181. The West Bengal Land
Reforms (Second Amendment) Act, 1972 (West Bengal Act XXVIII of 1972 )
182. The West Bengal
Restoration of Alienated Land Act, 1973 (West Bengal Act XXIII of 1973 )
183. The West Bengal Land
Reforms (Amendment) Act, 1974 (West Bengal Act XXXIII of 1974 )
184. The West Bengal Land
Reforms (Amendment) Act, 1975 (West Bengal Act XXIII of 1975 )
185. The West Bengal Land
Reforms (Amendment) Act, 1976 (West Bengal Act XII of 1976 )
186. The Delhi Land Holdings
(Ceiling) Amendment Act, 1976 (Central Act 15 of 1976 )
187. The Goa, Daman and Diu
Mundkars (Protection from Eviction) Act, 1975 (Goa, Daman and Diu Act I of 1976
)
188. The Pondicherry Land
Reforms (Fixation of Ceiling on Land) Act, 1973 (Pondicherry Act 9 of 1974 )
189. The Assam (Temporarily
Settled Areas) Tenancy Act, 1971 (Assam Act XXIII of 1971 )
190. The Assam (Temporarily
Settled Areas) Tenancy (Amendment) Act, 1974 (Assam Act XVIII of 1974 )
191. The Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Amending
Act, 1974 (Bihar Act 31 of 1975 )
192. The Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act,
1976 (Bihar Act 22 of 1976 )
193. The Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act,
1978 (Bihar Act VII of 1978 )
194. The Land Acquisition
(Bihar Amendment) Act, 1979 (Bihar Act 2 of 1980 )
195. The Haryana Ceiling on
Land Holdings (Amendment) Act, 1977 (Haryana Act 14 of 1977 )
196. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1978 (Tamil Nadu Act 25 of
1978 )
197. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of
1979 )
198. The Uttar Pradesh
Zamindari Abolition Laws (Amendment) Act, 1978 (Uttar Pradesh Act 15 of 1978 )
199. The West Bengal
Restoration of Alienated Land (Amendment) Act, 1978 (West Bengal Act XXIV of
1978 )
200. The West Bengal
Restoration of Alienated Land (Amendment) Act, 1980 (West Bengal Act LVI of
1980 )
201. The Goa, Daman and Diu
Agricultural Tenancy Act, 1964 (Goa, Daman and Diu Act 7 of 1964 )
202. The Goa, Daman and Diu
Agricultural Tenancy (Fifth Amendment) Act, 1976 (Goa, Daman and Diu Act 17 of
1976 )
203. The Andhra Pradesh
Scheduled Areas Land Transfer Regulation, 1959 (Andhra Pradesh Regulation I of
1959 )
204. The Andhra Pradesh
Scheduled Areas Laws (Extension and Amendment) Regulation, 1963 (Andhra Pradesh
Regulation 2 of 1963 )
205. The Andhra Pradesh
Scheduled Areas Land Transfer (Amendment) Regulation, 1970 (Andhra Pradesh
Regulation 1 of 1970 )
206. The Andhra Pradesh
Scheduled Areas Land Transfer (Amendment) Regulation, 1971 (Andhra Pradesh
Regulation 1 of 1971 )
207. The Andhra Pradesh
Scheduled Areas Land Transfer (Amendment) Regulation, 1978 (Andhra Pradesh
Regulation 1 of 1978 )
208. The Bihar Tenancy Act,
1885 (Bihar Act 8 of 1885 )
209. The Chhota Nagpur Tenancy
Act, 1908 (Bengal Act 6 of 1908 ) (Chapter VIIIsections 46, 47, 48, 48A and 49;
Chapter Xsections 71, 71A and 71B; and Chapter XVIIIsections 240, 241 and 242)
210. The Santhal Parganas
Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act 14 of 1949 ) except
section 53
211. The Bihar Scheduled
Areas Regulation, 1969 (Bihar Regulation 1 of 1969 )
212. The Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act,
1982 (Bihar Act 55 of 1982 )
213. The Gujarat Devasthan
Inams Abolition Act, 1969 (Gujarat Act 16 of 1969 )
214. The Gujarat Tenancy
Laws (Amendment) Act, 1976 (Gujarat Act 37 of 1976 )
215. The Gujarat
Agricultural Lands Ceiling (Amendment) Act, 1976 (Presidents Act 43 of 1976 )
216. The Gujarat Devasthan
Inams Abolition (Amendment) Act, 1977 (Gujarat Act 27 of 1977 )
217. The Gujarat Tenancy
Laws (Amendment) Act, 1977 (Gujarat Act 30 of 1977 )
218. The Bombay Land Revenue
(Gujarat Second Amendment) Act, 1980 (Gujarat Act 37 of 1980 )
219. The Bombay Land Revenue
Code and Land Tenure Abolition Laws (Gujarat Amendment) Act, 1982 (Gujarat Act
8 of 1982 )
220. The Himachal Pradesh
Transfer of Land (Regulation) Act, 1968 (Himachal Pradesh Act 15 of 1969 )
221. The Himachal Pradesh
Transfer of Land (Regulation) (Amendment) Act, 1986 (Himachal Pradesh Act 16 of
1986 )
222. The Karnataka Scheduled
Castes and Scheduled Tribes (Prohibition of Transfer of certain Lands) Act,
1978 (Karnataka Act 2 of 1979 )
223. The Kerala Land Reforms
(Amendment) Act, 1978 (Kerala Act 13 of 1978 )
224. The Kerala Land Reforms
(Amendment) Act, 1981 (Kerala Act 19 of 1981 )
225. The Madhya Pradesh Land
Revenue Code (Third Amendment) Act, 1976 (Madhya Pradesh Act 61 of 1976 )
226. The Madhya Pradesh Land
Revenue Code (Amendment) Act, 1980 (Madhya Pradesh Act 15 of 1980 )
227. The Madhya Pradesh
Akrishik Jot Uchachatam Seema Adhiniyam, 1981 (Madhya Pradesh Act 11 of 1981 )
228. The Madhya Pradesh
Ceiling on Agricultural Holdings (Second Amendment) Act, 1976 (Madhya Pradesh
Act I of 1984 )
229. The Madhya Pradesh
Ceiling on Agricultural Holdings (Amendment) Act, 1984 (Madhya Pradesh Act 14
of 1984 )
230. The Madhya Pradesh
Ceiling on Agricultural Holdings (Amendment) Act, 1989 (Madhya Pradesh Act 8 of
1989 )
231. The Maharashtra Land
Revenue Code, 1966 (Maharashtra Act 41 of 1966 ), sections 36, 36A and 36B
232. The Maharashtra Land
Revenue Code and the Maharashtra Restoration of Lands to Scheduled Tribes
(Second Amendment) Act, 1976 (Maharashtra Act 30 of 1977 )
233. The Maharashtra
Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain
Lands Act, 1985 (Maharashtra Act 16 of 1985 )
234. The Orissa Scheduled
Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956
(Orissa Regulation 2 of 1956 )
235. The Orissa Land Reforms
(Second Amendment) Act, 1975 (Orissa Act 29 of 1976 )
236. The Orissa Land Reforms
(Amendment) Act, 1976 (Orissa Act 30 of 1976 )
237. The Orissa Land Reforms
(Second Amendment) Act, 1976 (Orissa Act 44 of 1976 )
238. The Rajasthan
Colonisation (Amendment) Act, 1984 (Rajasthan Act 12 of 1984 )
239. The Rajasthan Tenancy
(Amendment) Act, 1984 (Rajasthan Act 13 of 1984 )
240. The Rajasthan Tenancy
(Amendment) Act, 1987 (Rajasthan Act 21 of 1987 )
241. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1979 (Tamil Nadu Act
8 of 1980 )
242. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1980 (Tamil Nadu Act 21 of
1980 )
243. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1981 (Tamil Nadu Act 59 of
1981 )
244. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1983 (Tamil Nadu
Act 2 of 1984 )
245. The Uttar Pradesh Land
Laws (Amendment) Act, 1982 (Uttar Pradesh Act 20 of 1982 )
246. The West Bengal Land
Reforms (Amendment) Act, 1965 (West Bengal Act 18 of 1965 )
247. The West Bengal Land
Reforms (Amendment) Act, 1966 (West Bengal Act 11 of 1966 )
248. The West Bengal Land
Reforms (Second Amendment) Act, 1969 (West Bengal Act 23 of 1969 )
249. The West Bengal Estate
Acquisition (Amendment) Act, 1977 (West Bengal Act 36 of 1977 )
250. The West Bengal Land
Holding Revenue Act, 1979 (West Bengal Act 44 of 1979 )
251. The West Bengal Land
Reforms (Amendment) Act, 1980 (West Bengal Act 41 of 1980 )
252. The West Bengal Land
Holding Revenue (Amendment) Act, 1981 (West Bengal Act 33 of 1981 )
253. The Calcutta Thikka
Tenancy (Acquisition and Regulation) Act, 1981 (West Bengal Act 37 of 1981 )
254. The West Bengal Land
Holding Revenue (Amendment) Act, 1982 (West Bengal Act 23 of 1982 )
255. The Calcutta Thikka
Tenancy (Acquisition and Regulation) (Amendment) Act, 1984 (West Bengal Act 41
of 1984 )
256. The Mahe Land Reforms
Act, 1968 (Pondicherry Act 1 of 1968 )
257. The Mahe Land Reforms
(Amendment) Act, 1980 (Pondicherry Act 1 of 1981 )
257A. The Tamil Nadu
Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats
in Educational Institutions and of appointments or posts in the Services under
the State) Act 1993 (Tamil Nadu Act 45 of 1994 )
258. The Bihar Privileged
persons Homestead Tenancy Act, 1947 (Bihar Act 4 of 1948 )
259. The Bihar Consolidation
of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act 22 of 1956 )
260. The Bihar Consolidation
of Holdings and Prevention of Fragmentation (Amendment) Act, 1970 (Bihar Act 7
of 1970 )
261. The Bihar Privileged
Persons Homestead Tenancy (Amendment) Act, 1970 (Bihar Act 9 of 1970 )
262. The Bihar Consolidation
of Holdings and Prevention of Fragmentation (Amendment) Act, 1973 (Bihar Act 27
of 1975 )
263. The Bihar Consolidation
of Holdings and Prevention of Fragmentation (Amendment) Act, 1981 (Bihar Act 35
of 1982 )
264. The Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act,
1987 (Bihar Act 21 of 1987 )
265. The Bihar Privileged
Persons Homestead Tenancy (Amendment) Act, 1989 (Bihar Act 11 of 1989 )
266. The Bihar Land Reforms
(Amendment) Act, 1989 (Bihar Act 11 of 1990 )
267. The Karnataka Scheduled
Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)
(Amendment) Act, 1984 (Karnataka Act 3 of 1984 )
268. The Kerala land Reforms
(Amendment) Act, 1989 (Kerala Act 16 of 1989 )
269. The Kerala land Reforms
(Second Amendment) Act, 1989 (Kerala Act 2 of 1990 )
270. The Orissa Land Reforms
Amendment Act, 1989 (Orissa Act 9 of 1990 )
271. The Rajasthan Tenancy
(Amendment) Act, 1979 (Rajasthan Act 16 of 1979 )
272. The Rajasthan
Colonisation (Amendment) Act, 1987 (Rajasthan Act 2 of 1987 )
273. The Rajasthan
Colonisation (Amendment) Act, 1989 (Rajasthan Act 12 of 1989 )
274. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1983 (Tamil Nadu Act 3 of
1984 )
275. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1986 (Tamil Nadu Act 57 of
1986 )
276. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1987 (Tamil Nadu
Act 4 of 1988 )
277. The Tamil Nadu Land
Reforms (Fixation of Ceiling on Land) Amendment Act, 1989 (Tamil Nadu Act 30 of
1989 )
278. The West Bengal Land
Reforms (Amendment) Act, 1981 (West Bengal Act 50 of 1981 )
279. The West Bengal Land
Reforms (Amendment) Act, 1986 (West Bengal Act 5 of 1986 )
280. The West Bengal Land
Reforms (Second Amendment) Act, 1986 (West Bengal Act 19 of 1986 )
281. The West Bengal Land
Reforms (Third Amendment) Act, 1981 (West Bengal Act 35 of 1986 )
282. The West Bengal Land
Reforms (Amendment) Act, 1989 (West Bengal Act 23 of 1989 )
283. The West Bengal Land
Reforms (Amendment) Act, 1990 (West Bengal Act 24 of 1990 )
284. The West Bengal Land
Reforms Tribunal Act, 1991 (West Bengal Act 12 of 1991 ) Explanation Any
acquisition made under the Rajasthan Tenancy Act, 1955 (Rajasthan Act III of
1955 ), in contravention of the second proviso to clause ( 1 ) of article 31 A
shall, to the extent of the contravention, be void TENTH SCHEDULE Articles 102
( 2 ) and 191 ( 2 ) Provisions as to disqualification on ground of defection
1. Interpretation In this
Schedule, unless the context otherwise requires,
(a) House means either House
of Parliament or the Legislative Assembly or, as the case may be, either House
of the Legislature of a State;
(b) legislature party, in
relation to a member of a House belonging to any political party in accordance
with the provisions of paragraph 2 or paragraph 3 or, as the case may be,
paragraph 4, means the group consisting of all the members of that House for
the time being belonging to that political party in accordance with the said
provisions;
(c) original political
party, in relation to a member of a House, means the political party to which
he belongs for the purposes of sub paragraph ( 1 ) of paragraph 2;
(d) paragraph means a
paragraph of this Schedule
2. Disqualification on
ground of defection
(1) Subject to the
provisions of paragraphs 3, 4 and 5, a member of a House belonging to any
political party shall be disqualified for being a member of the House
(a) if he has voluntarily
gives up his membership of such political party; or
(b) if he votes or abstains
from voting in such House contrary to any direction issued by the political
party to which he belongs or by any person or authority authorised by it in
this behalf, without obtaining, in either case, the prior permission of such
political party, person or authority and such voting or abstention has not been
condoned by such political party, person or authority within fifteen days from
the date of such voting or abstention Explanation For the purposes of this sub
paragraph,
(a) an elected member of a
House shall be deemed to belong to the political party, if any, by which he was
set up as a candidate for election as such member;
(b) a nominated member of a
House shall,
(i) where he is a member of
any political party on the date of his nomination as such member, be deemed to
belong to such political party;
(ii) in any other case, be
deemed to belong to the political party of which he becomes, or, as the case
may be, first becomes a member before the expiry of six months from the date on
which he takes his seat after complying with the requirements of article 99 or,
as the case may be, article 188
(2) An elected member of a
House who has been elected as such otherwise than as a candidate set up by any
political party shall be disqualified for being a member of the House if he
joins any political party after such election
(3) A nominated member of a
House shall be disqualified for being a member of the House if he joins any
political party after the expiry of six months from the date on which he takes
his seat after complying with the requirements of article 99 or, as the case
may be, article 188
(4) Notwithstanding anything
contained in the foregoing provisions of this paragraph, a person who, on the
commencement of the Constitution (Fifty second Amendment) Act, 1985 , is a
member of a House (whether elected or nominated as such) shall,
(i) where he was a member of
political party immediately before such commencement, be deemed, for the
purposes of sub paragraph ( 1 ) of this paragraph, to have been elected as a
member of such House as a candidate set up by such political party;
542503 ii in any other case, be
deemed to be an elected member of the House who has been elected as such
otherwise than as a candidate set up by any political party for the purposes of
sub paragraph ( 2 ) of this paragraph or, as the case may be, deemed to be a
nominated member of the House for the purposes of sub paragraph ( 3 ) of this
paragraph
3. Disqualification on
ground of defection not to apply in case of split Where a member of a House
makes a claim that he and any other members of his legislature party constitute
the group representing a faction which has arisen as a result of a split in his
original political party and such group consists of not less than one third of
the members of such legislature party,
(a) he shall not be
disqualified under sub paragraph ( 1 ) of paragraph 2 on the ground
(i) that he has voluntarily
given up his membership of his original political party; or
(ii) that he has voted or
abstained from voting in such House contrary to any direction issued by such
party or by any person or authority authorised by it in that behalf without
obtaining the prior permission of such party, person or authority and such
voting or abstention has not been condoned by such party, person or authority
within fifteen days from the date of such voting or abstention; and
(b) from the time of such
split, such faction shall be deemed to be the political party to which he
belongs for the purposes of sub paragraph ( 1 ) of paragraph 2 and to be his
original political party for the purposes of this paragraph
4. Disqualification on
ground of defection not to apply in case of merger ( 1 ) A member of a House
shall not be disqualified under sub paragraph ( 1 ) of paragraph 2 where his
original political party merges with another political party and he claims that
he and any other members of his original political party
(a) have become members of
such other political party or, as the case may be, of a new political party
formed by such merger; or
(b) have not accepted the
merger and opted to function as a separate group, and from the time of such
merger, such other political party or new political party or group, as the case
may be, shall be deemed to be the political party to which he belongs for the
purposes of sub paragraph ( 1 ) of paragraph 2 and to be his original political
party for the purposes of this sub paragraph
5. Exemption Notwithstanding
anything contained in this Schedule, a person who has been elected to the
office of the Speaker or the Deputy Speaker of the House of the People or the
Deputy Chairman of the Council of States or the Chairman or the Deputy Chairman
of the Legislative Council of a State or the Speaker or the Deputy Speaker of
the Legislative Assembly of a State, shall not be disqualified under this
Schedule,
(a) if he, by reason of his
election to such office, voluntarily gives up the membership of the political
party to which he belonged immediately before such election and does not, so
long as he continues to hold such office thereafter, rejoin that political
party or become a member of another political party; or
(b) if he, having given up
by reason of his election to such office his membership of the political party
to which he belonged immediately before such election, rejoins such political
party after he ceases to hold such office
6. Decision on questions as
to disqualification on ground of defection ( 1 ) If any question arises as to
whether a member of a House has become subject to disqualification under this
Schedule, the question shall be referred for the decision of the Chairman or,
as the case may be, the Speaker of such House and his decision shall be final:
Provided that where the question which has arisen is as to whether the Chairman
or the Speaker of a House has become subject to such disqualification, the
question shall be referred for the decision of such member of the House as the
House may elect in this behalf and his decision shall be final
(2) All proceedings under
sub paragraph ( 1 ) of this paragraph in relation to any question as to
disqualification of a member of a House under this Schedule shall be deemed to
be proceedings in Parliament within the meaning of article 122 or, as the case
may be, proceedings in the Legislature of a State within the meaning of article
212
7. Bar of jurisdiction of
courts Notwithstanding anything in this Constitution, no court shall have any
jurisdiction in respect of any matter connected with the disqualification of a
member of a House under this Schedule
8. Rules ( 1 ) Subject to
the provisions of sub paragraph ( 2 ) of this paragraph, the Chairman or the Speaker
of a House may make rules for giving effect to the provisions of this Schedule,
and in particular, and without prejudice to the generality of the foregoing,
such rules may provide for
(a) the maintenance of
registers or other records as to the political parties if any, to which
different members of the House belong;
(b) the report which the
leader of a legislature party in relation to a member of a House shall furnish
with regard to any condonation of the nature referred to in clause (b) of sub
paragraph ( 1 ) of paragraph 2 in respect of such member, the time within which
and the authority to whom such report shall be furnished;
(c) the reports which a
political party shall furnish with regard to admission to such political party
of any members of the House and the officer of the House to whom such reports
shall be furnished; and
(d) the procedure for
deciding any question referred to in sub paragraph ( 1 ) of paragraph 6
including the procedure for any inquiry which may be made for the purpose of
deciding such question
1. Agriculture, including
agricultural extension
2. Land improvement,
implementation of land reforms, land consolidation and soil conservation
3. Minor irrigation, water
management and watershed development
4. Animal husbandry,
dairying and poultry
5. Fisheries
6. Social forestry and farm
forestry
7. Minor forest produce
8. Small scale industries,
including food processing industries
9. Khadi, village and
cottage industries
10. Rural housing
11. Drinking water
12. Fuel and fodder
13. Roads, culverts,
bridges, ferries, waterways and other means of communication
14. Rural electrification,
including distribution of electricity
15. Non conventional energy
sources
16. Poverty alleviation
programme
17. Education, including
primary and secondary schools
18. Technical training and
vocational education
19. Adult and non formal
education
20. Libraries
21. Cultural activities
22. Markets and fairs
23. Health and sanitation,
including hospitals, primary health centres and dispensaries
24. Family welfare
25. Women and child
development
26. Social welfare,
including welfare of the handicapped and mentally retarded
27. Welfare of the weaker
sections, and in particular, of the Scheduled Castes and the Scheduled Tribes
28. Public distribution
system
29. Maintenance of community
assets TWELFTH SCHEDULE Article 243W
1. Urban planning including
town planning
2. Regulation of land use
and construction of buildings
3. Planning for economic and
social development
4. Roads and bridges
5. Water supply for
domestic, industrial and, commercial purposes
6. Public health, sanitation
conservancy and solid waste management
7. Fire services
8. Urban forestry protection
of the environment and promotion of ecological aspects
9. Safeguarding the
interests of weaker sections of society, including the handicapped and mentally
retarded
10. Slum improvement and upgradation
11. Urban poverty
alleviation
12. Provision of urban
amenities and facilities such as parks, gardens, play grounds
13. Promotion of cultural,
educational and aesthetic aspects
14. Burials and burial
grounds; cremations, cremation grounds and electric crematoriums
15. Cattle ponds; prevention
of cruelty to animals
16. Vital statistics
including registration of births and deaths
17. Public amenities
including street lighting, parking lots, bus stops and public conveniences
18. Regulation of slaughter
houses and tanneries
