मौलिक अधिकार या मूल अधिकार कौन-कौन से हैं
THE CONSTITUTION OF INDIA मौलिक अधिकार या मूल अधिकार कौन-कौन से हैं

Enter your email address: कृपया अपने ई-मेल इनबॉक्स मे वेरिफ़िकेशन लिंक पर क्लिक करें और सब्सक्रिप्शन को वेरीफाई भी अवश्य करें

कृपया अपने ई-मेल इनबॉक्स मे वेरिफ़िकेशन लिंक पर क्लिक करें और सब्सक्रिप्शन को वेरीफाई करें

THE CONSTITUTION OF INDIA
WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a 1[SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and
to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and
worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual
and the 2[unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twentysixth
day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 2, for “SOVEREIGN
DEMOCRATIC REPUBLIC” (w.e.f. 3-1-1977).
2Subs. by s. 2, ibid., for “unity of the Nation” (w.e.f. 3-1-1977).
Preamble.
PART I
THE UNION AND ITS TERRITORY

THE UNION AND ITS TERRITORY

  1. (1) India, that is Bharat, shall be a Union of States.
    1[(2) The States and the territories thereof shall be as
    specified in the First Schedule.]
    (3) The territory of India shall comprise—
    (a) the territories of the States;
    2[(b) the Union territories specified in the First
    Schedule; and]
    (c) such other territories as may be acquired.
  2. Parliament may by law admit into the Union, or
    establish, new States on such terms and conditions as it
    thinks fit.
    32A. [Sikkim to be associated with the Union.] Rep. by the
    Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f.
    26-4-1975).
  3. 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:
    4[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
    Name and territory
    of the Union.
    Admission or
    establishment of
    new States.
    Formation of new
    States and
    alteration of areas,
    boundaries or
    names of existing
    States.
    1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2).
    2Subs. by s. 2, ibid., for sub-clause (b).
    3Article 2A was ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 2 (w.e.f.
    1-3-1975).
    4Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso.
    2
    or name of any of the States 1***, 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.]
    2[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. (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.
    THE CONSTITUTION OF INDIA
    (Part I.—The Union and its territory.—Arts. 3-4.)
    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.
    1The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    2Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2.
    3
    PART II
    CITIZENSHIP
  5. 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 immediately
    preceding such commencement,
    shall be a citizen of India.
  6. 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
    grandparents 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 for at least
    six months immediately preceding the date of his
    application.
    Citizenship at the
    commencement of
    the Constitution.
    Rights of
    citizenship of
    certain persons
    who have migrated
    to India from
    Pakistan.
    4
  7. 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. Notwithstanding anything in article 5, any person
    who or either of whose parents or any of whose
    grandparents 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. 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. 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. 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.
    THE CONSTITUTION OF INDIA
    (Part II.—Citizenship.—Arts. 7—11.)
    Rights of
    citizenship of
    certain persons of
    Indian origin
    residing outside
    India.
    5
    Rights of
    citizenship of
    certain migrants to
    Pakistan.
    Persons voluntarily
    acquiring
    citizenship of a
    foreign State not to
    be citizens.
    Continuance of the
    rights of
    citizenship.
    Parliament to
    regulate the right
    of citizenship by
    law.
    PART III
    FUNDAMENTAL RIGHTS
    General
  12. 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. (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,—
    (a) “law” includes any Ordinance, order, bye-law,
    rule, regulation, notification, custom or usage having
    in the territory of India the force of law;
    (b) “laws in force” includes laws 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 any such law or any part thereof
    may not be then in operation either at all or in
    particular areas.
    1[(4) Nothing in this article shall apply to any
    amendment of this Constitution made under article 368.]
    Right to Equality
  14. The State shall not deny to any person equality
    before the law or the equal protection of the laws within the
    territory of India.
    Definition.
    Laws inconsistent
    with or in
    derogation of the
    fundamental rights.
    6
    Equality before
    law.
    1Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2.
  15. (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
    places 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.
    1[(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.]
    2[(5) Nothing in this article or in sub-clause (g) of
    clause (1) of article 19 shall prevent the State from making
    any special provision, by law, for the advancement of
    any socially and educationally backward classes of
    citizens or for the Scheduled Castes or the Scheduled
    Tribes in so far as such special provisions relate to their
    admission to educational institutions including private
    educational institutions, whether aided or unaided by
    the State, other than the minority educational institutions
    referred to in clause (1) of article 30.]
  16. (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
    of, 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
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 15-16.)
    Prohibition of
    discrimination on
    grounds of
    religion, race,
    caste, sex or place
    of birth.
    7
    Equality of
    opportunity in
    matters of public
    employment.
    1Added by the Constitution (First Amendment) Act, 1951, s. 2.
    2Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f. 20-1-2006).
    1[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 favour of any backward class of citizens which,
    in the opinion of the State, is not adequately represented
    in the services under the State.
    2[(4A) Nothing in this article shall prevent the State
    from making any provision for reservation 3[in matters
    of promotion, with consequential seniority, to any class]
    or classes of posts in the services under the State in favour
    of the Scheduled Castes and the Scheduled Tribes which,
    in the opinion of the State, are not adequately represented
    in the services under the State.]
    4[(4B) Nothing in this article shall prevent the State
    from considering any unfilled vacancies of a year which
    are reserved for being filled up in that year in accordance
    with any provision for reservation made under clause (4)
    or clause (4A) as a separate class of vacancies to be filled
    up in any succeeding year or years and such class of
    vacancies shall not be considered together with the
    vacancies of the year in which they are being filled up for
    determining the ceiling of fifty per cent. reservation on
    total number of vacancies of that year.]
    (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. “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. (1) No title, not being a military or academic
    distinction, shall be conferred by the State.
    (2) No citizen of India shall accept any title from any
    foreign State.
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 16—18.)
    8
    1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “under
    any State specified in the First Schedule or any local or other authority within its territory, any
    requirement as to residence within that State”.
    2Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2.
    3Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words
    (w.e.f. 17-6-1995).
    4Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).
    Abolition of
    Untouchability.
    Abolition of titles.
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 18-19.)
    9
    (3) 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.
    (4) 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. (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; 1[and]
    2* * * * *
    (g) to practise any profession, or to carry on any
    occupation, trade or business.
    3[(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 4[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 4[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 4[the sovereignty and
    Protection of
    certain rights
    regarding freedom
    of speech, etc.
    1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979).
    2Sub-clause (f) omitted by s. 2, ibid. (w.e.f. 20-6-1979).
    3Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for cl. (2) (with retrospective
    effect).
    4Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 2.
    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 1[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, 2[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. (1) No person shall be convicted of any offence
    except for violation of a 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. No person shall be deprived of his life or personal
    liberty except according to procedure established by law.
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 19—21.)
    10
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2, for ”sub-clauses
    (d), (e) and (f)” (w.e.f. 20-6-1979).
    2Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words.
    Protection in
    respect of
    conviction for
    offences.
    Protection of life
    and personal
    liberty.
    *[21A. The State shall provide free and compulsory
    education to all children of the age of six to fourteen years
    in such manner as the State may, by law, determine.]
  22. (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
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 21A-22.)
    11
    *Ins by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 2 (which is not yet in force, date
    to be notified later on).
    **Cl. (4) shall stand substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3
    (which is yet not in force, date to be notified later on) as—
    “(4) No law providing for preventive detention shall authorise the detention of a
    person for a longer period than two months unless an Advisory Board constituted in
    acordance with the recommendations of the Chief Justice of the appropriate Hight Court
    has reported before the expiration of the said period of two months that there is in its
    opinion sufficient cause for such detention:
    Provided that an Advisory Board shall consist of a Chairman and not less than two
    other members, and the Chairman shall be a serving Judge of the appropriate High
    Court and the other menbers shall be serving or retired Judges of any High Court:
    Provided further that nothing in this clause shall authorise the detention of any
    person beyond the maximum period prescribed by any law made by Parliament under
    sub-clause (a) of clause (7).
    Explanation.—In this clause, “appropriate High Court” means,—
    (i) in the case of the detention of a person in pursuance of an order of detention
    made by the Government of India or an officer or authority subordinate to that Government,
    the High Court for the Union territory of Delhi;
    (ii) in the case of the detention of a person in pursuance of an order of detention
    made by the Government of any State (other than a Union territory), the High Court for
    the State; and
    (iii) in the case of the detention of a person in pursuance of an order of detention
    made by the administrator of a Union territory or an officer or authority subordinate to
    such administrator, such High Court as may be specified by or under any law made by
    Parliament in this behalf.”
    Right to education.
    Protection against
    arrest and
    detention in
    certain cases.
    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:
    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
    (b) such person is detained in accordance with the
    provisions of any law made by Parliament under subclauses
    (a) and (b) of clause (7).
    (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)].
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Art. 22.)
    12
    *Sub-clause (a) shall stand omitted by the Constitution (Forty-fourth Amendment) Act,
    1978, s. 3 (which is yet not in force, date to be notified later on).
    **Sub-clause (b) shall stand relettered as sub-clause (a) by s. 3, ibid. (which is yet not in
    force, date to be notified later on).
    ***The words, letter and figure in brackets shall stand substituted as “clause (4)” by
    s. 3, ibid. (which is yet not in force, date to be notified later on).
    Right against Exploitation
  23. (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 purposes, 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. 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.
    Right to Freedom of Religion
  25. (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 (2), the
    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. 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;
    Prohibition of
    employment of
    children in
    factories, etc.
    Freedom of
    conscience and free
    profession, practice
    and propagation of
    religion.
    Prohibition of
    traffic in human
    beings and forced
    labour.
    Freedom to
    manage religious
    affairs.
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 23—26.)
    13
    (c) to own and acquire movable and immovable
    property; and
    (d) to administer such property in accordance with
    law.
  27. 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 religious denomination.
  28. (1) No religious 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. (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. (1) All minorities, whether based on religion or
    language, shall have the right to establish and administer
    educational institutions of their choice.
    1[(1A) In making any law providing for the
    compulsory acquisition of any property of an educational
    institution established and administered by a minority,
    Freedom as to
    payment of taxes
    for promotion of
    any particular
    religion.
    Freedom as to
    attendance at
    religious
    instruction or
    religious worship
    in certain
    educational
    institutions.
    Protection of
    interests of
    minorities.
    Right of minorities
    to establish and
    administer
    educational
    institutions.
    1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 26—30.)
    14
    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.
    1* * *
  31. [Compulsory acquisition of property.] Rep. by the
    Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f.
    20-6-1979).
    2[Saving of Certain Laws]
    3[31A. 4[(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
    Saving of laws
    providing for
    acquisition of
    estates, etc.
    1The sub-heading “Right to Property” omitted by the Constitution (Forty-fourth
    Amendment) Act, 1978, s. 5 (w.e.f. 20-6-1979).
    2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977).
    3Ins. by the Constitution (First Amendment) Act, 1951, s. 4 (with retrospective effect).
    4Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl. (1) (with
    retrospective effect).
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 30—31A.)
    15
    (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 1[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:]
    2[Provided further that where any law makes any
    provision for the acquisition by the State of any estate
    and where any land comprised therein is held by a person
    under his personal cultivation, it shall not be lawful for
    the State to acquire any portion of such land as is within
    the ceiling limit applicable to him under any law for the
    time being in force or any building or structure standing
    thereon or appurtenant thereto, unless the law relating
    to the acquisition of such land, building or structure,
    provides for payment of compensation at a rate which
    shall not be less than the market value thereof.]
    (2) In this article,—
    3[(a) the expression ”estate” shall, in relation to
    any local area, have the same meaning as that
    expression or its local equivalent has in the existing
    law relating to land tenures in force in that area and
    shall also include—
    (i) any jagir, inam or muafi or other similar grant
    and in the States of 4[Tamil Nadu] and Kerala,
    any janmam right;
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for “article 14,
    article 19 or article 31” (w.e.f. 20-6-1979).
    2Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 2.
    3Subs. by s. 2, ibid., for sub-clause (a) (with retrospective effect).
    4Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for
    “Madras”. (w.e..f. 14-1-1969).
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Art. 31A.)
    16
    (ii) any land held under ryotwari settlement;
    (iii) any land held or let for purposes of
    agriculture or for purposes ancillary thereto,
    including waste land, forest land, land for pasture
    or sites of buildings and other structures occupied
    by cultivators of land, agricultural labourers and
    village artisans;]
    (b) the expression ”rights”, in relation to an estate,
    shall include any rights vesting in a proprietor, subproprietor,
    under-proprietor, tenure-holder, 1[raiyat,
    under-raiyat] or other intermediary and any rights or
    privileges in respect of land revenue.]
    2[31B. 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.]
    3[31C. Notwithstanding anything contained in article
    13, no law giving effect to the policy of the State towards
    securing 4[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 5[article 14 or article 19]; 6and no law
    Validation of
    certain Acts and
    Regulations.
    1Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 3 (with retrospective effect).
    2Ins. by the Constitution (First Amendment) Act, 1951, s. 5.
    3Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972).
    4Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “the principles
    specified in clause (b) or clause (c) of article 39” (w.e.f. 3-1-1977). Section 4 has been declared
    invalid by the Supreme Court in Minerva Mills Ltd. and others vs. Union of India and others
    (1980) 2. S.C.C. 591.
    5Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 8, for “article 14,
    article 19 or article 31” (w.e.f. 20-6-1979).
    6In Kesavananda Bharati vs. The State of Kerala, (1973) Supp. S.C.R. 1, the Supreme Court
    held the provisions in italics to be invalid.
    Saving of laws
    giving effect to
    certain directive
    principles.
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 31A—31C.)
    17
    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.
    131D. [Saving of laws in respect of anti-national activities.]
    Rep. by the Constitution (Forty-third Amendment) Act, 1977,
    s. 2 (w.e.f. 13-4-1978).
    Right to Constitutional Remedies
  32. (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 clauses (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.
    232A. [Constitutional validity of State laws not to be
    considered in proceedings under article 32.] Rep. by the
    Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f.
    13-4-1978).
    Remedies for
    enforcement of
    rights conferred by
    this Part.
    1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 5 (w.e.f. 3-1-1977).
    2Ins. by s. 6, ibid. (w.e.f. 1-2-1977).
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 31C—32A.)
    18
    1[33. 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) person 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.]
  33. 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.
  34. 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;
    Power of
    Parliament to
    modify the rights
    conferred by this
    Part in their
    application to
    Forces, etc.
    Restriction on
    rights conferred by
    this Part while
    martial law is in
    force in any area.
    Legislation to give
    effect to the
    provisions of this
    Part.
    1Subs. by the Constitution (Fiftieth Amendment) Act, 1984, s. 2, for art. 33.
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Arts. 33—35.)
    19
    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 thereof 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.
    THE CONSTITUTION OF INDIA
    (Part III.—Fundamental Rights.—Art. 35.)
    20
    PART IV
    DIRECTIVE PRINCIPLES OF STATE POLICY
  35. In this Part, unless the context otherwise requires,
    “the State” has the same meaning as in Part III.
  36. 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.
  37. 1[(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[(2) The State shall, in particular, strive to minimise
    the inequalities in income, and endeavour 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.]
  38. The State shall, in particular, direct its policy
    towards securing—
    (a) that the citizens, men and women equally, have
    the right to an adequate means of livelihood;
    (b) that the ownership and control of the material
    resources of the community are so distributed as best
    to subserve the common good;
    (c) that the operation of the economic system does
    not result in the concentration of wealth and means
    of production to the common detriment;
    (d) that there is equal pay for equal work for both
    men and women;
    Definition.
    Application of the
    principles
    contained in this
    Part.
    State to secure a
    social order for
    the promotion of
    welfare of the
    people.
    Certain principles
    of policy to be
    followed by the
    State.
    1Art. 38 renumbered as cl. (1) thereof by the Constitution (Forty-fourth Amendment)
    Act, 1978, s. 9 (w.e.f. 20-6-1979).
    2Ins. by s. 9, ibid. (w.e.f 20-6-1979).
    21
    (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;
    1[(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.]
    2[39A. 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.]
  39. The State shall take steps to organise village
    panchayats and endow them with such powers and
    authority as may be necessary to enable them to function
    as units of self-government.
  40. 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.
  41. The State shall make provision for securing just
    and humane conditions of work and for maternity relief.
  42. 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
    1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl. (f) (w.e.f.
    3-1-1977).
    2Ins. by s. 8, ibid. (w.e.f. 3-1-1977).
    Equal justice and
    free legal aid.
    Organisation of
    village panchayats.
    Right to work, to
    education and to
    public assistance
    in certain cases.
    Provision for just
    and humane
    conditions of work
    and maternity
    relief.
    Living wage, etc.,
    for workers.
    THE CONSTITUTION OF INDIA
    (Part IV.—Directive Principles of State Policy.—
    Arts. 39—43.)
    22
    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.
    1[43A. 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.]
  43. The State shall endeavour to secure for the citizens
    a uniform civil code throughout the territory of India.
    *[45. 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.]
  44. 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.
  45. 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.
  46. 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.
    Participation of
    workers in
    management of
    industries.
    Uniform civil code
    for the citizens.
    Provision for free
    and compulsory
    education for
    children.
    1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 9 (w.e.f. 3-1-1977).
    *Art. 45 shall stand substituted by the Constitution (Eighty-sixth Amendment) Act,
    2002, s. 3 (which is yet not in force, date to be notified later on) as—
    “45. Provision for early childhood care and education to children below the
    age of six years.—The State shall endeavour to provide early childhood care and education
    for all children until they complete the age of six years.”.
    Promotion of
    educational and
    economic interests
    of Scheduled
    Castes, Scheduled
    Tribes and other
    weaker sections.
    Duty of the State
    to raise the level
    of nutrition and
    the standard of
    living and to
    improve public
    health.
    Organisation of
    agriculture and
    animal husbandry.
    THE CONSTITUTION OF INDIA
    (Part IV.—Directive Principles of State Policy.—
    Arts. 43—48A.)
    23
    Protection and
    improvement of
    environment and
    safeguarding of
    forests and wild
    life.
    1[48A. The State shall endeavour to protect and
    improve the environment and to safeguard the forests
    and wild life of the country.]
  47. It shall be the obligation of the State to protect
    every monument or place or object of artistic or historic
    interest, 2[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.
  48. The State shall take steps to separate the judiciary
    from the executive in the public services of the State.
  49. 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 organized peoples with
    one another; and
    (d) encourage settlement of international disputes
    by arbitration.
    1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 10 (w.e.f.
    3-1-1977).
    2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by
    Parliament by law”.
    Protection of
    monuments and
    places and objects
    of national
    importance.
    Separation of
    judiciary from
    executive.
    THE CONSTITUTION OF INDIA
    (Part IV.—Directive Principles of State Policy.—
    Arts. 48A—51.)
    24
    Promotion of
    international peace
    and security.
    1[PART IVA
    FUNDAMENTAL DUTIES
    51A. 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;
    *[(k) who is a parent or guardian to provide
    opportunities for education to his child or, as the
    case may be, ward between the age of six and
    fourteen years.]
    Fundamental
    duties.
    1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 11 (w.e.f. 3-1-1977).
    *Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 4 (which is yet not in
    force, date to be notified later on).
    25
    PART V
    THE UNION
    CHAPTER I.—THE EXECUTIVE
    The President and Vice-President
  50. There shall be a President of India.
  51. (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.
  52. The President shall be elected by the members of
    an electoral college consisting of—
    (a) the elected members of both Houses of
    Parliament; and
    (b) the elected members of the Legislative
    Assemblies of the States.
    1[Explanation.—In this article and in article 55, ”State”
    includes the National Capital Territory of Delhi and the
    Union territory of *Pondicherry.]
    The President of
    India.
    Executive power
    of the Union.
    1Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1995).
    *Now Puducherry, vide the Pondicherry (Alteration of Name) Act, 2006, s. 3 (w.e.f.
    1-10-2006).
    26
    Election of
    President.
  53. (1) As far as practicable, there shall be uniformity
    in the scale of representation of the 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 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-clauses (a) and
    (b) by the total number of the elected members of
    both Houses of Parliament, fractions exceeding onehalf
    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.
    1[Explanation.—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 Explanation to the
    last preceding census of which the relevant figures have
    Manner of election
    of President.
    1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 12, for the Explanation
    (w.e.f. 3-1-1977).
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Art. 55.)
    27
    been published shall, until the relevant figures for the
    first census taken after the year 1[2026] have been
    published, be construed as a reference to the 1971 census.]
  54. (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.
  55. 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.
  56. (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
    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.
    Term of office of
    President.
    Qualifications for
    election as
    President.
    Eligibility for reelection.
    1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for “2000”.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 55—58.)
    28
    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 1*** of any State or is a Minister
    either for the Union or for any State.
  57. (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 not be diminished during his term of office.
  58. 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—
    “I, A.B., do swear in the name of God that I will faithsolemnly
    affirm
    fully execute the office of President (or discharge
    the functions of the President) of India and will to the
    best of my ability preserve, protect and defend the
    Conditions of
    President’s office.
    Oath or affirmation
    by the President.
    1The words “or Rajpramukh or Uparajpramukh” omitted by the Constitution (Seventh
    Amendment) Act, 1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 58—60.)
    29
    Constitution and the law and that I will devote myself to
    the service and well-being of the people of India”.
  59. (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 at 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 caused 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.
  60. (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,
    Procedure for
    impeachment of
    the President.
    Time of holding
    election to fill
    vacancy in the
    office of President
    and the term of
    office of person
    elected to fill
    casual vacancy.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 60—62.)
    30
    be entitled to hold office for the full term of five years from
    the date on which he enters upon his office.
  61. There shall be a Vice-President of India.
  62. The Vice-President shall be ex officio Chairman of
    the Council 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.
  63. (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.
  64. (1) The Vice-President shall be elected by the
    1[members of an electoral college consisting of the
    members of both Houses of Parliament] in accordance
    The Vice-President
    of India.
    The Vice-President
    to be ex officio
    Chairman of the
    Council of States.
    The Vice-President
    to act as President
    or to discharge his
    functions during
    casual vacancies in
    the office, or
    during the absence,
    of President.
    Election of Vice-
    President.
    1Subs. by the Constitution (Eleventh Amendment) Act, 1961, s. 2, for “members of both
    Houses of Parliament assembled at a joint meeting”.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 62—66.)
    31
    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; and
    (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 1*** of any State or is a Minister
    either for the Union or for any State.
  65. 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;
    Term of office of
    Vice-President.
    1The words “or Rajpramukh or Uparajpramukh” omitted by the Constitution (Seventh
    Amendment) Act, 1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 66—67.)
    32
    (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 resolution;
    (c) a Vice-President shall, notwithstanding the
    expiration of his term, continue to hold office until
    his successor enters upon his office.
  66. (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.
  67. 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—
    “I, A.B., do swear in the name of God that I 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.”
  68. Parliament may make such provisions as it thinks
    fit for the discharge of the functions of the President in
    any contingency not provided for in this Chapter.
    1[71. (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.
    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.
    Oath or affirmation
    by the Vice-
    President.
    Discharge of
    President’s
    functions in other
    contingencies.
    Matters relating
    to, or connected
    with, the election
    of a President or
    Vice-President.
    1Art. 71 has been successively subs. by the Constitution (Thirty-ninth Amendment)
    Act, 1975, s. 2 (w.e.f. 10-8-1975) and the Constitution (Forty-fourth Amendment) Act, 1978,
    s. 10, to read as above (w.e.f. 20-6-1979).
    solemnly affirm
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 67—71.)
    33
    (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.]
  69. (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) Nothing in sub-clause (a) of clause (1) shall affect
    the power conferred by law on any officer of the Armed
    Forces of the Union to suspend, remit or commute a
    sentence passed by a Court Martial.
    (3) Nothing in sub-clause (c) of clause (1) shall affect
    the power to suspend, remit or commute a sentence of
    death exercisable by the Governor 1*** of a State under
    any law for the time being in force.
    Power of President
    to grant pardons,
    etc., and to
    suspend, remit or
    commute sentences
    in certain cases.
    1The words “or Rajpramukh “ omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 71—72.)
    34
  70. (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 or agreement:
    Provided that the executive power referred to in subclause
    (a) shall not, save as expressly provided in this
    Constitution or in any law made by Parliament, extend in
    any State 1*** to matters with respect to 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
  71. 2[(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:]
    3[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.
    Extent of executive
    power of the
    Union.
    Council of
    Ministers to aid
    and advise
    President.
    1The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 13, for cl. (1) (w.e.f.
    3-1-1977).
    3Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 73—74.)
    35
  72. (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.
    1[(1A) The total number of Ministers, including the
    Prime Minister, in the Council of Ministers shall not
    exceed fifteen per cent. of the total number of members
    of the House of the People.
    (1B) A member of either House of Parliament
    belonging to any political party who is disqualified for
    being a member of that House under paragraph 2 of the
    Tenth Schedule shall also be disqualified to be appointed
    as a Minister under clause (1) for duration of the period
    commencing from the date of his disqualification till the
    date on which the term of his office as such member
    would expire or where he contests any election to either
    House of Parliament before the expiry of such period, till
    the date on which he is declared elected, whichever is
    earlier.]
    (2) The Ministers shall hold office during the pleasure
    of the President.
    (3) The Council of Ministers shall be collectively
    responsible to the House of the People.
    (4) Before a Minister enters upon his office, the
    President shall administer to him the oaths of office and
    of secrecy according to the forms set out for the purpose
    in the Third Schedule.
    (5) A Minister who for any period of six consecutive
    months is not a member of either House of Parliament
    shall at the expiration of that period cease to be a Minister.
    (6) The salaries and allowances of Ministers shall be
    such as Parliament may from time to time by law
    determine and, until Parliament so determines, shall be
    as specified in the Second Schedule.
    The Attorney-General for India
  73. (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
    Other provisions as
    to Ministers.
    1Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2.
    Attorney-General
    for India.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 75—76.)
    36
    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
  74. (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 rules1 to be made by
    the President, and the validity of an order or instrument
    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 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.
    2* * * *
  75. 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
    Conduct of
    business of the
    Government of
    India.
    Duties of Prime
    Minister as respects
    the furnishing of
    information to the
    President, etc.
    1See Notification No. S. O. 2297, dated the 3rd November, 1958, Gazette of India,
    Extraordinary, 1958, Pt. II, Sec. 3(ii), p. 1315, as amended from time to time.
    2Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 14 (w.e.f.
    3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 12
    (w.e.f. 20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 76—78.)
    37
    (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
  76. 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.
  77. (1) 1[2* 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 3[and of the Union territories.] (2) The allocation of seats in the Council of States to be filled by representatives of the States 3[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 4* 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 5[Union territories] in
    the Council of States shall be chosen in such manner as
    Parliament may by law prescribe.
    Constitution of
    Parliament.
    Composition of the
    Council of States.
    1Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for “The Council of
    States” (w.e.f. 1-3-1975).
    2The words “subject to the provisions of paragraph 4 of the Tenth Schedule” omitted by
    the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).
    3Added by the Constitution (Seventh Amendment) Act, 1956, s. 3.
    4The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    s. 3, ibid.
    5Subs. by s. 3, ibid., for “States specified in Part C of the First Schedule”.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 78—80.)
    38
    1[81. (1) 2[Subject to the provisions of article 331 3***],
    the House of the People shall consist of—
    (a) not more than 4[five hundred and thirty
    members] chosen by direct election from territorial
    constituencies in the States, and
    (b) not more than 5[twenty members] to represent
    the Union territories, chosen in such manner as
    Parliament may by law provide.
    (2) For the purposes of sub-clause (a) of clause (1),—
    (a) there shall be allotted to each State a number
    of seats in the House of the People in such manner
    that the ratio between that number and the
    population of the State is, so far as practicable, the
    same for all States; and
    (b) each State shall be divided into territorial
    constituencies in such manner that the ratio between
    the population of each constituency and the number
    of seats allotted to it is, so far as practicable, the
    same throughout the State:
    6[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:
    7[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 8[2026] have been published,
    9[be construed,—
    Composition of the
    House of the
    People.
    1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 4, for arts. 81 and 82.
    2Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974 s. 4, for “Subject to the
    provisions of article 331” (w.e.f. 1-3-1975).
    3The words and figure “and paragraph 4 of the Tenth Schedule” omitted by the
    Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).
    4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for
    “five hundred and twenty-five members” (w.e.f. 30-5-1987).
    5Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for “twenty-five
    members”.
    6Ins. by s. 2, ibid.
    7Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 15 (w.e.f. 3-1-1977).
    8Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 3, for “2000”.
    9Subs. by s. 3, ibid., for certain words.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Art. 81.)
    39
    (i) for the purposes of sub-clause (a) of clause (2)
    and the proviso to that clause, as a reference to the
    1971 census; and
    (ii) for the purposes of sub-clause (b) of clause (2)
    as a reference to the 1[2001] census.]]
  78. 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:
    2[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 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 3[2026] have been
    published, it shall not be necessary to 4[readjust—
    (i) the allocation of seats in the House of
    People to the States as readjusted on the basis of the
    1971 census; and
    (ii) the division of each State into territorial
    constituencies as may be readjusted on the basis of
    the 5[2001] census,
    under this article.]]
  79. (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.
    Readjustment after
    each census.
    Duration of Houses
    of Parliament.
    1Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 2, for “1991”.
    2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 16 (w.e.f. 3-1-1977).
    3Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 4, for “2000”.
    4Subs. by s. 4, ibid., for certain words.
    5Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 3, for “1991”.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 81—83.)
    40
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 13, for “six years”
    (w.e.f. 20-6-1979). The words “six years” were subs. for the original words “five years” by
    the Constitution (Forty-second Amendment) Act, 1976, s. 17 (w.e.f. 3-1-1977).
    2Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 3, for cl. (a).
    3Subs. by the Constitution (First Amendment) Act, 1951, s. 6, for art. 85.
    (2) The House of the People, unless sooner dissolved,
    shall continue for 1[five years] from the date appointed
    for its first meeting and no longer and the expiration of
    the said period of 1[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
    at a time and not extending in any case beyond a period
    of six months after the Proclamation has ceased to operate.
  80. A person shall not be qualified to be chosen to fill
    a seat in Parliament unless he—
    2[(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.
    3[85. (1) The President shall from 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.]
  81. (1) The President may address either House of
    Parliament or both Houses assembled together, and for
    that purpose require the attendance of members.
    Qualification for
    membership of
    Parliament.
    Sessions of
    Parliament,
    prorogation and
    dissolution.
    Right of President
    to address and
    send messages to
    Houses.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 83—86.)
    41
    (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 despatch
    consider any matter required by the message to be taken
    into consideration.
  82. (1) At the commencement of 1[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 the rules regulating
    the procedure of either House for the allotment of time for
    discussion of the matters referred to in such address 2***.
  83. 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
  84. (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 Chairman
    thereof and, so often as the office of Deputy Chairman
    becomes vacant, the Council shall choose another member
    to be Deputy Chairman thereof.
  85. A member holding office as Deputy Chairman of
    the Council of States—
    (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 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:
    1Subs. by the Constitution (First Amendment) Act, 1951, s. 7, for “every session”.
    2The words “and for the precedence of such discussion over other business of the House”
    omitted by s. 7, ibid.
    Special address by
    the President.
    Rights of Ministers
    and Attorney-
    General as respects
    Houses.
    The Chairman and
    Deputy Chairman
    of the Council of
    States.
    Vacation and
    resignation of, and
    removal from, the
    office of Deputy
    Chairman.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 86—90.)
    42
    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.
  86. (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.
  87. (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 the 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.
  88. 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.
    Power of the
    Deputy Chairman
    or other person to
    perform the duties
    of the office of, or
    to act as,
    Chairman.
    The Chairman or
    the Deputy
    Chairman not to
    preside while a
    resolution for his
    removal from office
    is under
    consideration.
    The Speaker and
    Deputy Speaker
    of the House of
    the People.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 90—93.)
    43
  89. 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.
  90. (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.
  91. (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
    Vacation and
    resignation of, and
    removal from, the
    offices of Speaker
    and Deputy
    Speaker.
    Power of the
    Deputy Speaker or
    other person to
    perform the duties
    of the office of, or
    to act as, Speaker.
    The Speaker or the
    Deputy Speaker
    not to preside
    while a resolution
    for his removal
    from office is
    under
    consideration.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 94—96.)
    44
    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.
  92. 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.
  93. (1) Each House of Parliament shall have a separate
    secretarial 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.
    Salaries and
    allowances of the
    Chairman and
    Deputy Chairman
    and the Speaker
    and Deputy
    Speaker.
    Secretariat of
    Parliament.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 96—98.)
    45
    Conduct of Business
  94. 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.
  95. (1) Save as otherwise provided in this
    Constitution, all questions at any sitting of either House
    or joint sitting of the Houses shall be determined by a
    majority of votes of the members present and voting,
    other than the Speaker or person acting as Chairman or
    Speaker.
    The Chairman or Speaker, or person acting as such,
    shall not vote in the first instance, but shall have and
    exercise a casting vote in the case of an equality of votes.
    (2) Either House of Parliament shall have power to
    act notwithstanding any vacancy in the membership
    thereof, and any proceedings in Parliament shall be valid
    notwithstanding that it is discovered subsequently that
    some person who was not entitled so to do sat or voted
    or otherwise took part in the proceedings.
    (3) Until Parliament by law otherwise provides, the
    quorum to constitute a meeting of either House of
    Parliament shall be one-tenth of the total number of
    members of the House.
    (4) If at any time during a meeting of a House there
    is no quorum, it shall be the duty of the Chairman or
    Speaker, or person acting as such, either to adjourn the
    House or to suspend the meeting until there is a quorum.
    Disqualifications of Members
  96. (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.
    Oath or affirmation
    by members.
    Voting in Houses,
    power of Houses
    to act
    notwithstanding
    vacancies and
    quorum.
    Vacation of seats.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 99—101.)
    46
    (2) No person shall be a member both of Parliament
    and of a House of the Legislature of a State 1***, and if
    a person is chosen a member both of Parliament and of
    a House of the Legislature of 2[a State], then, at the
    expiration of such period as may be specified in rules3
    made by the President, that person’s seat in Parliament
    shall become vacant, unless he has previously resigned
    his seat in the Legislature of the State.
    (3) If a member of either House of Parliament—
    (a) becomes subject to any of the disqualifications
    mentioned in 4[clause (1) or clause (2) of article 102],
    or
    5[(b) resigns his seat by writing under his hand
    addressed to the Chairman or the Speaker, as the
    case may be, and his resignation is accepted by the
    Chairman or the Speaker, as the case may be,]
    his seat shall thereupon become vacant:
    6[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
    1The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    2Subs. by s. 29 and Sch., ibid., “such a State”.
    3See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry
    of Law Notification No. F. 46/50-C, dated the 26th January, 1950, Gazette of India,
    Extraordinary, p. 678.
    4Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 2, for “clause (1) of
    article 102” (w.e.f. 1-3-1985).
    5Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2, for sub-clause (b).
    6Ins. by s. 2, ibid.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Art. 101.)
    47
    which the House is prorogued or is adjourned for more
    than four consecutive days.
  97. (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 acknowledgment of allegiance or adherence to a
    foreign State;
    (e) if he is so disqualified by or under any law
    made by Parliament.
    1[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[(2) A person shall be disqualified for being a
    member of either House of Parliament if he is so
    disqualified under the Tenth Schedule.]
    3[103. (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.
    Disqualifications
    for membership.
    Decision on
    questions as to
    disqualifications of
    members.
    1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for “(2) For the
    purposes of this article” (w.e.f. 1-3-1985)
    2Ins. by s. 3, ibid. (w.e.f. 1-3-1985).
    3Art. 103 has been successively subs. by the Constitution (Forty-second Amendment)
    Act, 1976, s. 20 (w.e.f. 3-1-1977) and the Constitution (Forty-fourth Amendment) Act,
    1978, s. 14 to read as above (w.e.f. 20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 101—103.)
    48
    (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.]
  98. 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
  99. (1) Subject to the provisions of this Constitution
    and to 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 any thing 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, 1[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
    Penalty for sitting
    and voting before
    making oath or
    affirmation under
    article 99 or when
    not qualified or
    when disqualified.
    Powers, privileges,
    etc., of the Houses
    of Parliament and
    of the members
    and committees
    thereof.
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 15, for certain words
    (w.e.f. 20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 103—105.)
    49
    take part in the proceedings of, a House of Parliament or
    any committee thereof as they apply in relation to members
    of Parliament.
  100. 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 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
  101. (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 articles 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 to 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.
  102. (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
    Salaries and
    allowances of
    members.
    Provisions as to
    introduction and
    passing of Bills.
    Joint sitting of both
    Houses in certain
    cases.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 105—108.)
    50
    (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 elapsed 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
    sitting, is passed by a majority of the total number of
    members of both Houses present and voting, it shall be
    deemed for the purposes of this Constitution to have
    been passed by both Houses:
    Provided that at 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;
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Art. 108.)
    51
    (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.
  103. (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
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 108-109.)
    52
    Special procedure
    in respect of
    Money Bills.
    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.
  104. (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-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.
    Definition of
    “Money Bills”.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 109-110.)
    53
    (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.
  105. 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.
    Procedure in Financial Matters
  106. (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 this Constitution as expenditure charged upon
    the Consolidated Fund of India; and
    Assent to Bills.
    Annual financial
    statement.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 110—112.)
    54
    (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 exercised jurisdiction in relation to
    any area included in 1[a Governor’s Province of the
    Dominion of India];
    (e) the salary, allowances and pension payable to
    or in respect of the Comptroller and Auditor-General
    of India;
    1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “a
    Province corresponding to a State specified in Part A of the First Schedule”.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Art. 112.)
    55
    (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.
  107. (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.
  108. (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.
    Procedure in
    Parliament with
    respect to
    estimates.
    Appropriation
    Bills.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 112—114.)
    56
    (3) Subject to the provisions of articles 115 and 116,
    no money shall be withdrawn from the Consolidated
    Fund of India except under appropriation made by law
    passed in accordance with the provisions of this article.
  109. (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 arisen
    during the current financial year for supplementary
    or additional expenditure upon some new service
    not contemplated in the annual financial statement
    for that year, or
    (b) if any money has been spent on any service
    during a financial year in excess of the amount
    granted for that service and for that year,
    cause to be laid before both the Houses of Parliament
    another statement showing the estimated amount of that
    expenditure or cause to be presented to the House of the
    People a demand for such excess, as the case may be.
    (2) The provisions of articles 112, 113 and 114 shall
    have effect in relation to any such statement and
    expenditure or demand and also to any law to be made
    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.
  110. (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
    Supplementary,
    additional or
    excess grants.
    Votes on account,
    votes of credit
    and exceptional
    grants.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 114—116.)
    57
    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 the resources of India 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 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.
  111. (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,
    Special provisions
    as to financial Bills.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 116-117.)
    58
    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
  112. (1) Each House of Parliament 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 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.
  113. 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
    Rules of
    procedure.
    Regulation by law
    of procedure in
    Parliament in
    relation to financial
    business.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 117—119.)
    59
    effect in relation to Parliament under clause (2) of that
    article, such provision shall prevail.
  114. (1) Notwithstanding anything in Part XVII, but
    subject to the provisions of 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.
  115. No discussion 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
    except upon a motion for presenting an address to the
    President praying for the removal of the Judge as
    hereinafter provided.
  116. (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
  117. (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
    Ordinances as the circumstances appear to him to require.
    Language to be
    used in
    Parliament.
    Restriction on
    discussion in
    Parliament.
    Courts not to
    inquire into
    proceedings of
    Parliament.
    Power of President
    to promulgate
    Ordinances during
    recess of
    Parliament.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 119—123.)
    60
    (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 Houses of Parliament
    and shall cease to operate at the expiration of six
    weeks from the reassembly 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.
    1* * * *
    CHAPTER IV.—THE UNION JUDICIARY
  118. (1) There shall be a Supreme Court of India
    consisting of a Chief Justice of India and, until Parliament
    by law prescribes a larger number, of not more than
    seven2 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
    Establishment and
    constitution of
    Supreme Court.
    1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2
    (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,
    s. 16 (w.e.f. 20-6-1979).
    2Now “twenty-five”, vide the Supreme Court (Number of Judges) Amendment Act,
    1986 (22 of 1986), s. 2.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 123-124.)
    61
    shall always be consulted:
    Provided further 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 in the
    manner provided in clause (4).
    1[(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 twothirds
    of the members of that House present and
    1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Art. 124.)
    62
    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.
  119. 1[(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.
  120. When the office of Chief Justice of India is vacant
    or when the Chief Justice is, by reason of absence or
    otherwise, unable to perform the duties of his office,
    1Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for cl. (1) (w.e.f.
    1-4-1986).
    Salaries, etc., of
    Judges.
    Appointment of
    acting Chief Justice.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 124—126.)
    63
    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.
  121. (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.
  122. 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 1[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.
    1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3.
    Appointment of
    ad hoc Judges.
    Attendance of
    retired Judges at
    sittings of the
    Supreme Court.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 126—128.)
    64
  123. 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.
  124. 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.
  125. 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:
    1[Provided that the said jurisdiction shall not extend
    to a dispute arising out of any treaty, agreement, covenant,
    engagement, sanad 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.]
    2131A. [Exclusive jurisdiction of the Supreme Court in
    regard to questions as to constitutional validity of Central
    laws.] Rep. by the Constitution (Forty-third Amendment) Act,
    1977, s. 4 (w.e.f. 13-4-1978).
  126. (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
    Supreme Court to
    be a court of
    record.
    Seat of Supreme
    Court.
    Original
    jurisdiction of the
    Supreme Court.
    Appellate
    jurisdiction of
    Supreme Court in
    appeals from High
    Courts in certain
    cases.
    1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso.
    2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. 1-2-1977).
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 129—132.)
    65
    other proceeding, 1[if the High Court certifies under article
    134A] that the case involves a substantial question of
    law as to the interpretation of this Constitution.
    2* * * *
    (3) Where such a certificate is given, 3* any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided 3*.
    Explanation.—For the purposes of this article, the
    expression “final order” includes an order deciding an
    issue which, if decided in favour of the appellant, would
    be sufficient for the final disposal of the case.
  127. 4[(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 5[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.
    Appellate
    jurisdiction of
    Supreme Court in
    appeals from High
    Courts in regard to
    civil matters.
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for “if the High
    Court certifies” (w.e.f. 1-8-1979).
    2Cl. (2) omitted by s. 17, ibid. (w.e.f. 1-8-1979).
    3Certain words omitted by s. 17, ibid. (w.e.f. 1-8-1979).
    4Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1) (w.e.f.
    27-2-1973).
    5Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 18, for “if the High
    Court certifies—” (w.e.f. 1-8-1979).
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 132-133.)
    66
  128. (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—
    (a) has on appeal reversed an order of acquittal of
    an accused person and sentenced him to death; or
    (b) 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) 1[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.
    2[134A. 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
    Appellate
    jurisdiction of
    Supreme Court in
    regard to criminal
    matters.
    Certificate for
    appeal to the
    Supreme Court.
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 19, for “certifies”
    (w.e.f. 1-8-1979).
    2Ins. by s. 20, ibid. (w.e.f. 1-8-1979).
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 134-134A.)
    67
    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.]
  129. 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.
  130. (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.
  131. 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.
  132. (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.
  133. 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.
    Jurisdiction and
    powers of the
    Federal Court
    under existing law
    to be exercisable by
    the Supreme Court.
    Special leave to
    appeal by the
    Supreme Court.
    Review of
    judgments or
    orders by the
    Supreme Court.
    Enlargement of
    the jurisdiction of
    the Supreme
    Court.
    Conferment on
    the Supreme
    Court of powers
    to issue certain
    writs.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 134A—139.)
    68
    1[139A. 2[(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 on 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.]
  134. 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.
  135. The law declared by the Supreme Court shall be
    binding on all courts within the territory of India.
  136. (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
    Transfer of certain
    cases.
    Ancillary powers of
    Supreme Court.
    1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).
    2Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 21, for cl. (1) (w.e.f.
    1-8-1979).
    Law declared by
    Supreme Court to be
    binding on all courts.
    Enforcement of
    decrees and orders
    of Supreme Court
    and orders as to
    discovery, etc.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 139A—142.)
    69
    order 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 order1 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.
  137. (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
    2*** the proviso to article 131, refer a dispute of the kind
    mentioned in the 3[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.
  138. All authorities, civil and judicial, in the territory
    of India shall act in aid of the Supreme Court.
    4144A. [Special provisions as to disposal of questions
    relating to constitutional validity of laws.] Rep. by the
    Constitution (Forty-third Amendment) Act, 1977, s. 5
    (w.e.f. 13-4-1978).
    Power of President
    to consult Supreme
    Court.
    Civil and judicial
    authorities to act in
    aid of the Supreme
    Court.
    1See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C. O. 47).
    2The words , brackets and figures “clause (i) of” omitted by the Constitution (Seventh
    Amendment) Act, 1956, s. 29 and Sch.
    3Subs. by s. 29 and Sch., ibid., for “said clause”.
    4Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 1-2-1977).
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 142—144A.)
    70
  139. (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;
    1[(cc) rules as to the proceedings in the Court
    under 2[article 139A];]
    (d) rules as to the entertainment of appeals under
    sub-clause (c) of clause (1) of article 134;
    (e) rules as to the conditions subject to which any
    judgment pronounced or order made by the Court
    may be reviewed and 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 proceedings 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.
    Rules of Court, etc.
    1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 26 (w.e.f. 1-2-1977).
    2Subs. by the Constitution (Forty-third Amendment) Act, 1977, s. 6, for “articles 131A
    and 139A” (w.e.f. 13-4-1978).
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Art. 145.)
    71
    (2) Subject to the 1[provisions of 2* 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) 3[2* 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.
  140. (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:
    1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for “provisions
    of clause (3)” (w.e.f. 1-2-1977).
    2Certain words omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 6
    (w.e.f. 13-4-1978).
    3Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for “The minimum
    number” (w.e.f. 1-2-1977).
    Officers and
    servants and the
    expenses of the
    Supreme Court.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 145-146.)
    72
    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 officers 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.
  141. 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
  142. (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.
    Interpretation.
    Comptroller and
    Auditor-General
    of India.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 146—148.)
    73
    (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 the
    persons serving in that office, shall be charged upon the
    Consolidated Fund of India.
  143. 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
    Duties and
    powers of the
    Comptroller and
    Auditor-General.
    THE CONSTITUTION OF INDIA
    (Part V.—The Union.—Arts. 148-149.)
    74
    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.
    1[150. The accounts of the Union and of the States
    shall be kept in such form as the President may, 2[on the
    advice of] the Comptroller and Auditor-General of India,
    prescribe.]
  144. (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 3* of the State, who shall cause them to be laid before the Legislature of the State. 1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 27, for art. 150 (w.e.f. 1-4-1977). 2Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 22, for “after consultation with” (w.e.f. 20-6-1979). 3The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. Form of accounts of the Union and of the States. Audit reports. THE CONSTITUTION OF INDIA (Part V.—The Union.—Arts. 149—151.) 75 PART VI THE STATES 1*
    CHAPTER I.—GENERAL
  145. In this Part, unless the context otherwise requires,
    the expression “State” 2[does not include the State of
    Jammu and Kashmir].
    CHAPTER II.—THE EXECUTIVE
    The Governor
  146. There shall be a Governor for each State:
    3[Provided that nothing in this article shall prevent
    the appointment of the same person as Governor for two
    or more States.]
  147. (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.
  148. The Governor of a State shall be appointed by
    the President by warrant under his hand and seal.
  149. (1) The Governor shall hold office during the
    pleasure of the President.
    Definition.
    76
    Governors of
    States.
    Executive power
    of State.
    Appointment of
    Governor.
    Term of office of
    Governor.
    1The words “IN PART A OF THE FIRST SCHEDULE” omitted by the Constitution
    (Seventh Amendment) Act, 1956, s. 29 and Sch.
    2Subs. by s. 29 and Sch., ibid., for “means a State specified in Part A of the First
    Schedule”.
    3Added by s. 6, ibid.
    (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 office for a term of five years from
    the date on which he enters upon his office:
    Provided that a Governor shall, notwithstanding the
    expiration of his term, continue to hold office until his
    successor enters upon his office.
  150. 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.
  151. (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 the Second Schedule.
    1[(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.
  152. 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 seniormost
    Qualifications for
    appointment as
    Governor.
    Conditions of
    Governor’s office.
    Oath or affirmation
    by the Governor.
    1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 7.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 156—159.)
    77
    Judge of that Court available, an oath or affirmation in
    the following form, that is to say—
    “I, A. B., do swear in the name of God that I 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).”
  153. 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.
  154. 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.
  155. 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 this Constitution or by any law made by
    Parliament upon the Union or authorities thereof.
    Council of Ministers
  156. (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.
    solemnly affirm
    Discharge of the
    functions of the
    Governor in certain
    contingencies.
    Power of Governor
    to grant pardons,
    etc., and to
    suspend, remit or
    commute sentences
    in certain cases.
    Extent of executive
    power of State.
    Council of
    Ministers to aid
    and advise
    Governor.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 159—163.)
    78
    (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.
  157. (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 States of 1[Chhattisgarh,
    Jharkhand], 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[(1A) The total number of Ministers, including the
    Chief Minister, in the Council of Ministers in a State shall
    not exceed fifteen per cent. of the total number of
    members of the Legislative Assembly of that State:
    Provided that the number of Ministers, including the
    Chief Minister in a State shall not be less than twelve:
    Provided further that where the total number of
    Ministers including the Chief Minister in the Council of
    Ministers in any State at the commencement of the
    Constitution (Ninety-first Amendment) Act, 2003 exceeds
    the said fifteen per cent. or the number specified in the
    first proviso, as the case may be, then the total number of
    Ministers in that State shall be brought in conformity
    with the provisions of this clause within six months from
    such date* as the President may by public notification
    appoint.
    (1B) A member of the Legislative Assembly of a State
    or either House of the Legislature of a State having
    Legislative Council belonging to any political party who
    is disqualified for being a member of that House under
    paragraph 2 of the Tenth Schedule shall also be
    disqualified to be appointed as a Minister under clause
    (1) for duration of the period commencing from the date
    of his disqualification till the date on which the term of
    his office as such member would expire or where he
    contests any election to the Legislative Assembly of a
    State or either House of the Legislature of a State having
    Legislative Council, as the case may be, before the expiry
    of such period, till the date on which he is declared
    elected, whichever is earlier.]
    Other provisions
    as to Ministers.
    1Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for “Bihar”.
    2Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3.
    *7-1-2004, vide S.O. 21(E), dated 7-1-2004.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 163-164.)
    79
    (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 to 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
  158. (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
  159. (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 or instrument
    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.
    Advocate-General
    for the State.
    Conduct of
    business of the
    Government of a
    State.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 164—166.)
    80
    (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.
    1* * * * *
  160. 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
  161. (1) For every State there shall be a Legislature
    which shall consist of the Governor, and—
    (a) in the States of 2[Andhra Pradesh,] Bihar, 3* 4[Madhya Pradesh], 5* 6[Maharashtra], 7[Karnataka], 8***
    9[and Uttar Pradesh], two Houses;
    (b) in other States, one House.
    Duties of Chief
    Minister as
    respects the
    furnishing of
    information to
    Governor, etc.
    Constitution of
    Legislatures in
    States.
    1Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 28 (w.e.f.
    3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23
    (w.e.f. 20-6-1979).
    2Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006), s. 3 (w.e.f.
    30-3-2007).
    3The word “Bombay” omitted by the Bombay Reorganisation Act, 1960 (11 of 1960),
    s. 20 (w.e.f. 1-5-1960).
    4No date has been appointed under s. 8(2) of the Constitution (Seventh Amendment)
    Act, 1956, for the insertion of the words “Madhya Pradesh” in this sub-clause.
    5The words “Tamil Nadu,” omitted by Tamil Nadu Legislative Council (Abolition) Act,
    1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986).
    6Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960).
    7Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for
    “Mysore” (w.e.f 1-11-1973), which was inserted by the Constitution (Seventh Amendment)
    Act, 1956, s. 8(1).
    8The word “Punjab,” omitted by the Punjab Legislative Council (Abolition) Act, 1969
    (46 of 1969), s. 4 (w.e.f. 7-1-1970).
    9Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of 1969), s. 4, for
    “Uttar Pradesh and West Bengal“ (w.e.f. 1-8-1969).
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 166—168.)
    81
    (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.
  162. (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.
    1[170. (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.
    2[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:
    Abolition or
    creation of
    Legislative
    Councils in
    States.
    1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9, for art. 170.
    2Subs. by the Constitution (Forty-second Amendment) Act, 1976 , s. 29, for the Explanation
    (w.e.f. 3-1-1977).
    Composition of
    the Legislative
    Assemblies.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 168—170.)
    82
    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 1[2026] have been
    published, be construed as a reference to the 2[2001]
    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:]
    3[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 1[2026] have been
    published, it shall not be necessary to 4[readjust—
    (i) the total number of seats in the Legislative
    Assembly of each State as readjusted on the basis of
    the 1971 census; and
    (ii) the division of such State into territorial
    constituencies as may be readjusted on the basis of
    the 2[2001] census,
    under this clause.]
  163. (1) The total number of members in the
    Legislative Council of a State having such a Council
    shall not exceed 5[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.
    1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for “2000” and
    “1971” respectively.
    2Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for “1991”.
    3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 29 (w.e.f.
    3-1-1977).
    4Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for certain words.
    5Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for “one-fourth”.
    Composition of
    the Legislative
    Councils.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 170-171.)
    83
    (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 elections 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
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Art. 171.)
    84
    having special knowledge or practical experience in
    respect of such matters as the following, namely:—
    Literature, science, art, co-operative movement and
    social service.
  164. (1) Every Legislative Assembly of every State,
    unless sooner dissolved, shall continue for 1[five years]
    from the date appointed for its first meeting and no longer
    and the expiration of the said period of 1[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.
    (2) The Legislative Council of a State 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.
  165. A person shall not be qualified to be chosen to
    fill a seat in the Legislature of a State unless he—
    2[(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.
    Duration of State
    Legislatures.
    Qualification for
    membership of the
    State Legislature.
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 24, for “six years”
    (w.e.f. 6-9-1979). The words “six years” were subs. for the original words “five years” by the
    Constitution (Forty-second Amendment) Act, 1976, s. 30 (w.e.f. 3-1-1977).
    2Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4, for cl. (a).
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 171—173.)
    85
    1[174. (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.]
  166. (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 send 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 despatch consider any matter
    required by the message to be taken into consideration.
  167. (1) At the commencement of 2[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 Houses 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 3***.
  168. 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
    Sessions of the
    State Legislature,
    prorogation and
    dissolution.
    Right of Governor
    to address and
    send messages to
    the House or
    Houses.
    Special address
    by the Governor.
    1Subs. by the Constitution (First Amendment) Act, 1951, s. 8, for art. 174.
    2Subs. by s. 9, ibid. for “every session”.
    3The words “and for the precedence of such discussion over other business of the House”
    omitted by s. 9, ibid.
    Rights of Ministers
    and Advocate-
    General as respects
    the Houses.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 174—177.)
    86
    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
  169. Every Legislative Assembly of a State shall, as
    soon as may be, choose two members of the Assembly
    to be respectively Speaker and Deputy Speaker 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.
  170. 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
    (c) may be removed from his office by a resolution
    of the Assembly passed by a majority of all the then
    members of the Assembly:
    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.
  171. (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.
    The Speaker and
    Deputy Speaker
    of the Legislative
    Assembly.
    Vacation and
    resignation of,
    and removal
    from, the offices
    of Speaker and
    Deputy Speaker.
    Power of the
    Deputy Speaker
    or other person to
    perform the
    duties of the
    office of, or to
    act as, Speaker.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 177—180.)
    87
    (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.
  172. (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 equality of votes.
  173. 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.
  174. 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
    The Speaker or
    the Deputy
    Speaker not to
    preside while a
    resolution for his
    removal from
    office is under
    consideration.
    The Chairman and
    Deputy Chairman
    of the Legislative
    Council.
    Vacation and
    resignation of, and
    removal from, the
    offices of Chairman
    and Deputy
    Chairman.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 180—183.)
    88
    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.
  175. (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.
  176. (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.
    Power of the
    Deputy Chairman
    or other person to
    perform the duties
    of the office of, or
    to act as,
    Chairman.
    The Chairman or
    the Deputy
    Chairman not to
    preside while a
    resolution for his
    removal from office
    is under
    consideration.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 183—185.)
    89
  177. 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.
  178. (1) The House or each House of the Legislature
    of a State shall have a separate secretarial staff:
    Provided that nothing in this clause shall, in the case
    of the Legislature of a State having a Legislative Council,
    be construed as preventing the creation of posts common
    to both Houses of such Legislature.
    (2) The Legislature of a State may by law regulate the
    recruitment, and the conditions of service of persons
    appointed, to the secretarial staff of the House or Houses
    of the Legislature of the State.
    (3) Until provision is made by the Legislature of the
    State under clause (2), the Governor may, after
    consultation with the Speaker of the Legislative Assembly
    or the Chairman of the Legislative Council, as the case
    may be, make rules regulating the recruitment, and the
    conditions of service of persons appointed, to the
    secretarial staff of the Assembly or the Council, and any
    rules so made shall have effect subject to the provisions
    of any law made under the said clause.
    Conduct of Business
  179. 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.
  180. (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.
    Salaries and
    allowances of the
    Speaker and
    Deputy Speaker
    and the Chairman
    and Deputy
    Chairman.
    Secretariat of
    State Legislature.
    Oath or affirmation
    by members.
    Voting in Houses,
    power of Houses
    to act
    notwithstanding
    vacancies and
    quorum.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 186—189.)
    90
    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 onetenth
    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
  181. (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 rules1 made by the
    President, that person’s seat in the Legislatures of all
    such States shall become vacant, unless he has previously
    resigned his seat in the Legislatures of all but one of the
    States.
    (3) If a member of a House of the Legislature of a
    State—
    1See the Prohibition of Simultaneous Membership Rules, 1950 published with the Ministry
    of Law Notification No. F. 46/50-C, dated the 26th January, 1950, Gazette of India,
    Extraordinary, p. 678.
    Vacation of seats.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 189—190.)
    91
    (a) becomes subject to any of the disqualifications
    mentioned in 1[clause (1) or clause (2) of article 191];
    or
    2[(b) resigns his seat by writing under his hand
    addressed to the speaker or the Chairman, as the
    case may be, and his resignation is accepted by the
    Speaker or the Chairman, as the case may be,]
    his seat shall thereupon become vacant:
    3[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.
  182. (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;
    1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 4, for “clause (1) of
    article 191” (w.e.f. 1-3-1985).
    2Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3, for sub-clause (b).
    3Ins. by s. 3, ibid.
    Disqualifications
    for membership.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 190-191.)
    92
    (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 acknowledgment of allegiance or adherence to a
    foreign State;
    (e) if he is so disqualified by or under any law
    made by Parliament.
    1[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[(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.]
    3[192. (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.]
  183. 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
    1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for “(2) For the
    purposes of this article” (w.e.f. 1-3-1985).
    2Ins. by s. 5, ibid. (w.e.f. 1-3-1985).
    3Art. 192 has been successively subs. by the Constitution (Forty-second Amendment)
    Act, 1976, s. 33 (w.e.f. 3-1-1977) and the Constitution (Forty-fourth Amendment) Act, 1978,
    s. 25 to read as above (w.e.f. 20-6-1979).
    Decision on
    questions as to
    disqualifications
    of members.
    Penalty for sitting
    and voting before
    making oath or
    affirmation under
    article 188 or when
    not qualified or
    when disqualified.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 191—193.)
    93
    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
  184. (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,
    1[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.
  185. 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,
    Powers, privileges,
    etc., of the Houses
    of Legislatures and
    of the members
    and committees
    thereof.
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 26, for certain words
    (w.e.f. 20-6-1979).
    Salaries and
    allowances of
    members.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 193—195.)
    94
    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 this
    Constitution applicable in the case of members of the
    Legislative Assembly of the corresponding Province.
    Legislative Procedure
  186. (1) Subject to the provisions of articles 198 and
    207 with respect to 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 articles 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.
  187. (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;
    Provisions as to
    introduction and
    passing of Bills.
    Restriction on
    powers of
    Legislative Council
    as to Bills other
    than Money Bills.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 195—197.)
    95
    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.
  188. (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
    Special procedure
    in respect of
    Money Bills.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 197—198.)
    96
    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.
  189. (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;
    Definition of
    “Money Bills”.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 198-199.)
    97
    (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.
  190. 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,
    Assent to Bills.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 199-200.)
    98
    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.
  191. 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
    is 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
  192. (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
    Bills reserved for
    consideration.
    Annual financial
    statement.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 200—202.)
    99
    (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 a 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 any 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.
  193. (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.
    Procedure in
    Legislature with
    respect to
    estimates.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 202-203.)
    100
    (3) No demand for a grant shall be made except on
    the recommendation of the Governor.
  194. (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.
  195. (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
    Appropriation Bills.
    Supplementary,
    additional or
    excess grants.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 203—205.)
    101
    (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.
  196. (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
    Votes on account,
    votes of credit and
    exceptional grants.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 205-206.)
    102
    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.
  197. (1) A Bill or amendment making provision for
    any of the matters specified in sub-clauses (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
  198. (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.
    Special provisions
    as to financial Bills.
    Rules of procedure.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 206—208.)
    103
    (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.
  199. 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.
  200. (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 mothertongue.
    (2) Unless the Legislature of the State by law
    otherwise provides, this article shall, after the expiration
    Regulation by law
    of procedure in the
    Legislature of the
    State in relation to
    financial business.
    Language to be
    used in the
    Legislature.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 208—210.)
    104
    of a period of fifteen years from the commencement of
    this Constitution, have effect as if the words “or in
    English” were omitted therefrom:
    1[Provided that in relation to the 2[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:]
    3[Provided further that in relation to the
    4[Legislatures of the States of 5[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.]
  201. 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.
  202. (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
  203. (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
    Restriction on
    discussion in the
    Legislature.
    Courts not to
    inquire into
    proceedings of the
    Legislature.
    1Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971).
    2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
    “Legislature of the State of Himachal Pradesh” (w.e.f. 21-1-1972).
    3Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).
    4Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for “Legislature
    of the State of Mizoram” (w.e.f. 20-2-1987).
    5Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for
    “Arunachal Pradesh and Mizoram” (w.e.f. 30-5-1987).
    Power of
    Governor to
    promulgate
    Ordinances during
    recess of
    Legislature.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 210—213.)
    105
    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 Ordinances 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 the 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 Houses, 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
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Art. 213.)
    106
    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 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.
    1* * * * *
    CHAPTER V.—THE HIGH COURTS IN THE STATES
  204. 2*** There shall be a High Court for each State.
    3* * * * *
  205. 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.
  206. 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.
    4* * * * *
    High Courts for
    States.
    High Courts to be
    courts of record.
    Constitution of
    High Courts.
    1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3
    (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,
    s. 27 (w.e.f. 20-6-1979).
    2The brackets and figure “(1)” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    3Cls. (2) and (3) omitted by s. 29 and Sch., ibid.
    4Proviso omitted by s. 11, ibid.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 213—216.)
    107
  207. (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 1[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 2[sixtytwo
    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 3* or of two or more such Courts in succession; 4*
    4* * * * *
    Appointment and
    conditions of the
    office of a Judge
    of a High Court.
    1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for “shall hold office
    until he attains the age of sixty years”.
    2Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4, for “sixty years”.
    3The words “in any State specified in the First Schedule” omitted by the Constitution
    (Seventh Amendment) Act, 1956, s. 29 and Sch.
    4The word “or” and sub-clause (c) were ins. by the Constitution (Forty-second
    Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the Constitution (Fortyfourth
    Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Art. 217.)
    108
    Explanation.—For the purposes of this clause—
    1[(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;]
    2[(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
    3[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 a 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.
    4[(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.]
  208. 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.
    Application of
    certain provisions
    relating to Supreme
    Court to High
    Courts.
    1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).
    2Cl. (a) re-lettered as cl. (aa) by s. 28, ibid. (w.e.f. 20-6-1979).
    3Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for “has held
    judicial office” (w.e.f. 3-1-1977).
    4Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4 (with retrospective
    effect).
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 217-218.)
    109
  209. Every person appointed to be a Judge of a High
    Court 1*** 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.
    2[220. 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 commencement3 of the Constitution (Seventh
    Amendment) Act, 1956.]
  210. 4[(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 or pension shall
    be varied to his disadvantage after his appointment.
  211. (1) The President may, after consultation with
    the Chief Justice of India, transfer a Judge from one High
    Court to any other High Court 5***.
    Oath or
    affirmation by
    Judges of High
    Courts.
    Restriction on
    practice after being
    a permanent Judge.
    Transfer of a
    Judge from one
    High Court to
    another.
    1The words “in a State“ omitted by the Constitution (Seventh Amendment) Act, 1956,
    s. 29 and Sch.
    2Subs. by s. 13, ibid., for art. 220.
    31st November, 1956.
    4Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for cl. (1) (w.e.f.
    1-4-1986).
    5The words “within the territory of India“ omitted by the Constitution (Seventh
    Amendment) Act, 1956, s. 14.
    Salaries, etc., of
    Judges.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 219—222.)
    110
    1[(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.]
  212. When the office of Chief Justice of a 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 purpose.
    2[224. (1) If by reason of any temporary increase in the
    business of a High Court or by reason of arrears of work
    therein, it appears to the President that the number of the
    Judges of that Court should be for the time being
    increased, the President may appoint duly qualified
    persons to be additional Judges of the Court for such
    period not exceeding two years as he may specify.
    (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 3[sixty-two years].]
    4[224A. 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,
    Appointment of
    acting Chief Justice.
    1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5. Original cl. (2) was
    omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14.
    2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15, for art. 224.
    3Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 6, for “sixty years”.
    4Ins. by s. 7, ibid.
    Appointment of
    additional and
    acting Judges.
    Appointment of
    retired Judges at
    sittings of High
    Courts.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 222—224A.)
    111
    request any person who has held the office of a 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.]
  213. 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:
    1[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.]
    2[226. (1) Notwithstanding anything in article 32 3***
    every High Court shall have power, throughout the
    territories in relation to which it exercises jurisdiction, to
    issue to any person or authority, including in appropriate
    cases, any Government, within those territories directions,
    Jurisdiction of
    existing High
    Courts.
    Power of High
    Courts to issue
    certain writs.
    1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 29, (w.e.f.
    20-6-1979). Original proviso was omitted by the Constitution (Forty-second Amendment)
    Act, 1976, s. 37 (w.e.f. 1-2-1977).
    2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38, for art. 226
    (w.e.f. 1-2-1977).
    3The words, figures and letters “but subject to the provisions of article 131A and article
    226A” omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 7 (w.e.f.
    13-4-1978).
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 224A—226.)
    112
    orders or writs, including 1[writs in the nature of habeas
    corpus, mandamus, prohibition, quo warranto and certiorari,
    or any of them, for the enforcement of any of the rights
    conferred by Part III and for any other purpose.]
    (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.
    2[(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 said next day, stand vacated.]
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for the portion
    beginning with the words “writs in the nauture of habeas corpus, mandamus, prohibition, quo
    warranto and certiorari, or any of them” and ending with the words “such illegality has
    resulted in substantial failure of justice” (w.e.f. 1-8-1979).
    2Subs. by s. 30, ibid., for cls. (3), (4), (5) and (6) (w.e.f. 1-8-1979).
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 226.)
    113
    1[(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.]
    2226A. [Constitutional validity of Central laws not to be
    considered in proceedings under article 226.] Rep. by the
    Constitution (Forty-third Amendment) Act, 1977, s. 8 (w.e.f.
    13-4-1978).
  214. 3[(1) Every High Court shall have
    superintendence over all courts and tribunals throughout
    the territories in relation to which it exercises jurisdiction.]
    (2) Without prejudice to the generality of the
    foregoing provision, 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.
    Power of
    superintendence
    over all courts by
    the High Court.
    1Cl. (7) renumbered as cl. (4) by the Constitution (Forty-fourth Amendment) Act, 1978,
    s. 30 (w.e.f. 1-8-1979).
    2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f. 1-2-1977).
    3Cl. (1) has been successively subs. by the Constitution (Forty-second Amendment) Act,
    1976, s. 40 (w.e.f. 1-2-1977) and the Constitution (Forty-fourth Amendment) Act, 1978,
    s. 31, to read as above (w.e.f. 20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 226-227.)
    114
    1* * * * *
  215. If the High Court is satisfied that a case pending
    in a court subordinate to it involves a substantial question
    of law as to the interpretation of this Constitution the
    determination of which is necessary for the disposal of
    the case, 2[it shall withdraw the case and 3*** 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 conformity
    with such judgment.
    4228A. [Special provisions as to disposal of questions
    relating to constitutional validity of State laws.] Rep. by the
    Constitution (Forty-third Amendment) Act, 1977, s. 10 (w.e.f.
    13-4-1978).
  216. (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 5* 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 Transfer of certain cases to High Court. Officers and servants and the expenses of High Courts. 1Cl. (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 40 (w.e.f. 1-2-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 31 (w.e.f. 20-6-1979). 2Subs. by the Constitution (Forty-second Amendment) Act. 1976, s. 41, for “it shall withdraw the case and may —” (w.e.f. 1-2-1977). 3The words, figures and letters “subject to the provisions of article 131A,“ omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 9 (w.e.f. 13-4-1978). 4Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977). 5The words “in which the High Court has its principal seat” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. THE CONSTITUTION OF INDIA (Part VI.—The States.—Arts. 227—229.) 115 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 1*.
    (3) The administrative expenses of a High Court,
    including all salaries, allowances and pensions payable
    to or in respect of the officers and servants of the Court,
    shall be charged upon the Consolidated Fund of the State,
    and any fees or other moneys taken by the Court shall
    form part of that Fund.
    2[230. (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.
  217. (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;
    Extension of
    jurisdiction of
    High Courts to
    Union territories.
    Establishment of
    a common High
    Court for two or
    more States.
    1The words “in which the High Court has its principal seat” omitted by the Constitution
    (Seventh Amendment) Act, 1956, s. 29 and Sch.
    2Subs. by s. 16, ibid., for arts. 230, 231 and 232.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 229—231.)
    116
    (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 references 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 219 and 229 to the
    Governor, Public Service Commission, Legislature and
    Consolidated Fund of the State shall be construed
    respectively as references to the President, Union Public
    Service Commission, Parliament and Consolidated Fund
    of India.]
    CHAPTER VI.—SUBORDINATE COURTS
  218. (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.
    1[233A. 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,
    Validation of
    appointments of,
    and judgments,
    etc., delivered by,
    certain district
    judges.
    1Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2.
    Appointment of
    district judges.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 231—233A.)
    117
    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.]
  219. Appointments 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.
  220. 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 have 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.
  221. 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
    Recruitment of
    persons other than
    district judges to
    the judicial service.
    Control over
    subordinate courts.
    Interpretation.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 233A—236.)
    118
    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.
  222. 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.
    Application of the
    provisions of this
    Chapter to certain
    class or classes of
    magistrates.
    THE CONSTITUTION OF INDIA
    (Part VI.—The States.—Arts. 236-237.)
    119
    Part VII.—[The States in Part B of the First
    Schedule.] Rep. by the Constitution (Seventh Amendment)
    Act, 1956, s. 29 and Sch.
    120
    PART VIII
    1[THE UNION TERRITORIES]
    2[239. (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.
    3[239A. (1) Parliament may by law create 4[for the
    Union territory of 5[Puducherry]]—
    (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.]
    6[239AA. (1) As from the date of commencement of
    the Constitution (Sixty-ninth Amendment) Act, 1991, the
    Union territory of Delhi shall be called the National
    Administration of
    Union territories.
    Creation of local
    Legislatures or
    Council of
    Ministers or both
    for certain Union
    territories.
    Special provisions
    with respect to
    Delhi.
    1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading
    “THE STATES IN PART C OF THE FIRST SCHEDULE“.
    2Subs. by s. 17, ibid., for arts. 239 and 240.
    3Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4.
    4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “for
    any of the Union territories of Goa, Daman and Diu and Pondicherry”(w.e.f. 30-5-1987).
    5Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
    “Pondicherry“ (w.e.f. 1-10-2006).
    6Ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992).
    121
    Capital Territory of Delhi (hereafter in this Part referred
    to as the National Capital Territory) and the administrator
    thereof appointed under article 239 shall be designated
    as the Lieutenant Governor.
    (2) (a) There shall be a Legislative Assembly for the
    National Capital Territory and the seats in such Assembly
    shall be filled by members chosen by direct election from
    territorial constituencies in the National Capital Territory.
    (b) The total number of seats in the Legislative
    Assembly, the number of seats reserved for Scheduled
    Castes, the division of the National Capital Territory into
    territorial constituencies (including the basis for such
    division) and all other matters relating to the functioning
    of the Legislative Assembly shall be regulated by law
    made by Parliament.
    (c) The provisions of articles 324 to 327 and 329 shall
    apply in relation to the National Capital Territory, the
    Legislative Assembly of the National Capital Territory
    and the members thereof as they apply, in relation to a
    State, the Legislative Assembly of a State and the members
    thereof respectively; and any reference in articles 326 and
    329 to “appropriate Legislature” shall be deemed to be a
    reference to Parliament.
    (3) (a) Subject to the provisions of this Constitution,
    the Legislative Assembly shall have power to make laws
    for the whole or any part of the National Capital Territory
    with respect to any of the matters enumerated in the
    State List or in the Concurrent List in so far as any such
    matter is applicable to Union territories except matters
    with respect to Entries 1, 2 and 18 of the State List and
    Entries 64, 65 and 66 of that List in so far as they relate
    to the said Entries 1, 2 and 18.
    (b) Nothing in sub-clause (a) shall derogate from the
    powers of Parliament under this Constitution to make
    laws with respect to any matter for a Union territory or
    any part thereof.
    (c) If any provision of a law made by the Legislative
    Assembly with respect to any matter is repugnant to any
    THE CONSTITUTION OF INDIA
    (Part VI.—The Union territories.—Art. 239AA.)
    122
    provision of a law made by Parliament with respect to
    that matter, whether passed before or after the law made
    by the Legislative Assembly, or of an earlier law, other
    than a law made by the Legislative Assembly, then, in
    either case, the law made by Parliament, or, as the case
    may be, such earlier law, shall prevail and the law made
    by the Legislative Assembly shall, to the extent of the
    repugnancy, be void:
    Provided that if any such law made by the Legislative
    Assembly has been reserved for the consideration of the
    President and has received his assent, such law shall
    prevail in the National Capital Territory:
    Provided further that nothing in this sub-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 Legislative Assembly.
    (4) There shall be a Council of Ministers consisting
    of not more than ten per cent. of the total number of
    members in the Legislative Assembly, with the Chief
    Minister at the head to aid and advise the Lieutenant
    Governor in the exercise of his functions in relation to
    matters with respect to which the Legislative Assembly
    has power to make laws, except in so far as he is, by or
    under any law, required to act in his discretion:
    Provided that in the case of difference of opinion
    between the Lieutenant Governor and his Ministers on
    any matter, the Lieutenant Governor shall refer it to the
    President for decision and act according to the decision
    given thereon by the President and pending such decision
    it shall be competent for the Lieutenant Governor in any
    case where the matter, in his opinion, is so urgent that
    it is necessary for him to take immediate action, to take
    such action or to give such direction in the matter as he
    deems necessary.
    (5) The Chief Minister shall be appointed by the
    President and other Ministers shall be appointed by
    the President on the advice of the Chief Minister and the
    THE CONSTITUTION OF INDIA
    (Part VI.—The Union territories.—Art. 239AA.)
    123
    Ministers shall hold office during the pleasure of the
    President.
    (6) The Council of Ministers shall be collectively
    responsible to the Legislative Assembly.
    1[(7) (a)] Parliament may, by law, make provisions for
    giving effect to, or supplementing the provisions contained
    in the foregoing clauses and for all matters incidental or
    consequential thereto.
    2[(b) Any such law as is referred to in sub-clause (a)
    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.]
    (8) The provisions of article 239B shall, so far as may
    be, apply in relation to the National Capital Territory, the
    Lieutenant Governor and the Legislative Assembly, as
    they apply in relation to the Union territory of
    3[Puducherry], the administrator and its Legislature,
    respectively; and any reference in that article to
    “clause (1) of article 239A” shall be deemed to be a
    reference to this article or article 239AB, as the case may
    be.
    239AB. If the President, on receipt of a report from
    the Lieutenant Governor or otherwise, is satisfied—
    (a) that a situation has arisen in which the
    administration of the National Capital Territory
    cannot be carried on in accordance with the
    provisions of article 239AA or of any law made in
    pursuance of that article; or
    (b) that for the proper administration of the
    National Capital Territory it is necessary or expedient
    so to do,
    the President may by order suspend the operation of any
    provision of article 239AA or of all or any of the
    1Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for “(7)” (w.e.f.
    21-12-1991).
    2Ins. by s. 3, ibid. (w.e.f. 21-12-1991).
    3Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
    “Pondicherry“ (w.e.f. 1-10-2006).
    Provision in case
    of failure of
    constitutional
    machinery.
    THE CONSTITUTION OF INDIA
    (Part VI.—The Union territories.—Arts. 239AA-239AB.)
    124
    provisions of any law made in pursuance of that article
    for such period and subject to such conditions as may be
    specified in such law and make such incidental and
    consequential provisions as may appear to him to be
    necessary or expedient for administering the National
    Capital Territory in accordance with the provisions of
    article 239 and article 239AA.
    1[239B. (1) If at any time, except when the Legislature
    of 2[the Union territory of 3[Puducherry]] 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 remains suspended on
    account of any action taken under 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
    1Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f.
    30-12-1971).
    2Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “a
    Union territory referred to in clause (1) of article 239A”(w.e.f. 30-5-1987).
    3Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
    “Pondicherry“ (w.e.f. 1-10-2006).
    Power of
    administrator to
    promulgate
    Ordinances during
    recess of
    Legislature.
    THE CONSTITUTION OF INDIA
    (Part VI.—The Union territories.—Arts. 239AB-239B.)
    125
    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.]
    1* * * *
  223. (1) The President may make regulations for the
    peace, progress and good government of the Union
    territory of—
    (a) the Andaman and Nicobar Islands;
    2[(b) Lakshadweep;]
    3[(c) Dadra and Nagar Haveli;]
    4[(d) Daman and Diu;]
    5[(e) Puducherry;]
    6* 7*:
    8[Provided that when any body is created under article
    239A to function as a Legislature for the 9[Union territory
    Power of
    President to make
    regulations for
    certain Union
    territories.
    1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4
    (retrospectively) and omitted by the Consititution (Forty-fourth Amendment) Act, 1978,
    s. 32 (w.e.f. 20-6-1979).
    2Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973
    (34 of 1973), s. 4, for entry (b) (w.e.f. 1-11-1973).
    3Ins. by the Constitution (Tenth Amendment) Act, 1961, s. 3.
    4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for
    entry (d) (w.e.f. 30-5-1987). Entry (d) was ins. by the Constitution (Twelfth Amendment)
    Act, 1962, s. 3.
    5Subs. by The Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
    “Pondicherry” (w.e.f. 1-10-2006).
    6The entry (f) relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of
    1986), s. 39 (w.e.f. 20-2-1987).
    7The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh
    Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987).
    8Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5.
    9Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4, for “Union
    territory of Goa, Daman and Diu or Pondicherry” (w.e.f. 15-2-1972).
    THE CONSTITUTION OF INDIA
    (Part VI.—The Union territories.—Arts. 239B-240.)
    126
    1Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
    “Pondicherry“ (w.e.f. 1-10-2006).
    2Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f.
    15-2-1972).
    3Subs. by s. 4, ibid., for “any existing law”(w.e.f. 15-2-1972).
    4Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “State
    specified in Part C of the First Schedule”.
    5Subs. by s. 29 and Sch., ibid., for “such State”.
    6Subs. by s. 29 and Sch., ibid., for cls. (3) and (4).
    of 1[Puducherry], 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:]
    2[Provided further that whenever the body
    functioning as a Legislature for the Union territory of
    1[Puducherry] 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 3[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.]
  224. (1) Parliament may by law constitute a High
    Court for a 4[Union territory] or declare any court in any
    5[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.
    6[(3) Subject to the provisions of this Constitution
    and to the provisions of any law of the appropriate
    High Courts for
    Union territories.
    THE CONSTITUTION OF INDIA
    (Part VI.—The Union territories.—Arts. 240-241.)
    127
    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.]
  225. [Coorg.] Rep. by the Constitution (Seventh
    Amendment) Act, 1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    (Part VI.—The Union territories.—Arts. 241-242.)
    128
    1[PART IX
    THE PANCHAYATS
  226. 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. 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. (1) There shall be constituted in every State,
    Panchayats at the village, intermediate and district levels
    in accordance with the provisions of this Part.
    129
    Definitions.
    Gram Sabha.
    Constitution of
    Panchayats.
    1Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 2 (w.e.f. 24-4-1993).
    Original Part IX was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and
    Sch.
    (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. (1) Subject to the provisions of this Part, the
    Legislature of a State may, by law, make provisions with
    respect to the composition of Panchayats:
    Provided that the ratio between the population of
    the territorial area of a Panchayat at any level and the
    number of seats in such Panchayat to be filled by election
    shall, so far as practicable, be the same throughout the
    State.
    (2) All the seats in a Panchayat shall be filled by
    persons chosen by direct election from territorial
    constituencies in the Panchayat area and, for this purpose,
    each Panchayat area shall be divided into territorial
    constituencies in such manner that the ratio between the
    population of each constituency and the number of seats
    allotted to it shall, so far as practicable, be the same
    throughout the Panchayat area.
    (3) The Legislature of a State may, by law, provide for
    the representation—
    (a) of the Chairpersons of the Panchayats at the
    village level, in the Panchayats at the intermediate
    level or, in the case of a State not having Panchayats
    at the intermediate level, in the Panchayats at the
    district level;
    (b) of 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
    Composition of
    Panchayats.
    THE CONSTITUTION OF INDIA
    (Part IX.—The Panchayats.—Arts. 243B-243C.)
    130
    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) 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. (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
    Reservation of
    seats.
    THE CONSTITUTION OF INDIA
    (Part IX.—The Panchayats.—Arts. 243C-243D.)
    131
    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. (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.
    Duration of
    Panchayats, etc.
    THE CONSTITUTION OF INDIA
    (Part IX.—The Panchayats.—Arts. 243D-243E.)
    132
    (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
    for such period.
    (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. (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 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 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. Subject to the provisions of this Constitution,
    the Legislature of a State may, by law, endow the
    Disqualifications
    for membership.
    Powers, authority
    and responsibilities
    of Panchayats.
    THE CONSTITUTION OF INDIA
    (Part IX.—The Panchayats.—Arts. 243E—243G.)
    133
    Panchayats 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
    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. 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.
    243-I. (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
    Powers to impose
    taxes by, and Funds
    of, the Panchayats.
    Constitution of
    Finance
    Commission to
    review financial
    position.
    THE CONSTITUTION OF INDIA
    (Part IX.—The Panchayats.—Arts. 243G—243-I.)
    134
    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. 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. (1) 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
    Audit of accounts
    of Panchayats.
    Elections to the
    Panchayats.
    THE CONSTITUTION OF INDIA
    (Part IX.—The Panchayats.—Arts. 243-I—243K.)
    135
    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 grounds 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. 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.
    243M. (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.
    Application to
    Union territories.
    Part not to apply
    to certain areas.
    THE CONSTITUTION OF INDIA
    (Part IX.—The Panchayats.—Arts. 243K—243M.)
    136
    (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.
    1[(3A) Nothing in article 243D, relating to reservation
    of seats for the Scheduled Castes, shall apply to the State
    of Arunachal Pradesh.]
    (4) Notwithstanding anything in this Constitution,—
    (a) the Legislature of a State referred to in subclause
    (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. Notwithstanding anything in this Part, any
    provision of any law relating to Panchayats in force in a
    Continuance of
    existing laws and
    Panchayats.
    1Ins. by the Constitution (Eighty-third Amendment) Act, 2000, s. 2.
    THE CONSTITUTION OF INDIA
    (Part IX.—The Panchayats.—Arts. 243M-243N.)
    137
    State immediately before the 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 or 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.
    243-O. 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.]
    Bar to interference
    by courts in
    electoral matters.
    THE CONSTITUTION OF INDIA
    (Part IX.—The Panchayats.—Arts. 243N-243-O.)
    138
    1[PART IXA
    THE MUNICIPALITIES
    243P. 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 a 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 selfgovernment
    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. (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,
    139
    Constitution of
    Municipalities.
    1Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 2 (w.e.f 1-6-1993).
    Definitions.
    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 the 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. (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 as electors within the Municipal
    area;
    (iv) the Chairpersons of the Committees
    constituted under clause (5) of article 243S:
    Composition of
    Municipalities.
    THE CONSTITUTION OF INDIA
    (Part IXA.—The Municipalities.—Arts. 243Q-243R.)
    140
    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. (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. (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.
    Constitution and
    composition of
    Wards Committees,
    etc.
    Reservation of
    seats.
    THE CONSTITUTION OF INDIA
    (Part IXA.—The Municipalities.—Arts. 243R—243T.)
    141
    (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. (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).
    Duration of
    Municipalities,
    etc.
    THE CONSTITUTION OF INDIA
    (Part IXA.—The Municipalities.—Arts. 243T-243U.)
    142
    (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 have continued
    under clause (1) had it not been so dissolved.
    243V. (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. 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,
    Disqualifications
    for membership.
    Powers, authority
    and responsibilities
    of Municipalities,
    etc.
    THE CONSTITUTION OF INDIA
    (Part IXA.—The Municipalities.—Arts. 243U—243W.)
    143
    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. 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. (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,
    Power to impose
    taxes by, and Funds
    of, the
    Municipalities.
    Finance
    Commission.
    THE CONSTITUTION OF INDIA
    (Part IXA.—The Municipalities.—Arts. 243W—243Y.)
    144
    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. The Legislature of a State may, by law, make
    provisions with respect to the maintenance of accounts
    by the Municipalities and the auditing of such accounts.
    243ZA. (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 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 Municipalities.
    243ZB. 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
    Audit of accounts
    of Municipalities.
    Elections to the
    Municipalities.
    Application to
    Union territories.
    THE CONSTITUTION OF INDIA
    (Part IXA.—The Municipalities.—Arts. 243Y—243ZB.)
    145
    Legislative Assembly, to that Legislative Assembly:
    Provided that the President may, by public
    notification, direct that the provisions of this Part shall
    apply to any Union territory or part thereof subject to
    such exceptions and modifications as he may specify in
    the notification.
    243ZC. (1) Nothing in this Part shall apply to the
    Scheduled Areas referred to in clause (1), and the tribal
    areas referred to in clause (2), of article 244.
    (2) Nothing in this Part shall be construed to affect
    the functions and powers of the Darjeeling Gorkha Hill
    Council constituted under any law for the time being in
    force for the hill areas of the district of Darjeeling in the
    State of West Bengal.
    (3) Notwithstanding anything in this Constitution,
    Parliament may, by law, extend the provisions of this
    Part to the Scheduled Areas and the tribal areas referred
    to in clause (1) subject to such exceptions and
    modifications as may be specified in such law, and no
    such law shall be deemed to be an amendment of this
    Constitution for the purposes of article 368.
    243ZD. (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 Legislature 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
    Part not to apply
    to certain areas.
    Committee for
    district planning.
    THE CONSTITUTION OF INDIA
    (Part IXA.—The Municipalities.—Arts. 243ZB—243ZD.)
    146
    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 shall 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 integrated
    development of infrastructure and environmental
    conservation;
    (ii) the extent and type of available resources
    whether financial or otherwise;
    (b) consult such institutions and organisations as
    the Governor may, by order, specify.
    (4) The Chairperson of every District Planning
    Committee shall forward the development plan, as
    recommended by such Committee, to the Government
    of the State.
    243ZE. (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
    provision 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
    Committee for
    Metropolitan
    planning.
    THE CONSTITUTION OF INDIA
    (Part IXA.—The Municipalities.—Arts. 243ZD-243ZE.)
    147
    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.
    THE CONSTITUTION OF INDIA
    (Part IXA.—The Municipalities.—Art. 243ZE.)
    148
    243ZF. Notwithstanding anything in this Part, any
    provision of any law relating to Municipalities in force
    in a State immediately before the commencement of the
    Constitution (Seventy-fourth Amendment) Act, 1992,
    which is inconsistent with the provisions of this Part,
    shall continue to be in force until amended or repealed
    by a competent Legislature or other competent authority
    or until the expiration of one year from such
    commencement, whichever is earlier:
    Provided that all the Municipalities existing
    immediately before such commencement shall continue
    till the expiration of their duration, unless sooner
    dissolved by a resolution passed to that effect by the
    Legislative Assembly of that State or, in the case of a
    State having a Legislative Council, by each House of the
    Legislature of that State.
    243ZG. Notwithstanding anything in this
    Constitution,—
    (a) the validity of any law relating to the
    delimitation of constituencies or the allotment of seats
    to such constituencies, made or purporting to be
    made under article 243ZA shall not be called in
    question in any court;
    (b) no election to any Municipality shall be called
    in question 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.]
    Continuance of
    existing laws and
    Municipalities.
    Bar to interference
    by courts in
    electoral matters.
    THE CONSTITUTION OF INDIA
    (Part IXA.—The Municipalities.—Arts. 243ZF-243ZG.)
    149
    PART X
    THE SCHEDULED AND TRIBAL AREAS
  227. (1) The provisions of the Fifth Schedule shall
    apply to the administration and control of the Scheduled
    Areas and Scheduled Tribes in any State 1*** other than
    2[the States of Assam 3[,4[Meghalaya, Tripura and
    Mizoram]]].
    (2) The provisions of the Sixth Schedule shall apply
    to the administration of the tribal areas in 2[the States of
    Assam 3[, 5[Meghalaya, Tripura and Mizoram]]].
    6[244A. (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 7[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.
    150
    Administration of
    Scheduled Areas
    and Tribal Areas.
    1The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
    “the State of Assam” (w.e.f. 21-1-1972).
    3Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for “and Meghalaya”
    (w.e.f. 1-4-1985).
    4Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for “Meghalaya and
    Tripura” (w.e.f. 20-2-1987).
    5Subs. by s. 39, ibid., for “Meghalaya and Tripura and the Union Territory of
    Mizoram”(w.e.f. 20-2-1987).
    6Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 2.
    7Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
    “Part A” (w.e.f. 21-1-1972).
    Formation of an
    autonomous State
    comprising certain
    tribal areas in
    Assam and creation
    of local Legislature
    or Council of
    Ministers or both
    therefor.
    (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.]
    THE CONSTITUTION OF INDIA
    (Part X.—The Scheduled and Tribal Areas.—Art. 244A.)
    151
    PART XI
    RELATIONS BETWEEN THE UNION AND
    THE STATES
    CHAPTER I.—LEGISLATIVE RELATIONS
    Distribution of Legislative Powers
  228. (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.
  229. (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 1* 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”). (3) Subject to clauses (1) and (2), the Legislature of any State 1* has exclusive power to make laws for such
    State or any part thereof with respect to any of the matters
    enumerated in List II in the Seventh Schedule (in this
    Constitution referred to as the “State List”).
    (4) Parliament has power to make laws with respect
    to any matter for any part of the territory of India not
    included 2[in a State] notwithstanding that such matter is
    a matter enumerated in the State List.
    152
    1The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    2Subs. by s. 29 and Sch., ibid., for “ in Part A or Part B of the First Schedule”.
    Extent of laws
    made by
    Parliament and
    by the
    Legislatures of
    States.
    Subject-matter of
    laws made by
    Parliament and by
    the Legislatures of
    States.
  230. 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.
  231. (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.
  232. (1) Notwithstanding anything in the foregoing
    provisions of this Chapter, if the Council of States has
    declared by resolution supported by not less than twothirds
    of the members present and voting that it is
    necessary or expedient in the 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.
    Power of
    Parliament to
    provide for the
    establishment of
    certain additional
    courts.
    Residuary powers
    of legislation.
    Power of
    Parliament to
    legislate with
    respect to a
    matter in the
    State List in the
    national interest.
    THE CONSTITUTION OF INDIA
    (Part XI.—Relations between the Union and the States.—
    Arts. 247—249.)
    153
  233. (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.
  234. 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.
  235. (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 Houses 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.
    Power of
    Parliament to
    legislate with
    respect to any
    matter in the State
    List if a
    Proclamation of
    Emergency is in
    operation.
    Inconsistency
    between laws
    made by
    Parliament under
    articles 249 and
    250 and laws
    made by the
    Legislatures of
    States.
    Power of
    Parliament to
    legislate for two
    or more States by
    consent and
    adoption of such
    legislation by any
    other State.
    154 THE CONSTITUTION OF INDIA
    (Part XI.—Relations between the Union and the States.—
    Arts. 250—252.)
    (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.
  236. 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.
  237. (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
    1*** 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.
    Legislation for
    giving effect to
    international
    agreements.
    Inconsistency
    between laws
    made by
    Parliament and
    laws made by the
    Legislatures of
    States.
    1The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    (Part XI.—Relations between the Union and the States.—
    Arts. 252—254.)
    155
  238. No Act of Parliament or of the Legislature of a
    State 1***, 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
  239. 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.
  240. (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
    Requirements as to
    recommendations
    and previous
    sanctions to be
    regarded as matters
    of procedure only.
    1The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    Obligation of
    States and the
    Union.
    Control of the
    Union over States
    in certain cases.
    156 THE CONSTITUTION OF INDIA
    (Part XI.—Relations between the Union and the States.—
    Arts. 255—257.)
    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 or the power of the Union with
    respect to the highways or 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.
    1257A. [Assistance to States by deployment of armed forces
    or other forces of the Union.] Rep. by the Constitution (Fortyfourth
    Amendment) Act, 1978, s. 33 (w.e.f. 20-6-1979).
  241. (1) Notwithstanding anything in this
    Constitution, the President may, with the consent of the
    Government 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.
    Power of the Union
    to confer powers,
    etc., on States in
    certain cases.
    1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 43 (w.e.f. 3-1-1977).
    THE CONSTITUTION OF INDIA
    (Part XI.—Relations between the Union and the States.—
    Arts. 257—258.)
    157
    (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.
    1[258A. Notwithstanding anything in this
    Constitution, the Governor of a State may, with the
    consent of the Government 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.]
  242. [Armed Forces in States in Part B of the First
    Schedule.] Rep. by the Constitution (Seventh Amendment)
    Act, 1956, s. 29 and Sch.
  243. 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.
  244. (1) 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.
    Power of the
    States to entrust
    functions to the
    Union.
    Jurisdiction of the
    Union in relation
    to territories
    outside India.
    Public acts, records
    and judicial
    proceedings.
    1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 18.
    158 THE CONSTITUTION OF INDIA
    (Part XI.—Relations between the Union and the States.—
    Arts. 258—261.)
    (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
  245. (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
  246. If at 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,
    it 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.
    Adjudication of
    disputes relating
    to waters of inter-
    State rivers or
    river valleys.
    Provisions with
    respect to an
    inter-State
    Council.
    THE CONSTITUTION OF INDIA
    (Part XI.—Relations between the Union and the States.—
    Arts. 261—263.)
    159
    PART XII
    FINANCE, PROPERTY, CONTRACTS AND SUITS
    CHAPTER I.—FINANCE
    General
    1[264. In this Part, “Finance Commission” means a
    Finance Commission constituted under article 280.]
  247. No tax shall be levied or collected except by
    authority of law.
  248. (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 credited 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.
    160
    Interpretation.
    Taxes not to be
    imposed save by
    authority of law.
    Consolidated
    Funds and public
    accounts of India
    and of the States.
    1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for art. 264.
  249. (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 1***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
  250. (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 2[Union territory], by the Government of
    India, and
    (b) in other cases, by the States within which such
    duties are respectively leviable.
    Contingency Fund.
    Duties levied by
    the Union but
    collected and
    appropriated by
    the States.
    1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    2Subs. by s. 29 and Sch., ibid., for “State specified in Part C of the First Schedule”.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 267-268.)
    161
    (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.
    *[268A. (1) Taxes on services shall be levied by the
    Government of India and such tax shall be collected and
    appropriated by the Government of India and the States
    in the manner provided in clause (2).
    (2) The proceeds in any financial year of any such tax
    levied in accordance with the provisions of clause (1)
    shall be—
    (a) collected by the Government of India and the
    States;
    (b) appropriated by the Government of India and
    the States,
    in accordance with such principles of collection and
    appropriation as may be formulated by Parliament by
    law.]
  251. 1[(1) Taxes on the sale or purchase of goods and
    taxes on the consignment of goods shall be levied and
    collected by the Government of India but shall be assigned
    and shall be deemed to have been assigned to the States
    on or after the 1st day of April, 1996 in the manner
    provided in clause (2).
    Explanation.—For the purposes of this clause,—
    (a) the expression “taxes on the sale or purchase
    of goods” shall mean taxes on sale or purchase of
    goods other than newspapers, where such sale or
    purchase takes place in the course of inter-State trade
    or commerce;
    (b) the expression “taxes on the consignment of
    goods” shall mean 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.
    Service tax levied by
    Union and collected
    and appropriated by
    the Union and the
    States.
    Taxes levied and
    collected by the
    Union but assigned
    to the States.
    *Ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 2 (which is yet not in
    force, date to be notified later on).
    1Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 2, for cls. (1) and (2).
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 268-269.)
    162
    (2) The net proceeds in any financial year of any such
    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 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.]
    1[(3) Parliament may by law formulate principles for
    determining when a 2[sale or purchase of, or consignment
    of, goods] takes place in the course of inter-State trade or
    commerce.]
    3[270. (1) All taxes and duties referred to in the Union
    List, except the duties and taxes referred to in articles
    *[268 and 269], respectively, surcharge on taxes and duties
    referred to in article 271 and any cess levied for specific
    purposes under any law made by Parliament shall be
    levied and collected by the Government of India and
    shall be 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 of any such tax or duty in any financial year
    shall not form part of the Consolidated Fund of India,
    but shall be assigned to the States within which that tax
    or duty is leviable in that year, and shall be distributed
    among those States in such manner and from such time
    as may be prescribed in the manner provided in
    clause (3).
    (3) In this article, “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.]
    Taxes levied and
    distributed between
    the Union and the
    States.
    1Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 3.
    2Subs by the Constitution (Forty-sixth Amendment) Act, 1982, s. 2, for “sale or purchase
    of goods”.
    3Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 3, for art. 270 (w.e.f.
    1-4-1996).
    *The words and figures in brackets shall stand substituted as “articles 268, 268A and
    269” by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 3 (which is yet not in
    force, date to be notified later on).
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 269-270.)
    163
  252. Notwithstanding anything in articles 269 and
    270, Parliament may at any time increase any of the
    duties or taxes referred to in those articles by a surcharge
    for purposes of the Union and the whole proceeds of any
    such surcharge shall form part of the Consolidated Fund
    of India.
  253. [Taxes which are levied and collected by the Union
    and may be distributed between the Union and the States.]
    Rep. by the Constitution (Eightieth Amendment) Act, 2000,
    s. 4.
  254. (1) There shall be charged on the Consolidated
    Fund of India in each year as grants-in-aid of the revenues
    of the States 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.
  255. (1) No Bill or amendment which imposes or 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 provisions of this
    Chapter moneys are or may be distributable to States, or
    which imposes any such 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 of 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
    Surcharge on
    certain duties and
    taxes for purposes
    of the Union.
    Grants in lieu of
    export duty on jute
    and jute products.
    Prior
    recommendation of
    President required
    to Bills affecting
    taxation in which
    States are
    interested.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 271—274.)
    164
    (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.
  256. (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 Government of India
    for the purpose of promoting the welfare 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 preceding
    the commencement of this Constitution in respect of
    the administration of the tribal areas specified in
    1[Part I] of the table appended to paragraph 20 of the
    Sixth Schedule; and
    (b) the costs of such schemes of development as
    may be undertaken by that State with the approval
    of the Government of India for the purpose of raising
    Grants from the
    Union to certain
    States.
    1Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
    “Part A” (w.e.f. 21-1-1972).
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 274-275.)
    165
    the level of administration of the said areas to that of
    the administration of the rest of the areas of that
    State.
    1[(1A) On and from the formation of the autonomous
    State under article 244A,—
    (i) any sums payable under clause (a) of the
    second proviso to clause (1) shall, if the
    autonomous State comprises all the tribal areas
    referred to 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.
    1Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 3.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Art. 275.)
    166
  257. (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 by
    way of taxes on professions, trades, callings and
    employments shall not exceed 1[two thousand and five
    hundred rupees] per annum.
    2* * * *
    (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.
  258. 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.
  259. [Agreement with States in Part B of the First
    Schedule with regard to certain financial matters.] Rep. by the
    Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    Taxes on
    professions, trades,
    callings and
    employments.
    Savings.
    1Subs. by the Constitution (Sixtieth Amendment) Act, 1988, s. 2, for “two hundred and
    fifty rupees”.
    2Proviso omitted by s. 2, ibid.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 276—278.)
    167
  260. (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.
  261. (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) Parliament may by law determine the
    qualifications which shall be requisite for appointment
    as members of the Commission and the manner in which
    they shall be selected.
    (3) 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 grantsin-
    aid of the revenues of the States out of the
    Consolidated Fund of India;
    Calculation of “net
    proceeds”, etc.
    Finance
    Commission.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 279-280.)
    168
    1[(bb) the measures needed to augment the
    Consolidated Fund of a State to supplement the
    resources of the Panchayats in the State on the basis
    of the recommendations made by the Finance
    Commission of the State;]
    2[(c) the measures needed to augment the
    Consolidated Fund of a State to supplement the
    resources of the Municipalities in the State on the
    basis of the recommendations made by the Finance
    Commission of the State;]
    3[(d)] 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.
  262. 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
  263. 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.
  264. (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
    Recommendations
    of the Finance
    Commission.
    Expenditure
    defrayable by the
    Union or a State
    out of its revenues.
    Custody, etc., of
    Consolidated
    Funds, Contingency
    Funds and moneys
    credited to the
    public accounts.
    1Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 3 (w.e.f. 24-4-1993).
    2Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 3 (w.e.f. 1-6-1993).
    3Sub-clause (c) re-lettered as sub-clause (d) by s. 3, ibid. (w.e.f. 1-6-1993).
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 280—283.)
    169
    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 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 the Legislature of the State, and, until provision
    in that behalf is so made, shall be regulated by rules
    made by the Governor 1*** of the State.
  265. 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 State, as the case may be.
  266. (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.
    Custody of
    suitors’ deposits
    and other moneys
    received by public
    servants and
    courts.
    Exemption of
    property of the
    Union from State
    taxation.
    1The words “or Rajpramukh“ omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 283—285.)
    170
  267. (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.
    1* * * *
    2[(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[(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), subclause
    (c) or sub-clause (d) of clause (29A) 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.]]
  268. 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
    Restrictions as to
    imposition of tax
    on the sale or
    purchase of goods.
    Exemption from
    taxes on electricity.
    1Explanation to cl. (1) omitted by the Constitution (Sixth Amendment) Act, 1956, s. 4.
    2Subs. by s. 4, ibid., for cls. (2) and (3).
    3Subs. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 3, for cl. (3).
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 286-287.)
    171
    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.
  269. (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.
  270. (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
    Exemption from
    taxation by States
    in respect of water
    or electricity in
    certain cases.
    Exemption of
    property and
    income of a State
    from Union
    taxation.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 287—289.)
    172
    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.
  271. 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 of this Constitution under the
    Crown in India or after such 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.
    1[290A. 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
    Adjustment in
    respect of certain
    expenses and
    pensions.
    Annual payment to
    certain Devaswom
    Funds.
    1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 19.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 289—290A.)
    173
    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 1[Tamil
    Nadu] every year to the Devaswom Fund established in
    that State for the maintenance of Hindu temples and
    shrines in the territories transferred to that State on the
    1st day of November, 1956, from the State of Travancore-
    Cochin.]
  272. [Privy purse sums of Rulers.] Rep. by the Constitution
    (Twenty-sixth Amendment) Act, 197l, s. 2.
    CHAPTER II.—BORROWING
  273. 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.
  274. (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.
    Borrowing by the
    Government of
    India.
    1Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for
    “Madras” (w.e.f. 14-1-1969).
    Borrowing by
    States.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 290A—293.)
    174
    (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
  275. As from the commencement of this
    Constitution—
    (a) all property and assets which immediately
    before such commencement were vested in His
    Majesty for the purposes of the Government of the
    Dominion of India and all property and assets which
    immediately before such commencement were vested
    in His Majesty for the purposes of the Government
    of each Governor’s Province shall vest respectively
    in the Union and the corresponding State, and
    (b) all rights, liabilities and obligations of the
    Government of the Dominion of India and of the
    Government of each Governor’s Province, whether
    arising out of any contract or otherwise, shall be the
    rights, liabilities and obligations respectively of the
    Government of India and the Government of each
    corresponding State,
    subject to any adjustment made or to be made by reason
    of the creation before the commencement of this
    Constitution of the Dominion of Pakistan or of the
    Provinces of West Bengal, East Bengal, West Punjab and
    East Punjab.
  276. (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
    Succession to
    property, assets,
    rights, liabilities
    and obligations in
    certain cases.
    Succession to
    property, assets,
    rights, liabilities
    and obligations in
    other cases.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 293—295.)
    175
    (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 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).
  277. Subject as hereinafter provided, any property in
    the territory of India which, if this Constitution had not
    come into operation, would have accrued to His Majesty
    or, as the case may be, to the Ruler of an Indian State by
    escheat or lapse, or as bona vacantia for want of a rightful
    owner, shall, if it is property situate in a State, vest in
    such State, and shall, in any other case, vest in the Union:
    Provided that any property which at the date when
    it would have so accrued to His Majesty or to the Ruler
    of an Indian State was in the possession or under the
    control of the Government of India or the Government
    of a State shall, according as the purposes for which it
    was then used or held were purposes of the Union or of
    a State, vest in the Union or in that State.
    Explanation.—In this article, the expressions “Ruler”
    and “Indian State” have the same meanings as in
    article 363.
    Property accruing
    by escheat or lapse
    or as bona vacantia.
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 295-296.)
    176
    1[297. (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.]
    2[298. 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.]
  278. (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 3* 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 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union. Contracts. 1Subs. by the Constitution (Fortieth Amendment) Act, 1976, s. 2, for art. 297 (w.e.f. 27-5-1976). 2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 20, for art. 298. 3The words “or the Rajpramukh“ omitted by s. 29 and Sch., ibid. Power to carry on trade, etc. THE CONSTITUTION OF INDIA (Part XII.—Finance, Property, Contracts and Suits.— Arts. 297—299.) 177 the President or the Governor 1* by such persons and in
    such manner as he may direct or authorise.
    (2) Neither the President nor the Governor 2*** 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.
  279. (1) The Government of India may sue or be sued
    by the name of the Union of India 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.
    3[CHAPTER IV.—RIGHT TO PROPERTY
    300A. No person shall be deprived of his property
    save by authority of law.]
    Suits and
    proceedings.
    Persons not to be
    deprived of
    property save by
    authority of law.
    1The words “or the Rajpramukh“ omitted by the Constitution (Seventh Amendment)
    Act, 1956, s. 29 and Sch.
    2The words “nor the Rajpramukh“ omitted by s. 29 and Sch., ibid.
    3Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 34 (w.e.f.
    20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part XII.—Finance, Property, Contracts and Suits.—
    Arts. 299—300A.)
    178
    PART XIII
    TRADE, COMMERCE AND INTERCOURSE
    WITHIN THE TERRITORY OF INDIA
  280. Subject to the other provisions of this Part, trade,
    commerce and intercourse throughout the territory of
    India shall be free.
  281. 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.
  282. (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.
  283. Notwithstanding anything in article 301 or article
    303, the Legislature of a State may by law—
    (a) impose on goods imported from other States
    1[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
    179
    Freedom of trade,
    commerce and
    intercourse.
    Power of
    Parliament to
    impose restrictions
    on trade, commerce
    and intercourse.
    Restrictions on the
    legislative powers
    of the Union and
    of the States with
    regard to trade
    and commerce.
    Restrictions on
    trade, commerce
    and intercourse
    among States.
    1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    (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 (b) shall be introduced or moved in the
    Legislature of a State without the previous sanction of
    the President.
    1[305. Nothing in articles 301 and 303 shall affect
    the provisions of any existing law except in so far as the
    President may by 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 subclause
    (ii) of clause (6) of article 19.]
  284. [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, s. 29 and Sch.
  285. 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.
    Saving of existing
    laws and laws
    providing for State
    monopolies.
    Appointment of
    authority for
    carrying out the
    purposes of articles
    301 to 304.
    1Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 4, for art. 305.
    THE CONSTITUTION OF INDIA
    (Part XIII.—Trade, Commerce and Intercourse within the
    Territory of India.—Arts. 304—307.)
    180
    PART XIV
    SERVICES UNDER THE UNION AND THE STATES
    CHAPTER I.—SERVICES
  286. In this Part, unless the context otherwise
    requires, the expression “State” 1[does not include the
    State of Jammu and Kashmir].
  287. 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 2*** 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.
  288. (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 3* of the State. (2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the 181 Interpretation. Recruitment and conditions of service of persons serving the Union or a State. Tenure of office of persons serving the Union or a State. 1 Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “means a State specified in Part A or Part B of the First Schedule”. 2The words “or Rajpramukh” omitted by s. 29 and Sch., ibid. 3The words “or, as the case may be, the Rajpramukh” omitted by s. 29 and Sch., ibid. pleasure of the President or, as the case may be, of the Governor 1* 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 2***, 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.
  289. (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 an authority
    subordinate to that by which he was appointed.
    3[(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 4***:
    5[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
    Dismissal, removal
    or reduction in rank
    of persons
    employed in civil
    capacities under the
    Union or a State.
    1The words “or the Rajpramukh” omitted by the Constitution (Seventh Amendment)
    Act, 1956, s. 29 and Sch.
    2The words “or the Rajpramukh” omitted by s. 29 and Sch., ibid.
    3Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3).
    4Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44
    (w.e.f. 3-1-1977).
    5Subs. by s. 44, ibid., for certain words (w.e.f. 3-1-1977).
    THE CONSTITUTION OF INDIA
    (Part XIV.—Services under the Union and the States.—
    Arts. 310—311.)
    182
    (b) where the authority empowered to dismiss or
    remove a person or to reduce him in rank is 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.]
  290. (1) Notwithstanding anything in 1[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 2[(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.
    2[(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
    All-India services.
    1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45, for “Part XI”
    (w.e.f. 3-1-1977).
    2Ins. by s. 45, ibid. (w.e.f. 3-1-1977).
    THE CONSTITUTION OF INDIA
    (Part XIV.—Services under the Union and the States.—
    Arts. 311—312.)
    183
    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.]
    1[312A. (1) Parliament may by law—
    (a) vary or revoke, whether prospectively or
    retrospectively, the conditions of services 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-eighth 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 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, retired or
    otherwise ceased to be in service at any time before
    the commencement of the Constitution (Twentyeighth
    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 member 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 conditions of his service to
    his disadvantage except in so far as such conditions 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.
    Power of
    Parliament to vary
    or revoke
    conditions of
    service of officers
    of certain services.
    1Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-8-1972).
    THE CONSTITUTION OF INDIA
    (Part XIV.—Services under the Union and the States.—
    Arts. 312—312A.)
    184
    (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;
    (b) any dispute in respect of any right, liability or
    obligation under article 314 as originally enacted.
    (4) The provisions of this article shall have effect
    notwithstanding anything in article 314 as originally
    enacted or in any other provision of this Constitution.]
  291. 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 this Constitution, as an all-
    India service or as service or post under the Union or a
    State shall continue in force so far as consistent with the
    provisions of this Constitution.
  292. [Provision for protection of existing officers of certain
    services.] Rep. by the Constitution (Twenty-eighth Amendment)
    Act, 1972, s. 3 (w.e.f. 29-8-1972).
    CHAPTER II.— PUBLIC SERVICE COMMISSIONS
  293. (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.
    Transitional
    provisions.
    Public Service
    Commissions for
    the Union and for
    the States.
    THE CONSTITUTION OF INDIA
    (Part XIV.—Services under the Union and the States.—
    Arts. 312A—315.)
    185
    (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 1*** 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.
  294. (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 1* 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. Appointment and term of office of members. 1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. THE CONSTITUTION OF INDIA (Part XIV.—Services under the Union and the States.— Arts. 315—316.) 186 1[(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 person 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 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 2[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 3* 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.
  295. (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
    Removal and
    suspension of a
    member of a Public
    Service Commission.
    1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11.
    2Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for “sixty years”.
    3The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    (Part XIV.—Services under the Union and the States.—
    Arts. 316—317.)
    187
    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 Commission
    or a Joint Commission, and the Governor 1*** 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.
    1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    (Part XIV.—Services under the Union and the States.—
    Art. 317.)
    188
  296. In the case of the Union Commission or a Joint
    Commission, the President and, in the case of a State
    Commission, the Governor 1*** 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.
  297. On ceasing to hold office—
    (a) the Chairman of the Union Public Service
    Commission shall be ineligible for further
    employment either under the Government of India
    or under the Government of a State;
    (b) the Chairman of a State Public Service
    Commission shall be eligible for appointment as the
    Chairman or any other member of the Union Public
    Service Commission or as the Chairman of any other
    State Public Service Commission, but not for any
    other employment either under the Government of
    India or under the Government of a State;
    (c) a member other than the Chairman of the
    Union Public Service Commission shall be eligible
    for appointment as the Chairman of the Union Public
    Service Commission, or as the Chairman of a State
    Public Service Commission, but not for any other
    employment either under the Government of India
    or under the Government of a State;
    (d) a member other than the Chairman of a State
    Public Service Commission shall be eligible for
    appointment as the Chairman or any other member
    Power to make
    regulations as to
    conditions of
    service of members
    and staff of the
    Commission.
    Prohibition as to
    the holding of
    offices by members
    of Commission on
    ceasing to be such
    members.
    1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    ((Part XIV.—Services under the Union and the States.—
    Arts. 318—319.)
    189
    of the Union Public Service Commission or as the
    Chairman of that or 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.
  298. (1) It shall be the duty of the Union and the State
    Public Service Commissions 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 States 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
    Functions of
    Public Service
    Commissions.
    THE CONSTITUTION OF INDIA
    (Part XIV.—Services under the Union and the States.—
    Arts. 319—320.)
    190
    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 advise on any matter so referred to them and on any
    other matter which the President, or, as the case may be,
    the Governor 1*** 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 2, 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 may be given to the provisions of article 335. (5) All regulations made under the proviso to clause (3) by the President or the Governor 1 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
    1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    2The words “or Rajpramukh, as the case may be” omitted by s. 29 and Sch., ibid.
    THE CONSTITUTION OF INDIA
    (Part XIV.—Services under the Union and the States.—
    Art. 320.)
    191
    of the Legislature of the State may make during the
    session in which they are so laid.
  299. 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 or the State and also as
    respects the services of any local authority or other body
    corporate constituted by law or of any public institution.
  300. 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.
  301. (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 reasons 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 1* 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 1* 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 2***, 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.
    Power to extend
    functions of
    Public Service
    Commissions.
    Expenses of
    Public Service
    Commissions.
    Reports of Public
    Service
    Commissions.
    1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    2The words “or Rajpramukh, as the case may be” omitted by s. 29 and Sch., ibid.
    THE CONSTITUTION OF INDIA
    (Part XIV.—Services under the Union and the States.—
    Arts. 320—323.)
    192
    1[PART XIVA
    TRIBUNALS
    323A. (1) 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 causes
    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;
    193
    1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 46 (w.e.f. 3-1-1977).
    Administrative
    tribunals.
    (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. (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 food-stuffs (including edible oilseeds
    and oils) and such other goods as the President may,
    by public notification, declare to be essential goods
    Tribunals for
    other matters.
    THE CONSTITUTION OF INDIA
    (Part XIVA.—Tribunals.—Arts. 323A—323B.)
    194
    for the purpose of this article and control of prices of
    such goods;
    1[(h) rent, its regulation and control and tenancy issues
    including the right, title and interest of landlords and
    tenants;]
    2[(i)] offences against laws with respect to any of the
    matters specified in sub-clauses (a) to 3[(h)] and fees in
    respect of any of those matters;
    2[(j)] any matter incidental to any of the matters
    specified in sub-clauses (a) to 4[(i)].
    (3) A law made under clause (1) may—
    (a) provide for the establishment of a hierarchy of
    tribunals;
    (b) specify the jurisdiction, powers (including the
    power to punish for contempt) and authority which
    may be exercised by each of the said tribunals;
    (c) provide for the procedure (including provisions
    as to limitation and rules of evidence) to be followed
    by the said tribunals;
    (d) exclude the jurisdiction of all courts, except the
    jurisdiction of the Supreme Court under article 136,
    with respect to all or any of the matters falling within
    the jurisdiction of the said tribunals;
    (e) provide for the transfer to each such tribunal of
    any cases pending before any court or any other
    authority immediately before the establishment of
    such tribunal as would have been within the
    jurisdiction of such tribunal if the causes of action on
    which such suits or proceedings are based had arisen
    after such establishment;
    1Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994).
    2Sub-clauses (h) and (i) re-lettered as sub-clauses (i) and (j) by s. 2, ibid. (w.e.f.
    15-5-1994).
    3Subs. by s. 2, ibid., for “(g)” (w.e.f. 15-5-1994).
    4Subs. by s. 2, ibid., for “(h)” (w.e.f. 15-5-1994).
    THE CONSTITUTION OF INDIA
    (Part XIVA.—Tribunals.—Art. 323B.)
    195
    (f) contain such supplemental, incidental and
    consequential provisions (including provisions as to
    fees) as the appropriate Legislature may deem
    necessary for the effective functioning of, and for the
    speedy disposal of cases by, and the enforcement of
    the orders of, such tribunals.
    (4) The provisions of this article shall have effect
    notwithstanding anything in any other provision of this
    Constitution or in any other law for the time being in
    force.
    Explanation.—In this article, “appropriate
    Legislature”, in relation to any matter, means Parliament
    or, as the case may be, a State Legislature competent to
    make laws with respect to such matter in accordance
    with the provisions of Part XI.]
    THE CONSTITUTION OF INDIA
    (Part XIVA.—Tribunals.—Art. 323B.)
    196
    PART XV
    ELECTIONS
  302. (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 1* 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: 197 Superintendence, direction and control of elections to be vested in an Election Commission. 1The words “including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to Parliament and to the Legislatures of States” omitted by the Constitution (Nineteenth Amendment) Act, 1966, s. 2. 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 1* of a State,
    shall, when so requested by the Election Commission,
    make available to the Election Commission or to a Regional
    Commissioner such staff as may be necessary for the
    discharge of the functions conferred on the Election
    Commission by clause (1).
  303. 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.
  304. The elections to the House of the People and to
    the Legislative Assembly of every State shall be on the
    basis of adult suffrage; that is to say, every person who
    is a citizen of India and who is not less than 2[eighteen
    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.
    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.
    Elections to the
    House of the
    People and to the
    Legislative
    Assemblies of
    States to be on
    the basis of adult
    suffrage.
    1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    2Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for “twenty-one
    years”.
    THE CONSTITUTION OF INDIA
    (Part XV.—Elections.—Arts. 324—326.)
    198
  305. Subject to the provisions of this Constitution,
    Parliament may from time to time by law make 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.
  306. 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 by law 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.
  307. 1[Notwithstanding anything in this Constitution
    2***—]
    (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.
    3329A. [Special provision as to elections to Parliament in
    the case of Prime Minister and Speaker.] Rep. by the
    Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f.
    20-6-1979).
    Power of
    Parliament to make
    provision with
    respect to elections
    to Legislatures.
    Power of
    Legislature of a
    State to make
    provision with
    respect to elections
    to such Legislature.
    Bar to interference
    by courts in
    electoral matters.
    1Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words.
    2The words, figures and letters “but subject to the provisions of article 329A” omitted
    by the Constitution (Forty-fourth Amendment) Act, 1978, s. 35 (w.e.f. 20-6-1979).
    3Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 4.
    THE CONSTITUTION OF INDIA
    (Part XV.—Elections.—Arts. 327—329A.)
    199
    PART XVI
    SPECIAL PROVISIONS RELATING
    TO CERTAIN CLASSES
  308. (1) Seats shall be reserved in the House of the
    People for —
    (a) the Scheduled Castes;
    1[(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 2[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 2[or Union territory] in the House of the
    People as the population of the Scheduled Castes in the
    State 2[or Union territory] or of the Scheduled Tribes in
    the State 2[or Union territory] or part of the State 2[or
    Union territory, as the case may be, in respect of which
    seats are so reserved, bears to the total population of the
    State 2[or Union territory].
    3[(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.]
    4[Explanation—In this article and in article 332, the
    expression “population” means the population as
    200
    Reservation of seats
    for Scheduled
    Castes and
    Scheduled Tribes in
    the House of the
    People.
    1Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause (b)
    (w.e.f. 16-6-1986).
    2Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    3Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3.
    4Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977).
    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 1[2026] have been
    published, be construed as a reference to the 2[2001]
    census.]
  309. 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.
  310. (1) Seats shall be reserved for the Scheduled
    Castes and the Scheduled Tribes, 3[except the Scheduled
    Tribes in the autonomous districts of Assam], in the
    Legislative Assembly of every State 4. (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 of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State. 5[(3A) Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the readjustment, on the basis of the first census after the year 6[2026], of the number of seats in the Legislative Representation of the Anglo-Indian Community in the House of the People. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States. 1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for “2000” and “1971” respectively. 2Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for “1991”. 3Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f. 16-6-1986). 4The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 5Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, s. 2 (w.e.f. 21-9-1987). 6Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for “2000”. THE CONSTITUTION OF INDIA (Part XVI.—Special Provisions relating to certain Classes.—Arts. 330—332.) 201 Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be,— (a) if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred to as the existing Assembly) are held by members of the Scheduled Tribes, all the seats except one; (b) in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled Tribes in the existing Assembly bears to the total number of seats in the existing Assembly.] 1[(3B) Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes effect on the basis of the first census after the year 2[2026], of the number of seats in the Legislative Assembly of the State of Tripura, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the Constitution (Seventysecond Amendment) Act, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.] (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 3.
    1Ins. by the Constitution (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f.
    5-12-1992).
    2Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for “2000”.
    3Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of
    1971), s. 71 (w.e.f. 21-1-1972).
    202 THE CONSTITUTION OF INDIA
    (Part XVI.—Special Provisions relating to certain
    Classes.—Art. 332.)
    (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 1***:
    2[Provided that for elections to the Legislative
    Assembly of the State of Assam, the representation of the
    Scheduled Tribes and non-Scheduled Tribes in the
    constituencies included in the Bodoland Territorial Areas
    District, so notified, and existing prior to the constitution
    of Bodoland Territorial Areas District, shall be
    maintained.]
  311. Notwithstanding anything in article 170, the
    Governor 3*** 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, 4[nominate one member of that
    community to the Assembly].
  312. Notwithstanding anything in the foregoing
    provisions of this Part, the provisions of this 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
    5[sixty 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.
    Representation of
    the Anglo-Indian
    community in the
    Legislative
    Assemblies of the
    States.
    Reservation of
    seats and special
    representation to
    cease after 5[sixty
    years].
    1Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of
    1971), s. 71 (w.e.f. 21-1-1972).
    2Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2.
    3The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    4Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for “nominate
    such number of members of the community to the Assembly as he considers appropriate”.
    5Subs. by the Constitution (Seventy-ninth Amendment) Act, 1999, s. 2, for “fifty years”
    (w.e.f. 25-1-2000).
    THE CONSTITUTION OF INDIA
    (Part XVI.—Special Provisions relating to certain
    Classes.—Arts. 332—334.)
    203
  313. 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:
    1[Provided that nothing in this article shall prevent in
    making of any provision in favour of the members of the
    Scheduled Castes and the Scheduled Tribes for relaxation in
    qualifying marks in any examination or lowering the
    standards of evaluation, for reservation in matters of
    promotion to any class or classes of services or posts in
    connection with the affairs of the Union or of a State.]
  314. (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.
  315. 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 2***
    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.
    Claims of
    Scheduled Castes
    and Scheduled
    Tribes to services
    and posts.
    Special provision
    for Anglo-Indian
    community in
    certain services.
    Special provision
    with respect to
    educational grants
    for the benefit of
    Anglo-Indian
    community.
    1Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2.
    2The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    204 THE CONSTITUTION OF INDIA
    (Part XVI.—Special Provisions relating to certain
    Classes.—Arts. 335—337.)
    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 the annual admissions therein
    are made available to members of communities other
    than the Anglo-Indian community.
  316. 2[(1) There shall be a Commission for the
    Scheduled Castes to be known as the National
    Commission for the Scheduled Castes.
    (2) Subject to the provisions of any law made in this
    behalf by Parliament, the Commission shall consist of a
    Chairperson, Vice-Chairperson and three other Members
    and the conditions of service and tenure of office of the
    Chairperson, Vice-Chairperson and other Members so
    appointed shall be such as the President may by rule
    determine.]
    (3) The Chairperson, Vice-Chairperson and other
    Members of the Commission shall be appointed by the
    President by warrant under his hand and seal.
    (4) The Commission shall have the power to regulate
    its own procedure.
    (5) It shall be the duty of the Commission—
    (a) to investigate and monitor all matters relating
    to the safeguards provided for the Scheduled Castes
    3*** under this Constitution or under any other law
    for the time being in force or under any order of the
    Government and to evaluate the working of such
    safeguards;
    1Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for the marginal
    heading (w.e.f. 19-2-2004).
    2Subs. by s. 2, ibid., for cls. (1) and (2) (w.e.f. 19-2-2004).
    3The words “and Scheduled Tribes” omitted by s. 2, ibid. (w.e.f. 19-2-2004).
    1[National
    Commission for
    Scheduled Castes.]
    THE CONSTITUTION OF INDIA
    (Part XVI.—Special Provisions relating to certain
    Classes.—Arts. 337-338.)
    205
    (b) to inquire into specific complaints with respect
    to the deprivation of rights and safeguards of the
    Scheduled Castes 1; (c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes 1 and to evaluate the progress of
    their development under the Union and any State;
    (d) to present to the President, annually and at
    such other times as the Commission may deem fit,
    reports upon the working of those safeguards;
    (e) to make in such reports recommendations as to
    the measures that should be taken by the Union
    or any State for the effective implementation of those
    safeguards and other measures for the protection,
    welfare and socio-economic development of the
    Scheduled Castes 1; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes 1 as the
    President may, subject to the provisions of any law
    made by Parliament, by rule specify.
    (6) The President shall cause all such reports to be
    laid before each House of Parliament along with a
    memorandum explaining the action taken or proposed to
    be taken on the recommendations relating to the Union
    and the reasons for the non-acceptance, if any, of any of
    such recommendations.
    (7) Where any such report, or any part thereof, relates
    to any matter with which any State Government is
    concerned, a copy of such report shall be forwarded to
    the Governor of the State who shall cause it to be laid
    before the Legislature of the State along with a
    memorandum explaining the action taken or proposed to
    be taken on the recommendations relating to the State
    and the reasons for the non-acceptance, if any, of any of
    such recommendations.
    1The words “and Scheduled Tribes” omitted by the Constitution (Eighty-ninth
    Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).
    206 THE CONSTITUTION OF INDIA
    (Part XVI.—Special Provisions relating to certain
    Classes.—Art. 338.)
    (8) The Commission shall, while investigating any
    matter referred to in sub-clause (a) or inquiring into any
    complaint referred to in sub-clause (b) of clause (5), have
    all the powers of a civil court trying a suit and in
    particular in respect of the following matters, namely :—
    (a) summoning and enforcing the attendance of
    any person from any part of India and examining
    him on oath;
    (b) requiring the discovery and production of any
    document;
    (c) receiving evidence on affidavits;
    (d) requisitioning any public record or copy thereof
    from any court or office;
    (e) issuing commissions for the examination of
    witnesses and documents;
    (f) any other matter which the President may, by
    rule, determine.
    (9) The Union and every State Government shall
    consult the Commission on all major policy matters
    affecting Scheduled Castes 1.] 2[(10)] In this article, references to the Scheduled Castes 1 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.
    3[338A. (1) There shall be a Commission for the
    Scheduled Tribes to be known as the National
    Commission for the Scheduled Tribes.
    (2) Subject to the provisions of any law made in this
    behalf by Parliament, the Commission shall consist of a
    Chairperson, Vice-Chairperson and three other Members
    and the conditions of service and tenure of office of the
    1The words “and Scheduled Tribes” omitted by the Constitution (Eighty-ninth
    Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).
    2Cl. (3) renumbered as cl. (10) by the Constitution (Sixty-fifth Amendment) Act, 1990,
    s. 2 (w.e.f. 12-3-1992).
    3Ins. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 3 (w.e.f. 19-2-2004).
    National
    Commission for
    Scheduled Tribes.
    THE CONSTITUTION OF INDIA
    (Part XVI.—Special Provisions relating to certain
    Classes.—Arts. 338-338A.)
    207
    Chairperson, Vice-Chairperson and other Members so
    appointed shall be such as the President by rule
    determine.
    (3) The Chairperson, Vice-Chairperson and other
    Members of the Commission shall be appointed by the
    President by warrant under his hand and seal.
    (4) The Commission shall have the power to regulate
    its own procedure.
    (5) It shall be the duty of the Commission—
    (a) to investigate and monitor all matters relating
    to the safeguards provided for the Scheduled Tribes
    under this Constitution or under any other law for
    the time being in force or under any order of the
    Government and to evaluate the working of such
    safeguards;
    (b) to inquire into specific complaints with respect
    to the deprivation of rights and safeguards of the
    Scheduled Tribes;
    (c) to participate and advise on the planning
    process of socio-economic development of the
    Scheduled Tribes and to evaluate the progress of their
    development under the Union and any State;
    (d) to present to the President, annually and at
    such other times as the Commission may deem fit,
    reports upon the working of those safeguards;
    (e) to make in such reports recommendations as
    to the measures that should be taken by the Union
    or any State for the effective implementation of those
    safeguards and other measures for the protection,
    welfare and socio-economic development of the
    Scheduled Tribes; and
    (f) to discharge such other functions in relation to
    the protection, welfare and development and
    advancement of the Scheduled Tribes as the President
    may, subject to the provisions of any law made by
    Parliament, by rule specify.
    (6) The President shall cause all such reports to be
    laid before each House of Parliament along with a
    memorandum explaining the action taken or proposed
    208 THE CONSTITUTION OF INDIA
    (Part XVI.—Special Provisions relating to certain
    Classes.—Art. 338A.)
    to be taken on the recommendations relating to the Union
    and the reasons for the non-acceptance, if any, of any of
    such recommendations.
    (7) Where any such report, or any part thereof, relates
    to any matter with which any State Government is
    concerned, a copy of such report shall be forwarded to
    the Governor of the State who shall cause it to be laid
    before the Legislature of the State along with a
    memorandum explaining the action taken or proposed to
    be taken on the recommendations relating to the State
    and the reasons for the non-acceptance, if any, of any of
    such recommendations.
    (8) The Commission shall, while investigating any
    matter referred to in sub-clause (a) or inquiring into any
    complaint referred to in sub-clause (b) of clause (5), have
    all the powers of a civil court trying a suit and in
    particular in respect of the following matters, namely: —
    (a) summoning and enforcing the attendance of
    any person from any part of India and examining
    him on oath;
    (b) requiring the discovery and production of any
    document;
    (c) receiving evidence on affidavits;
    (d) requisitioning any public record or copy thereof
    from any court or office;
    (e) issuing commissions for the examination of
    witnesses and documents;
    (f) any other matter which the President may, by
    rule, determine.
    (9) The Union and every State Government shall
    consult the Commission on all major policy matters
    affecting Scheduled Tribes.]
  317. (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 the Scheduled Tribes in the States 1***.
    Control of the
    Union over the
    administration of
    Scheduled Areas
    and the welfare of
    Scheduled Tribes.
    1The words and letters “specified in Part A and Part B of the First Schedule” omitted by
    the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    (Part XVI.—Special Provisions relating to certain
    Classes.—Arts. 338A-339.)
    209
    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 1[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.
  318. (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 and
    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.
  319. (1) The President 2[may with respect to any State
    3[or Union territory], and where it is a State 4, after consultation with the Governor 5 thereof,] by
    Appointment of a
    Commission to
    investigate the
    conditions of
    backward classes.
    Scheduled Castes.
    1Subs by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “any such
    State”.
    2Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for “may, after consultation
    with the Governor or Rajpramukh of a State”.
    3Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    4The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    s. 29 and Sch., ibid.
    5The words “or Rajpramukh” omitted by s. 29 and Sch., ibid.
    210 THE CONSTITUTION OF INDIA
    (Part XVI.—Special Provisions relating to certain
    Classes.—Arts. 339—341.)
    public notification1, 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 2[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.
  320. (1) The President 3[may with respect to any State
    2[or Union territory], and where it is a State 4, after consultation with the Governor 5 thereof,] by public
    notification6, 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
    2[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.
    Scheduled Tribes.
    1See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution
    (Scheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the Constitution (Jammu and
    Kashmir) Scheduled Castes Order, 1956 (C.O. 52), the Constitution (Dadra and Nagar
    Haveli) Scheduled Castes Order, 1962 (C.O. 64), the Constitution (Pondicherry) Scheduled
    Castes Order, 1964 (C.O. 68), the Constitution (Goa, Daman and Diu) Scheduled Castes
    Order, 1968 (C.O. 81) and the Constitution (Sikkim) Scheduled Castes Order, 1978 (C.O.
    110).
    2Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    3Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for “may, after consultation
    with the Governor or Rajpramukh of a State,”.
    4The words and letters “Specified in Part A or Part B of the First Schedule” omitted by
    the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    5The words “or Rajpramukh” omitted by s. 29 and Sch., ibid.
    6See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution
    (Scheduled Tribes) (Union Territories) Order, 1951 (C.O. 33), the Constitution (Andaman
    and Nicobar Islands) Scheduled Tribes Order, 1959 (C.O. 58), the Constitution (Dadra and
    Nagar Haveli) Scheduled Tribes Order, 1962 (C.O. 65), the Constitution (Scheduled Tribes)
    (Uttar Pradesh) Order, 1967 (C.O. 78), the Constitution (Goa, Daman and Diu) Scheduled
    Tribes Order, 1968 (C.O. 82), the Constitution (Nagaland) Scheduled Tribes Order, 1970
    (C.O. 88) and the Constitution (Sikkim) Scheduled Tribes Order, 1978 (C.O. 111).
    THE CONSTITUTION OF INDIA
    (Part XVI.—Special Provisions relating to certain
    Classes.—Arts. 341-342.)
    211
    PART XVII
    OFFICIAL LANGUAGE
    CHAPTER I.—LANGUAGE OF THE UNION
  321. (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 order1 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.
  322. (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 Eighth
    Schedule as the President may appoint, and the order
    212
    1See C.O. 41.
    Official language
    of the Union.
    Commission and
    Committee of
    Parliament on
    official language.
    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 just 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.
    THE CONSTITUTION OF INDIA
    (Part XVII.—Official Language.—Art. 344.)
    213
    (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
  323. Subject to the provisions of articles 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.
  324. 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.
  325. 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 by that
    State, direct that such language shall also be officially
    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.
  326. (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,
    Official language
    or languages of a
    State.
    Official language
    for communication
    between one State
    and another or
    between a State
    and the Union.
    Language to be
    used in the
    Supreme Court and
    in the High Courts
    and for Acts, Bills,
    etc.
    Special provision
    relating to language
    spoken by a section
    of the population
    of a State.
    THE CONSTITUTION OF INDIA
    (Part XVII.—Official Language.—Arts. 344—348.)
    214
    (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 1* 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 1* 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
    1* 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 1* 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.
    1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    THE CONSTITUTION OF INDIA
    (Part XVII.—Official Language.—Art. 348.)
    215
  327. 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
  328. 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.
    1[350A. 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.
    350B. (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
    shall cause all such reports to be laid before each House
    of Parliament, and sent to the Governments of the States
    concerned.]
  329. It shall be the duty of the Union to promote the
    spread of the Hindi language, to develop it so that it may
    Special procedure
    for enactment of
    certain laws
    relating to
    language.
    Language to be
    used in
    representations for
    redress of
    grievances.
    Facilities for
    instruction in
    mother-tongue at
    primary stage.
    Special Officer for
    linguistic
    minorities.
    Directive for
    development of the
    Hindi language.
    1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 21.
    THE CONSTITUTION OF INDIA
    (Part XVII.—Official Language.—Arts. 349—351.)
    216
    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.
    THE CONSTITUTION OF INDIA
    (Part XVII.—Official Language.—Art. 351.)
    217
    PART XVIII
    EMERGENCY PROVISIONS
  330. (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 1[armed rebellion], he may,
    by Proclamation, make a declaration to that effect 2[in
    respect of the whole of India or of such part of the
    territory thereof as may be specified in the Proclamation].
    3[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.]
    4[(2) A Proclamation issued under clause (1) may be
    varied or revoked by a subsequent Proclamation.
    (3) The President shall not issue a Proclamation under
    clause (1) 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 appointed 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:
    218
    Proclamation of
    Emergency.
    1Subs by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37, for “internal
    disturbance” (w.e.f. 20-6-1979).
    2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 48 (w.e.f. 3-1-1977).
    3Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).
    4 Subs. by s. 37, ibid., for cls. (2), (2A) and (3) (w.e.f. 20-6-1979).
    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 the dissolution of the House of the People takes 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 to 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 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.
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Art. 352.)
    219
    (6) For the purposes of clauses (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 (1) 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 (1) 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.]
    1[2[(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 3[armed rebellion] or imminent danger of
    war or external aggression or 3[armed rebellion], whether
    or not there is a Proclamation already issued by the
    President under clause (1) and such Proclamation is in
    operation.
    4* * * * *]
    1Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (retrospectively).
    2Cl. (4) re-numbered as cl. (9) by the Constitution (Forty-fourth Amendment) Act, 1978,
    s. 37 (w.e.f 20-6-1979).
    3Subs. by s. 37, ibid., for “internal disturbance” (w.e.f 20-6-1979).
    4Cl. (5) omitted by s. 37, ibid. (w.e.f. 20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Art. 352.)
    220
  331. 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 it is one which is not
    enumerated in the Union List:
    1[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.]
  332. (1) 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 specified in the order, have effect
    subject to such exceptions or modifications as he thinks
    fit.
    Effect of
    Proclamation of
    Emergency.
    Application of
    provisions relating
    to distribution of
    revenues while a
    Proclamation of
    Emergency is in
    operation.
    1Ins. by the Constitution (Forty-second Amendment) Act 1976, s. 49 (w.e.f. 3-1-1977).
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Arts. 353-354.)
    221
    (2) Every order made under clause (1) shall, as soon
    as may be after it is made, be laid before each House of
    Parliament.
  333. 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.
  334. (1) If the President, on receipt of a report from the
    Governor 1* of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation— (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor 2*
    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.
    Duty of the Union
    to protect States
    against external
    aggression and
    internal
    disturbance.
    Provisions in case
    of failure of
    constitutional
    machinery in
    States.
    1The words “or Rajpramukh“ omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    2The words “or Rajpramukh, as the case may be” omitted by s. 29 and Sch., ibid.
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Arts. 354—356.)
    222
    (2) Any such Proclamation may be revoked or varied
    by a subsequent Proclamation.
    (3) Every Proclamation 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 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 1[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
    2[six months] from the date on which under this clause it
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year
    from the date of the passing of the second of the resolutions approving the Proclamation
    under clause (3)” (w.e.f. 20-6-1979). The words “one year” were subs. for the original words
    “six months” by the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f.
    3-1-1977).
    2Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year”
    (w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” by
    the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977).
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Art. 356.)
    223
    would otherwise have ceased to operate, 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 1[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:
    2[Provided also that in the case of the Proclamation
    issued under clause (1) on the 11th day of May, 1987 with
    respect to the State of Punjab, the reference in the first
    proviso to this clause to “three years” shall be construed
    as a reference to 3[five years].]
    4[(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
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year“
    (w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” by
    the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977).
    2Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2.
    3Successively subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 and
    the Constitution (Sixty-eighth Amendment) Act, 1991, s. 2 to read as above.
    4Subs by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for cl. (5) (w.e.f.
    20-6-1979). Cl. (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 6
    (retrospectively).
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Art. 356.)
    224
    (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:]
    1[Provided that nothing in this clause shall apply to
    the Proclamation issued under clause (1) on the 11th day
    of May, 1987 with respect to the State of Punjab.]
  335. (1) Where by 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.
    5[(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)
    Exercise of
    legislative powers
    under Proclamation
    issued under article
    356.
    1Omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 2 (w.e.f. 6-1-1990).
    Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2.
    2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 51, for cl. (2)
    (w.e.f. 3-1-1977).
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Arts. 356-357.)
    225
    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.]
  336. 1[(1)] 2[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 incompetency, 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:
    3[Provided that 4[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.]
    5[(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
    Suspension of
    provisions of
    article 19 during
    emergencies.
    1Art. 358 re-numbered as cl. (1) thereof by by the Constitution (Forty-fourth Amendment)
    Act, 1978, s. 39 (w.e.f. 20-6-1979).
    2Subs. by s. 39, ibid., for “While a Proclamation of Emergency is in operation” (w.e.f.
    20-6-1979).
    3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 52 (w.e.f. 3-1-1977).
    4 Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, for “where a
    Proclamation of Emergency” (w.e.f. 20-6-1979).
    5Ins. by s. 39, ibid. (w.e.f. 20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Arts. 357-358.)
    226
    Suspension of the
    enforcement of the
    rights conferred by
    Part III during
    emergencies.
    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.]
  337. (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
    1[the rights conferred by Part III (except articles 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.
    2[(1A) While an order made under clause (1)
    mentioning any of 1[the rights conferred by Part III
    (except articles 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 contained in that Part be competent
    to make or to take, but any law so made shall, to the
    extent of the incompetency, 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:]
    3[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.]
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40, for “the rights
    conferred by Part III” (w.e.f. 20-6-1979).
    2Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (retrospectively).
    3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Arts. 358-359.)
    227
    1[(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:
    2[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
    as may be after it is made, be laid before each House of
    Parliament.
    3359A. [Application of this Part to the State of Punjab.]
    Rep. by the Constitution (Sixty-third Amendment) Act, 1989,
    s. 3 (w.e.f. 6-1-1990).
  338. (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.
    4[(2) A Proclamation issued under clause (1)—
    (a) may be revoked or varied by a subsequent
    Proclamation;
    Provisions as to
    financial
    emergency.
    1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40 (w.e.f. 20-6-1979).
    2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).
    3Ins. by the Constitution (Fifty-ninth Amendment) Act, 1988, s. 3. It shall cease to
    operate on the expiry of a period of two years from the commencement of this Act, i.e.,
    thirtieth day of March, 1988.
    4Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 41, for cl. (2) (w.e.f.
    20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Arts. 359—360.)
    228
    (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 subclause
    (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 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.]
    (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;
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Art. 360.)
    229
    (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.
    1* * * * *
    1Cl. (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 8
    (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,
    s. 41 (w.e.f. 20-6-1979).
    THE CONSTITUTION OF INDIA
    (Part XVIII.—Emergency Provisions.—Art. 360.)
    230
    PART XIX
    MISCELLANEOUS
  339. (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 Government of India
    or the Government of a State.
    (2) No criminal proceedings whatsoever shall be
    instituted or continued against the President, or the
    Governor 1* 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 1* of a State, shall issue
    from any court during his term of office.
    (4) No civil proceedings in which relief is claimed
    against the President, or the Governor 1* 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 1*
    of such State, until the expiration of two months next
    after notice in writing has been delivered to the President
    or the Governor 2***, 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
    231
    Protection of
    President and
    Governors and
    Rajpramukhs.
    1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
    1956, s. 29 and Sch.
    2The words “or the Rajpramukh” omitted by s. 29 and Sch., ibid.
    residence of the party by whom such proceedings are to
    be instituted and the relief which he claims.
    1[361A. (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.]
    2[361B. A member of a House belonging to any
    political party who is disqualified for being a member of
    the House under paragraph 2 of the Tenth Schedule shall
    also be disqualified to hold any remunerative political
    post for duration of the period commencing from the
    date of his disqualification till the date on which the
    term of his office as such member would expire or till the
    date on which he contests an election to a House and is
    declared elected, whichever is earlier.
    Explanation.—For the purposes of this article,—
    (a) the expression “House” has the meaning
    assigned to it in clause (a) of paragraph 1 of the
    Tenth Schedule;
    Protection of
    publication of
    proceedings of
    Parliament and
    State Legislatures.
    Disqualification
    for appointment
    on remunerative
    political post.
    1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 42 (w.e.f.
    20-6-1979).
    2Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 4.
    THE CONSTITUTION OF INDIA
    (Part XIX.—Miscellaneous.—Arts. 361—361B.)
    232
    (b) the expression “remunerative political post”
    means any office—
    (i) under the Government of India or the
    Government of a State where the salary or
    remuneration for such office is paid out of the
    public revenue of the Government of India or
    the Government of the State, as the case may be;
    or
    (ii) under a body, whether incorporated or
    not, which is wholly or partially owned by the
    Government of India or the Government of a
    State and the salary or remuneration for such
    office is paid by such body,
    except where such salary or remuneration paid is
    compensatory in nature.
  340. [Rights and privileges of Rulers of Indian States.]
    Rep. by the Constitution (Twenty-sixth Amendment) Act,
    1971, s. 2.
  341. (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 of the Dominion of India or any of its
    predecessor Governments 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.
    Bar to interference
    by courts in
    disputes arising
    out of certain
    treaties,
    agreements, etc.
    THE CONSTITUTION OF INDIA
    (Part XIX.—Miscellaneous.—Arts. 361B—363.)
    233
    1[363A. 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 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 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.]
  342. (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 enactments relating to airways,
    aircraft and air navigation.
    Recognition
    granted to Rulers
    of Indian States
    to cease and
    privy purses to
    be abolished.
    1Ins. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 3.
    Special provisions
    as to major ports
    and aerodromes.
    THE CONSTITUTION OF INDIA
    (Part XIX.—Miscellaneous.—Arts. 363A-364.)
    234
  343. 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 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.
  344. In this Constitution, unless the context otherwise
    requires, the following expressions have 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;
    1* * * *
    (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
    Effect of failure
    to comply with,
    or to give effect
    to, directions
    given by the
    Union.
    Definitions.
    THE CONSTITUTION OF INDIA
    (Part XIX.—Miscellaneous.—Arts. 365-366.)
    235
    1Cl. (4A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54
    (w.e.f. 1-2-1977) and omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 11
    (w.e.f. 13-4-1978).
    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 annuities
    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
    THE CONSTITUTION OF INDIA
    (Part XIX.—Miscellaneous.—Art. 366.)
    236
    (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;
    1* * * * * *
    2[(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 castes, races
    or tribes or parts of or groups within such castes,
    1Cl. (21) omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    2Subs. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 4, for cl. (22).
    THE CONSTITUTION OF INDIA
    (Part XIX.—Miscellaneous.—Art. 366.)
    237
    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;
    1* * * * * *
    (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;
    2[(29A) “tax on the sale or purchase of goods”
    includes—
    (a) a tax on the transfer, otherwise than in
    pursuance of a contract, 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)
    involved in the execution of a works contract;
    (c) a tax on the delivery of goods on hirepurchase
    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;
    1Cl. (26A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54
    (w.e.f. 1-2-1977) and omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 11
    (w.e.f. 13-4-1978).
    2Ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 4.
    THE CONSTITUTION OF INDIA
    (Part XIX.—Miscellaneous.—Art. 366.)
    238
    (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;]
    1[(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.]
  345. (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 2, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor 3,
    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 order4 declare
    any State not to be a foreign State for such purposes as
    may be specified in the order.
    Interpretation.
    1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for cl. (30).
    2The words and letters “specified in Part A or Part B of the First Schedule” omitted by
    s. 29 and Sch., ibid.
    3The words “or Rajpramukh “ omitted by s. 29 and Sch., ibid.
    4See the Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2).
    THE CONSTITUTION OF INDIA
    (Part XIX.—Miscellaneous.—Arts. 366-367.)
    239
    PART XX
    AMENDMENT OF THE CONSTITUTION
  346. 2[(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.]
    3[(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 and by a majority of not less than two-thirds
    of the members of that House present and voting, 4[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
    Legislatures of not less than one-half of the States 5*** by
    resolutions to that effect passed by those Legislatures
    240
    1[Power of
    Parliament to
    amend the
    Constitution and
    procedure
    therefor.]
    1Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3, for “Procedure
    for the amendment of the Constitution”.
    2Ins. by s. 3, ibid.
    3Art. 368 renumbered as cl. (2) thereof by s. 3, ibid.
    4Subs. by s. 3, ibid., for “it shall be presented to the President for his assent and upon
    such assent being given to the Bill,”.
    5The words and letters “specified in Parts A and B of the First Schedule” omitted by the
    Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    before the Bill making provision for such amendment is
    presented to the President for assent.
    1[(3) Nothing in article 13 shall apply to any
    amendment made under this article.]
    2[(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 (Fortysecond
    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.]
    1Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3.
    2Cls. (4) and (5) were ins. in article 368 by s. 55 of the Constitution (Forty-second
    Amendment) Act, 1976. This section has been declared invalid by the Supreme Court in
    Minerva Mills Ltd. and Others Vs. Union of India and Others (1980) 2 S.C.C. 591.
    THE CONSTITUTION OF INDIA
    (Part XX.—Amendment of the Constitution.—Art. 368.)
    241
    PART XXI
    1[TEMPORARY, TRANSITIONAL
    AND SPECIAL PROVISIONS]
  347. 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
    the production, supply and distribution of, cotton
    and woollen textiles, raw cotton (including ginned
    cotton and unginned cotton or kapas), cotton
    seed, paper (including newsprint), food-stuffs
    (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.
    242
    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.
    1Subs. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2, for “TEMPORARY
    AND TRANSITIONAL PROVISIONS” (w.e.f. 1-12-1963).
    1[370. (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
    Maharaja’s Proclamation dated the fifth day of March,
    1948;
    (c) the provisions of article 1 and of this article
    shall apply in relation to that State;
    (d) such of the other provisions of this Constitution
    shall apply in relation to that State subject to such
    Temporary
    provisions with
    respect to the State
    of Jammu and
    Kashmir.
    1In exercise of the powers conferred by this article the President, on the recommendation
    of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the
    17th day of November, 1952, the said art. 370 shall be operative with the modification that
    for the Explanation in cl. (1) thereof, the following Explanation is substituted, namely:—
    “Explanation.—For the purposes of this article, the Government of the State means
    the person for the time being recognised by the President on the recommendation of the
    Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir,
    acting on the advice of the Council of Ministers of the State for the time being in office.”.
    (Ministry of Law Order No. C.O. 44, dated the 15th November, 1952).
    *Now “Governor”.
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 370.)
    243
    exceptions and modifications as the President may
    by order1 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.
    2[371. 3* * * *
    (2) Notwithstanding anything in this Constitution,
    the President may by order made with respect to 5[the
    1See the Constitution (Application to Jammu and Kashmir) Order, 1954 (C.O. 48) as
    amended from time to time, in Appendix I.
    2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22, for art. 371.
    3Cl. (1) omitted by the Constitution (Thirty-second Amendment) Act, 1973, s. 2, (w.e.f.
    1-7-1974).
    4The words “Andhra Pradesh,” omitted by s. 2, ibid. (w.e.f. 1-7-1974).
    5Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for “the State of
    Bombay” (w.e.f. 1-5-1960).
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Arts. 370-371.)
    244
    Special provision
    with respect to
    the States of 4***
    Maharashtra and
    Gujarat.
    State of Maharashtra or Gujarat], provide for any special
    responsibility of the Governor for—
    (a) the establishment of separate development
    boards for Vidarbha, Marathwada, 1[and the rest of
    Maharashtra or, as the case may be,] Saurashtra,
    Kutch and the rest of Gujarat with the provision that
    a report on the working of each 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 services under the control of the State Government,
    in respect of all the said areas, subject to the
    requirements of the State as a whole.]
    2[371A. (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
    Special provision
    with respect to the
    State of Nagaland.
    1Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for “the rest of
    Maharashtra,” (w.e.f. 1-5-1960).
    2Ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2 (w.e.f. 1-12-1963).
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Arts. 371-371A.)
    245
    State of Nagaland for so long as in his opinion internal
    disturbances occurring in the Naga Hills-Tuensang
    Area immediately before the formation of that State
    continue therein or in any part thereof and in the
    discharge of his functions in relation thereto the
    Governor shall, after consulting the Council of
    Ministers, exercise his individual judgment as to the
    action to be taken:
    Provided that if any question arises whether any
    matter is or is not a matter as respects which the
    Governor is under this sub-clause required to act in
    the exercise of his individual judgment, the decision
    of the Governor in his discretion shall be final, and
    the validity of anything done by the Governor shall
    not be called in question on the ground that he ought
    or ought not to have acted in the exercise of his
    individual judgment:
    Provided further that if the President on receipt of
    a report from the Governor or otherwise is satisfied
    that it is no longer necessary for the Governor to
    have special responsibility with respect to law and
    order in the State of Nagaland, he may by order
    direct that the Governor shall cease to have such
    responsibility with effect from such date as may be
    specified in the order;
    (c) in making his recommendation with respect to
    any demand for a grant, the Governor of Nagaland
    shall ensure that any money provided by the
    Government of India out of the Consolidated Fund of
    India for any specific service or purpose is included
    in the demand for a grant relating to that service or
    purpose and not in any other demand;
    (d) as from such date as the Governor of
    Nagaland may by public notification in this behalf
    specify, there shall be established a regional council
    for the Tuensang district consisting of thirty-five
    members and the Governor shall in his discretion
    make rules providing for—
    (i) the composition of the regional council and
    the manner in which the members of the regional
    council shall be chosen:
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371A.)
    246
    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;
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371A.)
    247
    (c) no Act of the Legislature of Nagaland shall
    apply to 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 aforesaid1;
    (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;
    1Paragraph 2 of the Constitution (Removal of Difficulties) Order No. X provides (w.e.f.
    1-12-1963) that article 371A of the Constitution of India Shall have effect as if the following
    Proviso were added to paragraph (i) of sub-clause (e) of clause (2) thereof, namely:—
    “Provided that the Governor may, on the advice of the Chief Minister, appoint any
    person as Minister for Tuensang affairs to act as such until such time as persons are
    chosen in accordance with law to fill the seats allocated to the Tuensang district in the
    Legislative Assembly of Nagaland.”.
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371A.)
    248
    (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 word “forty-six” had been
    substituted;
    (ii) in the said clause, the reference to direct
    election from territorial constituencies in the State
    shall include election by the members of the
    regional council established under this article;
    (iii) in clauses (2) and (3), references to
    territorial constituencies shall mean references to
    territorial constituencies in the Kohima and
    Mokokchung districts.
    (3) If any difficulty arises in giving effect to any of
    the foregoing provisions of this article, the President may
    by order do anything (including any adaptation or
    modification of any other article) which appears to him
    to be necessary for the purpose of removing that
    difficulty:
    Provided that no such order shall be made after the
    expiration of three years from the date of the formation
    of the State of Nagaland.
    Explanation.—In this article, the Kohima,
    Mokokchung and Tuensang districts shall have the same
    meanings as in the State of Nagaland Act, 1962.]
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371A.)
    249
    1[371B. 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 2[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.]
    3[371C. (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.]
    Special provision
    with respect to
    the State of
    Assam.
    Special provision
    with respect to
    the State of
    Manipur.
    1Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4.
    2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
    “Part A” (w.e.f. 21-1-1972).
    3Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5 (w.e.f.
    15-2-1972).
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Arts. 371B-371C.)
    250
    Special provisions
    with respect to the
    State of Andhra
    Pradesh.
    1[371D. (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 the 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
    class or classes of civil posts under, the State into
    different local cadres for different parts of the State
    and allot in accordance with such principles and
    procedure as may be specified in the order the
    persons holding such posts 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;
    1 Ins. by the Constitution (Thirty-second Amendment) Act, 1973, s. 3 (w.e.f. 1-7-1974).
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371D.)
    251
    (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 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.
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371D.)
    252
    (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 to 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.
    1(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
    1In P. Sambamurthy and others vs. State of Andhara Pradesh and another (1987) 1 SCC,
    p. 362, the Supreme Court declared cl. (5) of art. 371D along with the proviso to be
    unconstitutional and void.
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371D.)
    253
    therein, modify or annul any order of the Administrative
    Tribunal before it becomes effective and in such a case,
    the order of the Administrative Tribunal shall have effect
    only in such modified form or be of no effect, as the case
    may be.
    (6) Every special order made by the State Government
    under the proviso to clause (5) shall be laid, as soon as
    may be after it is made, before both Houses of the State
    Legislature.
    (7) The High Court for the State shall not have any
    powers of superintendence over the Administrative
    Tribunal and no court (other than the Supreme Court) or
    tribunal shall exercise any jurisdiction, power or authority
    in respect of any matter subject to the jurisdiction, power
    or authority of, or in relation to, the Administrative
    Tribunal.
    (8) If the President is satisfied that the continued
    existence of the Administrative Tribunal is not necessary,
    the President may by order abolish the Administrative
    Tribunal and make such provisions in such order as he
    may deem fit for the transfer and disposal of cases
    pending before the Tribunal immediately before such
    abolition.
    (9) Notwithstanding any judgment, decree or order
    of any court, tribunal or other authority,—
    (a) no appointment, posting, promotion or transfer
    of any person—
    (i) made before the 1st day of November, 1956,
    to any post under the Government of, or any local
    authority within, the State of Hyderabad as it
    existed before that date; or
    (ii) made before the commencement of the
    Constitution (Thirty-second Amendment) Act,
    1973, to any post under the Government of, or
    any local or other authority within, the State of
    Andhra Pradesh; and
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371D.)
    254
    (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. Parliament may by law provide for the
    establishment of a University in the State of Andhra
    Pradesh.]
    1[371F. 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;
    Establishment of
    Central University
    in Andhra Pradesh.
    Special provisions
    with respect to the
    State of Sikkim.
    1Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 3 (w.e.f. 26-4-1975).
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Arts. 371D—371F.)
    255
    (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 1[five years],
    in clause (1) of article 172 shall be construed as
    references to a period of 2[four years] and the said
    period of 2[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
    1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for “six years”
    (w.e.f. 6-9-1979). The words “six years” were subs. for the original words “five years” by the
    Constitution (Forty-second Amendment) Act, 1976, s. 56 (w.e.f. 3-1-1977).
    2Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for “five years”
    (w.e.f. 6-9-1979). The words “five years” were subs. for the original words “four years” by
    the Constitution (Forty-second Amendment) Act, 1976, s. 56 (w.e.f. 3-1-1977).
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371F.)
    256
    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;
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371F.)
    257
    (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 order1, 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;
    1See the Constitution (Removal of Difficulties) Order No. XI (C.O. 99).
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 371F.)
    258
    (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, receives the assent of the
    President shall, in so far as they are in conformity
    with the provisions of this Constitution as amended
    by 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.]
    1[371G. Notwithstanding anything in this
    Constitution,—
    (a) no Act of Parliament 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.]
    2[371H. Notwithstanding anything in this
    Constitution,—
    (a) the Governor of Arunachal Pradesh shall have
    special responsibility with respect to law and order
    Special provision
    with respect to the
    State of Mizoram.
    Special provision
    with respect to the
    State of Arunachal
    Pradesh.
    1Ins. by the Constitution (Fifty-third Amendment) Act, 1986, s. 2 (w.e.f. 20-2-1987).
    2Ins. by the Constitution (Fifty-fifth Amendment) Act, 1986, s. 2 (w.e.f. 20-2-1987).
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Arts. 371F—371H.)
    259
    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.]
    1[371-I. Notwithstanding anything in this
    Constitution, the Legislative Assembly of the State of Goa
    shall consist of not less than thirty members.]
  348. (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 law 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 brining the provisions of any
    law in force in the territory of India into accord with the
    Special provision
    with respect to the
    State of Goa.
    Continuance in
    force of existing
    laws and their
    adaptation.
    1Ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, s. 2 (w.e.f. 30-5-1987).
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Arts. 371H—372.)
    260
    provisions of this Constitution, the President may by
    order1 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 2[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, contiue to
    have such extra-territorial effect.
    1See the Adaptation of Laws Order, 1950, dated the 26th January, 1950, Gazette of
    India, Extraordinary, p. 449, as amended by Notification No. S.R.O. 115, dated the 5th June,
    1950, Gazette of India, Extraordinary, Part II, Section 3, p. 51, Notification No. S.R.O. 870,
    dated the 4th November, 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 903,
    Notification No. S.R.O. 508, dated the 4th April, 1951, Gazette of India, Extraordinary, Part
    II, Section 3, p. 287, Notification No. S.R.O. 1140B, dated 2nd July, 1952, Gazette of India,
    Extraordinary, Part II, Section 3, p. 616/I; and the Adaptation of the Travancore-Cochin
    Land Acquisition Laws Order, 1952, dated the 20th November, 1952, Gazette of India,
    Extraordinary, Part II, Section 3, p. 923.
    2Subs. by the Constitution (First Amendment) Act, 1951, s. 12, for “two years”.
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 372.)
    261
    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.
    1[372A. (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 order2 made before the
    first 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.]
  349. 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
    Power of the
    President to
    adapt laws.
    1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 23.
    2See the Adaptation of Laws Orders of 1956 and 1957.
    Power of President
    to make order in
    respect of persons
    under preventive
    detention in certain
    cases.
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Arts. 372—373.)
    262
    were substituted a reference to the President and for any
    reference to any law made by Parliament in those clauses
    there were substituted a reference to an order made by
    the President.
  350. (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 stand removed
    to the Supreme Court, and the Supreme Court shall have
    jurisdiction to hear and determine the same, and the
    judgments and orders of the Federal Court delivered or
    made before the commencement of this Constitution shall
    have the same force and effect as if they had been
    delivered or made by the Supreme Court.
    (3) Nothing in this Constitution shall operate to
    invalidate the exercise of jurisdiction by His Majesty in
    Council to dispose of appeals and petitions from, or in
    respect of, any judgment, decree or order of any court
    within the territory of India in so far as the exercise of
    such jurisdiction is 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
    Provisions as to
    Judges of the
    Federal Court and
    proceedings
    pending in the
    Federal Court or
    before His Majesty
    in Council.
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 373-374.)
    263
    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.
  351. 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.
  352. (1) Notwithstanding anything in 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. 1[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.
    Courts, authorities
    and officers to
    continue to
    function subject to
    the provisions of
    the Constitution.
    Provisions as to
    Judges of High
    Courts.
    1Added by the by the Constitution (First Amendment) Act, 1951, s. 13.
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Arts. 374—376.)
    264
    (3) In this article, the expression “Judge” does not
    include an acting Judge or an additional Judge.
  353. 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.
  354. (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.
    Provisions as to
    Comptroller and
    Auditor-General
    of India.
    Provisions as to
    Public Service
    Commissions.
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 376—378.)
    265
    1[378A. 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. Rep. by the Constitution (Seventh Amendment)
    Act, 1956, s. 29 and Sch.
  355. (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.
    Special provision
    as to duration of
    Andhra Pradesh
    Legislative
    Assembly.
    Power of the
    President to
    remove difficulties.
    1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 24.
    THE CONSTITUTION OF INDIA
    (Part XXI.—Temporary, Transitional and Special
    Provisions.—Art. 378A—392.)
    266
    PART XXII
    SHORT TITLE, COMMENCEMENT 1[, AUTHORITATIVE
    TEXT IN HINDI] AND REPEALS
  356. This Constitution may be called the Constitution
    of India.
  357. 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.
    2[394A. (1) The President shall cause to be published
    under his authority,—
    (a) the translation of this Constitution in the Hindi
    language, signed by the members of the Constituent
    Assembly, with such modifications as may be
    necessary to bring it in conformity with the language,
    style and terminology adopted in the authoritative
    texts of Central Acts in the Hindi language, and
    incorporating therein all the amendments of this
    Constitution made before such publication; and
    (b) the translation in the Hindi language of every
    amendment of this Constitution made in the English
    language.
    (2) The translation of this Constitution and of every
    amendment thereof published under clause (1) shall be
    construed to have the same meaning as the original
    thereof and if any difficulty arises in so construing any
    part of such translation, the President shall cause the
    same to be revised suitably.
    (3) The translation of this Constitution and of every
    amendment thereof published under this article shall be
    267
    Short title.
    Commencement.
    Authoritative text
    in the Hindi
    language.
    1Ins. by the Constitution (Fifty-eighth Amendment) Act, 1987, s. 2.
    2Ins. by s. 3, ibid.
    deemed to be, for all purposes, the authoritative text
    thereof in the Hindi language.]
  358. The Indian Independence Act, 1947, and the
    Government of India Act, 1935, together with all
    enactments amending or supplementing the latter Act,
    but not including the Abolition of Privy Council
    Jurisdiction Act, 1949, are hereby repealed.
    Repeals.
    THE CONSTITUTION OF INDIA
    (Part XXII.—Short Title, Commencement, Authoritative
    Text in Hindi and Repeals.—Arts. 394A-395.)
    268

Enter your email address: कृपया अपने ई-मेल इनबॉक्स मे वेरिफ़िकेशन लिंक पर क्लिक करें और सब्सक्रिप्शन को वेरीफाई भी अवश्य करें

कृपया अपने ई-मेल इनबॉक्स मे वेरिफ़िकेशन लिंक पर क्लिक करें और सब्सक्रिप्शन को वेरीफाई करें