Updated: Wednesday August 07, 2019/AlArbia'a
Thoul Hijjah 06, 1440/Budhavara
Sravana 16, 1941, at 05:46:17 PM
Central Government Act
The Constitution of
THE CONSTITUTION OF
Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to
constitute
JUSTICE, social, economic and political;
EQUALITY of status and of opportunity; and to promote
among them all
FRATERNITY assuring the dignity of the individual and
the unity and integrity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of
November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION
PART I
THE
1. Name
and territory of the
(1)
(2) The
States and the territories thereof shall be as specified in the First Schedule
(3) The
1. The
territories of the States; the Union territories specified in the First
Schedule; and such other territories as may be acquired
2. Admission
or establishment of new States: Parliament may by law admit into the
2A.
3. Formation
of new States and alteration of areas, boundaries or names of existing States:
Parliament may by law
(a) form
a new State by separation of territory from any State or by uniting two or more
States or parts of States or by uniting any territory to a part of any State;
(b) increase
the area of any State;
(c) diminish
the area of any State;
(d) alter
the boundaries of any State;
(e) alter
the name of any State;
Provided that no Bill for the purpose shall be introduced
in either House of Parliament except on the recommendation of the President and
unless, where the proposal contained in the Bill affects the area, boundaries
or name of any of the States, the Bill has been referred by the President to
the Legislature of that State for expressing its views thereon within such
period as may be specified in the reference or within such further period as
the President may allow and the period so specified or allowed has expired
Explanation I In this article, in clauses (a) to (e), State includes a Union
territory, but in the proviso, State does not include a Union territory
Explanation II The power conferred on Parliament by clause (a) includes the
power to form a new State or Union territory by uniting a part of any State or
Union territory to any other State or Union territory
4. Laws
made under Articles 2 and 3 to provide for the amendment of the First and the
Fourth Schedules and supplemental, incidental and consequential matters
(1) Any
law referred to in Article 2 or Article 3 shall contain such provisions for the
amendment of the First Schedule and the Fourth Schedule as may be necessary to
give effect to the provisions of the law and may also contain such
supplemental, incidental and consequential provisions (including provisions as
to representation in Parliament and in the Legislature or Legislatures of the
State or States affected by such law) as Parliament may deem necessary
(2) No
such law as aforesaid shall be deemed to be an amendment of this Constitution
for the purposes of Article 368 PART II C ITIZENSHIP
5. Citizenship
at the commencement of the Constitution At the commencement of this
Constitution every person who has his domicile in the
(a) who
was born in the
(b) either
of whose parents was born in the
(c) who
has been ordinarily resident in the
6. Rights
of citizenship of certain persons who have migrated to India from Pakistan
Notwithstanding anything in Article 5, a person who has migrated to the
territory of India from the territory now included in Pakistan shall be deemed
to be a citizen of India at the commencement of this Constitution if
(a) he
or either of his parents or any of his grand parents was born in India as
defined in the Government of India Act, 1935 (as originally enacted); and
(i) in
the case where such person has so migrated before the nineteenth day of July,
1948 , he has been ordinarily resident in the
(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
7. Rights
of citizenship of certain migrants to Pakistan Notwithstanding anything in
Articles 5 and 6, a person who has after the first day of March, 1947, migrated
from the territory of India to the territory now included in Pakistan shall not
be deemed to be a citizen of India:---
Provided that nothing in this article shall apply to a
person who, after having so migrated to the territory now included in Pakistan,
has returned to the territory of India under a permit for resettlement or
permanent return issued by or under the authority of any law and every such
person shall for the purposes of clause (b) of Article 6 be deemed to have
migrated to the territory of India after the nineteenth day of July, 1948
8. Rights
of citizenship of certain persons of India origin residing outside India
Notwithstanding anything in Article 5, any person who or either of whose
parents or any of whose grand parents was born in India as defined in the
Government of India Act, 1935 (as originally enacted), and who is ordinarily
residing in any country outside India as so defined shall be deemed to be a
citizen of India if he has been registered as a citizen of India by the
diplomatic or consular representative of India in the country where he is for
the time being residing on an application made by him therefor to such
diplomatic or consular representative, whether before or after the commencement
of this Constitution, in the form and manner prescribed by the Government of
the Dominion of India or the Government of India
9. Person
voluntarily acquiring citizenship of a foreign State not to be citizens No
person shall be a citizen of India by virtue of Article 5, or be deemed to be a
citizen of India by virtue of Article 6 or Article 8, if he has voluntarily
acquired the citizenship of any foreign State
10. Continuance
of the rights of citizenship Every person who is or is deemed to be a citizen
of India under any of the foregoing provisions of this Part shall, subject to
the provisions of any law that may be made by Parliament, continue to be such
citizen
11. Parliament
to regulate the right of citizenship by law Nothing in the foregoing provisions
of this Part shall derogate from the power of Parliament to make any provision
with respect to the acquisition and termination of citizenship and all other
matters relating to citizenship PART III FUNDAMENTAL RIGHTS General
12. Definition
In this part, unless the context otherwise requires, the State includes the
Government and Parliament of India and the Government and the Legislature of
each of the States and all local or other authorities within the territory of
India or under the control of the Government of India
13. Laws
inconsistent with or in derogation of the fundamental rights
(1) All
laws in force in the
(2) The
State shall not make any law which takes away or abridges the rights conferred
by this Part and any law made in contravention of this clause shall, to the
extent of the contravention, be void
(3) In
this article, unless the context otherwise requires law includes any Ordinance,
order, bye law, rule, regulation, notification, custom or usages having in the
territory of India the force of law; laws in force includes laws passed or made
by Legislature or other competent authority in the territory of India before
the commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in
operation either at all or in particular areas
(4) Nothing
in this article shall apply to any amendment of this Constitution made under
Article 368 Right of Equality
14. Equality
before law The State shall not deny to any person equality before the law or
the equal protection of the laws within the
15. Prohibition
of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The
State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them
(2) No
citizen shall, on grounds only of religion, race, caste, sex, place of birth or
any of them, be subject to any disability, liability, restriction or condition
with regard to
(a) access
to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the
use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of the
general public
(3) Nothing
in this article shall prevent the State from making any special provision for
women and children
(4) Nothing
in this article or in clause ( 2 ) of Article 29 shall prevent the State from
making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and the
Scheduled Tribes
16. Equality
of opportunity in matters of public employment
(1) There
shall be equality of opportunity for all citizens in matters relating to employment
or appointment to any office under the State
(2) No
citizen shall, on grounds only of religion, race, caste, sex, descent, place of
birth, residence or any of them, be ineligible for, or discriminated against in
respect or, any employment or office under the State
(3) Nothing
in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office under
the Government of, or any local or other authority within, a State or Union
territory, any requirement as to residence within that State or Union territory
prior to such employment or appointment
(4) Nothing
in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favor of any backward class of citizens
which, in the opinion of the State, is not adequately represented in the
services under the State
(5) Nothing
in this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or
denominational institution or any member of the governing body thereof shall be
a person professing a particular religion or belonging to a particular
denomination
17. Abolition
of Untouchability Untouchability is abolished and its practice in any form is
forbidden The enforcement of any disability arising out of Untouchability shall
be an offence punishable in accordance with law
18. Abolition
of titles No title, not being a military or academic distinction, shall be
conferred by the State No citizen of India shall accept any title from any
foreign State No person who is not a citizen of India shall, while he holds any
office of profit or trust under the State, accept without the consent of the
President any title from any foreign State No person holding any office of
profit or trust under the State shall, without the consent of the President,
accept any present, emolument, or office of any kind from or under any foreign
State Right to Freedom
19. Protection
of certain rights regarding freedom of speech etc
(1) All
citizens shall have the right
(a) to
freedom of speech and expression;
(b) to
assemble peaceably and without arms;
(c) to
form associations or unions;
(d) to
move freely throughout the
(e) to
reside and settle in any part of the
(f) omitted
(g) to
practise any profession, or to carry on any occupation, trade or business
(2) Nothing
in sub clause (a) of clause ( 1 ) shall affect the operation of any existing
law, or prevent the State from making any law, in so far as such law imposes
reasonable restrictions on the exercise of the right conferred by the said sub
clause in the interests of the sovereignty and integrity of India, the security
of the State, friendly relations with foreign States, public order, decency or
morality or in relation to contempt of court, defamation or incitement to an
offence
(3) Nothing
in sub clause (b) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing,
in the interests of the sovereignty and integrity of India or public order,
reasonable restrictions on the exercise of the right conferred by the said sub
clause
(4) Nothing
in sub clause (c) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing,
in the interests of the sovereignty and integrity of India or public order or
morality, reasonable restrictions on the exercise of the right conferred by the
said sub clause
(5) Nothing
in sub clauses (d) and (e) of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law
imposing, reasonable restrictions on the exercise of any of the rights
conferred by the said sub clauses either in the interests of the general public
or for the protection of the interests of any Scheduled Tribe
(6) Nothing
in sub clause (g) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing,
in the interests of the general public, reasonable restrictions on the exercise
of the right conferred by the said sub clause, and, in particular, nothing in
the said sub clause shall affect the operation of any existing law in so far as
it relates to, or prevent the State from making any law relating to,
(i) the
professional or technical qualifications necessary for practising any
profession or carrying on any occupation, trade or business, or
(ii) the
carrying on by the State, or by a corporation owned or controlled by the State,
of any trade, business, industry or service, whether to the exclusion, complete
or partial, of citizens or otherwise
20. Protection
in respect of conviction for offences
(1) No
person shall be convicted of any offence except for violation of the law in
force at the time of the commission of the act charged as an offence, nor be
subjected to a penalty greater than that which might have been inflicted under
the law in force at the time of the commission of the offence
(2) No
person shall be prosecuted and punished for the same offence more than once
(3) No
person accused of any offence shall be compelled to be a witness against
himself
21. Protection
of life and personal liberty No person shall be deprived of his life or
personal liberty except according to procedure established by law
22. Protection
against arrest and detention in certain cases
(1) No
person who is arrested shall be detained in custody without being informed, as
soon as may be, of the grounds for such arrest nor shall he be denied the right
to consult, and to be defended by, a legal practitioner of his choice
(2) Every
person who is arrested and detained in custody shall be produced before the
nearest magistrate within a period of twenty four hours of such arrest
excluding the time necessary for the journey from the place of arrest to the
court of the magistrate and no such person shall be detained in custody beyond
the said period without the authority of a magistrate
(3) Nothing
in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being
is an enemy alien; or (b) to any person who is arrested or detained under any
law providing for preventive detention
(4) No
law providing for preventive detention shall authorise the detention of a
person for a longer period than three months unless (a) an Advisory Board
consisting of persons who are, or have been, or are qualified to be appointed
as, Judges of a High Court has reported before the expiration of the said period
of three months that there is in its opinion sufficient cause for such
detention:
(5) When
any person is detained in pursuance of an order made under any law providing
for preventive detention, the authority making the order shall, as soon as may
be, communicate to such person the grounds on which the order has been made and
shall afford him the earliest opportunity of making a representation against
the order
(6) Nothing
in clause ( 5 ) shall require the authority making any such order as is
referred to in that clause to disclose facts which such authority considers to
be against the public interest to disclose
(7) Parliament
may by law prescribe
(a) the
circumstances under which, and the class or classes of cases in which, a person
may be detained for a period longer than three months under any law providing
for preventive detention without obtaining the opinion of an Advisory Board in
accordance with the provisions of sub clause (a) of clause ( 4 );
(b) the
maximum period for which any person may in any class or classes of cases be
detained under any law providing for preventive detention; and
(c) the
procedure to be followed by an Advisory Board in an inquiry under sub clause
(a) of clause ( 4 ) Right against Exploitation
23. Prohibition
of traffic in human beings and forced labour
(1) Traffic
in human beings and begar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence
punishable in accordance with law
(2) Nothing
in this article shall prevent the State from imposing compulsory service for
public purpose, and in imposing such service the State shall not make any
discrimination on grounds only of religion, race, caste or class or any of them
24. Prohibition
of employment of children in factories, etc No child below the age of fourteen
years shall be employed to work in any factory or mine or engaged in any other
hazardous employment:---
Provided that nothing in this sub clause shall
authorise the detention of any person beyond the maximum period prescribed by
any law made by Parliament under sub clause (b) of clause ( 7 ); or such person
is detained in accordance with the provisions of any law made by Parliament
under sub clauses (a) and (b) of clause ( 7 )
25. Freedom
of conscience and free profession, practice and propagation of religion
(1) Subject
to public order, morality and health and to the other provisions of this Part,
all persons are equally entitled to freedom of conscience and the right freely
to profess, practise and propagate religion
(2) Nothing
in this article shall affect the operation of any existing law or prevent the
State from making any law
(a) regulating
or restricting any economic, financial, political or other secular activity
which may be associated with religious practice;
(b) providing
for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus
Explanation I The wearing and carrying of kirpans shall be deemed to be
included in the profession of the Sikh religion Explanation II In sub clause
(b) of clause reference to Hindus shall be construed as including a reference
to persons professing the Sikh, Jaina or Buddhist religion, and the reference
to Hindu religious institutions shall be construed accordingly
26. Freedom
to manage religious affairs Subject to public order, morality and health, every
religious denomination or any section thereof shall have the right
(a) to
establish and maintain institutions for religious and charitable purposes;
(b) to
manage its own affairs in matters of religion;
(c) to
own and acquire movable and immovable property; and
(d) to
administer such property in accordance with law
27. Freedom
as to payment of taxes for promotion of any particular religion No person shall
be compelled to pay any taxes, the proceeds of which are specifically
appropriated in payment of expenses for the promotion or maintenance of any
particular religion or religions denomination
28. Freedom
as to attendance at religious instruction or religious worship in certain
educational institutions
(1) No
religion instruction shall be provided in any educational institution wholly
maintained out of State funds
(2) Nothing
in clause ( 1 ) shall apply to an educational institution which is administered
by the State but has been established under any endowment or trust which
requires that religious instruction shall be imparted in such institution
(3) No
person attending any educational institution recognised by the State or
receiving aid out of State funds shall be required to take part in any
religious instruction that may be imparted in such institution or to attend any
religious worship that may be conducted in such institution or in any premises
attached thereto unless such person or, if such person is a minor, his guardian
has given his consent thereto Cultural and Educational Rights
29. Protection
of interests of minorities
(1) Any
section of the citizens residing in the
(2) No
citizen shall be denied admission into any educational institution maintained
by the State or receiving aid out of State funds on grounds only of religion,
race, caste, language or any of them
30. Right
of minorities to establish and administer educational institutions
(1) All
minorities, whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice
(1A) In
making any law providing for the compulsory acquisition of any property of an
educational institution established and administered by a minority, referred to
in clause ( 1 ), the State shall ensure that the amount fixed by or determined
under such law for the acquisition of such property is such as would not
restrict or abrogate the right guaranteed under that clause
(2) The
state shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the
management of a minority, whether based on religion or language
31A. Saving
of laws providing for acquisition of estates, etc ( 1 ) Notwithstanding
anything contained in Article 13, no law providing for
(a) the
acquisition by the State of any estate or of any rights therein or the
extinguishment or modification of any such rights, or
(b) the
taking over of the management of any property by the State for a limited period
either in the public interest or in order to secure the proper management of
the property, or
(c) the
amalgamation of two or more corporations either in the public interest or in
order to secure the proper management of any of the corporations, or
(d) the
extinguishment or modification of any rights of managing agents, secretaries
and treasurers, managing directors, directors or managers of corporations, or
of any voting rights of shareholders thereof, or
(e) the
extinguishment or modification of any rights accruing by virtue of any
agreement, lease or licence for the purpose of searching for, or winning, any
mineral or mineral oil, or the premature termination or cancellation of any
such agreement, lease or licence, shall be deemed to be void on the ground that
it is inconsistent with, or takes away or abridges any of the rights conferred
by Article 14 or Article 19:---
Provided that where such law is a law made by the
Legislature of a State, the provisions of this article shall not apply thereto
unless such law, having been reserved for the consideration of the President,
has received his assent:---
Provided further that where any law makes any
provision for the acquisition by the State of any estate and where any land
comprised therein is held by a person under his personal cultivation, it shall
not be lawful for the State to acquire any portion of such land as is within
the ceiling limit applicable to him under any law for the time being in force
or any building or structure standing thereon or appurtenant thereto, unless
the law relating to the acquisition of such land, building or structure,
provides for payment of compensation at a rate which shall not be less than the
market value thereof
31B. Validation
of certain Acts and Regulations Without prejudice to the generality of the
provisions contained in Article 31A, none of the Acts and Regulations specified
in the Ninth Schedule nor any of the provisions thereof shall be deemed to be
void, or ever to have become void, on the ground that such Act, Regulation or
provision is inconsistent with, or takes away or abridges any of the rights
conferred by, any provisions of this Part, and notwithstanding any judgment,
decree or order of any court or tribunal to the contrary, each of the said Acts
and Regulations shall, subject to the power of any competent Legislature to
repeal or amend it, continue in force
31C. Saving
of laws giving effect to certain directive principles Notwithstanding anything
contained in Article 13, no law giving effect to the policy of the State
towards securing all or any of the principles laid down in Part IV shall be
deemed to be void on the ground that it is inconsistent with, or takes away or
abridges any of the rights conferred by Article 14 or Article 19 and no law
containing a declaration that it is for giving effect to such policy shall be
called in question in any court on the ground that it does not give effect to
such policy:---
Provided that where such law is made by the
Legislature of a State, the provisions of this Article shall not apply thereto
unless such law, having been reserved for the consideration of the President,
has received his assent Right to Constitutional Remedies
32. Remedies
for enforcement of rights conferred by this Part
(1) The
right to move the Supreme Court by appropriate proceedings for the enforcement
of the rights conferred by this Part is guaranteed
(2) The
Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, whichever may be appropriate, for the enforcement of
any of the rights conferred by this Part
(3) Without
prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2
), Parliament may by law empower any other court to exercise within the local
limits of its jurisdiction all or any of the powers exercisable by the Supreme
Court under clause ( 2 )
(4) The
right guaranteed by this article shall not be suspended except as otherwise
provided for by this Constitution
33. Power
of Parliament to modify the rights conferred by this Part in their application
etc Parliament may, by law, determine to what extent any of the rights
conferred by this Part shall, in their application to,
(a) the
members of the Armed Forces; or
(b) the
members of the Forces charged with the maintenance of public order; or
(c) persons
employed in any bureau or other organisation established by the State for
purposes of intelligence or counter intelligence; or
(d) persons
employed in, or in connection with, the telecommunication systems set up for
the purposes of any Force, bureau or organisation referred to in clauses (a) to
(c), be restricted or abrogated so as to ensure the proper discharge of their
duties and the maintenance of discipline among them
34. Restriction
on rights conferred by this Part while martial law is in force in any area
Notwithstanding anything in the foregoing provisions of this Part, Parliament
may by law indemnify any person in the service of the Union or of a State or
any other person in respect of any act done by him in connection with the
maintenance or restoration of order in any area within the territory of India
where martial law was in force or validate any sentence passed, punishment
inflicted, forfeiture ordered or other act done under martial law in such area
35. Legislation
to give effect to the provisions of this Part Notwithstanding anything in this
Constitution,
(a) Parliament
shall have, and the Legislature of a State shall not have, power to make laws
(i) with
respect to any of the matters which under clause ( 3 ) of Article 16, clause (
3 ) of Article 32, Article 33 and Article 34 may be provided for by law made by
Parliament; and
(ii) for
prescribing punishment for those acts which are declared to be offences under
this Part; and Parliament shall, as soon as may be after the commencement of
this Constitution, make laws for prescribing punishment for the acts referred
to in sub clause (ii);
(b) any
law in force immediately before the commencement of this Constitution in the
territory of India with respect to any of the matters referred to in sub clause
(i) of clause (a) or providing for punishment for any act referred to in sub
clause (ii) of that clause shall, subject to the terms there of and to any
adaptations and modifications that may be made therein under Article 372,
continue in force until altered or repealed or amended by Parliament
Explanation In this article, the expression law in force has the same meaning
as in Article 372 PART IV DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition
In this Part, unless the context otherwise requires, the State has the same
meaning as in Part III
37. Application
of the principles contained in this Part The provisions contained in this Part
shall not be enforceable by any court, but the principles therein laid down are
nevertheless fundamental in the governance of the country and it shall be the
duty of the State to apply these principles in making laws
38. State
to secure a social order for the promotion of welfare of the people
(1) The
State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social, economic
and political, shall inform all the institutions of the national life
(2) The
State shall, in particular, strive to minimize the inequalities in income, and
endeavor to eliminate inequalities in status, facilities and opportunities, not
only amongst individuals but also amongst groups of people residing in
different areas or engaged in different vocations
39. Certain
principles of policy to be followed by the State: The State shall, in
particular, direct its policy towards securing
(a) that
the citizens, men and women equally, have the right to an adequate means to
livelihood;
(b) that
the ownership and control of the material resources of the community are so
distributed as best to subserve the common good;
(c) that
the operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment;
(d) that
there is equal pay for equal work for both men and women;
(e) that
the health and strength of workers, men and women, and the tender age of
children are not abused and that citizens are not forced by economic necessity
to enter avocations unsuited to their age or strength;
(f) that
children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material abandonment
39. A
Equal justice and free legal aid The State shall secure that the operation of
the legal system promotes justice, on a basis of equal opportunity, and shall,
in particular, provide free legal aid, by suitable legislation or schemes or in
any other way, to ensure that opportunities for securing justice are not denied
to any citizen by reason of economic or other disabilities
40. Organisation
of village panchayats The State shall take steps to organize village panchayats
and endow them with such powers and authority as may be necessary to enable
them to function as units of self government
41. Right
to work, to education and to public assistance in certain cases The State
shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want
42. Provision
for just and humane conditions of work and maternity relief The State shall
make provision for securing just and humane conditions of work and for
maternity relief
43. Living
wage, etc, for workers The State shall endeavour to secure, by suitable
legislation or economic organisation or in any other way, to all workers,
agricultural, industrial or otherwise, work, a living wage, conditions of work
ensuring a decent standard of life and full enjoyment of leisure and social and
cultural opportunities and, in particular, the State shall endeavour to promote
cottage industries on an individual or co operative basis in rural areas
43. A
Participation of workers in management of industries The State shall take
steps, by suitable legislation or in any other way, to secure the participation
of workers in the management of undertakings, establishments or other
organisations engaged in any industry
44. Uniform
civil code for the citizens The State shall endeavour to secure for the
citizens a uniform civil code throughout the
45. Provision
for free and compulsory education for children The State shall endeavour to
provide, within a period of ten years from the commencement of this
Constitution, for free and compulsory education for all children until they
complete the age of fourteen years
46. Promotion
of educational and economic interests of Scheduled Castes, Scheduled Tribes and
other weaker sections The State shall promote with special care the educational
and economic interests of the weaker sections of the people, and, in
particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect
them from social injustice and all forms of exploitation
47. Duty
of the State to raise the level of nutrition and the standard of living and to
improve public health The State shall regard the raising of the level of
nutrition and the standard of living of its people and the improvement of
public health as among its primary duties and, in particular, the State shall
endeavour to bring about prohibition of the consumption except for medicinal
purposes of intoxicating drinks and of drugs which are injurious to health
48. Organisation
of agriculture and animal husbandry The State shall endeavour to organise
agriculture and animal husbandry on modern and scientific lines and shall, in
particular, take steps for preserving and improving the breeds, and prohibiting
the slaughter, of cows and calves and other milch and draught cattle
48A. Protection
and improvement of environment and safeguarding of forests and wild life The
State shall endeavour to protect and improve the environment and to safeguard
the forests and wild life of the country
49. Protection
of monuments and places and objects of national importance It shall be the
obligation of the State to protect every monument or place or object of
artistic or historic interests, declared by or under law made by Parliament to
be of national importance, from spoliation, disfigurement, destruction,
removal, disposal or export, as the case may be
50. Separation
of judiciary from executive The State shall take steps to separate the
judiciary from the executive in the public services of the State
51. Promotion
of international peace and security The State shall endeavour to
(a) promote
international peace and security;
(b) maintain
just and honourable relations between nations;
(c) foster
respect for international law and treaty obligations in the dealings of
organised peoples with one another; and encourage settlement of international
disputes by arbitration PART IVA FUNDAMENTAL DUTIES
51A. Fundamental
duties It shall be the duty of every citizen of India (a) to abide by the
Constitution and respect its ideals and institutions, the national Flag and the
National Anthem;
(b) to
cherish and follow the noble ideals which inspired our national struggle for
freedom;
(c) to
uphold and protect the sovereignty, unity and integrity of
(d) to
defend the country and render national service when called upon to do so;
(e) to
promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities;
to renounce practices derogatory to the dignity of women;
(f) to
value and preserve the rich heritage of our composite culture;
(g) to
protect and improve the natural environment including forests, lakes, rivers
and wild life, and to have compassion for living creatures;
(h) to
develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to
safeguard public property and to abjure violence;
(j) to
strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavour and
achievement PART V THE UNION CHAPTER I THE EXECUTIVE The President and Vice
President
52. The
President of India There shall be a President of India
53. Executive
power of the
(1) The
executive power of the
(2) Without
prejudice to the generality of the foregoing provision, the supreme command of
the Defence Forces of the
(3) Nothing
in this article shall
(a) be
deemed to transfer to the President any functions conferred by any existing law
on the Government of any State or other authority; or
(b) prevent
Parliament from conferring by law functions on authorities other than the
President
54. Election
of President The President shall be elected by the members of an electoral
college consisting of the elected members of both Houses of Parliament; and the
elected members of the Legislative Assemblies of the States
55. Manner
of election of President
(1) As
far as practicable, there shall be uniformity in the scale of representation of
the d different States at the election of the President
(2) For
the purpose of securing such uniformity among the States inter se as well as
parity b between the States as a whole and the
(a) every
elected member of the Legislative Assembly of a State shall have as many votes
as there are multiples of one thousand in the quotient obtained by dividing the
population of the State by the total number of the elected members of the
Assembly;
(b) if,
after taking the said multiples of one thousand, the remainder is not less than
five hundred, then the vote of each member referred to in sub clause (a) shall
be further increased by one;
(c) each
elected member of either House of Parliament shall have such number of votes as
may be obtained by dividing the total number of votes assigned to the members
of the Legislative Assemblies of the States under sub clause (a) and (b) by the
total number of the elected members of both Houses of Parliament, fractions
exceeding one half being counted as one and other fractions being disregarded
(3) The
election of the President shall be held in accordance with the system of
proportional representation by means of the single transferable vote and the
voting at such election shall be by secret ballot Explanation n this article,
the expression population means the population ascertained at the last
preceding census of which the relevant figures have been published:---
Provided that the reference in this Explanation to the
last preceding census of which the relevant figures have been published shall,
until the relevant figures for the first census taken after the year 2000 have
been published, be construed as a reference to the 1971 census
56. Term
of office of President
(1) The
President shall hold office for a term of five years from the date on which he
enters upon his office:---
Provided that,---
(a) the
President may, by writing under his hand addressed to the Vice President,
resign his office;
(b) the
President may, for violation of the constitution, be removed from office by
impeachment in the manner provided in Article 61:
(c) the
President shall, notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office
(2) Any
resignation addressed to the Vice President under clause (a) of the proviso to
clause ( 1 ) shall forthwith be communicated by him to the Speaker of the House
of the People
57. Eligibility
for re election A person who holds, or who has held, office as President shall,
subject to the other provisions of this Constitution, be eligible for re
election to that office
58. Qualifications
for election as President
(1) No
person shall be eligible for election as President unless he
(a) is
a citizen of
(b) has
completed the age of thirty five years, and
(c) is
qualified for election as a member of the House of the People
(2) A
person shall not be eligible for election as President if he holds any office
of profit under the or the Government of any State or under any local or other
authority subject to the control of any of the said Governments Explanation For
the purposes of this article, a person shall not be deemed to hold any office
of profit by reason only that he is the President or Vice President of the
Union or the Governor of any State or is a Minister either for the Union or for
any State
59. Conditions
of Presidents office
(1) The
President shall not be a member of either House of Parliament or of a House of
the Legislature of any State, and if a member of either House of Parliament or
of a House of the Legislature of any State be elected President, he shall be
deemed to have vacated his seat in that House on the date on which he enters
upon his office as President
(2) The
President shall not hold any other office of profit
(3) The
President shall be entitled without payment of rent to the use of his official
residences and shall be also entitled to such emoluments, allowances and
privileges as may be determined by Parliament by law and, until provision in
that behalf is so made, such emoluments, allowances and privileges as are
specified in the Second Schedule
(4) The
emoluments and allowances of the President shall ot be diminished during his
term of office
60. Oath
or affirmation by the President Every President and every person acting as
President or discharging the functions of the President shall, before entering
upon his office, make and subscribe in the presence of the Chief Justice of
India or, in his absence, the senior most Judge of the Supreme Court available,
an oath or affirmation in the following form, that is to say swear in the name
of God I, A B, do that I olemnly affirm will faithfully execute the office of
President (or discharge the functions of thePresident) of India and will do the
best of my ability preserve, protect and defend the Constitution and the law
and that I will devote myself to the service and well being of the people of
India
61. Procedure
for impeachment of the President
(1) When
a President is to be impeached for violation of the Constitution, the charge
shall be preferred by either House of Parliament
(2) No
such charge shall be preferred unless
(a) the
proposal to prefer such charge is contained in a resolution which has been
moved after at least fourteen days notice in writing signed by not less than
one fourth of the total number of members of the House has been given of their
intention to move the resolution, and
(b) such
resolution has been passed by a majority of not less than two thirds of the
total membership of the House
(3) When
a charge has been so preferred by either House of Parliament, the other House
shall investigate the charge or cause the charge to be investigated and the
President shall have the right to appear and to be represented as such
investigation
(4) If
as a result of the investigation a resolution is passed by a majority of not
less than two thirds of the total membership of the House by which the charge
was investigated or cause to be investigated, declaring that the charge
preferred against the President has been sustained, such resolution shall have
the effect of removing the President from his office as from the date on which
the resolution is so passed
62. Time
of holding election to fill vacancy in the office of President and the term of
office of person elected to fill casual vacancy
(1) An
election to fill a vacancy caused by the expiration of the term of office of
President shall be completed before the expiration of the term
(2) An
election to fill a vacancy in the office of President occurring by reason of
his death, resignation or removal, or otherwise shall be held as soon as
possible after, and in no case later than six months from, the date of
occurrence of the vacancy, and the person elected to fill the vacancy shall,
subject to the provisions of Article 56, be entitled to hold office for the
full term of five years from the date on which he enters upon his office
63. The
Vice President of
64. The
Vice President to be ex officio Chairman of the council of States The Vice
President shall be ex officio chairman of the counsel of States and shall not
hold any other office of profit:---
Provided that during any period when the Vice
President acts as President or discharges the functions of the President under
Article 65, he shall not perform the duties of the office of chairman of the
council of States and shall not be entitled to any salary or allowance payable
to the chairman of the council of States under Article 97
65. The
Vice President to act as President or to discharge his functions during casual
vacancies in the office, or during the absence, of President
(1) In
the event of the occurrence of any vacancy in the office of the President by
reason of his death, resignation or removal, or otherwise, the Vice President
shall act as President until the date on which a new President elected in
accordance with the provisions of this Chapter to fill such vacancy enters upon
his office
(2) When
the President is unable to discharge his functions owing to absence, illness or
any other cause, the Vice President shall discharge his functions until the
date on which the President resumes his duties
(3) The
Vice President shall, during, and in respect of, the period while he is so
acting as, or discharging the functions of, President, have all the powers and
immunities of the President and be entitled to such emoluments, allowances and
privileges as may be determined by Parliament by law and, until provision in
that behalf is so made, such emoluments, allowances and privileges as are
specified in the Second Schedule
66. Election
of Vice President
(1) The
Vice President shall be elected by the members of an electoral college
consisting of the members of both Houses of Parliament in accordance with the
system of proportional representation by means of the single transferable vote and
the voting at such election shall be by secret ballot
(2) The
Vice President shall not be a member of either House of Parliament or of a
House of the Legislature of any State, and if a member of either House of
Parliament or of a House of the Legislature of any State be elected Vice
President, he shall be deemed to have vacated his seat in that House on the
date on which he enters upon his office as Vice President
(3) No
person shall be eligible for election as Vice President unless he
(a) is
a citizen of
(b) has
completed the age of thirty five years;
(c) is
qualified for election as a member of the Council of States
(4) A
person shall not be eligible for election as Vice President if he holds any
office of profit under the Government of India or the Government of any State
or under any local or other authority subject to the control of any of the said
Governments Explanation For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the President or
Vice President of the Union or the Governor of any State or is a Minister
either for the Union or for any State
67. Term
of office of Vice President The Vice President shall hold office for a term of
five years from the date on which he enters upon his office:---
Provided that,---
(a) a
Vice President may, by writing under his hand addressed to the President,
resign his office;
(b) a
Vice President may be removed from his office by a resolution of the council of
States passed by a majority of all the then members of the council and agreed
to by the House of the People; but no resolution for the purpose of this clause
shall be moved unless at least fourteen days notice has been given of the
intention to move the reso
(c) a
Vice President shall, notwithstanding the expiration of his term, continue to
hold office until his successor enters upon his office
68. Time
of holding election to fill vacancy in the office of Vice President and the
term of office of person elected to fill casual vacancy
(1) An
election to fill a vacancy caused by the expiration of the term of office of
Vice President shall be completed before the expiration of the term
(2) An
election to fill a vacancy in the office of Vice President occurring by reason
of his death, resignation or removal, or otherwise shall be held as soon as
possible after the occurrence of the vacancy, and the person elected to fill
the vacancy shall, subject to the provisions of Article 67, be entitled to hold
office for the full term of five years from the date on which he enters upon
his office
69. Oath
or affirmation by the Vice President Every Vice President shall, before
entering upon his office, make and subscribe before the President, or some
person appointed in that behalf by him, an oath or affirmation in the following
form, that is to say swear in the name of God I, A B, do that solemnly affirm
will bear true faith, and allegiance to the Constitution of India as by law
established and that I will faithfully discharge the duty upon which I am about
to enter
70. Discharge
of Presidents functions in other contingencies Parliament may make such
provision as if thinks fit for the discharge of the functions of the President
in any contingency not provided for in this Chapter
71. Matters
relating to, or connected with, the election of a president or Vice President
(1) All
doubts and disputes arising out of or in connection with the election of a
president or vice President shall be inquired into and decided by the Supreme
court whose decision shall be final
(2) If
the election of a person as President or Vice President is declared void by the
Supreme court, acts done by him in the exercise and performance of the powers
and duties of the office of President or Vice President, as the case may be, on
or before the date of the decision of the Supreme Court shall not be
invalidated by reason of that declaration
(3) Subject
to the provisions of this constitution, Parliament may by law regulate any
matter relating to or connected with the election of a President or Vice
President
(4) The
election of a person as President or Vice President shall not be called in
question on the ground of the existence of any vacancy for whatever reason
among the members of the electoral college electing him
72. Power
of President to grant pardons, etc, and to suspend, remit or commute sentences
in certain cases
(1) The
President shall have the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence of any
person convicted of any offence
(a) in
all cases where the punishment or sentence is by a court Martial;
(b) in
all cases where the punishment or sentence is for an offence against any law
relating to a matter to which the executive power of the
(c) in
all cases where the sentence is a sentence of death
(2) Noting
in sub clause (a) of Clause ( 1 ) shall affect the power to suspend, remit or
commute a sentence of death exercisable by the Governor of a State under any
law for the time being in force
73. Extent
of executive power of the
(1) Subject
to the provisions of this Constitution, the executive power of the
(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
Provided that the executive power referred to in sub
clause (a) shall not, save as expressly provided in this constitution or in any
law made by Parliament, extend in any State to matters with respect in which
the Legislature of the State has also power to make laws
(2) Until
otherwise provided by Parliament, a State and any officer or authority of a
State may, notwithstanding anything in this article, continue to exercise in
matters with respect to which Parliament has power to make laws for that State
such executive power or functions as the State or officer or authority thereof
could exercise immediately before the commencement of this Constitution Council
of Ministers
74. Council
of Ministers to aid and advise President
(1) There
shall be a Council of Ministers with the Prime Minister at the head to aid and
advise the President who shall, in the exercise of his functions, act in
accordance with such advice:---
Provided that the President may require the council of
Ministers to reconsider such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after such
reconsideration
(2) The
question whether any, and if so what, advice was tendered by Ministers to the
President shall not be inquired into in any court
75. Other
provisions as to Ministers
(1) The
Prime Minister shall be appointed by the President and the other Ministers
shall be appointed by the President on the advice of the Prime Minister
(2) The
Minister shall hold office during the pleasure of the President
(3) The
Council of Ministers shall be collectively responsible to the House of the
People
(4) Before
a Minister enters upon his office, the President shall administer to him the
oaths of office and of secrecy according to the forms set out for the purpose
in the Third Schedule
(5) A
Minister who for any period of six consecutive months is not a member of either
House of Parliament shall at the expiration of that period cease to be a
Minister
(6) The
salaries and allowances of Ministers shall be such as Parliament may from time
to time by law determine and, until Parliament so determines, shall be as
specified in the Second Schedule The Attorney General for
76. Attorney
General for
(1) The
President shall appoint a person who is qualified to be appointed a Judge of
the Supreme Court to be Attorney General for
(2) it
shall be the duty of the Attorney General to give advice to the Government of
India upon such legal matters, and to perform such other duties of a legal
character, as may from time to time be referred or assigned to him by the
President, and to discharge the functions conferred on him by or under this
Constitution or any other law for the time being in force
(3) In
the performance of his duties the Attorney General shall have right of audience
in all courts in the
(4) The
Attorney General shall hold office during the pleasure of the President, and
shall receive such remuneration as the President may determine Conduct of
Government Business
77. Conduct
of business of the Government of India
(1) All
executive action of the Government of India shall be expressed to be taken in
the name of the President
(2) Orders
and other instruments made and executed in the name of the President shall be
authenticated in such manner as may be specified in rules to be made by the
President, and the validity of an order or instrument which is so authenticated
shall nor be called in question on the ground that it is not an order or
instrument made or executed by the President
(3) The
President shall make rules for the more convenient transaction of the business
of the Government of India, and for the allocation among Ministers of the said
business
78. Duties
of Prime Minister as respects the furnishing of information to the President,
etc It shall be the duty of the Prime Minister
(a) to
communicate to the President all decisions of the council of Ministers relating
to the administration of the affairs of the union and proposals for
legislation;
(b) to
furnish such information relating to the administration of the affairs of the
(c) if
the President so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which
has not been considered by the Council CHAPTER II PARLIAMENT General
79. Constitution
of Parliament There shall be a Parliament for the
80. Composition
of the Council of States
(1) The
Council of States shall consist of
(a) twelve
members to be nominated by the President in accordance with the provisions of
clause ( 3 ); and
(b) not
more than two hundred and thirty eight representatives of the States and of the
Union territories
(2) The
allocation of seats in the Council of States to be filled by representatives of
the States and of the Union territories shall be in accordance with the
provisions in that behalf contained in the fourth Schedule
(3) The
members to be nominated by the President under sub clause (a) of clause ( 1 )
shall consist of persons having special knowledge or practical experience in
respect of such matters as the following, namely: Literature, science, art and
social service
(4) The
representatives of each State in the council of States shall be elected by the
elected members of the Legislative Assembly of the State in accordance with the
system of proportional representation by means of the single transferable vote
(5) The
representatives of the
81. Composition
of the House of the People
(1) Subject
to the provisions of Article 331 the House of the People shall consist of
(a) not
more than five hundred and thirty members chosen by direct election from
territorial constituencies in the States, and
(b) not
more than twenty members to represent the Union territories, chosen in such
manner as parliament may by law provide
(2) For
the purposes of sub clause (a) of clause ( 1 ) (a) there shall be allotted to
each State a number of seats in the House of the People in such manner that the
ratio between that number and the population of the State is, so far as practicable,
the same for all States; and
(b) each
State shall be divided into territorial constituencies in such manner that the
ratio between the population of each constituency and th number of seats allotted
to it is, so far as practicable, the same throughout the State:---
Provided that the provisions of sub clause (a) of this
clause shall not be applicable for the purpose of allotment of seats in the
House of the People to any State so long as the population of that State does
not exceed six millions
(3) In
this article, the expression population means the population as ascertained at
the last preceding census of which the relevant figures have been published:---
Provided that the reference in this clause to the last
preceding census of which the relevant figures have been published shall, until
the relevant figures for the first census taken after the year 2000 have been
published, be construed as a reference to the 1971 census
82. Readjustment
after each census Upon the completion of each census, the allocation of seats
in the House of the People to the States and the division of each State into territorial
constituencies shall be readjusted by such authority and in such manner as
Parliament may by law determine:---
Provided that such readjustment shall not affect
representation in the House of the People until the dissolution of the then
existing House:---
Provided further that such readjustment shall take
effect from such date as President may, by order, specify and until such
readjustment takes effect, any election to the House may be held on the basis
of the territorial constituencies existing before such readjustment:---
Provided also that until the relevant figures for the
first census taken after the year 2000 have been published, it shall not be
necessary to readjust the allocation of seats in the House of the People to the
States and the division of each State into territorial constituencies under
this article
83. Duration
of Houses of Parliament
(1) The
council of States shall not be subject to dissolution, but as nearly as
possible one third of the members thereof shall retire as soon as may be on the
expiration of every second year in accordance with the provisions made in that
behalf by Parliament by law
(2) The
House of the People, unless sooner dissolved, shall continue for five years
from the date appointed for its first meeting and no longer and the expiration
of the said period of five years shall operate as a dissolution of the House:---
Provided that the said period may, while a
Proclamation of Emergency is in operation, be extended by Parliament by law for
a period not exceeding one year as a time and not extending in any case beyond
a period of six months after s the Proclamation has ceased to operate
84. Qualification
for membership of Parliament A person shall not be qualified to be chosen to
fill a seat in Parliament unless he
(a) is
a citizen of India, and makes and subscribes before some person authorised in
that behalf by the Election Commission an oath or affirmation according to the
form set out for the purpose in the Third Schedule;
(b) is,
in the case of a seat in the Council of States, not less than thirty years of
age and, in the case of a seat in the House of the People, not less than twenty
five years of age; and
(c) possesses
such other qualifications as may be prescribed in that behalf by or under any
law made by Parliament
85. Sessions
of Parliament, prorogation and dissolution
(1) The
President shall form time to time summon each House of Parliament to meet at
such time and place as he thinks fit, but six months shall not intervene
between its last sitting in one session and the date appointed for its first
sitting in the next session
(2) The
President may from time to time
(a) prorogue
the Houses or either House;
(b) dissolve
the House of the People
86. Right
of President to address and send messages to Houses
(1) The
President may address either House of Parliament or both Houses assembled
together, and for that purpose require the attendance of members
(2) The
President may send messages to either House of Parliament, whether with respect
to a Bill then pending in Parliament or otherwise, and a House to which any
message is so sent shall with all convenient dispatch consider any matter
required by the message to be taken into consideration
87. Special
address by the President
(1) At
the commencement of the first session after each general election to the House
of the People and at the commencement of the first session of each year the
President shall address both Houses of Parliament assembled together and inform
Parliament of the causes of its summons
(2) Provision
shall be made by rules regulating the procedure of either House for the
allotment of time for discussion of the matters referred to in such address
88. Rights
of Ministers and Attorney General in respects Houses Every Minister and the
Attorney General of India shall have the right to speak in, and otherwise to
take part in the proceedings of either House, any joint sitting of the Houses,
and any committee of Parliament of which he may be named a member, but shall
not by virtue of this article be entitled to vote Officers of Parliament
89. The
Chairman and Deputy Chairman of the council of States
(1) The
Vice President of
(2) The
council of States shall, as soon as may be, choose a member of the council to
be Deputy an thereof and, so often as the office of Deputy Chairman becomes vacant,
the council shall choose another member to be Deputy chairman thereof
90. Vacation
and resignation of, and removal from, the office of Deputy Chairman A member
holding office as Deputy chairman of the Council of States
(a) shall
vacate his office if he cease to be a member of the Council;
(b) may
at any time, by writing under his hand addressed to the Chairman, resign his
office; and
(c) may
be removed from his office by a resolution of the Council passed by a majority
of all the then members of the Council:---
Provided that no resolution for the purpose of clause
(c) shall be moved unless at least fourteen days notice has been given of the
intention to move the resolution
91. Power
of the Deputy chairman or other person to perform the duties of the office of,
or to act as, Chairman
(1) While
the office of Chairman is vacant, or during any period when the vice President
is acting as, or discharging the functions of, President, the duties of the
office shall be performed by the Deputy chairman, or, if the office of Deputy
chairman is also vacant, by such member of the council of States as the
President may appoint for the purpose
(2) During
the absence of the chairman from any sitting of the council of States the
Deputy chairman, or, if he is also absent, such person as may be determined by
the rules of procedure of the council, or, if no such person is present, such
other person as may be determined by the council, shall act as Chairman
92. The
Chairman or the Deputy chairman not to preside while a resolution for his
removal from office is under consideration
(1) At
any sitting of the Council of States, while any resolution for the removal of
the Vice President from his office is under consideration, the Chairman, or
while any resolution for the removal of the Deputy Chairman from his office is
under consideration, the Deputy Chairman, shall not, though he is present,
preside, and the provisions of clause ( 2 ) of Article 91 shall apply in
relation to every such sitting as they apply in relation to a sitting from
which the chairman, or, as the case may be, the Deputy Chairman, is absent
(2) The
Chairman shall have the right to speak in, and otherwise to take part in
proceedings of, the Council of States while any resolution for the removal of
the Vice President from his office is under consideration in the Council, but,
notwithstanding anything in Article 100, shall not be entitled to vote at all
on such resolution or on any other matter during such proceedings
93. The
Speaker and Deputy Speaker of the House of the People The House of the People
shall, as soon as may be, choose two members of the House to be respectively
Speaker and Deputy Speaker thereof and, so often as the office of Speaker or
Deputy Speaker becomes vacant, the House shall choose another member to be
Speaker or Deputy Speaker, as the case may be
94. Vacation
and resignation of, and removal from, the offices of Speaker and Deputy Speaker
A member holding office as Speaker or Deputy Speaker of the House of the People
(a) shall
vacate his office if he ceases to be a member of the House of the People;
(b) may
at any time, by writing under his hand addressed, if such member is the
Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to
the Speaker, resign his office; and
(c) may
be removed from his office by a resolution of the House of the People passed by
a majority of all the then members of the House:---
Provided that no resolution for the purpose of clause
(c) shall be moved unless at least fourteen days notice has been given of the
intention to move the resolution:---
Provided further that, whenever the House of the
People is dissolved, the Speaker shall not vacate his office until immediately
before the first meeting of the House of the People after the dissolution
95. Power
of the Deputy Speaker or other person to perform the duties of the office of,
or to act as, Speaker
(1) While
the office of Speaker is vacant, the duties of the office shall be performed by
the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such
member of the House of the People as the President may appoint for the purpose
(2) During
the absence of the Speaker from any sitting of the House of the People the
Deputy Speaker or, if he is also absent, such person as may be determined by
the rules of procedure of the House, or, if no such person is present, such
other person as may be determined by the House, shall act as Speaker
96. The
Speaker or the Deputy Speaker not to preside while a resolution for his removal
from office is under consideration
(1) At
any sitting of the House of the People, while any resolution for the removal of
the Speaker from his office is under consideration, the Speaker, or while any
resolution for the removal of the Deputy Speaker from his office is under
consideration, the Deputy Speaker, shall not, though he is present, preside,
and the provisions of clause ( 2 ) of Article 95 shall apply in relation to
every such sitting as they apply in relation to a sitting from which the
Speaker, or, as the case may be, the Deputy Speaker, is absent
(2) The
Speaker shall have the right to speak in, and otherwise to take part in the
proceedings of, the House of the People while any resolution for his removal
from office is under consideration in the House and shall, notwithstanding
anything in Article 100, be entitled to vote only in the first instance on such
resolution or on any other matter during such proceedings but not in the case
of an equality of votes
97. Salaries
and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy
Speaker There shall be paid to the Chairman and the Deputy Chairman of the
council of States, and to the Speaker and the Deputy Speaker of the House of
the People, such salaries and allowances as may be respectively fixed by
Parliament by law and, until provision in that behalf is so made, such salaries
and allowances as are specified in the Second Schedule
98. Secretariat
of Parliament
(1) Each
House of Parliament shall have a separate secretariat staff:---
Provided that nothing in this clause shall be
construed as preventing the creation of posts common to both Houses of
Parliament
(2) Parliament
may by law regulate the recruitment, and the conditions of service of persons
appointed, to the secretarial staff of either House of Parliament
(3) Until
provision is made by Parliament under clause ( 2 ), the President may, after
consultation with the Speaker of the House of the People or the chairman of the
council of States, as the case may be, make rules regulating the recruitment,
and the conditions of service of persons appointed, to the secretarial staff of
the House of the People or the council of States, and any rules so made shall
have effect subject to the provisions of any law made under the said clause
Conduct of Business
99. Oath
or affirmation by members Every member of either House of Parliament shall,
before taking his seat, make and subscribe before the President, or some person
appointed in that behalf by him, an oath or affirmation according to the form
set out for the purpose in the Third Schedule
100. Voting
in Houses, power of Houses to act notwithstanding vacancies and quorum
(1) Save
as otherwise provided in this Constitution, all questions at any sitting of
either House or joint sitting of the Houses shall be determined by a majority
of votes of the members present and voting, other than the Speaker or person
acting as Chairman or Speaker The Chairman or Speaker, or person acting as
such, shall not vote in the first instance, but shall have and exercise a
casting vote in the case of an equality of votes
(2) Either
House of Parliament shall have power to act notwithstanding any vacancy in the
membership thereof, and any proceedings in Parliament shall be valid
notwithstanding that it is discovered subsequently that some person who was not
entitled so to do sat or voted or otherwise took part in the proceedings
(3) Until
Parliament by law otherwise provides, the quorum to constitute a meeting of
either House of Parliament shall be one tenth of the total number of members of
the House
(4) If
at any time during a meeting of a House there is no quorum, it shall be the
duty of the chairman or Speaker, or person acting as such, either to adjourn
the House or to suspend the meeting until there is a quorum
101. Vacation
of seats
(1) No
person shall be a member of both Houses of Parliament and provision shall be
made by Parliament by law for the vacation by a person who is chosen a member
of both Houses of his seat in one House or the other
(2) No
person shall be a member both of Parliament and of a House of the Legislature
of a State and if a person is chosen a member both of Parliament and of a House
of the Legislature of a State, then, at the expiration of such period as may be
specified in rules made by the President, that persons seat in Parliament shall
become vacant, unless he has previously resigned his seat in the Legislature of
the State
(3) If
a member of either House of Parliament
(a) becomes
subject to any of the disqualification s mentioned in clause ( 1 ) or clause (
2 ) of Article 102, or
(b) resigns
his seat by writing under his hand addressed to the Chairman or the Speaker, as
the as may be, and his resignation is accepted by the chairman or the Speaker,
as the case may be, his seat shall thereupon become vacant:---
Provided that in the case of any resignation referred
to in sub clause (b), if from information received or otherwise and after
making such inquiry as he thinks fit, the chairman or the Speaker, as the case
may be, is satisfied that such resignation is not voluntary or genuine, he
shall not accept such resignation
(4) If
for a period of sixty days a member of either House of Parliament is without
permission of the House absent from all meetings thereof, the House may declare
his seat vacant:---
Provided that in computing the said period of sixty
days no account shall be taken of any period during which the House is
prorogued or is adjourned for more than four consecutive days
102. Disqualification
s for membership
(1) A
person shall be disqualified for being chosen as, and for being, a member of
either House of Parliament
(a) if
he holds any office of profit under the Government of India or the Government
of any State, other than an office declared by Parliament by law not to
disqualify its holder;
(b) if
he is of unsound mind and stands so declared by a competent court;
(c) if
he is an undischarged insolvent;
(d) if
he is not a citizen of
(e) if
he is so disqualified by or under any law made by Parliament Explanation For
the purposes of this clause a person shall not be deemed to hold an office of
profit under the Government of India or the Government of any State by reason
only that he is a Minister either for the
(2) A
person shall be disqualified for being a member of either House of Parliament
if he is so disqualified under the Tenth Schedule
103. Decision
on questions as to disqualifications of members
(1) If
any question arises as to whether a member of either House of Parliament has
become subject to any of the disqualifications mentioned in clause ( 1 ) of
Article 102, the question shall be referred for the decision of the President
and his decision shall be final
(2) Before
giving any decision on any such question, the President shall obtain the
opinion of the Election Commission and shall act according to such opinion
104. Penalty
for sitting and voting before making oath or affirmation under Article 99 or
when not qualified or when disqualified If a person sits or votes as a member
of either House of Parliament before he has complied with the requirements of
Article 99, or when he knows that he is not qualified or that he is
disqualified for membership thereof, or that he is prohibited from so doing by
the provisions of any law made by Parliament, he shall be liable in respect of
each day on which he so sits or votes to a penalty of five hundred rupees to be
recovered as a debt due to the Union Powers, Privileges and Immunities of
Parliament and its Members
105. Powers,
privileges, etc of the Houses of Parliament and of the members and committees
thereof
(1) Subject
to the provisions of this constitution and the rules and standing orders
regulating the procedure of Parliament, there shall be freedom of speech in
Parliament
(2) No
member of Parliament shall be liable to any proceedings in any court in respect
of anything said or any vote given by him in Parliament or any committee
thereof, and no person shall be so liable in respect of the publication by or
under the authority of either House of Parliament of any report, paper, votes
or proceedings
(3) In
other respects, the powers, privileges and immunities of each House of
Parliament, and of the members and the committees of each House, shall be such
as may from time to time be defined by Parliament by law, and, until so defined
shall be those of that House and of its members and committees immediately
before the coming into force of Section 15 of the Constitution (Forty fourth
Amendment) Act 1978
(4) The
provisions of clauses ( 1 ), ( 2 ) and ( 3 ) shall apply in relation to persons
who by virtue of this constitution have the right to speak in, and otherwise to
take part in the proceedings of, a House of Parliament or any committee thereof
as they apply in relation to members of Parliament
106. Salaries
and allowances of members Members of either House of Parliament shall be
entitled to receive such salaries and allowances as may from time to time be
determined by Parliament by law and, until provision in that in that respect is
so made, allowances at such rates and upon such conditions as were immediately
before the commencement of this Constitution applicable in the case of members
of the Constituent Assembly of the Dominion of India Legislative Procedure
107. Provisions
as to introduction and passing of Bills
(1) Subject
to the provisions of Articles 109 and 117 with respect to Money Bills and other
financial Bills, a Bill may originate in either House of Parliament
(2) Subject
to the provisions of Article 108 and 109, a Bill shall not be deemed to have
been passed by the Houses of Parliament unless it has been agreed to by both
Houses, either without amendment or with such amendments only as are agreed by
both Houses
(3) A
Bill pending in Parliament shall not lapse by reason of the prorogation of the
Houses
(4) A
Bill pending in the Council of States which has not been passed by the House of
the People shall not lapse on a dissolution of the House of the People
(5) A
Bill which is pending in the House of the People, or which having been passed
by the House of the People is pending in the council of States, shall subject
to the provisions of Article 108, lapse on a dissolution of the House of the
People
108. Joint
sitting of both Houses in certain cases
(1) If
after a Bill has been passed by one House and transmitted to the other House
(a) the
Bill is rejected by the other House; or
(b) the
Houses have finally disagreed as to the amendments to be made in the Bill; or
(c) more
than six months elapse from the date of the reception of the Bill by the other
House without the Bill being passed by it the President may, unless the Bill
has lapsed by reason of a dissolution of the House of the People, notify to the
Houses by message if they are sitting or by public notification if they are not
sitting, his intention to summon them to meet in a joint sitting for the
purpose of deliberating and voting on the Bill:---
Provided that nothing in this clause shall apply to a
Money Bill
(2) In
reckoning any such period of six months as is referred to in clause ( 1 ), no
account shall be taken of any period during which the House referred to in sub
clause (c) of that clause is prorogued or adjourned for more than four
consecutive days
(3) Where
the President has under clause ( 1 ) notified his intention of summoning the
Houses to meet in a joint sitting, neither House shall proceed further with the
Bill, but the President may at any time after the date of his notification
summon the Houses to meet in a joint sitting for the purpose specified in the
notification and, if he does so, the Houses shall meet accordingly
(4) If
at the joint sitting of the two Houses the Bill, with such amendments, if any,
as are agreed to in joint siting, is passed by a majority of the total number
of members of both Houses present and voting, it shall be deemed for the
purposes of this Constitution to have been passed by both Houses:---
Provided that a joint sitting
(a) if
the Bill, having been passed by one House, has not been passed by the other
House with amendments and returned to the House in which it originated, no
amendment shall be proposed to the Bill other than such amendments (if any) as
are made necessary by the delay in the passage of the Bill;
(b) if
the Bill has been so passed and returned, only such amendments as aforesaid
shall be proposed to the Bill and such other amendments as are relevant to the
matters with respect to which the Houses have not agreed; and the decision of
the person presiding as to the amendments which are admissible under this
clause shall be final
(5) A
joint sitting may be held under this article and a Bill passed thereat,
notwithstanding that a dissolution of the House of the People has intervened
since the President notified his intention to summon the Houses to meet therein
109. Special
procedure in respect of Money Bills
(1) A
Money Bill shall not be introduced in the Council of States
(2) After
a Money Bill has been passed by the House of the People it shall be transmitted
to the Council of States for its recommendations and the Council of States
shall within a period of fourteen days from the date of its receipt of the Bill
return the Bill to the house of the People with its recommendations and the
House of the People may thereupon either accept or reject all or any of the
recommendations of the Council of States
(3) If
the House of the People accepts any of the recommendations of the council of
States, the Money Bill shall be deemed to have been passed by both Houses with
the amendments recommended by the council of States and accepted by the House
of the People
(4) If
the House of the People does not accept any of the recommendations of the
council of States, the Money Bill shall be deemed to have been passed by both
Houses in the form in which it was passed by the House of the People without
any of the amendments recommended by the Council of States
(5) If
a Money Bill passed by the House of the People and transmitted to the council
of States for its recommendations is not returned to the House of the People
within the said period of fourteen days, it shall be deemed to have been passed
by both Houses at the expiration of the said period in the form in which it was
passed by the House of the People
110. Definition
of Money Bill
(1) For
the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it
contains only provisions dealing with all or any of the following matters,
namely
(a) the
imposition, abolition, remission, alteration or regulation of any tax;
(b) the
regulation of the borrowing of money or the giving of any guarantee by the
Government of India, or the amendment of the law with respect to any financial
obligations undertaken or to be undertaken by the Government of India;
(c) the
custody of the consolidated Fund or the Contingency Fund of India, the payment
of moneys into or the withdrawal of moneys from any such Fund;
(d) the
appropriation of moneys out of the consolidated Fund of India;
(e) the
declaring of any expenditure to be expenditure charged on the Consolidated Fund
of India or the increasing of the amount of any such expenditure;
(f) the
receipt of money on account of the Consolidated Fund of India or the public
account of India or the custody or issue of such money or the audit of the
accounts of the Union or of a State; or
(g) any
matter incidental to any of the matters specified in sub clause (a) to (f)
(2) A
Bill shall not be deemed to be a Money Bill by reason only that it provides for
the imposition of fines or other pecuniary penalties, or for the demand or
payment of fees for licences or fees for services rendered, or by reason that
it provides for the imposition, abolition, remission, alteration or regulation
of any tax by any local authority or body for local purposes
(3) If
any question arises whether a Bill is a Money Bill or not, the decision of the
Speaker of the House of the People thereon shall be final
(4) There
shall be endorsed on every Money Bill when it is transmitted to the Council of
States under Article 109, and when it is presented to the President for assent
under Article 111, the certificate of the Speaker of the House of the People
signed by him that it is a Money Bill
111. Assent
to Bills When a Bill has been passed by the Houses of Parliament, it shall be
presented to the President, and the President shall declare either that he
assents to the Bill, or that he withholds assent therefrom:---
Provided that the President may, as soon as possible
after the presentation to him of a Bill for assent, return the Bill if it is
not a Money Bill to the Houses with a message requesting that they will
reconsider the Bill or any specified provisions thereof and, in particular,
will consider the desirability of introducing any such amendments as he may
recommend in his message, and when a Bill is so returned, the Houses shall
reconsider the Bill accordingly, and if the Bill is passed again by the Houses
with or without amendment and presented to the President for assent, the
President shall not withhold assent therefrom Procedures in Financial Matters
112. Annual
financial statement
(1) The
President shall in respect of every financial year cause to be laid before both
the Houses of Parliament a statement of the estimated receipts and expenditure
of the Government of India for that year, in this Part referred to as the
annual financial statement
(2) The
estimates of expenditure embodied in the annual financial statement shall show
separately
(a) the
sums required to meet expenditure described by the Condition as expenditure
charged upon the Consolidated Fund of India; and
(b) the
sums required to meet other expenditure proposed to be made from the
Consolidated Fund of India, and shall distinguish expenditure on revenue
account from other expenditure
(3) The
following expenditure shall be expenditure charged on the Consolidated Fund of
India
(a) the
emoluments and allowances of the President and other expenditure relating to
his office;
(b) the
salaries and allowances of the Chairman and the Deputy Chairman of the Council
of States and the Speaker and the Deputy Speaker of the House of the People;
(c) debt
charges for which the Government of India is liable including interest, sinking
fund charges and redemption charges, and other expenditure relating to the
raising of loans and the service and redemption of debt;
(i) the
salaries, allowances and pensions payable to or in respect of Judges of the
Supreme Court,
(ii) the
pensions payable to or in respect of Judges of the Federal Court,
(iii) the
pensions payable to or in respect of Judges of any High Court which exercises
jurisdiction in relation to any area included in the territory of India or
which at any time before the commencement of this Constitution exercises
jurisdiction in relation to any area included in a Governors Province of the
Dominion of India;
(e) the
salary, allowances and pension payable to or in respect of the Comptroller and
Auditor General of
(f) any
sums required to satisfy any judgment, decree or award of any court or arbitral
tribunal;
(g) any
other expenditure declared by this Constitution or by Parliament by law to be
so charged
113. Procedure
in Parliament with respect to estimates
(1) So
much of the estimates as relates to expenditure charged upon the Consolidated
Fund of India shall not be submitted to the vote of Parliament, but nothing in
this clause shall be construed as preventing the discussion in either House of
Parliament of any of those estimates
(2) So
much of the said estimates as relates to other expenditure shall be submitted
in the form of demands for grants to the House of the People, and the House of
the People shall have power to assent, or to refuse to assent, to any demand,
or to assent to any demand subject to a reduction of the amount specified
therein
(3) No
demand for a grant shall be made except on the recommendation of the President
114. Appropriation
Bills
(1) As
soon as may be after the grants under article 113 have been made by the House
of the People, there shall be introduced a Bill to provide for the
appropriation out of the Consolidated Fund of India of all moneys required to
meet
(a) the
grants so made by the House of the People; and
(b) the
expenditure charged on the Consolidated fund of
(2) No
amendment shall be proposed to any such Bill in either House of Parliament
which will have the effect of varying the amount or altering the destination of
any grant so made or of varying the amount of any expenditure charged on the
Consolidated Fund of India, and the decision of the person presiding as to
whether an amendment is inadmissible under this clause shall be final
(3) Subject
to the provisions of articles 115 and 116, no money shall be withdrawn from the
Consolidated Fund of India expect under appropriation made by law passed in
accordance with the provisions of this article
115. Supplementary,
additional or excess grants
(1) The
President shall
(a) If
the amount authorised by any law made in accordance with the provisions of
article 114 to be expended for a particular service for the current financial
year is found to be insufficient for the purposes of that year or when a need
has arisenduring the current financial year for supplementary or additional
expenditure upon some new service not contemplated in the annual financial
statement for that year, or
(b) if
any money has been spent on any service during a financial year in excess of
the amount granted for that service and for that year, cause to be laid before
both the Houses of Parliament another statement showing the estimated amount of
that expenditure or cause to be presented to the House of the People a demand
for such excess, as the case may be
(2) The
provisions of articles 112, 113 and 114 shall have effect in relation to any
such statement and expenditure or demand and also to any law to be made
authorising the appropriation of moneys out of the Consolidated Fund of India
to meet such expenditure or the grant in respect of such demand as they have
effect in relation to the annual financial statement and the expenditure
mentioned therein or to a demand for a grant and the law to be made for the
authorisation of appropriation of moneys out of the Consolidated Fund of India
to meet such expenditure or grant
116. Votes
on account, votes of credit and exceptional grants
(1) Notwithstanding
anything in the foregoing provisions of this Chapter, the House of the People
shall have power
(a) to
make any grant in advance in respect of the estimated expenditure for a part of
any financial year pending the completion of the procedure prescribed in
article 113 for the voting of such grant and the passing of the law in
accordance with the provisions of article 114 in relation to that expenditure;
(b) to
make a grant for meeting an unexpected demand upon there sources of India when
on account of the magnitude or the indefinite character of the service the
demand cannot be stand with the details ordinarily given in an annual financial
statement;
(c) to
make an exceptional grant which forms no part of the current service of any
financial year; and Parliament shall have power to authorise by law the
withdrawal of moneys from the Consolidated Fund of India for the purposes for
which the said grants are made
(2) The
provisions of articles 113 and 114 shall have effect in relation to the making
of any grant under clause ( 1 ) and to any law to be made under that clause as
they have effect in relation to the making of a grant with regard to any
expenditure mentioned in the annual financial statement and the law to be made
for the authorisation of appropriation of moneys out of the Consolidated Fund
of India to meet such expenditure
117. Special
provisions as to financial Bills
(1) A
Bill or amendment making provision for any of the matters specified in sub
clauses (a) to (f) of clause ( 1 ) of article 110 shall not be introduced or
moved except on the recommendation of the President and a Bill making such
provision shall not be introduced in the Council of States:---
Provided that no recommendation shall be required
under this clause for the moving of an amendment making provision for the
reduction or abolition of any tax
(2) A
Bill or amendment shall not be deemed to make provision for any of the matters
aforesaid by reason only that it provides for the imposition of fines or other
pecuniary penalties, or for the demand or payment of fees for licences or fees
for services rendered, or by reason that it provides for the imposition,
abolition, remission, alteration or regulation of any tax by any local
authority or body for local purposes
(3) A
Bill which, if enacted and brought into operation, would involve expenditure
from the consolidated Fund of India shall not be passed by either House of
Parliament unless the President has recommended to that House the consideration
of the Bill Procedure Generally
118. Rules
of procedure
(1) Each
House of Parliament may make rules for regulations, subject to the provisions
of this Constitution, its procedure and the conduct of its business
(2) Until
rules are made under clause ( 1 ), the rules of procedure and standing orders
in force immediately before the commencement of this Constitution with respect
to the Legislature of the Dominion of India shall have effect in relation to
Parliament subject to such modifications and adaptations as may be made therein
by the Chairman of the Council of States or the Speaker of the House of the
People, as the case may be
(3) The
President, after consultation with the Chairman of the Council of States and
the Speaker of the House of the People, may make rules as to the procedure with
respect to joint sittings of, and communications between, the two Houses
(4) At
a joint sitting of the two Houses the Speaker of the House of the People, or in
his absence such person as may be determined by rules of procedure made under
clause ( 3 ), shall preside
119. Regulation
by law of procedure in Parliament in relation to financial business Parliament
may, for the purpose of the timely completion of financial business, regulate
by law the procedure of, and the conduct of business in, each House of
Parliament in relation to any financial matter or to any Bill for the
appropriation of moneys out of the consolidated Fund of India, and, if and so
far as any provision of any law so made is inconsistent with any rule made by a
House of Parliament under clause ( 1 ) of Article 118 or with any rule or
standing order having effect in relation to Parliament under clause ( 2 ) of
that article, such provision shall prevail
120. Language
to be used in Parliament
(1) Notwithstanding
anything in Part XVII, but subject to the Article 348, business in Parliament
shall be transacted in Hindi or in English:---
Provided that the Chairman of the Council of States or
Speaker of the House of the People, or Person acting as such, as the Case may
be, may permit any member who cannot adequately express himself in Hindi or in
English to address the House in his mother tongue
(2) Unless
Parliament by Law otherwise provides, this article shall, after the expiration
of a period of fifteen years from the commencement of this Constitution, have
effect as if the words or in English were omitted therefrom
121. Restriction
on discussion in Parliament No discussions shall take place in Parliament with
respect to the conduct of any Judge of the Supreme Court or of a High Court in
the discharge of his duties expect upon a motion for presenting an address to
the President praying for the removal of the Judge as hereinafter provided
122. Courts
not to inquire into proceedings of Parliament
(1) The
validity of any proceedings in Parliament shall not be called in question on
the ground of any alleged irregularity of procedure
(2) No
officer or member of Parliament in whom powers are vested by or under this
Constitution for regulating procedure or the conduct of business, or for
maintaining order, in Parliament shall be subject to the jurisdiction of any
court in respect of the exercise by him of those powers CHAPTER III LEGISLATIVE
POWERS OF THE PRESIDENT
123. Power
of President to promulgate Ordinances during recess of Parliament
(1) If
at any time, except when both Houses of Parliament are in session, the
President is satisfied that circumstances exist which render it necessary for
him to take immediate action, he may promulgate such Ordinance as the
circumstances appear to him to require
(2) An
Ordinance promulgated under this article shall have the same force and effect
as an Act of Parliament, but every such Ordinance
(a) shall
be laid before both House of Parliament and shall cease to operate at the
expiration of six weeks from the reassemble of Parliament, or, if before the
expiration of that period resolutions disapproving it are passed by both
Houses, upon the passing of the second of those resolutions; and
(b) may
be withdrawn at any time by the President Explanation Where the Houses of
Parliament are summoned to reassemble on different dates, the period of six
weeks shall be reckoned from the later of those dates for the purposes of this
clause
(3) If
and so far as an Ordinance under this article makes any provision which
Parliament would not under this Constitution be competent to enact, it shall be
void CHAPTER IV THE UNION JUDICIARY
124. Establishment
and constitution of Supreme Court
(1) There
shall be a Supreme Court of India constituting of a Chief Justice of India and,
until Parliament by law prescribes a larger number, of not more than seven
other Judges
(2) Every
Judge of the Supreme Court shall be appointed by the President by warrant under
his hand and seal after consultation with such of the Judges of the Supreme
Court and of the High Courts in the States as the President may deem necessary
for the purpose and shall hold office until he attains the age of sixty five
years:---
Provided that in the case of appointment of a Judge
other than the chief Justice, the chief Justice of India shall always be
consulted:
(a) a
Judge may, by writing under his hand addressed to the President, resign his
office;
(b) a
Judge may be removed rom his office in the manner provided in clause ( 4 )
2A. The
age of a Judge of the Supreme Court shall be determined by such authority and
in such manner as Parliament may by law provide
(3) A
person shall not be qualified for appointment as a Judge of the Supreme Court
unless he is a citizen of
(a) has
been for at least five years a Judge of a High Court or of two or more such
Courts in succession; or
(b) has
been for at least ten years an advocate of a High Court or of two or more such
Courts in succession; or
(c) is,
in the opinion of the President, a distinguished jurist Explanation I In this
clause High Court means a High Court which exercises, or which at any time
before the commencement of this Constitution exercised, jurisdiction in any
part of the territory of India Explanation II In computing for the purpose of
this clause the period during which a person has been an advocate, any period
during which a person has held judicial office not inferior to that of a
district judge after he became an advocate shall be included
(4) A
Judge of the Supreme Court shall not be removed from his office except by an
order of the President passed after an address by each House of Parliament
supported by a majority of the total membership of that House and by a majority
of not less than two third of the members of the House present and voting has
been presented to the President in the same session for such removal on the
ground of proved misbehaviour or incapacity
(5) Parliament
may by law regulate the procedure for the presentation of an address and for
the investigation and proof of the misbehaviour or incapacity of a Judge under
clause ( 4 ):
(6) Every
person appointed to be a Judge of the Supreme Court shall, before he enters
upon his office, make and subscribe before the President, or some person
appointed in that behalf by him, an oath or affirmation according to the form
set out for the purpose in the Third Schedule
(7) No
person who has held office as a Judge of the Supreme Court shall plead or act
in any court or before any authority within the
125. Salaries,
etc, of Judges
(1) There
shall be paid to the Judges of the Supreme Court such salaries as may be
determined by Parliament by law and, until provision in that behalf is so made,
such salaries as are specified in the Second Schedule
(2) Every
Judge shall be entitled to such privileges and allowances and to such rights in
respect of leave of absence and pension as may from time to time be determined
by or under law made by Parliament and, until so determined, to such
privileges, allowances and rights as are specified in the Second Schedule:---
Provided that neither the privileges nor the
allowances of a Judge nor his rights in respect of leave of absence or pension
shall be varied to his disadvantage after his appointment
126. Appointment
of acting Chief Justice When the office of Chief Justice of India is vacant or
when the Chief Justice is, by reason or absence or otherwise, unable to perform
the duties of his office, the duties of the office shall be performed by such
one of the other Judges of the Court as the President may appoint for the
purpose
127. Appointment
of ad hoc Judges
(1) If
at any time there should not be a quorum of the Judges of the Supreme Court
available to hold or continue any session of the Court, the Chief Justice of
India may, with the previous consent of the President and after consultation
with the Chief Justice of the High Court concerned, request in writing the
attendance at the sittings of the Court, as an ad hoc Judge, for such period as
may be necessary, of a Judge of a High Court duly qualified for appointment as
a Judge of the Supreme Court to be designated by the Chief Justice of India
(2) It
shall be the duty of the Judge who has been so designated, in priority to other
duties of his office, to attend the sittings of the Supreme Court at the time
and for the period for which his attendance is required, and while so attending
he shall have all the jurisdiction, powers and privileges, and shall discharge
the duties, of a Judge of the Supreme Court
128. Attendance
of retired Judges at sittings of the Supreme Court Notwithstanding anything in
this chapter, the Chief Justice of India may at any time, with the previous
consent of the president, request any person who has held the office of a Judge
of the Supreme Court or of the Federal Court or who has held the office of a
Judge of a High Court and is duly qualified for appointment as a Judge of the
Supreme Court to sit and act as a Judge of the Supreme Court, and every such
person so requested shall, while so sitting and acting, be entitled to such
allowances as the President may by order determine and have all the
jurisdiction, powers and privileges of, but shall not otherwise be deemed to
be, a Judge of that Court:---
Provided that nothing in this article shall be deemed
to require any such person as aforesaid to sit and act as a Judge of that Court
unless he consents so to do
129. Supreme
Court to be a court of record The Supreme Court shall be a court of record and
shall have all the powers of such a court including the power to punish for
contempt of itself
130. Seat
of Supreme Court The Supreme Court shall sit in
131. Original
jurisdiction of the Supreme Court Subject to the provisions of this
Constitution, the Supreme Court shall, to the exclusion of any other court,
have original jurisdiction in any dispute
(a) between
the Government of India and one or more States; or
(b) between
the Government of India and any State or States on one side and one or more
other States on the other; or
(c) between
two or more States, if and in so far as the dispute involves any question
(whether of law or fact) on which the existence or extent of a legal right
depends:---
Provided that the said jurisdiction shall not extend
to a dispute arising out of any treaty, agreement, covenant, engagements, and
or other similar instrument which, having been entered into or executed before
the commencement of this Constitution, continues in operation after such
commencement, or which provides that the said jurisdiction shall not extend to
such a dispute
132. Appellate
jurisdiction of Supreme Court in appeals from High Courts in certain cases ( 1
) An appeal shall lie to the Supreme Court from any judgment, decree or final
order of a High Court in the territory of India, whether in a civil, criminal
or other proceeding, if the High Court certifies under Article 134A that the
case involves a substantial question of law as t the interpretation of this Constitution
(2) Omitted
(3) Where
such a certificate is given, any party in the case may appeal to the Supreme
Court on the ground that any such question as aforesaid has been wrongly
decided Explanation For the purposes of this article, the expression final
order includes an order declaring an issue which, if decided in favour of the
appellant, would be sufficient for the final disposal of the case
133. Appellate
jurisdiction of Supreme Court in appeals from High Courts in regard to civil
matters
(1) An
appeal shall lie to the Supreme Court from any judgment, decree or final order
in a civil proceeding of a High Court in the
(a) that
the case involves a substantial question of law of general importance; and
(b) that
in the opinion of the High Court the said question needs to be decided by the
Supreme Court
(2) Notwithstanding
anything in Article 132, any party appealing to the Supreme Court under clause
( 1 ) may urge as one of the grounds in such appeal that a substantial question
of law as to the interpretation of this Constitution has been wrongly decided
(3) Notwithstanding
anything in this article, no appeal shall, unless Parliament by law otherwise
provides, lie to the Supreme Court from the judgment, decree or final order of
one Judge of a High Court
134. Appellate
jurisdiction of Supreme Court in regard to criminal matters
(1) An
appeal shall lie to the Supreme Court from any judgment, final order or
sentence in a criminal proceeding of a High Court in the territory of India if
the High Court has on appeal reversed an order of acquittal of an accused
person and sentenced him to death; or has withdrawn for trial before itself any
case from any court subordinate to its authority and has in such trial
convicted the accused person and sentenced him to death; or
(c) certifies
under Article 134A that the case is a fit one for appeal to the Supreme Court:---
Provided that an appeal under sub clause (c) shall lie
subject to such provisions as may be made in that behalf under clause ( 1 ) of
Article 145 and to such conditions as the High Court may establish or require
(2) Parliament
may by law confer on the Supreme Court any further powers to entertain and hear
appeals from any judgment, final order or sentence in a criminal proceeding of
a High Court in the
134A. Certificate
for appeal to the Supreme Court Every High Court, passing or making a judgment,
decree, final order, or sentence, referred to in clause ( 1 ) of Article 132 or
clause ( 1 ) of Article 133, or clause ( 1 ) of Article 134
(a) may,
if it deems fit so to do, on its own motion; and
(b) shall,
if an oral application is made, by or on behalf of the party aggrieved,
immediately after the passing or making of such judgment, decree, final order
or sentence, determine, as soon as may be after such passing or making, the
question whether a certificate of the nature referred to in clause ( 1 ) of
Article 132, or clause ( 1 ) of Article 133 or, as the case may be, sub clause
(c) of clause ( 1 ) of Article 134, may be given in respect of that case
135. Jurisdiction
and powers of the Federal Court under existing law to be exercisable by the
Supreme Court Until Parliament by law otherwise provides, the Supreme Court
shall also have jurisdiction and powers with respect to any matter to which the
provisions of Article 133 or Article 134 do not apply if jurisdiction and
powers in relation to that matter were exercisable by the Federal Court
immediately before the commencement of this Constitution under any existing law
136. Special
leave to appeal by the Supreme Court
(1) Notwithstanding
anything in this Chapter, the Supreme Court may, in its discretion, grant
special leave to appeal from any judgment, decree, determination, sentence or
order in any cause or matter passed or made by any court or tribunal in the
(2) Nothing
in clause ( 1 ) shall apply to any judgment, determination, sentence or order
passed or made by any court or tribunal constituted by or under any law
relating to the Armed Forces
137. Review
of judgments or orders by the Supreme Court Subject to the provisions of any
law made by Parliament or any rules made under Article 145, the Supreme Court
shall have power to review any judgment pronounced or order made by it
138. Enlargement
of the jurisdiction of the Supreme Court
(1) The
Supreme Court shall have such further jurisdiction and powers with respect to
any of the matters in the Union List as Parliament may by law confer
(2) The
Supreme Court shall have such further jurisdiction, and powers with respect to
any matter as the Government of India and the Government of any State may by
special agreement confer, if Parliament by law provides for the exercise of such
jurisdiction and powers by the Supreme Court
139. Conferment
on the Supreme Court of powers to issue certain writs Parliament may by law
confer on the Supreme Court power to issue directions, orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, or any of them, for any purposes other than those
mentioned in clause ( 2 ) of Article 32
139A. Transfer
of certain cases
(1) Where
cases involving the same or substantially the same questions of law are pending
before the Supreme Court and one or more High Courts or before two or more High
Courts and the Supreme Court is satisfied on its own motion or an application
made by the Attorney General of India or by a party to any such case that such
questions are substantial questions of general importance, the Supreme Court
may withdraw the case or cases pending before the High Court or the High Courts
and dispose of all the cases itself:---
Provided that the Supreme Court may after determining
the said questions of law return any case so withdrawn together with a copy of
its judgment on such questions to the High Court from which the case has been
withdrawn, and the High Court shall on receipt thereof, proceed to dispose of
the case in conformity with such judgment
(2) The
Supreme Court may, if it deems it expedient so to do for the ends of justice,
transfer any case, appeal or other proceedings pending before any High Court to
any other High Court
140. Ancillary
powers of Supreme Court Parliament may by law make provision for conferring
upon the Supreme Court such supplemental powers not inconsistent with any of
the provisions of this Constitution as may appear to be necessary or desirable
for the purpose of enabling the Court more effectively to exercise the
jurisdiction conferred upon it by or under this Constitution
141. Law
declared by Supreme Court to be binding on all courts The law declared by the
Supreme Court shall be binding on all courts within the territory of India
142. Enforcement
of decrees and orders of Supreme Court and unless as to discovery, etc ( 1 )
The Supreme Court in the exercise of its jurisdiction may pass such decree or
make such order as is necessary for doing complete justice in any cause or
matter pending before it, and any decree so passed or orders so made shall be
enforceable throughout the territory of India in such manner as may be
prescribed by or under any law made by Parliament and, until provision in that
behalf is so made, in such manner as the President may by order prescribe
(2) Subject
to the provisions of any law made in this behalf by Parliament, the Supreme
Court shall, as respects the whole of the territory of India, have all and
every power to make any order for the purpose of securing the attendance of any
person, the discovery or production of any documents, or the investigation or
punishment of any contempt of itself
143. Power
of President to consult Supreme Court ( 1 ) If at any time it appears to the
President that a question of law or fact has arisen, or is likely to arise,
which is of such a nature and of such public importance that it is expedient to
obtain the opinion of the Supreme Court upon it, he may refer the question to
that Court for consideration and the Court may, after such hearing as it thinks
fit, report to the President its opinion thereon
(2) The
President may, notwithstanding anything in the proviso to Article 131, refer a
dispute of the kind mentioned in the said proviso to the Supreme Court for
opinion and the Supreme Court shall, after such hearing as it thinks fit,
report to the President its opinion thereon
144. Civil
and judicial authorities to act in aid of the Supreme Court All authorities,
civil and judicial, in the
145. Rules
of Court, etc
(1) Subject
to the provisions of any law made by Parliament the Supreme Court may from time
to time, with the approval of the President, make rules for regulating
generally the practice and procedure of the Court including
(a) rules
as to the persons practising before the Court,
(b) rules
as to the procedure for hearing appeals, and other matters pertaining to
appeals including the time within which appeals to the Court are to be entered;
(c) rules
as to the proceedings in the Court for the enforcement of any of the rights
conferred by Part III;
(cc) rules
as to the proceedings in the Court under Article 139A;
(d) rules
as to the entertainment of appeals under sub clause (c) of clause ( 1 ) of
Article 134;
(e) any
judgment pronounced or order made by the Court may be received and rules as to
the conditions the procedure for such review including the time within which
applications to the Court for such review are to be entered;
(f) rules
as to the costs of and incidental to any proceedings in the Court and as to the
fees to be charged in respect of proceeding therein;
(g) rules
as to the granting of bail;
(h) rules
as to stay of proceedings;
(i) rules
providing for the summary determination of any appeal which appears to the
Court to be frivolous or vexatious or brought for the purpose of delay;
(j) rules
as to the procedure for inquiries referred to in clause ( 1 ) of Article 317
(2) Subject
to the provisions of clause ( 3 ), rules made under this article may fix the
minimum number of Judges who are to sit for any purpose, and may provide for
the powers of single Judges and Division Courts
(3) The
minimum number of Judges who are to sit for the purpose of deciding any case
involving a substantial question of law as to the interpretation of this
Constitution or for the purpose of hearing any reference under Article 143
shall be five:---
Provided that, where the Court hearing an appeal under
any of the provisions of this chapter other than Article 132 consists of less
than five Judges and in the course of the hearing of the appeal the Court is
satisfied that the appeal involves a substantial question of law as to the
interpretation of this Constitution the determination of which is necessary for
the disposal of the appeal, such Court shall refer the question for opinion to
a Court constituted as required by this clause for the purpose of deciding any
case involving such a question and shall on receipt of the opinion dispose of
the appeal in conformity with such opinion
(4) No
judgment shall be delivered by the Supreme Court save in open Court, and no
report shall be made under Article 143 save in accordance with an opinion also
delivered in open Court
(5) No
judgment and no such opinion shall be delivered by the Supreme Court save with
the concurrence of a majority of the Judges present at the hearing of the case,
but nothing in this clause shall be deemed to prevent a Judge who does not
concur from delivering a dissenting judgment or opinion
146. Officers
and servants and the expenses of the Supreme Court
(1) Appointments
of officers and servants of the Supreme Court shall be made by the Chief
Justice of India or such other Judge or officer of the Court as he may direct:---
Provided that the President may by rule require that
in such cases as may be specified in the rule, no person not already attached
to the Court shall be appointed to any office connected with the Court, save
after consultation with the Union Public Service Commission
(2) Subject
to the provisions of any law made by Parliament, the conditions of service of
officers and servants of the Supreme Court shall be such as may be prescribed
by rules made by the Chief Justice of India or by some other Judge or officer
of the Court authorised by the Chief Justice of India to make rules for the
purpose:---
Provided that the rules made under this clause shall,
so far as they relate to salaries, allowances, leave or pensions, require the
approval of the President
(3) The
administrative expenses of the Supreme Court, including all salaries,
allowances and pensions payable to or in respect of the offices and servants of
the Court, shall be charged upon the Consolidated Fund of India, and any fees
or other moneys taken by the court shall form part of that Fund
147. Interpretation
In this Chapter and in Chapter V of Part VI references to any substantial
question of law as to the interpretation of this Constitution shall be
construed as including references to any substantial question of law as to the
interpretation of the Government of India Act, 1935 (including any enactment
amending or supplementing that Act), or of any Order in Council or order made
thereunder, or of the Indian Independence Act, 1947 , or of any order made
thereunder CHAPTER V COMPTROLLER AND AUDITOR GENERAL OF INDIA
148. Comptroller
and Auditor General of
(1) There
shall be a Comptroller and Auditor General of
(2) Every
person appointed to be the Comptroller and Auditor General of
(3) The
salary and other conditions of service of the Comptroller and Auditor General
shall be such as may be determined by Parliament by law and, until they are so
determined, shall be as specified in the Second Schedule:---
Provided that neither the salary of a Comptroller and
Auditor General nor his rights in respect of leave of absence, pension or age
of retirement shall be varied to his disadvantage after his appointment
(4) The
Comptroller and Auditor General shall not be eligible for further office either
under the Government of India or under the Government of any State after he has
ceased to hold his office
(5) Subject
to the provisions of this Constitution and of any law made by Parliament, the
conditions of service of persons serving in the Indian Audit and Accounts
Department and the administrative powers of the Comptroller and Auditor General
shall be such as may be prescribed by rules made by the President after
consultation with the Comptroller and Auditor General
(6) The
Administrative expenses of the office of the Comptroller and Auditor General,
including all salaries, allowances and pensions payable to or in respect of
pensions serving in that office, shall be charged upon the Consolidated Fund of
India
149. Duties
and powers of the Comptroller and Auditor General The Comptroller and Auditor
General shall perform such duties and exercise such powers in relation to the
accounts of the Union and of the States and of any other authority or body as
may be prescribed by or under any law made by Parliament and, until provision
in that behalf is so made, shall perform such duties and exercise such powers
in relation to the accounts of the Union and of the States as were conferred on
or exercisable by the Auditor General of India immediately before the
commencement of this Constitution in relation to the accounts of the Dominion
of India and of the Provinces respectively
150. Form
of accounts of the Union and of the States The accounts of the Union and of the
States shall be kept in such form as the President may, on the advice of the
Comptroller and Auditor General of
151. Audit
reports
(1) The
reports of the Comptroller and Auditor General of
(2) The
reports of the Comptroller and Auditor General of
152. Definition
In this Part, unless the context otherwise, requires, the
153. Governors
of States There shall be Governor for each State:---
Provided that nothing in this article shall prevent
the appointment of the same person as Governor for two or more States
154. Executive
power of State
(1) The
executive power of the State shall be vested in the Governor and shall be
exercised by him either directly or through officers subordinate to him in
accordance with this Constitution
(2) Nothing
in this article shall
(a) be
deemed to transfer to the Governor any functions conferred by any existing law
on any other authority; or
(b) prevent
Parliament or the Legislature of the State from conferring by law functions on
any authority subordinate to the Governor
155. Appointment
of Governor The Governor of a State shall be appointed by the President by
warrant under his hand and seal
156. Term
of office of Governor
(1) The
Governor shall hold office during the pleasure of the President
(2) The
Governor may, by writing under his hand addressed to the President, resign his
office
(3) Subject
to the foregoing provisions of this article, a Governor shall hold for a term
of five years from the date on which he enters upon his office:---
(4) Provided
that a Governor shall, notwithstanding the expiration of his term, continue to
hold office until his successor enters upon his office
157. Qualifications
for appointment as Governor No person shall be eligible for appointment as
Governor unless he is a citizen of
158. Conditions
of Governor office
(1) The
Governor shall not be a member of either House of Parliament or of a House of
the Legislature of any State specified in the First Schedule, and if a member
of either House of Parliament or of a House of the Legislature of any such
State be appointed Governor, he shall be deemed to have vacated his seat in
that House on the date on which he enters upon his office as Governor
(2) The
Governor shall not hold any other office of profit
(3) The
Governor shall be entitled without payment of rent to the use of his official
residences and shall be also entitled to such emoluments, allowances and
privileges as may be determined by Parliament by law and, until provision in
that behalf is so made, such emoluments, allowances and privileges as are
specified in Second Schedule
(3A) Where
the same person is appointed as Governor of two or more States, the emoluments
and allowances payable to the Governor shall be allocated among the States in
such proportion as the President may by order determine
(4) The
emoluments and allowances of the Governor shall not be diminished during his
term of office
159. Oath
or affirmation by Governor Every Governor and every person discharging the
functions of the Governor shall, before entering upon his office, make and
subscribe in the presence of the chief Justice of the High Court exercising
jurisdiction in relation to the State, or, in his absence, the senior most
Judge of that court available, an oath or affirmation in the following form,
that is to say swear in the name of God I, A B, do that I solemnly affirm will
faithfully execute the office of Governor (or discharge the functions of the
Governor) of (name of the State) and will to the best of my ability preserve,
protect and defend the Constitution and the law and that I will devote myself
to the service and well being of the people of (name of the State)
160. Discharge
of the functions of the Governor in certain contingencies The President may make
such provision as he thinks fit for the discharge of the functions of the
Governor of a State in any contingency not provided for in this Chapter
161. Power
of Governor to grant pardons, etc, and to suspend, remit or commute sentences
in certain cases The Governor of a State shall have the power to grant pardons,
reprieves, respites or remissions of punishment or to suspend, remit or commute
the sentence of any person convicted of any offence against any law relating to
a matter to which the executive power of the State extends
162. Extent
of executive power of State Subject to the provisions of this Constitution, the
executive power of a State shall extend to the matters with respect to which
the Legislature of the State has power to make laws:---
Provided that in any matter with respect to which the
Legislature of a State and Parliament have power to make laws, the executive
power of the State shall be subject to, and limited by, the executive power
expressly conferred by the Constitution or by any law made by Parliament upon
the Union or authorities thereof Council of Ministers
163. Council
of Ministers to aid and advise Governor
(1) There
shall be a council of Ministers with the chief Minister at the head to aid and
advise the Governor in the exercise of his functions, except in so far as he is
by or under this constitution required to exercise his functions or any of them
in his discretion
(2) If
any question arises whether any matter is or is not a matter as respects which
the Governor is by or under this Constitution required to act in his
discretion, the decision of the Governor in his discretion shall be final, and
the validity of anything done by the Governor shall not be called in question
on the ground that he ought or ought not to have acted in his discretion
(3) The
question whether any, and if so what, advice was tendered by Ministers to the
Governor shall not be inquired into in any court
164. Other
provisions as to Ministers
(1) The
chief Minister shall be appointed by the Governor and the other Ministers shall
be appointed by the Governor on the advice of the Chief Minister, and the
Ministers shall hold office during the pleasure of the Governor:---
Provided that in the State of Bihar, Madhya Pradesh
and Orissa, there shall be a Minister in charge of tribal welfare who may in
addition be in charge of the welfare of the Scheduled Castes and backward
classes or any other work
(2) The
Council of Ministers shall be collectively responsible to the Legislative
Assembly of the State
(3) Before
a Minister enters upon his office, the Governor shall administer so him the
oaths of office and of secrecy according to the forms set out for the purpose
in the Third Schedule
(4) A
Minister who for any period of six consecutive months is not a member of the
Legislature of the State shall at the expiration of that period cease to be a
Minister
(5) The
salaries and allowances of Ministers shall be such as the Legislature of the
State may from time to time by law determine and, until the Legislature of the
State so determines, shall be as specified in the Second Schedule The Advocate
General for the State
165. Advocate
General for the State
(1) The
Governor of each State shall appoint a person who is qualified to be appointed
a Judge of a High Court to be Advocate General for the State
(2) It
shall be the duty of the Advocate General to give advice to the Government of
the State upon such legal matters, and to perform such other duties of a legal
character, as may from time to time be referred or assigned to him by the
Governor, and to discharge the functions conferred on him by or under this
Constitution or any other law for the time being in force
(3) The
Advocate General shall hold office during the pleasure of the Governor, and
shall receive such remuneration as the Governor may determine Conduct of
Government Business
166. Conduct
of business of the Government of a State
(1) All
executive action of the Government of a State shall be expressed to be taken in
the name of the Governor
(2) Orders
and other instruments made and executed in the name of the Governor shall be
authenticated in such manner as may be specified in rules to be made by the
Governor, and the validity of an order on instruction which is so authenticated
shall not be called in question on the ground that it is not an order or
instrument made or executed by the Governor
(3) The
Governor shall make rules for the more convenient transaction of the business
of the Government of the State, and for the allocation among Ministers of the
said business in so far as it is not business with respect to which the
Governor is by or under this Constitution required to act in his discretion
167. Duties
of Chief Minister as respects the furnishing of information to Governor, etc It
shall be the duty of the Chief Minister of each State
(a) to
communicate to the Governor of the State all decisions of the council of
Ministers relating to the administration of the affairs of the State and
proposals for legislation;
(b) to
furnish such information relating to the administration of the affairs of the
State and proposals for legislation as the Governor may call for; and
(c) if
the Governor so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which
has not been considered by the Council CHAPTER III THE STATE LEGISLATURE
General
168. Constitution
of Legislatures in States
(1) For
every State there shall be a Legislature which shall consist of the Governor,
and
(a) in
the States of Bihar, Madhya Pradesh,
(b) in
other States, one House
(2) Where
there are two Houses of the Legislature of a State, one shall be known as the
Legislative Council and the other as the Legislative Assembly, and where there
is only one House, it shall be known as the Legislative Assembly
169. Abolition
or creation of Legislative Councils in States
(1) Notwithstanding
anything in Article 168, Parliament may by law provide for the abolition of the
Legislative Council of a State having such a Council or for the creation of
such a Council in a State having no such Council, if the Legislative Assembly
of the State passes a resolution to that effect by a majority of the total
membership of the Assembly and by a majority of not less than two thirds of the
members of the Assembly present and voting
(2) Any
law referred to in clause ( 1 ) shall contain such provisions for the amendment
of this Constitution as may be necessary to give effect to the provisions of
the law and may also contain such supplemental, incidental and consequential
provisions as Parliament may deem necessary
(3) No
such law as aforesaid shall be deemed to be an amendment of this Constitution
for the purposes of Article 368
170. Composition
of the Legislative Assemblies
(1) Subject
to the provisions of Article 333, the Legislative Assembly of each State shall
consist of not more than five hundred, and not less than sixty, members chosen
by direct election from territorial constituencies in the State
(2) For
the purposes of clause ( 1 ), each State shall be divided into territorial
constituencies in such manner that the ratio between the population of each
constituency and the number of seats allotted to it shall, so far as
practicable, be the same throughout the State Explanation In this clause, the
expression population means the population as ascertained at the last preceding
census of which the relevant figures have been published:---
Provided that the reference in this Explanation to the
last preceding census of which the relevant figures have been published shall,
until the relevant figures for the first census taken after the year 2000 have
been published, be construed as a reference to the 1971 census
(3) Upon
the completion of each census, the total number of seats in the Legislative
Assembly of each State and the division of each State into territorial
constituencies shall be readjusted by such authority and in such manner as
Parliament may by law determine:---
Provided that such readjustment shall not affect
representation in the Legislative Assembly until the dissolution of the then
existing Assembly:---
Provided further that such readjustment shall take
effect from such date as the President may, by order, specify and until such
readjustment takes effect, any election to the Legislative Assembly may be held
on the basis of the territorial constituencies existing before such
readjustment:---
Provided also that until the relevant figures for the
first census taken after the year 2000 have been published, it shall not be
necessary to readjust the total number of seats in the Legislative Assembly of
each State and the division of such State into territorial constituencies under
this clause
171. Composition
of the Legislative Councils
(1) The
total number of members in the Legislative Council of a State having such a
Council shall not exceed one third of the total number of members in the
Legislative Assembly of that State:---
Provided that the total number of members in the
Legislative Council of a State shall in no case be less than forty
(2) Until
Parliament by law otherwise provides, the composition of the Legislative
Council of a State shall be as provided in clause ( 3 )
(3) Of
the total number of members of the Legislative council of a State
(a) as
nearly as may be, one third shall be elected by electorates consisting of
members of municipalities, district boards and such other local authorities in
the State as Parliament may by law specify;
(b) as
nearly as may be, one twelfth shall be elected by electorates consisting of
persons residing in the State who have been for at least three years graduates
of any university in the territory of India or have been for at least three
years in possession of qualifications prescribed by or under any law made by
Parliament as equivalent to that of a graduate of any such university;
(c) as
nearly as may be, one twelfth shall be elected by electorates consisting of
persons who have been for at least three years engaged in teaching in such
educational institutions within the State, not lower in standard than that of a
secondary school, as may be prescribed by or under any law made by Parliament;
(d) as
nearly as may be, one third shall be elected by the members of the Legislative
Assembly of the State from amongst persons who are not members of the Assembly;
(e) the
remainder shall be nominated by the Governor in accordance with the provisions
of clause ( 5 )
(4) The
members to be elected under sub clauses (a), (b) and (c) of clause ( 3 ) shall
be chosen in such territorial constituencies as may be prescribed by or under
any law made by Parliament, and the election under the said sub clauses and
under sub clause (d) of the said clause shall be held in accordance with the
system of proportional representation by means of the single transferable vote
(5) The
members to be nominated by the Governor under sub clause (e) of clause ( 3 )
shall consist of persons having special knowledge or practical experience in
respect of such matters as the following, namely: Literature, science, art, co
operative movement and social service
172. Duration
of State Legislatures
(1) Every
Legislative Assembly of every State, unless sooner dissolved, shall continue
for five years from the date appointed for its first meeting and no longer and
the expiration of the said period of five years shall operate as a dissolution
of the Assembly:---
Provided that the said period may, while a
Proclamation of Emergency is in operation, be extended by Parliament by law for
a period not exceeding one year at a time and not extending in any case beyond
a period of six months after the Proclamation has ceased to operate
173. Qualification
for membership of the State Legislature A person shall not be qualified to be
chosen to fill a seat in the Legislature of a State unless he
(a) is
a citizen of India, and makes and subscribes before some person authorised in
that behalf by the Election Commission an oath or affirmation according to the
form set out for the purpose in the Third Schedule;
(b) is,
in the case of a seat in the Legislative Assembly, not less than twenty five
years of age and in the case of a seat in the Legislative Council, not less
than thirty years of age; and
(c) possesses
such other qualifications as may be prescribed in that behalf by or under any
law made by Parliament
174. Sessions
of the State Legislature, prorogation and dissolution
(1) The
Governor shall from time to time summon the House or each House of the
Legislature of the State to meet at such time and place as he thinks fit, but
six months shall not intervene between its last sitting in one session and the
date appointed for its first sitting in the next session
(2) The
Governor may from time to time
(a) Prorogue
the House or either House;
(b) dissolve
the Legislative Assembly
175. Right
of Governor to address and send messages to the House or Houses
(1) The
Governor may address the Legislative Assembly or, in the case of a State having
a Legislative Council, either House of the Legislature of the State, or both
Houses assembled together, and may for that purpose require the attendance of
members
(2) The
Governor may sent messages to the House or Houses of the Legislature of the
State, whether with respect to a Bill then pending in the Legislature or
otherwise, and a House to which any message is so sent shall with all
convenient dispatch consider any matter required by the message to be taken
into consideration
176. Special
address by the Governor
(1) At
the commencement of the first session after each general election to the
Legislative Assembly and at the commencement of the first session of each year,
the Governor shall address the Legislative Assembly or, in the case of a State
having a Legislative Council, both House assembled together and inform the
Legislature of the causes of its summons
(2) Provision
shall be made by the rules regulating the procedure of the House or either
House for the allotment of time for discussion of the matters referred to in
such address
177. Rights
of Ministers and Advocate General as respects the Houses Every Minister and the
Advocate General for a State shall have the right to speak in, and otherwise to
take part in the proceedings of, the legislative Assembly of the State or, in
the case of a State having a Legislative Council, both Houses, and to speak in,
and otherwise to take part in the proceedings of, any committee of the
Legislature of which he may be named a member, but shall not, by virtue of this
article, be entitled to vote Officers of the State Legislature
178. The
Speaker and Deputy Speaker of the Legislative Assembly Every Legislative
Assembly of a State shall, as soon as may be, choose two members of the
Assembly to be respectively Speaker and Deputy Speakers thereof and, so often
as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall
choose another member to be Speaker or Deputy Speaker, as the case may be
179. Vacation
and resignation of, and removal from, the offices of Speaker and Deputy Speaker
A member holding office as Speaker or Deputy Speaker of an Assembly
(a) shall
vacate his office if he ceases to be a member of the Assembly;
(b) may
at any time by writing under his hand addressed, if such member is the Speaker,
to the Deputy Speaker, and if such member is the Deputy Speaker, to the
Speaker, resign his office; and Provided that no resolution for the purpose of
clause (c) shall be moved unless at least fourteen days notice has been given
of the intention to move the resolution:---
Provided further that, whenever the Assembly is
dissolved, the Speaker shall not vacate his office until immediately before the
first meeting of the Assembly after the dissolution
180. Power
of the Deputy Speaker or other person to perform the duties of the office of,
or to act as, Speaker
(1) While
the office of Speaker is vacant, the duties of the office shall be performed by
the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such
member of the Assembly as the Governor may appoint for the purpose
(2) During
the absence of the Speaker from any sitting of the Assembly the Deputy Speaker
or, if he is also absent, such person as may be determined by the rules of
procedure of the assembly, or, if no such person is present, such other person
as may be determined by the Assembly, shall act as Speaker
181. The
Speaker or the Deputy Speaker not to preside while a resolution for his removal
from office is under consideration
(1) At
any sitting of the Legislative Assembly, while any resolution for the removal
of the Speaker from his office is under consideration, the Speaker, or while
any resolution for the removal of the Deputy Speaker from his office is under
consideration, the Deputy Speaker, shall not, though he is present, preside,
and the provisions of clause ( 2 ) of Article 180 shall apply in relation to
every such sitting as they apply in relation to a sitting from which the
Speaker or, as the case may be, the Deputy Speaker, is absent
(2) The
Speaker shall have the right to speak in, and otherwise to take part in the
proceedings of, the Legislative Assembly while any resolution for his removal
from office is under consideration in the Assembly and shall, notwithstanding
anything in Article 189, be entitled to vote only in the first instance on such
resolution or on any other matter during such proceedings but not in the case
of an quality of votes
182. The
Chairman and Deputy Chairman of the Legislative Council The Legislative Council
of every State having such Council shall, as soon as may be, choose two members
of the Council to be respectively Chairman and Deputy Chairman thereof and, so
often as the office of Chairman or Deputy Chairman becomes vacant, the Council
shall choose another member to be Chairman or Deputy Chairman, as the case may
be
183. Vacation
and resignation of, and removal from, the offices of Chairman and Deputy
Chairman A member holding office as Chairman or Deputy Chairman of a
Legislative Council
(a) shall
vacate his office if he ceases to be a member of the Council;
(b) may
at any time by writing under his hand addressed, if such member is the
Chairman, to the Deputy Chairman, and if such member is the Deputy chairman, to
the Chairman, resign his office; and
(c) may
be removed from his office by a resolution of the council passed by a majority
of all the then members of the Council:---
Provided that no resolution for the purpose of clause
(c) shall be moved unless at least fourteen days notice has been given of the
intention to move the resolution
184. Power
of the Deputy Chairman or other person to perform the duties of the office of,
or to act as, Chairman
(1) While
the office of Chairman is vacant, the duties of the office shall be performed
by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by
such member of the council as the Governor may appoint for the purpose
(2) During
the absence of the Chairman from any sitting of the Council the Deputy Chairman
or, if he is also absent, such person as may be determined by the rules of
procedure of the Council, or, if no such person is present, such other person
as may be determined by the Council, shall act as Chairman
185. The
Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration
(1) At
any sitting of the Legislative Council, while any resolution for the removal of
the chairman from his office is under consideration, the Chairman, or while any
resolution for the removal of the Deputy Chairman from his office is under
consideration, the Deputy chairman, shall not, though he is present, preside,
and the provisions of clause ( 2 ) of Article 184 shall apply in relation to
every such sitting as they apply in relation to a sitting from which the
Chairman or, as the case may be, the Deputy Chairman is absent
(2) The
Chairman shall have the right to speak in, and otherwise to take part in the
proceedings of, the Legislative Council while any resolution for his removal
from office is under consideration in the Council and shall, notwithstanding
anything in Article 189, be entitled to vote only in the first instance on such
resolution or on any other matter during such proceedings but not in the case
of an equality of votes
186. Salaries
and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy
Chairman There shall be paid to the Speaker and the Deputy Speaker of the
Legislative Assembly, and to the Chairman and the Deputy Chairman of the
Legislative Council, such salaries and allowances as may be respectively fixed
by the Legislature of the State by law and, until provision in that behalf is
so made, such salaries and allowances as are specified in the Second Schedule
187. Secretariat
of State Legislature
(1) The
House or each House of the Legislature of a State shall have a separate
secretarial staff:---
Provided that nothing in this clause shall, in the
case of the Legislature of a State having a Legislative Council, be construed
as preventing the creation of posts common to both Houses of such Legislature
(2) The
Legislature of a State may by law regulate the recruitment, and the conditions
of service of persons appointed, to the secretarial staff of the House or
Houses of the Legislature of the State
(3) Until
provision is made by the Legislature of the State under clause ( 2 ), the
Governor may, after consultation with the Speaker of the Legislative Assembly
or the Chairman of the Legislative Council, as the case may be, make rules
regulating the recruitment, and the conditions of service of persons appointed,
to the secretarial staff of the Assembly or the Council, and any rules so made
shall have effect subject to the provisions of any law made under the said
clause
188. Oath
or affirmation by members Every member of the Legislative Assembly or the
Legislative Council of a State shall, before taking his seat, make and
subscribe before the Governor, or some person appointed in that behalf by him,
an oath or affirmation according to the form set out for the purpose in the
Third Schedule
189. Voting
in Houses, power of Houses to act notwithstanding vacancies and quorum
(1) Save
as otherwise provided in this Constitution, all questions at any sitting of a
House of the legislature of a State shall be determined by a majority of votes
of the members present and voting, other than the Speaker or Chairman, or
person acting as such The Speaker or Chairman, or person acting as such, shall
not vote in the first instance, but shall have and exercise a casting vote in
the case of an equality of votes
(2) A
House of the Legislature of a State shall have power to act notwithstanding any
vacancy in the membership thereof, and any proceedings in the legislature of a
State shall be valid notwithstanding that it is discovered subsequently that
some person who was not entitled so to do sat or voted or otherwise took part
in the proceedings
(3) Until
the Legislature of the State by law otherwise provides, the quorum to
constitute a meeting of a House of the Legislature of a State shall be ten members
or one tenth of the total number of members of the House, whichever is greater
(4) If
at any time during a meeting of the Legislative Assembly or the Legislative
council of a State there is no quorum, it shall be the duty of the Speaker or
Chairman, or person acting as such, either to adjourn the House or to suspend
the meeting until there is a quorum Disqualifications of Members
190. Vacation
of seats
(1) No
person shall be a member of both Houses of the legislature of a State and
provision shall be made by the Legislature of the State by law for the vacation
by a person who is chosen a member of both Houses of his seat in one House or
the other
(2) No
person shall be a member of the legislatures of two or more States specified in
the First Schedule and if a person is chosen a member of the Legislatures of
two or more such States, then, at the expiration of such period as may be
specified in rules made by the President, that persons seat in the Legislatures
of all such States shall become vacant, unless he has previously resigned his
seat in the Legislatures of all but one of the States
(3) If
a member of a House of the Legislature of a State
(a) becomes
subject to any of the disqualifications mentioned in clause ( 1 ) or clause ( 2
) of Article 191; or
(b) resigns
his seat by writing under his hand addressed to the Speaker or the Chairman, as
the case may be, and his resignation is accepted by th Speaker or the Chairman,
as the case may be, his seat shall thereupon becomes vacant:---
Provided that in the case of any resignation referred
to in sub clause (b), if from information received or otherwise and after
making such inquiry as he thinks fit, the Speaker or the Chairman, as the case
may be, is satisfied that such resignation is not voluntary or genuine, he
shall not accept such resignation
(4) If
for a period of sixty days a member of a House of the Legislature of a State is
without permission of the House absent from all meetings thereof, the House may
declare his seat vacant:---
Provided that in computing the said period of sixty
days no account shall be taken of any period during which the House is
prorogued or is adjourned for more than four consecutive days
191. Disqualifications
for membership
(1) A
person shall be disqualified for being chosen as, and for being, a member of
the Legislative Assembly or Legislative Council of a State
(a) if
he holds any office of profit under the Government of India or the Government
of any State specified in the First Schedule, other than an office declared by
the Legislature of the State by law not to disqualify its holder;
(b) if
he is of unsound mind and stands so declared by a competent court;
(c) if
he is an undischarged insolvent;
(d) if
he is not a citizen of
(e) if
he is so disqualified by or under any law made by Parliament Explanation For
the purposes of this clause, a person shall not be deemed to hold an office of
profit under the Government of India or the Government of any State specified
in the First Schedule by reason only that he is a Minister either for the Union
or for such State
(2) A
person shall be disqualified for being a member of the Legislative Assembly or
Legislative Council of a State if he is so disqualified under the Tenth
Schedule
192. Decision
on questions as to disqualifications of members
(1) If
any question arises as to whether a member of a House of the Legislature of a
State has become subject to any of the disqualifications mentioned in clause (
1 ) of Article 191, the question shall be referred for the decision of the
Governor and his decision shall be final
(2) Before
giving any decision on any such question, the Governor shall obtain the opinion
of the Election Commission and shall act according to such opinion
193. Penalty
for sitting and voting before making oath or affirmation under Article 188 or
when not qualified or when disqualified If a person sits or votes as a member
of the Legislative Assembly or the Legislative Council of a State before he has
complied with the requirements of Article 188, or when he knows that he is not
qualified or that he is disqualified for membership thereof, or that he is
prohibited from so doing by the provisions of any law made by Parliament or the
legislature of the State, he shall be liable in respect of each day on which he
so sits or votes to a penalty of five hundred rupees to be recovered as a debt
due to the State Powers, Privileges and Immunities of State Legislatures and
their Members
194. Powers,
privileges, etc, of the House of Legislatures and of the members and committees
thereof
(1) Subject
to the provisions of this Constitution and to the rules and standing orders
regulating the procedure of the Legislature, there shall be freedom of speech
in the Legislature of every State
(2) No
member of the Legislature of a State shall be liable to any proceedings in any
court in respect of anything said or any vote given by him in the Legislature
or any committee thereof, and no person shall be so liable in respect of the
publication by or under the authority of a House of such a Legislature of any
report, paper, votes or proceedings
(3) In
other respects, the powers, privileges and immunities of a House of the
Legislature of a State, and of the members and the committees of a House of
such Legislature, shall be such as may from time to time be defined by the
Legislature by law, and, until so defined, shall be those of that House and of
its members and committees immediately before the coming into force of Section
26 of the Constitution forty fourth Amendment Act, 1978
(4) The
provisions of clauses ( 1 ), ( 2 ) and ( 3 ) shall apply in relation to persons
who by virtue of this Constitution have the right to speak in, and otherwise to
take part in the proceedings of a House of the Legislature of a State or any
committee thereof as they apply in relation to members of that Legislature
195. Salaries
and allowances of members Members of the Legislative Assembly and the
Legislative Council of a State shall be entitled to receive such salaries and
allowances as may from time to time be determined, by the Legislature of the
State by law and, until provision in that respect is so made, salaries and
allowances at such rates and upon such conditions as were immediately before
the commencement of the Constitution applicable in the case of members of the
Legislative Assembly of the corresponding Province Legislative Procedure
196. Provisions
as to introduction and passing of Bills
(1) Subject
to the provisions of Article 198 and 207 with respect o Money Bills and other
financial Bills, a Bill may originate in either House of the Legislature of a
State which has a Legislative Council
(2) Subject
to the provisions of Article 197 and 198, a Bill shall not be deemed to have
been passed by the Houses of the Legislature of a State having a legislative
Council unless it has been agreed to by both Houses, either without amendment
or with such amendments only as are agreed to by both Houses
(3) A
Bill pending in the Legislature of a State shall not lapse by reason of the
prorogation of the House or Houses thereof
(4) A
Bill pending in the Legislative Council of a State which has not been passed by
the Legislative Assembly shall not lapse on a dissolution of the Assembly
(5) A
Bill which is pending in the Legislative Assembly of a State, or which having
been passed by the Legislative Assembly is pending in the Legislative Council,
shall lapse on a dissolution of the Assembly
197. Restriction
on powers of Legislative Council as to Bills other than Money Bills
(1) If
after a Bill has been passed by the Legislative Assembly of a State having a
Legislative Council and transmitted to the Legislative Council
(a) the
Bill is rejected by the Council; or
(b) more
than three months elapse from the date on which the Bill is laid before the
Council without the Bill being passed by it; or
(c) the
Bill is passed by the Council with amendments to which the Legislative Assembly
does not agree; the Legislative Assembly may, subject to the rules regulating
its procedure, pass the Bill again in the same or in any subsequent session
with or without such amendments, if any, as have been made, suggested or agreed
to by the Legislative Council and then transmit the Bill as so passed to the
Legislative Council
(2) If
after a Bill has been so passed for the second time by the Legislative Assembly
and transmitted to the Legislative Council
(a) the
Bill is rejected by the Council; or
(b) more
than one month elapses from the date on which the Bill is laid before the
Council without the Bill being passed by it; or
(c) the
Bill is passed by the Council with amendments to which the Legislative Assembly
does not agree; the Bill shall be deemed to have been passed by the Houses of
the Legislature of the State in the form in which it was passed by the
Legislative Assembly for the second time with such amendments, if any, as have
been made or suggested by the Legislative Council and agreed to by the
Legislative Assembly
(3) Nothing
in this article shall apply to a Money Bill
198. Special
procedure in respect of Money Bills
(1) A
Money Bill shall not be introduced in a Legislative Council
(2) )
After a Money Bill has been passed by the Legislative Assembly of a State
having a Legislative Council, it shall be transmitted to the Legislative
Council for its recommendations, and the Legislative Council shall within a
period of fourteen days from the date of its receipt of the Bill return the
Bill to the Legislative Assembly with its recommendations, and the Legislative
Assembly may thereupon either accept or reject all or any of the
recommendations of the Legislative Council
(3) If
the Legislative Assembly accepts any of the recommendations of the Legislative
Council, the Money Bill shall be deemed to have been passed by both Houses with
the amendments recommended by the Legislative Council and accepted by the
Legislative Assembly
(4) If
the Legislative Assembly does not accept any of the recommendations of the
Legislative Council, the Money Bill shall be deemed to have been passed by both
Houses in the form in which it was passed by the Legislative Assembly without
any of the amendments recommended by the Legislative Council
(5) If
a Money Bill passed by the Legislative Assembly and transmitted to the
Legislative Council for its recommendations is not returned to the Legislative
Assembly within the said period of fourteen days, it shall be deemed to have
been passed by both Houses at the expiration of the said period in the form in
which it was passed by the Legislative Assembly
199. Definition
of Money Bills
(1) For
the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it
contains only provisions dealing with all or any of the following matters,
namely:
(a) the
imposition, abolition, remission, alteration or regulation of any tax;
(b) the
regulation of the borrowing of money or the giving of any guarantee by the
State, or the amendment of the law with respect to any financial obligations undertaken
or to be undertaken by the State;
(c) the
custody of the Consolidated Fund or the Contingency Fund of the State, the
payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the
appropriation of moneys out of the Consolidated Fund of the State;
(e) the
declaring of any expenditure to be expenditure charged on the Consolidated Fund
of the State, or the increasing of the amount of any such expenditure;
(f) the
receipt of money on account of the Consolidated Fund of the State or the public
account of the State or the custody or issue of such money; or
(g) any
matter incidental to any of the matters specified in sub clauses (a) to (f)
(2) A
Bill shall not be deemed to be a Money Bill by reason only that it provides for
the imposition of fines or other pecuniary penalties, or for the demand or
payment of fees for licences or fees for services rendered, or by reason that
it provides for the imposition, abolition, remission, alteration or regulation
of any tax by any local authority or body for local purposes
(3) If
any question arises whether a Bill introduced in the Legislature of a State
which has a Legislative Council is a Money Bill or not, the decision of the
Speaker of the Legislative Assembly of such State thereon shall be final
(4) There
shall be endorsed on every Money Bill when it is transmitted to the Legislative
Council under Article 198, and when it is presented to the Governor for assent
under Article 200, the certificate of the Speaker of the Legislative Assembly
signed by him that it is a Money Bill
200. Assent
to Bills When a Bill has been passed by the Legislative Assembly of a State or,
in the case of a State having a Legislative Council, has been passed by both
Houses of the Legislature of the State, it shall be presented to the Governor
and the Governor shall declare either that he assents to the Bill or that he
withholds assent therefrom or that he reserves the Bill for the consideration
of the President: Provided that the Governor may, as soon as possible after the
presentation to him of the Bill for assent, return the Bill if it is not a
Money Bill together with a message requesting that the House or Houses will
reconsider the Bill or any specified provisions thereof and, in particular,
will consider the desirability of introducing any such amendments as he may
recommend in his message and, when a Bill is so returned, the House or Houses
shall reconsider the Bill accordingly, and if the Bill is passed again by the
House or Houses with or without amendment and presented to the Governor for assent,
the Governor shall not withhold assent therefrom: Provided further that the
Governor shall not assent to, but shall reserve for the consideration of the
President, any Bill which in the opinion of the Governor would, if it became
law, so derogate from the powers of the High Court as to endanger the position
which that Court is by this Constitution designed to fill
201. Bill
reserved for consideration When a Bill is reserved by a Governor for the consideration
of the President, the President shall declare either that he assents to the
Bill or that he withholds assent therefrom: Provided that, where the Bill is
not a Money Bill, the President may direct the Governor to return the Bill to
the House or, as the case may be, the Houses of the Legislature of the State
together with such a message as it mentioned in the first proviso to Article
200 and, when a Bill is so returned, the House or Houses shall reconsider it
accordingly within a period of six months from the date of receipt of such
message and, if it is again passed by the House or Houses with or without
amendment, it shall be presented again to the President for his consideration
Procedure in Financial Matters
202. Annual
financial statement
(1) The
Governor shall in respect of every financial year cause to be laid before the
House or Houses of the Legislature of the State a statement of the estimated
receipts and expenditure of the State for that year, in this Part referred to
as the annual financial statement
(2) The
estimates of expenditure embodied in the annual financial statement shall show
separately
(a) the
sums required to meet expenditure described by this Constitution as expenditure
charged upon the Consolidated Fund of the State; and
(b) the
sums required to meet other expenditure proposed to be made from the
Consolidated Fund of the State; and shall distinguish expenditure on revenue
account from other expenditure
(3) The
following expenditure shall be expenditure charged on the Consolidated Fund of
each State
(a) the
emoluments and allowances of the Governor and other expenditure relating to his
office;
(b) the
salaries and allowances of the Speaker and the Deputy Speaker of the
Legislative Assembly and, in the case of State having a Legislative Council,
also of the Chairman and the Deputy Chairman of the Legislative Council;
(c) debt
charges for which the State is liable including interest, sinking fund charges
and redemption charges, and other expenditure relating to the raising of loans
and the service and redemption of debt;
(d) expenditure
in respect of the salaries and allowances of Judges of any High Court;
(e) any
sums required to satisfy and judgment, decree or award of any court or arbitral
tribunal;
(f) any
other expenditure declared by this Constitution, or by the Legislature of the
State by law, to be so charged
203. Procedure
in Legislature with respect to estimates
(1) So
much of the estimates as relates to expenditure charged upon the Consolidated
Fund of a State shall not be submitted to the vote of the Legislative Assembly,
but nothing in this clause shall be construed as preventing the discussion in
the Legislature of any of those estimates
(2) So
much of the said estimates as relates to other expenditure shall be submitted
in the form of demands for grants to the Legislative Assembly, and the
Legislative Assembly shall have power to assent, or to refuse to assent, to any
demand, or to assent to any demand subject to a reduction of the amount
specified therein
(3) No
demand for a grant shall be made except on the recommendation of the Governor
204. Appropriation
Bills
(1) As
soon as may be after the grants under article 203 have been made by the
Assembly, there shall be introduced a Bill to provide for the appropriation out
of the Consolidated Fund of the State of all moneys required to meet
(a) the
grants so made by the assembly; and
(b) the
expenditure charged on the Consolidated Fund of the State but not exceeding in
any case the amount shown in the statement previously laid before the House or
Houses
(2) No
amendment shall be proposed to any such Bill in the House or either House of
the Legislature of the State which will have the effect of varying the amount
or altering the destination of any grant so made or of varying the amount of
any expenditure charged on the Consolidated Fund of the State, and the decision
of the person presiding as to whether an amendment is inadmissible under this
clause shall be final
(3) Subject
to the provisions of articles 205 and 206, no money shall be withdrawn from the
Consolidated Fund of the State except under appropriation made by law passed in
accordance with the provisions of this article
205. Supplementary,
additional or excess grants
(1) The
Governor shall
(a) if
the amount authorised by any law made in accordance with the provisions of
article 204 to be expended for a particular service for the current financial
year is found to be insufficient for the purposes of that year or when a need
has arisen during the current financial year for supplementary or additional
expenditure upon some new service not contemplated in the annual financial
statement for that year, or
(b) if
any money has been spent on any service during a financial year in excess of
the amount granted for that service and for that year, cause to be laid before
the House or the Houses of the Legislature of the State another statement
showing the estimated amount of that expenditure or cause to be presented to
the Legislative Assembly of the State a demand for such excess, as the case may
be
(2) The
provisions of articles 202, 203 and 204 shall have effect in relation to any
such statement and expenditure or demand and also to any law to be made
authorising the appropriation of moneys out of the Consolidated Fund of the
State to meet such expenditure or the grant in respect of such demand as they
have effect in relation to the annual financial statement and the expenditure
mentioned therein or to a demand for a grant and the law to be made for the
authorisation of appropriation of moneys out of the Consolidated Fund of the
State to meet such expenditure or grant
206. Votes
on account, votes of credit and exceptional grants
(1) Notwithstanding
anything in the foregoing provisions of this Chapter, the Legislative Assembly
of a State shall have power
(a) to
make any grant in advance in respect of the estimated expenditure for a part of
any financial year pending the completion of the procedure prescribed in
article 203 for the voting of such grant and the passing of the law in
accordance with the provisions of article 204 in relation to that expenditure;
(b) to
make a grant for meeting an unexpected demand upon the resources of the State
when on account of the magnitude or the indefinite character of the service the
demand cannot be stated with the details ordinarily given in an annual
financial statement;
(c) to
make an exceptional grant which forms no part of the current service of any
financial year, and the Legislature of the State shall have power to authorise
by law the withdrawal of moneys from the Consolidated Fund of the State for the
purposes for which the said grants are made
(2) The
provisions of articles 203 and 204 shall have effect in relation to the making
of any grant under clause ( 1 ) and to any law to be made under that clause as
they have effect in relation to the making of a grant with regard to any
expenditure mentioned in the annual financial statement and the law to be made
for the authorisation of appropriation of moneys out of the Consolidated Fund
of the State to meet such expenditure
207. Special
provisions as to financial Bills
(1) A
Bill or amendment making provision for any of the matters specified in sub
clause (a) to (f) of clause ( 1 ) of article 199 shall not be introduced or
moved except on the recommendation of the Governor, and a Bill making such
provision shall not be introduced in a Legislative Council: Provided that no
recommendation shall be required under this clause for the moving of an
amendment making provision for the reduction or abolition of any tax
(2) A
Bill or amendment shall not be deemed to make provision for any of the matters
aforesaid by reason only that it provides for the imposition of fines or other
pecuniary penalties, or for the demand or payment of fees for licences or fees
for services rendered, or by reason that it provides for the imposition,
abolition, remission, alteration or regulation of any tax by any local
authority or body for local purposes
(3) A
Bill which, if enacted and brought into operation, would involve expenditure
from the Consolidated Fund of a State shall not be passed by a House of the
Legislature of the State unless the Governor has recommended to that House the
consideration of the Bill Procedure Generally
208. Rules
of procedure
(1) A
House of the Legislature of a State may make rules for regulating subject to
the provisions of this Constitution, its procedure and the conduct of its
business
(2) Until
rules are made under clause ( 1 ), the rules of procedure and standing orders
in force immediately before the commencement of this Constitution with respect
to the Legislature for the corresponding Province shall have effect in relation
to the Legislature of the State subject to such modifications and adaptations
as may be made therein by the Speaker of the Legislative Assembly, or the
Chairman of the Legislative Council, as the case may be
(3) In
a State having a Legislative Council the Governor, after consultation with the
Speaker of the Legislative Assembly and the Chairman of the legislative
Council, may make rules as to the procedure with respect to communications
between the two Houses
209. Regulation
by law of procedure in the Legislature of the State in relation to financial
business The Legislature of a State may, for the purpose of the timely
completion of financial business, regulate by law the procedure of, and the
conduct of business in, the House or Houses of the Legislature of the State in
relation to any financial matter or to any Bill for the appropriation of moneys
out of the Consolidated Fund of the State, and, if and so far as any provision
of any law so made is inconsistent with any rule made by the House or either
House of the Legislature of the State under clause ( 1 ) of article 208 or with
any rule or standing order having effect in relation to the Legislature of the
State under clause ( 2 ) of that article, such provision shall prevail
210. Language
to be used in the Legislature
(1) Notwithstanding
anything in Part XVII, but subject to the provisions of article 348, business
in the Legislature of a State shall be transacted in the official language or
languages of the State or in Hindi or in English: Provided that the Speaker of
the Legislative Assembly or Chairman of the Legislative Council, or person
acting as such, as the case may be, may permit any member who cannot adequately
express himself in any of the languages aforesaid to address the House in his
mother tongue
(2) Unless
the Legislature of the State by law otherwise provides, this article shall,
after the expiration of a period of fifteen years from the commencement of this
Constitution, have effect as if the words or in English were omitted here from:
Provided that in relation to the Legislatures of the States of Himachal
Pradesh, Manipur, Meghalaya and Tripura this clause shall have effect as if for
the words fifteen years occurring therein, the words twenty five years were
substituted: Provided further that in relation to the Legislature of the States
of Arunachal Pradesh, Goa and Mizoram, this clause shall have effect as if for
the words fifteen years occurring therein, the words forty years were
substituted
211. Restriction
on discussion in the Legislature No discussion shall take place in the
Legislature of a State with respect to the conduct of any Judge of the Supreme
Court or of a High Court in the discharge of his duties
212. Courts
not to inquire into proceedings of the Legislature
(1) The
validity of any proceedings in the Legislature of a State shall not be called
in question on the ground of any alleged irregularity of procedure
(2) No
officer or member of the Legislature of a State in whom powers are vested by or
under this Constitution for regulating procedure or the conduct of business, or
for maintaining order, in the Legislature shall be subject to the jurisdiction
of any court in respect of the exercise by him of those powers CHAPTER IV
LEGISLATIVE POWER OF THE GOVERNOR
213. Power
of Governor to promulgate Ordinances during recess of Legislature
(1) If
at any time, except when the Legislative Assembly of a State is in session, or
where there is a Legislative Council in a State, except when both Houses of the
Legislature are in session, the Governor is satisfied that circumstances exist
which render it necessary for him to take immediate action, he may promulgate
such Ordinance as the circumstances appear to him to require: Provided that the
Governor shall not, without instructions from the President, promulgate any
such Ordinance if
(a) a
Bill containing the same provisions would under this Constitution have required
the previous sanction of the President for the introduction thereof into the
Legislature; or
(b) he
would have deemed it necessary to reserve a Bill containing the same provisions
for the consideration of the President; or
(c) an
Act of the Legislature of the State containing the same provisions would under
this Constitution have been invalid unless, having been reserved for the
consideration of the President, it had received the assent of the President
(2) An
Ordinance promulgated under this article shall have the same force and effect
as an Act of Legislature of the State assented to by the Governor, but every
such Ordinance
(a) shall
be laid before the legislative Assembly of the State, or where there is a
Legislative Council in the State, before both the House, and shall cease to
operate at the expiration of six weeks from the reassembly of the Legislature,
or if before the expiration of that period a resolution disapproving it is
passed by the Legislative Assembly and agreed to by the Legislative Council, if
any, upon the passing of the resolution or, as the case may be, on the
resolution being agreed to by the Council; and
(b) may
be withdrawn at any time by the Governor Explanation Where the Houses of the
Legislature of a State having a Legislative Council are summoned to reassemble
on different dates, the period of six weeks shall be reckoned from the later of
those dates for the purposes of this clause
(3) If
and so far as an Ordinance under this article makes any provision which would
not be valid if enacted in an Act of the legislature of the State assented to
by the Governor, it shall be void: Provided that, for the purposes of the
provisions of this Constitution relating to the effect of an Act of the
Legislature of a State which is repugnant to an Act of Parliament or an
existing law with respect to a matter enumerated in the Concurrent List, an
Ordinance promulgated under this article in the Concurrent List, an Ordinance
promulgated under this article in pursuance of instructions from the President
shall be deemed to be an Act of the Legislature of the State which has been
reserved for the consideration of the president and assented to by him CHAPTER
V THE HIGH COURTS IN THE STATES
214. High
Courts for States There shall be a High Court for each State
215. High
Courts to be courts of record Every High Court shall be a court of record and
shall have all the powers of such a court including the power to punish for
contempt of itself
216. Constitution
of High Courts Every High Court shall consist of a Chief Justice and such other
Judges as the President may from time to time deem it necessary to appoint
217. Appointment
and conditions of the office of a Judge of a High Court
(1) Every
Judge of a High Court shall be appointed by the President by warrant under his
hand and seal after consultation with the Chief Justice of India, the Governor
of the State, and, in the case of appointment of a Judge other than the chief
Justice, the chief Justice of the High court, and shall hold office, in the
case of an additional or acting Judge, as provided in Article 224, and in any
other case, until he attains the age of sixty two years Provided that
(a) a
Judge may, by writing under his hand addressed to the President, resign his
office;
(b) a
Judge may be removed from his office by the President in the manner provided in
clause ( 4 ) of Article 124 for the removal of a Judge of the Supreme Court;
(c) the
office of a Judge shall be vacated by his being appointed by the President to
be a Judge of the Supreme Court or by his being transferred by the President to
any other High Court within the
(2) A
person shall not be qualified for appointment as a Judge of a High Court unless
he is a citizen of
(a) has
for at least ten years held a judicial office in the
(b) has
for at least ten years been an advocate of a High Court or of two or more such
Courts in succession; Explanation For the purposes of this clause
(a) in
computing the period during which a person has held judicial office in the
territory of India, there shall be included any period, after he has held any
judicial office, during which the person has been an Advocate of a High Court
or has held the office of a member of a tribunal or any post, under the Union
or a State, requiring special knowledge of law;
(aa) in
computing the period during which a person has been an advocate of a High
Court, there shall be included any period during which the person has held
judicial office or the office of a member of a tribunal or any post, under the
Union or a State, requiring special knowledge of law after he became an
advocate;
(b) in
computing the period during which a person has held judicial office in the
territory of India or been an advocate of High Court, there shall be included
any period before the commencement of this Constitution during which he has
held judicial office in any area which was comprised before the fifteenth day
of August, 1947 , within India as defined by the Government of India Act, 1935
, or has been an advocate of any High Court in any such area, as the case may
be
(3) If
any question arises as to the age of a Judge of a High Court, the question
shall be decided by the President after consultation with the Chief Justice of
India and the decision of the President shall be final
218. Application
of certain provisions relating to Supreme Court to High Courts The provisions
of clauses ( 4 ) and ( 5 ) of Article 124 shall apply in relation to a High
Court as they apply in relation to the Supreme Court with the substitution of
references to the High Court for references to the Supreme Court
219. Oath
or affirmation by Judges of High Courts Every person appointed to be a Judge of
a High Court shall, before he enters upon his office, make and subscribe before
the Governor of the State, or some person appointed in that behalf by him, an
oath or affirmation according to the form set out for the purpose in the Third
Schedule
220. Restriction
on practice after being a permanent Judge No person who, after the commencement
of this Constitution, has held office as a permanent Judge of a High Court
shall plead or act in any court or before any authority in India except the
Supreme Court and the other High Courts Explanation In this article, the
expression High Court does not include a High Court for a State specified in
Part B of the First Schedule as it existed before the commencement of the
Constitution (seventh Amendment) Act, 1956
221. Salaries
etc, of Judges
(1) There
shall be paid to the Judges of each High Court such salaries as may be
determined by Parliament by law and, until provision in that behalf is so made,
such salaries as are specified in the Second Schedule
(2) Every
Judge shall be entitled to such allowances and to such rights in respect of
leave of absence and pension as may from time to time be determined by or under
law made by Parliament and, until so determined, to such allowances and rights
as are specified in the Second Schedule: Provided that neither the allowances
of a Judge nor his rights in respect of leave of absence shall be varied to his
disadvantage after his appointment
222. Transfer
of a Judge from one High Court to another
(1) The
President may, after consultation with the Chief Justice of India, transfer a
Judge from one High Court to any other High Court
(2) When
a Judge has been or is so transferred, he shall, during the period he serves,
after the commencement of the Constitution (Fifteenth Amendment) Act, 1963 , as
a Judge of the other High Court, be entitled to receive in addition to his
salary such compensatory allowance as may be determined by Parliament by law
and, until so determined, such compensatory allowance as the President may by
order fix
223. Appointment
of acting Chief Justice When the office of Chief Justice of High Court is
vacant or when any such Chief Justice is, by reason of absence or otherwise,
unable to perform the duties of his office, the duties of the office shall be
performed by such one of the other Judges of the Court as the President may
appoint for the purposes
224. Appointment
of additional and acting Judges
(1) If
by reason of any temporary increase in the business of High Court or by reason
of arrears of work therein, it appears to the President that the number of the
Judges of that Court should be for the time being increased, the President may
appoint duly qualified persons to be additional Judges of the Court for such
period not exceeding two years as he may specific
(2) When
any Judge of a High Court other than the Chief Justice is by reason of absence
or for any other reason unable to perform the duties of his office or is
appointed to act temporarily as Chief Justice, the President may appoint a duly
qualified person to act as a Judge of that Court until the permanent Judge has
resumed his duties
(3) No
person appointed as an additional or acting Judge of a High Court shall hold
office after attaining the age of sixty two years
224. A
Appointment of retired Judges at sittings of High Courts Notwithstanding
anything in this Chapter, the Chief Justice of a High Court for any State may
at any time, with the previous consent of the President, request any person who
has held the office of Judge of that Court or of any other High Court to sit
and act as a Judge of the High Court for that State, and every such person so
requested shall, while so sitting and acting, be entitled to such allowances as
the President may by order determine and have all the jurisdiction, powers and
privileges of, but shall not otherwise be deemed to be, a Judge of that High
Court: Provided that nothing in this article shall be deemed to require any
such person as aforesaid to sit and act as a Judge of that High Court unless he
consents so to do
225. Jurisdiction
of existing High Courts Subject to the provisions of this Constitution and to
the provisions of any law of the appropriate Legislature made by virtue of
powers conferred on that Legislature by this Constitution, the jurisdiction of,
and the law administered in, any existing High Court, and the respective powers
of the Judges thereof in relation to the administration of justice in the
Court, including any power to make rules of Court and to regulate the sittings
of the Court and of members thereof sitting alone or in Division Courts, shall
be the same as immediately before the commencement of this Constitution:
Provided that any restriction to which the exercise of original jurisdiction by
any of the High Courts with respect to any matter concerning the revenue or
concerning any act ordered or done in the collection thereof was subject
immediately before the commencement of this Constitution shall no longer apply
to the exercise of such jurisdiction
226. Power
of High Courts to issue certain writs
(1) Notwithstanding
anything in Article 32 every High Court shall have powers, throughout the
territories in relation to which it exercise jurisdiction, to issue to any
person or authority, including in appropriate cases, any Government, within
those territories directions, orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of
them, for the enforcement of any of the rights conferred by Part III and for
any other purpose
(2) The
power conferred by clause ( 1 ) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High Court
exercising jurisdiction in relation to the territories within which the cause
of action, wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such Government or authority or the residence
of such person is not within those territories
(3) Where
any party against whom an interim order, whether by way of injunction or stay
or in any other manner, is made on, or in any proceedings relating to, a
petition under clause ( 1 ), without
(a) furnishing
to such party copies of such petition and all documents in support of the plea
for such interim order; and
(b) giving
such party an opportunity of being heard, makes an application to the High
Court for the vacation of such order and furnishes a copy of such application
to the party in whose favour such order has been made or the counsel of such
party, the High Court shall dispose of the application within a period of two
weeks from the date on which it is received or from the date on which the copy
of such application is so furnished, whichever is later, or where the High
Court is closed on the last day of that period, before the expiry of the next
day afterwards on which the High Court is open; and if the application is not
so disposed of, the interim order shall, on the expiry of that period, or, as
the case may be, the expiry of the aid next day, stand vacated
(4) The
power conferred on a High Court by this article shall not be in derogation of
the power conferred on the Supreme court by clause ( 2 ) of Article 32
226. A
Constitutional validity of Central laws not to be considered in proceedings
under Article 226 Omitted
227. Power
of superintendence over all courts by the High Court
(1) Every
High Court shall have superintendence over all courts and tribunals throughout
the territories interrelation to which it exercises jurisdiction
(2) Without
prejudice to the generality of the foregoing provisions, the High Court may
(a) call
for returns from such courts;
(b) make
and issue general rules and prescribe forms for regulating the practice and
proceedings of such courts; and
(c) prescribe
forms in which books, entries and accounts shall be kept by the officers of any
such courts
(3) The
High Court may also settle tables of fees to be allowed to the sheriff and all
clerks and officers of such courts and to attorneys, advocates and pleaders
practising therein: Provided that any rules made, forms prescribed or tables
settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the
provision of any law for the time being in force, and shall require the
previous approval of the Governor
(4) Nothing
in this article shall be deemed to confer on a High Court powers of
superintendence over any court or tribunal constituted by or under any law
relating to the Armed Forces
228. Transfer
of certain cases to High Court If the High Court is satisified that a case
pending in a court subordinate to it involves a substantial question of law as
to the interpretation of this Constitution the determination of which is
necessary for the disposal of the case, it shall withdraw the case and may
(a) either
dispose of the case itself, or
(b) determine
the said question of law and return the case to the court from which the case
has been so withdrawn together with a copy of its judgment on such question,
and the said court shall on receipt thereof proceed to dispose of the case in
confirmity with such judgment
228A. Special
provisions as to disposal of question relating to constitutional validity of
State Laws Rep by the Constitution (Forty third Amendment) Act, 1977 , sec 10,
(w e f 13 4 1978 )
229. Officers
and servants and the expenses of High Courts
(1) Appointments
of officers and servants of a High Court shall be made by the Chief Justice of
the Court or such other Judge or officer of the Court as he may direct:
Provided that the Governor of the State may by rule require that in such cases
as may be specified in the rule no person not already attached to the Court
shall be appointed to any office connected with the Court save after
consultation with the State Public Service Commission
(2) Subject
to the provisions of any law made by the Legislature of the State, the
conditions of service of officers and servants of a High Court shall be such as
may be prescribed by rules made by the Chief Justice of the Court or by some
other Judge or officer of the Court authorised by the Chief Justice to make
rules for the purpose: Provided that the rules made under this clause shall, so
far as they relate to salaries, allowances, leave or pensions, require the approval
of the Governor of the State
(3) The
administrative expenses of a High Court, including all salaries, allowacnes and
pensions payable to or in respect of the officers and servants of the court,
shall be charged upon the Consolidated Fund of the State, and any fees or other
moneys taken by the Court shall form part of that Fund
230. Extension
of jurisdiction of High Courts to Union territories
(1) Parliament
may by law extend the jurisdiction of a High Court to, or exclude the
jurisdiction of a High Court from, any Union territory
(2) Where
the High Court of a State exercises jurisdiction in relation to a Union
territory:
(a) nothing
in this Constitution shall be construed as empowering the Legislature of the
State to increase, restrict or abolish that jurisdiction; and
(b) the
reference in article 227 to the Governor shall, in relation to any rules, forms
or tables for subordinate courts in that territory, be construed as a reference
to the President
231. Establishment
of a common High Court for two or more States
(1) Notwithstanding
anything contained in the preceding provisions of this Chapter, Parliament may
by law establish a common High Court for two or more States or for two or more
States and a Union territory
(2) In
relation to any such High Court,
(a) the
reference in article 217 to the Governor of the State shall be construed as a
reference to the Governors of all the States in relation to which the High
Court exercises jurisdiction;
(b) the
reference in article 227 to the Governor shall, in relation to any rules, forms
or tables for subordinate courts, be construed as a reference to the Governor
of the State in which the Subordinate Courts are situate; and
(c) the
reference in articles 219 and 229 to the State shall be construed as a
reference to the State in which the High Court has its principal seat: Provided
that if such principal seat is in a Union territory, the references in articles
210 and 229 to the Governor, Public Service Commission, Legislature and
Consolidated Fund of the State shall be construed respectively as references to
the President, Union Public Service Commission, Parliament and Consolidated
Fund of India
232. Omitted
by the Constitution 7 th Amendment Act, 1956 CHAPTER VI SUBORDINATE COURTS
233. Appointment
of district judges
(1) Appointments
of persons to be, and the posting and promotion of, district judges in any
State shall be made by the Governor of the State in consultation with the High
Court exercising jurisdiction in relation to such State
(2) A
person not already in the service of the
233. A
Validation of appointments of, and judgments, etc, delivered by, certain
district judges Notwithstanding any judgment, decree or order of any court,
(i) no
appointment of any person already in the judicial service of a State or of any
person who has been for not less than seven years an advocate or a pleader, to
be a district judge in that State, and
(ii) no
posting, promotion or transfer of any such person as a district judge, made at
any time before the commencement of the Constitution (Twentieth Amendment) Act,
1966 , otherwise than in accordance with the provisions of Article 233 or
Article 235 shall be deemed to be illegal or void or ever to have become
illegal or void by reason only of the fact that such appointment, posting,
promotion or transfer was not made in accordance with the said provisions;
(b) no
jurisdiction exercised, no judgment, decree, sentence or order passed or made,
and no other act or proceeding done or taken, before the commencement of the
Constitution (Twentieth Amendment) Act, 1966 by, or before, any person
appointed, posted, promoted or transferred as a district judge in any State
otherwise than in accordance with the provisions of Article 233 or Article 235
shall be deemed to be illegal or invalid or ever to have become illegal or
invalid by reason only of the fact that such appointment, posting, promotion or
transfer was not made in accordance with the said provisions
234. Recruitment
of persons other than district judges to the judicial service Appointment of
persons other than district judges to the judicial service of a State shall be
made by the Governor of the State in accordance with rules made by him in that
behalf after consultation with the State Public Service Commission and with the
High Court exercising jurisdiction in relation to such State
235. Control
over subordinate courts The control over district courts and courts subordinate
thereto including the posting and promotion of, and the grant of leave to,
persons belonging to the judicial service of a State and holding any post
inferior to the post of district judge shall be vested in the High Court, but
nothing in this article shall be construed as taking away from any such person
any right of appeal which he may under the law regulating the conditions of his
service or as authorising the High Court to deal with him otherwise than in
accordance with the conditions of his service prescribed under such law
236. Interpretation
In this Chapter
(a) the
expression district judge includes judge of a city civil court, additional
district judge, joint district judge, assistant district judge, chief judge of
a small cause court, chief presidency magistrate, additional chief presidency
magistrate, sessions judge, additional sessions judge and assistant sessions
judge;
(b) the
expression judicial service means a service consisting exclusively of persons
intended to fill the post of district judge and other civil judicial posts
inferior to the post of district judge
237. Application
of the provisions of this Chapter to certain class or classes of magistrates
The Governor may by public notification direct that the foregoing provisions of
this Chapter and any rules made thereunder shall with effect from such date as
may be fixed by him in that behalf apply in relation to any class or classes of
magistrates in the State as they apply in relation to persons appointed to the judicial
service of the State subject to such exceptions and modifications as may be
specified in the notification
238. Omitted
by the Constitution 7 th Amendment Act, 1956 PART VIII THE
239. Administration
of Union territories
(1) Save
as otherwise provided by Parliament by law, every Union territory shall be
administered by the President acting, to such extent as he thinks fit, through
an administrator to be appointed by him with such designation as he may specify
(2) Notwithstanding
anything contained in Part VI, the President may appoint the Governor of a
State as the administrator of an adjoining Union territory, and where a
Governor is so appointed, he shall exercise his functions as such administrator
independently of his Council of Ministers
239. A
Creation of local Legislatures or Council of Ministers or both for certain
Union territories
(1) Parliament
may by law create for the Union
(a) a
body, whether elected or partly nominated and partly elected, to function as a
Legislature for the Union territory, or
(b) a
Council of Ministers, or both with such constitution, powers and functions, in
each case, as may be specified in the law
(2) Any
such law as is referred to in clause ( 1 ) shall not be deemed to be an
amendment of this Constitution for the purposes of Article 368 notwithstanding
that it contains any provision which amends or has the effect of amending this
Constitution
239B. Power
of administrator to promulgate Ordinances during recess of Legislature
(1) If
at any time, except when the Legislature of the Union territory of Pondicherry
is in session, the administrator thereof is satisfied that circumstances exist
which render it necessary for him to take immediate action, he may promulgate
such Ordinances as the circumstances appear to him to require: Provided that no
such Ordinance shall be promulgated by the administrator except after obtaining
instructions from the President in that behalf: Provided further that whenever
the said legislature is dissolved, or its functioning from the President shall
be deemed to be an Act of the Legislature of the Union territory which has been
duly enacted after complying with the provisions in that behalf contained in
any such law as is referred to in clause ( 1 ) of Article 239A, the
administrator shall not promulgate any Ordinance during the period of such
dissolution or suspension
(2) An
Ordinance promulgated under this article in pursuance of instructions from the
President shall be deemed to be an Act of the Legislature of the Union
territory which has been duly enacted after complying with the provisions in
that behalf contained in any such law as is referred to in clause ( 1 ) of
Article 239A, but every such Ordinance
(a) shall
be laid before the Legislature of the Union territory and shall cease to
operate at the expiration of six weeks from the reassembly of the legislature
or if, before the expiration of that period, a resolution disapproving it is
passed by the Legislature, upon the passing of the resolution; and
(b) may
be withdrawn at any time by the administrator after obtaining instructions from
the President in that behalf
(3) If
and so far as an Ordinance under this article makes any provision which would
not be valid if enacted in an Act of the Legislature of the Union territory
made after complying with the provisions in that behalf contained in any such
law as is referred to in clause ( 1 ) of Article 239A, it shall be void
240. Power
of President to make regulations for certain Union territories
(1) The
President may make regulations for the peace, progress and good government of
the Union territory of
(a) the
Andaman and
(b)
(c) Dadra
and Nagar Haveli;
(d) Daman
and
(e) Pondicherry;
Provided that when any body is created under Article 239A to function as a
Legislature for the Union territories of Pondicherry, the President shall not
make any regulation for the peace, progress and good government of that Union
territory with effect from the date appointed for the first meeting of the
Legislature: Provided further that whenever the body functioning as a Legislature
for the Union territory of Pondicherry is dissolved, or the functioning of that
body as such Legislature remains suspended on account of any action taken under
any such law as is referred to in clause ( 1 ) of Article 239A, the President
may, during the period of such dissolution or suspension, make regulations for
the peace, progress and good government of that Union territory
(2) Any
regulation so made may repeal or amend any Act made by Parliament or any other
law which is for the time being applicable to the Union territory and, when
promulgated by the President, shall have the same force and effect as an Act of
Parliament which applies to that territory
241. High
Courts for Union territories
(1) Parliament
may by law constitute a High Court for a Union territory or declare any court
in any such territory to be a High Court for all or any of the purposes of this
Constitution
(2) The
provisions of Chapter V of Part VI shall apply in relation to every High Court
referred to in clause ( 1 ) as they apply in relation to a High Court referred
to in Article 214 subject to such modifications or exceptions as Parliament may
by law provide
(3) Subject
to the provisions of this Constitution and to the provisions of any law of the
appropriate Legislature made by virtue of powers conferred on that Legislature
by or under this Constitution, every High Court exercising jurisdiction
immediately before the commencement of the Constitution (Seventh Amendment)
Act, 1956 , in relation to any Union territory shall continue to exercise such
jurisdiction in relation to that territory after such commencement
(4) Nothing
in this article derogates from the power of parliament to extend or exclude the
jurisdiction of a High Court for a State to, or from, any Union territory or
part thereof
242. Coorg
Rep by the Constitution (Seventh Amendment) Act, 1956 , Section 29 and Schedule
PART IX THE PANCHAYATS
243. Definitions
In this Part, unless the context otherwise requires,
(a) district
means a district in a State;
(b) Gram
Sabha means a body consisting of persons registered in the electoral rolls
relating to a village comprised within the area of Panchayat at the village
level;
(c) intermediate
level means a level between the village and district levels specified by the
Governor of a State by public notification to be the intermediate level for the
purposes of this Part;
(d) Panchayat
means an institution (by whatever name called) of self government constituted
under article 243B, for the rural areas;
(e) Panchayat
area means the territorial area of a Panchayat;
(f) population
means the population as ascertained at the last preceding census of which the
relevant figures have been published;
(g) village
means a village specified by the Governor by public notification to be a
village for the purposes of this Part and includes a group of villages so
specified
243A. Gram
Sabha A Gram Sabha may exercise such powers and perform such functions at the
village level as the Legislature of a State may by law, provide
243B. Constitution
of Panchayats
(1) There
shall be constituted in every State, Panchayats at the village, intermediate
and district levels in accordance with the provisions of this Part
(2) Notwithstanding
anything in clause ( 1 ), Panchayats at the intermediate level may not be
constituted in a State having a population not exceeding twenty lakhs
243C. Composition
of Panchayats
(1) Subject
to the provisions of this Part, the Legislature of a State may, by law, make
provisions with respect to the composition of Panchayts: Provided that the
ratio between the population of the territorial area of a Panchayat at any
level and the number of seats in such Panchayat to be filled by election shall,
so far as practicable, be the same throughout the State,
(2) All
the seats in a Panchayat shall be filled by persons chosen by direct election
from territorial constituencies in the Panchayat area and, for this purpose,
each Panchayat area shall be divided into territorial constituencies in such
manner that the ratio between the population of each constituency and the
number of seats allotted to it shall, so far as practicable, be the same
throughout the Panchayat area
(3) The
Legislature of a State may, by law, provide for the representation
(a) of
the Chairpersons of the Panchayats at the village level, in the Panchayats at
the intermediate level or, in the case of a State not having Panchayats at the
intermediate level, in the Panchayats at the district level;
(b) if
the Chairpersons of the Panchayats at the intermediate level, in the Panchayats
at the district level;
(c) of
the members of the House of the People and the members of the Legislative
Assembly of the State representing constituencies which comprise wholly or
partly a Panchayat area at a level other than the village level, in such
Panchayat;
(d) of
the members of the Council of States and the members of the Legislative Council
of the State, where they are registered as electors within
(i) a
Panchayat area at the intermediate level, in Panchayat at the intermediate
level;
(ii) a
Panchayat area at the district level, in Panchayat at the district level
(4) The
Chairperson of a Panchayat and other members of a Panchayat whether or not chosen
by direct election from territorial constituencies in the Panchayat area shall
have the right to vote in the meetings of the Panchayats
(5) The
Chairperson of
(a) Panchayat
at the village level shall be elected in such manner as the Legislature of a
State may, by law, provide; and
(b) a
Panchayat at the intermediate level or district level, shall be elected by, and
from amongst, the elected members thereof
243D. Reservation
of seats
(1) Seats
shall be reserved for
(a) the
Scheduled Castes; and
(b) the
Scheduled Tribes, in every Panchayat and the number of seats so reserved shall
bear, as nearly as may be, the same proportion to the, total number of seats to
be filled by direct election in that Panchayat as the population of the
Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that
Panchayat area bears to the total population of that area and such seats may be
allotted by rotation to different constituencies in a Panchayat
(2) Not
less than one third of the total number of seats reserved under clause ( 1 )
shall be reserved for women belonging, to the Scheduled Castes or, as the case
may be, the Scheduled Tribes
(3) Not
less than one third (including the number of seats reserved for women belonging
to the Scheduled Castes and the Scheduled Tribes) of the total number of seats
to be filled by direct election in every Panchayat shall be reserved for women
and such seats may be allotted by rotation to different constituencies in a
Panchayat
(4) The
offices of the Chairpersons in the Panchayats at the village or any other level
shall be reserved for the Scheduled Castes the Scheduled Tribes and women in
such manner as the Legislature of a State may, by law, provide: Provided that
the number of offices of Chairpersons reserved for the Scheduled Castes and the
Scheduled Tribes in the Panchayats at each level in any State shall bear, as
nearly as may be, the same proportion to the total number of such offices in
the Panchayats at each level as the population of the Scheduled Castes in the
State or of the Scheduled Tribes in the State bears to the total population of
the State: Provided further that not less than one third of the total number of
offices of Chairpersons in the Panchayats at each level shall be reserved for
women: Provided also that the number of offices reserved under this clause
shall be allotted by rotation to different Panchayats at each level
(5) The
reservation of seats under clauses ( 1 ) and ( 2 ) and the reservation of
offices of Chairpersons (other than the reservation for women) under clause ( 4
) shall cease to have effect on the expiration of the period specified in
article 334
(6) Nothing
in this Part shall prevent the Legislature of a State from making any provision
for reservation of seats in any Panchayat or offices of Chairpersons in the
Panchayats at any level in favour of backward class of citizens
243E. Duration
of Panchayats, etc
(1) Every
Panchayat, unless sooner dissolved under any law for the time being in force,
shall continue for five years from the date appointed for its first meeting and
no longer
(2) No
amendment of any law for the time being in force shall have the effect of
causing dissolution of a Panchayat at any level, which is functioning
immediately before such amendment, till the expiration of its duration
specified in clause ( 1 )
(3) An
election to constitute a Panchayat shall be completed
(a) before
the expiry of its duration specified in clause ( 1 );
(b) before
the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved
Panchayat would have continued is less than six months, it shall not be
necessary to hold any election under this clause for constituting the Panchayat
(4) A
Panchayat constituted upon the dissolution of a Panchayat before the expiration
of its duration shall continue only for the remainder of the period for which
the dissolved Panchayat would have continued under clause ( 1 ) had it not been
so dissolved
243F. Disqualifications
for membership
(1) A
person shall be disqualified for being chosen as, and for being, a member of a
Panchayat
(a) if
he is so disqualified by or under any law for the time being in force for the
purposes of elections to the Legislature of the State concerned: Provided that
no person shall be disqualified on the ground that be is less than twenty five
years of age, if he has attained the age of twenty one years;
(b) if
he is so disqualified by or under any law made by the Legislature of the State
(2) If
any question arises as to whether a member of a Panchayat has become subject to
any of the disqualifications mentioned in clause ( 1 ), the question shall be
referred for the decision of such authority and in such manner as the
Legislature of a State may, by law, provide
243G. Powers,
authority and responsibilities of Panchayats Subject to the provisions of this
Constitution the Legislature of a State may, by law, endow the Panchayats with
such powers and authority and may be necessary to enable them to function as
institutions of self government and such law may contain provisions for the
devolution of powers and responsibilities upon Panchayats, at the appropriate
level, subject to such conditions as may be specified therein, with respect to
(a) the
preparation of plans for economic development and social justice;
(b) the
implementation of schemes for economic development and social justice as may be
entrusted to them including those in relation to the matters listed in the
Eleventh Schedule
243H. Powers
to impose taxes by, and funds of, the Panchayats The Legislature of a State
may, by law,
(a) authorise
a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees
in accordance with such procedure and subject to such limits;
(b) assign
to a Panchayat such taxes, duties, tolls and fees levied and collected by the
State Government for such purposes and subject to such conditions and limits;
(c) provide
for making such grants in aid to the Panchayats from the Consolidated Fund of
the State; and
(d) provide
for constitution of such Funds for crediting all moneys received, respectively,
by or on behalf of the Panchayats and also for the withdrawal of such moneys
therefrom, as may be specified in the law
243I. Constitution
of finance Commissions to review financial position
(1) The
Governor of a State shall, as soon as may be within one year from the
commencement of the Constitution (Seventy third Amendment) Act, 1992 , and
thereafter at the expiration of every fifth year, constitute a Finance
Commission to review the financial position of the Panchayats and to make
recommendations to the Governor as to
(a) the
principles which should govern
(i) the
distribution between the State and the Panchayats of the net proceeds of the
taxes, duties, tolls and fees leviable by the State, which may be divided
between them under this Part and the allocation between the Panchayats at all
levels of their respective shares of such proceeds;
(ii) the
determination of the taxes, duties, tolls and fees which may be assigned to, or
appropriated by, the Panchayats;
(iii) the
grants in aid to the Panchayats from the Consolidated Fund of the State;
(b) the
measures needed to improve the financial position of the Panchayats;
(c) any
other matter referred to the Finance Commission by the Governor in the
interests of sound finance of the Panchayats
(2) The
Legislature of a State may, by law, provide for the composition of the
Commission, the qualifications which shall be requisite for appointment as
members thereof and the manner in which they shall be selected
(3) The
Commission shall determine their procedure and shall have such powers in the
performance of their functions as the Legislature of the State may, by law,
confer on them,
(4) The
Governor shall cause every recommendation made by the Commission under this
article together with an explanatory memorandum as to the action taken thereon
to be laid before the Legislature of the State
243J. Audit
of accounts of Panchayats The Legislature of a State may, by law, make
provisions with respect to the maintenance of accounts by the Panchayats and
the auditing of such accounts
243K. Elections
to the Panchayats The superintendence, direction and control of the preparation
of electoral rolls for, and the conduct of, all elections to the Panchayats
shall be vested in a State Election Commission consisting of a State Election
Commissioner to be appointed by the Governor
(2) Subject
to the provisions of any law made by the Legislature of a State the conditions
of service and tenure of office of the State Election Commissioner shall be
such as the Governor may by rule determine: Provided that the State Election
Commissioner shall not be removed from his office except in like manner and on
the like ground as a Judge of a High Court and the conditions of service of the
State Election Commissioner shall not be varied to his disadvantage after his
appointment
(3) The
Governor of a State shall, when so requested by the State Election Commission,
make available to the State Election Commission such staff as may be necessary
for the discharge of the functions conferred on the State Election Commission
by clause ( 1 )
(4) Subject
to the provisions of this Constitution, the Legislature of a State may, by law,
make provision with respect to all matters relating to, or in connection with,
elections to the Panchayats
243L. Application
to Union territories The provisions of this Part shall apply to the Union
territories and shall, in their application to a Union territory, have effect
as if the references to the Governor of a State were references to the
Administrator of the Union territory appointed under 239 and references to the
Legislature or the Legislative Assembly of a State were references, in relation
to a Union territory having a Legislative Assembly, to that Legislative
Assembly: Provided that the President may, by public notification, direct that
the provisions of this Part shall apply to any Union territory or part thereof
subject to such exceptions and modifications as he may specify in the
notification
243M. Part
not to apply to certain areas
(1) Nothing
in this Part shall apply to the Scheduled Areas referred to in clause ( 1 ),
and the tribal areas referred to in clause ( 2 ), of article 244
(2) Nothing
in this Part shall apply to
(a) the
States of Nagaland, Meghalaya and Mizoram;
(b) the
Hill areas in the State of Manipur for which District Councils exist under any
law for the time being in force
(3) Nothing
in this Part
(a) relating
to Panchayats at the district level shall apply to the Hill areas of the
District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha
Hill Council exists under any law for the time being in force;
(b) shall
be construed to affect the functions and powers of the Darjeeling Gorkha Hill
Council constituted under such law
(4) Notwithstanding
anything in this Constitution
(a) the
Legislature of a State referred to in sub clause (a) of clause ( 2 ) may, by
law, extend this Part to that State, except the areas, if any, referred to in
clause ( 1 ), if the Legislative Assembly of that State passes a resolution to
that effect by a majority of the total membership of that House and by a majority
of not less than two thirds of the members of that house present and voting;
(b) Parliament
may, by law, extend the provisions of this Part to the Scheduled Areas and the
tribal areas referred to in clause ( 1 ) subject to such exceptions and
modifications as may be specified in such law, and no such law shall be deemed
to be an amendment of this Constitution for the purposes of Article 368
243N. Continuance
of existing laws and Panchayats Notwithstanding anything in this Part, any
provision of any law relating to Panchayats in force in a State immediately
before commencement of the Constitution (Seventy third Amendment) Act, 1992 ,
which is inconsistent with the provisions of this part, shall continue to be in
force until amended or repealed by a competent Legislature other competent
authority or until the expiration of one year from such commencement whichever
is earlier: Provided that all the Panchayats existing immediately before such
commencement shall continue till the expiration of their duration, unless
sooner dissolved by a resolution passed to that effect by the Legislative
Assembly of that State or, in the case of a State having a Legislative Council,
by each house of the Legislature of that State
243O. Bar
to interference by courts in electoral matters Notwithstanding anything in this
Constitution
(a) the
validity of any law relating to the delimitation of constituencies or the
allotment of seats to such constituencies made or purporting to be made under
article 243K, shall not be called in question in any court;
(b) no
election to any Panchayat shall be called in question except by an election
petition presented to such authority and in such manner as is provided for by
or under any Law made by the legislature of a State PART IX A THE
MUNICIPALITIES
243P. Definitions
In this Part, unless the context otherwise requires,
(a) Committee
means a Committee constituted under article 243S;
(b) district
means a district in a State;
(c) Metropolitan
area means an area having a population of ten lakhs or more, comprised in one
or more districts and consisting of two or more Municipalities or Panchayats or
other contiguous areas, specified by the Governor by public notification to be
Metropolitan area for the purposes of this Part;
(d) Municipal
area means the territorial area of a Municipality as is notified by the
Governor;
(e) Municipality
means an institution of self government constituted under Article 243Q;
(f) Panchayat
means a Panchayat constituted under Article 243B;
(g) population
means the population as ascertained at the last preceding census of which the
relevant figures have been published
243Q. Constitution
of Municipalities
(1) There
shall be constituted in every State,
(a) a
Nagar Panchayat (by whatever name called) for a transitional area, that is to
say, an area in transition from a rural area to an urban area
(b) a
Municipal Council for a smaller urban area; and
(c) a
Municipal Corporation for a larger urban area, in accordance with the
provisions of this Part: Provided that a Municipality under this clause may not
be constituted in such urban area or part thereof as the Governor may, having
regard to the size of tile area and the municipal services being provided or
proposed to be provided by an industrial establishment in that area and such
other factors as he may deem fit, by public notification, specify to be an
industrial township
(2) In
this article, a transitional area, a smaller urban area or a larger urban area
means such area as the Governor may, having regard to the population of the
area, the density of the population therein, the revenue generated for local
administration, the percentage of employment in non agricultural activities,
the economic importance or such other factors as he may deem fit, specify by
public notification for the purposes of this Part
243R. Composition
of Municipalities
(1) Save
as provided in clause ( 2 ), all the seats in a Municipality shall be filled by
persons chosen by direct election from the territorial constituencies in the
Municipal area and for this purpose each Municipal area shall be divided into
territorial constituencies to be known as wards
(2) The
Legislature of a State may, by law, provide
(a) for
the representation in a Municipality of
(i) persons
having special knowledge or experience in Municipal administration;
(ii) the
members of the House of the People and the members of the Legislative Assembly
of the State representing constituencies which comprise wholly or partly the
Municipal area;
(iii) the
members of the Council of States and the members of the Legislative Council of
the State registered electors within tile Municipal area;
(iv) the
Chairpersons of the Committees constituted under clause ( 5 ) of article 243S:
Provided that the persons referred to in paragraph (i) shall not have the right
to vote in the meetings of the Municipality;
(b) the
manner of election of the Chairperson of a Municipality
243S. Constitution
and composition of wards Committees, etc
(1) There
shall be constituted Wards Committees, consisting of one or more Wards, within
the territorial area of a Municipality having a population of three lakhs or
more
(2) The
Legislature of a State may, by law, make provision with respect to
(a) the
composition and the territorial area of a Wards Committee;
(b) the
manner in which the seats in a Wards Committee shall be filled
(3) A
member of a Municipality representing a ward within the territorial area of the
Wards Committee shall be a member of that Committee
(4) Where
a Wards Committee consists of
(a) one
ward, the member representing that ward in the Municipality; or
(b) two
or more wards, one of the members representing such wards in the Municipality
elected by the members of the Wards Committee, shall be the Chairperson of that
Committee
(5) Nothing
in this article shall be deemed to prevent the Legislature of a State from
making any provision for the Constitution of Committees in addition to the
Wards Committees
243T. Reservation
of seats
(1) Seats
shall be reserved for the Scheduled Castes and the Scheduled Tribes in every
Municipality and the number of seats so reserved shall bear, as nearly as may
be, the same proportion to the total number of seats to be filled by direct
election in that Municipality as the population of the Scheduled Castes in the
Municipal area or of the Scheduled Tribes in the Municipal area bears to the
total population of that area and such seats may be allotted by rotation to
different constituencies in a Municipality
(2) Not
less than one third of the total number of seats reserved under clause ( 1 )
shall be reserved for women belonging to the Scheduled Castes or, as the case
may be, the Scheduled Tribes
(3) Not
less than one third (including the number of seats reserved for women belonging
to the Scheduled Castes and the Scheduled Tribes) of the total number of seats
to be filled by direct election in every Municipality shall be reserved for
women and such seats may be allotted by rotation to different constituencies in
a Municipality
(4) The
offices of Chairpersons in the Municipalities shall be reserved for the
Scheduled Castes, the Scheduled Tribes and women in such manner as the
Legislature of a State may, by law, provide
(5) The
reservation of seats under clauses ( 1 ) and ( 2 ) and the reservation of
offices of Chairpersons (other than the reservation for women) under clause ( 4
) shall cease to have effect on the expiration of the period specified in
article 334
(6) Nothing
in this Part shall prevent the Legislature of a State from making any provision
for reservation of seats in any Municipality or offices of Chairpersons in the
Municipalities in favour of backward class of citizens
243U. Duration
of Municipalities, etc
(1) Every
Municipality, unless sooner dissolved under any law for the time being in
force, shall continue for five years from the date appointed for its first
meeting and no longer: Provided that a Municipality shall be given a reasonable
opportunity of being heard before its dissolution
(2) No
amendment of any law for the time being in force shall have the effect of
causing dissolution of a Municipality at any level, which is functioning
immediately before such amendment, till the expiration of its duration
specified in clause ( 1 )
(3) An
election to Constitute a Municipality shall be completed,
(a) before
the expiry of its duration specified in clause ( 1 );
(b) before
the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved
Municipality would have continued is less than six months, it shall not be
necessary to hold any election under this clause for constituting the
Municipality for such period
(4) A
Municipality constituted upon the dissolution of a Municipality before the
expiration of its duration shall continue only for the remainder of the period
for which the dissolved Municipality would leave continued under, clause ( 1 )
had it not been so dissolved
243V. Disqualifications
for membership
(1) A
person shall be disqualified for being chosen as, and for being a member of a
Municipality
(a) if
he is so disqualified by or under any law for the time being in force for the
purposes of elections to the Legislature of the State concerned: Provided that
no person shall be disqualified on the ground that he is less than twenty five
years of age, if he has attained the age, of twenty one years;
(b) if
he is so disqualified by or under any law made by the Legislature of the State
(2) If
any question arises as to whether a member of a Municipality has become subject
to any of the disqualifications mentioned in clause ( 1 ), the question shall
be referred for the decision of such authority and in such manner as the
Legislature of a State may, by law, provide
243W. Powers,
authority and responsibilities of Municipalities, etc Subject to the provisions
of this Constitution, the Legislature of a State may, by law, endow
(a) the
Municipalities with such powers and authority as may be necessary to enable
them to function as institutions of self government and such law may contain
provisions for the devolution of powers and responsibilities upon
Municipalities, subject to such conditions as may be specified therein, with
respect to
(i) the
preparation of plans for economic development and social justice;
(ii) the
performance of functions and the implementation of schemes as may be entrusted
to them including those in relation to the matters listed in the Twelfth
Schedule;
(b) the
Committees with such powers and authority as may be necessary to enable them to
carry out the responsibilities conferred upon them including those in relation
to the matters listed in the Twelfth Schedule
243X. Power
to impose taxes by, and funds, of, the Municipalities The Legislature of a
State may, by law
(a) authorise
a Municipality to levy, collect and appropriate such taxes, duties, tolls and
fees in accordance with such procedure and subject to such limits;
(b) assign
to a Municipality such taxes, duties, tolls and fees levied and collected by
the State Government for such purposes and subject to such conditions and
limits;
(c) provide
for making, such grants in aid to the Municipalities from the Consolidated Fund
of the State; and
(d) provide
for constitution of such Funds for crediting all moneys received respectively,
by or on behalf of the Municipalities and also for the withdrawal of such
moneys therefrom, as may be specified in the law
243Y. Finance
Commission
(1) The
Finance Commission constituted under article 243 I shall also review the
financial position of the Municipalities and make recommendations to the
Governor as to
(a) the
principles which should govern
(i) the
distribution between the State and the Municipalities of the net proceeds of
the taxes, duties, tolls and fees leviable by the State, which may be divided
between them under this Part and the allocation between the Municipalities at
all levels of their respective shares of such proceeds;
(ii) the
determination of the taxes, duties, tolls and fees which may be assigned to, or
appropriated by, the Municipalities;
(iii) the
grants in aid to the Municipalities from the Consolidated Fund of the State;
(b) the
measures needed to improve the financial position of the Municipalities;
(c) any
other matter referred to the Finance Commission by the Governor in the
interests of sound finance of the Municipalities
(2) The
Governor shall cause every recommendation made by the Commission under this
article together with an explanatory memorandum as to the action taken thereon
to be laid before the Legislature of the State
243Z. Audit
of accounts of Municipalities The Legislature of a State may, by law, make
provisions with respect to the maintenance of accounts by the Municipalities
and the auditing of such accounts
243Z. A
Elections to the Municipalities
(1) The
superintendence, direction and control of the preparation of electoral rolls
for, and the conduct of, all elections to the Municipalities shall be vested in
the State Election Commission referred to in article 243K
(2) Subject
to provisions of this Constitution, the Legislature of a State may, by law,
make provision with respect to all matters relating to, or in connection with,
elections to the Municipalities
243Z. B
Application to Union territories The Provisions of this Part shall apply to the
Union territories and shall, in their application to a Union territory, have
effect as if the references to the Governor of a State were references to the
Administrator of the Union territory appointed under article 239 and references
to the Legislature or the Legislative Assembly of a State were references in
relation to a Union territory having a Legislative Assembly, to that
Legislative Assembly: Provided that the President may, by public notification,
direct that the provisions of this Part shall apply to any Union territory or
part thereof subject to such exceptions and modifications as he may specify in
the notification
243Z. C
Part not to apply to certain areas
(1) Nothing
in this Part shall apply to the Scheduled Areas referred to in Clause ( 1 ),
and the tribal areas referred to in Clause ( 2 ), of article 244
(2) Nothing
in this part shall be construed to affect the functions and powers of the
Darjeeling Gorkha Hill Council constituted under any law for the time being in
force for the hill areas of the district of Darjeeling in the State of
(3) Notwithstanding
anything in this Constitution, Parliament may, by law, extend the provisions of
this Part to the Scheduled Areas and the Tribal Areas referred to in clause ( 1
) subject to such exceptions and modifications as may be specified in such law,
and no such law shall be deemed to be an amendment of this Constitution for the
purposes of article 368
243Z. D
Committee for district planning
(1) There
shall be constituted in every State at the district level a District Planning
Committee to consolidate the plans prepared by the Panchayats and the
Municipalities in the district and to prepare a draft development plan for the
district as a whole
(2) The
Legislative of a State may, by law, make provision with respect to
(a) the
composition of the District Planning Committees;
(b) the
manner in which the seats in such Committees shall be filled: Provided that not
less than four fifths of the total number of members of such Committee shall be
elected by, and from amongst, the elected members of the Panchayat at the
district level and of the Municipalities in the district in proportion to the
ratio between the population of the rural areas and of the urban areas in the
district;
(c) the
functions relating to district planning which may be assigned to such
Committees;
(d) the
manner in which the Chairpersons of such Committees be chosen
(3) Every
District Planning Committee shall, in preparing the draft development plan,
(a) have
regard to
(i) matters
of common interest between the Panchayats and the Municipalities including
spatial planning, sharing of water and other physical and natural resources,
the integrate development of infrastructure and environmental conservation;
(ii) the
extent and type of available resources whether financial or otherwise;
(b) consult
such institutions and organizations as the Governor may, by order, specify
(4) The
Chairperson of every District Planning Committee shall forward the development
plan, as recommended by such Committee, to the Government of the State
243Z. E
Committee for Metropolitan Planning
(1) There
shall be constituted in every Metropolitan, area a Metropolitan Planning
Committee to prepare a draft development plan for the Metropolitan area as a
whole
(2) The
Legislature of a State may, by law, make with respect to
(a) the
composition of the Metropolitan Planning Committees;
(b) the
manner in which the seats in such Committees shall be filled: Provided that not
less than two thirds of the members of such Committee shall be elected by, and
from amongst, the elected members of the Municipalities and Chairpersons of the
Panchayats in the, Metropolitan area in proportion to the ratio between the
population of the Municipalities and of the Panchayats in that area;
(c) the
representation, in such Committees of the Government of India and the
Government of the State and of such organisations and institutions as may be
deemed necessary for carrying out the functions assigned to such Committees;
(d) the
functions relating to planning and coordination for the Metropolitan area which
may be assigned to such Committees;
(e) the
manner in which the Chairpersons of such Committees shall be chosen
(3) Every
Metropolitan Planning Committee shall, in preparing the draft development plan,
(a) have
regard to
(i) the
plans prepared by the Municipalities and the Panchayats in the Metropolitan
area;
(ii) matters
of common interest between the Municipalities and the Panchayats, including co
ordinated spatial planning of the area, sharing of water and other physical and
natural resources, the integrated development of infrastructure and
environmental conservation;
(iii) the
overall objectives and priorities set by the Government of India and the
Government of the State;
(iv) the
extent and nature of investments likely to be made in the Metropolitan area by
agencies of the Government of India and of the Government of the State and
other available resources whether financial or otherwise;
(b) consult
such institutions and organisations as the Governor may, by order, specify
(4) The
Chairperson of every Metropolitan Planning Committee shall forward the
development plan, as recommended by such Committee, to the Government of the
State
243Z. F
Continuance of existing laws and Municipalities Notwithstanding anything in
this Part, any provision of any law relating to Municipalities in force in a
State immediately before the commencement of the Constitution (Seventy fourth
Amendment) Act, 1992 , which is inconsistent with the provisions of this Part,
shall continue to be in force until amended or repealed by a competent
Legislature or other competent authority or until the expiration of one year
from such commencement, whichever is earlier: Provided that all the
Municipalities existing immediately before such commencement shall continue
till the expiration of their duration, unless sooner dissolved by a resolution
passed to that effect by the Legislative Assembly of that State or, in the case
of a State having a Legislative Council, by each House of the Legislature of
that State
243Z. G
Bar to interference by courts in electoral matters Notwithstanding anything in
this Constitution,
(a) the
validity of any law relating to the delimitation of constituencies or the
allotment of seats to such constituencies, made or purporting to be made under
article 243Z A shall not be called in question in any court;
(b) no
election to any Municipality shall be called in question expect by an election
petition presented to such authority and in such manner as is provided for by
or under any law made by the Legislature of a State PART X THE SCHEDULED AND
TRIBAL AREAS
244. Administration
of Scheduled Areas and Tribal Areas
(1) The
provisions of the Fifth Schedule shall apply to the administration and control
of the Scheduled Areas and Scheduled Tribes in any State other than the States
of Assam Meghalaya, Tripura and Mizoram
244A. Formation
of an autonomous State comprising certain tribal areas in
(1) Notwithstanding
anything in this Constitution, Parliament may, by law, form within the State of
Assam an autonomous State comprising (whether wholly or in part) all or any of
the tribal areas specified in Part I of the table appended to paragraph 20 of
the Sixth Schedule and create therefor
(a) a
body, whether elected or partly nominated and partly elected, to function as a
Legislature for the autonomous State, or
(b) a
Council of Ministers, or both with such constitution, powers and functions, in
each case, as may be specified in the law
(2) Any
such law as is referred to in clause ( 1 ) may, in particular,
(a) specify
the matters enumerated in the State List or the Concurrent List with respect to
which the legislature of the autonomous State shall have power to make laws for
the whole or any part thereof, whether to the exclusion of the Legislature of
the State of Assam or otherwise;
(b) define
the matters with respect to which the executive power of the autonomous State
shall extend;
(c) provide
that any tax levied by the State of Assam shall be assigned to the autonomous
State in so far as the proceeds thereof are attributable to the autonomous
State;
(d) provide
that any reference to a State in any article of this Constitution shall be
construed as including a reference to the autonomous State; and
(e) make
such supplemental, incidental and consequential provisions as may be deemed
necessary
(3) An
amendment of any such law as aforesaid in so far as such amendment relates to
any of the matters specified in sub clause (a) or sub clause (b) of clause ( 2
) shall have no effect unless the amendment is passed in each House of
Parliament by not less than two thirds of the members present and voting
(4) Any
such law as is referred to in this article shall not be deemed to be an
amendment of this Constitution for the purposes of Article 368 notwithstanding
that it contains any provision which amends or has the effect of amending this
Constitution PART XI RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I
LEGISLATIVE RELATIONS Distribution of Legislative Powers
245. Extent
of laws made by Parliament and by the Legislatures of States
(1) Subject
to the provisions of this Constitution, Parliament may make laws for the whole
or any part of the
(2) No
law made by Parliament shall be deemed to be invalid on the ground that it
would have extra territorial operation
246. Subject
matter of laws made by Parliament and by the Legislatures of States
(1) Notwithstanding
anything in clauses ( 2 ) and ( 3 ), Parliament has exclusive power to make
laws with respect to any of the matters enumerated in List I in the Seventh
Schedule (in this Constitution referred to as the Union List)
(2) Notwithstanding
anything in clause ( 3 ), Parliament, and, subject to clause ( 1 ), the
Legislature of any State also, have power to make laws with respect to any of
the matters enumerated in List III in the Seventh Schedule (in this
Constitution referred to as the Concurrent List)
(4) Parliament
has power to make laws with respect to any matter for any part of the territory
of India not included (in a State) notwithstanding that such matter is a matter
enumerated in the State List
247. Power
of Parliament to provide for the establishment of certain additional courts
Notwithstanding anything in this Chapter, Parliament may by law provide for the
establishment of any additional courts for the better administration of laws
made by Parliament or of any existing laws with respect to a matter enumerated
in the Union List
248. Residuary
powers of legislation
(1) Parliament
has exclusive power to make any law with respect to any matter not enumerated
in the Concurrent List or State List
(2) Such
power shall include the power of making any law imposing a tax not mentioned in
either of those Lists
249. Power
of Parliament to legislate with respect to a matter in the State List in the
national interest
(1) Notwithstanding
anything in the foregoing provisions of this Chapter, if the Council of States
has declared by resolution supported by not less than two thirds of the members
present and voting that it is necessary or expedient in national interest that
Parliament should make laws with respect to any matter enumerated in the State
List specified in the resolution, it shall be lawful for Parliament to make laws
for the whole or any part of the territory of India with respect to that matter
while the resolution remains in force
(2) A
resolution passed under clause ( 1 ) shall remain in force for such period not
exceeding one year as may be specified therein: Provided that, if and so often
as a resolution approving the continuance in force of any such resolution is
passed in the manner provided in clause ( 1 ), such resolution shall continue
in force for a further period of one year from the date on which under this
clause it would otherwise have ceased to be in force
(3) A
law made by Parliament which Parliament would not but for the passing of a
resolution under clause ( 1 ) have been competent to make shall, to the extent
of the incompetency, cease to have effect on the expiration of a period of six
months after the resolution has ceased to be in force, except as respects
things done or omitted to be done before the expiration of the said period
250. Power
of Parliament to legislate with respect to any matter in the State List if a
Proclamation of Emergency is in operation
(1) Notwithstanding
anything in this Chapter, Parliament shall, while a Proclamation of Emergency
is in operation, have, power to make laws for the whole or any part of the
(2) A
law made by Parliament which Parliament would not but for the issue of a
Proclamation of Emergency have been competent to make shall, to the extent of
the incompetency, cease to have effect on the expiration of a period of six
months after the Proclamation has ceased to operate, except as respects things
done or omitted to be done before the expiration of the said period
251. Inconsistency
between laws made by Parliament under Articles 249 and 250 and laws made by the
Legislatures of States Nothing in Articles 249 and 250 shall restrict the power
of the Legislature of a State to make any law which under this Constitution it has
power to make, but if any provision of a law made by the legislature of a State
is repugnant to any provision of a law made by Parliament which Parliament has
under either of the said articles power to make, the law made by Parliament,
whether passed before or after the law made by the legislature of the State,
shall prevail, and the law made by the Legislature of the State shall to the
extent of the repugnancy, but so long only as the law made by Parliament
continues to have effect, be inoperative
252. Power
of Parliament to legislate for two or more States by consent and adoption of
such legislation by any other State
(1) If
it appears to the Legislatures of two or more States to be desirable that any
of the matters with respect to which Parliament has no power to make laws for
the States except as provided in Articles 249 and 250 should be regulated in
such States by Parliament by law, and if resolutions to that effect are passed
by all the House of the Legislatures of those States, it shall be lawful for
Parliament to pass an Act for regulating that matter accordingly, and any Act
so passed shall apply to such States and to any other State by which it is
adopted afterwards by resolution passed in that behalf by the House or, where
there are two Houses, by each of the Houses of the Legislature of that State
(2) Any
Act so passed by Parliament may be amended or repealed by an Act of Parliament
passed or adopted in like manner but shall not, as respects any State to which
it applies, be amended or repealed by an Act of the Legislature of that State
253. Legislation
for giving effect to international agreements Notwithstanding anything in the
foregoing provisions of this Chapter, Parliament has power to make any law for
the whole or any part of the
254. Inconsistency
between laws made by Parliament and laws made by the Legislatures of States
(1) If
any provision of a law made by the Legislature of a State is repugnant to any
provision of a law made by Parliament which Parliament is competent to enact,
or to any provision of an existing law with respect to one of the matters
enumerated in the Concurrent List, then, subject to the provisions of clause (
2 ), the law made by Parliament, whether passed before or after the law made by
the Legislature of such State, or, as the case may be, the existing law, shall
prevail and the law made by the Legislature of the State shall, to the extent
of the repugnancy, be void
(2) Where
a law made by the Legislature of a State with respect to one of the matters
enumerated in the concurrent List contains any provision repugnant to the
provisions of an earlier law made by Parliament or an existing law with respect
to that matter, then, the law so made by the Legislature of such State shall,
if it has been reserved for the consideration of the President and has received
his assent, prevail in that State: Provided that nothing in this clause shall
prevent Parliament from enacting at any time any law with respect to the same
matter including a law adding to, amending, varying or repealing the law so
made by the Legislature of the State
255. Requirements
as to recommendations and previous sanctions to be regarded as matters of procedure
only No Act of Parliament or of the legislature of a State and no provision in
any such Act, shall be invalid by reason only that some recommendation or
previous sanction required by this Constitution was not given, if assent to
that Act was given
(a) where
the recommendation required was that of the Governor, either by the Governor or
by the President;
(b) where
the recommendation required was that of the Rajpramukh, either by the
Rajpramukh or by the President;
(c) where
the recommendation or previous sanction required was that of the President, by
the President CHAPTER II ADMINISTRATIVE RELATIONS General
256. Obligation
of States and the Union The executive power of every State shall be so
exercised as to ensure compliance with the laws made by Parliament and any
existing laws which apply in that State, and the executive power of the Union
shall extend to the giving of such directions to a State as may appear to the
Government of India to be necessary for that purpose
257. Control
of the
(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
(2) The
executive power of the Union shall also extend to the giving of directions to a
State as to the construction and maintenance of means of communication declared
in the direction to be of national or military importance: Provided that
nothing in this clause shall be taken as restricting the power of Parliament to
declare highways or waterways to be national highways or national waterways so
declared or the power of the Union to construct and maintain means of
communication as part of its functions with respect to naval, military and air
force works
(3) The
executive power of the
(4) Where
in carrying out any direction given to a State under clause ( 2 ) as to the
construction or maintenance of any means of communication or under clause ( 3 )
as to the measures to be taken for the protection of any railway, costs have
been incurred in excess of those which would have been incurred in the
discharge of the normal duties of the State if such direction had not been
given, there shall be paid by the Government of India to the State such sum as
may be agreed, or, in default of agreement, as may be determined by an
arbitrator appointed by the Chief Justice of India, in respect of the extra
costs so incurred by the State
257. A
Assistance to States by deployment of armed forces or other forces of the Union
Omitted
258. Power
of the
(1) Notwithstanding
anything in this Constitution, the President may, with the consent of the
Governor of a State, entrust either conditionally or unconditionally to that
Government or to its officers functions in relation to any matter to which the
executive power of the
(2) A
law made by Parliament which applies in any State may, notwithstanding that it
relates to a matter with respect to which the Legislature of the State has no
power to make laws, confer powers and impose duties, or authorise the
conferring of powers and the imposition of duties, upon the State or officers
and authorities thereof
(3) Where
by virtue of this article powers and duties have been conferred or imposed upon
a State or officers or authorities thereof, there shall be paid by the
Government of India to the State such sum as may be agreed, or, in default of
agreement, as may be determined by an arbitrator appointed by the Chief Justice
of India, in respect of any extra costs of administration incurred by the State
in connection with the exercise of those powers and duties
258. A
Power of the States to entrust functions to the Union Notwithstanding anything
in this Constitution, the Governor of a State may, with the consent of the
Governor of India, entrust either conditionally or unconditionally to that
Government or to its officers functions in relation to any matter to which the executive
power of the State extends
259. Armed
Forces in States in Part B of the First Schedule Rep by the Constitution
(Seventh Amendment) Act, 1956 , S 29 and Schedule
260. Jurisdiction
of the Union in relation to territories outside India The Government of India
may by agreement with the Government of any territory not being part of the
territory of India undertake any executive, legislative or judicial functions
vested in the Government of such territory, but every such agreement shall be
subject to, and governed by, any law relating to the exercise of foreign
jurisdiction for the time being in force
261. Public
acts, records and judicial proceedings Full faith and credit shall be given
throughout the
(2) The
manner in which and the conditions under which the acts, records and
proceedings referred to in clause ( 1 ) shall be proved and the effect thereof
determined shall be as provided by law made by Parliament
(3) Final
judgments or orders delivered or passed by civil courts in any part of the
territory of India shall be capable of execution anywhere within that territory
according to law Disputes relating to Waters
262. Adjudication
of disputes relating to waters of inter State rivers or river valleys
(1) Parliament
may by law provide for the adjudication of any dispute or complaint with
respect to the use, distribution or control of the waters of, or in, any inter
State river or river valley
(2) Notwithstanding
anything in this Constitution, Parliament may by law provide that neither the
Supreme Court nor any other court shall exercise jurisdiction in respect of any
such dispute or complaint as is referred to in clause ( 1 ) Co ordination
between States
263. Provisions
with respect to an inter State Council If any any time it appears to the
President that the public interests would be served by the establishment of a
Council charged with the duty of
(a) inquiring
into and advising upon disputes which may have arisen between States;
(b) investigating
and discussing subjects in which some or all of the States, or the
(c) making
recommendations upon any such subject and, in particular, recommendations for
the better co ordination of policy and action with respect to that subject, in
shall be lawful for the President by order to establish such a Council, and to
define the nature of the duties to be performed by it and its organisation and
procedure PART XII FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I FINANCE
General
264. Interpretation
In this Part, Finance Commission means a Finance Commission constituted under
Article 280
265. Taxes
not to be imposed save by authority of law No tax shall be levied or collected
except by authority of law
266. Consolidated
Funds and public accounts of
(1) Subject
to the provisions of Article 267 and to the provisions of this Chapter with
respect to the assignment of the whole or part of the net proceeds of certain
taxes and duties to States, all revenues received by the Government of India,
all loans raised by that Government by the issue of treasury bills, loans or
ways and means advances and all moneys received by that Government in repayment
of loans shall form one consolidated fund to be entitled the Consolidated Fund
of India, and all revenues received by the Government of a State, all loans
raised by that Government by the issue of treasury bills, loans or ways and
means advances and all moneys received by that Government in repayment of loans
shall form one consolidated fund to be entitled the Consolidated Fund of the
State
(2) All
other public moneys received by or on behalf of the Government of India or the
Government of a State shall be entitled to the public account of
(3) No
moneys out of the Consolidated Fund of India or the Consolidated Fund of a
State shall be appropriated except in accordance with law and for the purposes
and in the manner provided in this Constitution
267. Contingency
Fund
(1) Parliament
may by law establish a Contingency Fund in the nature of an imprest to be
entitled the Contingency Fund of India into which shall be paid from time to
time such sums as may be determined by such law, and the said Fund shall be
placed at the disposal of the President to enable advances to be made by him
out of such Fund for the purposes of meeting unforeseen expenditure pending
authorisation of such expenditure by Parliament by law under Article 115 or
Article 116
(2) The
Legislature of a State may by law establish a Contingency Fund in the nature of
an imprest to be entitled the Contingency Fund of the State into which shall be
paid from time to time such sums as may be determined by such law, and the said
Fund shall be placed at the disposal of the Governor of the State to enable
advances to be made by him out of such Fund for the purposes of meeting
unforeseen expenditure pending authorisation of such expenditure by the
Legislature of the State by law under Article 205 or Article 206 Distribution
of Revenues between the Union and the States
268. Duties
levied by the
(1) Such
stamp duties and such duties of excise on medicinal and toilet preparations as
are mentioned in the Union List shall be levied by the Government of India but
shall be collected
(a) in
the case where such duties are leviable within any Union territory, by the
Government of India, and
(b) in
other cases, by the States within which such duties are respectively leviable
(2) The
proceeds in any financial year of any such duty leviable within any State shall
not form part of the Consolidated Fund of India, but shall be assigned to that
State
269. Taxes
levied and collected by the union but assigned to the States
(1) The
following duties and taxes shall be levied and collected by the Government of
India but shall be assigned to the States in the manner provided in clause ( 2
), namely:
(a) duties
in respect of succession to property other than agricultural land;
(b) estate
duty in respect of property other than agricultural land;
(c) terminal
taxes on goods or passengers carried by railway, sea or air;
(d) taxes
on railway fares and freights;
(e) taxes
other than stamp duties on transactions in stock exchanges and futures markets;
(f) taxes
on the sale or purchase of newspapers and on advertisements published therein;
(g) taxes
on the sale or purchase of goods other than newspapers, where such sale or
purchase takes place in the course of inter State trade or commerce;
(h) taxes
on the consignment of goods (whether the consignment is to the person making it
or to any other person), where such consignment takes place in the course of
inter State trade or commerce
(2) The
net proceeds in any financial year of any such duty or tax, except in so far as
those proceeds represent proceeds attributable to Union territories, shall not
form part of the Consolidated Fund of India, but shall be assigned to the
States within which that duty or tax is leviable in that year, and shall be
distributed among those States in accordance with such principles of
distribution as may be formulated by Parliament by law
(3) Parliament
may by law formulate principles for determining when a sale or purchase of or
consignment of goods takes place in the course of inter State or commerce 270
Taxes levied and collected by the Union and distributed between the Union and
the States
(1) Taxes
on income other than agricultural income shall be levied and collected by the
Government of India and distributed between the
(2) Such
percentage, as may be prescribed, of the net proceeds in any financial year of
any such tax, except in so far as those proceeds represent proceeds
attributable to Union territories or to taxes payable in respect of Union
emoluments, shall not form part of the Consolidated Fund of India, but shall be
assigned to the States within which that tax is leviable in that year, and
shall be distributed among those States in such manner and form such tie as may
be prescribed
(3) For
the purposes of clause ( 2 ), in each financial year such percentage as may be
prescribed of so much of the net proceeds of taxes on income as does not
represent the net proceeds of taxes payable in respect of Union emoluments
shall be deemed to represent proceeds attributable to Union territories
(4) In
this article
(a) taxes
on income does not include a corporation tax;
(b) prescribed
means
(i) until
a Finance Commission has been constituted, prescribed by the President by
order, and
(ii) after
a Finance Commission has been constituted, prescribed by the President by order
after considering the recommendations of the Finance Commission;
(c) Union
emoluments includes all emoluments and pensions payable out of the Consolidated
Fund of India in respect of which income tax is chargeable
270. Taxes
levied and collected by the Union and distributed between the
(1) Taxes
on income other than agricultural income shall be levied and collected by the
Government of India and distributed between the
(2) Such
percentage, as may be prescribed 3, of the net proceeds in any financial year
of any such tax, except in so far as those proceeds represent proceeds
attributable to Union territories or to taxes payable in respect of Union
emoluments, shall not form part of the Consolidated Fund of India, but shall be
assigned to the States within which that tax is leviable in that year, and
shall be distributed among those States in such manner and from such time as
may be prescribed
(3) For
the purposes of clause ( 2 ), in each financial year such percentage as may be
prescribed of so much of the net proceeds of taxes on income as does not
represent the net proceeds of taxes payable in respect of Union emoluments
shall be deemed to represent proceeds attributable to Union territories
(4) In
this article
(a) taxes
on income does not include a corporation tax;
(b) prescribed
means
(i) until
a Finance Commission has been constituted, prescribed by the President by
order, and
(ii) after
a Finance Commission has been constituted, prescribed by the President by order
after considering the recommendations of the Finance Commission;
(c) Union
emoluments includes all emoluments and pensions payable out of the Consolidated
Fund of India in respect of which income tax is chargeable
271. Surcharge
on certain duties and taxes for purposes of the Union Notwithstanding anything
in Articles 269 and 270, Parliament may at any time increase any of the duties
or taxes referred in those articles by a surcharge for purposes of the
272. Taxes
which are levied and collected by the Union and may be distributed between the
Union and the States Union duties of excise other than such duties of excise on
medicinal and toilet preparations as are mentioned in the Union List shall be
levied and collected by the Government of India, but, if Parliament by law so
provides, there shall be paid out of the Consolidated Fund of India to the
States to which the law imposing the duty extends sums equivalent to the whole
or any part of the net proceeds of that duty, and those sums shall be
distributed among those States in accordance with such principles of distribution
as may be formulated by such law
273. Grants
in lieu of export duty on jute and jute products
(1) There
shall be charged on the Consolidated Fund of India in each year as grants in
aid of the revenues of the State of Assam, Bihar, Orissa and West Bengal, in
lieu of assignment of any share of the net proceeds in each year of export duty
on jute and jute products to those States, such sums as may be prescribed
(2) The
sums so prescribed shall continue to be charged on the Consolidated Fund of
India so long as any export duty on jute or jute products continues to be
levied by the Government of India or until the expiration of ten years from the
commencement of this Constitution, whichever is earlier
(3) In
this article, the expression prescribed has the same meaning as in Article 270
274. Prior
recommendation of President required to Bills affecting taxation in which
States are interested
(1) No
Bill or amendment which imposes or varies any tax which varies any tax or duty
in which States are interested, or which varies the meaning of the expression
agricultural income as defined for the purposes of the enactments relating to
Indian income tax, or which affects the principles on which under any of the
foregoing distributable to State, or which imposes any surcharge for the
purposes of the Union as is mentioned in the foregoing provisions of this
Chapter, shall be introduced or moved in either House or Parliament except on
the recommendation of the President ( 2 ) In this article, the expression tax
or duty in which States are interested means
(a) a
tax or duty the whole or part of the net proceeds whereof are assigned to any
State; or
(b) a
tax or duty by reference to the net proceeds whereof sums are for the time
being payable out of the Consolidated Fund of India to any State
275. Grants
from the
(1) Such
sums as Parliament may by law provide shall be charged on the Consolidated Fund
of India in each year as grants in aid of the revenues of such States as
Parliament may determine to be in need of assistance, and different sums may be
fixed for different States: Provided that there shall be paid out of the
Consolidated Fund of India as grants in aid of the revenues of a State such
capital and recurring sums as may be necessary to enable that State to meet the
costs of such schemes of development as may be undertaken by the State with the
approval of the Scheduled Tribes in that State or raising the level of
administration of the Scheduled Areas therein to that of the administration of
the rest of the areas of that State: Provided further that there shall be paid
out of the Consolidated Fund of India as grants in aid of the revenues of the
State of Assam sums, capital and recurring, equivalent to
(a) the
average excess of expenditure over the revenues during the two years
immediately proceeding the commencement of this Constitution in respect of the
administration of the tribal areas specified in Part I of the table appended to
paragraph 20 of the Sixth Schedule; and
(b) the
costs of such schemes of development as maw be undertaken by that State with
the approval of the Government of India for the purpose of raising the level of
administration of the said areas to that of the administration of the rest of
the areas of that State
(1A) On
and from the formation of the autonomous State under Article 244 A,
(i) any
sums payable under clause (a) of the second proviso to clause ( 1 ) shall, if
the autonomous State therein, be paid to the autonomous State, and, if the
autonomous State comprises only some of those tribal areas, be apportioned
between the State of Assam and the autonomous State as the President may, by
order, specify;
(ii) there
shall be paid out of the Consolidated Fund of India as grants in aid of the
revenues of the autonomous State sums, capital and recurring, equivalent to the
costs of such schemes of development as may be undertaken by the autonomous
State with the approval of the Government of India for the purpose of raising
the level of administration of that State to that of the administration of the
rest of the State of Assam
(2) Until
provision is made by Parliament under clause ( 1 ), the powers conferred on
Parliament under that clause shall be exercisable by the President by order and
any order made by the President under this clause shall have effect subject to
any provision so made by Parliament: Provided that after a Finance Commission
has been constituted no order shall be made under this clause by the President
except after considering the recommendations of the Finance Commission
276. Taxes
on professions, trades, callings and employments
(1) Notwithstanding
anything in Article 246, no law of the Legislature of a State relating to taxes
for the benefit of the State or of a municipality, district board, local board
or other local authority therein in respect of professions, trades, callings or
employments shall be invalid on the ground that it relates to a tax on income
(2) The
total amount payable in respect of any one person to the State or to any one
municipality, district board, local board or other local authority in the State
byway of taxes on professions, trades, callings and employments shall not
exceed two hundred and fifty rupees per annum: Provided that if in the
financial year immediately preceding the commencement of this Constitution
there was in force in the case of any State or any such municipality, board or
authority a tax on professions, trades, callings or employments the rate, or
the maximum rate, of which exceed two hundred and fifty rupees per annum, such
tax may continue to be levied until provisions to the contrary is made by
Parliament by law, and any law so made by Parliament may be made either
generally or in relation to any specified States, municipalities, boards or
authorities
(3) The
power of the Legislature of a State to make laws as aforesaid with respect to
taxes on professions, trades, callings and employments shall not be construed
as limiting in any way the power of Parliament to make laws with respect to
taxes on income accruing from or arising out of professions, trades, callings
and employments
277. Savings
Any taxes, duties, cesses or fees which, immediately before the commencement of
this Constitution, were being lawfully levied by the Government of any State or
by any municipality or other local authority or body for the purposes of the
State, municipality, district or other local area may, notwithstanding that
those taxes, duties, cesses or fees are mentioned in the Union List, continue
to be levied and to be applied to the same purposes until provision to the
contrary is made by Parliament by law
278. Agreement
with States in Part B of the First Schedule with regard to certain financial
matters Rep by the Constitution (Seventh Amendment) Act, 1956 , Section 29 and
Schedule
279. Calculation
of net proceeds, etc
(1) In
the foregoing provisions of this Chapter, net proceeds means in relation to any
tax or duty the proceeds thereof reduced by the cost of collection, and for the
purposes of those provisions the net proceeds of any tax or duty, or of any
part of any tax or duty, in or attributable to any area shall be ascertained
and certified by the Comptroller and Auditor General of India, whose
certificate shall be final
(2) Subject
as aforesaid, and to any other express provision of this Chapter, a law made by
Parliament or an order of the President may, in any case where under this Part
the proceeds of any duty or tax are, or may be, assigned to any State, provide
for the manner in which the proceeds are to be calculated, for the time from or
at which and the manner in which any payments are to be made, for the making of
adjustments between one financial year and another, and for any other
incidental or ancillary matters
280. Finance
Commission
(1) The
President shall, within two years from the commencement of this Constitution
and thereafter at the expiration of every fifth year or at such earlier time as
the President considers necessary, by order constitute a Finance Commission
which shall consist of a Chairman and four other members to be appointed by the
President
(2) It
shall be the duty of the Commission to make recommendations to the President as
to
(a) the
distribution between the
(b) the
principles which should govern the grants in aid of the revenues of the States
out of the Consolidated Fund of India;
(c) any
other matter referred to the Commission by the President in the interests of
sound finance
(4) The
Commission shall determine their procedure and shall have such powers in the
performance of their functions as Parliament may by law confer on them
281. Recommendations
of the Finance Commission The President shall cause every recommendation made
by the Finance Commission under the provisions of this Constitution together
with an explanatory memorandum as to the action taken thereon to be laid before
each House of Parliament Miscellaneous Financial Provisions
282. Expenditure
defrayable by the
283. Custody,
etc of Consolidated Funds, Contingency Funds and moneys credited to the public
accounts
(1) The
custody of the Consolidated Fund of India and the Contingency Fund of India,
the payment of moneys into such Funds, the withdrawal of moneys therefrom, the
custody of public moneys other than those credited to such Funds received by or
on behalf of the Government of India, their payment into the public account of
India and the withdrawal of moneys from such account and all other matters
connected with or ancillary to matters aforesaid shall be regulated by law made
by Parliament, and, until provision in that behalf is so made, shall be
regulated by rules made by the President
(2) The
custody of the Consolidated Fund of a State and the Contingency Fund of a
State, the payment of moneys into such Funds, the withdrawal of moneys
therefrom, the custody of public moneys other than those credited to such
Funds, received by or on behalf of the Government of the State, their payment
into the public account of the State and withdrawal of moneys from such account
and all other matters connected with or ancillary to matters aforesaid shall be
regulated by law made by the Legislature of the State, and, until provision in
that behalf is so made, shall be regulated by rules made by the Governor of the
State
284. Custody
of suitors deposits and other moneys received by public servants an courts All
moneys received by or deposited with
(a) any
officer employed in connection with the affairs of the Union or of a State in
his capacity as such, other than revenues or public moneys raised or received
by the Government of India or the Government of the State, as the case may be,
or
(b) any
court within the
285. Exemption
of property of the
(1) The
property of the
(2) Nothing
in clause ( 1 ) shall, until Parliament by law otherwise provides, prevent any
authority within a State from levying any tax on any property of the Union to
which such property was immediately before the commencement of this
Constitution liable or treated as liable, so long as that tax continues to be
levied in that State
286. Restrictions
as to imposition of tax on the sale or purchase of goods
(1) No
law of a State shall impose, or authorise the imposition of, a tax on the sale
or purchase of goods where such sale or purchase takes place
(a) outside
the State; or
(b) in
the course of the import of the goods into, or export of the goods out of, the
(2) Parliament
may by law formulate principles for determining when a sale or purchase of
goods takes place in any of the ways mentioned in clause ( 1 )
(3) Any
law of a State shall, in so far as it imposes, or authorises the imposition of,
(a) a
tax on the sale or purchase of goods declared by Parliament by law to be of
special importance in inter State trade or commerce; or
(b) a
tax on the sale or purchase of goods, being a tax of the nature referred to in
sub clause (b), sub clause (c) or sub clause (d) of clause 29 A of Article 366,
be subject to such restrictions and conditions in regard to the system of levy,
rates and other incidents of the tax as Parliament may by law specify
287. Exemption
from taxes on electricity Save in so far as Parliament may by law otherwise
provide, no law of a State shall impose, or authorise the imposition of, a tax
on the consumption or sale of electricity (whether produced by a Government or
other persons) which is
(a) consumed
by the Government of India, or sold to the Government of India for consumption
by that Government; or
(b) consumed
in the construction, maintenance or operation of any railway by the Government
of India or a railway company operating that railway, or sold to that
Government or any such railway company for consumption in the construction,
maintenance or operation of any railway, and any such law imposing, or
authorising the imposition of, a tax on the sale of electricity shall secure
that the price of electricity sold to the Government of India for consumption
by that Government, or to any such railway company as aforesaid for consumption
in the construction, maintenance or operation of any railway, shall be less by
the amount of the tax than the price charged to other consumers of a
substantial quantity of electricity
288. Exemption
from taxation by States in respect of water or electricity in certain cases
(1) Save
in so far as the President may by order otherwise provide, no law of a State in
force immediately before the commencement of this Constitution shall impose, or
authorise the imposition of, a tax in respect of any water or electricity
stored, generated, consumed, distributed or sold by any authority established
by any existing law or any law made by Parliament for regulating or developing
any inter State river or river valley Explanation The expression law of a State
in force in this clause shall include a law of a State passed or made before
the commencement of this Constitution and not previously repealed,
notwithstanding that it or parts of it may not be then in operation either at
all or in particular areas
(2) The
Legislature of a State may by law impose, or authorise the imposition of, any
such tax as is mentioned in clause ( 1 ), but no such law shall have any effect
unless it has, after having been reserved for the consideration of the
President received his assent; and if any such law provides for the fixation of
the rates and other incidents of such tax by means of rules or orders to be
made under the law by any authority, the law shall provide for the previous
consent of the President being obtained to the making of any such rule or order
289. Exemption
of property and income of a State from Union taxation
(1) The
property and income of a State shall be exempt from Union taxation
(2) Nothing
in clause ( 1 ) shall prevent the Union from imposing, or authorising the
imposition of, any tax to such extent, if any, as Parliament may by law provide
in respect of a trade or business of any kind carried on by, or on behalf of,
the Government of a State, or any operations connected therewith, or any
property used or occupied for the purposes of such trade or business, or any
income accruing or arising in connection therewith
(3) Nothing
in clause ( 2 ) shall apply to any trade or business, or to any class of trade
or business, which Parliament may by law declare to be incidental to the
ordinary functions of government
290. Adjustment
in respect of certain expenses and pensions Where under the provisions of this
Constitution the expenses of any court or Commission, or the pension payable to
or in respect of a person who has served before the commencement in connection
with the affairs of the Union or of a State, are charged on the Consolidated
Fund of India or the Consolidated Fund of a State, then, if
(a) in
the case of a charge on the Consolidated Fund of India, the court or Commission
serves any of the separate needs of a State, or the person has served wholly or
in part in connection with the affairs of a State; or
(b) in
the case of a charge on the Consolidated Fund of a State, the court or
Commission serves any of the separate needs of the Union or another State, or
the person has served wholly or in part in connection with the affairs of the
Union or another State, there shall be charged on and paid out of the
Consolidated Fund of the State or, as the case may be, the Consolidated Fund of
India or the consolidated Fund of the other State, such contribution in respect
of the expenses or pension as may be agreed, or as may in default of agreement
be determined by an arbitrator to be appointed by the Chief Justice of India
290. A
Annual payment to certain Devaswom Funds A sum of forty six lakhs and fifty
thousand rupees shall be charged on, and paid out of, the Consolidated Fund of
the State of Kerala every year to the Travancore Devaswom Fund; and a sum of
thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of
the Consolidated Fund of the State of Tamil Nadu every year to the Devaswom
Fund established in that State for the maintenance of Hindu temples and shrines
in the territories transferred to that State on the 1 st day of November, 1956
, from the State of Travancore Cochin
291. Privy
purse sums of Rulers Rep by the Constitution (Twenty sixth Amendment) Act, 1971
, Section 2 CHAPTER II BORROWING
292. Borrowing
by the Government of India The executive power of the
293. Borrowing
by States
(1) Subject
to the provisions of this article, the executive power of a State extends to
borrowing within the territory of India upon the security of the Consolidated
Fund of the State within such limits, if any, as may from time to time be fixed
by the Legislature of such State by law and to the giving of guarantees within
such limits, if any, as may be so fixed
(2) The
Government of India may, subject to such conditions as may be laid down by or
under any law made by Parliament, make loans to any State or, so long as any
limits fixed under Article 292 are not exceeded, give guarantees in respect of
loans raised by any State, and any sums required for the purpose of making such
loans shall be charged on the Consolidated Fund of India
(3) A
State may not without the consent of the Government of India raise any loan if there
is still outstanding any part of a loan which has been made to the State by the
Government of India or by its predecessor Government, or in respect of which a
guarantee has been given by the Government of India or by its predecessor
Government
(4) A
consent under clause ( 3 ) may be granted subject to such conditions, if any,
as the Government of India may think fit to impose CHAPTER III PROPERTY,
CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS
294. Succession
to property, assets, rights, liabilities and obligations in certain cases s
from the commencement of this Constitution
(a) all
property and assets which immediately before such commencement were vested in
His Majesty for the purposes of the Government of the Dominion of India and all
property and assets which immediately before such commencement were vested in
His Majesty for the purposes of the Government of each Governors Province shall
vest respectively in the Union and the corresponding State, and
(b) all
rights, liabilities and obligations of the Government of the Dominion of India
and of the Government of each Governors Province, whether arising out of any
contract or otherwise, shall be the rights, liabilities and obligations
respectively of the Government of India and the Government of each
corresponding State, subject to any adjustment made or to be made by reason of
the creation before the commencement of this Constitution of the Dominion of
Pakistan or of the Provinces of West Bengal, West Punjab and East Punjab
295. Succession
to property, assets, rights, liabilities and obligations in other cases
(1) As
from the commencement of this Constitution
(a) all
property and assets which immediately before such commencement were vested in
any Indian State corresponding to a State specified in Part B of the First
Schedule shall vest in the Union, if the purposes for which such property and
assets were held immediately before such commencement will thereafter be
purposes of the Union relating to any of the matters enumerated in the Union
List, and
(b) all
rights, liabilities and obligations of the Government of any Indian State
corresponding to a State specified in Part B of the First Schedule, whether
arising out of any contract or otherwise, shall be the rights, liabilities and
obligations of the Government of India, if the purposes for which such rights
were acquired or liabilities or obligations were incurred before such
commencement will thereafter be purposes of the Government of commencement will
thereafter be purposes of the Government of India relating to any of the
matters enumerated in the Union List, subject to any agreement entered into in
that behalf by the Government of India with the Government of that State
(2) Subject
as aforesaid, the Government of each State specified in Part B of the First
Schedule shall, as from the commencement of this Constitution, be the successor
of the Government of the corresponding Indian State as regards all property and
assets and all rights, liabilities and obligations, whether arising out of any
contract or otherwise, other than those referred to in clause ( 1 )
296. Property
accruing by escheat or lapse or as bona vacantia Subject as hereinafter
provided any property in the territory of India which, if this Constitution had
not come into operation, would have accrued to His Majesty or, as the case may
be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia
for want of a rightful owner, shall, if it is property situate in a State, vest
in such State, and shall, in any other case, vest in the Union: Provided that
any property which at the date when it wouldhave so accrued to His Majesty or
to the Ruler of an Indian State was in the possession or under the control of
the Government of India or the Government of a State shall, according as the
purposes for which it was then used or held were purposes of the Union or a
State, vest in the Union or in that State Explanation In the article, the
expressions Ruler and Indian State have the same meanings as in Article 363
297. Things
of value within territorial waters or continental shelf and resources of the
exclusive economic zone to vest in the
(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
(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
(3) The
limits of the territorial waters, the continental shelf, the exclusive economic
zone, and other maritime zones, of India shall be such as may be specified,
from time to time, by or under any law made by Parliament
298. Power
to carry on trade, etc The executive power of the Union and of each State shall
extend to the carrying on of any trade or business and to the acquisition,
holding and disposal of property and the making of contracts for any purpose:
Provided that (a) the said executive power of the Union shall, in so far as
such trade or business or such purpose is not one with respect to which
Parliament may make laws, be subject in each State to legislation by the State;
and
(b) the
said executive power of each State shall, in so far as such trade or business
or such purpose is not one with respect to which the State Legislature may make
laws, be subject to legislation by Parliament
299. Contracts
(1) All
contracts made in the exercise of the executive power of the Union or of a
State shall be expressed to be made by the President, or by the Governor of the
State, as the case may be, and all such contracts and all assurances of
property made in the exercise of that power shall be executed on behalf of the
President or the Governor by such persons and in such manner as he may direct
or authorise
(2) Neither
the President nor the Governor shall be personally liable in respect of any
contract or assurance made or executed for the purposes of this Constitution,
or for the purposes of any enactment relating to the Government of India
heretofore in force, nor shall any person making or executing any such contract
or assurance on behalf of any of them be personally liable in respect thereof
300. Suits
and proceedings
(1) The
Governor of India may sue or be sued by the name of the Union and the
Government of a State may sue or be sued by the name of the State and may,
subject to any provisions which may be made by Act of Parliament or of the
Legislature of such State enacted by virtue of powers conferred by this
Constitution, sue or be sued in relation to their respective affairs in the
like cases as the Dominion of India and the corresponding Provinces or the corresponding
Indian States might have sued or been sued if this Constitution had not been
enacted
(2) If
at the commencement of this Constitution
(a) any
legal proceedings are pending to which the Dominion of India is a party, the
Union of India shall be deemed to be substituted for the Dominion in those
proceedings; and
(b) any
legal proceedings are pending to which a Province or an
300. A
Persons not to be deprived of property save by authority of law No person shall
be deprived of his property save by authority of law PART XIII TRADE, COMMERCE
AND INTERCOURSE WITHIN THE TERRITORY OF INDIA
301. Freedom
of trade, commerce and intercourse Subject to the other provisions of this
Part, trade, commerce and intercourse throughout the
302. Power
of Parliament to impose restrictions on trade, commerce and intercourse
Parliament may by law impose such restrictions on the freedom of trade,
commerce or intercourse between one State and another or within any part of the
303. Restrictions
on the legislative powers of the
(1) Notwithstanding
anything in Article 302, neither Parliament nor the Legislature of a State
shall have power to make any law giving, or authorising the giving of, any
preference to one State over another, or making, or authorising the making of,
any discrimination between one State and another, by virtue of any entry
relating to trade and commerce in any of the Lists in the Seventh Schedule
(2) Nothing
in clause ( 1 ) shall prevent Parliament from making any law giving, or
authorising the giving of, any preference or making, or authorising the making
of, any discrimination if it is declared by such law that it is necessary to do
so for the purpose of dealing with a situation arising from scarcity of goods
in any part of the territory of India
304. Restrictions
on trade, commerce and intercourse among States Notwithstanding anything in
Article 301 or Article 303, the Legislature of a State may by law
(a) impose
on goods imported from other States or the Union territories any tax to which
similar goods manufactured or produced in that State are subject, so, however,
as not to discriminate between goods so imported and goods so manufactured or
produced; and
(b) impose
such reasonable restrictions on the freedom of trade, commerce or intercourse
with or within that State as may be required in the public interest: Provided
that no Bill or amendment for the purposes of clause shall be introduced or
moved in the Legislature of a State without the previous sanction of the
President
305. Saving
of existing laws and laws providing for State monopolies Nothing in Articles
301 and 303 shall affect the provisions of any existing law except in so far as
the President may be order otherwise direct; and nothing in Article 301 shall
affect the operation of any law made before the commencement of the
Constitution (Fourth Amendment) Act, 1955 , in so far as it relates to, or
prevent Parliament or the Legislature of a State from making any law relating
to, any such matter as is referred to in sub clause (ii) of clause ( 6 ) of
Article 19
306. Power
of certain States in Part B of the First Schedule to impose restrictions on
trade and commerce Rep by the Constitution (Seventh Amendment) Act, 1956 ,
Section 29 and Schedule
307. Appointment
of authority for carrying out the purposes of Articles 301 to 304 Parliament
may by law appoint such authority as it considers appropriate for carrying out
the purposes of Articles 301, 302, 303 and 304, and confer on the authority so
appointed such powers and such duties as it thinks necessary PART XIV SERVICES
UNDER THE UNION AND THE STATES CHAPTER I SERVICES
308. Interpretation
In this Part, unless the context otherwise requires, the
309. Recruitment
and conditions of service of persons serving the Union or a State Subject to
the provisions of this Constitution, Acts of the appropriate Legislature may
regulate the recruitment, and conditions of service of persons appointed, to
public services and posts in connection with the affairs of the Union or of any
State: Provided that it shall be competent for the President or such person as
he may direct in the case of services and posts in connection with the affairs
of the Union, and for the Governor of a State or such person as he may direct
in the case of services and posts in connection with the affairs of the State,
to make rules regulating the recruitment, and the conditions of service of
persons appointed, to such services and posts until provision in that behalf is
made by or under an Act of the appropriate Legislature under this article, and
any rules so made shall have effect subject to the provisions of any such Act
310. Tenure
of office of persons serving the
(1) Except
as expressly provided by this Constitution, every person who is a member of a
defence service or of a civil service of the Union or of an all India service
or holds any post connected with defence or any civil post under the Union,
holds office during the pleasure of the President, and every person who is a
member of a civil service of a State or holds any civil post under a State
holds office during the pleasure of the Governor of the State
(2) Notwithstanding
that a person holding a civil post under the Union or a State holds office
during the pleasure of the President or, as the case may be, of the Governor of
the State, any contract under which a person, not being a member of a defence
service or of an all India service or of a civil service of the Union or a
State, is appointed under this Constitution to hold such a post may, if the
President or the Governor as the case may be, deems it necessary in order to
secure the services of a person having special qualifications, provide for the
payment to him of compensation, if before the expiration of an agreed period,
that post is abolished or he is, for reasons not connected with any misconduct
on his part, required to vacate that post
311. Dismissal,
removal or reduction in rank of persons employed in civil capacities under the
(1) No
person who is a member of a civil service of the Union or an all
(2) No
such person as aforesaid shall be dismissed or removed or reduced in rank
except after an inquiry in which he has been informed of the charges against
him and given a reasonable opportunity of being heard in respect of those
charges Provided that where it is proposed after such inquiry, to impose upon
him any such penalty, such penalty may be imposed on the basis of the evidence
adduced during such inquiry and it shall not be necessary to give such person
any opportunity of making representation on the penalty proposed: Provided
further that this clause shall not apply
(a) where
a person is dismissed or removed or reduced in rank on the ground of conduct
which has led to his conviction on a criminal charge; or
(b) where
the authority empowered to dismiss or remove a person or to reduce him in rank
ins satisfied that for some reason, to be recorded by that authority in
writing, it is not reasonably practicable to hold such inquiry; or
(c) where
the President or the Governor, as the case may be, is satisfied that in the
interest of the security of the State, it is not expedient to hold such inquiry
(3) If,
in respect of any such person as aforesaid, a question arises whether it is
reasonably practicable to hold such inquiry as is referred to in clause ( 2 ),
the decision thereon of the authority empowered to dismiss or remove such
person or to reduce him in rank shall be final
312. All
(1) Notwithstanding
anything in Chapter VI of Part VI or Part XI, if the Council of States has
declared by resolution supported by not less than two thirds of the members
present and voting that it is necessary or expedient in the national interest
so to do, Parliament may by law provide for the creation of one or more all
India services (including an all India judicial service) common to the Union
and the States, and, subject to the other provisions of this Chapter, regulate
the recruitment, and the conditions of service of persons appointed, to any
such service
(2) The
services known at the commencement of this Constitution as the Indian
Administrative Service and the Indian Police Service shall be deemed to be
services created by Parliament under this article
(3) The
all
(4) The
law providing for the creation of the all
312A. Power
of Parliament to vary or revoke conditions of service of officers of certain
services
(1) Parliament
may by law
(a) vary
or revoke, whether prospectively or retrospectively, the conditions of service
as respects remuneration, leave and pension and the rights as respects
disciplinary matters of persons who, having been appointed by the Secretary of
State or Secretary of State in Council to a civil service of the Crown in India
before the commencement of this Constitution, continue on and after the
commencement of the Constitution (Twenty eight Amendment) Act, 1972 , to serve
under the Government of India or of a State in any service or post;
(b) vary
or revoke, whether prospectively or retrospectively, the conditions of service
as respects pension of persons who, having been appointed b the Secretary of
State or Secretary of State in Council to a civil service of the Crown in India
before the commencement of this Constitution, retired or otherwise ceased to be
in service at any time before the commencement of the Constitution (Twenty
eight Amendment) Act, 1972 : Provided that in the case of any such person who
is holding or has held the office of the Chief Justice or other Judge of the
Supreme Court or a High Court, the Comptroller and Auditor General of India,
the Chairman or other members of the Union or a State Public Service Commission
or the Chief Election Commissioner, nothing in sub clause (a) or sub clause (b)
shall be construed as empowering Parliament to vary or revoke, after his
appointment to such post, the condition of his service to his disadvantage
except in so far as such conditions of his service to his disadvantage except
in so far as such condition of service are applicable to him by reason of his
being a person appointed by the Secretary of State or Secretary of State in
Council to a civil service of the Crown in India
(2) Except
to the extent provided for by Parliament by law under this article, nothing in
this article shall affect the power of any legislature or other authority under
any other provision of this Constitution to regulate the conditions of service
of persons referred to in clause ( 1 )
(3) Neither
the Supreme Court nor any other court shall have jurisdiction in
(a) any
dispute arising out of any provision of, or any endorsement on, any covenant,
agreement or other similar instrument which was entered into or executed by any
person referred to in clause ( 1 ), or arising out of any letter issued to such
person, in relation to his appointment to any civil service of the Crown in
India or his continuance in service under the Government of the Dominion of
India or a Province thereof; any dispute in respect of any right, liability or
obligation under Article 314 as originally enacted The provisions of the
article shall have effect notwithstanding anything in Article 314 as originally
enacted or in any other provision of this Constitution
313. Transitional
provisions Until other provision is made in this behalf under this Constitution,
all the laws in force immediately before the commencement of this Constitution
and applicable to any public service or any post which continues to exist after
the commencement of service or post under the Union or a State shall continue
in force so far as consistent with the provisions of this Constitution
314. Provision
for protection of existing officers of certain services Rep by the Constitution
(Twenty eight Amendment) Act, 1972 , Section 3 (w e f 29 08 1972 ) CHAPTER II
PUBLIC SERVICE COMMISSION
315. Public
Service Commissions for the
(1) Subject
to the provisions of this article, there shall be a Public Service Commission
for the
(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
(5) References
in this Constitution to the Union Public Service Commission or a State Public
Service Commission shall, unless the context otherwise requires, be construed
as references to the Commission serving the needs of the Union or, as the case
may be, the State as respects the particular matter in question
316. Appointment
and term of office of members
(1) The
Chairman and other members of a Public Service Commission shall be appointed,
in the case of the Union Commission or a Joint Commission, by the President,
and in the case of a State Commission, by the Governor of the State: Provided
that as nearly as may be one half of the members of every Public Service
Commission shall be persons who at the dates of their respective appointments
have held office for at least ten years either under the Government of India or
under the Government of a State, and in computing the said period of ten years
any period before the commencement of this Constitution during which a person
has held office under the Crown in India or under the Government of an Indian
State shall be included
(1A) If
the office of the Chairman of the Commission becomes vacant or if any such
Chairman is by reason of absence or for any other reason unable to perform the
duties of his office, those duties shall, until some persons appointed under
clause ( 1 ) to the vacant office has entered on the duties thereof or, as the
case may be, until the Chairman has resumed his duties, be performed by such
one of the other members of the Commission as the President, in the case of the
Union Commission or a Joint Commission, and the Governor of the State in the
case of a State in the case of a State Commission, may appoint for the purpose
(2) A
member of a Public Service Commission shall hold office for a term of six years
from the date on which he enters upon his office or until he attains, in the
case of the Union Commission, the age of sixty five years, and in the case of a
State Commission or a Joint Commission, the age of sixty two years, whichever
is earlier: Provided that
(a) a
member of a Public Service Commission may, by writing under his hand addressed,
in the case of the Union Commission or a Joint Commission, to the President,
and in the case of a State Commission, to the Governor of the State, resign his
office;
(b) a
member of a Public Service Commission may be removed from his office in the
manner provided in clause ( 1 ) or clause ( 3 ) of Article 317
(3) A
person who holds office as a member of a Public Service Commission shall, on
the expiration of his term of office, be ineligible for re appointment to that
office
317. Removal
and suspension of a member of a Public Service Commission
(1) Subject
to the provisions of clause ( 3 ), the Chairman or any other member of a Public
Service Commission shall only be removed from his office by order of the
President on the ground of misbehaviour after the Supreme Court, on reference
being made to it by the President, has, on inquiry held in accordance with the
procedure prescribed in that behalf under Article 145, reported that the
Chairman or such other member, as the case may be, ought on any such ground to
be removed
(2) The
President, in the case of the Union Commissionor a Joint Commission, and the
Governor in the case of a State Commission, may suspend from office the
Chairman or any other member of the Commission in respect of whom a reference
has been made to the Supreme Court under clause ( 1 ) until the President has
passed orders on receipt of the report of the Supreme Court on such reference
(3) Notwithstanding
anything in clause ( 1 ), the President may by order remove from office the
Chairman or any other member of a Public Service Commission if the Chairman or
such other member, as the case may be,
(a) is
adjudged an insolvent; or
(b) engages
during his term of office in any paid employment outside the duties of his
office; or
(c) is,
in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body
(4) If
the Chairman or any other member of a Public Service Commission is or becomes
in any way concerned or interested in any contract or agreement made by or on
behalf of the Government of India or the Government of a State or participates
in any way in the profit thereof or in any benefit or emolument arising
therefrom otherwise than as a member and in common with the other members of an
incorporated company, he shall, for the purposes of clause ( 1 ), be deemed to
be guilty of misbehaviour
318. Power
to make regulations as to conditions of service of members and staff of the
Commission In the case of the Union Commission or a Joint Commission, the
President and, in the case of a State Commission, the Governor of the State may
by regulations
(a) determine
the, number of members of the Commission and their conditions of service; and
(b) make
provision with respect to the number of members of the staff of the commission
and their conditions of service: Provided that the conditions of service of a member
of a Public Service Commission shall not be varied to his disadvantage after
his appointment
319. Prohibition
as to the holding of offices by members of Commission on ceasing to be such
members On ceasing to hold office
(a) the
Chairman of the Union Public Service Commission shall be ineligible for further
employment either under the Government of India or under the Government of a
State;
(b) the
Chairman of a State Public Service Commission shall be eligible for appointment
as the Chairman or any other member of the Union Public Service Commission or
as the Chairman of any other State Public Service Commission, but not for any
other employment either under the Government of India or under the Government
of a State;
(c) a
member other than the Chairman of th Union Public Service Commission shall be
eligible for appointment as the Chairman of the Union Public Service commission
or as the Chairman of a State Public Service Commission, but not for any other
employment either under the Government of India or under the Government of a
State;
(d) a
member other than the Chairman of a State Public Service Commission shall be
eligible for appointment as the Chairman or any other member of the Union
Public Service Commission or as the Chairman of that of any other State Public
Service Commission, but not for any other employment either under the
Government of India or under the Government of a State
320. Functions
of Public Service Commissions
(1) It
shall be the duty of the Union and the State Public Service Commission to
conduct examinations for appointments to the services of the
(2) It
shall also be the duty of the Union Public Service Commission, if requested by
any two or more State so to do, to assist those States in framing and operating
schemes of joint recruitment for any services for which candidates possessing
special qualifications are required
(3) The
Union Public Service Commission or the State Public Service Commission, as the
case may be, shall be consulted
(a) on
all matters relating to methods of recruitment to civil services and for civil
posts;
(b) on
the principles to be followed in making appointments to civil services and
posts and in making promotions and transfers from one service to another and on
the suitability of candidates for such appointments, promotions or transfers;
(c) on
all disciplinary matters affecting a person serving under the Government of
India or the Government of a State in a civil capacity, including memorials or
petitions relating to such matters;
(d) on
any claim by or in respect of a person who is serving or has served under the
Government of India or the Government of a State or under the Crown in India or
under the Government of an Indian State, in a civil capacity, that any costs
incurred by him in defending legal proceedings instituted against him in
respect of acts done or purporting to be done in the execution of his duty
should be paid out of the Consolidated Fund of India, or, as the case may be,
out of the Consolidated Fund of the State;
(e) on
any claim for the award of a pension in respect of injuries sustained by a
person while serving under the Government of India or the Government of a State
or under the Crown in India or under the Government of an Indian State, in a
civil capacity, and any question as to the amount of any such award, and it
shall be the duty of a Public Service Commission to advice on any matter so
referred to them and on any other matter which the President, or, as the case
may be, the Governor, of the State, may refer to them: Provided that the
President as respects the all India services and also as respects other
services and posts in connection with the affairs of the Union, and the
Governor, as respects other services and posts in connection with the affairs
of a State, may make regulations specifying the matters in which either
generally, or in any particular class of case or in any particular
circumstances, it shall not be necessary for a Public Service Commission to be
consulted
(4) Nothing
in clause ( 3 ) shall require a Public Service Commission to be consulted as
respects the manner in which any provision referred to in clause ( 4 ) of
Article 16 may be made or as respects the manner in which effect maybe given to
the provisions of Article 335
(5) All
regulations made under the proviso to clause ( 3 ) by the President or the
Governor of a State shall be laid for not less than fourteen days before each
House of Parliament or the House or each House of the Legislature of the State,
as the case may be, as soon as possible after they are made, and shall be
subject to such modifications, whether by way of repeal or amendment, as both Houses
of Parliament or the House or both Houses of the Legislature of the State may
make during the session in which they are so laid
321. Power
to extend functions of Public Service Commissions An Act made by Parliament or,
as the case may be, the Legislature of a State may provide for the exercise of
additional functions by the Union Public Service Commission or the State Public
Service Commission as respects the services of the Union of the State and also
as respects the services of any local authority or other body corporate
constituted by law or of any public institution
322. Expenses
of Public Service Commission The expenses of the Union or a State Public
Service Commission, including any salaries, allowances and pensions payable to
or in respect of the members or staff of the Commission, shall be charged on
the Consolidated Fund of India or, as the case may be, the Consolidated Fund of
the State
323. Reports
of Public Service Commissions
(1) It
shall be the duty of the Union Commission to present annually to the President
a report as to the work done by the Commission and on receipt of such report
the President shall cause a copy thereof together with a memorandum explaining,
as respects the cases, if any, where the advice of the Commission was not
accepted, the reason for such non acceptance to be laid before each House of
Parliament
(2) It
shall be the duty of a State Commission to present annually to the Governor of
the State a report as to the work done by the Commission, and it shall be the
duty of a Joint Commission to present annually to the Governor of each of the
States the needs of which are served by the Joint Commission a report as to the
work done by the Commission in relation to that State, and in either case the
Governor shall, on receipt of such report, cause a copy thereof together with a
memorandum explaining, as respects the cases, if any, where the advice of the
Commission was not accepted, the reasons for such non acceptance to be laid
before the Legislature of the State PART XIVA TRIBUNALS
323. A
Administrative tribunals Parliament may, by law, provide for the adjudication
or trial by administrative tribunals of disputes and complaints with respect to
recruitment and conditions of service of persons appointed to public services
and posts in connection with the affairs of the Union or of any State or of any
local or other authority within the territory of India or under the control of
the Government of India or of any corporation owned or controlled by the
Government
(2) A
law made under clause ( 1 ) may
(a) provide
for the establishment of an administrative tribunal for the
(b) specify
the jurisdiction, powers (including the power to punish for contempt) and
authority which may be exercised by each of the said tribunals;
(c) provide
for the procedure (including provisions as to limitation and rules of evidence)
to be followed by the said tribunals;
(d) exclude
the jurisdiction of all courts, except the jurisdiction of the Supreme Court
under Article 136, with respect to the disputes or complaints referred to in
clause ( 1 );
(e) provide
for the transfer to each such administrative tribunal of any cases pending
before any court or other authority immediately before the establishment of
such tribunal as would have been within the jurisdiction of such tribunal if
the cause of action on which such suits or proceedings are based had arisen
after such establishment;
(f) repeal
or amend any order made by the President under clause ( 3 ) of Article 371D;
(g) contain
such supplemental, incidental and consequential provisions (including
provisions as to fees) as Parliament may deem necessary for the effective
functioning of, and for the speedy disposal of cases by, and the enforcement of
the orders of, such tribunals
(3) The
provisions of this article shall have effect notwithstanding anything in any
other provision of this Constitution or in any other law for the time being in
force
323B. Tribunals
for other matters
(1) The
appropriate Legislature may, by law, provide for the adjudication or trial by
tribunals of any disputes, complaints, or offences with respect to all or any
of the matters specified in clause ( 2 ) with respect to which such Legislature
has power to make laws
(2) The
matters referred to in clause ( 1 ) are the following, namely:
(a) levy,
assessment, collection and enforcement of any tax;
(b) foreign
exchange, import and export across customs frontiers;
(c) industrial
and labour disputes;
(d) land
reforms by way of acquisition by the State of any estate as defined in Article
31A or of any rights therein or the extinguishment or modification of any such
rights or by way of ceiling on agricultural land or in any other way;
(e) ceiling
on urban property;
(f) elections
to either House of Parliament or the House or either House of the Legislature
of a State, but excluding the matters referred to in Article 329 and Article
329A;
(g) production,
procurement, supply and distribution of foodstuffs (including edible oilseeds
and oils) and such other goods as the President may, by public notification,
declare to be essential goods for the purpose of this article and control of
prices of such goods;
(h) offences
against laws with respect to any of the matters specified in sub clause (a) to
(g) and fees in respect of any of those matters;
(i) any
matter incidental to any of the matters specified in sub clause (a) to (h)
324. Superintendence,
direction and control of elections to be vested in an Election Commission
(1) The
superintendence, direction and control of the preparation of the electoral
rolls for, and the conduct of, all elections to Parliament and to the
Legislature of every State and of elections to the offices of President and
Vice President held under this Constitution shall be vested in a Commission
(referred to in this Constitution as the Election Commission)
(2) The
Election Commission shall consist of the Chief Election Commissioner and such
number of other Election Commissioners, if any, as the President may from time
to time fix and the appointment of the Chief Election Commissioner and other
Election Commissioners shall, subject to the provisions of any law made in that
behalf by Parliament, be made by the President
(3) When
any other Election Commissioner is so appointed the Chief Election Commissioner
shall act as the Chairman of the Election Commission
(4) Before
each general election to the House of the People and to the Legislative
Assembly of each State, and before the first general election and thereafter
before each biennial election to the Legislative Council of each State having
such Council, the President may also appoint after consultation with the
Election Commission such Regional Commissioners as he may consider necessary to
assist the Election Commission in the performance of the functions conferred on
the Commission by clause ( 1 )
(5) Subject
to the provisions of any law made by Parliament, the conditions of service and
tenure of office of the Election Commissioners and the Regional Commissioners
shall be such as the President may by rule determine; Provided that the Chief
Election Commissioner shall not be removed from his office except in like
manner and on the like grounds as a Judge of the Supreme Court and the
conditions of service of the Chief Election Commissioner shall not be varied to
his disadvantage after his appointment: Provided further that any other
Election Commissioner or a Regional Commissioner shall not be removed from
office except on the recommendation of the Chief Election Commissioner
(6) The
President, or the Governor of a State, shall, when so requested by th Election
Commission, make available to the Election Commission or to a Regional
Commissioner such staff as may be necessary for the discharge of the functions
conferred on the Election Commission by clause ( 1 )
325. No
person to be ineligible for inclusion in, or to claim to be included in a
special, electoral roll on grounds of religion, race, caste or sex There shall
be one general electoral roll for every territorial constituency for election
to either House of Parliament or to the House or either House of the
Legislature of a State and no person shall be ineligible for inclusion in any
such roll or claim to be included in any special electoral roll for any such
constituency on grounds only of religion, race, caste, sex or any of them
326. Elections
to the House of the People and to the Legislative Assemblies of States to be on
the basis of adult suffrage The elections to the House of the People and to the
Legislative Assembly of every State shall be on the basis of adult suffrage;
but is to say, every person who is a citizen of India and who is not less than
twenty one years of age on such date as may be fixed in that behalf by or under
any law made by the appropriate legislature and is not otherwise disqualified
under this constitution or any law made by the appropriate Legislature on the
ground of non residence, unsoundness of mind, crime or corrupt or illegal
practice, shall be entitled to be registered as a voter at any such election
327. Power
of Parliament to make provision with respect to elections to Legislatures
Subject to the provisions of this constitution, Parliament may from time to
time by law made provision with respect to all matters relating to, or in
connection with, elections to either House of Parliament or to the House or
either House of the Legislature of a State including the preparation of
electoral rolls, the delimitation of constituencies and all other matters
necessary for securing the due constitution of such House or Houses
328. Power
of Legislature of a State to make provision with respect to elections to such
Legislature Subject to the provisions of this Constitution and in so far as
provision in that behalf is not made by Parliament, the Legislature of a State
may from time to time bylaw make provision with respect to all matters relating
to, or in connection with, the elections to the House or either House of the
Legislature of the State including the preparation of electoral rolls and all
other matters necessary for securing the due constitution of such House or
Houses
329. Bar
to interference by courts in electoral matters Notwithstanding anything in this
Constitution
(a) the
validity of any law relating to the delimitation of constituencies or the
allotment of seats to such constituencies, made or purporting to be made under
Article 327 or Article 328, shall not be called in question in any court;
(b) No
election to either House of Parliament or to the House or either House of the
Legislature of a State shall be called in question except by an election petition
presented to such authority and in such manner as may be provided for by or
under any law made by the appropriate Legislature
329. A
Special provision as to elections to Parliament in the case of Prime Minister
and Speaker Omitted PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation
of seats for Scheduled Castes and Scheduled Tribes in the House of the People
(1) Seats
shall be reserved in the House of the People for
(a) the
Scheduled Castes;
(b) the
Scheduled Tribes except the Scheduled Tribes in the autonomous districts of
(c) the
Scheduled Tribes in the autonomous districts of
(2) The
number of seats reserved in any State or Union territory for the Scheduled
Castes or the Scheduled Tribes under clause ( 1 ) shall bear, as nearly as may
be, the same proportion to the total number of seats allotted to that State or
Union territory in the House of the People as the population of the Scheduled
Castes in the State or Union territory or of the Scheduled Tribes in the State
or Union territory or part of the State or Union territory, as the case may be,
in respect of which seats are so reserved, bears to the total population of the
State or Union territory
(3) Notwithstanding
anything contained in clause ( 2 ), the number of seats reserved in the House
of the People for the Scheduled Tribes in the autonomous districts of Assam
shall bear to the total number of seats allotted to that State a proportion not
less than the population of the Scheduled Tribes in the said autonomous
districts bears to the total population of the State Explanation In this
article 332, the expression population means the population as ascertained at
the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of
which the relevant figures have been published shall, until the relevant
figures for the first census taken after the year 2000 have been published, be
construed as a reference to the 1971 census
331. Representation
of the Anglo Indian community in the Hose of the People Notwithstanding
anything in Article 81, the President may, if he is of opinion that the Anglo
Indian community is not adequately represented in the House of the people,
nominate not more than two members of that community to the House of the People
332. Reservation
of seats for Scheduled Castes and Scheduled Tribes in the Legislative
Assemblies of the States
(1) Seats
shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the
Scheduled Tribes in the tribal areas of
(2) Seats
shall be reserved also for the autonomous districts in the Legislative Assembly
of the State of Assam
(3) The
number of seats reserved for the Scheduled Castes or the Scheduled Tribes in
the Legislative Assembly nearly as may be, the same proportion to the total
number of seats in the Assembly as the population of the Scheduled Castes in th
State or of the Scheduled Tribes in the State or part of the State, as the case
may be, in respect of which seats are so reserved bears to the total population
of the State
(4) The
number of seats reserved for an autonomous district in the legislative Assembly
of the State of Assam shall bear to the total number of seats in that Assembly
a proportion not less than the population of the district bears to the total
population of the State
(5) The
constituencies for the seats reserved for any autonomous district of Assam
shall not comprise any area outside that district
(6) No
person who is not a member of a Scheduled Tribe of any autonomous district of
the State of Assam shall be eligible for election to the Legislative Assembly
of the State from any constituency of that district
333. Representation
of the Anglo Indian community in the Legislative Assemblies of the States
Notwithstanding anything in Article 170, the Governor of a State may, if he is
of opinion that the Anglo Indian community needs representation in the
Legislative Assembly of the State and is not adequately represented therein,
nominate one member of that community to the Assembly
334. Reservation
of seats and special representation to cease after forty years Notwithstanding
anything in the foregoing provisions of this Part, the provisions of
Constitution relating to
(a) the
reservation of seats for the Scheduled Castes and the Scheduled Tribes in the
House of the People and in the Legislative Assemblies of the States; and
(b) the
representation of the Anglo Indian community in the House of the People and in
the Legislative Assemblies of the States by nomination, shall cease to have
effect on the expiration of a period of forty years from the commencement of
this Constitution: Provided that nothing in this article shall affect any
representation in the House of the People or in the legislative Assembly of a
State until the dissolution of the then existing House or Assembly, as the case
may be
335. Claims
of Scheduled Castes and Scheduled Tribes to services and posts The claims of
the members of the Scheduled Castes and the Scheduled Tribes shall be taken
into consideration, consistently with the maintenance of efficiency of
administration, in the making of appointments to services and posts in
connection with the affairs of the
336. Special
provision for Anglo Indian community in certain services
(1) During
the first two years after the commencement of this Constitution, appointments
of members of the Anglo Indian community to posts in the railway, customs,
postal and telegraph services of the Union shall be made on the same basis as
immediately before the fifteenth day of August, 1947 During every succeeding
period of two years, the number of posts reserved for the members of the said
community in the said services shall, as nearly as possible, be less by ten per
cent than the numbers so reserved during the immediately preceding period of
two years: Provided that at the end of ten years from the commencement of this
Constitution all such reservations shall cease
(2) Nothing
in clause ( 1 ) shall bar the appointment of members of the Anglo Indian
community to posts other than, or in addition to, those reserved for the
community under that clause if such members are found qualified for appointment
on merit as compared with the members of other communities
337. Special
provision with respect to educational grants for the benefit of Anglo Indian
community During the first three financial years after the commencement of this
Constitution, the same grants, if any, shall be made by the Union and by each
State for the benefit of the Anglo Indian community in respect of education as
were made in the financial year ending on the thirty first day of March, 1948
During every succeeding period of three years the grants may be less by ten per
cent than those for the immediately preceding period of three years: Provided
that at the end of ten years from the commencement of this Constitution such grants,
to the extent to which they are a special concession to the Anglo Indian
community, shall cease: Provided further that no educational institution shall
be entitled to receive any grant under this article unless at least forty per
cent of annual admissions therein are made available to members of communities
other than the Anglo Indian community
338. Special
Officer for Scheduled Castes, Scheduled Tribes etc
(1) There
shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be
appointed by the President
(2) It
shall be the duty of the Special Officer to investigate all matters relating to
the safeguards provided for the Scheduled Castes and Scheduled Tribes under
this Constitution and report to the President upon the working of those
safeguards at such intervals as the President may direct, and the President
shall cause all such reports to be laid before each House of Parliament
(3) In
this article references to the Scheduled Castes and Scheduled Tribes shall be
construed as including references to such other backward classes as the
President may, on receipt of the report of a Commission appointed under clause
( 1 ) of Article 340, by order specify and also to the Anglo Indian community
339. Control
of the
(1) The
President may at any time and shall, at the expiration of ten years from the
commencement of this Constitution by order appoint a Commission to report on
the administration of the Scheduled Areas and the welfare of this Scheduled
Tribes in the States The order may define the composition, powers and procedure
of the Commission and may contain such incidental or ancillary provisions as
the President may consider necessary or desirable
(2) The
executive power of the
340. Appointment
of a Commission to investigate the conditions of backward classes
(1) The
President may by order appoint a Commission consisting of such persons as he
thinks fit to investigate the conditions of socially and educationally backward
classes within the territory of India and the difficulties under which they
labour and to make recommendations as to the steps that should be taken by the
Union or any State to remove such difficulties and to improve their condition
and as to the grants that should be made for the purpose by the Union or any
State the conditions subject to which such grants should be made, and the order
appointing such Commission shall define the procedure to be followed by the
Commission
(2) A
Commission so appointed shall investigate the matters referred to them and
present to the President a report setting out the facts as found by them and
making such recommendations as they think proper
(3) The
President shall cause a copy of the report so presented together with a
memorandum explaining the action taken thereon to be laid before each House of
Parliament
341. Scheduled
Castes
(1) The
President may with respect to any State or Union territory, and where it is a
State after consultation with the Governor thereof, by public notification,
specify the castes, races or tribes or parts of or groups within castes, races
or tribes which shall for the purposes of this Constitution be deemed to be
Scheduled Castes in relation to that State or Union territory, as the case may
be
(2) Parliament
may by law include in or exclude from the list of Scheduled Castes specified in
a notification issued under clause ( 1 ) any caste, race or tribe or part of or
group within any caste, race or tribe, but save as aforesaid a notification
issued under the said clause shall not be varied by any subsequent notification
342. Scheduled
Tribes
(1) The
President may with respect to any State or Union territory, and where it is a
State, after consultation with the Governor thereof, by public notification,
specify the tribes or tribal communities or parts of or groups within tribes or
tribal communities which shall for the purposes of this Constitution be deemed
to be Scheduled Tribes in relation to that State or Union territory, as the
case may be
(2) Parliament
may by law include in or exclude from the list of Scheduled Tribes specified in
a notification issued under clause ( 1 ) any tribe or tribal community or part
of or group within any tribe or tribal community, but save as aforesaid a
notification issued under the said clause shall not be varied by any subsequent
notification PART XVII OFFICIAL LANGUAGE CHAPTER I LANGUAGE OF THE UNION
343. Official
language of the
(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
(2) Notwithstanding
anything in clause ( 1 ), for a period of fifteen years from the commencement
of this Constitution, the English language shall continue to be used for all
the official purposes of the Union for which it was being used immediately
before such commencement: Provided that the president may, during the said
period, by order authorise the use of the Hindi language in addition to the
English language and of the Devanagari form of numerals in addition to the
international form of Indian numerals for any of the official purposes of the
Union
(3) Notwithstanding
anything in this article, Parliament may by law provide for the use, after the
said period of fifteen years, of
(a) the
English language, or
(b) the
Devanagari form of numerals, for such purposes as may be specified in the law
344. Commission
and Committee of Parliament on official language
(1) The
President shall, at the expiration of five years from the commencement of this
Constitution and thereafter at the expiration of ten years from such
commencement, by order constitute a Commission which shall consist of a
Chairman and such other members representing the different languages specified
in the English Schedule as the President may appoint, and the order shall
define the procedure to be followed by the Commission
(2) It
shall be the duty of the Commission to make recommendations to the President as
to
(a) the
progressive use of the Hindi language for the official purposes of the
(b) restrictions
on the use of the English language for all or any of the official purposes of
the
(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
(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
(3) In
making their recommendations under clause ( 2 ), the Commission shall have due
regard to the industrial, cultural and scientific advancement of India, and the
jut claims and the interests of persons belonging to the non Hindi speaking
areas in regard to the public services
(4) There
shall be constituted a Committee consisting of thirty members, of whom twenty
shall be members of the House of the People and ten shall be members of the
Council of States to be elected respectively by the members of the House of the
People and the members of the council of States in accordance with the system
of proportional representation by means of the single transferable vote
(5) It
shall be the duty of the Committee to examine the recommendations of the
Commission constituted under clause ( 1 ) and to report to the President their
opinion thereon
(6) Notwithstanding
anything in Article 343, the President may, after consideration of the report
referred to in clause ( 5 ), issue directions in accordance with the whole or
any part of that report CHAPTER II REGIONAL LANGUAGES
345. Official
language or languages of a State Subject to the provisions of Article 346 and
347, the Legislature of a State may by law adopt any one or more of the
languages in use in the State or Hindi as the language or languages to be used
for all or any of the official purposes of that State: Provided that, until the
Legislature of the State otherwise provides by law, the English language shall
continue to be used for those official purposes within the State for which it
was being used immediately before the commencement of this Constitution
346. Official
language for communication between one State and another or between a State and
the Union The language for the time being authorised for use in the Union for
official purposes shall be the official language for communication between one
State and another State and between a State and the Union: Provided that if two
or more States agree that the Hindi language should be the official language
for communication between such States, that language may be used for such
communication
347. Special
provision relating to language spoken by a section of the population of a State
On a demand being made in that behalf the President may, if he is satisfied
that a substantial proportion of the population of a State desire the use of
any language spoken by them to be recognised throughout that State or any part
thereof for such purpose as he may specify CHAPTER III LANGUAGE OF THE SUPREME COURT,
HIGH COURTS, ETC
348. Language
to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc
(1) Notwithstanding
anything in the foregoing provisions of this Part, until Parliament by law
otherwise provides
(a) all
proceedings in the Supreme Court and in every High Court,
(b) the
authoritative texts
(i) of
all Bills to be introduced or amendments thereto to be moved in either House of
Parliament or in the House or either House of the Legislature of a State,
(ii) of
all Acts passed by Parliament or the Legislature of a State and of all
Ordinances promulgated by the President or the Governor of a State, and
(iii) of
all orders, rules, regulations and bye laws issued under this Constitution or
under any law made by Parliament or the Legislature of a State, shall be in the
English language
(2) Notwithstanding
anything in sub clause (a) of clause ( 1 ), the Governor of a State may, with
the previous consent of the President, authorise the use of the Hindi language,
or any other language used for any official purposes of the State, in
proceedings in the High Court having its principal seat in that State: Provided
that nothing in this clause shall apply to any judgment, decree or order passed
or made by such High Court
(3) Notwithstanding
anything in sub clause (b) of clause ( 1 ), where the Legislature of a State
has prescribed any language other than the English language for use in Bills
introduced in, or Acts passed by, the Legislature of the State or in Ordinances
promulgated by the Governor of the State or in any order, rule, regulation or
bye law referred to in paragraph (iii) of that sub clause, a translation of the
same in the English language published under the authority of the Governor of
the State in the Official Gazette of that State shall be deemed to be the
authoritative text thereof in the English language under this article
349. Special
procedure for enactment of certain laws relating to language During the period
of fifteen years from the commencement of this Constitution, no Bill or
amendment making provision for the language to be used for any of the purposes
mentioned in clause ( 1 ) of Article 348 shall be introduced or moved in either
House of Parliament without the previous sanction of the President, and the
President shall not give his sanction to the introduction of any such Bill or
the moving of any such amendment except after he has taken into consideration
the recommendations of the Commission constituted under clause ( 1 ) of Article
344 and the report of the Committee constituted under clause ( 4 ) of that
article CHAPTER IV SPECIAL DIRECTIVES
350. Language
to be used in representations for redress of grievances Every person shall be entitled
to submit a representation for the redress of any grievance to any officer or
authority of the Union or a State in any of the languages used in the Union or
in the State, as the case may be
350. A
Facilities for instruction in mother tongue at primary stage It shall be the
endeavour of every State and of every local authority within the State to
provide adequate facilities for instruction in the mother tongue at the primary
stage of education to children belonging to linguistic minority groups; and the
President may issue such directions to any State as he considers necessary or
proper for securing the provision of such facilities
350. B
Special Officer for linguistic minorities
(1) There
shall be a Special Officer for linguistic minorities to be appointed by the
President
(2) It
shall be the duty of the Special Officer to investigate all matters relating to
the safeguards provided for linguistic minorities under this Constitution and
report to the President upon those matters at such intervals as the president
may direct, and the President may direct, and the President shall cause all
such reports to be laid before each House of Parliament, and sent to the
Governments of the States concerned
351. Directive
for development of the Hindi language It shall be the duty of the Union to
promote the spread of the Hindi language, to develop it so that it may serve as
a medium of expression for all the elements of the composite culture of India
and to secure its enrichment by assimilating without interfering with its
genius, the forms, style and expressions used in Hindustani and in the other
languages of India specified in the Eighth Schedule, and by drawing, wherever
necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily
on other languages PART XVIII EMERGENCY PROVISIONS
352. Proclamation
of Emergency
(1) If
the President is satisfied that a grave emergency exists whereby the security
of India or of any part of the territory thereof is threatened, whether by war
or external aggression or armed rebellion, he may, by Proclamation, made a
declaration to that effect in respect of the whole of India or of such part of
the territory thereof as may be specified in the Proclamation Explanation A
Proclamation of Emergency declaring that the security of India or any part of
the territory thereof is threatened by war or by external aggression or by
armed rebellion may be made before the actual occurrence of war or of any such
aggression or rebellion, if the President is satisfied that there is imminent
danger thereof
(2) A
Proclamation issued under clause (I) may be or revoked by a subsequent
proclamation
(3) The
President shall not issue a Proclamation under clause (I) or a Proclamation
varying such Proclamation unless the decision of the Union Cabinet (that is to
say, the Council consisting of the Prime Minister and other Ministers of
Cabinet rank under Article 75) that such a Proclamation may be issued has been
communicated to him in writing
(4) Every
Proclamation issued under this article shall be laid before each House of
Parliament and shall, except where it is a Proclamation revoking a previous
Proclamation, cease to operate at the expiration of one month unless before the
expiration of that period it has been approved by resolutions of both Houses of
Parliament Provided that if any such Proclamation (not being a Proclamation
revoking a previous Proclamation) is issued at a time when the House of the
People has been dissolved, or place during the period of one month referred to
in this clause, and if a resolution approving the Proclamation has been passed
by the Council of States, but no resolution with respect to such Proclamation
has been passed by the House of the People before the expiration of that period,
the Proclamation shall cease to operate at the expiration of thirty days from
the date on which the House of the People first sits after its reconstitution,
unless before the expiration of the said period of thirty days a resolution
approving the Proclamation has been also passed by the House of the People
(5) A
Proclamation so approved shall, unless revoked, cease to operate on the
expiration of a period of six months from the date of the passing of the second
of the resolutions approving the proclamation under clause ( 4 ); Provided that
if and so often as a resolution approving the continuance in force of such a
Proclamation is passed by both Houses of Parliament the Proclamation shall,
unless revoked, continue in force for a further period of six months from the
date on which it would otherwise have ceased of operate under this clause
Provided further that if the dissolution of the House of the People takes place
during any such period of six months an a resolution approving the continuance
in force of such Proclamation has been passed by the House of the People during
the said period, the Proclamation shall cease to operate at the expiration of
thirty days from the date on which the House of the People first sits after its
reconstitution unless before the expiration of the said period of thirty days,
a resolution approving the continuance in force of the proclamation has been
also passed by the House of the People
(6) For
the purpose of clause ( 4 ) and ( 5 ), a resolution may be passed by either
House of Parliament only by a majority of the total membership of that House
and by a majority of not less than two thirds of the members of that House present
and voting
(7) Notwithstanding
anything contained in the foregoing clauses, the President shall revoke a
Proclamation issued under clause (l) or a Proclamation varying such
Proclamation if the House of the People passes a resolution disapproving, or,
as the case may be, disapproving the continuance in force of, such Proclamation
(8) Where
a notice in writing signed by not less than one tenth of the total number of
members of the House of the People has been given of, their intention to move a
resolution for disapproving, or, as the case may be, for disapproving the
continuance in force of, a Proclamation issued under clause (l) or a Proclamation
varying such Proclamation,
(a) to
the Speaker, if the House is in session; or
(b) to
the President, if the House is not in session, a special sitting of the House
shall be held within fourteen days from the date on which such notice is
received by the Speaker, or as the case may be, by the President, for the
purpose of considering such resolution
(9) The
power conferred on the President by this article shall include the power to
issue different Proclamations on different grounds, being war or external
aggression or armed rebellion or imminent danger of war or external aggression
or armed rebellion, whether or not here is a Proclamation already issued by the
President under clause (l) and such Proclamation is in operation
353. Effect
of Proclamation of Emergency While a Proclamation of Emergency is in operation,
then
(a) notwithstanding
anything in this Constitution, the executive power of the
(b) the
power of Parliament to make laws with respect to any matter shall include power
to make laws conferring powers and imposing duties, or authorising the conferring
of powers and the imposition of duties, upon the Union or officers and
authorities of the Union as respects that matter, notwithstanding that t is one
which is not enumerated in the Union List; Provided that where a Proclamation
of Emergency is in operation only in any part of the territory of India,
(i) the
executive power of the
(ii) the
power of Parliament to make laws under clause (b), shall also extend to any
State other than a State in which or in any part of which the Proclamation of
Emergency is in operation if and in so far as the security of India or any part
of the territory thereof is threatened by activities in or in relation to the
part of the territory of India in which the Proclamation of Emergency is in
operation
354. Application
of provisions relating to distribution of revenues while a Proclamation of
Emergency is in operation (l) The President may, while a Proclamation of
Emergency is in operation, by order direct that all or any of the provisions of
Articles 268 to 279 shall for such period, not extending in any case beyond the
expiration of the financial year in which such Proclamation ceases to operate,
as may be specific in the order, have effect subject to such exceptions or
modifications as he thinks fit
(2) Every
order made under clause (l) shall, as soon as may be after it is made, be laid
before each House of Parliament
355. Duty
of the Union to protect States against external aggression and internal
disturbance It shall be the duty of the
356. Provisions
in case of failure of constitutional machinery in State
(1) If
the President, on receipt of report from the Governor of the State or
otherwise, is satisfied that a situation has arisen in which the government of
the State cannot be carried on in accordance with he provisions of this
Constitution, the President may be Proclamation
(a) assume
to himself all or any of the functions of the Government of the State and all
or any of the powers vested in or exercisable by the Governor or any body or
authority in the State other than the Legislature of the State;
(b) declare
that the powers of the Legislature of the State shall be exercisable by or
under the authority of Parliament;
(c) make
such incidental and consequential provisions as appear to the president to be
necessary or desirable for giving effect to the objects of the Proclamation,
including provisions for suspending in whole or in part the operation of any
provisions of this constitution relating to any body or authority in the State
Provided that nothing in this clause shall authorise the President to assume to
himself any of the powers vested in or exercisable by a High Court, or to
suspend in whole or in part the operation of any provision of this Constitution
relating to High Courts
(2) Any
such Proclamation may be revoked or varied by a subsequent Proclamation
(3) Every
Proclamation issued under this article except where it is a Proclamation revoking
a previous Proclamation, cease to operate at the expiration of two months
unless before the expiration of that period it has been approved by resolutions
of both Houses of Parliament Provided that if any such Proclamation (not being
a Proclamation revoking a previous Proclamation) is issued at a time when the
House of the People is dissolved or the dissolution of the House of the People
takes place during the period of two months referred to in this clause, and if
a resolution approving the Proclamation has been passed by the Council of
States, but no resolution with respect to such Proclamation has been passed by
the House of the People before the expiration of that period, the Proclamation
Shall cease to operate at the expiration of thirty days from the date on which
the House of the People first sits after its reconstitution unless before the
expiration of the said period of thirty days a resolution approving the
Proclamation has been also passed by the House of the People
(4) A
Proclamation so approved shall, unless revoked, cease to operate on the
expiration of a period of six months from the date of issue of the
Proclamation: Provided that if and so often as a resolution approving the
continuance in force of such a Proclamation is passed by both Houses of
Parliament, the Proclamation shall, unless revoked, continue in force for a
further period of six months from the date on which under this clause it would
otherwise have ceased to operating, but no such Proclamation shall in any case
remain in force for more than three years: Provided further that if the
dissolution of the House of the People takes place during any such period of
six months and a resolution approving the continuance in force of such
Proclamation has been passed by the Council of States, but no resolution with
respect to the continuance in force of such Proclamation has been passed by the
House of the People during the said period, the Proclamation shall cease to
operate at the expiration of thirty days from the date on which the House of
the People first sits after its reconstitution unless before the expiration of
the said period of thirty days a resolution approving the continuance in force
of the Proclamation has been also passed by the House of the People
(5) Notwithstanding
anything contained in clause ( 4 ), a resolution with respect to the
continuance in force of a Proclamation approved under clause ( 3 ) for any
period beyond the expiration of one year from the date of issue of such
proclamation shall not be passed by either House of Parliament unless
(a) a
Proclamation of Emergency is in operation, in the whole of India or, as the
case may be, in the whole or any part of the State, at the time of the passing
of such resolution, and
(b) the
Election Commission certifies that the continuance in force of the Proclamation
approved under clause ( 3 ) during the period specified in such resolution is
necessary on account of difficulties in holding general elections to the
Legislative Assembly of the State concerned: Provided that in the case of the
Proclamation issued under clause ( 1 ) on the 6 th day of October, 1985 with
respect to the State of Punjab, the reference in this clause to any period
beyond the expiration of two years
357. Exercise
of legislative powers under Proclamation issued under Article 356
(1) Whereby
a Proclamation issued under clause ( 1 ) of Article 356, it has been declared
that the powers of the Legislature of the State shall be exercisable by or
under the authority of Parliament, it shall be competent
(a) for
Parliament to confer on the President the power of the Legislature of the State
to make laws, and to authorise the President to delegate, subject to such
conditions as he may think fit to impose, the power so conferred to any other
authority to be specified by him in that behalf;
(b) for
Parliament, or for the President or other authority in whom such power to make
laws is vested under sub clause (a), to make laws conferring powers and
imposing duties, or authorising the conferring of powers and the imposition of
duties, upon the Union or officers and authorities thereof;
(c) for
the President to authorise when the House of the People is not in session
expenditure from the Consolidated Fund of the State pending the sanction of
such expenditure by Parliament
(2) Any
law made in exercise of the power of the Legislature of the State by Parliament
or the President or other authority referred to in sub clause (a) of clause ( 1
) which Parliament or the President or such other authority would not, but for
the issue of a Proclamation under Article 356, have been competent to make
shall, after the Proclamation has ceased to operate, continue in force until
altered or repealed or amended by a competent Legislature or other authority
358. Suspension
of provisions of Article 19 during emergencies
(1) While
a Proclamation of Emergency declaring that the security of India or any part of
the territory thereof is threatened by war or by external aggression is in
operation, nothing in Article 19 shall restrict the power of the State as
defined in Part III to make any law or to take any executive action which the
State would but for the provisions contained in that Part be competent to make
or to take, but any law so made shall, to the extent of the in competency,
cease to have effect as soon as the Proclamation ceases to operate, except as
respects things done or omitted to be done before the law so ceases to have
effect: Provided that where such Proclamation of Emergency is in operation only
in any part of the territory of India, any such law may be made, or any such
executive action may be taken, under this article in relation to or in any State
or Union territory in which or in any part of which the Proclamation of
Emergency is not in operation, if and in so far as the security of India or any
part of the territory thereof is threatened by activities in or in relation to
the part of the territory of India in which the Proclamation of Emergency is in
operation
(2) Nothing
in clause ( 1 ) shall apply (a) to any law which does not contain a recital to
the effect that such law is in relation to the Proclamation of Emergency in
operation when it is made; or (b) to any executive action taken otherwise than
under a law containing such a recital
359. Suspension
of the enforcement of the rights conferred by Part III during emergencies
(1) Where
a Proclamation of Emergency is in operation, the President may by order declare
that the right to move any court for the enforcement of such of the rights
conferred by Part III (except Article 20 and 21) as may be mentioned in the
order and all proceedings pending in any court for the enforcement of the
rights so mentioned shall remain suspended for the period during which the
Proclamation is in force or for such shorter period as may be specified in the
order
(1A) While
an order made under clause ( 1 ) mentioning any of the rights conferred by Part
III (except Article 20 and 21) is in operation, nothing in that Part conferring
those rights shall restrict the power of the State as defined in the said Part
to make any law or to take any executive action which the State would but for
the provisions containing in that Part be competent to make or to take, but any
law so made shall, to the extent of the in competency, cease to have effect as
soon as the order aforesaid ceases to operate, except as respects things done
or omitted to be done before the law so ceases to have effect Provided that
where a Proclamation of Emergency is in operation only in any part of the
territory of India, any such law may be made, or any such executive action may
be taken, under this article in relation to or in any State or Union territory
in which or in any part of which the Proclamation of Emergency is not in
operation, if and in so far as the security of India or any part of the
territory thereof is threatened by activities in or in relation to the part of
the territory of India in which the Proclamation of Emergency is in operation
(1B) Nothing
in clause ( 1A ) shall apply
(a) to
any law which does not contain a recital to the effect that such law is in
relation to the Proclamation of Emergency in operation when it is made; or
(b) to
any executive action taken otherwise than under a law containing such a recital
(2) An
order made as aforesaid may extend to the whole or any part of the territory of
India: Provided that where a Proclamation of Emergency is in operation only in
a part of the territory of India, any such order shall not extend to any other
part of the territory of India unless the President, being satisfied that the
security of India or any part of the territory thereof is threatened by
activities in or in relation to the part of the territory of India in which the
Proclamation of Emergency is in operation, considers such extension to be
necessary
(3) Every
order made under clause ( 1 ) shall, as soon may be after it is made, be laid
before each House of Parliament
360. Provisions
as to financial emergency
(1) If
the President is satisfied that a situation has arisen whereby the financial
stability or credit of
(2) A
Proclamation issued under clause ( 1 )
(a) may
be revoked or varied by a subsequent Proclamation;
(b) shall
be laid before each House of Parliament;
(c) shall
cease to operate at the expiration of two months unless before the expiration
of that period it has been approved by resolutions of both Houses of
Parliament: Provided that if any such Proclamation is issued at a time when the
House of the People has been dissolved or the dissolution of the House of the
People takes place during the period of two months referred to in sub clause
(c), and if a resolution approving the Proclamation has been passed by the
Council of States, but no resolution with respect to such Proclamation has been
passed by the House of the People before the expiration of that period, the
Proclamation shall cease to operate at the expiration of thirty days from the
ate on which the House of the People first sits after its reconstitution,
unless before the expiration of the said period of thirty days a resolution
approving the Proclamation has been also passed by the House of the People
(3) During
the period any such Proclamation as is mentioned in clause ( 1 ) is in
operation, the executive authority of the Union shall extend to the giving of
directions to any State to observe such canons of financial propriety as may be
specified in the directions, and to the giving of such other directions as the
President may deem necessary and adequate for the purpose
(4) Notwithstanding
anything in this Constitution
(a) any
such direction may include
(i) a
provision requiring the reduction of salaries and allowances of all or any
class of persons serving in connection with the affairs of a State;
(ii) a
provision requiring all Money Bills or other Bills to which the provisions of
Article 207 apply to be reserved for the consideration of the President after
they are passed by the Legislature of the State;
(b) it
shall be competent for the President during the period any Proclamation issued
under this article is in operation to issue directions for the reduction of
salaries and allowances of all or any class of persons serving in connection
with the affairs of the Union including the Judges of the Supreme Court and the
High Courts PART XIX MISCELLANEOUS
361. Protection
of President and Governors and Rajpramukhs
(1) The
President, or the Governor or Rajpramukh of a State, shall not be answerable to
any court for the exercise and performance of the powers and duties of his
office or for any act done or purporting to be done by him in the exercise and
performance of those powers and duties: Provided that the conduct of the
President may be brought under review by any court, tribunal or body appointed
or designated by either House of Parliament for the investigation of a charge
under Article 61: Provided further that nothing in this clause shall be
construed as restricting the right of any person to bring appropriate
proceedings against the Governor of India or the Government of a State
(2) No
criminal proceedings whatsoever shall be instituted or continued against the
President, or the Governor of a State, in any court during his term of office
(3) No
process for the arrest or imprisonment of the President, or the Governor of a
State, shall issue from any court during his term of office
(4) any
civil proceedings in which relief is claimed against the President, or the
Governor of a State, shall be instituted during his term of office in any court
in respect of any act done or purporting to be done by him in his personal
capacity, whether before or after he entered upon his office as President, or
as Governor of such State, until the expiration of two months next after notice
in writing has been delivered to the President or Governor, as the case may be,
or left at his office stating the nature of the proceedings, the cause of
action therefor, the name, description and place of residence of the party by
whom such proceedings are to be instituted and the relief which he claims
361. A
Protection of publication of proceedings of Parliament and State Legislature
(1) No
person shall be liable to any proceedings, civil or criminal, in any court in
respect of the publication in a newspaper of a substantially true report of any
proceedings of either House of Parliament or the Legislative Assembly, or, as
the case may be, either House of the Legislature, of a State, unless the
publication is proved to have been made with malice: Provided that nothing in
this clause shall apply to the publication of any report of the proceedings of
a secret sitting of either House of Parliament or the Legislative Assembly, or,
as the case may be, either House of the Legislature, of a State
(2) Clause
( 1 ) shall apply in relation to reports or matters broadcast, by means of
wireless telegraphy as part of any programme or service provided by means of a
broadcasting station as it applies in relation to reports or matters published
in a newspaper Explanation In this article, newspaper includes a news agency
report containing material for publication in a newspaper
362. Rights
and privileges of Rulers of Indian States Rep by the Constitution (Twenty sixth
Amendment) Act, 1971 ,
363. Bar
to interference by courts in disputes arising out of certain treaties,
agreements, etc
(1) Notwithstanding
anything in this Constitution but subject to the provisions of Article 143,
neither the Supreme Court nor any other court shall have jurisdiction in any
dispute arising out of any provision of a treaty, agreement, covenant,
engagement, sanad or other similar instrument which was entered into or
executed before the commencement of this Constitution by any Ruler of an Indian
State and to which the Government was a party and which has or has been
continued in operation after such commencement, or in any dispute in respect of
any right accruing under or any liability or obligation arising out of any of
the provisions of this Constitution relating to any such treaty, agreement,
covenant, engagement, sanad or other similar instrument
(2) In
this article
(a) Indian
State means any territory recognised before the commencement of this
Constitution by His Majesty or the Government of the Dominion of India as being
such a State; and
(b) Ruler
includes the Prince, Chief or other person recognised before such commencement
by His Majesty or the Government of the Dominion of India as the Ruler of any
Indian State
363. A
Recognition granted to Rulers of Indian States to cease and privy purses to be
abolished Notwithstanding anything in this Constitution or in any law for the
time being in force
(a) the
Prince, Chief or other person who, at any time before the commencement or the
Constitution (Twenty sixth Amendment) Act, 1971 , was recognised by the
President as the Ruler of an Indian State or any person who, at any time before
such commencement, was recognised by the President as the successor of such
Ruler shall, on and from such commencement, cease to be recognised as such
Ruler or the successor of such Ruler;
(b) on
and from the commencement of the Constitution (Twenty sixth Amendment) Act,
1971 , privy purse is abolished and all rights, liabilities and obligations in
respect of privy purse are extinguished and accordingly the Ruler or, as the
case may be, the successor of such Ruler, referred to in clause (a) or any
other person shall not be paid any sum as privy purse
364. Special
provisions as to major ports and aerodromes
(1) Notwithstanding
anything in this Constitution, the President may by public notification direct
that as from such date as may be specified in the notification
(a) any
law made by Parliament or by the Legislature of a State shall not apply to any
major port or aerodrome or shall apply thereto subject to such exceptions or
modifications as may be specified in the notification, or
(b) any
existing law shall cease to have effect in any major port or aerodrome except
as respects things done or omitted to be done before the said date, or shall in
its application to such port or aerodrome have effect subject to such
exceptions or modifications as may be specified in the notification
(2) In
this article
(a) major
port means a port declared to be a major port by or under any law made by
Parliament or any existing law and includes all areas for the time being
included within the limits of such port;
(b) aerodrome
means aerodrome as defined for the purposes of the enactment s relating to
airways, aircraft and air navigation
365. Effect
of failure to comply with, or to give effect to, directions given by the Union
Where any State has failed to comply with or to give effect to any directions
given in the exercise of the executive power of the Union under any directions
given in the exercise of the executive power of the Union under any of the
provisions of this Constitution, it shall be lawful for the President to hold
that a situation has arisen in which the government of the State cannot be
carried on in accordance with the provisions of this Constitution
366. Definition
In this Constitution, unless the context otherwise requires, the following
expressions have l, the meanings hereby respectively assigned to them, that is to
say
(1) agricultural
income means agricultural income as defined for the purposes of the enactments
relating to Indian income tax;
(2) an
Anglo Indian means a person whose father or any of whose other male progenitors
in the male line is or was of European descent but who is domiciled within the
territory of India and is or was born within such territory of parents
habitually resident therein and not established there for temporary purposes
only;
(3) article
means an article of this Constitution;
(4) borrow
includes the raising of money by the grant of annuities, and loan shall be
construed accordingly;
(5) clause
means a clause of the article in which the expression occurs;
(6) corporation
tax means any tax on income, so far as that tax is payable by companies and is
a tax in the case of which the following conditions are fulfilled:
(a) that
it is not chargeable in respect of agricultural income;
(b) that
no deduction in respect of the tax paid by companies is, by any enactments
which may apply to the tax, authorised to be made from dividends payable by the
companies to individuals;
(c) that
no provision exists for taking the tax so paid into account in computing for
the purposes of Indian income tax the total income of individuals receiving
such dividends, or in computing the Indian income tax payable by, or refundable
to, such individuals;
(7) corresponding
Province, corresponding Indian State or corresponding State means in cases of
doubt such Province, Indian State or State as may be determined by the
President to be the corresponding Province, the corresponding Indian State or
the corresponding State, as the case may be, for the particular purpose in
question;
(8) debt
includes any liability in respect of any obligation to repay capital sums by
way of annuity and any liability under any guarantee, and debt charges shall be
construed accordingly;
(9) estate
duty means a duty to be assessed on or by reference to the principal value,
ascertained in accordance with such rules as may be prescribed by or under laws
made by Parliament or the Legislature of a State relating to the duty, of all
property passing upon death or deemed, under the provisions of the said laws,
so to pass;
(10) existing
law means any law, Ordinance, order, bye law, rule or regulation passed or made
before the commencement of this Constitution by any Legislature, authority or
person having power to make such a law, Ordinance, order, bye law, rule or
regulation;
(11) Federal
Court means the Federal Court constituted under the Government of India Act,
1935 ;
(12) goods
includes all materials, commodities, and articles;
(13) guarantee
includes any obligation undertaken before the commencement of this Constitution
to make payments in the event of the profits of an undertaking falling short of
a specified amount;
(14) High
Court means any court which is deemed for the purposes of this Constitution to
be a High Court for any State and includes
(a) any
Court in the
(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)
(16) Part
means a part of this Constitution;
(17) pension
means a pension, whether contributory or not, of any kind whatsoever payable to
or in respect of any person, and includes retired pay so payable, a gratuity so
payable and any sum or sums so payable by way of the return, with or without
interest thereon or any other addition thereto, of subscriptions to a provident
fund;
(18) Proclamation
of Emergency means a Proclamation issued under clause ( 1 ) of Article 352;
(19) public
notification means a notification in the Gazette of India, or, as the case may
be, the Official Gazette of a State;
(20) railway
does not include
(a) a
tramway wholly within a municipal area, or
(b) any
other line of communication wholly situate in one State and declared by
Parliament by law not to be a railway;
(22) Ruler
means the Prince, Chief or other person who, at any time before the
commencement of the Constitution (Twenty sixth Amendment) Act, 1971 , was
recognised by the President as the Ruler of an Indian State or any person who,
at any time before such commencement, was recognised by the President as the
successor of such Ruler;
(23) Schedule
means a Schedule to this Constitution;
(24) Scheduled
Castes means such cases, races or tribes or parts of or groups within such
castes, races or tribes as are deemed under Article 341 to be Scheduled Castes
for the purposes of this Constitution;
(25) Scheduled
Tribes means such tribes or tribal communities or parts of or groups within
such tribes or tribal communities as are deemed under Article 342 to be
Scheduled Tribes for the purposes of this Constitution;
(26) securities
includes stock;
(27) sub
clause means a sub clause of the clause in which the expression occurs;
(28) taxation
includes the imposition of any tax or impost, whether general or local or
special, and tax shall be construed accordingly;
(29) tax
on income includes a tax in the nature of an excess profits tax;
(29A) tax
on the sale or purchase of goods includes
(a) a
tax on the transfer, otherwise than in pursuance of a contact, of property in
any goods for cash, deferred payment or other valuable consideration;
(b) a
tax on the transfer of property in goods (whether as goods or in some other
form) invoked in the execution of a works contract;
(c) a
tax on the delivery of goods on hire purchase or any system of payment by
instalments;
(d) a
tax on the transfer of the right to use any goods for any purpose (whether or
not for a specified period) for cash, deferred payment or other valuable
consideration;
(e) a
tax on the supply of goods by any unincorporated association or body of persons
to a member thereof for cash, deferred payment or other valuable consideration;
(f) a
tax on the supply, by way of or as part of any service or in any other manner
whatsoever, of goods, being food or any other article for human consumption or
any drink (whether or not intoxicating), where such supply or service, is for
cash, deferred payment or other valuable consideration, and such transfer,
delivery or supply of any goods shall be deemed to be a sale of those goods by
the person making the transfer, delivery or supply and a purchase of those
goods by the person to whom such transfer, delivery or supply is made;
(30) Union
territory means any Union territory specified in the First Schedule and
includes any other territory comprised within the
367. Interpretation
(1) Unless
the context otherwise requires, the General Clauses Act, 1897 , shall, subject
to any adaptations and modifications that may be made therein under Article
372, apply for the interpretation of this Constitution as it applies for the
interpretation of an Act of the Legislature of the Dominion of India
(2) Any
reference in this Constitution to Acts or laws of, or made by, Parliament, or
to Acts or laws of, or made by, the Legislature of a State, shall be construed
as including a reference to an Ordinance made by the President or, to an
Ordinance made by a Governor, as the case may be
(3) For
the purposes of this Constitution foreign State means any State other than
[1][(4) For the
purposes of this Constitution as it applies in relation to the State of Jammu
and Kashmir,---
(a) references to this
Constitution or to the provisions thereof shall be construed as references to
the Constitution or the provisions thereof as applied in relation to the said
State;
(b) references to the person for
the time being recognized 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, shall be construed as references to the Governor of Jammu and
Kashmir;
(c) references to the Government
of the said State shall be construed as including references to the Governor of
Jammu and Kashmir acting on the advice of his Council of Ministers; and
(d) in provisio to clause (3) or article 370 of this Constitution, the expression “Constituent Assembly of the State referred to in clause (2)” shall read “Legislative Assembly of the State”.”]
368. Power
of Parliament to amend the Constitution and procedure therefor
(1) Notwithstanding
anything in this Constitution, Parliament may in exercise of its constituent
power amend by way of addition, variation or repeal any provision of this
Constitution in accordance with the procedure laid down in this article
(2) An
amendment of this Constitution may be initiated only by the introduction of a
Bill for the purpose in either House of Parliament, and when the Bill is passed
in each House by a majority of the total membership of that House present and
voting, it shall be presented to the President who shall give his assent to the
Bill and thereupon the Constitution shall stand amended in accordance with the
terms of the Bill: Provided that if such amendment seeks to make any change in
(a) Article
54, Article 55, Article 73, Article 162 or Article 241, or
(b) Chapter
IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
(c) any
of the Lists in the Seventh Schedule, or
(d) the
representation of States in Parliament, or
(e) the
provisions of this article, the amendment shall also require to be ratified by
the Legislature of not less than one half of the States by resolution to that
effect passed by those Legislatures before the Bill making provision for such
amendment is presented to the President for assent
(3) Nothing
in Article 13 shall apply to any amendment made under this article
(4) No
amendment of this Constitution (including the provisions of Part III) made or
purporting to have been made under this article whether before or after the
commencement of Section 55 of the Constitution (Forty second Amendment) Act,
1976 shall be called in question in any court on any ground
(5) For
the removal of doubts, it is hereby declared that there shall be no limitation
whatever on the constituent power of Parliament to amend by way of addition,
variation or repeal the provisions of this Constitution under this article PART
XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
369. Temporary
power to Parliament to make laws with respect to certain matters in the State
List as if they were matters in the Concurrent List Notwithstanding anything in
this Constitution, Parliament shall, during a period of five years from the
commencement of this constitution, have power to make laws with respect to the
following matters as if they were enumerated in the Concurrent List, namely:
(a) trade
and commerce within a State in, and in production, supply and distribution of,
cotton and woollen textiles, raw cotton (including ginned cotton and unginned
cotton or kapas), cotton seed, paper (including newsprint), foodstuffs
(including edible oilseeds and oil), cattle fodder (including oil cakes and
other concentrates), coal (including coke and derivatives of coal), iron, steel
and mica;
(b) offences
against laws with respect to any of the matters mentioned in clause (a),
jurisdiction and powers of all courts except the Supreme Court with respect to
any of those matters, and fees in respect of any of those matters but not
including fees taken in any court; but any law made by Parliament, which
Parliament would not but for the provisions of this article have been competent
to make, shall, to the extent of the incompetency, cease to have effect on the
expiration of the said period, except as respects things done or omitted to be
done before the expiration thereof
370. Temporary
provisions with respect to the State of
(1) Notwithstanding
anything in this Constitution,
(a) the
provisions of Article 238 shall not apply in relation to the State of
(b) the
power of Parliament to make laws for the said State shall be limited to
(i) those
matters in the Union List and the Concurrent List which, in consultation with
the Government of the State, are declared by the President to correspond to
matters specified in the Instrument of Accession governing the accession of the
State to the Dominion of India as the matters with respect to which the
Dominion Legislature may make laws for that State; and
(ii) such
other matters in the said Lists as, with the concurrence of the Government of
the State, the President may by order specify Explanation For the purposes of
this article, the Government of the State means the person for the time being
recognised by the President as the Maharaja of Jammu and Kashmir acting on the
advice of the Council of Ministers for the time being in office under the
Maharajas Proclamation dated the fifth day of March, 1948 ;
(c) the
provisions of Article 1 and of this article shall apply in relation to that
State;
(d) such
of the other provisions of this Constitution shall apply in relation to that
State subject to such exceptions and modifications as the President may by
order specify: Provided that no such order which relates to the matters
specified in the Instrument of Accession of the State referred to in paragraph
(i) of sub clause (b) shall be issued except in consultation with the
Government of the State: Provided further that no such order which relates to
matters other than those referred to in the last preceding proviso shall be
issued except with the concurrence of that Government
(2) If
the concurrence of the Government of the State referred to in paragraph (ii) of
sub clause (b) of clause ( 1 ) or in the second proviso to sub clause (d) of
that clause be given before the Constituent Assembly for the purpose of framing
the Constitution of the State is convened, it shall be placed before such
Assembly for such decision as it may take thereon
(3) Notwithstanding
anything in the foregoing provisions of this article, the President may, by
public notification, declare that this article shall cease to be operative or
shall be operative only with such exceptions and modifications and from such
date as he may specify:---
Provided that the recommendation of the [2][Legislative Assembly of the State] (Constituent Assembly of the State referred to in clause ( 2
))[3] shall be necessary
before the President issues such a notification
371. Special
provision with respect to the States of Maharashtra and
(2) Notwithstanding
anything in this Constitution, the President may by order made with respect to
the State of
(a) the
establishment of separate development boards for Vidarbha, Marathwada, and the
rest of Maharashtra or, as the case may be, Saurashtra,
(b) the
equitable allocation of funds for developmental expenditure over the said
areas, subject to the requirements of the State as a whole; and
(c) an
equitable arrangement providing adequate facilities for technical education and
vocational training, and adequate opportunities for employment in service under
the control of the State Government, in respect of all the said areas, subject
to the requirements of the State as a whole
371A. Special
provision with respect to the State of
(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
(b) the
Governor of Nagaland shall have special responsibility with respect to law and
order in the State of Nagaland for so long as in his opinion internal
disturbances occurring in the Naga Hills Tuensang Area immediately before the
formation of that State continue therein or in any part thereof and in the
discharge of his functions in relation thereto the Governor shall, after
consulting the Council of Ministers, exercise his individual judgment as to the
action to be taken: Provided that if any question arises whether any matter is
or is not a matter as respects which the Governor is under this sub clause
required to act in the exercise of his individual judgment, the decision of the
Governor in his discretion shall be final, and the validity of anything done by
the Governor shall not be called in question on the ground that he ought or
ought not to have acted in the exercise of his individual judgment: Provided
further that if the President on receipt of a report from the Governor or
otherwise is satisfied that it is no longer necessary for the Governor to have
special responsibility with respect to law and order in the State of Nagaland,
he may by order direct that the Governor shall cease to have such
responsibility with effect from such date as may be specified in the order;
(c) in
making his recommendation with respect to any demand for a grant, the Governor
of Nagaland shall ensure that any money provided by the Government of India out
of the Consolidated Fund of India for any specific service or purpose is
included in the demand for a grant relating to that service or purpose and not
in any other demand;
(d) as
from such date as the Governor of nagaland may by public notification in this
behalf specify, there shall be estalished a regional council for the Tuensang
district consisting of thirty five members and the Governor shall in his
discretion make rules providing for
(i) the
composition of the regional council and the manner in which the members of the
regional council shall be chosen: Provided that the Deputy Commissioner of the
Tuensang district shall be the Chairman ex officio of the regional council and
the Vice Chairman of the regional council shall be elected by the members
thereof from amongst themselves;
(ii) the
qualifications for being chosen as, and for being, members of the regional
council;
(iii) the
term of office of, and the salaries and allowances, if any, to be paid to
members of, the regional council;
(iv) the
procedure and conduct of business of the regional council;
(v) the
appointment of officers and staff of the regional council and their conditions
of services; and
(vi) any
other matter in respect of which it is necessary to make rules for the
constitution and proper functioning of the regional council
(2) Notwithstanding
anything in this Constitution, for a period of ten years from the date of the
formation of the State of
(a) the
administration of the Tuensang district shall be carried on by the Governor;
(b) where
any money is provided by the Government of India to the Government of Nagaland
to meet the requirements of the State of nagaland as a whole, the Governor
shall in his discretion arrange for an equitable allocation of that money
between the Tuensang district and the rest of the State;
(c) no
Act of the Legislature of Nagaland shall apply to the Tuensang district unless
the Governor, on the recommendation of the regional council, by public
notification so directs and the Governor in giving such direction with respect
to any such Act may direct that the Act shall in its application to the
Tuensang district or any part thereof have effect subject to such exceptions or
modifications as the Governor may specify on the recommendation of the regional
council: Provided that any direction given under this sub clause may be given
so as to have retrospective effect;
(d) the
Governor may make regulations for the peace, progress and good government of
the Tuensang district and any regulations so made may repeal or amend with
retrospective effect, if necessary, any Act of Parliament or any other law
which is for the time being applicable to that district;
(i) one
of the members representing the Tuensang district in the Legislative Assembly
of nagaland shall be appointed Minister for Tuensang affairs by the Governor on
the advice of the Chief Minister and the Chief Minister in tendering his advice
shall act on the recommendation of the majority of the members as aforesaid;
(ii) the
Minister for Tuensang affairs shall deal with, and have direct access to the
Governor on, all matters relating to the Tuensang district but he shall keep
the Chief Minister informed about the same;
(f) notwithstanding
anything in the foregoing provisions of this clause, the final decision on all
matters relating to the Tuensang district shall be made by the Governor in his
discretion;
(g) in
articles 54 and 55 and clause ( 4 ) of Article 80, references to the elected
members of the Legislative Assembly of a State or to each such member shall
include references to the members or member of the Legislative Assembly of
Nagaland elected by the regional council established under this article;
(h) in
Article 170
(i) clause
( 1 ) shall, in relation to the Legislative Assembly of Nagaland, have effect
as if for the word sixty, the words forty six had been substituted;
(ii) in
the said clause, the reference to direct election from territorial
constituencies in the State shall include election by the members of the
regional council established under this article;
(iii) in
clauses ( 2 ) and ( 3 ), references to territorial constituencies shall mean
references to territorial constituencies in the Kohima and Mokokchung districts
371B. Special
provision with respect to the State of Assam Notwithstanding anything in this
Constitution, the President may, by order made with respect to the State of
Assam, provide for the constitution and functions of a committee of the
Legislative Assembly of the State consisting of members of that Assembly
elected from the tribal areas specified in Part I of the table appended to
paragraph 20 of the Sixth Schedule and such number of other members of that
Assembly as may be specified in the order and for the modifications to be made
in the rules of procedure of that Assembly for the constitution and proper
functioning of such committee
371C. Special
provision with respect to the State of
(1) Notwithstanding
anything in this Constitution, the President may, by order made with respect to
the State of Manipur, provide for the constitution and functions of a committee
of the Legislative Assembly of the State consisting of members of that Assembly
elected from the Hill Areas of that State, for the modifications to be made in
the rules of business of the Government and in the rules of procedure of the
Legislative Assembly of the State and for any special responsibility of the
Governor in order to secure the proper functioning of such committee
(2) The
Governor shall annually, or whenever so required by the President, make a
report to the President regarding the administration of the Hill Areas in the
State of Manipur and the executive power of the Union shall extend to the
giving of directions to the State as to the administration of the said areas
Explanation In this article, the expression Hill Areas means such areas as the
President may, by order, declare to be Hill Areas
371D. Special
provisions with respect to the state of Andhra Pradesh
(1) The
president may by order made with respect to the state of Andhra Pradesh
provide, having regard to the requirements of the state as a whole, for
equitable opportunities and facilities for the people belonging to different
parts of state, in the matter of public employment and in the matter of
education, and different provisions may be made for various parts of the state
(2) An
order made under clause ( 1 ) may, in particular,
(a) require
the state Government to organise any class or classes of posts in a civil
service of, or any classes of civil post of state and allot in accordance with
such principal and procedure as may be specified in the order the persons
holding such post to the local cadres so organised;
(b) specify
any part or parts of the state which shall be regarded as the local area
(i) for
direct recruitment to posts in any local cadre (whether organised in pursuance
of an order under this article or constituted otherwise) under the State
Government;
(ii) for
direct recruitment to posts in any cadre under any local authority within the
State; and
(iii) for
the purposes of admission to any University within the State or to any other
educational institution which is subject to the control of the State
Government;
(c) specify
the extent to which, the manner in which and the conditions subject to which,
preference or reservation shall be given or made
(i) in
the matter of direct recruitment to posts in any such cadre referred to in sub
clause (b) as may be specified in this behalf in the order;
(ii) in
the matter of admission to any such University or other educational institution
referred to in sub clause (b) as may be specified in this behalf in the order,
to or in favour of candidates who have resided or studied for any period
specified in the order in the local area in respect of such cadre, University
or other educational institution, as the case may be
(3) The
President may, by order, provide for the constitution of an Administrative
Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers
and authority including any jurisdiction, power and authority which immediately
before the commencement of the constitution (Thirty second Amendment) Act, 1973
, was exercisable by any court (other than the Supreme Court) or by any
tribunal or other authority as may be specified in the order with respect to
the following matters, namely:
(a) appointment,
allotment or promotion to such class or classes of posts in any civil service
of the State, or to such class or classes of civil posts under the State, or to
such class or classes of posts under the control of any local authority within
the State, as may be specified in the order;
(b) seniority
of persons appointed, allotted or promoted to such class or classes of posts in
any civil service of the State, or to such class or classes of civil posts
under the State, or to such class or classes of posts under the control of any
local authority within the State, as may be specified in the order;
(c) such
other conditions of service of persons appointed, allotted or promoted to such
class or classes of civil posts under the State or to such class or classes of
posts under the control of any local authority within the State, as may be
specified in the order
(4) An
order made under clause ( 3 ) may
(a) authorise
the Administrative Tribunal to receive representations for the redress of
grievances relating to any matter within its jurisdiction as the President may
specify in the order and to make such orders thereon as the Administrative
Tribunal deems fit;
(b) contain
such provisions with respect to the powers and authorities and procedure of the
Administrative Tribunal (including provisions with respect to the powers of the
Administrative Tribunal to punish for contempt of itself) as the President may
deem necessary;
(c) provide
for the transfer of the Administrative Tribunal of such classes of proceedings,
being proceedings relating to matters within its jurisdiction and pending
before any court (other than the Supreme Court) or tribunal or other authority
immediately before the commencement of such order, as may be specified in the
order;
(d) contain
such supplemental, incidental and consequential provisions (including
provisions as to fees and as to limitation, evidence or for the application of
any law for the time being in force subject to any exceptions or modifications)
as the President may deem necessary
(5) The
order of the Administrative Tribunal finally disposing of any case shall become
effective upon its confirmation by the State Government or on the expiry of
three months from the date on which the order is made, whichever is earlier:
Provided that the State Government may, by special order made in writing and
for reasons to be specified therein, modify or annul any order of the
Administrative Tribunal before it becomes effective and in such a case, the
order of the Administrative Tribunal shall have effect only in such modified
form or be of no effect, as the case may be
(6) Every
special order made by the State Government under the proviso to clause ( 5 )
shall be laid, as soon as may be after it is made, before both Houses of the
State Legislature
(7) The
High Court for the State shall not have any powers of superintendence over the
Administrative Tribunal and no court (other than the Supreme Court) or tribunal
shall exercise any jurisdiction, power or authority in respect of any matter
subject to the jurisdiction, power or authority of, or in relation to, the
Administrative Tribunal
(8) If
the President is satisfied that the continued existence of the Administrative
Tribunal is not necessary, the President may by order abolish the
Administrative Tribunal and make such provisions in such order as he may deem
fit for the transfer and disposal of cases pending before the Tribunal
immediately before such abolition
(9) Notwithstanding
any judgment, decree or order of any court, tribunal or other authority,
(a) no
appointment, posting, promotion or transfer of any person
(i) made
before the 1 st day of November, 1956 , to any post under the Government of, or
any local authority within, the State of Hyderabad as it existed before that
date; or
(ii) made
before the commencement of the Constitution (Thirty second Amendment) Act, 1973
, to any post under the Government of, or any local or other authority within,
the State of Andhra Pradesh; and
(b) no
action taken or thing done by or before any person referred to in sub clause
(a), shall be deemed to be illegal or void or ever to have become illegal or
void merely on the ground that the appointment, posting, promotion or transfer
of such person was not made in accordance with any law, then in force,
providing for any requirement as to residence within the State of Hyderabad or,
as the case may be, within any part of the State of Andhra Pradesh, in respect
of such appointment, posting, promotion or transfer
(10) The
provisions of this article and of any order made by the President thereunder
shall have effect notwithstanding anything in any other provision of this
Constitution or in any other law for the time being in force
371E. Establishment
of Central University in Andhra Pradesh Parliament may by law provide for the
establishment of a University in the State of
371F. Special
provisions with respect to the State of
(a) the
Legislative Assembly of the State of Sikkim shall consist of not less than
thirty members;
(b) as
from the date of commencement of the Constitution (Thirty sixth Amendment) Act,
1975 , (hereafter in this article referred to as the appointed day)
(i) the
Assembly for Sikkim formed as a result of the elections held in Sikkim in
April, 1974 with thirty two members elected in the said elections (hereinafter
referred to as the sitting members) shall be deemed to be the Legislative
Assembly of the State of Sikkim duly constituted under this Constitution;
(ii) the
sitting members shall be deemed to be the members of the Legislative Assembly
of the State of Sikkim duly elected under this Constitution; and
(iii) the
said Legislative Assembly of the State of Sikkim shall exercise the powers and
perform the functions of the Legislative Assembly of a State under this
Constitution;
(c) in
the case of the Assembly deemed to be the Legislative Assembly of the State of
Sikkim under clause (b), the references to the period of five years in clause (
1 ) of Article 172 shall be construed as references to a period of four years
and the said period of four years shall be deemed to commence from the
appointed day;
(d) until
other provisions are made by Parliament by law, there shall be allotted to the
State of Sikkim one seat in the House of the People and the State of Sikkim
shall form one parliamentary constituency to be called the parliamentary
constituency for
(e) the
representative of the State of Sikkim in the House of the People in existence
on the appointed day shall be elected by the members of the Legislative
Assembly of the State of Sikkim;
(f) Parliament
may, for the purpose of protecting the rights and interests of the different
sections of the population of Sikkim make provision for the number of seats in
the Legislative Assembly of the State of Sikkim which may be filled by
candidates belonging to such sections and for the delimitation of the assembly
constituencies from which candidates belonging to such sections alone may stand
for election to the Legislative Assembly of the State of Sikkim;
(g) the
Governor of Sikkim shall have special responsibility for peace and for an
equitable arrangement for ensuring the social and economic advancement of
different sections of the population of Sikkim and in the discharge of his
special responsibility under this clause, the Governor of Sikkim shall, subject
to such directions as the President may, from time to time, deem fit to issue,
act in his discretion;
(h) all
property and assets (whether within or outside the territories comprised in the
State of Sikkim) which immediately before the appointed day were vested in the
Government of Sikkim or in any other authority or in any person for the purposes
of the Government of Sikkim shall, as from the appointed day, vest in the
Government of the State of Sikkim;
(i) the
High Court functioning as such immediately before the appointed day in the territories
comprised in the State of Sikkim shall, on and from the appointed day, be
deemed to be the High Court for the State of Sikkim;
(j) all
courts of civil, criminal and revenue jurisdiction, all authorities and all
officers, judicial, executive and ministerial, throughout the territory of the
State of Sikkim shall continue on and from the appointed day to exercise their
respective functions subject to the provisions of this Constitution;
(k) all
laws in force immediately before the appointed day in the territories comprised
in the State of Sikkim or any part thereof shall continue to be in force
therein until amended or repealed by a competent legislature or other competent
authority;
(l) for
the purpose of facilitating the application of any such law as is referred to
in clause (k) in relation to the administration of the State of Sikkim and for
the purpose of bringing the provisions of any such law into accord with the
provisions of this Constitution, the President may, within two years from the
appointed day, by order, make such adaptations and modifications of the law,
whether by way of repeal or amendment, as may be necessary or expedient, and
thereupon, every such law shall have effect subject to the adaptations and
modifications so made, and any such adaptation or modification shall not be
questioned in any court of law;
(m) neither
the Supreme Court nor any other court shall have jurisdiction in respect of any
dispute or other matter arising out of any treaty, agreement, engagement or
other similar instrument relating to Sikkim which was entered into or executed
before the appointed day and to which the Government of India or any of its
predecessor Governments was a party, but nothing in this clause shall be
construed to derogate from the provisions of Article 143;
(n) the
President may, by public notification, extend with such restrictions or
modifications as he thinks fit to the State of Sikkim any enactment which is in
force in a State in India at the date of the notification;
(o) if
any difficulty arises in giving effect to any of the foregoing provisions of
this article, the president may, by order, do anything (including any
adaptation or modification of any other article) which appears to him to be
necessary for the purpose of removing that difficulty: Provided that no such
order shall be made after the expiry of two years from the appointed day;
(p) all
things done and all actions taken in or in relation to the State of Sikkim or
the territories comprised therein during the period commencing on the appointed
day and ending immediately before the date on which the Constitution (Thirty
sixth Amendment) Act, 1975 , be deemed for all purposes to have been validly
done or taken under this Constitution as so amended
371G. Special
provision with respect to the State of
(a) no
Act of President in respect of
(i) religious
or social practices of the Mizos,
(ii) Mizo
customary law and procedure,
(iii) administration
of civil and criminal justice involving decisions according to Mizo customary
law,
(iv) ownership
and transfer of land, shall apply to the State of Mizoram unless the
Legislative Assembly of the State of Mizoram by a resolution so decides:
Provided that nothing in this clause shall apply to any Central Act in force in
the union territory of Mizoram immediately before the commencement of the
Constitution (Fifty third Amendment) Act, 1986 ;
(b) the
Legislative Assembly of the State of
371H. Special
provision with respect to the State of
(a) the
Governor of Arunachal Pradesh shall have special responsibility with respect to
law and order in the State of Arunachal Pradesh and in the discharge of his
functions in relation thereto, the Governor shall, after consulting the Council
of Ministers, exercise his individual judgment as to the action to be taken:
Provided that if any question arises whether any matter is or is not a matter
as respects which the Governor is under this clause required to act in the
exercise of his individual judgment, the decision of the Governor in his discretion
shall be final, and the validity of anything done by the Governor shall not be
called in question on the ground that he ought or ought not to have acted in
the exercise of his individual judgment: Provided further that if the President
on receipt of a report from the Governor or otherwise is satisfied that it is
no longer necessary for the Governor to have special responsibility with
respect to law and order in the State of Arunachal Pradesh, he may by order
direct that the Governor shall cease to have such responsibility with effect
from such date as may be specified in the order;
(b) the
Legislative Assembly of the State of
371I. Special
provision with respect to the State of
372. Continuance
in force of existing laws and their adaptation
(1) Notwithstanding
the repeal by this Constitution of the enactments referred to in Article 395
but subject to the other provisions of this Constitution, all the laws in force
in the territory of India immediately before the commencement of this
Constitution, all the laws in force in the territory of India immediately
before the commencement of this Constitution shall continue in force therein
until altered or repealed or amended by a competent Legislature or other
competent authority
(2) For
the purpose of bringing the provisions of any law in force in the territory of
India into accord with the provisions of this Constitution, the President may
by order make such adaptations and modifications of such law, whether by way of
repeal or amendment, as may be necessary or expedient, and provide that the law
shall, as from such date as may be specified in the order, have effect subject
to the adaptations and modifications so made, and any such adaptation or
modification shall not be questioned in any court of law
(3) Nothing
in clause ( 2 ) shall be deemed
(a) to
empower the President to make any adaptation or modification of any law after
the expiration of three years from the commencement of this Constitution; or
(b) to
prevent any competent Legislature or other competent authority from repealing
or amending any law adapted or modified by the President under the said clause
Explanation I The expression law in force in this article shall include a law
passed or made by a legislature or other competent authority in the territory
of India before the commencement of this Constitution and not previously
repealed, notwithstanding that it or parts of it may not be then in operation
either at all or in particular areas Explanation II Any law passed or made by a
legislature or other competent authority in the territory of India which
immediately before the commencement of this Constitution had extra territorial effect
as well as effect in the territory of India shall, subject to any such
adaptations and modifications as aforesaid, continue to have such extra
territorial effect Explanation III Nothing in this article shall be construed
as continuing any temporary law in force beyond the date fixed for its
expiration or the date on which it would have expired if this Constitution had
not come into force Explanation IV An Ordinance promulgated by the Governor of
a Province under Section 88 of the Government of India Act, 1935 , and in force
immediately before the commencement of this Constitution shall, unless
withdrawn by the Governor of the corresponding State earlier, cease to operate
at the expiration of six weeks from the first meeting after such commencement of
the Legislative Assembly of that State functioning under clause ( 1 ) of
Article 382, and nothing in this article shall be construed as continuing any
such Ordinance in force beyond the said period
372. A
Power of the President to adapt laws
(1) For
the purposes of bringing the provisions of any law in force in India or in any
part thereof, immediately before the commencement of the Constitution (Seventh
Amendment) Act, 1956 , into accord with the provisions of this Constitution as
amended by that Act, the President may by order made before the 1 st day of
November, 1957 make such adaptations and modifications of the law, whether by
way of repeal or amendment, as may be necessary or expedient, and provide that
the law shall, as from such date as may be specified in the order, have effect
subject to the adaptations and modifications so made, and any such adaptation
or modification shall not be questioned in any court of law
(2) Nothing
in clause ( 1 ) shall be deemed to prevent a competent legislature or other
competent authority from repealing or amending any law adapted or modified by
the President under the said clause
373. Power
of President to make order in respect of persons under preventive detention in
certain cases Until provision is made by Parliament under clause ( 7 ) of
Article 22, or until the expiration of one year from the commencement of this
Constitution, whichever is earlier, the said article shall have effect as if
for any reference to Parliament in clauses ( 4 ) and ( 7 ) thereof there were
substituted a reference to the Parliament in those clauses there were
substituted a reference to an order made by the President
374. Provisions
as to Judges of the Federal Court and proceedings pending in the Federal Court
or before His Majesty in Council ( 1 ) The Judges of the Federal Court holding
office immediately before the commencement of this Constitution shall, unless
they have elected otherwise, become on such commencement the Judges of the
Supreme Court and shall thereupon be entitled to such salaries and allowances
and to such rights in respect of leave of absence and pension as are provided
for under Article 125 in respect of the Judges of the Supreme Court
(2) All
suits, appeals and proceedings, civil or criminal, pending in the Federal Court
at the commencement of this Constitution shall, unless they have elected
otherwise, become on such commencement the Judges of the Supreme Court and
shall thereupon be entitled to such salaries and allowances and to such rights
in respect of leave of absence and pension as are provided for under Article
125 in respect of the Judges of the Supreme Court
(3) Nothing
in this Constitution shall operate to invalidate the exercise of jurisdiction
by His Majesty in Council to dispose of appeals and petitions from, or in
respect of, any judgement, decree or order of any court within the territory of
India in so far as the exercise of such jurisdiction is authorised by law, and
any order of His Majesty in Council made on any such appeal or petition after
the commencement of this Constitution shall for all purposes have effect as if
it were an order or decree made by the Supreme Court in the exercise of the
jurisdiction conferred on such Court by this Constitution
(4) On
and from the commencement of this Constitution the jurisdiction of the
authority functioning as the Privy Council in a State specified in Part B of
the First Schedule to entertain and dispose of appeals and petitions from or in
respect of any judgment, decree or order of any court within that State shall
cease, and all appeals and other proceedings pending before the said authority at
such commencement shall be transferred to, and disposed of by, the Supreme
Court
(5) Further
provision may be made by Parliament by law to give effect to the provisions of
this article
375. Courts,
authorities and officers to continue to function subject to the provisions of
the Constitution All courts of civil, criminal and revenue jurisdiction, all
authorities and all officers, judicial, executive and ministerial, throughout
the
376. Provisions
as to Judges of High Courts
(1) Notwithstanding
anything in this clause ( 2 ) of Article 217, the Judges of a High Court in any
Province holding office immediately before the commencement of this
Constitution shall, unless they have elected otherwise, become on such
commencement the Judges of the High Court in the corresponding State, and shall
thereupon be entitled to such salaries and allowances and to such rights in
respect of leave of absence and pension as are provided for under Article 221
in respect of the Judges of such High Court Any such Judge shall,
notwithstanding that he is not a citizen of India, be eligible for appointment
as Chief Justice of such High Court, or as Chief Justice or other Judge of any
other High Court
(2) The
Judges of a High Court in any Indian State corresponding to any State specified
in Part B of the First Schedule holding office immediately before the
commencement of this Constitution shall, unless they have elected otherwise,
become on such commencement the Judges of the High Court in the State so
specified and shall, notwithstanding anything in clauses ( 1 ) and ( 2 ) of
Article 217 but subject to the proviso to clause ( 1 ) of that article, continue
to hold office until the expiration of such period as the President may by
order determine In this article, the expression Judge does not include an
acting Judge or an additional Judge
377. Provisions
as to Comptroller and Auditor General of India The Auditor General of India
holding office immediately before the commencement of this Constitution shall,
unless he has elected otherwise, become on such commencement the Comptroller
and Auditor General of India and shall thereupon be entitled to such salaries
and to such rights in respect of leave of absence and pension as are provided
for under clause ( 3 ) of Article 148 in respect of the Comptroller and Auditor
General of India and be entitled to continue to hold office until the
expiration of his term of office as determined under the provisions which were
applicable to him immediately before such commencement
378. Provisions
as to Public Service Commissions
(1) The
members of the Public Service Commission for the Dominion of India holding
office immediately before the commencement of this Constitution shall, unless
they have elected otherwise, become on such commencement the members of the
Public Service Commission for the Union and shall, notwithstanding anything in
clauses ( 1 ) and ( 2 ) of Article 316 but subject to the proviso to clause ( 2
) of that article, continue to hold office until the expiration of their term
of office as determined under the rules which were applicable immediately
before such commencement to such members
(2) The
members of a Public Service Commission of a Province or of a Public Service
Commission serving the needs of a group of Provinces holding office immediately
before the commencement of this Constitution shall, unless they have elected
otherwise, become on such commencement the members of the Public Service Commission
for the corresponding State or the members of the Joint State Public Service
Commission serving the needs of the corresponding States, as the case may be,
and shall, notwithstanding anything in clauses ( 1 ) and ( 2 ) of Article 316
but subject to the proviso to clause ( 2 ) of that article, continue to hold
office until the expiration of their term of office as determined under the
rules which were applicable immediately before such commencement to such
members
378A. Special
provision as to duration of Andhra Pradesh Legislative Assembly Notwithstanding
anything contained in Article 172, the Legislative Assembly of the State of
Andhra Pradesh as constituted under the provisions of Sections 28 and 29 of the
States Reorganisation Act, 1956 , shall, unless sooner dissolved, continue for
a period of five years from the date referred to in the said Section 29 and no
longer and the expiration of the said period shall operate as a dissolution of
that Legislative Assembly 379 391 Repealed by the Constitution (Seventh
Amendment) Act, 1956 , S 29 and Sch
392. Power
of the President to remove difficulties
(1) The
President may, for the purpose of removing any difficulties, particularly in
relation to the transition from the provisions of the Government of India Act,
1935 , to the provisions of this Constitution, by order direct that this
Constitution shall, during such period as may be specified in the order, have
effect subject to such adaptations, whether by way of modification, addition or
omission, as he may deem to be necessary or expedient: Provided that no such
order shall be made after the first meeting of Parliament duly constituted
under Chapter II of Part V
(2) Every
order made under clause ( 1 ) shall be laid before Parliament
(3) The
powers conferred on the President by this article, by Article 324, by clause (
3 ) of Article 367 and by Article 391 shall, before the commencement of this
Constitution, be exercisable by the Governor General of the Dominion of India
PART XXII SHORT TITLE, COMMENCEMENT AND REPEALS
393. Short
title This Constitution may be called the Constitution of India
394. Commencement
This article and Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391,
392 and 393 shall come into force at once, and the remaining provisions of this
Constitution shall come into force on the twenty sixth day of January, 1950 ,
which day is referred to in this Constitution as the commencement of this
Constitution
395. Repeals
The Indian Independence Act, 1947 , and the Government of India Act, 1935 ,
together with all enactment s amending or supplementing the latter Act, but not
including the Abolition of Privy Council Jurisdiction Act, 1949 , are hereby
repealed FIRST SCHEDULE Articles 1 and 4 I THE STATES Name Territories
1. Andhra
Pradesh The territories specified in sub section ( 1 ) of section 3 of the
Andhra State Act, 1953 , sub section ( 1 ) of section 3 of the States
Reorganisation Act, 1956 , the First Schedule to the Andhra Pradesh and Madras
(Alteration of Boundaries) Act, 1959 , and the Schedule to the Andhra Pradesh
and Mysore (Transfer of Territory) Act, 1968 , but excluding the territories
specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration
of Boundaries) Act, 1959
2. Assam
The territories which immediately before the commencement of this Constitution
were comprised in the Province of Assam, the Khasi States and the Assam Tribal
Areas, but excluding the territories specified in the Schedule to the Assam
(Alteration of Boundaries) Act, 1951 , and the territories specified in sub
section ( 1 ) of section 3 of the State of Nagaland Act, 1962 and the
territories specified in sections 5, 6 and 7 of the North Eastern Areas
(Reorganisation) Act, 1971
3. Bihar
The territories which immediately before the commencement of this Constitution
were either comprised in the Province of Bihar or were being administered as if
they formed part of that Province and the territories specified in clause ( 1 )
of sub section ( 1 ) of section 3 of the Bihar and Uttar Pradesh (Alteration of
Boundaries) Act, 1968 , but excluding the territories specified in sub section
( 1 ) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956
, and the territories specified in clause (b) of sub section ( 1 ) of section 3
of the first mentioned Act
4.
5. Kerala
The territories specified in sub section ( 1 ) of section 5 of the States
Reorganisation Act, 1956
6. Madhya
Pradesh The territories specified in sub section ( 1 ) of section 9 of the
States Reorganisation Act, 1956 and the First Schedule to the Rajasthan and
Madhya Pradesh (Transfer of Territories) Act, 1959
7. Tamil
Nadu The territories which immediately before the commencement of this
Constitution were either comprised in the Province of Madras or were being
administered as if they formed part of that Province and the territories
specified in section 4 of the States Reorganisation Act, 1956 , and the Second
Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959
but excluding the territories specified in sub section ( 1 ) of section 3 and
sub section ( 1 ) of section 4 of the Andhra State Act, 1953 and the
territories specified in clause (b) of sub section ( 1 ) of section 5, section
6 and clause (d) of sub section ( 1 ) of section 7 of the States Reorganisation
Act, 1956 and the territories specified in the First Schedule to the Andhra
Pradesh and Madras (Alteration of Boundaries) Act, 1959
8.
9. Karnataka
The territories specified in sub section ( 1 ) of section 7 of the States
Reorganisation Act, 1956 but excluding the territory specified in the Schedule
to the Andhra Pradesh and
10. Orissa
The territories which immediately before the commencement of this Constitution
were either comprised in the Province of Orissa or were being administered as
if they formed part of that Province
11. Punjab
The territories specified in section 11 of the States Reorganisation Act, 1956 and
the territories referred to in Part II of the First Schedule to the Acquired
Territories (Merger) Act, 1960 but excluding the territories referred to in
Part II of the First Schedule to the Constitution (Ninth Amendment) Act, 1960
and the territories specified in sub section ( 1 ) of section 3, section 4 and
sub section ( 1 ) of section 5 of the Punjab Reorganisation Act, 1966
12. Rajasthan
The territories specified in section 10 of the States Reorganisation Act, 1956
but excluding the territories specified in the First Schedule to the Rajasthan
and Madhya Pradesh (Transfer of Territories) Act, 1959
13. Uttar
Pradesh The territories which immediately before the commencement of this
Constitution were either comprised in the Province known as the United
Provinces or were being administered as if they formed part of that Province,
the territories specified in clause (b) of sub section ( 1 ) of section 3 of
the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 , and the
territories specified in clause (b) of sub section ( 1 ) of section 4 of the
Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 , but excluding
the territories specified in clause (a) of sub section ( 1 ) of section 3 of
the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 , and the
territories specified in clause (a) of sub section ( 1 ) of section 4 of the
Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979
14. West
Bengal The territories which immediately before the commencement of this
Constitution were either comprised in the Province of West Bengal or were being
administered as if they formed part of that Province in the territory of
Chandernagore as defined in clause (c) of section 2 of the Chandernagore
(Merger) Act, 1954 , and also the territories specified in sub section ( 1 ) of
section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956
15.
16. Nagaland
The territories specified in sub section ( 1 ) of section 3 of the State of
17. Haryana
The territories specified in sub section ( 1 ) of section 3 of the Punjab
Reorganisation Act, 1966 and the territories specified in clause (a) of sub
section ( 1 ) of section 4 of the Haryana and Uttar Pradesh (Alteration of
Boundaries) Act, 1979 , but excluding the territories specified in clause (b)
of sub section ( 1 ) of section 4 of that Act
18. Himachal
Pradesh The territories which immediately before the commencement of this
Constitution were being administered as if they were Chief Commissioners
Provinces under the names of Himachal Pradesh and Bilaspur and the Territories
specified in sub section ( 1 ) of section 5 of the Punjab Reorganisation Act,
1966
19. Manipur
The territory which immediately before the commencement of this Constitution
was being administered as if it were a
20. Tripura
The territory which immediately before the commencement of this Constitution
was being administered as if it were a
21. Meghalaya
The territories specified in section 5 of the North Eastern Areas (Reorganisation)
Act, 1971
22.
23. Mizoram
The territories specified in section 6 of the North Eastern Areas
(Reorganisation) Act, 1971
24. Arunachal
Pradesh The territories specified in section 7 of the North Eastern Areas
(Reorganisation) Act, 1971
25. Goa
The territories specified in section 3 of the Goa,
1.
2. The
Andaman and The territory which immediately before the commencement of this
Constitution was comprised in the
3.
4. Dadra
and Nagar The territory which immediately before the eleventh day of August,
1961 was comprised in Free Dadra and Nagar Haveli
5. Daman
and Diu The territories specified in section 4 of the Goa,
6. Pondicherry
The territories which immediately before the sixteenth day of August, 1962 ,
were comprised in the French Establishments in India known as Pondicherry,
Karikal, Mahe and Yanam
7. Chandigarh
The territories specified in section 4 of the Punjab Reorganisation Act, 1966
SECOND SCHEDULE Articles 59 ( 3 ), 65 ( 3 ), 75 ( 6 ), 97, 125, 148 ( 3 ), 158
( 3 ), 164 ( 5 ), 186 and 221 PART A PROVISIONS AS TO THE PRESIDENT AND THE
GOVERNORS OF STATES
1. There
shall be paid to the President and to the Governors of the States the following
emoluments per mensem, that is to say: The President 10, 000 rupees The
Governor of a State 5, 500 rupees
2. There
shall also be paid to the President and to the Governors of the States such
allowances as were payable respectively to the Governor General of the Dominion
of India and to the Governors of the corresponding Provinces immediately before
the commencement of this Constitution
3. The
President and the Governors of the States throughout their respective terms of
office shall be entitled to the same privileges to which the Governor General
and the Governors of the corresponding Provinces were respectively entitled
immediately before the commencement of this Constitution
4. While
the Vice President or any other person is discharging the functions of, or is
acting as, President, or any person is discharging the functions of the
Governor, he shall be entitled to the same emoluments, allowances and
privileges as the President or the Governor whose functions he discharges or
for whom he acts, as the case may be PART C PROVISIONS AS TO THE SPEAKER AND
THE DEPUTY SPEAKER OF THE HOUSE OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY
CHAIRMAN OF THE COUNCIL OF STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE
LEGISLATIVE ASSEMBLY AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE
COUNCIL OF A STATE
7. There
shall be paid to the Speaker of the House of the People and the Chairman of the
Council of States such salaries and allowances as were payable to the Speaker
of the Constituent Assembly of the Dominion of India immediately before the
commencement of this Constitution, and there shall be paid to the Deputy
Speaker of the House of the People and to the Deputy Chairman of the Council of
States such salaries and allowances as were payable to the Deputy Speaker of
the Constituent Assembly of the Dominion of India immediately before such
commencement
8. There
shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly
and to the Chairman and the Deputy Chairman of the Legislative Council of a
State such salaries and allowances as were payable respectively to the Speaker
and the Deputy Speaker of the Legislative Assembly and the President and the
Deputy President of the Legislative Council of the corresponding Province
immediately before the commencement of this Constitution and, where the
corresponding Province had no Legislative Council immediately before such
commencement, there shall be paid to the Chairman and the Deputy Chairman of
the Legislative Council of the State such salaries and allowances as the
Governor of the State may determine PART D PROVISIONS AS TO THE JUDGES OF THE
SUPREME COURT AND OF THE HIGH COURTS
(1) There
shall be paid to the Judges of the Supreme Court, in respect of time spent on
actual service, salary at the following rates per mensem, that is to say: The
Chief Justice 10, 000 rupees Any other Judge 9, 000 rupees: Provided that if a
Judge of the Supreme Court at the time of his appointment is in receipt of a
pension (other than a disability or wound pension) in respect of any previous
service under the Government of India or any of its predecessor Governments or
under the Government of a State or any of its predecessor Governments, his
salary in respect of service in the Supreme Court shall be reduced
(a) by
the amount of that pension, and
(b) if
he has, before such appointment, received in lieu of a portion of the pension
due to him in respect of such previous service the commuted value thereof, by
the amount of that portion of the pension, and
(c) if
he has, before such appointment, received a retirement gratuity in respect of
such previous service, by the pension equivalent of that gratuity
(2) Every
Judge of the Supreme Court shall be entitled without payment of rent to the use
of an official residence
(3) Nothing
in sub paragraph ( 2 ) of this paragraph shall apply to a Judge who,
immediately before the commencement of this Constitution,
(a) was
holding office as the Chief Justice of the Federal Court and has become on such
commencement the Chief Justice of the Supreme Court under clause ( 1 ) of
article 374, or
(b) was
holding office as any other Judge of the Federal Court and has on such
commencement become a Judge (other than the Chief Justice) of the Supreme Court
under the said clause, during the period he holds office as such Chief Justice
or other Judge, and every Judge who so becomes the Chief Justice or other Judge
of the Supreme Court shall, in respect of time spent on actual service as such
Chief Justice or other Judge, as the case may be, be entitled to receive in
addition to the salary specified in sub paragraph ( 1 ) of this paragraph as
special pay an amount equivalent to the difference between the salary so
specified and the salary which he was drawing immediately before such
commencement
(4) Every
Judge of the Supreme Court shall receive such reasonable allowances to
reimburse him for expenses incurred in travelling on duty within the
(5) The
rights in respect of leave of absence (including leave allowances) and pension
of the Judges of the Supreme Court shall be governed by the provisions which,
immediately before the commencement of this Constitution, were applicable to
the Judges of the Federal Court
(1) There
shall be paid to the Judges of High Courts, in respect of time spent on actual
service, salary at the following rates per mensem, that is to say, The Chief
Justice 9, 000 rupees Any other Judge 8, 000 rupees: Provided that if a Judge
of a High Court at the time of his appointment is in receipt of a pension
(other than a disability or wound pension) in respect of any previous service
under the Government of India or any of its predecessor Governments or under
the Government of a State or any of its predecessor Governments, his salary in
respect of service in the High Court shall be reduced
(a) by
the amount of that pension, and
(b) if
he has, before such appointment, received in lieu of a portion of the pension
due to him in respect of such previous service the commuted value thereof, by
the amount of that portion of the pension, and
(c) if
he has, before such appointment, received a retirement gratuity in respect of
such previous service, by the pension equivalent of that gratuity
(2) Every
person who immediately before the commencement of this Constitution
(a) was
holding office as the Chief Justice of a High Court in any Province and has on
such commencement become the Chief Justice of the High Court in the
corresponding State under clause ( 1 ) of article 376, or
(b) was
holding office as any other Judge of a High Court in any Province and has on
such commencement become a Judge (other than the Chief Justice) of the High
Court in the corresponding State under the said clause, shall, if he was
immediately before such commencement drawing a salary at a rate higher than
that specified in sub paragraph ( 1 ) of this paragraph, be entitled to receive
in respect of time spent on actual service as such Chief Justice or other
Judge, as the case may be, in addition to the salary specified in the said sub
paragraph as special pay an amount equivalent to the difference between the
salary so specified and the salary which he was drawing immediately before such
commencement
(3) Any
person who, immediately before the commencement of the Constitution (Seventh
Amendment) Act, 1956 , was holding office as the Chief Justice of the High
Court of a State specified in Part B of the First Schedule and has on such
commencement become the Chief Justice of the High Court of a State specified in
the said Schedule as amended by said Act, shall, if he was immediately before
such commencement drawing any amount as allowance in addition to his salary, be
entitled to receive in respect of time spent on actual service as such Chief
Justice, the same amount as allowance in addition to the salary specified in
sub paragraph ( 1 ) of this paragraph
11. In
this Part, unless the context otherwise requires
(a) the
expression Chief Justice includes an acting Chief Justice, and a Judge includes
an ad hoc Judge;
(b) actual
service includes
(i) time
spent by a Judge on duty as a Judge or in the performance of such other
functions as he may at the request of the President undertake to discharge;
(ii) vacations,
excluding any time during which the Judge is absent on leave; and
(iii) joining
time on transfer from a High Court to the Supreme Court or from one High Court
to another PART E PROVISIONS AS TO THE COMPTROLLER AND AUDITOR GENERAL OF INDIA
(1) There
shall be paid to the Comptroller and Auditor General of
(2) The
person who was holding office immediately before the commencement of this
Constitution as Auditor General of India and has become on such commencement
the Comptroller and Auditor General of India under article 377 shall in
addition to the salary specified in sub paragraph ( 1 ) of this paragraph be
entitled to receive as special pay an amount equivalent to the difference
between the salary so specified and the salary which he was drawing as Auditor
General of India immediately before such commencement
(3) The
rights in respect of leave of absence and pension and the other conditions of
service of the Comptroller and Auditor General of India shall be governed or
shall continue to be governed, as the case may be, by the provisions which were
applicable to the Auditor General of India immediately before the commencement
of this Constitution and all references in those provisions to the Governor
General shall be construed as references to the President THIRD SCHEDULE
Articles 75 ( 4 ), 99, 124 ( 6 ), 148 ( 2 ), 164 ( 3 ), 188 and 2191 Forms of
Oaths or Affirmations I Form of oath of office for a Minister for the Union: I,
A B, do that I will bear true faith and allegiance to the Constitution of India
as by law established, that I will uphold the sovereignty and integrity of
India that I will faithfully and conscientiously discharge my duties as a
Minister for the Union and that I will do right to all manner of people in
accordance with the Constitution and the law, without fear or favour, affection
or ill will II Form of oath of secrecy for a Minister for the Union: I, A B, do
that I will not directly or indirectly communicate or reveal to any person or
persons any matter which shall be brought under my consideration or shall
become known to me as a Minister for the Union except as may be required for
the due discharge of my duties as such Minister III A Form of oath or
affirmation to be made by a candidate for election to Parliament: I, A B, having
been nominated as a candidate to fill a seat in the Council of States (or the
House of the People) do that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will uphold the
sovereignty and integrity of India B Form of oath or affirmation to be made by
a member of Parliament: I, A B, having been elected (or nominated) a member of
the Council of States (or the House of the People) do that I will bear true
faith and allegiance to the Constitution of India as by law established, that I
will uphold the sovereignty and integrity of India and that I will faithfully
discharge the duty upon which I am about to enter IV Form of oath or
affirmation to be made by the Judges of the Supreme Court and the Comptroller
and Auditor General of India: I, A B, having been appointed Chief Justice (or a
Judge) of the Supreme Court of India (or Comptroller and Auditor General of
India) do that I will bear true faith and allegiance to the Constitution of
India as by law established, that I will uphold the sovereignty and integrity
of India, that I will duly and faithfully and to the best of my ability,
knowledge and judgment perform the duties of my office without fear or favour,
affection or ill will and that I will uphold the Constitution and the laws V
Form of oath of office for a Minister for a State: I, A B, do that I will bear
true faith and allegiance to the Constitution of India as by law established,
that I will uphold the sovereignty and integrity of India, that I will faithfully
and conscientiously discharge my duties as a Minister for the State of and that
I will do right to all manner of people in accordance with the Constitution and
the law without fear or favour, affection or ill will VI Form of oath of
secrecy for a Minister for a State: I, A B, do that I will not directly or
indirectly communicate or reveal to any person or persons any matter which
shall be brought under my consideration or shall become known to me as a
Minister for the State of except as may be required for the due discharge of my
duties as such Minister VII A Form of oath or affirmation to be made by a
candidate for election to the Legislature of a State: I, A B, having been
nominated as a candidate to fill a seat in Legislative Assembly (or Legislative
Council), do that I will bear true faith and allegiance to the Constitution of
India as by law established and that I will uphold the sovereignty and
integrity of India B Form of oath or affirmation to be made by a member of the
Legislature of a State: I, A B, having been elected (or nominated) a member of
the Legislative Assembly (or Legislative Council), do that I will bear true
faith and allegi ance to the Constitution of India as by law established, that
I will uphold the sovereignty and integrity of India and that I will faithfully
discharge the duty upon which I am about to enter VIII Form of oath or
affirmation to be made by the Judges of a High Court: I, A B, having been
appointed Chief Justice (or a Judge) of the High Court at (or of) do that I will
bear true faith and allegiance to the Constitution of India as by law
established, that I will uphold the sovereignty and integrity of India, that I
will duly and faithfully and to the best of my ability, knowledge, and judgment
perform the duties of my office without fear or favour, affection or ill will
and that I will uphold the Constitution and the laws FOURTH SCHEDULE Articles 4
( 1 ) and 80 ( 2 ) Allocation of seats in the Council of States For each State
or Union territory specified in the first column of the following table, there
shall be allotted the number of seats specified in the second column thereof
opposite to that State or that Union territory, as the case may be Table
1. Andhra
Pradesh 18
2.
3.
4.
5.
6. Haryana
5
7. Kerala
9
8. Madhya
Pradesh 16
9. Tamil
Nadu 18
10.
11. Karnataka
12
12. Orissa
10
13.
14. Rajasthan
10
15. Uttar
Pradesh 34
16.
17.
18. Nagaland
1
19. Himachal
Pradesh 3
20. Manipur
1
21. Tripura
1
22. Meghalaya
1
23.
24. Mizoram
1
25. Arunachal
Pradesh 1
26.
27.
1. Interpretation
In this Schedule, unless the context otherwise requires, the
2. Executive
power of a State in Scheduled Areas Subject to the provisions of this Schedule,
the executive power of a State extends to the Scheduled Areas therein
3. Report
by the Governor to the President regarding the administration of Scheduled Areas
The Governor of each State having Scheduled Areas therein shall annually, or
whenever so required by the President, make a report to the President regarding
the administration of the Scheduled Areas in that State and the executive power
of the Union shall extend to the giving of directions to the State as to the
administration of the said areas PART B ADMINISTRATION AND CONTROL OF SCHEDULED
AREAS AND SCHEDULED TRIBES
4. Tribes
Advisory Council
(1) There
shall be established in each State having Scheduled Areas therein and, if the
President so directs, also in any State having Scheduled Tribes but not
Scheduled Areas therein, a Tribes Advisory Council consisting of not more than
twenty members of whom, as nearly as may be, three fourths shall be the
representatives of the Scheduled Tribes in the Legislative Assembly of the
State: Provided that if the number of representatives of the Scheduled Tribes
in the Legislative Assembly of the State is less than the number of seats in
the Tribes Advisory Council to be filled by such representatives, the remaining
seats shall be filled by other members of those tribes
(2) It
shall be the duty of the Tribes Advisory Council to advise on such matters
pertaining to the welfare and advancement of the Scheduled Tribes in the State
as may be referred to them by the Governor
(3) The
Governor may make rules prescribing or regulating, as the case may be,
(a) the
number of members of the Council, the mode of their appointment and the
appointment of the Chairman of the Council and of the officers and servants
thereof,
(b) the
conduct of its meetings and its procedure in general; and
(c) all
other incidental matters
5. Law
applicable to Scheduled Areas
(1) Notwithstanding
anything in this Constitution, the Governor may by public notification direct
that any particular Act of Parliament or of the Legislature of the State shall
not apply to a Scheduled Area or any part thereof in the State or shall apply
to a Scheduled Area or any part thereof in the State subject to such exceptions
and modifications as he may specify in the notification and any direction given
under this sub paragraph may be given so as to have retrospective effect
(2) The
Governor may make regulations for the peace and good government of any area in
a State which is for the time being a Scheduled Area In particular and without
prejudice to the generality of the foregoing power, such regulations may
(a) prohibit
or restrict the transfer of land by or among members of the Scheduled Tribes in
such area;
(b) regulate
the allotment of land to members of the Scheduled Tribes in such area;
(c) regulate
the carrying on of business as money lender by persons who lend money to
members of the Scheduled Tribes in such area
(3) In
making any such regulation as is referred to in sub paragraph ( 2 ) of this
paragraph, the Governor may repeal or amend any Act of Parliament or of the
Legislature of the State or any existing law which is for the time being
applicable to the area in question
(4) All
regulations made under this paragraph shall be submitted forthwith to the
President and, until assented to by him, shall have no effect
(5) No
regulation shall be made under this paragraph unless the Government making the
regulation has, in the case where there is a Tribes Advisory Council for the
State, consulted such Council PART C SCHEDULED AREAS
6. Scheduled
Areas
(1) In
this Constitution, the expression Scheduled Areas means such areas as the
President may by order 2 declare to be Scheduled Areas
(2) The
President may at any time by order 2
(a) direct
that the whole or any specified part of a Scheduled Area shall cease to be a
Scheduled Area or a part of such an area;
(aa) increase
the area of any Scheduled Area in a State after consultation with the Governor
of that State;
(b) alter,
but only by way of rectification of boundaries, any Scheduled Area;
(c) on
any alteration of the boundaries of a State or on the admission into the Union
or the establishment of a new State, declare any territory not previously
included in any State to be, or to form part of, a Scheduled Area;
(d) rescind,
in relation to any State or States, any order or orders made under this
paragraph, and in consultation with the Governor of the State concerned, make
fresh orders redefining the areas which are as to be Scheduled Areas, and any
such order may contain such incidental and consequential provisions as appear
to the President to be necessary and proper, but save as aforesaid, the order
made under sub paragraph ( 1 ) of this paragraph shall not be varied by any
subsequent order PART D AMENDMENT OF THE SCHEDULE
7. Amendment
of the Schedule
(1) Parliament
may from time to time by law amend by way of addition, variation or repeal any
of the provisions of this Schedule and, when the Schedule is so amended, any
reference to this Schedule in this Constitution shall be construed as a
reference to such Schedule as so amended
(2) No
such law as is mentioned in sub paragraph ( 1 ) of this paragraph shall be
deemed to be an amendment of this Constitution for the purposes of article 368
SIXTH SCHEDULE Articles 244 ( 2 ) and 275 ( 1 ) Provisions as to the
Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and
Mizoram
1. Autonomous
districts and autonomous regions
(1) Subject
to the provisions of this paragraph, the tribal areas in each item of Parts I,
II and IIA and in Part III of the table appended to paragraph 20 of this
Schedule shall be an autonomous district
(2) If
there are different Scheduled Tribes in an autonomous district, the Governor
may, by public notification, divide the area or areas inhabited by them into
autonomous regions
(3) The
Governor may, by public notification,
(a) include
any area in any of the Parts of the said table,
(b) exclude
any area from any of the Parts of the said table,
(c) create
a new autonomous district,
(d) increase
the area of any autonomous district,
(e) diminish
the area of any autonomous district,
(f) unite
two or more autonomous districts or parts thereof so as to form one autonomous
district,
(ff) alter
the name of any autonomous district,
(g) define
the boundaries of any autonomous district: Provided that no order shall be made
by the Governor under clauses (c), (d), (e) and (f) of this sub paragraph
except after consideration of the report of a Commission appointed under sub
paragraph ( 1 ) of paragraph 14 of this Schedule: Provided further that any
order made by the Governor under this sub paragraph may contain such incidental
and consequential provisions (including any amendment of paragraph 20 and of
any item in any of the Parts of the said table) as appear to the Governor to be
necessary for giving effect to the provisions of the order
2. Constitution
of District Councils and Regional Councils
(1) There
shall be a District Council for each autonomous district consisting of not more
than thirty members, of whom not more than four persons shall be nominated by
the Governor and the rest shall be elected on the basis of adult suffrage
(2) There
shall be a separate Regional Council for each area constituted an autonomous
region under sub paragraph ( 2 ) of paragraph 1 of this Schedule
(3) Each
District Council and each Regional Council shall be a body corporate by the
name respectively of the District Council of (name of district) and the
Regional Council of (name of region), shall have perpetual succession and a
common seal and shall by the said name sue and be sued
(4) Subject
to the provisions of this Schedule, the administration of an autonomous
district shall, in so far as it is not vested under this Schedule in any
Regional Council within such district, be vested in the District Council for
such district and the administration of an autonomous region shall be vested in
the Regional Council for such region
(5) In
an autonomous district with Regional Councils, the District Council shall have
only such powers with respect to the areas under the authority of the Regional
Council as may be delegated to it by the Regional Council in addition to the
powers conferred on it by this Schedule with respect to such areas
(6) The
Governor shall make rules for the first constitution of District Councils and
Regional Councils in consultation with the existing tribal Councils or other
representative tribal organisations within the autonomous districts or regions
concerned, and such rules shall provide for
(a) the
composition of the District Councils and Regional Councils and the allocation
of seats therein;
(b) the
delimitation of territorial constituencies for the purpose of elections to
those Councils;
(c) the
qualifications for voting at such elections and the preparation of electoral
rolls therefor;
(d) the
qualifications for being elected at such elections as members of such Councils;
(e) the
term of office of members of Regional Councils;
(f) any
other matter relating to or connected with elections or nominations to such
Councils;
(g) the
procedure and the conduct of business including the power to act
notwithstanding any vacancy in the District and Regional Councils;
(h) the
appointment of officers and staff of the District and Regional Councils
(6A) The
elected members of the District Council shall hold office for a term of five
years from the date appointed for the first meeting of the Council after the
general elections to the Council, unless the District Council is sooner
dissolved under paragraph 16 and a nominated member shall hold office at the
pleasure of the Governor: Provided that the said period of five years may,
while a Proclamation of Emergency is in operation or if circumstances exist
which, in the opinion of the Governor, render the holding of elections
impracticable, be extended by the Governor for a period not exceeding one year
at a time and in any case where a Proclamation of Emergency is in operation not
extending beyond a period of six months after the Proclamation has ceased to
operate: Provided further that a member elected to fill a casual vacancy shall
hold office only for the remainder of the term of office of the member whom he
replaces
(7) The
District or the Regional Council may after its first constitution make rules
with the approval of the Governor with regard to the matters specified in sub
paragraph ( 6 ) of this paragraph and may also make rules with like approval
regulating
(a) the
formation of subordinate local Councils or Boards and their procedure and the
conduct of their business; and
(b) generally
all matters relating to the transaction of business pertaining to the
administration of the district or region, as the case may be: Provided that
until rules are made by the District or the Regional Council under this sub
paragraph the rules made by the Governor under sub paragraph ( 6 ) of this
paragraph shall have effect in respect of elections to, the officers and staff of,
and the procedure and the conduct of business in, each such Council
3. Powers
of the District Councils and Regional Councils to make laws
(1) The
Regional Council for an autonomous region in respect of all areas within such
region and the District Council for an autonomous district in respect of all
areas within the district except those which are under the authority of
Regional Councils, if any, within the district shall have power to make laws
with respect to
(a) the
allotment, occupation or use, or the setting apart, of land, other than any
land which is a reserved forest for the purposes of agriculture or grazing or
for residential or other non agricultural purposes or for any other purpose
likely to promote the interests of the inhabitants of any village or town:
Provided that nothing in such laws shall prevent the compulsory acquisition of
any land, whether occupied or unoccupied, for public purposes by the Government
of the State concerned in accordance with the law for the time being in force
authorising such acquisition;
(b) the
management of any forest not being a reserved forest;
(c) the
use of any canal or water course for the purpose of agriculture;
(d) the
regulation of the practice of jhum or other forms of shifting cultivation;
(e) the
establishment of village or town committees or councils and their powers;
(f) any
other matter relating to village or town administration, including village or
town police and public health and sanitation;
(g) the
appointment or succession of Chiefs or Headmen;
(h) the
inheritance of property;
(i) marriage
and divorce;
(j) social
customs
(2) In
this paragraph, a reserved forest means any area which is a reserved forest
under the Assam Forest Regulation, 1891 , or under any other law for the time
being in force in the area in question
(3) All
laws made under this paragraph shall be submitted forthwith to the Governor
and, until assented to by him, shall have no effect
4. Administration
of justice in autonomous districts and autonomous regions
(1) The
Regional Council for an autonomous region in respect of areas within such
region and the District Council for an autonomous district in respect of areas
within the district other than those which are under the authority of the
Regional Councils, if any, within the district may constitute village councils
or courts for the trial of suits and cases between the parties all of whom
belong to Scheduled Tribes within such areas, other than suits and cases to
which the provisions of sub paragraph ( 1 ) of paragraph 5 of this Schedule
apply, to the exclusion of any court in the State, and may appoint suitable
persons to be members of such village councils or presiding officers of such
courts, and may also appoint such officers as may be necessary for the
administration of the laws made under paragraph 3 of this Schedule
(2) Notwithstanding
anything in this Constitution, the Regional Council for an autonomous region or
any court constituted in that behalf by the Regional Council or, if in respect
of any area within an autonomous district there is no Regional Council, the
District Council for such district, or any court constituted in that behalf by
the District Council, shall exercise the powers of a court of appeal in respect
of all suits and cases triable by a village council or court constituted under
sub paragraph ( 1 ) of this paragraph within such region or area, as the case
may be, other than those to which the provisions of sub paragraph ( 1 ) of
paragraph 5 of this Schedule apply, and no other court except the High Court
and the Supreme Court shall have jurisdiction over such suits or cases
(3) The
High Court shall have and exercise such jurisdiction over the suits and cases
to which the provisions of sub paragraph ( 2 ) of this paragraph apply as the
Governor may from time to time by order specify
(4) A
Regional Council or District Council, as the case may be, may with the previous
approval of the Governor make rules regulating
(a) the
constitution of village councils and courts and the powers to be exercised by
them under this paragraph;
(b) the
procedure to be followed by village councils or courts in the trial of suits
and cases under sub paragraph ( 1 ) of this paragraph;
(c) the
procedure to be followed by the Regional or District Council or any court
constituted by such Council in appeals and other proceedings under sub
paragraph ( 2 ) of this paragraph;
(d) the
enforcement of decisions and orders of such Councils and courts:
(e) all
other ancillary matters for the carrying out of the provisions of sub
paragraphs ( 1 ) and ( 2 ) of this paragraph
(5) On
and from such date as the President may, after consulting the Government of the
State concerned, by notification appoint in this behalf, this paragraph shall
have effect in relation to such autonomous district or region as may be
specified in the notification, as if
(i) in
sub paragraph ( 1 ), for the words between the parties all of whom belong to
Scheduled Tribes within such areas, other than suits and cases to which the
provisions of sub paragraph ( 1 ) of paragraph 5 of this Schedule apply,, the
words not being suits and cases of the nature referred to in sub paragraph ( 1
) of paragraph ( 5 ) of this Schedule, which the Governor may specify in this
behalf, had been substituted;
1258156 ii sub paragraphs ( 2 ) and ( 3 ) had been
omitted; 476222 iii in sub paragraph ( 4 )
190524 a for the words A Regional Council or District
Council, as the case may be, may with the previous approval of the Governor
make rules regulating, the words the Governor may make rules regulating had
been substituted; and 1806826 b for clause (a), the following clause had been
substituted, namely: 190524 a the constitution of village councils and courts,
the powers to be exercised by them under this paragraph and the courts to which
appeals from the decisions of village councils and courts shall lie; 1514862 c
for clause (c), the following clause had been substituted, namely: 343070 c the
transfer of appeals and other proceedings pending before the Regional or
District Council or any court constituted by such Council immediately before
the date appointed by the President under sub paragraph ( 5 ); and 160806 d in
clause (e), for the words, brackets and figures sub paragraphs ( 1 ) and ( 2 ),
the word, brackets and figure sub paragraph ( 1 ) had been substituted
5. Conferment
of powers under the Code of Civil Procedure, 1908 , and the Code of Criminal
Procedure, 1898 , 1 on the Regional and District Councils and on certain courts
and officers for the trial of certain suits, cases and offences
(1) The
Governor may, for the trial of suits or cases arising out of any law in force
in any autonomous district or region being a law specified in that behalf by
the Governor, or for the trial of offences punishable with death,
transportation for life, or imprisonment for a term of not less than five years
under the Indian Penal Code or under any other law for the time being
applicable to such district or region, confer on the District Council or the
Regional Council having authority over such district or region or on courts constituted
by such District Council or on any officer appointed in that behalf by the
Governor, such powers under the Code of Civil Procedure, 1908 , or, as the case
may be, the Code of Criminal Procedure, 18981, as he deems appropriate, and
thereupon the said Council, court or officer shall try the suits, cases or
offences in exercise of the powers so conferred
(2) The
Governor may withdraw or modify any of the powers conferred on a District
Council, Regional Council, court or officer under sub paragraph ( 1 ) of this
paragraph
(3) Save
as expressly provided in this paragraph, the Code of Civil Procedure, 1908 ,
and the Code of Criminal Procedure, 18981, shall not apply to the trial of any
suits, cases or offences in an autonomous district or in any autonomous region
to which the provisions of this paragraph apply
(4) On
and from the date appointed by the President under sub paragraph ( 5 ) of
paragraph 4 in relation to any autonomous district or autonomous region,
nothing contained in this paragraph shall, in its application to that district
or region, be deemed to authorise the Governor to confer on the District
Council or Regional Council or on courts constituted by the District Council
any of the powers referred to in sub paragraph ( 1 ) of this paragraph
6. Powers
of the District Council to establish primary schools, etc
(1) The
District Council for an autonomous district may establish, construct, or manage
primary schools, dispensaries, markets, cattle pounds, ferries, fisheries,
roads, road transport and waterways in the district and may, with the previous
approval of the Governor, make regulations for the regulation and control
thereof and, in particular, may prescribe the language and the manner in which
primary education shall be imparted in the primary schools in the district
(2) The
Governor may, with the consent of any District Council, entrust either
conditionally or unconditionally to that Council or to its officers functions
in relation to agriculture, animal husbandry, community projects, co operative
societies, social welfare, village planning or any other matter to which the
executive power of the State extends
7. District
and Regional Funds
(1) There
shall be constituted for each autonomous district, a District Fund for each
autonomous region, a Regional Fund to which shall be credited all moneys
received respectively by the District Council for that district and the
Regional Council for that region in the course of the administration of such
district or region, as the case may be, in accordance with the provisions of
this Constitution
(2) The
Governor may make rules for the management of the District Fund, or, as the
case may be, the Regional Fund and for the procedure to be followed in respect
of payment of money into the said Fund, the withdrawal of moneys therefrom, the
custody of moneys therein and any other matter connected with or ancillary to
the matters aforesaid
(3) The
accounts of the District Council or, as the case may be, the Regional Council
shall be kept in such form as the Comptroller and Auditor General of
(4) The
Comptroller and Auditor General shall cause the accounts of the District and Regional
Councils to be audited in such manner as he may think fit, and the reports of
the Comptroller and Auditor General relating to such accounts shall be
submitted to the Governor who shall cause them to be laid before the Council
8. Powers
to assess and collect land revenue and to impose taxes
(1) The
Regional Council for an autonomous region in respect of all lands within such
region and the District Council for an autonomous district in respect of all
lands within the district except those which are in the areas under the
authority of Regional Councils, if any, within the district, shall have the
power to assess and collect revenue in respect of such lands in accordance with
the principles for the time being followed by the Government of the State in
assessing lands for the purpose of land revenue in the State generally
(2) The
Regional Council for an autonomous region in respect of areas within such
region and the District Council for an autonomous district in respect of all
areas in the district except those which are under the authority of Regional
Councils, if any, within the district, shall have power to levy and collect
taxes on lands and buildings, and tolls on persons, resident within such areas
(3) The
District Council for an autonomous district shall have the power to levy and
collect all or any of the following taxes within such district, that is to say
(a) taxes
on professions, trades, callings and employments;
(b) taxes
on animals, vehicles and boats;
(c) taxes
on the entry of goods into a market for sale therein, and tolls on passengers
and goods carried in ferries; and
(d) taxes
for the maintenance of schools, dispensaries or roads
(4) A
Regional Council or District Council, as the case may be, may make regulations
to provide for levy and collection of any of the taxes specified in sub
paragraphs ( 2 ) and ( 3 ) of this paragraph and every such regulation shall be
submitted forthwith to the Governor and, until assented to by him, shall have
no effect
39. Licences
or leases for the purpose of prospecting for, or extraction of, minerals
(1) Such
share of the royalties accruing each year from licences or leases for the
purpose of prospecting for, or the extraction of, minerals granted by the
Government of the State in respect of any area within an autonomous district as
may be agreed upon between the Government of the State and the District Court
of such district shall be made over to that District Council
(2) If
any dispute arises as to the share of such royalties to be made over to a
District Council, it shall be referred to the Governor for determination and
the amount determined by the Governor in his discretion shall be deemed to be
the amount payable under sub paragraph ( 1 ) of this paragraph to the District
Council and the decision of the Governor shall be final
310. Power
of District Council to make regulations for the control of money lending and
trading by non tribals
(1) The
District Council of an autonomous district may make regulations for the
regulation and control of money lending or trading within the district by
persons other than Scheduled Tribes resident in the district
(2) In
particular and without prejudice to the generality of the foregoing power, such
regulations may
(a) prescribe
that no one except the holder of a licence issued in that behalf shall carry on
the business of money lending;
(b) prescribe
the maximum rate of interest which may be charged or be recovered by a money
lender;
(c) provide
for the maintenance of accounts by money lenders and for the inspection of such
accounts by officers appointed in that behalf by the District Council;
(d) prescribe
that no person who is not a member of the Scheduled Tribes resident in the
district shall carry on wholesale or retail business in any commodity except
under a licence issued in that behalf by the District Council: Provided that no
regulations may be made under this paragraph unless they are passed by a
majority of not less than three fourths of the total membership of the District
Council: Provided further that it shall not be competent under any such
regulations to refuse the grant of a licence to a money lender or a trader who
has been carrying on business within the district since before the time of
making of such regulations
(3) All
regulations made under this paragraph shall be submitted forthwith to the
Governor and, until assented to by him, shall have no effect
11. Publication
of laws, rules and regulations made under the Schedule All laws, rules and
regulations made under this Schedule by a District Council or a Regional
Council shall be published forthwith in the Official Gazette of the State and
shall on such publication have the force of law
112. Application
of Acts of Parliament and of the Legislature of the State of Assam to
autonomous districts and autonomous regions in the State of Assam
(1) Notwithstanding
anything in this Constitution
(a) no
Act of the Legislature of the State of Assam in respect of any of the matters
specified in paragraph 3 of this Schedule as matters with respect to which a
District Council or a Regional Council may make laws, and no Act of the
Legislature of the State of Assam prohibiting or restricting the consumption of
any non distilled alcoholic liquor shall apply to any autonomous district or
autonomous region in the State unless in either case the District Council for
such district or having jurisdiction over such region by public notification so
directs, and the District Council in giving such direction with respect to any
Act may direct that the Act shall in its application to such district or region
or any part thereof have effect subject to such exceptions or modifications as
it thinks fit;
(b) the
Governor may, by public notification, direct that any Act of Parliament or of
the Legislature of the State of Assam to which the provisions of clause (a) of
this sub paragraph do not apply shall not apply to an autonomous district or an
autonomous region in that State, or shall apply to such district or region or
any part thereof subject to such exceptions or modifications as he may specify
in the notification
(2) Any
direction given under sub paragraph ( 1 ) of this paragraph may be given so as
to have retrospective effect
12A. Application
of Acts of Parliament and of the Legislature of the State of
(a) if
any provision of a law made by a District or Regional Council in the State of
Meghalaya with respect to any matter specified in sub paragraph ( 1 ) of
paragraph 3 of this Schedule or if any provision of any regulation made by a
District Council or a Regional Council in that State under paragraph 8 or
paragraph 10 of this Schedule, is repugnant to any provision of a law made by
the Legislature of the State of Meghalaya with respect to that matter, then,
the law or regulation made by the District Council or, as the case may be, the
Regional Council whether made before or after the law made by the Legislature
of the State of Meghalaya, shall, to the extent of repugnancy, be void and the
law made by the Legislature of the State of Meghalaya shall prevail;
(b) the
President may, with respect to any Act of Parliament, by notification, direct
that it shall not apply to an autonomous district or an autonomous region in
the State of Meghalaya, or shall apply to such district or region or any part
thereof subject to such exceptions or modifications as he may specify in the
notification and any such direction may be given so as to have retrospective
effect
12A. A
Application of Acts of Parliament and of the Legislature of the State of
(a) no
Act of the Legislature of the State of Tripura in respect of any of the matters
specified in paragraph 3 of this Schedule as matters with respect to which a District
Council or a Regional Council may make laws, and no Act of the Legislature of
the State of Tripura prohibiting or restricting the consumption of any non
distilled alcoholic liquor shall apply to the autonomous district or an
autonomous region in that State unless, in either case, the District Council
for that district or having jurisdiction over such region by public
notification so directs, and the District Council in giving such direction with
respect to any Act direct that the Act shall, in its application to that
district or such region or any part thereof, have effect subject to such
exceptions or modifications as it thinks fit;
(b) the
Governor may, by public notification, direct that any Act of the Legislature of
the State of Tripura to which the provisions of clause (a) of this sub
paragraph do not apply, shall not apply to the autonomous district or an
autonomous region in that State, or shall apply to that district or such
region, or any part thereof, subject to such exceptions or modifications, as he
may specify in the notification;
(c) the
President may, with respect to any Act of Parliament, by notification, direct
that it shall not apply to the autonomous district or an autonomous region in
the State of Tripura, or shall apply to such district or region or any part
thereof, subject to such exceptions or modifications as he may specify in the
notification and any such direction may be given so as to have retrospective
effect
12B. Application
of Acts of Parliament and of the Legislature of the State of
(a) no
Act of the Legislature of the State of Mizoram in respect of any of the matters
specified in paragraph 3 of this Schedule as matters with respect to which a
District Council or a Regional Council may make laws, and no Act of Legislature
of the State of Mizoram prohibiting or restricting the consumption of any non
distilled alcoholic liquor shall apply to any autonomous district or autonomous
region in that State unless, in either case, the District Council for such
district or having jurisdiction over such region, by public notification, so
directs, and the District Council, in giving such direction with respect to any
Act, may direct that the Act shall, in its application to such district or
region or any part thereof, have effect subject to such exceptions or
modifications as it thinks fit;
(b) the
Governor may, by public notification, direct that any Act of the Legislature of
the State of Mizoram to which the provisions of clause (a) of this sub
paragraph do not apply, shall not apply to an autonomous district or an
autonomous region in that State, or shall apply to such district or region, or
any part thereof, subject to such exceptions or modifications, as he may
specify in the notification;
(c) the
President may, with respect to any Act of Parliament, by notification, direct
that it shall not apply to an autonomous district or an autonomous region in
the State of Mizoram, or shall apply to such district or region or any part
thereof, subject to such exceptions or modifications as he may specify in the
notification and any such direction may be given so as to have retrospective
effect
13. Estimated
receipts and expenditure pertaining to autonomous districts to be shown
separately in the annual financial statement The estimated receipts and expenditure
pertaining to an autonomous district which are to be credited to, or is to be
made from, the Consolidated Fund of the State shall be first placed before the
District Council for discussion and then after such discussion be shown
separately in the annual financial statement of the State to be laid before the
Legislature of the State under article 202
14. Appointment
of Commission to inquire into and report on the administration of autonomous
districts and autonomous regions
(1) The
Governor may at any time appoint a Commission to examine and report on any
matter specified by him relating to the administration of the autonomous
districts and autonomous regions in the State, including matters specified in
clauses (c), (d), (e) and (f) of sub paragraph ( 3 ) of paragraph 1 of this
Schedule, or may appoint a Commission to inquire into and report from time to
time on the administration of autonomous districts and autonomous regions in
the State generally and in particular on
(a) the
provision of educational and medical facilities and communications in such
districts and regions;
(b) the
need for any new or special legislation in respect of such districts and
regions; and
(c) the
administration of the laws, rules and regulations made by the District and
Regional Councils; and define the procedure to be followed by such Commission
(2) The
report of every such Commission with the recommendations of the Governor with
respect thereto shall be laid before the Legislature of the State by the
Minister concerned together with an explanatory memorandum regarding the action
proposed to be taken thereon by the Government of the State
(3) In
allocating the business of the Government of the State among his Ministers the
Governor may place one of his Ministers specially in charge of the welfare of
the autonomous districts and autonomous regions in the State
15. Annulment
or suspension of acts and resolutions of District and Regional Councils
(1) If
at any time the Governor is satisfied that an act or resolution of a District
or a Regional Council is likely to endanger the safety of India or is likely to
be prejudicial to public order, he may annul or suspend such act or resolution
and take such steps as he may consider necessary (including the suspension of
the Council and the assumption to himself of all or any of the powers vested in
or exercisable by the Council) to prevent the commission or continuance of such
act, or the giving of effect to such resolution
(2) Any
order made by the Governor under sub paragraph ( 1 ) of this paragraph together
with the reasons therefor shall be laid before the Legislature of the State as
soon as possible and the order shall, unless revoked by the Legislature of the
State, continue in force for a period of twelve months from the date on which
it was so made: Provided that if and so often as a resolution approving the
continuance in force of such order is passed by the Legislature of the State,
the order shall unless cancelled by the Governor continue in force for a
further period of twelve months from the date on which under this paragraph it
would otherwise have ceased to operate
16. Dissolution
of a District or a Regional Council
(1) The
Governor may on the recommendation of a Commission appointed under paragraph 14
of this Schedule by public notification order the dissolution of a District or
a Regional Council, and
(a) direct
that a fresh general election shall be held immediately for the reconstitution
of the Council, or
(b) subject
to the previous approval of the Legislature of the State assume the
administration of the area under the authority of such Council himself or place
the administration of such area under the Commission appointed under the said
paragraph or any other body considered suitable by him for a period not
exceeding twelve months: Provided that when an order under clause (a) of this
paragraph has been made, the Governor may take the action referred to in clause
(b) of this paragraph with regard to the administration of the area in question
pending the reconstitution of the Council on fresh general election: Provided
further that no action shall be taken under clause (b) of this paragraph
without giving the District or the Regional Council, as the case may be, an
opportunity of placing its views before the Legislature of the State
(2) If
at any time the Governor is satisfied that a situation has arisen in which the
administration of an autonomous district or region cannot be carried on in
accordance with the provisions of this Schedule, he may, by public notification
assume to himself all or any of the functions or powers vested in or
exercisable by the District Council or, as the case may be, the Regional
Council and declare that such functions or powers shall be exercisable by such
person or authority as he may specify in this behalf, for a period not
exceeding six months: Provided that the Governor may by a further order or
orders extend the operation of the initial order by a period not exceeding six
months on each occasion
(3) Every
order made under sub paragraph ( 2 ) of this paragraph with the reasons
therefor shall be laid before the Legislature of the State and shall cease to
operate at the expiration of thirty days from the date on which the State
Legislature first sits after the issue of the orders, unless, before the expiry
of that period it has been approved by the State Legislature
17. Exclusion
of areas from autonomous districts in forming constituencies in such districts
For the purposes of elections to the Legislative Assembly of Assam or Meghalaya
or Tripura or Mizoram, the Governor may by order declare that any area within
an autonomous district in the State of Assam or Meghalaya or Tripura or
Mizoram, as the case may be, shall not form part of any constituency to fill a
seat or seats in the Assembly reserved for any such district but shall form
part of a constituency to fill a seat or seats in the Assembly not so reserved
to be specified in the order
19. Transitional
provisions
(1) As
soon as possible after the commencement of this Constitution the Governor shall
take steps for the constitution of a District Council for each autonomous
district in the State under this Schedule and, until a District Council is so
constituted for an autonomous district, the administration of such district
shall be vested in the Governor and the following provisions shall apply to the
administration of the areas within such district instead of the foregoing
provisions of this Schedule, namely:
(a) no
Act of Parliament or of the Legislature of the State shall apply to any such
area unless the Governor by public notification so directs; and the Governor in
giving such a direction with respect to any Act may direct that the Act shall,
in its application to the area or to any specified part thereof, have effect
subject to such exceptions or modifications as he thinks fit;
(b) the
Governor may make regulations for the peace and good government of any such
area and any regulations so made may repeal or amend any Act of Parliament or
of the Legislature of the State or any existing law which is for the time being
applicable to such area
(2) Any
direction given by the Governor under clause (a) of sub paragraph ( 1 ) of this
paragraph may be given so as to have retrospective effect
(3) All
regulations made under clause (b) of sub paragraph ( 1 ) of this paragraph
shall be submitted forthwith to the President and, until assented to by him,
shall have no effect
20. Tribal
areas
(1) The
areas specified in Parts I, II, IIA and III of the table below shall
respectively be the tribal areas within the State of Assam, the State of
(2) Any
reference in Part I, Part II or Part III of the table below to any district
shall be construed as a reference to the territories comprised within the
autonomous district of that name existing immediately before the day appointed
under clause (b) of section 2 of the North Eastern Areas (Reorganisation) Act,
1971 : Provided that for the purposes of clauses (e) and (f) of sub paragraph (
1 ) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub paragraph ( 2 ),
clauses (a), (b), and (d) of sub paragraph ( 3 ) and sub paragraph ( 4 ) of
paragraph 8 and clause (d) of sub paragraph ( 2 ) of paragraph 10 of this
Schedule, no part of the area comprised within the municipality of Shillong
shall be deemed to be within the Khasi Hills District
(3) The
reference in Part IIA in the table below to the Tripura Tribal Areas District
shall be construed as a reference to the territory comprising the tribal areas
specified in the First Schedule to the Tripura Tribal Areas Autonomous District
Council Act, 1979 TABLE PART I
1. The
North Cachar Hills District
2. The
Karbi Anglong District PART II
1. Khasi
Hills District
2. Jaintia
Hills District
3. The
Garo Hills District PART IIA Tripura Tribal Areas District PART III
1. The
Chakma District
2. The
Mara District
3. The
Lai District
20A. Dissolution
of the Mizo District Council
(1) Notwithstanding
anything in this Schedule, the District Council of the Mizo District existing
immediately before the prescribed date (hereinafter referred to as the Mizo
District Council) shall stand dissolved and cease to exist
(2) The
Administrator of the Union
(a) the
transfer, in whole or in part, of the assets, rights and liabilities of the
Mizo District Council (including the rights and liabilities under any contract
made by it) to the
(b) the
substitution of the Union or any other authority for the Mizo District Council,
or the addition of the Union or any other authority, as a party to any legal
proceedings to which the Mizo District Council is a party;
(c) the
transfer or re employment of any employees of the Mizo District Council to or
by the Union or any other authority, the terms and conditions of service
applicable to such employees after such transfer or re employment;
(d) the
continuance of any laws, made by the Mizo District Council and in force
immediately before its dissolution, subject to such adaptations and
modifications, whether by way of repeal or amendment, as the Administrator may
make in this behalf, until such laws are altered, repealed or amended by a
competent Legislature or other competent authority;
(e) such
incidental, consequential and supplementary matters as the Administrator
considers necessary Explanation In this paragraph and in paragraph 20B of this
Schedule, the expression prescribed date means the date on which the
Legislative Assembly of the Union
20B. Autonomous
regions in the Union
(1) Notwithstanding
anything in this Schedule,
(a) every
autonomous region existing immediately before the prescribed date in the Union
territory of Mizoram shall, on and from that date, be an autonomous district in
that Union territory (hereafter referred to as the corresponding new district)
and the Administrator thereof may, by one or more orders, direct that such
consequential amendments as are necessary to give effect to the provisions of
this clause shall be made in paragraph 20 of this Schedule (including Part III
of the table appended to that paragraph) and thereupon the said paragraph and
the said Part III shall be deemed to have been amended accordingly;
(b) every
Regional Council of an autonomous region in the Union territory of Mizoram
existing immediately before the prescribed date (hereafter referred to as the
existing Regional Council) shall, on and from that date and until a District
Council is duly constituted for the corresponding new district, be deemed to be
the District Council of that district (hereafter referred to as the
corresponding new District Council)
(2) Every
member whether elected or nominated of an existing Regional Council shall be
deemed to have been elected or, as the case may be, nominated to the
corresponding new District Council and shall hold office until a District
Council is duly constituted for the corresponding new district under this
Schedule
(3) Until
rules are made under sub paragraph ( 7 ) of paragraph 2 and sub paragraph ( 4 )
of paragraph 4 of this Schedule by the corresponding new District Council, the
rules made under the said provisions by the existing Regional Council and in
force immediately before the prescribed date shall have effect in relation to
the corresponding new District Council subject to such adaptations and
modifications as may be made therein by the Administrator of the Union
territory of Mizoram
(4) The
Administrator of the Union
(a) the
transfer in whole or in part of the assets, rights and liabilities of the
existing Regional Council (including the rights and liabilities under any
contract made by it) to the corresponding new District Council;
(b) the
substitution of the corresponding new District Council for the existing
Regional Council as a party to the legal proceedings to which the existing
Regional Council is a party;
(c) the
transfer or re employment of any employees of the existing Regional Council to
or by the corresponding new District Council, the terms and conditions of
service applicable to such employees after such transfer or re employment;
(d) the
continuance of any laws made by the existing Regional Council and in force
immediately before the prescribed date, subject to such adaptations and
modifications, whether by way of repeal or amendment, as the Administrator may
make in this behalf until such laws are altered, repealed or amended by a
competent Legislature or other competent authority;
(e) such
incidental, consequential and supplementary matters as the Administrator considers
necessary
20C. Interpretation
Subject to any provision made in this behalf, the provisions of this Schedule
shall, in their application to the Union
(1) as
if references to the Governor and Government of the State were references to
the Administrator of the Union territory appointed under article 239,
references to State (except in the expression Government of the State) were
references to the Union territory of Mizoram and references to the State
Legislature were references to the Legislative Assembly of the Union territory
of Mizoram;
(2) as
if
(a) in
sub paragraph ( 5 ) of paragraph 4, the provision for consultation with the
Government of the State concerned had been omitted;
(b) in
sub paragraph ( 2 ) of paragraph 6, for the words to which the executive power
of the State extends, the words with respect to which the Legislative Assembly
of the Union
(c) in
paragraph 13, the words and figures under article 202 had been omitted
21. Amendment
of the Schedule
(1) Parliament
may from time to time by law amend by way of addition, variation or repeal any
of the provisions of this Schedule and, when the Schedule is so amended, any
reference to this Schedule in this Constitution shall be construed as a
reference to such Schedule as so amended
(2) No
such law as is mentioned in sub paragraph ( 1 ) of this paragraph shall be
deemed to be an amendment of this Constitution for the purposes of article 368
SEVENTH SCHEDULE Article 246 List IUnion List
1. Defence
of
2. Naval,
military and air forces; any other armed forces of the
2A. Deployment
of any armed force of the Union or any other force subject to the control of
the
3. Delimitation
of cantonment areas, local self government in such areas, the constitution and
powers within such areas of cantonment authorities and the regulation of house
accommodation (including the control of rents) in such areas
4. Naval,
military and air force works
5. Arms,
firearms, ammunition and explosives
6. Atomic
energy and mineral resources necessary for its production
7. Industries
declared by Parliament by law to be necessary for the purpose of defence or for
the prosecution of war
8. Central
Bureau of Intelligence and Investigation
9. Preventive
detention for reasons connected with Defence, Foreign Affairs, or the security
of
10. Foreign
affairs; all matters which bring the
11. Diplomatic,
consular and trade representation
12. United
Nations Organisation
13. Participation
in international conferences, associations and other bodies and implementing of
decisions made thereat
14. Entering
into treaties and agreements with foreign countries and implementing of
treaties, agreements and conventions with foreign countries
15. War
and peace
16. Foreign
jurisdiction
17. Citizenship,
naturalisation and aliens
18. Extradition
19. Admission
into, and emigration and expulsion from,
20. Pilgrimages
to places outside
21. Piracies
and crimes committed on the high seas or in the air; offences against the law
of nations committed on land or the high seas or in the air
22. Railways
23. Highways
declared by or under law made by Parliament to be national highways
24. Shipping
and navigation on inland waterways, declared by Parliament by law to be
national waterways, as regards mechanically propelled vessels; the rule of the
road on such waterways
25. Maritime
shipping and navigation, including shipping and navigation on tidal waters;
provision of education and training for the mercantile marine and regulation of
such education and training provided by States and other agencies
26. Lighthouses,
including lightships, beacons and other provisions for the safety of shipping
and aircraft
27. Ports
declared by or under law made by Parliament or existing law to be major ports,
including their delimitation and the constitution and powers of port
authorities therein
28. Port
quarantine, including hospitals connected therewith; seamens and marine
hospitals
29. Airways;
aircraft and air navigation; provision of aerodromes; regulation and
organisation of air traffic and of aerodromes; provision for aeronautical
education and training and regulation of such education and training provided
by States and other agencies
30. Carriage
of passengers and goods by railway, sea or air, or by national waterways in
mechanically propelled vessels
31. Posts
and telegraphs; telephones, wireless, broadcasting and other like forms of
communication
32. Property
of the Union and the revenue therefrom, but as regards property situated in a
State subject to legislation by the State, save in so far as Parliament by law
otherwise provides
34. Courts
of wards for the estates of Rulers of Indian States
35. Public
debt of the
36. Currency,
coinage and legal tender; foreign exchange
37. Foreign
loans
38. Reserve
Bank of
39. Post
Office Savings Bank
40. Lotteries
organised by the Government of India or the Government of a State
41. Trade
and commerce with foreign countries; import and export across customs
frontiers; definition of customs frontiers
42. Inter
State trade and commerce
43. Incorporation,
regulation and winding up of trading corporations, including banking, insurance
and financial corporations but not including co operative societies
44. Incorporation,
regulation and winding up of corporations, whether trading or not, with objects
not confined to one State, but not including universities
45. Banking
46. Bills
of exchange, cheques, promissory notes and other like instruments
47. Insurance
48. Stock
exchanges and futures markets
49. Patents,
inventions and designs; copyright; trade marks and merchandise marks
50. Establishment
of standards of weight and measure
51. Establishment
of standards of quality for goods to be exported out of
52. Industries,
the control of which by the
53. Regulation
and development of oil fields and mineral oil resources; petroleum and
petroleum products; other liquids and substances declared by Parliament by law
to be dangerously inflammable
54. Regulation
of mines and mineral development to the extent to which such regulation and
development under the control of the
55. Regulation
of labour and safety in mines and oilfields
56. Regulation
and development of inter State rivers and river valleys to the extent to which
such regulation and development under the control of the
57. Fishing
and fisheries beyond territorial waters
58. Manufacture,
supply and distribution of salt by Union agencies, regulation and control of
manufacture, supply and distribution of salt by other agencies
59. Cultivation,
manufacture, and sale for export, of opium
60. Sanctioning
of cinematograph films for exhibition
61. Industrial
disputes concerning Union employees
62. The
institutions known at the commencement of this Constitution as the National
Library, the
63. The
institutions known at the commencement of this Constitution as the
64. Institutions
for scientific or technical education financed by the Government of India
wholly or in part and declared by Parliament by law to be institutions of
national importance
65. Union
agencies and institutions for
(a) professional,
vocational or technical training, including the training of police officers; or
(b) the
promotion of special studies or research; or
(c) scientific
or technical assistance in the investigation or detection of crime
66. Co
ordination and determination of standards in institutions for higher education
or research and scientific and technical institutions
67. Ancient
and historical monuments and records, and archaeological sites and remains,
declared by or under law made by Parliament to be of national importance
68. The
Survey of
69. Census
70. Union
Public Services; All
71.
72. Elections
to Parliament, to the Legislatures of States and to the offices of President
and Vice President; the Election Commission
73. Salaries
and allowances of members of Parliament, the Chairman and Deputy Chairman of
the Council of States and the Speaker and Deputy Speaker of the House of the
People
74. Powers,
privileges and immunities of each House of Parliament and of the members and
the Committees of each House; enforcement of attendance of persons for giving
evidence or producing documents before committees of Parliament or commissions
appointed by Parliament
75. Emoluments,
allowances, privileges, and rights in respect of leave of absence, of the
President and Governors; salaries and allowances of the Ministers for the
Union; the salaries, allowances, and rights in respect of leave of absence and
other conditions of service of the Comptroller and Auditor General
76. Audit
of the accounts of the
77. Constitution,
organisation, jurisdiction and powers of the Supreme Court (including contempt
of such Court), and the fees taken therein; persons entitled to practise before
the Supreme Court
78. Constitution
and Organisation (including vacations) of the High Courts except provisions as
to officers and servants of High Courts; persons entitled to practise before
the High Courts
79. Extension
of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a
High Court from, any Union territory
80. Extension
of the powers and jurisdiction of members of a police force belonging to any
State to any area outside that State, but not so as to enable the police of one
State to exercise powers and jurisdiction in any area outside that State
without the consent of the Government of the State in which such area is
situated; extension of the powers and jurisdiction of members of a police force
belonging to any State to railway areas outside that State
81. Inter
State migration; inter State quarantine
82. Taxes
on income other than agricultural income
83. Duties
of customs including export duties
84. Duties
of excise on tobacco and other goods manufactured or produced in
(a) alcoholic
liquors for human consumption
(b) opium,
Indian hemp and other narcotic drugs and narcotics, but including medicinal and
toilet preparations containing alcohol or any substance included in sub
paragraph (b) of this entry
85. Corporation
tax
86. Taxes
on the capital value of the assets, exclusive of agricultural land, of
individuals and companies; taxes on the capital of companies
87. Estate
duty in respect of property other than agricultural land
88. Duties
in respect of succession to property other than agricultural land
89. Terminal
taxes on goods or passengers, carried by railway, sea or air; taxes on railway
fares and freights
90. Taxes
other than stamp duties on transactions in stock exchanges and futures markets
91. Rates
of stamp duty in respect of bills of exchange, cheques, promissory notes, bills
of lading, letters of credit, policies of insurance, transfer of shares,
debentures, proxies and receipts
92. Taxes
on the sale or purchase of newspapers and on advertisements published therein
92A. Taxes
on the sale or purchase of goods other than newspapers, where such sale or
purchase takes place in the course of inter State trade or commerce
92B. Taxes
on the consignment of goods (whether the consignment is to the person making it
or to any other person), where such consignment takes place in the course of
inter State trade or commerce
93. Offences
against laws with respect to any of the matters in this List
94. Inquiries,
surveys and statistics for the purpose of any of the matters in this List
95. Jurisdiction
and powers of all courts, except the Supreme Court, with respect to any of the
matters in this List; admiralty jurisdiction
96. Fees
in respect of any of the matters in this List, but not including fees taken in
any court
97. Any
other matter not enumerated in List II or List III including any tax not
mentioned in either of those Lists List IIState List
1. Public
order (but not including the use of any naval, military or Air force or any
other armed force of the Union or of any other force subject to the control of
the Union or of any contingent or unit thereof in aid of the civil power)
2. Police
(including railway and village police) subject to the provisions of entry 2A of
List I
3. Officers
and servants of the High Court; procedure in rent and revenue courts; fees
taken in all courts except the Supreme Court
4. Prisons,
reformatories, Borstal institutions and other institutions of a like nature,
and persons detained therein; arrangements with other States for the use of
prisons and other institutions
5. Local
government, that is to say, the constitution and powers of municipal
corporations, improvement trusts, district boards, mining settlement
authorities and other local authorities for the purpose of local self
government or village administration
6. Public
health and sanitation; hospitals and dispensaries
7. Pilgrimages,
other than pilgrimages to places outside
8. Intoxicating
liquors, that is to say, the production, manufacture, possession, transport,
purchase and sale of intoxicating liquors
9. Relief
of the disabled and unemployable
10. Burials
and burial grounds; cremations and cremation grounds
12. Libraries,
museums and other similar institutions controlled or financed by the State;
ancient and historical monuments and records other than those declared by or
under law made by Parliament to be of national importance
13. Communications,
that is to say, roads, bridges, ferries, and other means of communication not
specified in List I; municipal tramways; ropeways; inland waterways and traffic
thereon subject to the provisions of List I and List III with regard to such
waterways; vehicles other than mechanically propelled vehicles
14. Agriculture,
including agricultural education and research, protection against pests and
prevention of plant diseases
15. Preservation,
protection and improvement of stock and prevention of animal diseases;
veterinary training and practice
16. Pounds
and the prevention of cattle trespass
17. Water,
that is to say, water supplies, irrigation and canals, drainage and
embankments, water storage and water power subject to the provisions of entry
56 of List I
18. Land,
that is to say, right in or over land, land tenures including the relation of
landlord and tenant, and the collection of rents; transfer and alienation of
agricultural land; land improvement and agricultural loans; colonization
21. Fisheries
22. Courts
of wards subject to the provisions of entry 34 of List I; encumbered and
attached estates
23. Regulation
of mines and mineral development subject to the provisions of List I with
respect to regulation and development under the control of the
24. Industries
subject to the provisions of entries 7 and 52 of List I
25. Gas
and gas works
26. Trade
and commerce within the State subject to the provisions of entry 33 of List III
27. Production,
supply and distribution of goods subject to the provisions of entry 33 of List
III
28. Markets
and fairs
30. Money
lending and money lenders; relief of agricultural indebtedness
31. Inns
and inn keepers
32. Incorporation,
regulation and winding up of corporation, other than those specified in List I,
and universities; unincorporated trading, literacy, scientific, religious and
other societies and associations; co operative societies
33. Theaters
and dramatic performances; cinemas subject to the provisions of entry 60 of
List 1; sports, entertainments and amusements
34. Betting
and gambling
35. Works,
lands and buildings vested in or in the possession of the State
37. Elections
to the Legislature of the State subject to the provisions of any law made by
Parliament
38. Salaries
and allowances of members of the Legislature of the State, of the Speaker and
Deputy Speaker of the Legislative Assembly and, if there is a Legislative
Council, of the Chairman and Deputy Chairman thereof
39. Powers,
privileges and immunities of the Legislative Assembly and of the members and
the committees thereof, and, if there is a Legislative Council, of that Council
and of the members and the committees thereof; enforcement of attendance of
persons for giving evidence or producing documents before committees of the
Legislature of the State
40. Salaries
and allowances of Ministers for the State
41. State
public services; State Public Service Commission
42.
43. Public
debt of the State
44. Treasure
trove
45. Land
revenue, including the assessment and collection of revenue, the maintenance of
land records, survey for revenue purposes and records of rights, and alienation
of revenues
46. Taxes
on agricultural income
47. Duties
in respect of succession to agricultural land
48. Estate
duty in respect of agricultural land
49. Taxes
on lands and buildings
50. Taxes
on mineral rights subject to any limitations imposed by Parliament by law
relating to mineral development
51. Duties
of excise on the following goods manufactured or produced in the State and
countervailing duties at the same or lower rates on similar goods manufactured
or produced elsewhere in
(a) alcoholic
liquors for human consumption;
(b) opium,
Indian hemp and other narcotic drugs and narcotics; but not including medicinal
and toilet preparations containing alcohol or any substance included in sub
paragraph (b) of this entry
52. Taxes
on the entry of goods into a local area for consumption, use or sale therein
53. Taxes
on the consumption or sale of electricity
54. Taxes
on the sale or purchase of goods other than newspapers, subject to the
provisions of entry 92A of List I
55. Taxes
on advertisements other than advertisements published in the newspapers and
advertisements broadcast by radio or television
56. Taxes
on goods and passengers carried by road or on inland waterways
57. Taxes
on vehicles, whether mechanically propelled or not, suitable for use on roads,
including tramcars subject to the provisions of entry 35 of List III
58. Taxes
on animals and boats
59. Tolls
60. Taxes
on professions, trades, callings and employments
61. Captivation
taxes
62. Taxes
on luxuries, including taxes on entertainments, amusements, betting and
gambling
63. Rates
of stamp duty in respect of documents other than those specified in the
provisions of List I with regard to rates of stamp duty
64. Offences
against laws with respect to any of the matters in this List
65. Jurisdiction
and powers of all courts, except the Supreme Court, with respect to any of the
matters in this List
66. Fees
in respect of any of the matters in this List, but not including fees taken in
any court List IIIConcurrent List
1. Criminal
law, including all matters included in the Indian Penal Code at the
commencement of this Constitution but excluding offences against laws with
respect to any of the matters specified in List I or List II and excluding the
use of naval, military or air forces or any other armed forces of the Union in
aid of the civil power
2. Criminal
procedure, including all matters included in the Code of Criminal Procedure at
the commencement of this Constitution
3. Preventive
detention for reasons connected with the security of a State, the maintenance
of public order, or the maintenance of supplies and services essential to the
community; persons subjected to such detention
4. Removal
from one State to another State of prisoners, accused persons and persons
subjected to preventive detention for reasons specified in entry 3 of this List
5. Marriage
and divorce; infants and minors; adoption; wills, intestacy and succession;
joint family and partition; all matters in respect of which parties in judicial
proceedings were immediately before the commencement of this Constitution
subject to their personal law
6. Transfer
of property other than agricultural land; registration of deeds and documents
7. Contracts,
including partnership, agency, contracts of carriage, and other special forms
of contracts, but not including contracts relating to agricultural land
8. Actionable
wrongs
9. Bankruptcy
and insolvency
10. Trust
and Trustees
11. Administrators
general and official trustees
11A. Administration
of justice; constitution and organisation of all courts, except the Supreme
Court and the High Courts
12. Evidence
and oaths; recognition of laws, public acts and records, and judicial
proceedings
13. Civil
procedure, including all matters included in the Code of Civil Procedure at the
commencement of this Constitution, limitation and arbitration
14. Contempt
of court, but not including contempt of the Supreme Court
15. Vagrancy;
nomadic and migratory tribes
16. Lunacy
and mental deficiency, including places for the reception or treatment of
lunatics and mental deficients
17. Prevention
of cruelty to animals
17A. Forests
17B. Protection
of wild animals and birds
18. Adulteration
of foodstuffs and other goods
19. Drugs
and poisons, subject to the provisions of entry 59 of List I with respect to
opium
20. Economic
and social planning
20A. Population
control and family planning
21. Commercial
and industrial monopolies, combines and trusts
22. Trade
unions; industrial and labour disputes
23. Social
security and social insurance; employment and unemployment
24. Welfare
of labour including conditions of work, provident funds, employers liability,
workmens compensation, invalidity and old age pensions and maternity benefits
25. Education,
including technical education, medical education and universities, subject to
the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical
training of labour
26. Legal,
medical and other professions
27. Relief
and rehabilitation of persons displaced from their original place of residence
by reason of the setting up of the Dominions of India and
28. Charities
and charitable institutions, charitable and religious endowments and religious
institutions
29. Prevention
of the extension from one State to another of infectious or contagious diseases
or pests affecting men, animals or plants
30. Vital
statistics including registration of births and deaths
31. Ports
other than those declared by or under law made by Parliament or existing law to
be major ports
32. Shipping
and navigation on inland waterways as regards mechanically propelled vessels,
and the rule of the road on such waterways, and the carriage of passengers and
goods on inland waterways subject to the provisions of List I with respect to
national waterways
33. Trade
and commerce in, and the production, supply and distribution of,
(a) the
products of any industry where the control of such industry by the Union is
declared by Parliament by law to be expedient in the public interest, and
imported goods of the same kind as such products;
(b) foodstuffs,
including edible oilseeds and oils;
(c) cattle
fodder, including oilcakes and other concentrates;
(d) raw
cotton, whether ginned or unginned, and cotton seed; and
(e) raw
jute
33A. Weights
and measures except establishment of standards
34. Price
control
35. Mechanically
propelled vehicles including the principles on which taxes on such vehicles are
to be levied
36. Factories
37. Boilers
38. Electricity
39. Newspapers,
books and printing presses
40. Archaeological
sites and remains other than those declared by or under law made by Parliament
to be of national importance
41. Custody,
management and disposal of property (including agricultural land) declared by
law to be evacuee property
42. Acquisition
and requisitioning of property
43. Recovery
in a State of claims in respect of taxes and other public demands, including
arrears of land revenue and sums recoverable as such arrears, arising outside
that State
44. Stamp
duties other than duties or fees collected by means of judicial stamps, but not
including rates of stamp duty
45. Inquiries
and statistics for the purposes of any of the matters specified in List II or
List III
46. Jurisdiction
and powers of all courts, except the Supreme Court, with respect to any of the
matters in this List
47. Fees
in respect of any of the matters in this List, but not including fees taken in
any court EIGHTH SCHEDULE Articles 344 ( 1 ) and 351 Languages
1. Assamese
2. Bengali
3. Gujarati
4. Hindi
5. Kannada
6. Kashmiri
7. Konkani
8. Malayalam
9. Manipuri
10. Marathi
11. Nepali
12. Oriya
13. Punjabi
14. Sanskrit
15. Sindhi
16. Tamil
17. Telugu
18. Urdu
NINTH SCHEDULE Article 31B
1. The
2. The
3. The
4. The
5. The
Panch Mahals, Mehwassi Tenure Abolition Act, 1949 (Bombay Act LXIII of 1949 )
6. The
7. The
8. The
Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated
Lands) Act, 1950 (Madhya Pradesh Act 1 of 1951 )
9. The
10. The
11. The
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act
1 of 1951 )
12. The
13. The
14. The
15. The
United
16. The
Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act LX of 1948
)
17. Sections
52A to 52G of the Insurance Act, 1938 (Act IV of 1938 ), as inserted by section
42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950 )
18. The
Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951 )
19. Chapter
IIIA of the Industries (Development and Regulation) Act, 1951 (Act LXV of 1951
), as inserted by section 13 of the Industries (Development and Regulation)
Amendment Act, 1953 (Act XXVI of 1953 )
20. The
West Bengal Land Development and Planning Act, 1948 (West Bengal Act XXI of
1948 ), as amended by West Bengal Act XXIX of 1951
21. The
Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 (Andhra Pradesh Act X
of 1961 )
22. The
Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Validation)
Act, 1961 (Andhra Pradesh Act XXI of 1961 )
23. The
Andhra Pradesh (Telangana Area) Ijara and
24. The
Assam State Acquisition of Lands belonging to Religious or Charitable
Institution of Public Nature Act, 1959 (Assam Act IX of 1961 )
25. The
26. The
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land)
Act, 1961 (Bihar Act XII of 1962 ), (except section 28 of this Act)
27. The
28. The
29. The
30. The
31. The
32. The
Sagbara and Meshwassi Estates (Proprietary Rights Abolition, etc) Regulation,
1962 (Gujarat Regulation 1 of 1962 )
33. The
Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act XXXIII of 1963
), except in so far as this Act relates to an alienation referred to in sub
clause (d) of clause ( 3 ) of section 2 thereof
34. The
35. The
Hyderabad Tenancy and
36. The
37. The
Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961 )
38. The
39. The
Kerala Land Reforms Act, 1963 (Kerala Act 1 of 1964 )
40. The
41. The
Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (Madhya Pradesh Act
XX of 1960 )
42. The
43. The
44. The
45. The
46. The
47. The
48. The
Coorg Tenants Act, 1957 (Mysore Act XIV of 1957 )
49. The
50. The
51. The
52. The
Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960 )
53. The
Orissa Merged Territories (Village Offices Abolition) Act, 1963 (Orissa Act X
of 1963 )
54. The
55. The
Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955 )
56. The
Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act VIII of
1959 )
57. The
Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (Uttar
Pradesh Act XVII of 1960 )
58. The
Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (Uttar Pradesh
Act I of 1961 )
59. The
60. The
61. The
62. The
63. The
64. The
65. The
Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 1969 )
66. The
Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971 )
67. The
68. The
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
69. The
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
70. The
71. The
72. The
Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972 )
73. The
Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal Pradesh Act 19 of
1973 )
74. The
Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972 )
75. The
Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1972 (Madhya
Pradesh Act 12 of 1974 )
76. The
Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1972
(Madhya Pradesh Act 13 of 1974 )
77. The
78. The
79. The
Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan
Act II of 1973 )
80. The
Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969
(Tamil Nadu Act 24 of 1969 )
81. The
82. The
83. The
84. The
85. The
Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of 1974 )
86. The
88. The
Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951 )
89. The
Requisitioning and Acquisition of Immovable Property Act, 1952 (Central Act 30
of 1952 )
90. The
Mines and Minerals (Regulations and Development) Act, 1957 (Central Act 67 of
1957 )
91. The
Monopolies and Restrictive Trade Practices Act, 1969 (Central Act 54 of 1969 )
93. The
Coking Coal Mines (Emergency Provisions) Act, 1971 (Central Act 64 of 1971 )
94. The
Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of 1972 )
95. The
General Insurance Business (Nationalisation) Act, 1972 (Central Act 57 of 1972
)
96. The
Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 (Central Act
58 of 1972 )
97. The
Sick Textile Undertakings (Taking Over of Management) Act, 1972 (Central Act 72
of 1972 )
98. The
Coal Mines (Taking Over of Management) Act, 1973 (Central Act 15 of 1973 )
99. The
Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973 )
100. The
Foreign Exchange Regulation Act, 1973 (Central Act 46 of 1973 )
101. The
Alcock Ashdown Company Limited (Acquisition of Undertakings) Act, 1973 (Central
Act 56 of 1973 )
102. The
Coal Mines (Conservation and Development) Act, 1974 (Central Act 28 of 1974 )
103. The
Additional Emoluments (Compulsory Deposit) Act, 1974 (Central Act 37 of 1974 )
104. The
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,
1974 (Central Act 52 of 1974 )
105. The
Sick Textile Undertakings (Nationalisation) Act, 1974 (Central Act 57 of 1974 )
106. The
107. The
108. The
109. The
110. The
111. The
112. The
113. The
114. The
115. The
Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of 1965 )
116. The
Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of 1967 )
117. The
Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of 1967 )
118. The
Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of 1969 )
119. The
Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of 1970 )
120. The
Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972
(Uttar Pradesh Act 18 of 1973 )
121. The
Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1974
(Uttar Pradesh Act 2 of 1975 )
122. The
123. The
Dadra and
124. The
Dadra and
125. Section
66A and Chapter IVA of the Motor Vehicles Act, 1939 (Central Act 4 of 1939 )
126. The
Essential Commodities Act, 1955 (Central Act 10 of 1955 )
127. The
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976
(Central Act 13 of 1976 )
128. The
Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976 )
129. The
Conservation of Foreign Exchange and Prevention of Smuggling Activities
(Amendment) Act, 1976 (Central Act 20 of 1976 )
131. The
Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of 1976 )
132. The
Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976 )
133. The
Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976
(Central Act 59 of 1976 )
134. The
135. The
136. The
Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14 of 1973 )
137. The
Haryana Ceiling on Land Holdings (Amendment) Act, 1976 (Haryana Act 17 of 1976
)
138. The
Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Himachal Pradesh Act 8 of
1974 )
139. The
140. The
Karnataka Land Reforms (Second Amendment and Miscellaneous Provisions) Act,
1974 (Karnataka Act 31 of 1974 )
141. The
Karnataka Land Reforms (Second Amendment) Act, 1976 (Karnataka Act 27 of 1976 )
142. The
Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966 )
143. The
Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969 )
144. The
Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of 1969 )
145. The
Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971 (Kerala Act 20
of 1971 )
146. The
Kerala Private Forests (Vesting and Assignment) Act, 1971 (Kerala Act 26 of
1971 )
147. The
Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974 )
148. The
Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29 of 1974 )
149. The
Kerala Chitties Act, 1975 (Kerala Act 23 of 1975 )
150. The
Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of
Alienated Lands) Act, 1975 (Kerala Act 31 of 1975 )
151. The
Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of 1976 )
152. The
Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976 )
153. The
Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974 (Madhya
Pradesh Act 20 of 1974 )
154. The
Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1975 (Madhya
Pradesh Act 2 of 1976 )
155. The
West Khandesh Meshwari Estates (Proprietary Rights Abolition, etc) Regulation,
1961 (Maharashtra Regulation 1 of 1962 )
156. The
157. The
158. The
Maharashtra Private Forests (Acquisition) Act, 1975 (Maharashtra Act XXIX of
1975 )
159. The
160. The
161. The
Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952 )
162. The
Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954 )
163. The
Rajasthan Land Reforms and Acquisition of Landowners Estates Act, 1963
(Rajasthan Act 11 of 1964 )
164. The
Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Act, 1976
(Rajasthan Act 8 of 1976 )
165. The
Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of 1976 )
166. The
167. The
168. The
169. The
170. The
171. The
172. The
173. The
174. The
175. The
176. The
177. The
178. The
179. Amendments
made to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar
Pradesh Act I of 1951 ) by the Uttar Pradesh Land Laws (Amendment) Act, 1971
(Uttar Pradesh Act 21 of 1971 ) and the Uttar Pradesh Land Laws (Amendment)
Act, 1974 (Uttar Pradesh Act 34 of 1974 )
180. The
Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976
(Uttar Pradesh Act 20 of 1976 )
181. The
182. The
183. The
184. The
185. The
186. The
187. The
Goa, Daman and
188. The
189. The
190. The
191. The
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
192. The
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
193. The
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
194. The
Land Acquisition (
195. The
Haryana Ceiling on Land Holdings (Amendment) Act, 1977 (Haryana Act 14 of 1977
)
196. The
197. The
198. The
Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978 (Uttar Pradesh Act
15 of 1978 )
199. The
200. The
201. The
Goa, Daman and
202. The
Goa, Daman and
203. The
Andhra Pradesh Scheduled
204. The
Andhra Pradesh Scheduled Areas Laws (Extension and Amendment) Regulation, 1963
(Andhra Pradesh Regulation 2 of 1963 )
205. The
Andhra Pradesh Scheduled
206. The
Andhra Pradesh Scheduled
207. The
Andhra Pradesh Scheduled
208. The
209. The
Chhota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908 ) (Chapter VIIIsections
46, 47, 48, 48A and 49; Chapter Xsections 71, 71A and 71B; and Chapter
XVIIIsections 240, 241 and 242)
210. The
Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act 14 of
1949 ) except section 53
211. The
212. The
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
213. The
214. The
215. The
216. The
217. The
218. The
219. The
220. The
Himachal Pradesh Transfer of Land (Regulation) Act, 1968 (Himachal Pradesh Act
15 of 1969 )
221. The
Himachal Pradesh Transfer of Land (Regulation) (Amendment) Act, 1986 (Himachal
Pradesh Act 16 of 1986 )
222. The
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of
certain Lands) Act, 1978 (Karnataka Act 2 of 1979 )
223. The
Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978 )
224. The
Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of 1981 )
225. The
226. The
227. The
Madhya Pradesh Akrishik Jot Uchachatam Seema Adhiniyam, 1981 (Madhya Pradesh
Act 11 of 1981 )
228. The
Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1976
(Madhya Pradesh Act I of 1984 )
229. The
Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1984 (Madhya
Pradesh Act 14 of 1984 )
230. The
Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1989 (Madhya
Pradesh Act 8 of 1989 )
231. The
Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of 1966 ), sections 36,
36A and 36B
232. The
233. The
234. The
Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes)
Regulation, 1956 (Orissa Regulation 2 of 1956 )
235. The
Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa Act 29 of 1976 )
236. The
Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976 )
237. The
Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa Act 44 of 1976 )
238. The
Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act 12 of 1984 )
239. The
Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of 1984 )
240. The
Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of 1987 )
241. The
242. The
243. The
244. The
245. The
246. The
247. The
248. The
249. The
250. The
251. The
252. The
253. The
254. The
255. The
256. The
Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968 )
257. The
Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1 of 1981 )
257A. The
Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation
of Seats in Educational Institutions and of appointments or posts in the
Services under the State) Act 1993 (Tamil Nadu Act 45 of 1994 )
258. The
Bihar Privileged persons Homestead Tenancy Act, 1947 (Bihar Act 4 of 1948 )
259. The
260. The
261. The
Bihar Privileged Persons
262. The
263. The
264. The
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
265. The
Bihar Privileged Persons
266. The
267. The
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of
Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of 1984 )
268. The
Kerala land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989 )
269. The
Kerala land Reforms (Second Amendment) Act, 1989 (Kerala Act 2 of 1990 )
270. The
Orissa Land Reforms Amendment Act, 1989 (Orissa Act 9 of 1990 )
271. The
Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979 )
272. The
Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2 of 1987 )
273. The
Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act 12 of 1989 )
274. The
275. The
276. The
277. The
278. The
279. The
280. The
281. The
282. The
283. The
284. The
West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act 12 of 1991 )
Explanation Any acquisition made under the Rajasthan Tenancy Act, 1955
(Rajasthan Act III of 1955 ), in contravention of the second proviso to clause
( 1 ) of article 31 A shall, to the extent of the contravention, be void TENTH
SCHEDULE Articles 102 ( 2 ) and 191 ( 2 ) Provisions as to disqualification on
ground of defection
1. Interpretation
In this Schedule, unless the context otherwise requires,
(a) House
means either House of Parliament or the Legislative Assembly or, as the case
may be, either House of the Legislature of a State;
(b) legislature
party, in relation to a member of a House belonging to any political party in
accordance with the provisions of paragraph 2 or paragraph 3 or, as the case
may be, paragraph 4, means the group consisting of all the members of that
House for the time being belonging to that political party in accordance with
the said provisions;
(c) original
political party, in relation to a member of a House, means the political party
to which he belongs for the purposes of sub paragraph ( 1 ) of paragraph 2;
(d) paragraph
means a paragraph of this Schedule
2. Disqualification
on ground of defection
(1) Subject
to the provisions of paragraphs 3, 4 and 5, a member of a House belonging to
any political party shall be disqualified for being a member of the House
(a) if
he has voluntarily gives up his membership of such political party; or
(b) if
he votes or abstains from voting in such House contrary to any direction issued
by the political party to which he belongs or by any person or authority
authorised by it in this behalf, without obtaining, in either case, the prior
permission of such political party, person or authority and such voting or
abstention has not been condoned by such political party, person or authority
within fifteen days from the date of such voting or abstention Explanation For
the purposes of this sub paragraph,
(a) an
elected member of a House shall be deemed to belong to the political party, if
any, by which he was set up as a candidate for election as such member;
(b) a
nominated member of a House shall,
(i) where
he is a member of any political party on the date of his nomination as such
member, be deemed to belong to such political party;
(ii) in
any other case, be deemed to belong to the political party of which he becomes,
or, as the case may be, first becomes a member before the expiry of six months
from the date on which he takes his seat after complying with the requirements
of article 99 or, as the case may be, article 188
(2) An
elected member of a House who has been elected as such otherwise than as a
candidate set up by any political party shall be disqualified for being a
member of the House if he joins any political party after such election
(3) A
nominated member of a House shall be disqualified for being a member of the
House if he joins any political party after the expiry of six months from the
date on which he takes his seat after complying with the requirements of
article 99 or, as the case may be, article 188
(4) Notwithstanding
anything contained in the foregoing provisions of this paragraph, a person who,
on the commencement of the Constitution (Fifty second Amendment) Act, 1985 , is
a member of a House (whether elected or nominated as such) shall,
(i) where
he was a member of political party immediately before such commencement, be
deemed, for the purposes of sub paragraph ( 1 ) of this paragraph, to have been
elected as a member of such House as a candidate set up by such political
party;
542503 ii in any other case, be deemed to be an
elected member of the House who has been elected as such otherwise than as a
candidate set up by any political party for the purposes of sub paragraph ( 2 )
of this paragraph or, as the case may be, deemed to be a nominated member of
the House for the purposes of sub paragraph ( 3 ) of this paragraph
3. Disqualification
on ground of defection not to apply in case of split Where a member of a House
makes a claim that he and any other members of his legislature party constitute
the group representing a faction which has arisen as a result of a split in his
original political party and such group consists of not less than one third of
the members of such legislature party,
(a) he
shall not be disqualified under sub paragraph ( 1 ) of paragraph 2 on the
ground
(i) that
he has voluntarily given up his membership of his original political party; or
(ii) that
he has voted or abstained from voting in such House contrary to any direction
issued by such party or by any person or authority authorised by it in that
behalf without obtaining the prior permission of such party, person or
authority and such voting or abstention has not been condoned by such party,
person or authority within fifteen days from the date of such voting or
abstention; and
(b) from
the time of such split, such faction shall be deemed to be the political party
to which he belongs for the purposes of sub paragraph ( 1 ) of paragraph 2 and
to be his original political party for the purposes of this paragraph
4. Disqualification
on ground of defection not to apply in case of merger ( 1 ) A member of a House
shall not be disqualified under sub paragraph ( 1 ) of paragraph 2 where his
original political party merges with another political party and he claims that
he and any other members of his original political party
(a) have
become members of such other political party or, as the case may be, of a new
political party formed by such merger; or
(b) have
not accepted the merger and opted to function as a separate group, and from the
time of such merger, such other political party or new political party or
group, as the case may be, shall be deemed to be the political party to which
he belongs for the purposes of sub paragraph ( 1 ) of paragraph 2 and to be his
original political party for the purposes of this sub paragraph
5. Exemption
Notwithstanding anything contained in this Schedule, a person who has been
elected to the office of the Speaker or the Deputy Speaker of the House of the
People or the Deputy Chairman of the Council of States or the Chairman or the
Deputy Chairman of the Legislative Council of a State or the Speaker or the
Deputy Speaker of the Legislative Assembly of a State, shall not be
disqualified under this Schedule,
(a) if
he, by reason of his election to such office, voluntarily gives up the
membership of the political party to which he belonged immediately before such
election and does not, so long as he continues to hold such office thereafter,
rejoin that political party or become a member of another political party; or
(b) if
he, having given up by reason of his election to such office his membership of
the political party to which he belonged immediately before such election,
rejoins such political party after he ceases to hold such office
6. Decision
on questions as to disqualification on ground of defection ( 1 ) If any
question arises as to whether a member of a House has become subject to
disqualification under this Schedule, the question shall be referred for the
decision of the Chairman or, as the case may be, the Speaker of such House and
his decision shall be final: Provided that where the question which has arisen
is as to whether the Chairman or the Speaker of a House has become subject to
such disqualification, the question shall be referred for the decision of such
member of the House as the House may elect in this behalf and his decision
shall be final
(2) All
proceedings under sub paragraph ( 1 ) of this paragraph in relation to any
question as to disqualification of a member of a House under this Schedule
shall be deemed to be proceedings in Parliament within the meaning of article
122 or, as the case may be, proceedings in the Legislature of a State within
the meaning of article 212
7. Bar
of jurisdiction of courts Notwithstanding anything in this Constitution, no
court shall have any jurisdiction in respect of any matter connected with the
disqualification of a member of a House under this Schedule
8. Rules
( 1 ) Subject to the provisions of sub paragraph ( 2 ) of this paragraph, the
Chairman or the Speaker of a House may make rules for giving effect to the
provisions of this Schedule, and in particular, and without prejudice to the
generality of the foregoing, such rules may provide for
(a) the
maintenance of registers or other records as to the political parties if any,
to which different members of the House belong;
(b) the
report which the leader of a legislature party in relation to a member of a
House shall furnish with regard to any condonation of the nature referred to in
clause (b) of sub paragraph ( 1 ) of paragraph 2 in respect of such member, the
time within which and the authority to whom such report shall be furnished;
(c) the
reports which a political party shall furnish with regard to admission to such
political party of any members of the House and the officer of the House to
whom such reports shall be furnished; and
(d) the
procedure for deciding any question referred to in sub paragraph ( 1 ) of
paragraph 6 including the procedure for any inquiry which may be made for the
purpose of deciding such question
1. Agriculture,
including agricultural extension
2. Land
improvement, implementation of land reforms, land consolidation and soil
conservation
3. Minor
irrigation, water management and watershed development
4. Animal
husbandry, dairying and poultry
5. Fisheries
6. Social
forestry and farm forestry
7. Minor
forest produce
8. Small
scale industries, including food processing industries
9. Khadi,
village and cottage industries
10. Rural
housing
11. Drinking
water
12. Fuel
and fodder
13. Roads,
culverts, bridges, ferries, waterways and other means of communication
14. Rural
electrification, including distribution of electricity
15. Non
conventional energy sources
16. Poverty
alleviation programme
17. Education,
including primary and secondary schools
18. Technical
training and vocational education
19. Adult
and non formal education
20. Libraries
21. Cultural
activities
22. Markets
and fairs
23. Health
and sanitation, including hospitals, primary health centres and dispensaries
24. Family
welfare
25. Women
and child development
26. Social
welfare, including welfare of the handicapped and mentally retarded
27. Welfare
of the weaker sections, and in particular, of the Scheduled Castes and the
Scheduled Tribes
28. Public
distribution system
29. Maintenance
of community assets TWELFTH SCHEDULE Article 243W
1. Urban
planning including town planning
2. Regulation
of land use and construction of buildings
3. Planning
for economic and social development
4. Roads
and bridges
5. Water
supply for domestic, industrial and, commercial purposes
6. Public
health, sanitation conservancy and solid waste management
7. Fire
services
8. Urban
forestry protection of the environment and promotion of ecological aspects
9. Safeguarding
the interests of weaker sections of society, including the handicapped and
mentally retarded
10. Slum
improvement and upgradation
11. Urban
poverty alleviation
12. Provision
of urban amenities and facilities such as parks, gardens, play grounds
13. Promotion
of cultural, educational and aesthetic aspects
14. Burials
and burial grounds; cremations, cremation grounds and electric crematoriums
15. Cattle
ponds; prevention of cruelty to animals
16. Vital
statistics including registration of births and deaths
17. Public
amenities including street lighting, parking lots, bus stops and public
conveniences
18. Regulation
of slaughter houses and tanneries
[1] Amended by Notification issued on 05-08-2019.
[2] Amended by Notification issued on 05-08-2019.
[3] Repealed by Notification issued on 05-08-2019.
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