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India

The Constitution of India (1950) is the longest written national constitution in the world. It establishes India as a sovereign, socialist, secular, democratic republic and guarantees its citizens justice, equality, and liberty.

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General

General Provisions

THE CONSTITUTION OF INDIA

WE, THE PEOPLE OF INDIA, having solemnly

resolved to constitute India into a 1[SOVEREIGN

SOCIALIST SECULAR DEMOCRATIC REPUBLIC] andto secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and

worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual

and the

2[unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twenty-

sixth day of Novembe r, 1949, do HEREBY ADOPT,

ENACT AND GIVE TO OURSELVES THISCONSTITUTION.

1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 2, for “SOVEREIGN

DEMOCRATIC REPUBLIC” (w.e.f. 3-1-1977).

2Subs. by s. 2, ibid., for “unity of the Nation” (w.e.f. 3-1-1977).Preamble.

PART I

THE UNION AND ITS TERRITORY

1. (1) India, that is Bharat, shall be a Union of States.

1[(2) The States and the territories thereof shall be as

specified in the First Schedule.]

(3) The territory of India shall comprise—

(a) the territories of the States;

2[(b) the Union territories specified in the First

Schedule; and]

2. Parliament may by law admit into the Union, or

establish, new States on such terms and conditions as itthinks fit.

32A. [Sikkim to be associated with the Union.] Rep. by the

Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f.

26-4-1975).

3. Parliament may by law—

(a) form a new State by separation of territory

from any State or by uniting two or more States orparts of States or by uniting any territory to a part ofany State;

(b) increase the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State:

4[Provided that no Bill for the purpose shall be

introduced in either House of Parliament except on therecommendation of the President and unless, where theproposal contained in the Bill affects the area, boundariesName and territoryof the Union.

Admission or

establishment ofnew States.

Formation of new

States andalteration of areas,boundaries ornames of existingStates.

1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2).

2Subs. by s. 2, ibid., for sub-clause ( b).

3Article 2A was ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 2 (w.e.f.

1-3-1975).

4Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso.

or name of any of the States 1***, the Bill has been referred

by the President to the Legislature of that State forexpressing its views thereon within such period as maybe specified in the reference or within such further periodas the President may allow and the period so specified orallowed has expired.]

2[Explanation I. —In this article, in clauses (a) to (e),

"State'' includes a Union territory, but in the proviso,"State'' does not include a Union territory.

Explanation II. —The power conferred on Parliament

by clause (a) includes the power to form a new State or

Union territory by uniting a part of any State or Unionterritory to any other State or Union territory.]

4. (1) Any law referred to in article 2 or article 3 shall

contain such provisions for the amendment of the FirstSchedule and the Fourth Schedule as may be necessaryto give effect to the provisions of the law and may alsocontain such supplemental, incidental and consequentialprovisions (including provisions as to representation inParliament and in the Legislature or Legislatures of theState or States affected by such law) as Parliament maydeem necessary.

(2) No such law as aforesaid shall be deemed to be

an amendment of this Constitution for the purposes ofarticle 368.THE CONSTITUTION OF INDIA

(Part I. —The Union and its territory. —Arts. 3-4.)

Laws made under

articles 2 and 3 toprovide for theamendment of theFirst and theFourth Schedulesand supplemental,incidental andconsequentialmatters.

1The words and letters “specified in Part A or Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2.3

PART II

CITIZENSHIP

5. At the commencement of this Constitution, every

person who has his domicile in the territory of Indiaand—

(a) who was born in the territory of India; or

(b) either of whose parents was born in the territory

of India; or

of India for not less than five years immediatelypreceding such commencement,

shall be a citizen of India.

6. Notwithstanding anything in article 5, a person

who has migrated to the territory of India from theterritory now included in Pakistan shall be deemed to bea citizen of India at the commencement of thisConstitution if—

(a) he or either of his parents or any of his

grandparents was born in India as defined in theGovernment of India Act, 1935 (as originally enacted);and

(b) (i) in the case where such person has so

migrated before the nineteenth day of July, 1948, hehas been ordinarily resident in the territory of Indiasince the date of his migration, or

(ii) in the case where such person has so migrated

on or after the nineteenth day of July, 1948, he hasbeen registered as a citizen of India by an officerappointed in that behalf by the Government of theDominion of India on an application made by himtherefor to such officer before the commencement ofthis Constitution in the form and manner prescribedby that Government:

Provided that no person shall be so registered unless

he has been resident in the territory of India for at leastsix months immediately preceding the date of hisapplication.Citizenship at thecommencement ofthe Constitution.

Rights of

citizenship ofcertain personswho have migratedto India fromPakistan.

7. Notwithstanding anything in articles 5 and 6, a

person who has after the first day of March, 1947,migrated from the territory of India to the territory nowincluded in Pakistan shall not be deemed to be a citizenof India:

Provided that nothing in this article shall apply to a

person who, after having so migrated to the territory nowincluded in Pakistan, has returned to the territory of Indiaunder a permit for resettlement or permanent return issuedby or under the authority of any law and every suchperson shall for the purposes of clause ( b) of article 6 be

deemed to have migrated to the territory of India after thenineteenth day of July, 1948.

8. Notwithstanding anything in article 5, any person

who or either of whose parents or any of whosegrandparents was born in India as defined in theGovernment of India Act, 1935 (as originally enacted),and who is ordinarily residing in any country outsideIndia as so defined shall be deemed to be a citizen ofIndia if he has been registered as a citizen of India by thediplomatic or consular representative of India in thecountry where he is for the time being residing on anapplication made by him therefor to such diplomatic orconsular representative, whether before or after thecommencement of this Constitution, in the form andmanner prescribed by the Government of the Dominion ofIndia or the Government of India.

9. No person shall be a citizen of India by virtue of

article 5, or be deemed to be a citizen of India by virtueof article 6 or article 8, if he has voluntarily acquired thecitizenship of any foreign State.

10. Every person who is or is deemed to be a citizen

of India under any of the foregoing provisions of thisPart shall, subject to the provisions of any law that maybe made by Parliament, continue to be such citizen.

11. Nothing in the foregoing provisions of this Part

shall derogate from the power of Parliament to makeany provision with respect to the acquisition andtermination of citizenship and all other matters relatingto citizenship.THE CONSTITUTION OF INDIA

(Part II. —Citizenship. —Arts. 7—11.)

Rights of

citizenship ofcertain persons ofIndian originresiding outsideIndia.5

Rights ofcitizenship ofcertain migrants toPakistan.

Persons voluntarily

acquiringcitizenship of aforeign State not tobe citizens.

Continuance of the

rights ofcitizenship.

Parliament to

regulate the rightof citizenship bylaw.

PART III

FUNDAMENTAL RIGHTS

General

12. In this Part, unless the context otherwise requires,

“the State’’ includes the Government and Parliament ofIndia and the Government and the Legislature of each ofthe States and all local or other authorities within theterritory of India or under the control of the Governmentof India.

13. (1) All laws in force in the territory of India

immediately before the commencement of this Constitution,in so far as they are inconsistent with the provisions of thisPart, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away

or abridges the rights conferred by this Part and any lawmade in contravention of this clause shall, to the extent ofthe contravention, be void.

(3) In this article, unless the context otherwise

requires,—

(a) “law” includes any Ordinance, order, bye-law,

rule, regulation, notification, custom or usage havingin the territory of India the force of law;

(b) “laws in force” includes laws passed or made by

a Legislature or other competent authority in theterritory of India before the commencement of thisConstitution and not previously repealed,notwithstanding that any such law or any part thereofmay not be then in operation either at all or inparticular areas.

1[(4) Nothing in this article shall apply to any

amendment of this Constitution made under article 368.]

Right to Equality

14. The State shall not deny to any person equality

before the law or the equal protection of the laws within theterritory of India.Definition.

Laws inconsistent

with or inderogation of thefundamental rights.

6Equality beforelaw.

1Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2.

15. (1) The State shall not discriminate against any

citizen on grounds only of religion, race, caste, sex, placeof birth or any of them.

(2) No citizen shall, on grounds only of religion, race,

caste, sex, place of birth or any of them, be subject to any

disability, liability, restriction or condition with regard to—

(a) access to shops, public restaurants, hotels and

places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads

and places of public resort maintained wholly orpartly out of State funds or dedicated to the use of

the general public.

(3) Nothing in this article shall prevent the State from

making any special provision for women and children.

1[(4) Nothing in this article or in clause (2) of article 29

shall prevent the State from making any special provision

for the advancement of any socially and educationally

backward classes of citizens or for the Scheduled Castesand the Scheduled Tribes.]

2[(5) Nothing in this article or in sub-clause ( g) of

clause (1) of article 19 shall prevent the State from makingany special provision, by law, for the advancement of

any socially and educationally backward classes of

citizens or for the Scheduled Castes or the ScheduledTribes in so far as such special provisions relate to their

admission to educational institutions including private

educational institutions, whether aided or unaided bythe State, other than the minority educational institutions

referred to in clause (1) of article 30.]

16. (1) There shall be equality of opportunity for all

citizens in matters relating to employment or appointment

to any office under the State.

(2) No citizen shall, on grounds only of religion, race,

caste, sex, descent, place of birth, residence or any of

them, be ineligible for, or discriminated against in respect

of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament

from making any law prescribing, in regard to a class or

classes of employment or appointment to an officeTHE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 15-16.)

Prohibition of

discrimination ongrounds ofreligion, race,caste, sex or placeof birth.7

Equality ofopportunity inmatters of publicemployment.

1Added by the Constitution (First Amendment) Act, 1951, s. 2.

2Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f. 20-1-2006).

1[under the Government of, or any local or other authority

within, a State or Union territory, any requirement as to

residence within that State or Union territory] prior to

such employment or appointment.

(4) Nothing in this article shall prevent the State from

making any provision for the reservation of appointmentsor posts in favour of any backward class of citizens which,

in the opinion of the State, is not adequately represented

in the services under the State.

2[(4A) Nothing in this article shall prevent the State

from making any provision for reservation 3[in matters

of promotion, with consequential seniority, to any class]or classes of posts in the services under the State in favour

of the Scheduled Castes and the Scheduled Tribes which,

in the opinion of the State, are not adequately representedin the services under the State.]

4[(4B) Nothing in this article shall prevent the State

from considering any unfilled vacancies of a year which

are reserved for being filled up in that year in accordancewith any provision for reservation made under clause (4)

or clause (4A) as a separate class of vacancies to be filled

up in any succeeding year or years and such class ofvacancies shall not be considered together with the

vacancies of the year in which they are being filled up for

determining the ceiling of fifty per cent. reservation ontotal number of vacancies of that year.]

(5) Nothing in this article shall affect the operation of

any law which provides that the incumbent of an office

in connection with the affairs of any religious ordenominational institution or any member of the

governing body thereof shall be a person professing a

particular religion or belonging to a particulardenomination.

17. “Untouchability” is abolished and its practice in

any form is forbidden. The enforcement of any disability

arising out of “Untouchability” shall be an offencepunishable in accordance with law.

18. (1) No title, not being a military or academic

distinction, shall be conferred by the State.

(2) No citizen of India shall accept any title from any

foreign State.THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 16—18.)8

1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “under

any State specified in the First Schedule or any local or other authority within its territory, anyrequirement as to residence within that State”.

2Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2.

3Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words

(w.e.f. 17-6-1995).

4Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).Abolition of

Untouchability.

Abolition of titles.

THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 18-19.)9

(3) No person who is not a citizen of India shall,

while he holds any office of profit or trust under the

State, accept without the consent of the President any

title from any foreign State.

(4) No person holding any office of profit or trust

under the State shall, without the consent of the President,accept any present, emolument, or office of any kindfrom or under any foreign State.

Right to Freedom

19. (1) All citizens shall have the right—

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory

of India;

1[and]

2* * * * *

(g) to practise any profession, or to carry on any

occupation, trade or business.

3[(2) Nothing in sub-clause ( a) of clause (1) shall affect

the operation of any existing law, or prevent the Statefrom making any law, in so far as such law imposes

reasonable restrictions on the exercise of the right

conferred by the said sub-clause in the interests of

4[the

sovereignty and integrity of India,] the security of theState, friendly relations with foreign States, public order,decency or morality, or in relation to contempt of court,defamation or incitement to an offence.]

(3) Nothing in sub-clause ( b) of the said clause shall

affect the operation of any existing law in so far as it

imposes, or prevent the State from making any law

imposing, in the interests of

4[the sovereignty and integrity

of India or] public order, reasonable restrictions on theexercise of the right conferred by the said sub-clause.

(4) Nothing in sub-clause ( c) of the said clause shall

affect the operation of any existing law in so far as it

imposes, or prevent the State from making any law

imposing, in the interests of

4[the sovereignty andProtection of

certain rightsregarding freedomof speech, etc.

1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979).

2Sub-clause ( f) omitted by s. 2, ibid. (w.e.f. 20-6-1979).

3Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for cl. (2) (with retrospective

effect).

4Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 2.

integrity of India or] public order or morality, reasonable

restrictions on the exercise of the right conferred by the

said sub-clause.

(5) Nothing in 1[sub-clauses ( d) and ( e)] of the said

clause shall affect the operation of any existing law in so

far as it imposes, or prevent the State from making any

law imposing, reasonable restrictions on the exercise ofany 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 lawimposing, in the interests of the general public, reasonable

restrictions on the exercise of the right conferred by the

said sub-clause, and, in particular,

2[nothing in the said

sub-clause shall affect the operation of any existing law

in so far as it relates to, or prevent the State from making

any law relating to,—

(i) the professional or technical qualifications

necessary for practising any profession or carrying on

any occupation, trade or business, or

(ii) the carrying on by the State, or by a corporation

owned or controlled by the State, of any trade,

business, industry or service, whether to theexclusion, complete or partial, of citizens or

otherwise].

20. (1) No person shall be convicted of any offence

except for violation of a law in force at the time of the

commission of the Act charged as an offence, nor be

subjected to a penalty greater than that which might havebeen inflicted under the law in force at the time of the

commission of the offence.

(2) No person shall be prosecuted and punished for

the same offence more than once.

(3) No person accused of any offence shall be compelled

to be a witness against himself.

21. No person shall be deprived of his life or personal

liberty except according to procedure established by law.THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 19—21.)10

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2, for ”sub-clauses

(d), (e) and ( f)” (w.e.f. 20-6-1979).

2Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words.Protection in

respect ofconviction foroffences.

Protection of life

and personalliberty.

*[21A. The State shall provide free and compulsory

education to all children of the age of six to fourteen years

in such manner as the State may, by law, determine.]

22. (1) No person who is arrested shall be detained in

custody without being informed, as soon as may be, of the

grounds for such arrest nor shall he be denied the right to

consult, and to be defended by, a legal practitioner of hischoice.

(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 theplace 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 appointedTHE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 21A-22.)11

*Ins by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 2 (which is not yet in force, date

to be notified later on).

**Cl. (4) shall stand substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3

(which is yet not in force, date to be notified later on) as—

“(4) No law providing for preventive detention shall authorise the detention of a

person for a longer period than two months unless an Advisory Board constituted in

acordance with the recommendations of the Chief Justice of the appropriate Hight Court

has reported before the expiration of the said period of two months that there is in itsopinion sufficient cause for such detention:

Provided that an Advisory Board shall consist of a Chairman and not less than two

other members, and the Chairman shall be a serving Judge of the appropriate HighCourt and the other menbers shall be serving or retired Judges of any High Court:

Provided further that nothing in this clause shall authorise the detention of any

person beyond the maximum period prescribed by any law made by Parliament undersub-clause ( a) of clause (7).

Explanation .—In this clause, “appropriate High Court” means,—

(i) in the case of the detention of a person in pursuance of an order of detention

made by the Government of India or an officer or authority subordinate to that Government,

the High Court for the Union territory of Delhi;

(ii) in the case of the detention of a person in pursuance of an order of detention

made by the Government of any State (other than a Union territory), the High Court for

the State; and

(iii) in the case of the detention of a person in pursuance of an order of detention

made by the administrator of a Union territory or an officer or authority subordinate to

such administrator, such High Court as may be specified by or under any law made by

Parliament in this behalf.”Right to education.

Protection against

arrest anddetention incertain cases.

as, Judges of a High Court has reported before the

expiration of the said period of three months that thereis in its opinion sufficient cause for such detention:

Provided that nothing in this sub-clause shall

authorise the detention of any person beyond themaximum period prescribed by any law made byParliament under sub-clause ( b) of clause (7); or

(b) such person is detained in accordance with the

provisions of any law made by Parliament under sub-clauses ( a) and ( b) of clause (7).

(5) When any person is detained in pursuance of an

order made under any law providing for preventivedetention, the authority making the order shall, as soonas may be, communicate to such person the grounds onwhich the order has been made and shall afford him theearliest opportunity of making a representation againstthe order.

(6) Nothing in clause (5) shall require the authority

making any such order as is referred to in that clause todisclose facts which such authority considers to be againstthe 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 detainedfor a period longer than three months under any lawproviding for preventive detention without obtainingthe opinion of an Advisory Board in accordance withthe 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 underany law providing for preventive detention; and

Board in an inquiry under ***[sub-clause ( a) of clause

(4)].THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Art. 22.)12

*Sub-clause ( a) shall stand omitted by the Constitution (Forty-fourth Amendment) Act,

1978, s. 3 (which is yet not in force, date to be notified later on).

**Sub-clause ( b) shall stand relettered as sub-clause ( a) by s. 3, ibid. (which is yet not in

force, date to be notified later on).

***The words, letter and figure in brackets shall stand substituted as “clause (4)” by

s. 3, ibid. (which is yet not in force, date to be notified later on).

Right against Exploitation

23. (1) Traffic in human beings and begar and other

similar forms of forced labour are prohibited and any

contravention of this provision shall be an offence

punishable in accordance with law.

(2) Nothing in this article shall prevent the State from

imposing compulsory service for public purposes, and in

imposing such service the State shall not make anydiscrimination on grounds only of religion, race, caste orclass or any of them.

24. No child below the age of fourteen years shall be

employed to work in any factory or mine or engaged inany other hazardous employment.

Right to Freedom of Religion

25. (1) Subject to public order, morality and health

and to the other provisions of this Part, all persons areequally entitled to freedom of conscience and the rightfreely 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 beassociated with religious practice;

(b) providing for social welfare and reform or the

throwing open of Hindu religious institutions of apublic 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 theSikh religion.

Explanation II. —In sub-clause ( b) of clause (2), the

reference to Hindus shall be construed as including areference to persons professing the Sikh, Jaina or

Buddhist religion, and the reference to Hindu religious

institutions shall be construed accordingly.

26. Subject to public order, morality and health, every

religious denomination or any section thereof shall havethe right—

(a) to establish and maintain institutions for

religious and charitable purposes;

(b) to manage its own affairs in matters of religion;Prohibition of

employment ofchildren infactories, etc.

Freedom of

conscience and freeprofession, practiceand propagation ofreligion.Prohibition of

traffic in humanbeings and forcedlabour.

Freedom to

manage religiousaffairs.THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 23—26.)13

property; and

(d) to administer such property in accordance with

law.

27. No person shall be compelled to pay any taxes,

the proceeds of which are specifically appropriated in

payment of expenses for the promotion or maintenance

of any particular religion or religious denomination.

28. (1) No religious instruction shall be provided in

any educational institution wholly maintained out of State

funds.

(2) Nothing in clause (1) shall apply to an educational

institution which is administered by the State but has

been established under any endowment or trust which

requires that religious instruction shall be imparted insuch institution.

(3) No person attending any educational institution

recognised by the State or receiving aid out of State fundsshall 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 suchinstitution or in any premises attached thereto unless such

person or, if such person is a minor, his guardian has

given his consent thereto.

Cultural and Educational Rights

29. (1) Any section of the citizens residing in the

territory of India or any part thereof having a distinctlanguage, script or culture of its own shall have the right

to conserve the same.

(2) No citizen shall be denied admission into any

educational institution maintained by the State or

receiving aid out of State funds on grounds only of

religion, race, caste, language or any of them.

30. (1) All minorities, whether based on religion or

language, shall have the right to establish and administer

educational institutions of their choice.

1[(1A) In making any law providing for the

compulsory acquisition of any property of an educational

institution established and administered by a minority,Freedom as to

payment of taxesfor promotion ofany particularreligion.

Freedom as to

attendance atreligiousinstruction orreligious worshipin certaineducationalinstitutions.

Protection of

interests ofminorities.

Right of minorities

to establish andadministereducationalinstitutions.

1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 26—30.)14

referred to in clause (1), the State shall ensure that the

amount fixed by or determined under such law for theacquisition of such property is such as would not restrictor abrogate the right guaranteed under that clause.]

(2) The State shall not, in granting aid to educational

institutions, discriminate against any educationalinstitution on the ground that it is under the managementof a minority, whether based on religion or language.

1* * *

31. [Compulsory acquisition of property. ] Rep. by the

Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f.

20-6-1979).

2[Saving of Certain Laws ]

3[31A. 4[(1) Notwithstanding anything contained in

article 13, no law providing for—

(a) the acquisition by the State of any estate or of

any rights therein or the extinguishment ormodification of any such rights, or

(b) the taking over of the management of any

property by the State for a limited period either inthe public interest or in order to secure the propermanagement of the property, or

either in the public interest or in order to secure theproper 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 ofcorporations, or of any voting rights of shareholdersthereof, orSaving of lawsproviding foracquisition ofestates, etc.

1The sub-heading “ Right to Property ” omitted by the Constitution (Forty-fourth

Amendment) Act, 1978, s. 5 (w.e.f. 20-6-1979).

2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977).

3Ins. by the Constitution (First Amendment) Act, 1951, s. 4 (with retrospective effect).

4Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl. (1) (with

retrospective effect).THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 30—31 A.)15

(e) the extinguishment or modification of any

rights accruing by virtue of any agreement, lease orlicence for the purpose of searching for, or winning,any mineral or mineral oil, or the prematuretermination 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 therights conferred by

1[article 14 or article 19]:

Provided that where such law is a law made by the

Legislature of a State, the provisions of this article shallnot apply thereto unless such law, having been reservedfor the consideration of the President, has received hisassent:]

2[Provided further that where any law makes any

provision for the acquisition by the State of any estateand where any land comprised therein is held by a personunder 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 thetime being in force or any building or structure standingthereon or appurtenant thereto, unless the law relatingto the acquisition of such land, building or structure,provides for payment of compensation at a rate whichshall not be less than the market value thereof.]

(2) In this article,—

3[(a) the expression ''estate'' shall, in relation to

any local area, have the same meaning as thatexpression or its local equivalent has in the existinglaw relating to land tenures in force in that area andshall also include—

(i) any jagir, inam or muafi or other similar grant

and in the States of

4[Tamil Nadu] and Kerala,

any janmam right;

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for “article 14,

Article 19

or article 31” (w.e.f. 20-6-1979).

2Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 2.

3Subs. by s. 2, ibid., for sub-clause ( a) (with retrospective effect).

4Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for

“Madras”. (w.e..f. 14-1-1969).THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Art. 31A.)16

(ii) any land held under ryotwari settlement;

(iii) any land held or let for purposes of

agriculture or for purposes ancillary thereto,including waste land, forest land, land for pastureor sites of buildings and other structures occupiedby cultivators of land, agricultural labourers andvillage artisans;]

(b) the expression ''rights'', in relation to an estate,

shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder,

1[raiyat,

under-raiyat ] or other intermediary and any rights or

privileges in respect of land revenue.]

2[31B. Without prejudice to the generality of the

provisions contained in article 31A, none of the Acts andRegulations specified in the Ninth Schedule nor any ofthe 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 anyjudgment, decree or order of any court or Tribunal to thecontrary, each of the said Acts and Regulations shall,subject to the power of any competent Legislature torepeal or amend it, continue in force.]

3[31C. Notwithstanding anything contained in article

13, no law giving effect to the policy of the State towardssecuring

4[all or any of the principles laid down in Part

IV] shall be deemed to be void on the ground that it isinconsistent with, or takes away or abridges any of therights conferred by

5[article 14 or article 19]; 6and no lawValidation ofcertain Acts andRegulations.

1Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 3 (with retrospective effect).

2Ins. by the Constitution (First Amendment) Act, 1951, s. 5.

3Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972).

4Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “the principles

specified in clause ( b) or clause ( c) of article 39” (w.e.f. 3-1-1977). Section 4 has been declared

invalid by the Supreme Court in Minerva Mills Ltd. and others vs. Union of India and others

(1980) 2 . S.C.C. 591.

5Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 8, for “article 14,

Article 19

or article 31” (w.e.f. 20-6-1979).

6In Kesavananda Bharati vs. The State of Kerala, (1973 ) Supp. S.C.R. 1, the Supreme Court

held the provisions in italics to be invalid.Saving of lawsgiving effect tocertain directiveprinciples.THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 31A—31 C.)17

containing a declaration that it is for giving effect to such

policy shall be called in question in any court on the groundthat 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 notapply thereto unless such law, having been reserved forthe consideration of the President, has received his assent.

131D. [Saving of laws in respect of anti-national activities. ]

Rep. by the Constitution (Forty-third Amendment) Act, 1977,

s. 2 (w.e.f. 13-4-1978).

Right to Constitutional Remedies

32. (1) The right to move the Supreme Court by

appropriate proceedings for the enforcement of the rightsconferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue

directions or orders or writs, including writs in the natureof habeas corpus, mandamus, prohibition, quo warranto and

certiorari , whichever may be appropriate, for the

enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the

Supreme Court by clauses (1) and (2), Parliament may bylaw empower any other court to exercise within the locallimits of its jurisdiction all or any of the powers exercisableby the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be

suspended except as otherwise provided for by thisConstitution.

232A. [Constitutional validity of State laws not to be

considered in proceedings under article 32.] Rep. by the

Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f.

13-4-1978).Remedies forenforcement ofrights conferred bythis Part.

1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 5 (w.e.f. 3-1-1977).

2Ins. by s. 6, ibid. (w.e.f. 1-2-1977).THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 31C—32 A.)18

1[33. Parliament may, by law, determine to what extent

any of the rights conferred by this Part shall, in theirapplication to,—

(a) the members of the Armed Forces; or

(b) the members of the Forces charged with the

maintenance of public order; or

organisation established by the State for purposes ofintelligence or counter intelligence; or

(d) person employed in, or in connection with,

the telecommunication systems set up for thepurposes of any Force, bureau or organisationreferred to in clauses ( a) to ( c),

be restricted or abrogated so as to ensure the proper

discharge of their duties and the maintenance ofdiscipline among them.]

34. Notwithstanding anything in the foregoing

provisions of this Part, Parliament may by law indemnifyany person in the service of the Union or of a State orany other person in respect of any act done by him inconnection with the maintenance or restoration of orderin any area within the territory of India where martiallaw was in force or validate any sentence passed,punishment inflicted, forfeiture ordered or other act doneunder martial law in such area.

35. 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 article32, article 33 and article 34 may be provided forby law made by Parliament; and

(ii) for prescribing punishment for those acts

which are declared to be offences under this Part;Power ofParliament tomodify the rightsconferred by thisPart in theirapplication toForces, etc.

Restriction on

rights conferred bythis Part whilemartial law is inforce in any area.

Legislation to give

effect to theprovisions of thisPart.

1Subs. by the Constitution (Fiftieth Amendment) Act, 1984, s. 2, for art. 33.THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Arts. 33—35.)19

and Parliament shall, as soon as may be after the

commencement of this Constitution, make lawsfor prescribing punishment for the acts referredto in sub-clause ( ii);

(b) any law in force immediately before the

commencement of this Constitution in the territoryof India with respect to any of the matters referred toin sub-clause ( i) of clause ( a) or providing for

punishment for any act referred to in sub-clause ( ii)

of that clause shall, subject to the terms thereof andto any adaptations and modifications that may bemade therein under article 372, continue in force untilaltered or repealed or amended by Parliament.

Explanation. —In this article, the expression “law in

force” has the same meaning as in article 372.THE CONSTITUTION OF INDIA

(Part III. —Fundamental Rights. —Art. 35.)20

PART IV

DIRECTIVE PRINCIPLES OF STATE POLICY

36. In this Part, unless the context otherwise requires,

“the State” has the same meaning as in Part III.

37. The provisions contained in this Part shall not be

enforceable by any court, but the principles therein laiddown are nevertheless fundamental in the governance ofthe country and it shall be the duty of the State to applythese principles in making laws.

38.

1[(1)] The State shall strive to promote the welfare

of the people by securing and protecting as effectively asit may a social order in which justice, social, economicand political, shall inform all the institutions of thenational life.

2[(2) The State shall, in particular, strive to minimise

the inequalities in income, and endeavour to eliminateinequalities in status, facilities and opportunities, notonly amongst individuals but also amongst groups ofpeople residing in different areas or engaged in differentvocations.]

39. The State shall, in particular, direct its policy

towards securing—

(a) that the citizens, men and women equally, have

the right to an adequate means of livelihood;

(b) that the ownership and control of the material

resources of the community are so distributed as bestto subserve the common good;

not result in the concentration of wealth and meansof production to the common detriment;

(d) that there is equal pay for equal work for both

men and women;Definition.

Application of the

principlescontained in thisPart.

State to secure a

social order forthe promotion ofwelfare of thepeople.

Certain principles

of policy to befollowed by theState.

1Art. 38 renumbered as cl. (1) thereof by the Constitution (Forty-fourth Amendment)

Act, 1978, s. 9 (w.e.f. 20-6-1979).

2Ins. by s. 9, ibid. (w.e.f 20-6-1979).

(e) that the health and strength of workers, men

and women, and the tender age of children are notabused and that citizens are not forced by economicnecessity to enter avocations unsuited to their age orstrength;

1[(f) that children are given opportunities and

facilities to develop in a healthy manner and inconditions of freedom and dignity and that childhoodand youth are protected against exploitation andagainst moral and material abandonment.]

2[39A. The State shall secure that the operation of the

legal system promotes justice, on a basis of equalopportunity, and shall, in particular, provide free legalaid, by suitable legislation or schemes or in any otherway, to ensure that opportunities for securing justice arenot denied to any citizen by reason of economic or otherdisabilities.]

40. The State shall take steps to organise village

panchayats and endow them with such powers andauthority as may be necessary to enable them to functionas units of self-government.

41. The State shall, within the limits of its economic

capacity and development, make effective provision forsecuring the right to work, to education and to publicassistance in cases of unemployment, old age, sicknessand disablement, and in other cases of undeserved want.

42. The State shall make provision for securing just

and humane conditions of work and for maternity relief.

43. The State shall endeavour to secure, by suitable

legislation or economic organisation or in any other way,to all workers, agricultural, industrial or otherwise, work,a living wage, conditions of work ensuring a decent

1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl. ( f) (w.e.f.

3-1-1977).

2Ins. by s. 8, ibid. (w.e.f. 3-1-1977).Equal justice and

free legal aid.

Organisation of

village panchayats.

Right to work, to

education and topublic assistancein certain cases.

Provision for just

and humaneconditions of workand maternityrelief.

Living wage, etc.,

for workers.THE CONSTITUTION OF INDIA

(Part IV. —Directive Principles of State Policy. —

Arts. 39—43.)22

standard of life and full enjoyment of leisure and social

and cultural opportunities and, in particular, the Stateshall endeavour to promote cottage industries on anindividual or co-operative basis in rural areas.

1[43A. The State shall take steps, by suitable legislation

or in any other way, to secure the participation of workersin the management of undertakings, establishments orother organisations engaged in any industry.]

44. The State shall endeavour to secure for the citizens

a uniform civil code throughout the territory of India.

*[45. The State shall endeavour to provide, within a

period of ten years from the commencement of thisConstitution, for free and compulsory education for allchildren until they complete the age of fourteen years.]

46. The State shall promote with special care the

educational and economic interests of the weaker sectionsof the people, and, in particular, of the Scheduled Castesand the Scheduled Tribes, and shall protect them fromsocial injustice and all forms of exploitation.

47. The State shall regard the raising of the level of

nutrition and the standard of living of its people and theimprovement of public health as among its primaryduties and, in particular, the State shall endeavour tobring about prohibition of the consumption except formedicinal purposes of intoxicating drinks and of drugswhich are injurious to health.

48. The State shall endeavour to organise agriculture

and animal husbandry on modern and scientific linesand shall, in particular, take steps for preserving andimproving the breeds, and prohibiting the slaughter, ofcows and calves and other milch and draught cattle.Participation ofworkers inmanagement ofindustries.

Uniform civil code

for the citizens.

Provision for free

and compulsoryeducation forchildren.

1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 9 (w.e.f. 3-1-1977).

*Art. 45 shall stand substituted by the Constitution (Eighty-sixth Amendment) Act,

2002, s. 3 (which is yet not in force, date to be notified later on) as—

“45. Provision for early childhood care and education to children below the

age of six years .—The State shall endeavour to provide early childhood care and education

for all children until they complete the age of six years.”.Promotion ofeducational andeconomic interestsof ScheduledCastes, ScheduledTribes and otherweaker sections.

Duty of the State

to raise the levelof nutrition andthe standard ofliving and toimprove publichealth.

Organisation of

agriculture andanimal husbandry.THE CONSTITUTION OF INDIA

(Part IV. —Directive Principles of State Policy. —

Arts. 43—48 A.)23

Protection and

improvement ofenvironment andsafeguarding offorests and wildlife.1[48A. The State shall endeavour to protect and

improve the environment and to safeguard the forestsand wild life of the country.]

49. It shall be the obligation of the State to protect

every monument or place or object of artistic or historicinterest,

2[declared by or under law made by Parliament]

to be of national importance, from spoliation,disfigurement, destruction, removal, disposal or export,as the case may be.

50. The State shall take steps to separate the judiciary

from the executive in the public services of the State.

51. The State shall endeavour to—

(a) promote international peace and security;

(b) maintain just and honourable relations between

nations;

obligations in the dealings of organized peoples withone another; and

(d) encourage settlement of international disputes

by arbitration.

1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 10 (w.e.f.

3-1-1977).

2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by

Parliament by law”.Protection of

monuments andplaces and objectsof nationalimportance.

Separation of

judiciary fromexecutive.THE CONSTITUTION OF INDIA

(Part IV. —Directive Principles of State Policy. —

Arts. 48A—51.)24

Promotion of

international peaceand security.

1[PART IVA

FUNDAMENTAL DUTIES

51A. It shall be the duty of every citizen of India—

(a) to abide by the Constitution and respect its

ideals and institutions, the National Flag and the

National Anthem;

(b) to cherish and follow the noble ideals which

inspired our national struggle for freedom;

and integrity of India;

(d) to defend the country and render national

service when called upon to do so;

(e) to promote harmony and the spirit of common

brotherhood amongst all the people of Indiatranscending 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 tohave 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 andachievement;

*[(k) who is a parent or guardian to provide

opportunities for education to his child or, as thecase may be, ward between the age of six and

fourteen years.]Fundamental

duties.

1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 11 (w.e.f. 3-1-1977).

*Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 4 (which is yet not in

force, date to be notified later on).

PART V

THE UNION

CHAPTER I.—T HE EXECUTIVE

The President and Vice-President

52. There shall be a President of India.

53. (1) The executive power of the Union shall be

vested in the President and shall be exercised by himeither directly or through officers subordinate to him inaccordance with this Constitution.

(2) Without prejudice to the generality of the

foregoing provision, the supreme command of theDefence Forces of the Union shall be vested in the

President and the exercise thereof shall be regulated by

law.

(3) Nothing in this article shall—

(a) be deemed to transfer to the President any

functions conferred by any existing law on theGovernment of any State or other authority; or

(b) prevent Parliament from conferring by law

functions on authorities other than the President.

54. The President shall be elected by the members of

an electoral college consisting of—

(a) the elected members of both Houses of

Parliament; and

(b) the elected members of the Legislative

Assemblies of the States.

1[Explanation. —In this article and in article 55, ''State''

includes the National Capital Territory of Delhi and theUnion territory of *Pondicherry.]The President ofIndia.

Executive power

of the Union.

1Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1995).

*Now Puducherry, vide the Pondicherry (Alteration of Name) Act, 2006, s. 3 (w.e.f.

1-10-2006).

26Election ofPresident.

55. (1) As far as practicable, there shall be uniformity

in the scale of representation of the different States at the

election of the President.

(2) For the purpose of securing such uniformity

among the States inter se as well as parity between the

States as a whole and the Union, the number of voteswhich each elected member of Parliament and of the

Legislative Assembly of each State is entitled to cast at

such election shall be determined in the followingmanner:—

(a) every elected member of the Legislative

Assembly of a State shall have as many votes asthere 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 theAssembly;

(b) if, after taking the said multiples of one

thousand, the remainder is not less than fivehundred, then the vote of each member referred to

in sub-clause ( a) shall be further increased by one;

Parliament shall have such number of votes as maybe obtained by dividing the total number of votesassigned to the members of the Legislative

Assemblies of the States under sub-clauses ( a) and

(b) by the total number of the elected members of

both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions beingdisregarded.

(3) The election of the President shall be held in

accordance with the system of proportional

representation by means of the single transferable voteand the voting at such election shall be by secret ballot.

1[Explanation. —In this article, the expression

''population'' means the population as ascertained at thelast 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 haveManner of election

of President.

1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 12, for the Explanation

(w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA

(Part V. —The Union. —Art. 55.)27

been published shall, until the relevant figures for the

first census taken after the year 1[2026] have been

published, be construed as a reference to the 1971 census.]

56. (1) The President shall hold office for a term of

five years from the date on which he enters upon hisoffice:

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 impeachmentin the manner provided in article 61;

expiration of his term, continue to hold office untilhis 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 ofthe People.

57. A person who holds, or who has held, office as

President shall, subject to the other provisions of thisConstitution, be eligible for re-election to that office.

58. (1) No person shall be eligible for election as

President unless he—

(a) is a citizen of India,

(b) has completed the age of thirty-five years, and

House of the People.

(2) A person shall not be eligible for election as

President if he holds any office of profit under theGovernment of India or the Government of any State orunder any local or other authority subject to the controlof any of the said Governments.Term of office ofPresident.

Qualifications for

election asPresident.Eligibility for re-

election.

1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for “2000”.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 55—58.)28

Explanation. —For the purposes of this article, a person

shall not be deemed to hold any office of profit by reasononly that he is the President or Vice-President of theUnion or the Governor

1*** of any State or is a Minister

either for the Union or for any State.

59. (1) The President shall not be a member of either

House of Parliament or of a House of the Legislature ofany State, and if a member of either House of Parliamentor of a House of the Legislature of any State be electedPresident, he shall be deemed to have vacated his seat inthat House on the date on which he enters upon hisoffice 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 bealso entitled to such emoluments, allowances andprivileges as may be determined by Parliament by lawand, until provision in that behalf is so made, suchemoluments, allowances and privileges as are specifiedin the Second Schedule.

(4) The emoluments and allowances of the President

shall not be diminished during his term of office.

60. Every President and every person acting as

President or discharging the functions of the Presidentshall, before entering upon his office, make and subscribein the presence of the Chief Justice of India or, in hisabsence, the senior-most Judge of the Supreme Courtavailable, an oath or affirmation in the following form,that is to say—

"I, A.B., do

swear in the name of God that I will faith-

solemnly affirm

fully execute the office of President (or discharge

the functions of the President) of India and will to thebest of my ability preserve, protect and defend theConditions ofPresident's office.

Oath or affirmation

by the President.

1The words “or Rajpramukh or Uparajpramukh” omitted by the Constitution (Seventh

Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 58—60.)29

Constitution and the law and that I will devote myself to

the service and well-being of the people of India”.

61. (1) When a President is to be impeached for

violation of the Constitution, the charge shall be preferredby 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 leastfourteen days' notice in writing signed by not lessthan one-fourth of the total number of members ofthe House has been given of their intention to movethe resolution, and

(b) such resolution has been passed by a majority

of not less than two-thirds of the total membershipof the House.

(3) When a charge has been so preferred by either

House of Parliament, the other House shall investigatethe charge or cause the charge to be investigated and thePresident shall have the right to appear and to berepresented at such investigation.

(4) If as a result of the investigation a resolution is

passed by a majority of not less than two-thirds of thetotal membership of the House by which the charge wasinvestigated or caused to be investigated, declaring thatthe charge preferred against the President has beensustained, such resolution shall have the effect of removingthe President from his office as from the date on whichthe resolution is so passed.

62. (1) An election to fill a vacancy caused by the

expiration of the term of office of President shall becompleted 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 orremoval, or otherwise shall be held as soon as possibleafter, and in no case later than six months from, the dateof occurrence of the vacancy; and the person elected to fillthe vacancy shall, subject to the provisions of article 56,Procedure forimpeachment ofthe President.

Time of holding

election to fillvacancy in theoffice of Presidentand the term ofoffice of personelected to fillcasual vacancy.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 60—62.)30

be entitled to hold office for the full term of five years from

the date on which he enters upon his office.

63. There shall be a Vice-President of India.

64. The Vice-President shall be ex officio Chairman of

the Council of States and shall not hold any other officeof profit:

Provided that during any period when the Vice-

President acts as President or discharges the functions ofthe President under article 65, he shall not perform theduties of the office of Chairman of the Council of Statesand shall not be entitled to any salary or allowancepayable to the Chairman of the Council of States underarticle 97.

65. (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-Presidentshall act as President until the date on which a newPresident elected in accordance with the provisions ofthis 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 thedate 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 thefunctions of, President, have all the powers andimmunities of the President and be entitled to suchemoluments, allowances and privileges as may bedetermined by Parliament by law and, until provision inthat behalf is so made, such emoluments, allowancesand privileges as are specified in the Second Schedule.

66. (1) The Vice-President shall be elected by the

1[members of an electoral college consisting of the

members of both Houses of Parliament] in accordanceThe Vice-Presidentof India.

The Vice-President

to be ex officio

Chairman of theCouncil of States.

The Vice-President

to act as Presidentor to discharge hisfunctions duringcasual vacancies inthe office, orduring the absence,of President.

Election of Vice-

President.

1Subs. by the Constitution (Eleventh Amendment) Act, 1961, s. 2, for “members of both

Houses of Parliament assembled at a joint meeting”.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 62—66.)31

with the system of proportional representation by means

of the single transferable vote and the voting at suchelection 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 ofany State, and if a member of either House of Parliamentor of a House of the Legislature of any State be electedVice-President, he shall be deemed to have vacated hisseat in that House on the date on which he enters uponhis office as Vice-President.

(3) No person shall be eligible for election as Vice-

President unless he—

(a) is a citizen of India;

(b) has completed the age of thirty-five years; and

Council of States.

(4) A person shall not be eligible for election as Vice-

President if he holds any office of profit under theGovernment of India or the Government of any State orunder any local or other authority subject to the controlof 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 reasononly that he is the President or Vice-President of theUnion or the Governor

1*** of any State or is a Minister

either for the Union or for any State.

67. The Vice-President shall hold office for a term of

five years from the date on which he enters upon hisoffice:

Provided that—

(a) a Vice-President may, by writing under his hand

addressed to the President, resign his office;Term of office ofVice-President.

1The words “or Rajpramukh or Uparajpramukh” omitted by the Constitution (Seventh

Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 66—67.)32

(b) a Vice-President may be removed from his office

by a resolution of the Council of States passed by amajority of all the then members of the Council andagreed to by the House of the People; but no resolutionfor the purpose of this clause shall be moved unlessat least fourteen days' notice has been given of theintention to move the resolution;

expiration of his term, continue to hold office untilhis successor enters upon his office.

68. (1) An election to fill a vacancy caused by the

expiration of the term of office of Vice-President shall becompleted 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 orremoval, or otherwise shall be held as soon as possibleafter the occurrence of the vacancy, and the person electedto fill the vacancy shall, subject to the provisions ofarticle 67, be entitled to hold office for the full term of fiveyears from the date on which he enters upon his office.

69. Every Vice-President shall, before entering upon

his office, make and subscribe before the President, orsome person appointed in that behalf by him, an oath oraffirmation in the following form, that is to say—

“I, A.B., do

swear in the name of God that I will bear true

faith and allegiance to the Constitution of India as by

law established and that I will faithfully discharge theduty upon which I am about to enter.”

70. Parliament may make such provisions as it thinks

fit for the discharge of the functions of the President inany contingency not provided for in this Chapter.

1[71. (1) All doubts and disputes arising out of or in

connection with the election of a President or Vice-President shall be inquired into and decided by theSupreme Court whose decision shall be final.Time of holdingelection to fillvacancy in theoffice of Vice-President and theterm of office ofperson elected tofill casual vacancy.

Oath or affirmation

by the Vice-President.

Discharge of

President'sfunctions in othercontingencies.

Matters relating

to, or connectedwith, the electionof a President orVice-President.

1Art. 71 has been successively subs. by the Constitution (Thirty-ninth Amendment)

Act, 1975, s. 2 (w.e.f. 10-8-1975) and the Constitution (Forty-fourth Amendment) Act, 1978,s. 10, to read as above (w.e.f. 20-6-1979). solemnly affirmTHE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 67—71.)33

(2) If the election of a person as President or Vice-

President is declared void by the Supreme Court, actsdone by him in the exercise and performance of thepowers and duties of the office of President or Vice-President, as the case may be, on or before the date ofthe decision of the Supreme Court shall not be invalidatedby reason of that declaration.

(3) Subject to the provisions of this Constitution,

Parliament may by law regulate any matter relating to orconnected 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 groundof the existence of any vacancy for whatever reasonamong the members of the electoral college electing him.]

72. (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 matterto which the executive power of the Union extends;

death.

(2) Nothing in sub-clause ( a) of clause (1) shall affect

the power conferred by law on any officer of the ArmedForces of the Union to suspend, remit or commute asentence passed by a Court Martial.

(3) Nothing in sub-clause ( c) of clause (1) shall affect

the power to suspend, remit or commute a sentence ofdeath exercisable by the Governor

1*** of a State under

any law for the time being in force.Power of Presidentto grant pardons,etc., and tosuspend, remit orcommute sentencesin certain cases.

1The words “or Rajpramukh “ omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 71—72.)34

73. (1) Subject to the provisions of this Constitution,

the executive power of the Union shall extend—

(a) to the matters with respect to which Parliament

has power to make laws; and

(b) to the exercise of such rights, authority and

jurisdiction as are exercisable by the Government ofIndia by virtue of any treaty or agreement:

Provided that the executive power referred to in sub-

clause ( a) shall not, save as expressly provided in this

Constitution or in any law made by Parliament, extend inany State

1*** to matters with respect to which the

Legislature of the State has also power to make laws.

(2) Until otherwise provided by Parliament, a State

and any officer or authority of a State may,notwithstanding anything in this article, continue toexercise in matters with respect to which Parliament haspower to make laws for that State such executive poweror functions as the State or officer or authority thereofcould exercise immediately before the commencement ofthis Constitution.

Council of Ministers

74.

2[(1) There shall be a Council of Ministers with

the Prime Minister at the head to aid and advise thePresident who shall, in the exercise of his functions, actin accordance with such advice:]

3[Provided that the President may require the Council

of Ministers to reconsider such advice, either generallyor otherwise, and the President shall act in accordancewith 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 beinquired into in any court.Extent of executivepower of theUnion.

Council of

Ministers to aidand advisePresident.

1The words and letters “specified in Part A or Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 13, for cl. (1) (w.e.f.

3-1-1977).

3Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 73—74.)35

75. (1) The Prime Minister shall be appointed by the

President and the other Ministers shall be appointed by

the President on the advice of the Prime Minister.

1[(1A) The total number of Ministers, including the

Prime Minister, in the Council of Ministers shall notexceed fifteen per cent. of the total number of members

of the House of the People.

(1B) A member of either House of Parliament

belonging to any political party who is disqualified forbeing a member of that House under paragraph 2 of theTenth Schedule shall also be disqualified to be appointedas a Minister under clause (1) for duration of the period

commencing from the date of his disqualification till the

date on which the term of his office as such memberwould expire or where he contests any election to eitherHouse of Parliament before the expiry of such period, tillthe date on which he is declared elected, whichever isearlier.]

(2) The Ministers shall hold office during the pleasure

of the President.

(3) The Council of Ministers shall be collectively

responsible to the House of the People.

(4) Before a Minister enters upon his office, the

President shall administer to him the oaths of office andof secrecy according to the forms set out for the purposein 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 lawdetermine and, until Parliament so determines, shall beas specified in the Second Schedule.

The Attorney-General for India

76. (1) The President shall appoint a person who is

qualified to be appointed a Judge of the Supreme Courtto be Attorney-General for India.

(2) It shall be the duty of the Attorney-General to

give advice to the Government of India upon such legalOther provisions as

to Ministers.

1Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2.Attorney-General

for India.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 75—76.)36

matters, and to perform such other duties of a legal

character, as may from time to time be referred or

assigned to him by the President, and to discharge thefunctions 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 theterritory of India.

(4) The Attorney-General shall hold office during the

pleasure of the President, and shall receive suchremuneration as the President may determine.

Conduct of Government Business

77. (1) All executive action of the Government of

India shall be expressed to be taken in the name of thePresident.

(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

1 to be made by

the President, and the validity of an order or instrumentwhich is so authenticated shall not be called in questionon the ground that it is not an order or instrument madeor executed by the President.

(3) The President shall make rules for the more

convenient transaction of the business of the Governmentof India, and for the allocation among Ministers of thesaid business.

2* * * *

78. It shall be the duty of the Prime Minister—

(a) to communicate to the President all decisions

of the Council of Ministers relating to the

administration of the affairs of the Union and

proposals for legislation;

(b) to furnish such information relating to the

administration of the affairs of the Union and

proposals for legislation as the President may call

for; andConduct of

business of theGovernment ofIndia.

Duties of Prime

Minister as respectsthe furnishing ofinformation to thePresident, etc.

1See Notification No. S. O. 2297, dated the 3rd November, 1958, Gazette of India,

Extraordinary, 1958, Pt. II, Sec. 3(ii), p. 1315, as amended from time to time.

2Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 14 (w.e.f.

3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 12(w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 76—78.)37

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.—P ARLIAMENT

General

79. There shall be a Parliament for the Union which

shall consist of the President and two Houses to be knownrespectively as the Council of States and the House of

the People.

80. (1)

1[2*** The Council of States] shall consist of—

(a) twelve members to be nominated by the

President in accordance with the provisions of clause

(3); and

(b) not more than two hundred and thirty-eight

representatives of the States 3[and of the Union

territories.]

(2) The allocation of seats in the Council of States to

be filled by representatives of the States 3[and of the Union

territories] shall be in accordance with the provisions in

that behalf contained in the Fourth Schedule.

(3) The members to be nominated by the President

under sub-clause ( a) of clause (1) shall consist of persons

having special knowledge or practical experience in

respect of such matters as the following, namely:-

Literature, science, art and social service.

(4) The representatives of each State 4*** in the Council

of States shall be elected by the elected members of the

Legislative Assembly of the State in accordance with thesystem of proportional representation by means of the

single transferable vote.

(5) The representatives of the

5[Union territories] in

the Council of States shall be chosen in such manner as

Parliament may by law prescribe.Constitution of

Parliament.

Composition of the

Council of States.

1Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for “The Council of

States” (w.e.f. 1-3-1975).

2The words “subject to the provisions of paragraph 4 of the Tenth Schedule” omitted by

the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

3Added by the Constitution (Seventh Amendment) Act, 1956, s. 3.

4The words and letters “specified in Part A or Part B of the First Schedule” omitted by

s. 3, ibid.

5Subs. by s. 3, ibid., for “States specified in Part C of the First Schedule”.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 78—80.)38

1[81. (1) 2[Subject to the provisions of article 331 3***],

the House of the People shall consist of—

(a) not more than 4[five hundred and thirty

members] chosen by direct election from territorial

constituencies in the States, and

(b) not more than 5[twenty members] to represent

the Union territories, chosen in such manner as

Parliament may by law provide.

(2) For the purposes of sub-clause ( a) of clause (1),—

(a) there shall be allotted to each State a number

of seats in the House of the People in such manner

that the ratio between that number and thepopulation 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 betweenthe population of each constituency and the number

of seats allotted to it is, so far as practicable, the

same throughout the State:

6[Provided that the provisions of sub-clause ( a) of

this clause shall not be applicable for the purpose ofallotment 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 censusof which the relevant figures have been published:

7[Provided that the reference in this clause to the last

preceding census of which the relevant figures have been

published shall, until the relevant figures for the firstcensus taken after the year

8[2026] have been published,

9[be construed,—Composition of the

House of thePeople.

1Subs. by the Constitution (Seventh Amendment) Act, 1956 , s. 4, for arts. 81 and 82.

2Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974 s. 4, for “Subject to the

provisions of article 331” (w.e.f. 1-3-1975).

3The words and figure “and paragraph 4 of the Tenth Schedule” omitted by the

Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for

“five hundred and twenty-five members” (w.e.f. 30-5-1987).

5Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for “twenty-five

members”.

6Ins. by s. 2, ibid.

7Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 15 (w.e.f. 3-1-1977).

8Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 3, for “2000”.

9Subs. by s. 3, ibid., for certain words.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Art. 81.)39

(i) for the purposes of sub-clause ( a) of clause (2)

and the proviso to that clause, as a reference to the

1971 census; and

(ii) for the purposes of sub-clause ( b) of clause (2)

as a reference to the 1[2001] census.]]

82. 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 asParliament may by law determine:

Provided that such readjustment shall not affect

representation in the House of the People until the

dissolution of the then existing House:

2[Provided further that such readjustment shall take

effect from such date as the President may, by order,

specify and until such readjustment takes effect, any

election to the House may be held on the basis of theterritorial constituencies existing before such

readjustment:

Provided also that until the relevant figures for the

first census taken after the year

3[2026] have been

published, it shall not be necessary to 4[readjust—

(i) the allocation of seats in the House of

People to the States as readjusted on the basis of the1971 census; and

(ii) the division of each State into territorial

constituencies as may be readjusted on the basis ofthe

5[2001] census,

under this article.]]

83. (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 theexpiration of every second year in accordance with the

provisions made in that behalf by Parliament by law.Readjustment after

each census.

Duration of Houses

of Parliament.

1Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 2, for “1991”.

2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 16 (w.e.f. 3-1-1977).

3Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 4, for “2000”.

4Subs. by s. 4, ibid., for certain words.

5Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 3, for “1991”.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 81—83.)40

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 13, for “six years”

(w.e.f. 20-6-1979). The words “six years” were subs. for the original words “five years” bythe Constitution (Forty-second Amendment) Act, 1976, s. 17 (w.e.f. 3-1-1977).

2Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 3, for cl. ( a).

3Subs. by the Constitution (First Amendment) Act, 1951, s. 6, for art. 85.(2) The House of the People, unless sooner dissolved,

shall continue for 1[five years] from the date appointed

for its first meeting and no longer and the expiration of

the said period of 1[five years] shall operate as a

dissolution of the House:

Provided that the said period may, while a

Proclamation of Emergency is in operation, be extendedby 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.

84. A person shall not be qualified to be chosen to fill

a seat in Parliament unless he—

2[(a) is a citizen of India, and makes and subscribes

before some person authorised in that behalf by the

Election Commission an oath or affirmation

according to the form set out for the purpose in theThird 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

prescribed in that behalf by or under any law madeby Parliament.

3[85. (1) The President shall from time to time

summon each House of Parliament to meet at such timeand 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. (1) The President may address either House of

Parliament or both Houses assembled together, and for

that purpose require the attendance of members.Qualification for

membership ofParliament.

Sessions of

Parliament,prorogation anddissolution.

Right of President

to address andsend messages toHouses.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 83—86.)41

(2) The President may send messages to either House

of Parliament, whether with respect to a Bill then pending

in Parliament or otherwise, and a House to which any

message is so sent shall with all convenient despatchconsider any matter required by the message to be taken

into consideration.

87. (1) At the commencement of

1[the first session

after each general election to the House of the People

and at the commencement of the first session of each

year] the President shall address both Houses ofParliament assembled together and inform Parliament of

the causes of its summons.

(2) Provision shall be made by the rules regulating

the procedure of either House for the allotment of time for

discussion of the matters referred to in such address

2***.

88. 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 whichhe may be named a member, but shall not by virtue of this

article be entitled to vote.

Officers of Parliament

89. (1) The Vice-President of India shall be ex officio

Chairman of the Council of States.

(2) The Council of States shall, as soon as may be,

choose a member of the Council to be Deputy Chairman

thereof and, so often as the office of Deputy Chairmanbecomes vacant, the Council shall choose another member

to be Deputy Chairman thereof.

90. A member holding office as Deputy Chairman of

the Council of States—

(a) shall vacate his office if he ceases to be a

member of the Council;

(b) may at any time, by writing under his hand

addressed to the Chairman, resign his office; and

of the Council passed by a majority of all the then

members of the Council:

1Subs. by the Constitution (First Amendment) Act, 1951, s. 7, for “every session”.

2The words “and for the precedence of such discussion over other business of the House”

omitted by s. 7, ibid.Special address by

the President.

Rights of Ministers

and Attorney-General as respectsHouses.

The Chairman and

Deputy Chairmanof the Council ofStates.

Vacation and

resignation of, andremoval from, theoffice of DeputyChairman.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 86—90.)42

Provided that no resolution for the purpose of clause

has been given of the intention to move the resolution.

91. (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 ofthe office shall be performed by the Deputy Chairman,or, if the office of Deputy Chairman is also vacant, bysuch member of the Council of States as the Presidentmay 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 determinedby the rules of procedure of the Council, or, if no suchperson is present, such other person as may bedetermined by the Council, shall act as Chairman.

92. (1) At any sitting of the Council of States, while

any resolution for the removal of the Vice-President fromhis office is under consideration, the Chairman, or whileany resolution for the removal of the Deputy Chairmanfrom his office is under consideration, the DeputyChairman, shall not, though he is present, preside, andthe provisions of clause (2) of article 91 shall apply inrelation to every such sitting as they apply in relation toa sitting from which the Chairman, or, as the case maybe, the Deputy Chairman, is absent.

(2) The Chairman shall have the right to speak in,

and otherwise to take part in the proceedings of, theCouncil of States while any resolution for the removal ofthe Vice-President from his office is under considerationin the Council, but, notwithstanding anything in article100, shall not be entitled to vote at all on such resolutionor on any other matter during such proceedings.

93. The House of the People shall, as soon as may be,

choose two members of the House to be respectivelySpeaker and Deputy Speaker thereof and, so often as theoffice of Speaker or Deputy Speaker becomes vacant, theHouse shall choose another member to be Speaker orDeputy Speaker, as the case may be.Power of theDeputy Chairmanor other person toperform the dutiesof the office of, orto act as,Chairman.

The Chairman or

the DeputyChairman not topreside while aresolution for hisremoval from officeis underconsideration.

The Speaker and

Deputy Speakerof the House ofthe People.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 90—93.)43

94. 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 theDeputy Speaker, and if such member is the DeputySpeaker, to the Speaker, resign his office; and

of the House of the People passed by a majority of allthe then members of the House:

Provided that no resolution for the purpose of clause

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 officeuntil immediately before the first meeting of the House ofthe People after the dissolution.

95. (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 suchmember of the House of the People as the President mayappoint for the purpose.

(2) During the absence of the Speaker from any sitting

of the House of the People the Deputy Speaker or, if heis also absent, such person as may be determined by therules of procedure of the House, or, if no such person ispresent, such other person as may be determined by theHouse, shall act as Speaker.

96. (1) At any sitting of the House of the People, while

any resolution for the removal of the Speaker from hisoffice is under consideration, the Speaker, or while anyresolution for the removal of the Deputy Speaker from hisoffice is under consideration, the Deputy Speaker, shallnot, though he is present, preside, and the provisions ofclause (2) of article 95 shall apply in relation to everyVacation andresignation of, andremoval from, theoffices of Speakerand DeputySpeaker.

Power of the

Deputy Speaker orother person toperform the dutiesof the office of, orto act as, Speaker.

The Speaker or the

Deputy Speakernot to presidewhile a resolutionfor his removalfrom office isunderconsideration.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 94—96.)44

such sitting as they apply in relation to a sitting from

which the Speaker, or, as the case may be, the DeputySpeaker, is absent.

(2) The Speaker shall have the right to speak in, and

otherwise to take part in the proceedings of, the House ofthe People while any resolution for his removal fromoffice 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 onany other matter during such proceedings but not in thecase of an equality of votes.

97. There shall be paid to the Chairman and the

Deputy Chairman of the Council of States, and to theSpeaker and the Deputy Speaker of the House of thePeople, such salaries and allowances as may berespectively 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. (1) Each House of Parliament shall have a separate

secretarial staff:

Provided that nothing in this clause shall be

construed as preventing the creation of posts commonto both Houses of Parliament.

(2) Parliament may by law regulate the recruitment,

and the conditions of service of persons appointed, tothe secretarial staff of either House of Parliament.

(3) Until provision is made by Parliament under

clause (2), the President may, after consultation with theSpeaker of the House of the People or the Chairman ofthe 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 Houseof the People or the Council of States, and any rules somade shall have effect subject to the provisions of anylaw made under the said clause.Salaries and

allowances of theChairman andDeputy Chairmanand the Speakerand DeputySpeaker.

Secretariat of

Parliament.THE CONSTITUTION OF INDIA

(Part V . —The Union. —Arts. 96—98.)45

Conduct of Business

99. Every member of either House of Parliament shall,

before taking his seat, make and subscribe before thePresident, 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. (1) Save as otherwise provided in this

Constitution, all questions at any sitting of either Houseor joint sitting of the Houses shall be determined by amajority 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 andexercise 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 membershipthereof, 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 votedor otherwise took part in the proceedings.

(3) Until Parliament by law otherwise provides, the

quorum to constitute a meeting of either House ofParliament 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 orSpeaker, or person acting as such, either to adjourn the

House or to suspend the meeting until there is a quorum.

Disqualifications of Members

101. (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 theother.Oath or affirmation

by members.

Voting in Houses,

power of Housesto actnotwithstandingvacancies andquorum.

Vacation of seats.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 99—101.)46

(2) No person shall be a member both of Parliament

and of a House of the Legislature of a State 1***, and if

a person is chosen a member both of Parliament and ofa House of the Legislature of

2[a State], then, at the

expiration of such period as may be specified in rules3

made by the President, that person's seat in Parliamentshall become vacant, unless he has previously resignedhis seat in the Legislature of the State.

(3) If a member of either House of Parliament—

(a) becomes subject to any of the disqualifications

mentioned in

4[clause (1) or clause (2) of article 102],

5[(b) resigns his seat by writing under his hand

addressed to the Chairman or the Speaker, as thecase may be, and his resignation is accepted by theChairman or the Speaker, as the case may be,]

his seat shall thereupon become vacant:

6[Provided that in the case of any resignation referred

to in sub-clause (b), if from information received orotherwise and after making such inquiry as he thinks fit,the Chairman or the Speaker, as the case may be, issatisfied 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 Houseabsent from all meetings thereof, the House may declarehis seat vacant:

Provided that in computing the said period of sixty

days no account shall be taken of any period during

1The words and letters “specified in Part A or Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2Subs. by s. 29 and Sch., ibid., “such a State”.

3See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry

of Law Notification No. F. 46/50-C, dated the 26th January, 1950, Gazette of India,Extraordinary, p. 678.

4Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 2, for “clause (1) of

article 102” (w.e.f. 1-3-1985).

5Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2, for sub-clause ( b).

6Ins. by s. 2, ibid.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Art. 101.)47

which the House is prorogued or is adjourned for more

than four consecutive days.

102. (1) A person shall be disqualified for being chosen

as, and for being, a member of either House ofParliament—

(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 lawnot to disqualify its holder;

(b) if he is of unsound mind and stands so

declared by a competent court;

(d) if he is not a citizen of India, or has voluntarily

acquired the citizenship of a foreign State, or is underany acknowledgment of allegiance or adherence to aforeign State;

(e) if he is so disqualified by or under any law

made by Parliament.

1[Explanation. —For the purposes of this clause] a

person shall not be deemed to hold an office of profitunder the Government of India or the Government ofany State by reason only that he is a Minister either forthe Union or for such State.

2[(2) A person shall be disqualified for being a

member of either House of Parliament if he is sodisqualified under the Tenth Schedule.]

3[103. (1) If any question arises as to whether a member

of either House of Parliament has become subject to anyof the disqualifications mentioned in clause (1) of article102, the question shall be referred for the decision of thePresident and his decision shall be final.Disqualificationsfor membership.

Decision on

questions as todisqualifications ofmembers.

1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for “(2) For the

purposes of this article” (w.e.f. 1-3-1985)

2Ins. by s. 3, ibid. (w.e.f. 1-3-1985).

3Art. 103 has been successively subs. by the Constitution (Forty-second Amendment)

Act, 1976, s. 20 (w.e.f. 3-1-1977) and the Constitution (Forty-fourth Amendment) Act,1978, s. 14 to read as above (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 101—103.)48

(2) Before giving any decision on any such question,

the President shall obtain the opinion of the ElectionCommission and shall act according to such opinion.]

104. If a person sits or votes as a member of either

House of Parliament before he has complied with therequirements of article 99, or when he knows that he isnot qualified or that he is disqualified for membershipthereof, or that he is prohibited from so doing by theprovisions of any law made by Parliament, he shall beliable in respect of each day on which he so sits or votesto a penalty of five hundred rupees to be recovered as adebt due to the Union.

Powers, Privileges and Immunities of Parliament

and its Members

105. (1) Subject to the provisions of this Constitution

and to the rules and standing orders regulating theprocedure of Parliament, there shall be freedom of speech

in Parliament.

(2) No member of Parliament shall be liable to any

proceedings in any court in respect of any thing said orany vote given by him in Parliament or any committeethereof, and no person shall be so liable in respect of thepublication by or under the authority of either House ofParliament of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and

immunities of each House of Parliament, and of themembers and the committees of each House, shall besuch as may from time to time be defined by Parliamentby law, and, until so defined,

1[shall be those of that

House and of its members and committees immediatelybefore the coming into force of section 15 of theConstitution (Forty-fourth Amendment) Act, 1978.]

(4) The provisions of clauses (1), (2) and (3) shall

apply in relation to persons who by virtue of thisConstitution have the right to speak in, and otherwise toPenalty for sittingand voting beforemaking oath oraffirmation underarticle 99 or whennot qualified orwhen disqualified.

Powers, privileges,

etc., of the Housesof Parliament andof the membersand committeesthereof.

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 15, for certain words

(w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 103—105.)49

take part in the proceedings of, a House of Parliament or

any committee thereof as they apply in relation to membersof Parliament.

106. Members of either House of Parliament shall be

entitled to receive such salaries and allowances as mayfrom time to time be determined by Parliament by lawand, until provision in that respect is so made, allowancesat such rates and upon such conditions as wereimmediately before the commencement of thisConstitution applicable in the case of members of theConstituent Assembly of the Dominion of India.

Legislative Procedure

107. (1) Subject to the provisions of articles 109 and

117 with respect to Money Bills and other financial Bills,a Bill may originate in either House of Parliament.

(2) Subject to the provisions of articles 108 and 109,

a Bill shall not be deemed to have been passed by theHouses of Parliament unless it has been agreed to byboth Houses, either without amendment or with suchamendments only as are agreed to by both Houses.

(3) A Bill pending in Parliament shall not lapse by

reason of the prorogation of the Houses.

(4) A Bill pending in the Council of States which has

not been passed by the House of the People shall notlapse 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 Peopleis pending in the Council of States, shall, subject to theprovisions of article 108, lapse on a dissolution of theHouse of the People.

108. (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; orSalaries andallowances ofmembers.

Provisions as to

introduction andpassing of Bills.

Joint sitting of both

Houses in certaincases.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 105—108.)50

the reception of the Bill by the other House withoutthe Bill being passed by it,

the President may, unless the Bill has elapsed by reason

of a dissolution of the House of the People, notify to theHouses by message if they are sitting or by publicnotification if they are not sitting, his intention tosummon them to meet in a joint sitting for the purposeof 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 ofany period during which the House referred to insub-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 ajoint sitting, neither House shall proceed further withthe Bill, but the President may at any time after the dateof his notification summon the Houses to meet in a jointsitting 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 jointsitting, is passed by a majority of the total number ofmembers of both Houses present and voting, it shall bedeemed for the purposes of this Constitution to havebeen passed by both Houses:

Provided that at a joint sitting—

(a) if the Bill, having been passed by one House,

has not been passed by the other House withamendments and returned to the House in which itoriginated, no amendment shall be proposed to theBill other than such amendments (if any) as are madenecessary by the delay in the passage of the Bill;THE CONSTITUTION OF INDIA

(Part V. —The Union. —Art. 108.)51

(b) if the Bill has been so passed and returned,

only such amendments as aforesaid shall be proposedto the Bill and such other amendments as are relevantto the matters with respect to which the Houses havenot agreed;

and the decision of the person presiding as to the

amendments which are admissible under this clause shallbe final.

(5) A joint sitting may be held under this article and

a Bill passed thereat, notwithstanding that a dissolutionof the House of the People has intervened since thePresident notified his intention to summon the Houses tomeet therein.

109. (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 ofStates for its recommendations and the Council of Statesshall within a period of fourteen days from the date of itsreceipt of the Bill return the Bill to the House of thePeople with its recommendations and the House of thePeople may thereupon either accept or reject all or any ofthe 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 Billshall be deemed to have been passed by both Houseswith the amendments recommended by the Council ofStates 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 MoneyBill shall be deemed to have been passed by both Housesin the form in which it was passed by the House of thePeople without any of the amendments recommended bythe Council of States.

(5) If a Money Bill passed by the House of the People

and transmitted to the Council of States for itsrecommendations is not returned to the House of theTHE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 108-109.)52

Special procedure

in respect ofMoney Bills.

People within the said period of fourteen days, it shall be

deemed to have been passed by both Houses at theexpiration of the said period in the form in which it waspassed by the House of the People.

110. (1) For the purposes of this Chapter, a Bill shall

be deemed to be a Money Bill if it contains onlyprovisions dealing with all or any of the followingmatters, 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 ofIndia, or the amendment of the law with respect toany financial obligations undertaken or to beundertaken by the Government of India;

Contingency Fund of India, the payment of moneysinto or the withdrawal of moneys from any suchFund;

(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 ofIndia or the increasing of the amount of any suchexpenditure;

(f) the receipt of money on account of the

Consolidated Fund of India or the public account ofIndia or the custody or issue of such money or theaudit of the accounts of the Union or of a State; or

(g) any matter incidental to any of the matters

specified in sub-clauses ( a) to ( f).

(2) A Bill shall not be deemed to be a Money Bill by

reason only that it provides for the imposition of fines orother pecuniary penalties, or for the demand or paymentof fees for licences or fees for services rendered, or byreason that it provides for the imposition, abolition,remission, alteration or regulation of any tax by any localauthority or body for local purposes.Definition of“Money Bills”.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 109-110.)53

(3) If any question arises whether a Bill is a Money

Bill or not, the decision of the Speaker of the House ofthe People thereon shall be final.

(4) There shall be endorsed on every Money Bill when

it is transmitted to the Council of States underarticle 109, and when it is presented to the President forassent under article 111, the certificate of the Speaker ofthe House of the People signed by him that it is a MoneyBill.

111. When a Bill has been passed by the Houses of

Parliament, it shall be presented to the President, andthe President shall declare either that he assents to theBill, 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 theBill if it is not a Money Bill to the Houses with a messagerequesting that they will reconsider the Bill or anyspecified provisions thereof and, in particular, willconsider the desirability of introducing any suchamendments as he may recommend in his message, andwhen a Bill is so returned, the Houses shall reconsiderthe Bill accordingly, and if the Bill is passed again by theHouses with or without amendment and presented to thePresident for assent, the President shall not withholdassent therefrom.

Procedure in Financial Matters

112. (1) The President shall in respect of every financial

year cause to be laid before both the Houses of Parliamenta statement of the estimated receipts and expenditure ofthe Government of India for that year, in this Part referredto 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 uponthe Consolidated Fund of India; andAssent to Bills.

Annual financial

statement.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 110—112.)54

(b) the sums required to meet other expenditure

proposed to be made from the Consolidated Fund ofIndia,

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 Statesand the Speaker and the Deputy Speaker of the Houseof the People;

is liable including interest, sinking fund charges andredemption charges, and other expenditure relatingto the raising of loans and the service and redemptionof debt;

(d) (i) the salaries, allowances and pensions

payable to or in respect of Judges of the SupremeCourt;

(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 inrelation to any area included in the territory of Indiaor which at any time before the commencement ofthis Constitution exercised jurisdiction in relation toany area included in

1[a Governor's Province of the

Dominion of India];

(e) the salary, allowances and pension payable to

or in respect of the Comptroller and Auditor-Generalof India;

1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “a

Province corresponding to a State specified in Part A of the First Schedule”.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Art. 112.)55

(f) any sums required to satisfy any judgment,

decree or award of any court or arbitral tribunal;

(g) any other expenditure declared by this

Constitution or by Parliament by law to be socharged.

113. (1) So much of the estimates as relates to

expenditure charged upon the Consolidated Fund of Indiashall not be submitted to the vote of Parliament, butnothing in this clause shall be construed as preventingthe discussion in either House of Parliament of any ofthose estimates.

(2) So much of the said estimates as relates to other

expenditure shall be submitted in the form of demandsfor grants to the House of the People, and the House ofthe People shall have power to assent, or to refuse toassent, to any demand, or to assent to any demand subjectto a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on

the recommendation of the President.

114. (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 theappropriation out of the Consolidated Fund of India ofall moneys required to meet—

(a) the grants so made by the House of the People;

and

(b) the expenditure charged on the Consolidated

Fund of India but not exceeding in any case theamount shown in the statement previously laid beforeParliament.

(2) No amendment shall be proposed to any such Bill

in either House of Parliament which will have the effectof varying the amount or altering the destination of anygrant so made or of varying the amount of any expenditurecharged on the Consolidated Fund of India, and thedecision of the person presiding as to whether anamendment is inadmissible under this clause shall befinal.Procedure inParliament withrespect toestimates.

Appropriation

Bills.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 112—114.)56

(3) Subject to the provisions of articles 115 and 116,

no money shall be withdrawn from the ConsolidatedFund of India except under appropriation made by lawpassed in accordance with the provisions of this article.

115. (1) The President shall—

(a) if the amount authorised by any law made in

accordance with the provisions of article 114 to beexpended for a particular service for the currentfinancial year is found to be insufficient for thepurposes of that year or when a need has arisenduring the current financial year for supplementaryor additional expenditure upon some new servicenot contemplated in the annual financial statementfor that year, or

(b) if any money has been spent on any service

during a financial year in excess of the amountgranted for that service and for that year,

cause to be laid before both the Houses of Parliament

another statement showing the estimated amount of thatexpenditure or cause to be presented to the House of thePeople 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 andexpenditure or demand and also to any law to be madeauthorising the appropriation of moneys out of theConsolidated Fund of India to meet such expenditure orthe grant in respect of such demand as they have effectin relation to the annual financial statement and theexpenditure mentioned therein or to a demand for a grantand the law to be made for the authorisation ofappropriation of moneys out of the Consolidated Fundof India to meet such expenditure or grant.

116. (1) Notwithstanding anything in the foregoing

provisions of this Chapter, the House of the People shallhave power—

(a) to make any grant in advance in respect of the

estimated expenditure for a part of any financialSupplementary,additional orexcess grants.

V otes on account,

votes of creditand exceptionalgrants.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 114—116.)57

year pending the completion of the procedure

prescribed in article 113 for the voting of such grantand the passing of the law in accordance with theprovisions of article 114 in relation to thatexpenditure;

(b) to make a grant for meeting an unexpected

demand upon the resources of India when on accountof the magnitude or the indefinite character of theservice the demand cannot be stated with the detailsordinarily given in an annual financial statement;

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 ofIndia for the purposes for which the said grants aremade.

(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 theyhave effect in relation to the making of a grant withregard to any expenditure mentioned in the annualfinancial statement and the law to be made for theauthorisation of appropriation of moneys out of theConsolidated Fund of India to meet such expenditure.

117. (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 movedexcept on the recommendation of the President and a Billmaking such provision shall not be introduced in theCouncil of States:

Provided that no recommendation shall be required

under this clause for the moving of an amendment makingprovision 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 onlythat it provides for the imposition of fines or otherpecuniary penalties, or for the demand or payment offees for licences or fees for services rendered, or by reasonthat it provides for the imposition, abolition, remission,

Special provisionsas to financial Bills.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 116-117.)58

alteration or regulation of any tax by any local authority

or body for local purposes.

(3) A Bill which, if enacted and brought into

operation, would involve expenditure from theConsolidated Fund of India shall not be passed by eitherHouse of Parliament unless the President has re-commended to that House the consideration of the Bill.

Procedure Generally

118. (1) Each House of Parliament may make rules for

regulating, subject to the provisions of this Constitution,its procedure and the conduct of its business.

(2) Until rules are made under clause (1), the rules

of procedure and standing orders in force immediatelybefore the commencement of this Constitution withrespect to the Legislature of the Dominion of India shallhave effect in relation to Parliament subject to suchmodifications and adaptations as may be made thereinby the Chairman of the Council of States or the Speakerof 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 theHouse of the People, may make rules as to the procedurewith respect to joint sittings of, and communicationsbetween, 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 personas may be determined by rules of procedure made underclause (3), shall preside.

119. Parliament may, for the purpose of the timely

completion of financial business, regulate by law theprocedure of, and the conduct of business in, each Houseof Parliament in relation to any financial matter or to anyBill for the appropriation of moneys out of theConsolidated Fund of India, and, if and so far as anyprovision of any law so made is inconsistent with anyrule made by a House of Parliament under clause (1) ofarticle 118 or with any rule or standing order havingRules ofprocedure.

Regulation by law

of procedure inParliament inrelation to financialbusiness.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 117—119.)59

effect in relation to Parliament under clause (2) of that

article, such provision shall prevail.

120. (1) Notwithstanding anything in Part XVII, but

subject to the provisions of article 348, business inParliament 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 actingas such, as the case may be, may permit any member whocannot adequately express himself in Hindi or in Englishto address the House in his mother-tongue.

(2) Unless Parliament by law otherwise provides, this

article shall, after the expiration of a period of fifteenyears from the commencement of this Constitution, haveeffect as if the words "or in English" were omittedtherefrom.

121. No discussion shall take place in Parliament

with respect to the conduct of any Judge of the SupremeCourt or of a High Court in the discharge of his dutiesexcept upon a motion for presenting an address to thePresident praying for the removal of the Judge ashereinafter provided.

122. (1) The validity of any proceedings in Parliament

shall not be called in question on the ground of anyalleged irregularity of procedure.

(2) No officer or member of Parliament in whom

powers are vested by or under this Constitution forregulating procedure or the conduct of business, or formaintaining order, in Parliament shall be subject to thejurisdiction of any court in respect of the exercise by himof those powers.

HAPTER III.—L EGISLATIVE POWERS OF THE PRESIDENT

123. (1) If at any time, except when both Houses of

Parliament are in session, the President is satisfied thatcircumstances exist which render it necessary for him totake immediate action, he may promulgate suchOrdinances as the circumstances appear to him to require.Language to beused inParliament.

Restriction on

discussion in

Parliament.

Courts not to

inquire intoproceedings ofParliament.

Power of President

to promulgateOrdinances duringrecess ofParliament.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 119—123.)60

(2) An Ordinance promulgated under this article shall

have the same force and effect as an Act of Parliament,but every such Ordinance—

(a) shall be laid before both Houses of Parliament

and shall cease to operate at the expiration of sixweeks from the reassembly of Parliament, or, if beforethe expiration of that period resolutions disapprovingit are passed by both Houses, upon the passing of thesecond 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 ofsix weeks shall be reckoned from the later of thosedates for the purposes of this clause.

(3) If and so far as an Ordinance under this article

makes any provision which Parliament would not underthis Constitution be competent to enact, it shall be void.

1* * * *

CHAPTER IV.—T HE UNION JUDICIARY

124. (1) There shall be a Supreme Court of India

consisting of a Chief Justice of India and, until Parliamentby law prescribes a larger number, of not more thanseven

2 other Judges.

(2) Every Judge of the Supreme Court shall be

appointed by the President by warrant under his handand seal after consultation with such of the Judges of theSupreme Court and of the High Courts in the States asthe President may deem necessary for the purpose andshall hold office until he attains the age of sixty-fiveyears:

Provided that in the case of appointment of a Judge

other than the Chief Justice, the Chief Justice of IndiaEstablishment andconstitution ofSupreme Court.

1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2

(retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,s. 16 (w.e.f. 20-6-1979).

2Now “twenty-five”, vide the Supreme Court (Number of Judges) Amendment Act,

1986 (22 of 1986), s. 2.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 123-124.)61

shall always be consulted:

Provided further that—

(a) a Judge may, by writing under his hand

addressed to the President, resign his office;

(b) a Judge may be removed from his office in the

manner provided in clause (4).

1[(2A) The age of a Judge of the Supreme Court shall

be determined by such authority and in such manner asParliament 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 ofIndia and—

(a) has been for at least five years a Judge of a

High Court or of two or more such Courts insuccession; or

(b) has been for at least ten years an advocate of

a High Court or of two or more such Courts insuccession; or

distinguished jurist.

Explanation I. —In this clause "High Court'' means a

High Court which exercises, or which at any time beforethe 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 anadvocate, any period during which a person has heldjudicial office not inferior to that of a district judge afterhe 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 Presidentpassed after an address by each House of Parliamentsupported by a majority of the total membership ofthat House and by a majority of not less than two-thirds of the members of that House present and

1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Art. 124.)62

voting has been presented to the President in the same

session for such removal on the ground of provedmisbehaviour or incapacity.

(5) Parliament may by law regulate the procedure for

the presentation of an address and for the investigationand proof of the misbehaviour or incapacity of a Judgeunder 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 personappointed in that behalf by him, an oath or affirmationaccording to the form set out for the purpose in the ThirdSchedule.

(7) No person who has held office as a Judge of the

Supreme Court shall plead or act in any court or beforeany authority within the territory of India.

125.

1[(1) There shall be paid to the Judges of the

Supreme Court such salaries as may be determined byParliament by law and, until provision in that behalf isso made, such salaries as are specified in the SecondSchedule.]

(2) Every Judge shall be entitled to such privileges

and allowances and to such rights in respect of leave ofabsence and pension as may from time to time bedetermined by or under law made by Parliament and,until so determined, to such privileges, allowances andrights as are specified in the Second Schedule:

Provided that neither the privileges nor the

allowances of a Judge nor his rights in respect of leaveof absence or pension shall be varied to his disadvantageafter his appointment.

126. When the office of Chief Justice of India is vacant

or when the Chief Justice is, by reason of absence orotherwise, unable to perform the duties of his office,

1Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for cl. (1) (w.e.f.

1-4-1986).Salaries, etc., of

Judges.

Appointment of

acting Chief Justice.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 124—126.)63

the duties of the office shall be performed by such one of

the other Judges of the Court as the President may appoint

for the purpose.

127. (1) If at any time there should not be a quorum

of the Judges of the Supreme Court available to hold orcontinue any session of the Court, the Chief Justice ofIndia may, with the previous consent of the Presidentand after consultation with the Chief Justice of the HighCourt 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 Courtduly qualified for appointment as a Judge of the SupremeCourt 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, toattend 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, ofa Judge of the Supreme Court.

128. Notwithstanding anything in this Chapter, the

Chief Justice of India may at any time, with the previousconsent of the President, request any person who hasheld the office of a Judge of the Supreme Court or of the

Federal Court

1[or who has held the office of a Judge of

a High Court and is duly qualified for appointment as aJudge of the Supreme Court] to sit and act as a Judge ofthe Supreme Court, and every such person so requestedshall, while so sitting and acting, be entitled to suchallowances 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 thatCourt:

Provided that nothing in this article shall be deemed

to require any such person as aforesaid to sit and act asa Judge of that Court unless he consents so to do.

1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3.Appointment of

ad hoc Judges.

Attendance of

retired Judges atsittings of theSupreme Court.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 126—128.)64

129. The Supreme Court shall be a court of record

and shall have all the powers of such a court includingthe power to punish for contempt of itself.

130. The Supreme Court shall sit in Delhi or in such

other place or places, as the Chief Justice of India may,with the approval of the President, from time to time,appoint.

131. 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 otherStates on the other; or

if and in so far as the dispute involves any question

(whether of law or fact) on which the existence or extentof a legal right depends:

1[Provided that the said jurisdiction shall not extend

to a dispute arising out of any treaty, agreement, covenant,engagement, sanad or other similar instrument which,

having been entered into or executed before thecommencement of this Constitution, continues in operationafter such commencement, or which provides that thesaid jurisdiction shall not extend to such a dispute.]

2131A. [Exclusive jurisdiction of the Supreme Court in

regard to questions as to constitutional validity of Centrallaws. ] Rep. by the Constitution (Forty-third Amendment) Act,

1977, s. 4 (w.e.f. 13-4-1978).

132. (1) An appeal shall lie to the Supreme Court

from any judgment, decree or final order of a High Courtin the territory of India, whether in a civil, criminal orSupreme Court tobe a court ofrecord.

Seat of Supreme

Court.

Original

jurisdiction of theSupreme Court.

Appellate

jurisdiction ofSupreme Court inappeals from HighCourts in certaincases.

1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso.

2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. 1-2-1977).THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 129—132.)65

other proceeding, 1[if the High Court certifies under article

134A] that the case involves a substantial question oflaw as to the interpretation of this Constitution.

2* * * *

(3) Where such a certificate is given, 3*** any party in

the case may appeal to the Supreme Court on the groundthat any such question as aforesaid has been wronglydecided

3***.

Explanation .—For the purposes of this article, the

expression “final order” includes an order deciding anissue which, if decided in favour of the appellant, wouldbe sufficient for the final disposal of the case.

133.

4[(1) An appeal shall lie to the Supreme Court

from any judgment, decree or final order in a civilproceeding of a High Court in the territory of India

5[if

the High Court certifies under article 134A—]

(a) that the case involves a substantial question of

law of general importance; and

(b) that in the opinion of the High Court the said

question needs to be decided by the Supreme Court.]

(2) Notwithstanding anything in article 132, any party

appealing to the Supreme Court under clause (1) mayurge as one of the grounds in such appeal that asubstantial question of law as to the interpretation of thisConstitution has been wrongly decided.

(3) Notwithstanding anything in this article, no

appeal shall, unless Parliament by law otherwiseprovides, lie to the Supreme Court from the judgment,decree or final order of one Judge of a High Court.Appellatejurisdiction ofSupreme Court inappeals from HighCourts in regard tocivil matters.

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for “if the High

Court certifies” (w.e.f. 1-8-1979).

2Cl. (2) omitted by s. 17, ibid. (w.e.f. 1-8-1979).

3Certain words omitted by s. 17, ibid. (w.e.f. 1-8-1979).

4Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1) (w.e.f.

27-2-1973).

5Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 18, for “if the High

Court certifies—” (w.e.f. 1-8-1979).THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 132-133.)66

134. (1) An appeal shall lie to the Supreme Court

from any judgment, final order or sentence in a criminalproceeding of a High Court in the territory of India ifthe High Court—

(a) has on appeal reversed an order of acquittal of

an accused person and sentenced him to death; or

(b) has withdrawn for trial before itself any case

from any court subordinate to its authority and hasin such trial convicted the accused person andsentenced him to death; or

(c)

1[certifies under article 134A] that the case is a

fit one for appeal to the Supreme Court:

Provided that an appeal under sub-clause ( c) shall

lie subject to such provisions as may be made in thatbehalf under clause (1) of article 145 and to suchconditions 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 appealsfrom any judgment, final order or sentence in a criminalproceeding of a High Court in the territory of Indiasubject to such conditions and limitations as may bespecified in such law.

2[134A. Every High Court, passing or making a

judgment, decree, final order, or sentence, referred to inclause (1) of article 132 or clause (1) of article 133, orclause (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 thepassing or making of such judgment, decree, finalorder or sentence,

determine, as soon as may be after such passing or

making, the question whether a certificate of the natureAppellatejurisdiction ofSupreme Court inregard to criminalmatters.

Certificate for

appeal to theSupreme Court.

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 19, for “certifies”

(w.e.f. 1-8-1979).

2Ins. by s. 20, ibid. (w.e.f. 1-8-1979).THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 134-134A.)67

referred to in clause (1) of article 132, or clause (1) of

Article 133

or, as the case may be, sub-clause ( c) of clause

(1) of article 134, may be given in respect of that case.]

135. Until Parliament by law otherwise provides, the

Supreme Court shall also have jurisdiction and powerswith respect to any matter to which the provisions ofarticle 133 or article 134 do not apply if jurisdiction andpowers in relation to that matter were exercisable by theFederal Court immediately before the commencement ofthis Constitution under any existing law.

136. (1) Notwithstanding anything in this Chapter,

the Supreme Court may, in its discretion, grant specialleave to appeal from any judgment, decree, determination,sentence or order in any cause or matter passed or madeby any court or tribunal in the territory of India.

(2) Nothing in clause (1) shall apply to any judgment,

determination, sentence or order passed or made by anycourt or tribunal constituted by or under any law relatingto the Armed Forces.

137. Subject to the provisions of any law made by

Parliament or any rules made under article 145, theSupreme Court shall have power to review any judgmentpronounced or order made by it.

138. (1) The Supreme Court shall have such further

jurisdiction and powers with respect to any of the mattersin 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 theGovernment of India and the Government of any Statemay by special agreement confer, if Parliament by lawprovides for the exercise of such jurisdiction and powersby the Supreme Court.

139. Parliament may by law confer on the Supreme

Court power to issue directions, orders or writs, includingwrits 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) ofarticle 32.Jurisdiction andpowers of theFederal Courtunder existing lawto be exercisable bythe Supreme Court.

Special leave to

appeal by theSupreme Court.

Review of

judgments ororders by theSupreme Court.

Enlargement of

the jurisdiction ofthe SupremeCourt.

Conferment on

the SupremeCourt of powersto issue certainwrits.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 134A—139.)68

1[139A. 2[(1) Where cases involving the same or

substantially the same questions of law are pendingbefore the Supreme Court and one or more High Courtsor before two or more High Courts and the SupremeCourt is satisfied on its own motion or on an applicationmade by the Attorney-General of India or by a party toany such case that such questions are substantialquestions of general importance, the Supreme Court maywithdraw the case or cases pending before the High Courtor 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 sowithdrawn together with a copy of its judgment on suchquestions to the High Court from which the case hasbeen withdrawn, and the High Court shall on receiptthereof, proceed to dispose of the case in conformitywith such judgment.]

(2) The Supreme Court may, if it deems it expedient

so to do for the ends of justice, transfer any case, appealor other proceedings pending before any High Court toany other High Court.]

140. Parliament may by law make provision for

conferring upon the Supreme Court such supplementalpowers not inconsistent with any of the provisions ofthis Constitution as may appear to be necessary ordesirable for the purpose of enabling the Court moreeffectively to exercise the jurisdiction conferred upon it byor under this Constitution.

141. The law declared by the Supreme Court shall be

binding on all courts within the territory of India.

142. (1) The Supreme Court in the exercise of its

jurisdiction may pass such decree or make such order asis necessary for doing complete justice in any cause ormatter pending before it, and any decree so passed orTransfer of certaincases.

Ancillary powers of

Supreme Court.

1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).

2Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 21, for cl. (1) (w.e.f.

1-8-1979).Law declared bySupreme Court to be

binding on all courts.

Enforcement of

decrees and ordersof Supreme Courtand orders as todiscovery, etc.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 139A—142.)69

order so made shall be enforceable throughout the

territory of India in such manner as may be prescribedby or under any law made by Parliament and, untilprovision in that behalf is so made, in such manner asthe President may by order

1 prescribe.

(2) Subject to the provisions of any law made in this

behalf by Parliament, the Supreme Court shall, as respectsthe whole of the territory of India, have all and everypower to make any order for the purpose of securing theattendance of any person, the discovery or production ofany documents, or the investigation or punishment ofany contempt of itself.

143. (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 importancethat it is expedient to obtain the opinion of the SupremeCourt upon it, he may refer the question to that Court forconsideration and the Court may, after such hearing as itthinks fit, report to the President its opinion thereon.

(2) The President may, notwithstanding anything in

2*** the proviso to article 131, refer a dispute of the kind

mentioned in the 3[said proviso] to the Supreme Court

for opinion and the Supreme Court shall, after suchhearing as it thinks fit, report to the President its opinionthereon.

144. All authorities, civil and judicial, in the territory

of India shall act in aid of the Supreme Court.

4144A. [Special provisions as to disposal of questions

relating to constitutional validity of laws. ] Rep. by the

Constitution (Forty-third Amendment ) Act, 1977, s. 5

(w.e.f. 13-4-1978).Power of Presidentto consult SupremeCourt.

Civil and judicial

authorities to act inaid of the SupremeCourt.

1See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C. O. 47).

2The words , brackets and figures “clause ( i) of” omitted by the Constitution (Seventh

Amendment) Act, 1956, s. 29 and Sch.

3Subs. by s. 29 and Sch., ibid., for “said clause”.

4Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 1-2-1977).THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 142—144 A.)70

145. (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 forregulating generally the practice and procedure of theCourt 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 includingthe time within which appeals to the Court are to beentered;

enforcement of any of the rights conferred by Part III;

1[(cc) rules as to the proceedings in the Court

under 2[article 139A];]

(d) rules as to the entertainment of appeals under

sub-clause ( c) of clause (1) of article 134;

(e) rules as to the conditions subject to which any

judgment pronounced or order made by the Courtmay be reviewed and the procedure for such reviewincluding the time within which applications to theCourt 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 becharged in respect of proceedings therein;

(g) rules as to the granting of bail;

(h) rules as to stay of proceedings;

(i) rules providing for the summary determination

of any appeal which appears to the Court to befrivolous or vexatious or brought for the purpose ofdelay;

(j) rules as to the procedure for inquiries referred

to in clause (1) of article 317.Rules of Court, etc.

1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 26 (w.e.f. 1-2-1977).

2Subs. by the Constitution (Forty-third Amendment) Act, 1977, s. 6, for “articles 131A

and 139A” (w.e.f. 13-4-1978).THE CONSTITUTION OF INDIA

(Part V. —The Union. —Art. 145.)71

(2) Subject to the 1[provisions of 2*** clause (3)], rules

made under this article may fix the minimum number of

Judges who are to sit for any purpose, and may providefor the powers of single Judges and Division Courts.

(3)

3[2*** The minimum number] of Judges who are to

sit for the purpose of deciding any case involving asubstantial 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 thanarticle 132 consists of less than five Judges and in thecourse of the hearing of the appeal the Court is satisfiedthat 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, suchCourt shall refer the question for opinion to a Courtconstituted as required by this clause for the purpose ofdeciding 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 madeunder article 143 save in accordance with an opinionalso 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 thehearing of the case, but nothing in this clause shall bedeemed to prevent a Judge who does not concur fromdelivering a dissenting judgment or opinion.

146. (1) Appointments of officers and servants of the

Supreme Court shall be made by the Chief Justice of

India or such other Judge or officer of the Court as he

may direct:

1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for “provisions

of clause (3)” (w.e.f. 1-2-1977).

2Certain words omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 6

(w.e.f. 13-4-1978).

3Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for “The minimum

number” (w.e.f. 1-2-1977).Officers and

servants and theexpenses of theSupreme Court.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 145-146.)72

Provided that the President may by rule require that

in such cases as may be specified in the rule, no personnot already attached to the Court shall be appointed toany office connected with the Court, save afterconsultation with the Union Public Service Commission.

(2) Subject to the provisions of any law made by

Parliament, the conditions of service of officers andservants of the Supreme Court shall be such as may beprescribed by rules made by the Chief Justice of India orby some other Judge or officer of the Court authorisedby the Chief Justice of India to make rules for thepurpose:

Provided that the rules made under this clause shall,

so far as they relate to salaries, allowances, leave orpensions, require the approval of the President.

(3) The administrative expenses of the Supreme Court,

including all salaries, allowances and pensionspayable to or in respect of the officers and servants ofthe Court, shall be charged upon the Consolidated Fundof India, and any fees or other moneys taken by theCourt shall form part of that Fund.

147. In this Chapter and in Chapter V of Part VI,

references to any substantial question of law as to theinterpretation of this Constitution shall be construed asincluding references to any substantial question of lawas to the interpretation of the Government of India Act,1935 (including any enactment amending orsupplementing that Act), or of any Order in Council ororder made thereunder, or of the Indian IndependenceAct, 1947, or of any order made thereunder.

HAPTER V.—C OMPTROLLER AND AUDITOR -GENERAL OF

INDIA

148. (1) There shall be a Comptroller and Auditor-

General of India who shall be appointed by the Presidentby warrant under his hand and seal and shall only beremoved from office in like manner and on the likegrounds as a Judge of the Supreme Court.Interpretation.

Comptroller and

Auditor-Generalof India.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 146—148.)73

(2) Every person appointed to be the Comptroller and

Auditor-General of India shall, before he enters uponhis office, make and subscribe before the President, orsome person appointed in that behalf by him, an oath oraffirmation according to the form set out for the purposein the Third Schedule.

(3) The salary and other conditions of service of the

Comptroller and Auditor-General shall be such as maybe determined by Parliament by law and, until they areso determined, shall be as specified in the SecondSchedule:

Provided that neither the salary of a Comptroller and

Auditor-General nor his rights in respect of leave ofabsence, pension or age of retirement shall be varied tohis disadvantage after his appointment.

(4) The Comptroller and Auditor-General shall not

be eligible for further office either under the Governmentof India or under the Government of any State after hehas ceased to hold his office.

(5) Subject to the provisions of this Constitution and

of any law made by Parliament, the conditions of serviceof persons serving in the Indian Audit and AccountsDepartment and the administrative powers of theComptroller and Auditor-General shall be such as maybe prescribed by rules made by the President afterconsultation 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 thepersons serving in that office, shall be charged upon theConsolidated Fund of India.

149. The Comptroller and Auditor-General shall

perform such duties and exercise such powers in relationto the accounts of the Union and of the States and of anyother authority or body as may be prescribed by or underany law made by Parliament and, until provision in thatbehalf is so made, shall perform such duties and exercisesuch powers in relation to the accounts of the Union and

Duties andpowers of theComptroller andAuditor-General.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 148-149.)74

of the States as were conferred on or exercisable by the

Auditor-General of India immediately before thecommencement of this Constitution in relation to theaccounts of the Dominion of India and of the Provincesrespectively.

1[150. The accounts of the Union and of the States

shall be kept in such form as the President may, 2[on the

advice of] the Comptroller and Auditor-General of India,prescribe.]

151. (1) The reports of the Comptroller and Auditor-

General of India relating to the accounts of the Unionshall be submitted to the President, who shall cause themto be laid before each House of Parliament.

(2) The reports of the Comptroller and Auditor-

General of India relating to the accounts of a State shallbe submitted to the Governor

3*** of the State, who shall

cause them to be laid before the Legislature of the State.

1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 27, for art. 150

(w.e.f. 1-4-1977).

2Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 22, for “after

consultation with” (w.e.f. 20-6-1979).

3The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.Form of accounts

of the Union andof the States.

Audit reports.THE CONSTITUTION OF INDIA

(Part V. —The Union. —Arts. 149—151.)75

PART VI

THE STATES 1***

CHAPTER I.—G ENERAL

152. In this Part, unless the context otherwise requires,

the expression “State” 2[does not include the State of

Jammu and Kashmir].

CHAPTER II.—T HE EXECUTIVE

The Governor

153. There shall be a Governor for each State:

3[Provided that nothing in this article shall prevent

the appointment of the same person as Governor for twoor more States.]

154. (1) The executive power of the State shall be

vested in the Governor and shall be exercised by himeither directly or through officers subordinate to him inaccordance 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 otherauthority; or

(b) prevent Parliament or the Legislature of the

State from conferring by law functions on anyauthority subordinate to the Governor.

155. The Governor of a State shall be appointed by

the President by warrant under his hand and seal.

156. (1) The Governor shall hold office during the

pleasure of the President.Definition.

76Governors ofStates.

Executive power

of State.

Appointment of

Governor.

Term of office of

Governor.

1The words “IN PART A OF THE FIRST SCHEDULE” omitted by the Constitution

(Seventh Amendment) Act, 1956, s. 29 and Sch.

2Subs. by s. 29 and Sch., ibid., for “means a State specified in Part A of the First

Schedule”.

3Added by s. 6, ibid .

(2) The Governor may, by writing under his hand

addressed to the President, resign his office.

(3) Subject to the foregoing provisions of this article,

a Governor shall hold office for a term of five years fromthe date on which he enters upon his office:

Provided that a Governor shall, notwithstanding the

expiration of his term, continue to hold office until hissuccessor enters upon his office.

157. No person shall be eligible for appointment as

Governor unless he is a citizen of India and hascompleted the age of thirty-five years.

158. (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 memberof 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 Houseon 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 bealso entitled to such emoluments, allowances and

privileges as may be determined by Parliament by law

and, until provision in that behalf is so made, suchemoluments, allowances and privileges as are specified

in the Second Schedule.

1[(3A) Where the same person is appointed as

Governor of two or more States, the emoluments and

allowances payable to the Governor shall be allocated

among the States in such proportion as the Presidentmay by order determine.]

(4) The emoluments and allowances of the Governor

shall not be diminished during his term of office.

159. 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 seniormostQualifications for

appointment asGovernor.

Conditions of

Governor's office.

Oath or affirmation

by the Governor.

1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 7.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 156—159.)77

Judge of that Court available, an oath or affirmation in

the following form, that is to say—

“I, A. B., do swear in the name of God that I will faithfully

execute the office of Governor (or discharge the functions

of the Governor) of .............( name of the State ) and will to

the best of my ability preserve, protect and defend the

Constitution and the law and that I will devote myself to

the service and well-being of the people of ..………( name

of the State ).”

160. 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. 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. Subject to the provisions of this Constitution, the

executive power of a State shall extend to the matters

with respect to which the Legislature of the State has

power to make laws:

Provided that in any matter with respect to which

the Legislature of a State and Parliament have power to

make laws, the executive power of the State shall be

subject to, and limited by, the executive power expressly

conferred by this Constitution or by any law made by

Parliament upon the Union or authorities thereof.

Council of Ministers

163. (1) There shall be a Council of Ministers with the

Chief Minister at the head to aid and advise the Governor

in the exercise of his functions, except in so far as he is

by or under this Constitution required to exercise his

functions or any of them in his discretion.

(2) If any question arises whether any matter is or is

not a matter as respects which the Governor is by or

under this Constitution required to act in his discretion,

the decision of the Governor in his discretion shall be

final, and the validity of anything done by the Governor

shall not be called in question on the ground that he

ought or ought not to have acted in his discretion.solemnly affirm

Discharge of the

functions of theGovernor in certaincontingencies.

Power of Governor

to grant pardons,etc., and tosuspend, remit orcommute sentencesin certain cases.

Extent of executive

power of State.

Council of

Ministers to aidand adviseGovernor.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 159—163.)78

(3) The question whether any, and if so what, advice

was tendered by Ministers to the Governor shall not be

inquired into in any court.

164. (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 theGovernor:

Provided that in the States of

1[Chhattisgarh,

Jharkhand], Madhya Pradesh and Orissa, there shall bea Minister in charge of tribal welfare who may in additionbe in charge of the welfare of the Scheduled Castes andbackward classes or any other work.

2[(1A) The total number of Ministers, including the

Chief Minister, in the Council of Ministers in a State shallnot exceed fifteen per cent. of the total number of

members of the Legislative Assembly of that State:

Provided that the number of Ministers, including the

Chief Minister in a State shall not be less than twelve:

Provided further that where the total number of

Ministers including the Chief Minister in the Council of

Ministers in any State at the commencement of the

Constitution (Ninety-first Amendment) Act, 2003 exceedsthe said fifteen per cent. or the number specified in thefirst proviso, as the case may be, then the total number ofMinisters in that State shall be brought in conformitywith the provisions of this clause within six months from

such date* as the President may by public notification

appoint.

(1B) A member of the Legislative Assembly of a State

or either House of the Legislature of a State havingLegislative Council belonging to any political party whois disqualified for being a member of that House underparagraph 2 of the Tenth Schedule shall also be

disqualified to be appointed as a Minister under clause

(1) for duration of the period commencing from the dateof his disqualification till the date on which the term ofhis office as such member would expire or where hecontests any election to the Legislative Assembly of aState or either House of the Legislature of a State having

Legislative Council, as the case may be, before the expiry

of such period, till the date on which he is declared

elected, whichever is earlier.]Other provisions

as to Ministers.

1Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for “Bihar”.

2Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3.

*7-1-2004, vide S.O. 21(E), dated 7-1-2004.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 163-164.)79

(2) The Council of Ministers shall be collectively

responsible to the Legislative Assembly of the State.

(3) Before a Minister enters upon his office, the

Governor shall administer to him the oaths of office andof secrecy according to the forms set out for the purposein the Third Schedule.

(4) A Minister who for any period of six consecutive

months is not a member of the Legislature of the Stateshall 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 timeby law determine and, until the Legislature of the Stateso determines, shall be as specified in the SecondSchedule.

The Advocate-General for the State

165. (1) The Governor of each State shall appoint a

person who is qualified to be appointed a Judge of aHigh 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 suchlegal matters, and to perform such other duties of a legalcharacter, as may from time to time be referred orassigned to him by the Governor, and to discharge thefunctions conferred on him by or under this Constitutionor 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 suchremuneration as the Governor may determine.

Conduct of Government Business

166. (1) All executive action of the Government of a

State shall be expressed to be taken in the name of theGovernor.

(2) Orders and other instruments made and executed

in the name of the Governor shall be authenticated insuch manner as may be specified in rules to be made bythe Governor, and the validity of an order or instrumentwhich is so authenticated shall not be called in questionon the ground that it is not an order or instrument madeor executed by the Governor.Advocate-Generalfor the State.

Conduct of

business of theGovernment of aState.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 164—166.)80

(3) The Governor shall make rules for the more

convenient transaction of the business of the Government

of the State, and for the allocation among Ministers of

the said business in so far as it is not business with

respect to which the Governor is by or under thisConstitution required to act in his discretion.

1* * * * *

167. 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 andproposals for legislation as the Governor may call

for; and

consideration of the Council of Ministers any matter

on which a decision has been taken by a Ministerbut which has not been considered by the Council.

HAPTER III.—T HE STATE LEGISLATURE

General

168. (1) For every State there shall be a Legislature

which shall consist of the Governor, and—

(a) in the States of 2[Andhra Pradesh,] Bihar, 3***

4[Madhya Pradesh], 5*** 6[Maharashtra], 7[Karnataka], 8***

9[and Uttar Pradesh], two Houses;

(b) in other States, one House.Duties of Chief

Minister asrespects thefurnishing ofinformation toGovernor, etc.

Constitution of

Legislatures inStates.

1Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 28 (w.e.f.

3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23(w.e.f. 20-6-1979).

2Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006), s. 3 (w.e.f.

30-3-2007).

3The word “Bombay” omitted by the Bombay Reorganisation Act, 1960 (11 of 1960),

s. 20 (w.e.f. 1-5-1960).

4No date has been appointed under s. 8(2) of the Constitution (Seventh Amendment)

Act, 1956, for the insertion of the words “Madhya Pradesh” in this sub-clause.

5The words “Tamil Nadu,” omitted by Tamil Nadu Legislative Council (Abolition) Act,

1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986).

6Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960).

7Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for

“Mysore” (w.e.f 1-1 1-1973), which was inserted by the Constitution (Seventh Amendment)

Act, 1956, s. 8(1).

8The word “Punjab,” omitted by the Punjab Legislative Council (Abolition) Act, 1969

(46 of 1969), s. 4 (w.e.f. 7-1-1970).

9Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of 1969), s. 4, for

“Uttar Pradesh and West Bengal“ (w.e.f. 1-8-1969).THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 166—168.)81

(2) Where there are two Houses of the Legislature of

a State, one shall be known as the Legislative Council

and the other as the Legislative Assembly, and wherethere is only one House, it shall be known as theLegislative Assembly.

169. (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 nosuch Council, if the Legislative Assembly of the Statepasses a resolution to that effect by a majority of the totalmembership of the Assembly and by a majority of notless 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 Constitutionas may be necessary to give effect to the provisions ofthe 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 ofarticle 368.

1[170. (1) Subject to the provisions of article 333, the

Legislative Assembly of each State shall consist of notmore 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 mannerthat the ratio between the population of each constituencyand the number of seats allotted to it shall, so far aspracticable, be the same throughout the State.

2[Explanation. —In this clause, the expression

“population” means the population as ascertained at thelast preceding census of which the relevant figures have

been published:Abolition or

creation ofLegislativeCouncils inStates.

1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9, for art. 170.

2Subs. by the Constitution (Forty-second Amendment) Act, 1976 , s. 29, for the Explanation

(w.e.f. 3-1-1977).Composition of

the LegislativeAssemblies.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 168—170.)82

Provided that the reference in this Explanation to the

last preceding census of which the relevant figures have

been published shall, until the relevant figures for the

first census taken after the year 1[2026] have been

published, be construed as a reference to the 2[2001]

census.]

(3) Upon the completion of each census, the total

number of seats in the Legislative Assembly of each State

and the division of each State into territorial

constituencies shall be readjusted by such authority and

in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect

representation in the Legislative Assembly until the

dissolution of the then existing Assembly:]

3[Provided further that such readjustment shall take

effect from such date as the President may, by order,

specify and until such readjustment takes effect, any

election to the Legislative Assembly may be held on the

basis of the territorial constituencies existing before such

readjustment:

Provided also that until the relevant figures for the

first census taken after the year 1[2026] have been

published, it shall not be necessary to 4[readjust—

(i) the total number of seats in the Legislative

Assembly of each State as readjusted on the basis of

the 1971 census; and

(ii) the division of such State into territorial

constituencies as may be readjusted on the basis of

the 2[2001] census,

under this clause.]

171. (1) The total number of members in the

Legislative Council of a State having such a Council

shall not exceed 5[one-third] of the total number of

members in the Legislative Assembly of that State:

Provided that the total number of members in the

Legislative Council of a State shall in no case be less

than forty.

1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for “2000” and

“1971” respectively.

2Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for “1991”.

3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 29 (w.e.f.

3-1-1977).

4Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for certain words.

5Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for “one-fourth”.Composition ofthe LegislativeCouncils.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 170-171.)83

(2) Until Parliament by law otherwise provides, the

composition of the Legislative Council of a State shall be

as provided in clause (3).

(3) Of the total number of members of the Legislative

Council of a State—

(a) as nearly as may be, one-third shall be elected

by electorates consisting of members ofmunicipalities, district boards and such other localauthorities in the State as Parliament may by lawspecify;

(b) as nearly as may be, one-twelfth shall be elected

by electorates consisting of persons residing in theState who have been for at least three years graduatesof any university in the territory of India or havebeen for at least three years in possession ofqualifications prescribed by or under any law madeby Parliament as equivalent to that of a graduate ofany such university;

by electorates consisting of persons who have beenfor at least three years engaged in teaching in sucheducational institutions within the State, not lowerin standard than that of a secondary school, as maybe prescribed by or under any law made byParliament;

(d) as nearly as may be, one-third shall be elected

by the members of the Legislative Assembly of theState from amongst persons who are not members ofthe Assembly;

(e) the remainder shall be nominated by the

Governor in accordance with the provisions ofclause (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 lawmade by Parliament, and the elections under the saidsub-clauses and under sub-clause ( d) of the said clause

shall be held in accordance with the system ofproportional representation by means of the singletransferable vote.

(5) The members to be nominated by the Governor

under sub-clause ( e) of clause (3) shall consist of personsTHE CONSTITUTION OF INDIA

(Part VI. —The States. —Art. 171.)84

having special knowledge or practical experience in

respect of such matters as the following, namely:—

Literature, science, art, co-operative movement and

social service.

172. (1) Every Legislative Assembly of every State,

unless sooner dissolved, shall continue for 1[five years]

from the date appointed for its first meeting and no longerand the expiration of the said period of

1[five years] shall

operate as a dissolution of the Assembly:

Provided that the said period may, while a

Proclamation of Emergency is in operation, be extendedby Parliament by law for a period not exceeding one yearat a time and not extending in any case beyond a periodof six months after the Proclamation has ceased to operate.

(2) The Legislative Council of a State shall not be

subject to dissolution, but as nearly as possible one-thirdof the members thereof shall retire as soon as may be onthe expiration of every second year in accordance withthe provisions made in that behalf by Parliament by law.

173. A person shall not be qualified to be chosen to

fill a seat in the Legislature of a State unless he—

2[(a) is a citizen of India, and makes and subscribes

before some person authorised in that behalf by theElection Commission an oath or affirmationaccording to the form set out for the purpose in theThird 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, notless than thirty years of age; and

prescribed in that behalf by or under any law madeby Parliament.Duration of StateLegislatures.

Qualification for

membership of theState Legislature.

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 24, for “six years”

(w.e.f. 6-9-1979). The words “six years” were subs. for the original words “five years” by theConstitution (Forty-second Amendment) Act, 1976, s. 30 (w.e.f. 3-1-1977).

2Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4, for cl. ( a).THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 171—173.)85

1[174. (1) The Governor shall from time to time

summon the House or each House of the Legislature of

the State to meet at such time and place as he thinks fit,but six months shall not intervene between its last sittingin one session and the date appointed for its first sittingin the next session.

(2) The Governor may from time to time—

(a) prorogue the House or either House;

(b) dissolve the Legislative Assembly.]

175. (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 purposerequire the attendance of members.

(2) The Governor may send messages to the House or

Houses of the Legislature of the State, whether withrespect to a Bill then pending in the Legislature or

otherwise, and a House to which any message is so sent

shall with all convenient despatch consider any matterrequired by the message to be taken into consideration.

176. (1) At the commencement of

2[the first session

after each general election to the Legislative Assemblyand at the commencement of the first session of eachyear], the Governor shall address the Legislative

Assembly or, in the case of a State having a Legislative

Council, both Houses assembled together and inform theLegislature of the causes of its summons.

(2) Provision shall be made by the rules regulating

the procedure of the House or either House for theallotment of time for discussion of the matters referredto in such address

3***.

177. 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 LegislativeSessions of the

State Legislature,prorogation anddissolution.

Right of Governor

to address andsend messages tothe House orHouses.

Special address

by the Governor.

1Subs. by the Constitution (First Amendment) Act, 1951, s. 8, for art. 174.

2Subs. by s. 9, ibid. for “every session”.

3The words “and for the precedence of such discussion over other business of the House”

omitted by s. 9, ibid.Rights of Ministers

and Advocate-General as respectsthe Houses.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 174—177.)86

Council, both Houses, and to speak in, and otherwise to

take part in the proceedings of, any committee of theLegislature of which he may be named a member, butshall not, by virtue of this article, be entitled to vote.

Officers of the State Legislature

178. Every Legislative Assembly of a State shall, as

soon as may be, choose two members of the Assemblyto be respectively Speaker and Deputy Speaker thereofand, so often as the office of Speaker or Deputy Speakerbecomes vacant, the Assembly shall choose anothermember to be Speaker or Deputy Speaker, as the casemay be.

179. 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 theDeputy Speaker, and if such member is the DeputySpeaker, to the Speaker, resign his office; and

of the Assembly passed by a majority of all the thenmembers of the Assembly:

Provided that no resolution for the purpose of clause ( c)

shall be moved unless at least fourteen days' notice hasbeen given of the intention to move the resolution:

Provided further that, whenever the Assembly is

dissolved, the Speaker shall not vacate his office untilimmediately before the first meeting of the Assembly afterthe dissolution.

180. (1) While the office of Speaker is vacant, the

duties of the office shall be performed by the DeputySpeaker or, if the office of Deputy Speaker is also vacant,by such member of the Assembly as the Governor mayappoint for the purpose.The Speaker andDeputy Speakerof the LegislativeAssembly.

Vacation and

resignation of,and removalfrom, the officesof Speaker andDeputy Speaker.

Power of the

Deputy Speakeror other person toperform theduties of theoffice of, or toact as, Speaker.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 177—180.)87

(2) During the absence of the Speaker from any

sitting of the Assembly the Deputy Speaker or, if he isalso absent, such person as may be determined by therules of procedure of the Assembly, or, if no such personis present, such other person as may be determined bythe Assembly, shall act as Speaker.

181. (1) At any sitting of the Legislative Assembly,

while any resolution for the removal of the Speaker fromhis office is under consideration, the Speaker, or whileany 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 provisionsof clause (2) of article 180 shall apply in relation to everysuch sitting as they apply in relation to a sitting fromwhich the Speaker or, as the case may be, the DeputySpeaker, is absent.

(2) The Speaker shall have the right to speak in, and

otherwise to take part in the proceedings of, theLegislative Assembly while any resolution for his removalfrom office is under consideration in the Assembly andshall, notwithstanding anything in article 189, be entitledto vote only in the first instance on such resolution or onany other matter during such proceedings but not in thecase of an equality of votes.

182. The Legislative Council of every State having

such Council shall, as soon as may be, choose twomembers of the Council to be respectively Chairman andDeputy Chairman thereof and, so often as the office ofChairman or Deputy Chairman becomes vacant, theCouncil shall choose another member to be Chairman orDeputy Chairman, as the case may be.

183. 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 theThe Speaker orthe DeputySpeaker not topreside while aresolution for hisremoval fromoffice is underconsideration.

The Chairman and

Deputy Chairmanof the LegislativeCouncil.

Vacation and

resignation of, andremoval from, theoffices of Chairmanand DeputyChairman.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 180—183.)88

Deputy Chairman, and if such member is the Deputy

Chairman, to the Chairman, resign his office; and

of the Council passed by a majority of all the thenmembers of the Council:

Provided that no resolution for the purpose of clause ( c)

shall be moved unless at least fourteen days' notice hasbeen given of the intention to move the resolution.

184. (1) While the office of Chairman is vacant, the

duties of the office shall be performed by the DeputyChairman or, if the office of Deputy Chairman is alsovacant, by such member of the Council as the Governormay appoint for the purpose.

(2) During the absence of the Chairman from any

sitting of the Council the Deputy Chairman or, if he isalso absent, such person as may be determined by therules of procedure of the Council, or, if no such personis present, such other person as may be determined bythe Council, shall act as Chairman.

185. (1) At any sitting of the Legislative Council,

while any resolution for the removal of the Chairmanfrom his office is under consideration, the Chairman, orwhile any resolution for the removal of the DeputyChairman from his office is under consideration, theDeputy Chairman, shall not, though he is present,preside, and the provisions of clause (2) of article 184shall apply in relation to every such sitting as they applyin relation to a sitting from which the Chairman or, asthe 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, theLegislative Council while any resolution for his removalfrom office is under consideration in the Council andshall, notwithstanding anything in article 189, be entitledto vote only in the first instance on such resolution or onany other matter during such proceedings but not in thecase of an equality of votes.Power of theDeputy Chairmanor other person toperform the dutiesof the office of, orto act as,Chairman.

The Chairman or

the DeputyChairman not topreside while aresolution for hisremoval from officeis underconsideration.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 183—185.)89

186. There shall be paid to the Speaker and the Deputy

Speaker of the Legislative Assembly, and to the Chairmanand the Deputy Chairman of the Legislative Council,such salaries and allowances as may be respectively fixedby the Legislature of the State by law and, until provisionin that behalf is so made, such salaries and allowancesas are specified in the Second Schedule.

187. (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 commonto both Houses of such Legislature.

(2) The Legislature of a State may by law regulate the

recruitment, and the conditions of service of personsappointed, to the secretarial staff of the House or Housesof the Legislature of the State.

(3) Until provision is made by the Legislature of the

State under clause (2), the Governor may, afterconsultation with the Speaker of the Legislative Assemblyor the Chairman of the Legislative Council, as the casemay be, make rules regulating the recruitment, and theconditions of service of persons appointed, to thesecretarial staff of the Assembly or the Council, and anyrules so made shall have effect subject to the provisionsof any law made under the said clause.

Conduct of Business

188. 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 personappointed in that behalf by him, an oath or affirmationaccording to the form set out for the purpose in the ThirdSchedule.

189. (1) Save as otherwise provided in this

Constitution, all questions at any sitting of a House ofthe Legislature of a State shall be determined by amajority of votes of the members present and voting,other than the Speaker or Chairman, or person acting assuch.Salaries andallowances of theSpeaker andDeputy Speakerand the Chairmanand DeputyChairman.

Secretariat of

State Legislature.

Oath or affirmation

by members.

Voting in Houses,

power of Housesto actnotwithstandingvacancies andquorum.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 186—189.)90

The Speaker or Chairman, or person acting as such,

shall not vote in the first instance, but shall have andexercise 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 theLegislature of a State shall be valid notwithstanding thatit is discovered subsequently that some person who wasnot entitled so to do sat or voted or otherwise took partin 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 orto suspend the meeting until there is a quorum.

Disqualifications of Members

190. (1) No person shall be a member of both Houses

of the Legislature of a State and provision shall be madeby 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 andif a person is chosen a member of the Legislatures oftwo or more such States, then, at the expiration of such

period as may be specified in rules

1 made by the

President, that person's seat in the Legislatures of allsuch States shall become vacant, unless he has previouslyresigned his seat in the Legislatures of all but one of theStates.

(3) If a member of a House of the Legislature of a

State—

1See the Prohibition of Simultaneous Membership Rules, 1950 published with the Ministry

of Law Notification No. F. 46/50-C, dated the 26th January, 1950, Gazette of India,Extraordinary, p. 678.Vacation of seats.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 189—190.)91

(a) becomes subject to any of the disqualifications

mentioned in 1[clause (1) or clause (2) of article 191];

2[(b) resigns his seat by writing under his hand

addressed to the speaker or the Chairman, as thecase may be, and his resignation is accepted by theSpeaker or the Chairman, as the case may be,]

his seat shall thereupon become vacant:

3[Provided that in the case of any resignation referred

to in sub-clause (b), if from information received orotherwise and after making such inquiry as he thinks fit,the Speaker or the Chairman, as the case may be, issatisfied 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 theHouse absent from all meetings thereof, the House maydeclare his seat vacant:

Provided that in computing the said period of sixty

days no account shall be taken of any period duringwhich the House is prorogued or is adjourned for morethan four consecutive days.

191. (1) A person shall be disqualified for being

chosen as, and for being, a member of the LegislativeAssembly or Legislative Council of a State—

(a) if he holds any office of profit under the

Government of India or the Government of any Statespecified in the First Schedule, other than an officedeclared by the Legislature of the State by law not todisqualify its holder;

(b) if he is of unsound mind and stands so

declared by a competent court;

1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 4, for “clause (1) of

article 191” (w.e.f. 1-3-1985).

2Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3, for sub-clause ( b).

3Ins. by s. 3, ibid.Disqualifications

for membership.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 190-191.)92

(d) if he is not a citizen of India, or has voluntarily

acquired the citizenship of a foreign State, or is underany acknowledgment of allegiance or adherence to aforeign State;

(e) if he is so disqualified by or under any law

made by Parliament.

1[Explanation .—For the purposes of this clause], a

person shall not be deemed to hold an office of profitunder the Government of India or the Government ofany State specified in the First Schedule by reasononly that he is a Minister either for the Union or for suchState.

2[(2) A person shall be disqualified for being a member

of the Legislative Assembly or Legislative Council of aState if he is so disqualified under the Tenth Schedule.]

3[192. (1) If any question arises as to whether a

member of a House of the Legislature of a State hasbecome subject to any of the disqualifications mentionedin clause (1) of article 191, the question shall be referredfor the decision of the Governor and his decision shallbe final.

(2) Before giving any decision on any such question,

the Governor shall obtain the opinion of the ElectionCommission and shall act according to such opinion.]

193. If a person sits or votes as a member of the

Legislative Assembly or the Legislative Council of a Statebefore he has complied with the requirements of article188, or when he knows that he is not qualified or that heis disqualified for membership thereof, or that he isprohibited from so doing by the provisions of any lawmade by Parliament or the Legislature of the State, he

1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for “(2) For the

purposes of this article” (w.e.f. 1-3-1985).

2Ins. by s. 5, ibid. (w.e.f. 1-3-1985).

3Art. 192 has been successively subs. by the Constitution (Forty-second Amendment)

Act, 1976, s. 33 (w.e.f. 3-1-1977) and the Constitution (Forty-fourth Amendment) Act, 1978,s. 25 to read as above (w.e.f. 20-6-1979).Decision on

questions as todisqualificationsof members.

Penalty for sitting

and voting beforemaking oath oraffirmation underarticle 188 or whennot qualified orwhen disqualified.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 191—193.)93

shall be liable in respect of each day on which he so sits

or votes to a penalty of five hundred rupees to berecovered as a debt due to the State.

Powers, Privileges and Immunities of State Legislatures and

their Members

194. (1) Subject to the provisions of this Constitution

and to the rules and standing orders regulating theprocedure of the Legislature, there shall be freedom ofspeech 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 ofanything said or any vote given by him in the Legislatureor any committee thereof, and no person shall be so liablein respect of the publication by or under the authority ofa House of such a Legislature of any report, paper, votesor proceedings.

(3) In other respects, the powers, privileges and

immunities of a House of the Legislature of a State, andof the members and the committees of a House of suchLegislature, shall be such as may from time to time bedefined by the Legislature by law, and, until so defined,

1[shall be those of that House and of its members and

committees immediately before the coming into force ofsection 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 thisConstitution have the right to speak in, and otherwise totake part in the proceedings of, a House of the Legislatureof a State or any committee thereof as they apply inrelation to members of that Legislature.

195. Members of the Legislative Assembly and the

Legislative Council of a State shall be entitled to receivesuch salaries and allowances as may from time to time bedetermined, by the Legislature of the State by law and,Powers, privileges,etc., of the Housesof Legislatures andof the membersand committeesthereof.

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 26, for certain words

(w.e.f. 20-6-1979).Salaries and

allowances ofmembers.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 193—195.)94

until provision in that respect is so made, salaries and

allowances at such rates and upon such conditions aswere immediately before the commencement of thisConstitution applicable in the case of members of theLegislative Assembly of the corresponding Province.

Legislative Procedure

196. (1) Subject to the provisions of articles 198 and

207 with respect to Money Bills and other financial Bills,a Bill may originate in either House of the Legislature ofa State which has a Legislative Council.

(2) Subject to the provisions of articles 197 and 198,

a Bill shall not be deemed to have been passed by theHouses of the Legislature of a State having a LegislativeCouncil unless it has been agreed to by both Houses,either without amendment or with such amendmentsonly 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 orHouses thereof.

(4) A Bill pending in the Legislative Council of a

State which has not been passed by the LegislativeAssembly shall not lapse on a dissolution of theAssembly.

(5) A Bill which is pending in the Legislative

Assembly of a State, or which having been passed bythe Legislative Assembly is pending in the LegislativeCouncil, shall lapse on a dissolution of the Assembly.

197. (1) If after a Bill has been passed by the

Legislative Assembly of a State having a LegislativeCouncil 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 withoutthe Bill being passed by it; or

amendments to which the Legislative Assembly doesnot agree;Provisions as tointroduction andpassing of Bills.

Restriction on

powers ofLegislative Councilas to Bills otherthan Money Bills.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 195—197.)95

the Legislative Assembly may, subject to the rules

regulating its procedure, pass the Bill again in the sameor in any subsequent session with or without suchamendments, if any, as have been made, suggested oragreed to by the Legislative Council and then transmitthe 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 theLegislative 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 theBill being passed by it; or

amendments to which the Legislative Assembly doesnot agree;

the Bill shall be deemed to have been passed by the

Houses of the Legislature of the State in the form inwhich it was passed by the Legislative Assembly for thesecond time with such amendments, if any, as have beenmade or suggested by the Legislative Council and agreedto by the Legislative Assembly.

(3) Nothing in this article shall apply to a Money

Bill.

198. (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 LegislativeCouncil, it shall be transmitted to the Legislative Councilfor its recommendations, and the Legislative Council shallwithin a period of fourteen days from the date of itsreceipt of the Bill return the Bill to the LegislativeAssembly with its recommendations, and the LegislativeAssembly may thereupon either accept or reject all orany of the recommendations of the Legislative Council.

(3) If the Legislative Assembly accepts any of the

recommendations of the Legislative Council, the Money

Special procedurein respect ofMoney Bills.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 197—198.)96

Bill shall be deemed to have been passed by both Houses

with the amendments recommended by the LegislativeCouncil and accepted by the Legislative Assembly.

(4) If the Legislative Assembly does not accept any

of the recommendations of the Legislative Council, theMoney Bill shall be deemed to have been passed by bothHouses in the form in which it was passed by theLegislative Assembly without any of the amendmentsrecommended by the Legislative Council.

(5) If a Money Bill passed by the Legislative Assembly

and transmitted to the Legislative Council for itsrecommendations is not returned to the LegislativeAssembly within the said period of fourteen days, it shallbe deemed to have been passed by both Houses at theexpiration of the said period in the form in which it waspassed by the Legislative Assembly.

199. (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 followingmatters, 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 theamendment of the law with respect to any financialobligations undertaken or to be undertaken by theState;

Contingency Fund of the State, the payment ofmoneys into or the withdrawal of moneys from anysuch 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 ofthe State, or the increasing of the amount of anysuch expenditure;Definition of“Money Bills”.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 198-199.)97

(f) the receipt of money on account of the

Consolidated Fund of the State or the public accountof 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

(3) If any question arises whether a Bill introduced in

the Legislature of a State which has a Legislative Councilis a Money Bill or not, the decision of the Speaker of theLegislative 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 article198, and when it is presented to the Governor for assentunder article 200, the certificate of the Speaker of theLegislative Assembly signed by him that it is a MoneyBill.

200. When a Bill has been passed by the Legislative

Assembly of a State or, in the case of a State having aLegislative Council, has been passed by both Houses ofthe Legislature of the State, it shall be presented to theGovernor and the Governor shall declare either that heassents to the Bill or that he withholds assent therefromor that he reserves the Bill for the consideration of thePresident:

Provided that the Governor may, as soon as possible

after the presentation to him of the Bill for assent, return theBill if it is not a Money Bill together with a messagerequesting that the House or Houses will reconsider theBill or any specified provisions thereof and, in particular,will consider the desirability of introducing any suchamendments as he may recommend in his message and,

Assent to Bills.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 199-200.)98

when a Bill is so returned, the House or Houses shall

reconsider the Bill accordingly, and if the Bill is passedagain by the House or Houses with or withoutamendment 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, ifit became law, so derogate from the powers of the HighCourt as to endanger the position which that Court is bythis Constitution designed to fill.

201. When a Bill is reserved by a Governor for the

consideration of the President, the President shall declareeither that he assents to the Bill or that he withholdsassent therefrom:

Provided that, where the Bill is not a Money Bill, the

President may direct the Governor to return the Bill to theHouse or, as the case may be, the Houses of theLegislature of the State together with such a message asis mentioned in the first proviso to article 200 and, whena Bill is so returned, the House or Houses shall reconsiderit accordingly within a period of six months from thedate of receipt of such message and, if it is again passedby the House or Houses with or without amendment, itshall be presented again to the President for hisconsideration.

Procedure in Financial Matters

202. (1) The Governor shall in respect of every

financial year cause to be laid before the House or Housesof the Legislature of the State a statement of the estimatedreceipts and expenditure of the State for that year, in thisPart 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 expenditurecharged upon the Consolidated Fund of the State;andBills reserved forconsideration.

Annual financial

statement.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 200—202.)99

(b) the sums required to meet other expenditure

proposed to be made from the Consolidated Fund of

the State;

and shall distinguish expenditure on revenue account

from other expenditure.

(3) The following expenditure shall be expenditure

charged on the Consolidated Fund of each State—

(a) the emoluments and allowances of the

Governor and other expenditure relating to his office;

(b) the salaries and allowances of the Speaker and

the Deputy Speaker of the Legislative Assembly and,

in the case of a State having a Legislative Council,

also of the Chairman and the Deputy Chairman of

the Legislative Council;

including interest, sinking fund charges and

redemption charges, and other expenditure relating

to the raising of loans and the service and redemption

of debt;

(d) expenditure in respect of the salaries and

allowances of Judges of any High Court;

(e) any sums required to satisfy any judgment,

decree or award of any court or arbitral tribunal;

(f) any other expenditure declared by this

Constitution, or by the Legislature of the State by

law, to be so charged.

203. (1) So much of the estimates as relates to

expenditure charged upon the Consolidated Fund of a

State shall not be submitted to the vote of the Legislative

Assembly, but nothing in this clause shall be construed

as preventing the discussion in the Legislature of any of

those estimates.

(2) So much of the said estimates as relates to other

expenditure shall be submitted in the form of demands

for grants to the Legislative Assembly, and the Legislative

Assembly shall have power to assent, or to refuse to

assent, to any demand, or to assent to any demand subject

to a reduction of the amount specified therein.Procedure in

Legislature withrespect toestimates.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 202-203.)100

(3) No demand for a grant shall be made except on

the recommendation of the Governor.

204. (1) As soon as may be after the grants under

Article 203

have been made by the Assembly, there shallbe introduced a Bill to provide for the appropriation outof the Consolidated Fund of the State of all moneysrequired 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 theamount shown in the statement previously laidbefore 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 varyingthe amount of any expenditure charged on theConsolidated Fund of the State, and the decision of theperson presiding as to whether an amendment isinadmissible under this clause shall be final.

(3) Subject to the provisions of articles 205 and 206,

no money shall be withdrawn from the ConsolidatedFund of the State except under appropriation made by

law passed in accordance with the provisions of this

article.

205. (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 thepurposes of that year or when a need has arisenduring the current financial year for supplementaryor additional expenditure upon some new servicenot contemplated in the annual financial statement

for that year, orAppropriation Bills.

Supplementary,

additional orexcess grants.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 203—205.)101

(b) if any money has been spent on any service

during a financial year in excess of the amountgranted 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 theestimated amount of that expenditure or cause to bepresented to the Legislative Assembly of the State ademand 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 andexpenditure or demand and also to any law to be madeauthorising the appropriation of moneys out of theConsolidated Fund of the State to meet such expenditureor the grant in respect of such demand as they have effectin relation to the annual financial statement and theexpenditure mentioned therein or to a demand for a grantand the law to be made for the authorisation ofappropriation of moneys out of the Consolidated Fund ofthe State to meet such expenditure or grant.

206. (1) Notwithstanding anything in the foregoing

provisions of this Chapter, the Legislative Assembly of aState shall have power—

(a) to make any grant in advance in respect of the

estimated expenditure for a part of any financial yearpending the completion of the procedure prescribedin article 203 for the voting of such grant and thepassing of the law in accordance with the provisionsof article 204 in relation to that expenditure;

(b) to make a grant for meeting an unexpected

demand upon the resources of the State when onaccount of the magnitude or the indefinite characterof the service the demand cannot be stated with thedetails ordinarily given in an annual financialstatement;

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 theVotes on account,votes of credit andexceptional grants.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 205-206.)102

Consolidated Fund of the State for the purposes for which

the said grants are made.

(2) The provisions of articles 203 and 204 shall have

207. (1) A Bill or amendment making provision for

any of the matters specified in sub-clauses ( a) to ( f) of

clause (1) of article 199 shall not be introduced or movedexcept on the recommendation of the Governor, and a Billmaking such provision shall not be introduced in aLegislative Council:

Provided that no recommendation shall be required

under this clause for the moving of an amendmentmaking provision for the reduction or abolition of anytax.

(2) A Bill or amendment shall not be deemed to make

provision for any of the matters aforesaid by reason onlythat it provides for the imposition of fines or otherpecuniary penalties, or for the demand or payment of feesfor licences or fees for services rendered, or by reason thatit provides for the imposition, abolition, remission,alteration or regulation of any tax by any local authorityor body for local purposes.

(3) A Bill which, if enacted and brought into

operation, would involve expenditure from theConsolidated Fund of a State shall not be passed by aHouse of the Legislature of the State unless the Governorhas recommended to that House the consideration ofthe Bill.

Procedure Generally

208. (1) A House of the Legislature of a State may

make rules for regulating, subject to the provisions ofthis Constitution, its procedure and the conduct of itsbusiness.Special provisionsas to financial Bills.

Rules of procedure.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 206—208.)103

(2) Until rules are made under clause (1), the rules of

procedure and standing orders in force immediatelybefore the commencement of this Constitution withrespect to the Legislature for the corresponding Provinceshall have effect in relation to the Legislature of the Statesubject to such modifications and adaptations as may bemade therein by the Speaker of the Legislative Assembly,or the Chairman of the Legislative Council, as the casemay be.

(3) In a State having a Legislative Council the

Governor, after consultation with the Speaker of theLegislative Assembly and the Chairman of the LegislativeCouncil, may make rules as to the procedure with respectto communications between the two Houses.

209. The Legislature of a State may, for the purpose

of the timely completion of financial business, regulateby law the procedure of, and the conduct of business in,the House or Houses of the Legislature of the State inrelation to any financial matter or to any Bill for theappropriation of moneys out of the Consolidated Fundof the State, and, if and so far as any provision of anylaw so made is inconsistent with any rule made by theHouse or either House of the Legislature of the Stateunder clause (1) of article 208 or with any rule or standingorder having effect in relation to the Legislature of theState under clause (2) of that article, such provision shallprevail.

210. (1) Notwithstanding anything in Part XVII, but

subject to the provisions of article 348, business in theLegislature of a State shall be transacted in the officiallanguage or languages of the State or in Hindi or inEnglish:

Provided that the Speaker of the Legislative Assembly

or Chairman of the Legislative Council, or person actingas such, as the case may be, may permit any memberwho cannot adequately express himself in any of thelanguages 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 expirationRegulation by lawof procedure in theLegislature of theState in relation tofinancial business.

Language to be

used in theLegislature.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 208—210.)104

of a period of fifteen years from the commencement of

this Constitution, have effect as if the words “or in

English” were omitted therefrom:

1[Provided that in relation to the 2[Legislatures of

the States of Himachal Pradesh, Manipur, Meghalayaand Tripura] this clause shall have effect as if for the

words “fifteen years” occurring therein, the words

“twenty-five years” were substituted:]

3[Provided further that in relation to the

4[Legislatures of the States of 5[Arunachal Pradesh, Goa

and Mizoram]], this clause shall have effect as if for the

words “fifteen years” occurring therein, the words

“forty years” were substituted.]

211. No discussion shall take place in the Legislature

of a State with respect to the conduct of any Judge of theSupreme Court or of a High Court in the discharge of

his duties.

212. (1) The validity of any proceedings in the

Legislature of a State shall not be called in question onthe 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 Constitutionfor regulating procedure or the conduct of business, or formaintaining order, in the Legislature shall be subject tothe jurisdiction of any court in respect of the exercise by

him of those powers.

HAPTER IV.—L EGISLATIVE POWER OF THE GOVERNOR

213. (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 HousesRestriction on

discussion in theLegislature.

Courts not to

inquire intoproceedings of theLegislature.

1Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971).

2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for

“Legislature of the State of Himachal Pradesh” (w.e.f. 21-1-1972).

3Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).

4Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for “Legislature

of the State of Mizoram” (w.e.f. 20-2-1987).

5Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for

“Arunachal Pradesh and Mizoram” (w.e.f. 30-5-1987).Power of

Governor topromulgateOrdinances duringrecess ofLegislature.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 210—213.)105

of the Legislature are in session, the Governor is satisfied

that circumstances exist which render it necessary forhim to take immediate action, he may promulgatesuch Ordinances as the circumstances appear to him torequire:

Provided that the Governor shall not, without

instructions from the President, promulgate any suchOrdinance if—

(a) a Bill containing the same provisions would

under this Constitution have required the previoussanction of the President for the introduction thereofinto the Legislature; or

(b) he would have deemed it necessary to reserve

a Bill containing the same provisions for theconsideration of the President; or

the same provisions would under this Constitutionhave been invalid unless, having been reserved forthe consideration of the President, it had receivedthe assent of the President.

(2) An Ordinance promulgated under this article shall

have the same force and effect as an Act of the Legislatureof the State assented to by the Governor, but every suchOrdinance—

(a) shall be laid before the Legislative Assembly

of the State, or where there is a Legislative Councilin the State, before both the Houses, and shall ceaseto operate at the expiration of six weeks from thereassembly of the Legislature, or if before theexpiration of that period a resolution disapproving itis passed by the Legislative Assembly and agreed toby the Legislative Council, if any, upon the passingof the resolution or, as the case may be, on theresolution being agreed to by the Council; and

(b) may be withdrawn at any time by the

Governor.

Explanation. —Where the Houses of the LegislatureTHE CONSTITUTION OF INDIA

(Part VI. —The States. —Art. 213.)106

of a State having a Legislative Council are summoned to

reassemble on different dates, the period of six weeksshall be reckoned from the later of those dates for thepurposes of this clause.

(3) If and so far as an Ordinance under this article

makes any provision which would not be valid if enactedin an Act of the Legislature of the State assented to bythe Governor, it shall be void:

Provided that, for the purposes of the provisions of

this Constitution relating to the effect of an Act of theLegislature of a State which is repugnant to an Act ofParliament or an existing law with respect to a matterenumerated in the Concurrent List, an Ordinancepromulgated under this article in pursuance ofinstructions from the President shall be deemed to be anAct of the Legislature of the State which has beenreserved for the consideration of the President andassented to by him.

1* * * * *

CHAPTER V.—T HE HIGH COURTS IN THE STATES

214. 2*** There shall be a High Court for each State.

3* * * * *

215. Every High Court shall be a court of record and

shall have all the powers of such a court including thepower to punish for contempt of itself.

216. Every High Court shall consist of a Chief Justice

and such other Judges as the President may from time totime deem it necessary to appoint.

4* * * * *High Courts forStates.

High Courts to be

courts of record.

Constitution of

High Courts.

1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3

(retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,s. 27 (w.e.f. 20-6-1979).

2The brackets and figure “(1)” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.

3Cls. (2) and (3) omitted by s. 29 and Sch., ibid.

4Proviso omitted by s. 11, ibid .THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 213—216.)107

217. (1) Every Judge of a High Court shall be appointed

by the President by warrant under his hand and sealafter consultation with the Chief Justice of India, theGovernor of the State, and, in the case of appointment ofa Judge other than the Chief Justice, the Chief Justice ofthe High Court, and

1[shall hold office, in the case of an

additional or acting Judge, as provided in article 224,and in any other case, until he attains the age of

2[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) ofarticle 124 for the removal of a Judge of the SupremeCourt;

being appointed by the President to be a Judge ofthe Supreme Court or by his being transferred by thePresident to any other High Court within the territoryof India.

(2) A person shall not be qualified for appointment as

a Judge of a High Court unless he is a citizen of Indiaand—

(a) has for at least ten years held a judicial office

in the territory of India; or

(b) has for at least ten years been an advocate of

a High Court

3*** or of two or more such Courts in

succession; 4***

4* * * * *Appointment andconditions of theoffice of a Judgeof a High Court.

1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for “shall hold office

until he attains the age of sixty years”.

2Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4, for “sixty years”.

3The words “in any State specified in the First Schedule” omitted by the Constitution

(Seventh Amendment) Act, 1956, s. 29 and Sch.

4The word “or” and sub-clause ( c) were ins. by the Constitution (Forty-second

Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA

(Part VI. —The States. —Art. 217.)108

Explanation. —For the purposes of this clause—

1[(a) in computing the period during which a

person has held judicial office in the territory of India,

there shall be included any period, after he has held

any judicial office, during which the person has beenan advocate of a High Court or has held the officeof a member of a tribunal or any post, under theUnion or a State, requiring special knowledge of law;]

2[(aa)] in computing the period during which a

person has been an advocate of a High Court, there

shall be included any period during which the person

3[has held judicial office or the office of a member of

a tribunal or any post, under the Union or a State,requiring special knowledge of law] after he becamean advocate;

(b) in computing the period during which a person

has held judicial office in the territory of India or

been an advocate of a High Court, there shall be

included any period before the commencement ofthis Constitution during which he has held judicialoffice in any area which was comprised before thefifteenth 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, asthe case may be.

4[(3) If any question arises as to the age of a Judge

of a High Court, the question shall be decided by thePresident after consultation with the Chief Justice of Indiaand the decision of the President shall be final.]

218. 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 ofreferences to the High Court for references to the Supreme

Court.Application of

certain provisionsrelating to SupremeCourt to HighCourts.

1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).

2Cl. ( a) re-lettered as cl. ( aa) by s. 28, ibid . (w.e.f. 20-6-1979).

3Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for “has held

judicial office” (w.e.f. 3-1-1977).

4Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4 (with retrospective

effect).THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 217-218.)109

219. Every person appointed to be a Judge of a High

Court 1*** shall, before he enters upon his office, make

and subscribe before the Governor of the State, or someperson appointed in that behalf by him, an oath oraffirmation according to the form set out for the purposein the Third Schedule.

2[220. No person who, after the commencement of

this Constitution, has held office as a permanent Judge of

a High Court shall plead or act in any court or before anyauthority in India except the Supreme Court and theother High Courts.

Explanation. —In this article, the expression “High

Court” does not include a High Court for a State specifiedin Part B of the First Schedule as it existed before

the commencement

3 of the Constitution (Seventh

Amendment) Act, 1956.]

221. 4[(1) There shall be paid to the Judges of each

High Court such salaries as may be determined byParliament by law and, until provision in that behalf isso 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 andpension as may from time to time be determined by orunder law made by Parliament and, until so determined,to such allowances and rights as are specified in the

Second Schedule:

Provided that neither the allowances of a Judge nor

his rights in respect of leave of absence or pension shallbe varied to his disadvantage after his appointment.

222. (1) The President may, after consultation with

the Chief Justice of India, transfer a Judge from one High

Court to any other High Court

5***.Oath or

affirmation byJudges of HighCourts.

Restriction on

practice after beinga permanent Judge.

Transfer of a

Judge from oneHigh Court toanother.

1The words “in a State“ omitted by the Constitution (Seventh Amendment) Act, 1956,

s. 29 and Sch.

2Subs. by s. 13, ibid ., for art. 220.

31st November, 1956.

4Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for cl. (1) (w.e.f.

1-4-1986).

5The words “within the territory of India“ omitted by the Constitution (Seventh

Amendment) Act, 1956, s. 14.Salaries, etc., of

Judges.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 219—222.)110

1[(2) When a Judge has been or is so transferred, he

shall, during the period he serves, after the commencementof the Constitution (Fifteenth Amendment) Act, 1963, asa Judge of the other High Court, be entitled to receive inaddition to his salary such compensatory allowance asmay be determined by Parliament by law and, until sodetermined, such compensatory allowance as thePresident may by order fix.]

223. When the office of Chief Justice of a High Court

is vacant or when any such Chief Justice is, by reason ofabsence or otherwise, unable to perform the duties of hisoffice, the duties of the office shall be performed by suchone of the other Judges of the Court as the President mayappoint for the purpose.

2[224. (1) If by reason of any temporary increase in the

business of a High Court or by reason of arrears of worktherein, it appears to the President that the number of theJudges of that Court should be for the time beingincreased, the President may appoint duly qualifiedpersons to be additional Judges of the Court for suchperiod not exceeding two years as he may specify.

(2) When any Judge of a High Court other than the

Chief Justice is by reason of absence or for any otherreason unable to perform the duties of his office or isappointed to act temporarily as Chief Justice, thePresident may appoint a duly qualified person to act asa Judge of that Court until the permanent Judge hasresumed his duties.

(3) No person appointed as an additional or acting

Judge of a High Court shall hold office after attaining theage of

3[sixty-two years].]

4[224A . Notwithstanding anything in this Chapter,

the Chief Justice of a High Court for any State may atany time, with the previous consent of the President,Appointment ofacting Chief Justice.

1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5. Original cl. (2) was

omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14.

2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15, for art. 224.

3Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 6, for “sixty years”.

4Ins. by s. 7, ibid.Appointment of

additional andacting Judges.

Appointment of

retired Judges atsittings of HighCourts.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 222—224 A.)111

request any person who has held the office of a Judge of

that Court or of any other High Court to sit and act as a

Judge of the High Court for that State, and every suchperson so requested shall, while so sitting and acting, beentitled to such allowances as the President may by orderdetermine and have all the jurisdiction, powers andprivileges 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 asa Judge of that High Court unless he consents so to do.]

225. Subject to the provisions of this Constitution and

to the provisions of any law of the appropriate Legislaturemade by virtue of powers conferred on that Legislatureby 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 theadministration of justice in the Court, including anypower to make rules of Court and to regulate the sittingsof the Court and of members thereof sitting alone or inDivision Courts, shall be the same as immediately beforethe commencement of this Constitution:

1[Provided that any restriction to which the exercise

of original jurisdiction by any of the High Courts with

respect to any matter concerning the revenue or concerningany act ordered or done in the collection thereof wassubject immediately before the commencement of thisConstitution shall no longer apply to the exercise of suchjurisdiction.]

2[226. (1) Notwithstanding anything in article 32 3***

every High Court shall have power, throughout the

territories in relation to which it exercises jurisdiction, toissue to any person or authority, including in appropriate

cases, any Government, within those territories directions,Jurisdiction of

existing HighCourts.

Power of High

Courts to issuecertain writs.

1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 29, (w.e.f.

20-6-1979). Original proviso was omitted by the Constitution (Forty-second Amendment)Act, 1976, s. 37 (w.e.f. 1-2-1977).

2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38, for art. 226

(w.e.f. 1-2-1977).

3The words, figures and letters “but subject to the provisions of article 131A and article

226A” omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 7 (w.e.f.13-4-1978).THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 224A—226.)112

orders or writs, including 1[writs in the nature of habeas

corpus, mandamus, prohibition, quo warranto and certiorari ,

or any of them, for the enforcement of any of the rightsconferred by Part III and for any other purpose.]

(2) The power conferred by clause (1) to issue

directions, orders or writs to any Government, authorityor person may also be exercised by any High Courtexercising jurisdiction in relation to the territories withinwhich the cause of action, wholly or in part, arises for theexercise of such power, notwithstanding that the seat ofsuch Government or authority or the residence of suchperson is not within those territories.

2[(3) Where any party against whom an interim order,

whether by way of injunction or stay or in any othermanner, is made on, or in any proceedings relating to, apetition under clause (1), without—

(a) furnishing to such party copies of such petition

and all documents in support of the plea for suchinterim 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 applicationto the party in whose favour such order has been madeor the counsel of such party, the High Court shall disposeof the application within a period of two weeks from thedate on which it is received or from the date on whichthe copy of such application is so furnished, whicheveris later, or where the High Court is closed on the lastday of that period, before the expiry of the next dayafterwards on which the High Court is open; and if theapplication is not so disposed of, the interim order shall,on the expiry of that period, or, as the case may be, theexpiry of the said next day, stand vacated.]

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for the portion

beginning with the words “writs in the nauture of habeas corpus, mandamus, prohibition, quo

warranto and certiorari, or any of them” and ending with the words “such illegality has

resulted in substantial failure of justice” (w.e.f. 1-8-1979).

2Subs. by s. 30, ibid., for cls. (3), (4), (5) and (6) (w.e.f. 1-8-1979).THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 226.)113

1[(4) The power conferred on a High Court by this

article shall not be in derogation of the power conferred

on the Supreme Court by clause (2) of article 32.]

2226A. [Constitutional validity of Central laws not to be

considered in proceedings under article 226.] Rep. by the

Constitution (Forty-third Amendment) Act, 1977, s. 8 (w.e.f.

13-4-1978).

227. 3[(1) Every High Court shall have

superintendence over all courts and tribunals throughoutthe territories in relation to which it exercises jurisdiction.]

(2) Without prejudice to the generality of the

foregoing provision, the High Court may—

(a) call for returns from such courts;

(b) make and issue general rules and prescribe

forms for regulating the practice and proceedings of

such courts; and

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 ofsuch courts and to attorneys, advocates and pleaderspractising therein:

Provided that any rules made, forms prescribed or

tables settled under clause (2) or clause (3) shall not beinconsistent with the provision of any law for the timebeing in force, and shall require the previous approval ofthe Governor.

(4) Nothing in this article shall be deemed to confer

on a High Court powers of superintendence over anycourt or tribunal constituted by or under any law relating

to the Armed Forces.Power of

superintendenceover all courts bythe High Court.

1Cl. (7) renumbered as cl. (4) by the Constitution (Forty-fourth Amendment) Act, 1978,

s. 30 (w.e.f. 1-8-1979).

2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f. 1-2-1977).

3Cl. (1) has been successively subs. by the Constitution (Forty-second Amendment) Act,

1976, s. 40 (w.e.f. 1-2-1977) and the Constitution (Forty-fourth Amendment) Act, 1978,s. 31, to read as above (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 226-227.)114

1* * * * *

228. If the High Court is satisfied that a case pending

in a court subordinate to it involves a substantial questionof law as to the interpretation of this Constitution thedetermination of which is necessary for the disposal ofthe case,

2[it shall withdraw the case and 3*** may—]

(a) either dispose of the case itself, or

(b) determine the said question of law and return

the case to the court from which the case has beenso withdrawn together with a copy of its judgmenton such question, and the said court shall on receiptthereof proceed to dispose of the case in conformitywith such judgment.

4228A. [Special provisions as to disposal of questions

relating to constitutional validity of State laws. ] Rep. by the

Constitution (Forty-third Amendment ) Act, 1977, s. 10 ( w.e.f.

13-4-1978).

229. (1) Appointments of officers and servants of a

High Court shall be made by the Chief Justice of theCourt or such other Judge or officer of the Court as hemay direct:

Provided that the Governor of the State

5*** may by

rule require that in such cases as may be specified in therule no person not already attached to the Court shall beappointed to any office connected with the Court saveafter consultation with the State Public ServiceCommission.

(2) Subject to the provisions of any law made by the

Legislature of the State, the conditions of service ofTransfer of certaincases to HighCourt.

Officers and

servants and theexpenses of HighCourts.

1Cl. (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 40 (w.e.f.

1-2-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 31(w.e.f. 20-6-1979).

2Subs. by the Constitution (Forty-second Amendment) Act. 1976, s. 41, for “it shall

withdraw the case and may —” (w.e.f. 1-2-1977).

3The words, figures and letters “subject to the provisions of article 131A,“ omitted by

the Constitution (Forty-third Amendment) Act, 1977, s. 9 (w.e.f. 13-4-1978).

4Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977).

5The words “in which the High Court has its principal seat” omitted by the Constitution

(Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 227—229.)115

officers and servants of a High Court shall be such as

may be prescribed by rules made by the Chief Justice of

the Court or by some other Judge or officer of the Court

authorised by the Chief Justice to make rules for the

purpose:

Provided that the rules made under this clause shall,

so far as they relate to salaries, allowances, leave or

pensions, require the approval of the Governor of theState

1***.

(3) The administrative expenses of a High Court,

including all salaries, allowances and pensions payable

to or in respect of the officers and servants of the Court,shall be charged upon the Consolidated Fund of the State,

and any fees or other moneys taken by the Court shall

form part of that Fund.

2[230. (1) Parliament may by law extend the

jurisdiction of a High Court to, or exclude the jurisdiction

of a High Court from, any Union territory.

(2) Where the High Court of a State exercises

jurisdiction in relation to a Union territory,—

(a) nothing in this Constitution shall be construed

as empowering the Legislature of the State to increase,restrict or abolish that jurisdiction; and

(b) the reference in article 227 to the Governor

shall, in relation to any rules, forms or tables forsubordinate courts in that territory, be construed as

a reference to the President.

231. (1) Notwithstanding anything contained in the

preceding provisions of this Chapter, Parliament may bylaw establish a common High Court for two or more

States or for two or more States and a Union territory.

(2) In relation to any such High Court,—

(a) the reference in article 217 to the Governor of

the State shall be construed as a reference to the

Governors of all the States in relation to which the

High Court exercises jurisdiction;Extension of

jurisdiction ofHigh Courts toUnion territories.

Establishment of

a common HighCourt for two ormore States.

1The words “in which the High Court has its principal seat” omitted by the Constitution

(Seventh Amendment) Act, 1956, s. 29 and Sch.

2Subs. by s. 16, ibid., for arts. 230, 231 and 232.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 229—231.)116

(b) the reference in article 227 to the Governor

shall, in relation to any rules, forms or tables for

subordinate courts, be construed as a reference tothe Governor of the State in which the subordinatecourts are situate; and

State shall be construed as a reference to the State in

which the High Court has its principal seat:

Provided that if such principal seat is in a Union

territory, the references in articles 219 and 229 to theGovernor, Public Service Commission, Legislature and

Consolidated Fund of the State shall be construed

respectively as references to the President, Union PublicService Commission, Parliament and Consolidated Fundof India.]

HAPTER VI.—S UBORDINATE COURTS

233. (1) Appointments of persons to be, and the posting

and promotion of, district judges in any State shall bemade by the Governor of the State in consultation withthe High Court exercising jurisdiction in relation to such

State.

(2) A person not already in the service of the Union

or of the State shall only be eligible to be appointed adistrict judge if he has been for not less than seven yearsan advocate or a pleader and is recommended by the

High Court for appointment.

1[233A. Notwithstanding any judgment, decree or

order of any court,—

(a) (i) no appointment of any person already in

the judicial service of a State or of any person who

has been for not less than seven years an advocateor a pleader, to be a district judge in that State, and

(ii) no posting, promotion or transfer of any such

person as a district judge,

made at any time before the commencement of the

Constitution (Twentieth Amendment) Act, 1966,Validation of

appointments of,and judgments,etc., delivered by ,certain districtjudges.

1Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2.Appointment of

district judges.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 231—233 A.)117

otherwise than in accordance with the provisions of

Article 233

or article 235 shall be deemed to be illegal or

void or ever to have become illegal or void by reason

only of the fact that such appointment, posting,

promotion or transfer was not made in accordance withthe said provisions;]

(b) no jurisdiction exercised, no judgment, decree,

sentence or order passed or made, and no other actor 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 orarticle 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, promotionor transfer was not made in accordance with the said

provisions.]

234. Appointments of persons other than district

judges to the judicial service of a State shall be made bythe 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 Courtexercising jurisdiction in relation to such State.

235. The control over district courts and courts

subordinate thereto including the posting and promotion

of, and the grant of leave to, persons belonging to thejudicial 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 astaking away from any such person any right of appeal

which he may have under the law regulating the

conditions of his service or as authorising the High Courtto deal with him otherwise than in accordance with the

conditions of his service prescribed under such law.

236. 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 ofRecruitment of

persons other thandistrict judges tothe judicial service.

Control over

subordinate courts.

Interpretation.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 233A—236.)118

a small cause court, chief presidency magistrate,

additional chief presidency magistrate, sessions

judge, additional sessions judge and assistant

sessions Judge;

(b) the expression “judicial service” means a

service consisting exclusively of persons intended tofill the post of district judge and other civil judicial

posts inferior to the post of district judge.

237. The Governor may by public notification direct

that the foregoing provisions of this Chapter and anyrules made thereunder shall with effect from such date asmay be fixed by him in that behalf apply in relation toany class or classes of magistrates in the State as theyapply in relation to persons appointed to the judicialservice of the State subject to such exceptions andmodifications as may be specified in the notification.Application of theprovisions of thisChapter to certainclass or classes ofmagistrates.THE CONSTITUTION OF INDIA

(Part VI. —The States. —Arts. 236-237.)119

Part VII. —[The States in Part B of the First

Schedule. ] Rep. by the Constitution (Seventh Amendment )

Act, 1956, s. 29 and Sch.

120

PART VIII

1[THE UNION TERRITORIES]

2[239. (1) Save as otherwise provided by Parliament

by law, every Union territory shall be administered by thePresident acting, to such extent as he thinks fit, throughan administrator to be appointed by him with suchdesignation as he may specify.

(2) Notwithstanding anything contained in Part VI,

the President may appoint the Governor of a State as theadministrator of an adjoining Union territory, and wherea Governor is so appointed, he shall exercise his functionsas such administrator independently of his Council ofMinisters.

3[239A. (1) Parliament may by law create 4[for the

Union territory of 5[Puducherry]]—

(a) a body, whether elected or partly nominated

and partly elected, to function as a Legislature for theUnion 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 Constitutionfor the purposes of article 368 notwithstanding that itcontains any provision which amends or has the effect ofamending this Constitution.]

6[239AA. (1) As from the date of commencement of

the Constitution (Sixty-ninth Amendment) Act, 1991, theUnion territory of Delhi shall be called the NationalAdministration ofUnion territories.

Creation of local

Legislatures orCouncil ofMinisters or bothfor certain Unionterritories.

Special provisions

with respect toDelhi.

1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading

“THE STATES IN PART C OF THE FIRST SCHEDULE“.

2Subs. by s. 17, ibid ., for arts. 239 and 240.

3Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4.

4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “for

any of the Union territories of Goa, Daman and Diu and Pondicherry”(w.e.f. 30-5-1987).

5Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

“Pondicherry“ (w.e.f. 1-10-2006).

6Ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992).

121

Capital Territory of Delhi (hereafter in this Part referred

to as the National Capital Territory) and the administratorthereof appointed under article 239 shall be designatedas the Lieutenant Governor.

(2) (a) There shall be a Legislative Assembly for the

National Capital Territory and the seats in such Assemblyshall be filled by members chosen by direct election fromterritorial constituencies in the National Capital Territory.

(b) The total number of seats in the Legislative

Assembly, the number of seats reserved for ScheduledCastes, the division of the National Capital Territory intoterritorial constituencies (including the basis for suchdivision) and all other matters relating to the functioningof the Legislative Assembly shall be regulated by lawmade by Parliament.

apply in relation to the National Capital Territory, theLegislative Assembly of the National Capital Territoryand the members thereof as they apply, in relation to aState, the Legislative Assembly of a State and the membersthereof respectively; and any reference in articles 326 and329 to “appropriate Legislature” shall be deemed to be areference to Parliament.

(3) (a) Subject to the provisions of this Constitution,

the Legislative Assembly shall have power to make lawsfor the whole or any part of the National Capital Territorywith respect to any of the matters enumerated in theState List or in the Concurrent List in so far as any suchmatter is applicable to Union territories except matterswith respect to Entries 1, 2 and 18 of the State List andEntries 64, 65 and 66 of that List in so far as they relateto the said Entries 1, 2 and 18.

(b) Nothing in sub-clause ( a) shall derogate from the

powers of Parliament under this Constitution to makelaws with respect to any matter for a Union territory orany part thereof.

Assembly with respect to any matter is repugnant to anyTHE CONSTITUTION OF INDIA

(Part VI. —The Union territories. —Art. 239AA.)122

provision of a law made by Parliament with respect to

that matter, whether passed before or after the law madeby the Legislative Assembly, or of an earlier law, otherthan a law made by the Legislative Assembly, then, ineither case, the law made by Parliament, or, as the casemay be, such earlier law, shall prevail and the law madeby the Legislative Assembly shall, to the extent of therepugnancy, be void:

Provided that if any such law made by the Legislative

Assembly has been reserved for the consideration of thePresident and has received his assent, such law shallprevail in the National Capital Territory:

Provided further that nothing in this sub-clause shall

prevent Parliament from enacting at any time any lawwith respect to the same matter including a law addingto, amending, varying or repealing the law so made bythe Legislative Assembly.

(4) There shall be a Council of Ministers consisting

of not more than ten per cent. of the total number ofmembers in the Legislative Assembly, with the ChiefMinister at the head to aid and advise the LieutenantGovernor in the exercise of his functions in relation tomatters with respect to which the Legislative Assemblyhas power to make laws, except in so far as he is, by orunder any law, required to act in his discretion:

Provided that in the case of difference of opinion

between the Lieutenant Governor and his Ministers onany matter, the Lieutenant Governor shall refer it to thePresident for decision and act according to the decisiongiven thereon by the President and pending such decisionit shall be competent for the Lieutenant Governor in anycase where the matter, in his opinion, is so urgent thatit is necessary for him to take immediate action, to takesuch action or to give such direction in the matter as hedeems necessary.

(5) The Chief Minister shall be appointed by the

President and other Ministers shall be appointed bythe President on the advice of the Chief Minister and theTHE CONSTITUTION OF INDIA

(Part VI. —The Union territories. —Art. 239AA.)123

Ministers shall hold office during the pleasure of the

President.

(6) The Council of Ministers shall be collectively

responsible to the Legislative Assembly.

1[(7) ( a)] Parliament may, by law, make provisions for

giving effect to, or supplementing the provisions containedin the foregoing clauses and for all matters incidental orconsequential thereto.

2[(b) Any such law as is referred to in sub-clause ( a)

shall not be deemed to be an amendment of thisConstitution for the purposes of article 368notwithstanding that it contains any provision whichamends or has the effect of amending, this Constitution.]

(8) The provisions of article 239B shall, so far as may

be, apply in relation to the National Capital Territory, theLieutenant Governor and the Legislative Assembly, asthey apply in relation to the Union territory of

3[Puducherry], the administrator and its Legislature,

respectively; and any reference in that article to“clause (1) of article 239A” shall be deemed to be areference to this article or article 239AB, as the case maybe.

239AB. If the President, on receipt of a report from

the Lieutenant Governor or otherwise, is satisfied—

(a) that a situation has arisen in which the

administration of the National Capital Territorycannot be carried on in accordance with theprovisions of article 239AA or of any law made inpursuance of that article; or

(b) that for the proper administration of the

National Capital Territory it is necessary or expedientso to do,

the President may by order suspend the operation of any

provision of article 239AA or of all or any of the

1Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for “(7)” (w.e.f.

21-12-1991).

2Ins. by s. 3, ibid. (w.e.f. 21-12-1991).

3Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

“Pondicherry“ (w.e.f. 1-10-2006).Provision in case

of failure ofconstitutionalmachinery.THE CONSTITUTION OF INDIA

(Part VI. —The Union territories. —Arts. 239AA-239AB.)124

provisions of any law made in pursuance of that article

for such period and subject to such conditions as may bespecified in such law and make such incidental andconsequential provisions as may appear to him to benecessary or expedient for administering the NationalCapital Territory in accordance with the provisions ofarticle 239 and article 239AA.

1[239B. (1) If at any time, except when the Legislature

of 2[the Union territory of 3[Puducherry]] is in session, the

administrator thereof is satisfied that circumstances existwhich render it necessary for him to take immediateaction, he may promulgate such Ordinances as thecircumstances appear to him to require:

Provided that no such Ordinance shall be

promulgated by the administrator except after obtaininginstructions from the President in that behalf:

Provided further that whenever the said Legislature

is dissolved, or its functioning remains suspended onaccount of any action taken under any such law as isreferred to in clause (1) of article 239A, the administratorshall not promulgate any Ordinance during the periodof such dissolution or suspension.

(2) An Ordinance promulgated under this article in

pursuance of instructions from the President shall bedeemed to be an Act of the Legislature of the Unionterritory which has been duly enacted after complyingwith the provisions in that behalf contained in any suchlaw as is referred to in clause (1) of article 239A, butevery such Ordinance—

(a) shall be laid before the Legislature of the

Union territory and shall cease to operate at the

1Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f.

30-12-1971).

2Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “a

Union territory referred to in clause (1) of article 239A”(w.e.f. 30-5-1987).

3Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

“Pondicherry“ (w.e.f. 1-10-2006).Power of

administrator topromulgateOrdinances duringrecess ofLegislature.THE CONSTITUTION OF INDIA

(Part VI. —The Union territories. —Arts. 239AB-239B.)125

expiration of six weeks from the reassembly of the

Legislature or if, before the expiration of that period,

a resolution disapproving it is passed by the

Legislature, upon the passing of the resolution; and

(b) may be withdrawn at any time by the

administrator after obtaining instructions from the

President in that behalf.

(3) If and so far as an Ordinance under this article

makes any provision which would not be valid if enacted

in an Act of the Legislature of the Union territory made

after complying with the provisions in that behalf

contained in any such law as is referred to in clause (1)

of article 239A, it shall be void.]

1* * * *

240. (1) The President may make regulations for the

peace, progress and good government of the Union

territory of—

(a) the Andaman and Nicobar Islands;

2[(b) Lakshadweep;]

3[(c) Dadra and Nagar Haveli;]

4[(d) Daman and Diu;]

5[(e) Puducherry;]

6***

7***:

8[Provided that when any body is created under article

239A to function as a Legislature for the 9[Union territoryPower of

President to makeregulations forcertain Unionterritories.

1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4

(retrospectively) and omitted by the Consititution (Forty-fourth Amendment) Act, 1978,s. 32 (w.e.f. 20-6-1979).

2Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973

(34 of 1973), s. 4, for entry ( b) (w.e.f. 1-11-1973).

3Ins. by the Constitution (Tenth Amendment) Act, 1961, s. 3.

4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for

entry ( d) (w.e.f. 30-5-1987). Entry ( d) was ins. by the Constitution (Twelfth Amendment)

Act, 1962, s. 3.

5Subs. by The Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

“Pondicherry” (w.e.f. 1-10-2006).

6The entry ( f) relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of

1986), s. 39 (w.e.f. 20-2-1987).

7The entry ( g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh

Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987).

8Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5.

9Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4, for “Union

territory of Goa, Daman and Diu or Pondicherry” (w.e.f. 15-2-1972).THE CONSTITUTION OF INDIA

(Part VI. —The Union territories. —Arts. 239B-240.)126

1Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

“Pondicherry“ (w.e.f. 1-10-2006).

2Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f.

15-2-1972).

3Subs. by s. 4, ibid., for “any existing law”(w.e.f. 15-2-1972).

4Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “State

specified in Part C of the First Schedule”.

5Subs. by s. 29 and Sch., ibid ., for “such State”.

6Subs. by s. 29 and Sch., ibid., for cls. (3) and (4).of 1[Puducherry], the President shall not make any

regulation for the peace, progress and good government

of that Union territory with effect from the date appointedfor the first meeting of the Legislature:]

2[Provided further that whenever the body

functioning as a Legislature for the Union territory of

1[Puducherry] is dissolved, or the functioning of that body

as such Legislature remains suspended on account ofany action taken under any such law as is referred to inclause (1) of article 239A, the President may, during theperiod of such dissolution or suspension, make

regulations for the peace, progress and good government

of that Union territory.]

(2) Any regulation so made may repeal or amend

any Act made by Parliament or

3[any other law] which is

for the time being applicable to the Union territory

and, when promulgated by the President, shall have the

same force and effect as an Act of Parliament whichapplies to that territory.]

241. (1) Parliament may by law constitute a High

Court for a

4[Union territory] or declare any court in any

5[such territory] to be a High Court for all or any of the

purposes of this Constitution.

(2) The provisions of Chapter V of Part VI shall apply

in relation to every High Court referred to in clause (1) as

they apply in relation to a High Court referred to inarticle 214 subject to such modifications or exceptions asParliament may by law provide.

6[(3) Subject to the provisions of this Constitution

and to the provisions of any law of the appropriateHigh Courts for

Union territories.THE CONSTITUTION OF INDIA

(Part VI. —The Union territories. —Arts. 240-241.)127

Legislature made by virtue of powers conferred on that

Legislature by or under this Constitution, everyHigh Court exercising jurisdiction immediately before thecommencement of the Constitution (Seventh Amendment)Act, 1956, in relation to any Union territory shall continueto exercise such jurisdiction in relation to that territoryafter such commencement.

(4) Nothing in this article derogates from the power

of Parliament to extend or exclude the jurisdiction of aHigh Court for a State to, or from, any Union territory orpart thereof.]

242. [Coorg. ] Rep. by the Constitution (Seventh

Amendment ) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part VI. —The Union territories. —Arts. 241-242.)128

1[PART IX

THE PANCHAYATS

243. 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 avillage comprised within the area of Panchayat atthe village level;

the village and district levels specified by theGovernor of a State by public notification to be theintermediate level for the purposes of this Part;

(d) “Panchayat” means an institution (by

whatever name called) of self-governmentconstituted 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 therelevant figures have been published;

(g) “village” means a village specified by the

Governor by public notification to be a village forthe purposes of this Part and includes a group ofvillages so specified.

243A. A Gram Sabha may exercise such powers and

perform such functions at the village level as theLegislature of a State may, by law, provide.

243B. (1) There shall be constituted in every State,

Panchayats at the village, intermediate and district levelsin accordance with the provisions of this Part .

129Definitions.

Gram Sabha.

Constitution of

Panchayats.

1Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 2 (w.e.f. 24-4-1993).

Original Part IX was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 andSch.

(2) Notwithstanding anything in clause (1),

Panchayats at the intermediate level may not beconstituted in a State having a population not exceedingtwenty lakhs.

243C. (1) Subject to the provisions of this Part, the

Legislature of a State may, by law, make provisions withrespect to the composition of Panchayats:

Provided that the ratio between the population of

the territorial area of a Panchayat at any level and thenumber of seats in such Panchayat to be filled by electionshall, so far as practicable, be the same throughout theState.

(2) All the seats in a Panchayat shall be filled by

persons chosen by direct election from territorialconstituencies in the Panchayat area and, for this purpose,each Panchayat area shall be divided into territorialconstituencies in such manner that the ratio between thepopulation of each constituency and the number of seats

allotted to it shall, so far as practicable, be the samethroughout 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 intermediatelevel or, in the case of a State not having Panchayatsat the intermediate level, in the Panchayats at thedistrict level;

(b) of the Chairpersons of the Panchayats at the

intermediate level, in the Panchayats at the districtlevel;

the members of the Legislative Assembly of the Staterepresenting constituencies which comprise whollyor partly a Panchayat area at a level other than thevillage level, in such Panchayat;

(d) of the members of the Council of States and

the members of the Legislative Council of theComposition ofPanchayats.THE CONSTITUTION OF INDIA

(Part IX. —The Panchayats. —Arts. 243B-243C.)130

State, where they are registered as electors within—

(i) a Panchayat area at the intermediate level,

in Panchayat at the intermediate level;

(ii) a Panchayat area at the district level, in

Panchayat at the district level.

(4) The Chairperson of a Panchayat and other

members of a Panchayat whether or not chosen by directelection from territorial constituencies in the Panchayatarea shall have the right to vote in the meetings of thePanchayats.

(5) The Chairperson of —

(a) a panchayat at the village level shall be elected

in such manner as the Legislature of a State may, bylaw, provide; and

(b) a Panchayat at the intermediate level or district

level shall be elected by, and from amongst, theelected members thereof.

243D. (1) Seats shall be reserved for—

(a) the Scheduled Castes; and

(b) the Scheduled Tribes,

in every Panchayat and the number of seats so reserved

shall bear, as nearly as may be, the same proportion tothe total number of seats to be filled by direct election inthat Panchayat as the population of the Scheduled Castesin that Panchayat area or of the Scheduled Tribes in thatPanchayat area bears to the total population of that areaand such seats may be allotted by rotation to differentconstituencies in a Panchayat.

(2) Not less than one-third of the total number of

seats reserved under clause (1) shall be reserved forwomen belonging to the Scheduled Castes or, as the casemay be, the Scheduled Tribes.

(3) Not less than one-third (including the number of

seats reserved for women belonging to the ScheduledCastes and the Scheduled Tribes) of the total number ofReservation ofseats.THE CONSTITUTION OF INDIA

(Part IX. —The Panchayats. —Arts. 243C-243D.)131

seats to be filled by direct election in every Panchayat

shall be reserved for women and such seats may beallotted by rotation to different constituencies in aPanchayat.

(4) The offices of the Chairpersons in the Panchayats

at the village or any other level shall be reserved for theScheduled Castes, the Scheduled Tribes and women insuch 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 ScheduledTribes in the Panchayats at each level in any State shallbear, as nearly as may be, the same proportion to thetotal number of such offices in the Panchayats at eachlevel as the population of the Scheduled Castes in theState or of the Scheduled Tribes in the State bears to thetotal population of the State:

Provided further that not less than one-third of the

total number of offices of Chairpersons in the Panchayatsat each level shall be reserved for women:

Provided also that the number of offices reserved

under this clause shall be allotted by rotation to differentPanchayats at each level.

(5) The reservation of seats under clauses (1) and (2)

and the reservation of offices of Chairpersons (other thanthe reservation for women) under clause (4) shall ceaseto have effect on the expiration of the period specified inarticle 334.

(6) Nothing in this Part shall prevent the Legislature

of a State from making any provision for reservation ofseats in any Panchayat or offices of Chairpersons in thePanchayats at any level in favour of backward class ofcitizens.

243E. (1) Every Panchayat, unless sooner dissolved

under any law for the time being in force, shall continuefor five years from the date appointed for its first meetingand no longer.

Duration ofPanchayats, etc.THE CONSTITUTION OF INDIA

(Part IX. —The Panchayats. —Arts. 243D-243E.)132

(2) No amendment of any law for the time being in

force shall have the effect of causing dissolution of a

Panchayat at any level, which is functioning immediatelybefore such amendment, till the expiration of its durationspecified 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 isless than six months, it shall not be necessary to hold anyelection under this clause for constituting the Panchayat

for such period.

(4) A Panchayat constituted upon the dissolution of

a Panchayat before the expiration of its duration shallcontinue only for the remainder of the period for whichthe dissolved Panchayat would have continued underclause (1) had it not been so dissolved.

243F. (1) A person shall be disqualified for being

chosen as, and for being, a member of a Panchayat—

(a) if he is so disqualified by or under any law for

the time being in force for the purposes of electionsto the Legislature of the State concerned:

Provided that no person shall be disqualified on

the ground that he is less than twenty-five years of

age, if he has attained the age of twenty-one years;

(b) if he is so disqualified by or under any law

made by the Legislature of the State.

(2) If any question arises as to whether a member of

a Panchayat has become subject to any of thedisqualifications mentioned in clause (1), the questionshall be referred for the decision of such authority and in

such manner as the Legislature of a State may, by law,

provide.

243G. Subject to the provisions of this Constitution,

the Legislature of a State may, by law, endow theDisqualifications

for membership.

Powers, authority

and responsibilitiesof Panchayats.THE CONSTITUTION OF INDIA

(Part IX. —The Panchayats. —Arts. 243E—243G.)133

Panchayats with such powers and authority as may be

necessary to enable them to function as institutions ofself-government and such law may contain provisionsfor the devolution of powers and responsibilities uponPanchayats at the appropriate level, subject to suchconditions 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 entrustedto them including those in relation to the matterslisted in the Eleventh Schedule.

243H. The Legislature of a State may, by law,—

(a) authorise a Panchayat to levy, collect and

appropriate such taxes, duties, tolls and fees inaccordance with such procedure and subject to suchlimits;

(b) assign to a Panchayat such taxes, duties, tolls

and fees levied and collected by the State Governmentfor such purposes and subject to such conditionsand limits;

Panchayats from the Consolidated Fund of the State;and

(d) provide for constitution of such Funds for

crediting all moneys received, respectively, by or onbehalf of the Panchayats and also for the withdrawalof such moneys therefrom,

as may be specified in the law.

243-I. (1) The Governor of a State shall, as soon as

may be within one year from the commencement of theConstitution (Seventy-third Amendment) Act, 1992,and thereafter at the expiration of every fifth year,constitute a Finance Commission to review the financialposition of the Panchayats and to make recommendationsPowers to imposetaxes by, and Fundsof, the Panchayats.

Constitution ofFinanceCommission toreview financialposition.THE CONSTITUTION OF INDIA

(Part IX. —The Panchayats. —Arts. 243G—243-I.)134

to the Governor as to—

(a) the principles which should govern—

(i) the distribution between the State and the

Panchayats of the net proceeds of the taxes, duties,tolls and fees leviable by the State, which may bedivided between them under this Part and theallocation between the Panchayats at all levels oftheir respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls

and fees which may be assigned to, orappropriated 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;

Commission by the Governor in the interests ofsound finance of the Panchayats.

(2) The Legislature of a State may, by law, provide

for the composition of the Commission, the qualificationswhich shall be requisite for appointment as membersthereof 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 theirfunctions 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 withan explanatory memorandum as to the action takenthereon to be laid before the Legislature of the State.

243J. The Legislature of a State may, by law, make

provisions with respect to the maintenance of accountsby the Panchayats and the auditing of such accounts.

243K. (1) The superintendence, direction and control

of the preparation of electoral rolls for, and the conductof, all elections to the Panchayats shall be vested in

Audit of accountsof Panchayats.

Elections to the

Panchayats.THE CONSTITUTION OF INDIA

(Part IX. —The Panchayats. —Arts. 243-I—243K.)135

a State Election Commission consisting of a State Election

Commissioner to be appointed by the Governor.

(2) Subject to the provisions of any law made by the

Legislature of a State, the conditions of service and tenureof office of the State Election Commissioner shall be suchas the Governor may by rule determine:

Provided that the State Election Commissioner shall

not be removed from his office except in like mannerand on the like grounds as a Judge of a High Court andthe conditions of service of the State ElectionCommissioner shall not be varied to his disadvantageafter his appointment.

(3) The Governor of a State shall, when so requested

by the State Election Commission, make available to theState Election Commission such staff as may be necessaryfor the discharge of the functions conferred on the StateElection Commission by clause (1).

(4) Subject to the provisions of this Constitution, the

Legislature of a State may, by law, make provision withrespect to all matters relating to, or in connection with,elections to the Panchayats.

243L. The provisions of this Part shall apply to the

Union territories and shall, in their application to a Unionterritory, have effect as if the references to the Governorof a State were references to the Administrator of theUnion territory appointed under article 239 and referencesto the Legislature or the Legislative Assembly of a Statewere references, in relation to a Union territory having aLegislative Assembly, to that Legislative Assembly:

Provided that the President may, by public

notification, direct that the provisions of this Part shallapply to any Union territory or part thereof subject tosuch exceptions and modifications as he may specify inthe notification.

243M. (1) Nothing in this Part shall apply to the

Scheduled Areas referred to in clause (1), and the tribalareas referred to in clause (2), of article 244.

Application toUnion territories.

Part not to apply

to certain areas.THE CONSTITUTION OF INDIA

(Part IX. —The Panchayats. —Arts. 243K—243M.)136

(2) Nothing in this Part shall apply to—

(a) the States of Nagaland, Meghalaya and

Mizoram;

(b) the hill areas in the State of Manipur for which

District Councils exist under any law for the timebeing 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 inthe State of West Bengal for which Darjeeling GorkhaHill Council exists under any law for the time beingin force;

(b) shall be construed to affect the functions and

powers of the Darjeeling Gorkha Hill Councilconstituted under such law.

1[(3A) Nothing in article 243D, relating to reservation

of seats for the Scheduled Castes, shall apply to the Stateof Arunachal Pradesh.]

(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 inclause (1), if the Legislative Assembly of that Statepasses a resolution to that effect by a majority of thetotal membership of that House and by a majority ofnot less than two-thirds of the members of that Housepresent and voting;

(b) Parliament may, by law, extend the provisions

of this Part to the Scheduled Areas and the tribalareas referred to in clause (1) subject to suchexceptions and modifications as may be specified insuch law, and no such law shall be deemed to be anamendment of this Constitution for the purposes ofarticle 368.

243N. Notwithstanding anything in this Part, any

provision of any law relating to Panchayats in force in a

Continuance ofexisting laws andPanchayats.

1Ins. by the Constitution (Eighty-third Amendment) Act, 2000, s. 2.THE CONSTITUTION OF INDIA

(Part IX. —The Panchayats. —Arts. 243M-243N.)137

State immediately before the commencement of the

Constitution (Seventy-third Amendment) Act, 1992, whichis inconsistent with the provisions of this Part, shallcontinue to be in force until amended or repealed by acompetent Legislature or other competent authority oruntil the expiration of one year from such commencement,whichever is earlier:

Provided that all the Panchayats existing immediately

before such commencement shall continue till theexpiration of their duration, unless sooner dissolved bya resolution passed to that effect by the LegislativeAssembly of that State or, in the case of a State having aLegislative Council, by each House of the Legislature ofthat State.

243-O. Notwithstanding anything in this

Constitution,—

(a) the validity of any law relating to the

delimitation of constituencies or the allotment of seatsto such constituencies, made or purporting to bemade under article 243K, shall not be called inquestion in any court;

(b) no election to any Panchayat shall be called in

question except by an election petition presented tosuch authority and in such manner as is providedfor by or under any law made by the Legislature ofa State.]

Bar to interferenceby courts inelectoral matters.THE CONSTITUTION OF INDIA

(Part IX. —The Panchayats. —Arts. 243N-243-O.)138

1[PART IXA

THE MUNICIPALITIES

243P. In this Part, unless the context otherwise

requires,—

(a) “Committee” means a Committee constituted

under article 243S;

(b) “district” means a district in a State;

population of ten lakhs or more, comprised in oneor more districts and consisting of two or moreMunicipalities or Panchayats or other contiguousareas, specified by the Governor by publicnotification to be a Metropolitan area for the purposes

of this Part;

(d) “Municipal area” means the territorial area of

a Municipality as is notified by the Governor;

(e) “Municipality” means an institution of 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 therelevant figures have been published.

243Q. (1) There shall be constituted in every State,—

(a) a Nagar Panchayat (by whatever name called)

for a transitional area, that is to say, an area intransition from a rural area to an urban area;

(b) a Municipal Council for a smaller urban area;

and

area,

139Constitution of

Municipalities.

1Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 2 (w.e.f 1-6-1993).Definitions.

in accordance with the provisions of this Part:

Provided that a Municipality under this clause may

not be constituted in such urban area or part thereof asthe Governor may, having regard to the size of the areaand the municipal services being provided or proposedto be provided by an industrial establishment in that areaand such other factors as he may deem fit, by publicnotification, 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 asthe Governor may, having regard to the population of thearea, the density of the population therein, the revenuegenerated for local administration, the percentage ofemployment in non-agricultural activities, the economicimportance or such other factors as he may deem fit,specify by public notification for the purposes of thisPart.

243R. (1) Save as provided in clause (2), all the seats

in a Municipality shall be filled by persons chosen bydirect election from the territorial constituencies in theMunicipal area and for this purpose each Municipal areashall be divided into territorial constituencies to be knownas wards.

(2) The Legislature of a State ma y, 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 ofthe State representing constituencies whichcomprise wholly or partly the Municipal area;

(iii) the members of the Council of States and

the members of the Legislative Council of theState registered as electors within the Municipalarea;

(iv) the Chairpersons of the Committees

constituted under clause (5) of article 243S:Composition ofMunicipalities.THE CONSTITUTION OF INDIA

(Part IXA. —The Municipalities.—Arts. 243Q-243R.)140

Provided that the persons referred to in paragraph

(i) shall not have the right to vote in the meetings of

the Municipality;

(b) the manner of election of the Chairperson of

a Municipality.

243S. (1) There shall be constituted Wards

Committees, consisting of one or more wards, within

the territorial area of a Municipality having a populationof three lakhs or more.

(2) The Legislature of a State may, by law, make

provision with respect to—

(a) the composition and the territorial area of a

Wards Committee;

(b) the manner in which the seats in a Wards

Committee shall be filled.

(3) A member of a Municipality representing a ward

within the territorial area of the Wards Committee shall

be a member of that Committee.

(4) Where a Wards Committee consists of—

(a) one ward, the member representing that ward

in the Municipality; or

(b) two or more wards, one of the members

representing such wards in the Municipality elected

by the members of the Wards Committee,

shall be the Chairperson of that Committee.

(5) Nothing in this article shall be deemed to prevent

the Legislature of a State from making any provision for

the constitution of Committees in addition to the Wards

Committees.

243T. (1) Seats shall be reserved for the Scheduled

Castes and the Scheduled Tribes in every Municipality

and the number of seats so reserved shall bear, as nearlyas 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 theMunicipal area or of the Scheduled Tribes in the

Municipal area bears to the total population of that area

and such seats may be allotted by rotation to different

constituencies in a Municipality.Constitution andcomposition ofWards Committees,etc.

Reservation of

seats.THE CONSTITUTION OF INDIA

(Part IXA. —The Municipalities.—Arts. 243R—243 T.)141

(2) Not less than one-third of the total number of

seats reserved under clause (1) shall be reserved forwomen belonging to the Scheduled Castes or, as the casemay be, the Scheduled Tribes.

(3) Not less than one-third (including the number of

seats reserved for women belonging to the ScheduledCastes and the Scheduled Tribes) of the total number ofseats to be filled by direct election in every Municipalityshall be reserved for women and such seats may beallotted by rotation to different constituencies in aMunicipality.

(4) The offices of Chairpersons in the Municipalities

shall be reserved for the Scheduled Castes, the ScheduledTribes and women in such manner as the Legislature ofa State may, by law, provide.

(5) The reservation of seats under clauses (1) and (2)

and the reservation of offices of Chairpersons (other thanthe reservation for women) under clause (4) shall ceaseto have effect on the expiration of the period specified inarticle 334.

(6) Nothing in this Part shall prevent the Legislature

of a State from making any provision for reservation ofseats in any Municipality or offices of Chairpersons inthe Municipalities in favour of backward class of citizens.

243U. (1) Every Municipality, unless sooner dissolved

under any law for the time being in force, shall continuefor five years from the date appointed for its first meetingand no longer:

Provided that a Municipality shall be given a

reasonable opportunity of being heard before itsdissolution.

(2) No amendment of any law for the time being in

force shall have the effect of causing dissolution of aMunicipality at any level, which is functioningimmediately before such amendment, till the expirationof its duration specified in clause (1).

Duration ofMunicipalities,etc.THE CONSTITUTION OF INDIA

(Part IXA. —The Municipalities.—Arts. 243T-243U.)142

(3) An election to constitute a Municipality shall be

completed,—

(a) before the expiry of its duration specified in

clause (1);

(b) before the expiration of a period of six months

from the date of its dissolution:

Provided that where the remainder of the period for

which the dissolved Municipality would have continuedis less than six months, it shall not be necessary to holdany election under this clause for constituting theMunicipality for such period.

(4) A Municipality constituted upon the dissolution

of a Municipality before the expiration of its durationshall continue only for the remainder of the period forwhich the dissolved Municipality would have continuedunder clause (1) had it not been so dissolved.

243V. (1) A person shall be disqualified for being

chosen as, and for being, a member of a Municipality—

(a) if he is so disqualified by or under any law for

the time being in force for the purposes of electionsto 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 questionshall be referred for the decision of such authority and insuch manner as the Legislature of a State may, by law,provide.

243W. Subject to the provisions of this Constitution,

the Legislature of a State may, by law, endow—

(a) the Municipalities with such powers and

authority as may be necessary to enable them tofunction as institutions of self-government and suchlaw may contain provisions for the devolution of

powers and responsibilities upon Municipalities,

subject to such conditions as may be specified therein,Disqualifications

for membership.

Powers, authority

and responsibilitiesof Municipalities,etc.THE CONSTITUTION OF INDIA

(Part IXA. —The Municipalities.—Arts. 243U—243W.)143

with respect to—

(i) the preparation of plans for economic

development and social justice;

(ii) the performance of functions and the

implementation of schemes as may be entrusted tothem including those in relation to the matterslisted in the Twelfth Schedule;

(b) the Committees with such powers and

authority as may be necessary to enable them to carryout the responsibilities conferred upon themincluding those in relation to the matters listed in theTwelfth Schedule.

243X. The Legislature of a State may, by law,—

(a) authorise a Municipality to levy, collect and

appropriate such taxes, duties, tolls and fees inaccordance with such procedure and subject to suchlimits;

(b) assign to a Municipality such taxes, duties,

tolls and fees levied and collected by the StateGovernment for such purposes and subject to suchconditions and limits;

Municipalities from the Consolidated Fund of theState; and

(d) provide for constitution of such Funds for

crediting all moneys received, respectively, by or onbehalf of the Municipalities and also for thewithdrawal of such moneys therefrom,

as may be specified in the law.

243Y. (1) The Finance Commission constituted under

Article 243

I shall also review the financial position of theMunicipalities and make recommendations to theGovernor as to—

(a) the principles which should govern—

(i) the distribution between the State and the

Municipalities of the net proceeds of the taxes,Power to imposetaxes by, and Fundsof, theMunicipalities.

Finance

Commission.THE CONSTITUTION OF INDIA

(Part IXA. —The Municipalities.—Arts. 243W— 243Y.)144

duties, tolls and fees leviable by the State, which

may be divided between them under this Partand the allocation between the Municipalities atall levels of their respective shares of suchproceeds;

(ii) the determination of the taxes, duties, tolls

and fees which may be assigned to, orappropriated 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;

Commission by the Governor in the interests ofsound 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 takenthereon to be laid before the Legislature of the State.

243Z. The Legislature of a State may, by law, make

provisions with respect to the maintenance of accountsby the Municipalities and the auditing of such accounts.

243ZA. (1) The superintendence, direction and control

of the preparation of electoral rolls for, and the conductof, all elections to the Municipalities shall be vested inthe State Election Commission referred to in article 243K.

(2) Subject to the provisions of this Constitution, the

Legislature of a State may, by law, make provision withrespect to all matters relating to, or in connection with,elections to the Municipalities.

243ZB. The provisions of this Part shall apply to the

Union territories and shall, in their application to a Unionterritory, have effect as if the references to the Governorof a State were references to the Administrator of theUnion territory appointed under article 239 and referencesto the Legislature or the Legislative Assembly of a Statewere references in relation to a Union territory having aAudit of accountsof Municipalities.

Elections to the

Municipalities.

Application to

Union territories.THE CONSTITUTION OF INDIA

(Part IXA. —The Municipalities.—Arts. 243Y—243ZB.)145

Legislative Assembly, to that Legislative Assembly:

Provided that the President may, by public

notification, direct that the provisions of this Part shall

apply to any Union territory or part thereof subject to

such exceptions and modifications as he may specify inthe notification.

243ZC. (1) Nothing in this Part shall apply to the

Scheduled Areas referred to in clause (1), and the tribal

areas referred to in clause (2), of article 244.

(2) Nothing in this Part shall be construed to affect

the functions and powers of the Darjeeling Gorkha Hill

Council constituted under any law for the time being inforce for the hill areas of the district of Darjeeling in the

State of West Bengal.

(3) Notwithstanding anything in this Constitution,

Parliament may, by law, extend the provisions of thisPart 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 nosuch law shall be deemed to be an amendment of this

Constitution for the purposes of article 368.

243ZD. (1) There shall be constituted in every State

at the district level a District Planning Committee toconsolidate the plans prepared by the Panchayats and

the Municipalities in the district and to prepare a draft

development plan for the district as a whole.

(2) The Legislature of a State may, by law, make

provision with respect to—

(a) the composition of the District Planning

Committees;

(b) the manner in which the seats in such

Committees shall be filled:

Provided that not less than four-fifths of the total

number of members of such Committee shall beelected by, and from amongst, the elected members

of the Panchayat at the district level and of theMunicipalities in the district in proportion to the ratioPart not to apply

to certain areas.

Committee for

district planning.THE CONSTITUTION OF INDIA

(Part IXA. —The Municipalities.—Arts. 243ZB— 243ZD.)146

between the population of the rural areas and of the

urban areas in the district;

may be assigned to such Committees;

(d) the manner in which the Chairpersons of such

Committees shall be chosen.

(3) Every District Planning Committee shall, in

preparing the draft development plan,—

(a) have regard to—

(i) matters of common interest between the

Panchayats and the Municipalities includingspatial planning, sharing of water and other

physical and natural resources, the integrated

development of infrastructure and environmentalconservation;

(ii) the extent and type of available resources

whether financial or otherwise;

(b) consult such institutions and organisations as

the Governor may, by order, specify.

(4) The Chairperson of every District Planning

Committee shall forward the development plan, as

recommended by such Committee, to the Government

of the State.

243ZE. (1) There shall be constituted in every

Metropolitan area a Metropolitan Planning Committee to

prepare a draft development plan for the Metropolitan

area as a whole.

(2) The Legislature of a State may, by law, make

provision with respect to—

(a) the composition of the Metropolitan Planning

Committees;

(b) the manner in which the seats in such

Committees shall be filled:

Provided that not less than two-thirds of the

members of such Committee shall be elected by,

and from amongst, the elected members of the

Municipalities and Chairpersons of the Panchayats in

the Metropolitan area in proportion to the ratioCommittee for

Metropolitanplanning.THE CONSTITUTION OF INDIA

(Part IXA. —The Municipalities.—Arts. 243ZD-243ZE.)147

between the population of the Municipalities and of the

Panchayats in that area;

Government of India and the Government of the Stateand of such organisations and Institutions as may bedeemed necessary for carrying out the functionsassigned to such Committees;

(d) the functions relating to planning and

coordination for the Metropolitan area which maybe 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, includingco-ordinated spatial planning of the area, sharingof water and other physical and natural resources,the integrated development of infrastructure andenvironmental conservation;

(iii) the overall objectives and priorities set by

the Government of India and the Government ofthe State;

(iv) the extent and nature of investments likely

to be made in the Metropolitan area by agenciesof the Government of India and of the Governmentof the State and other available resources whetherfinancial 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, asrecommended by such Committee, to the Government ofthe State.THE CONSTITUTION OF INDIA

(Part IXA. —The Municipalities.—Art. 243ZE.)148

243ZF. Notwithstanding anything in this Part, any

provision of any law relating to Municipalities in forcein a State immediately before the commencement of theConstitution (Seventy-fourth Amendment) Act, 1992,which is inconsistent with the provisions of this Part,shall continue to be in force until amended or repealedby a competent Legislature or other competent authorityor until the expiration of one year from suchcommencement, whichever is earlier:

Provided that all the Municipalities existing

immediately before such commencement shall continuetill the expiration of their duration, unless soonerdissolved by a resolution passed to that effect by theLegislative Assembly of that State or, in the case of aState having a Legislative Council, by each House of theLegislature of that State.

243ZG. Notwithstanding anything in this

Constitution,—

(a) the validity of any law relating to the

delimitation of constituencies or the allotment of seatsto such constituencies, made or purporting to bemade under article 243ZA shall not be called inquestion in any court;

(b) no election to any Municipality shall be called

in question except by an election petition presentedto such authority and in such manner as is providedfor by or under any law made by the Legislature ofa State.]Continuance ofexisting laws andMunicipalities.

Bar to interference

by courts inelectoral matters.THE CONSTITUTION OF INDIA

(Part IXA. —The Municipalities.—Arts. 243ZF-243ZG.)149

PART X

THE SCHEDULED AND TRIBAL AREAS

244. (1) The provisions of the Fifth Schedule shall

apply to the administration and control of the ScheduledAreas and Scheduled Tribes in any State

1*** other than

2[the States of Assam 3[,4[Meghalaya, Tripura and

Mizoram]]].

(2) The provisions of the Sixth Schedule shall apply

to the administration of the tribal areas in 2[the States of

Assam 3[, 5[Meghalaya, Tripura and Mizoram]]].

6[244A. (1) Notwithstanding anything in this

Constitution, Parliament may, by law, form within theState of Assam an autonomous State comprising (whetherwholly or in part) all or any of the tribal areas specifiedin

7[Part I] of the table appended to paragraph 20 of the

Sixth Schedule and create therefor—

(a) a body, whether elected or partly nominated

and partly elected, to function as a Legislature forthe 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.

150Administration of

Scheduled Areasand Tribal Areas.

1The words and letters “specified in Part A or Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for

“the State of Assam” (w.e.f. 21-1-1972).

3Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for “and Meghalaya”

(w.e.f. 1-4-1985).

4Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for “Meghalaya and

Tripura” (w.e.f. 20-2-1987).

5Subs. by s. 39, ibid., for “Meghalaya and Tripura and the Union Territory of

Mizoram”(w.e.f. 20-2-1987).

6Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 2.

7Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for

“Part A” (w .e.f. 21-1-1972).Formation of an

autonomous Statecomprising certaintribal areas inAssam and creationof local Legislatureor Council of

Ministers or both

therefor.

(2) Any such law as is referred to in clause (1) may,

in particular,—

(a) specify the matters enumerated in the State

List or the Concurrent List with respect to which theLegislature of the autonomous State shall have powerto make laws for the whole or any part thereof,whether to the exclusion of the Legislature of theState of Assam or otherwise;

(b) define the matters with respect to which the

executive power of the autonomous State shallextend;

Assam shall be assigned to the autonomous State inso far as the proceeds thereof are attributable to theautonomous State;

(d) provide that any reference to a State in any

article of this Constitution shall be construed asincluding a reference to the autonomous State; and

(e) make such supplemental, incidental and

consequential provisions as may be deemednecessary.

(3) An amendment of any such law as aforesaid in

so far as such amendment relates to any of the mattersspecified in sub-clause ( a) or sub-clause ( b) of clause (2)

shall have no effect unless the amendment is passed ineach House of Parliament by not less than two-thirds ofthe 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 Constitutionfor the purposes of article 368 notwithstanding that itcontains any provision which amends or has the effectof amending this Constitution.]THE CONSTITUTION OF INDIA

(Part X. —The Scheduled and Tribal Areas. —Art. 244A.)151

PART XI

RELATIONS BETWEEN THE UNION AND

THE STATES

CHAPTER I.—L EGISLATIVE RELATIONS

Distribution of Legislative Powers

245. (1) Subject to the provisions of this Constitution,

Parliament may make laws for the whole or any part ofthe territory of India, and the Legislature of a State maymake laws for the whole or any part of the State.

(2) No law made by Parliament shall be deemed to be

invalid on the ground that it would have extra-territorialoperation.

246. (1) Notwithstanding anything in clauses (2) and

(3), Parliament has exclusive power to make laws withrespect to any of the matters enumerated in List I in theSeventh Schedule (in this Constitution referred to as the“Union List”).

(2) Notwithstanding anything in clause (3),

Parliament, and, subject to clause (1), the Legislature ofany State

1*** also, have power to make laws with respect

to any of the matters enumerated in List III in the SeventhSchedule (in this Constitution referred to as the“Concurrent List”).

(3) Subject to clauses (1) and (2), the Legislature of

any State

1*** has exclusive power to make laws for such

State or any part thereof with respect to any of the mattersenumerated in List II in the Seventh Schedule (in thisConstitution referred to as the “State List”).

(4) Parliament has power to make laws with respect

to any matter for any part of the territory of India notincluded

2[in a State] notwithstanding that such matter is

a matter enumerated in the State List.

1521The words and letters “specified in Part A or Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2Subs. by s. 29 and Sch., ibid. , for “ in Part A or Part B of the First Schedule”.Extent of laws

made byParliament andby theLegislatures ofStates.

Subject-matter of

laws made byParliament and bythe Legislatures ofStates.

247. Notwithstanding anything in this Chapter,

Parliament may by law provide for the establishment ofany additional courts for the better administration oflaws made by Parliament or of any existing laws withrespect to a matter enumerated in the Union List.

248. (1) Parliament has exclusive power to make any

law with respect to any matter not enumerated in theConcurrent List or State List.

(2) Such power shall include the power of making

any law imposing a tax not mentioned in either of thoseLists.

249. (1) Notwithstanding anything in the foregoing

provisions of this Chapter, if the Council of States hasdeclared by resolution supported by not less than two-thirds of the members present and voting that it isnecessary or expedient in the national interest thatParliament should make laws with respect to any matterenumerated in the State List specified in the resolution,it shall be lawful for Parliament to make laws for thewhole or any part of the territory of India with respectto 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 maybe specified therein:

Provided that, if and so often as a resolution approving

the continuance in force of any such resolutionis passed in the manner provided in clause (1), suchresolution shall continue in force for a further period ofone year from the date on which under this clause itwould 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 ofthe incompetency, cease to have effect on the expirationof a period of six months after the resolution has ceasedto be in force, except as respects things done or omittedto be done before the expiration of the said period.Power ofParliament toprovide for theestablishment ofcertain additionalcourts.

Residuary powers

of legislation.

Power of

Parliament tolegislate withrespect to amatter in theState List in the

national interest.THE CONSTITUTION OF INDIA

(Part XI. —Relations between the Union and the States.—

Arts. 247—249.)153

250. (1) Notwithstanding anything in this Chapter,

Parliament shall, while a Proclamation of Emergency isin operation, have power to make laws for the whole orany part of the territory of India with respect to any of thematters enumerated in the State List.

(2) A law made by Parliament which Parliament

would not but for the issue of a Proclamation ofEmergency 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 Proclamationhas ceased to operate, except as respects things done oromitted to be done before the expiration of the saidperiod.

251. Nothing in articles 249 and 250 shall restrict the

power of the Legislature of a State to make any lawwhich under this Constitution it has power to make, butif any provision of a law made by the Legislature of aState 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 theLegislature of the State, shall prevail, and the law madeby the Legislature of the State shall to the extent of therepugnancy, but so long only as the law made by

Parliament continues to have effect, be inoperative.

252. (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 shouldbe regulated in such States by Parliament by law, and ifresolutions to that effect are passed by all the Houses ofthe Legislatures of those States, it shall be lawful forParliament 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 adoptedafterwards by resolution passed in that behalf by theHouse or, where there are two Houses, by each of theHouses of the Legislature of that State.Power of

Parliament tolegislate withrespect to anymatter in the StateList if aProclamation ofEmergency is inoperation.

Inconsistency

between lawsmade byParliament underarticles 249 and250 and lawsmade by theLegislatures ofStates.

Power of

Parliament tolegislate for twoor more States byconsent andadoption of suchlegislation by anyother State.154 THE CONSTITUTION OF INDIA

(Part XI. —Relations between the Union and the States.—

Arts. 250—252 .)

(2) Any Act so passed by Parliament may be amended

or repealed by an Act of Parliament passed or adopted in

like manner but shall not, as respects any State to which

it applies, be amended or repealed by an Act of the

Legislature of that State.

253. Notwithstanding anything in the foregoing

provisions of this Chapter, Parliament has power to make

any law for the whole or any part of the territory of India

for implementing any treaty, agreement or convention

with any other country or countries or any decision made

at any international conference, association or other body.

254. (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 lawmade by Parliament, whether passed before or after the

law made by the Legislature of such State, or, as the case

may be, the existing law, shall prevail and the law made

by the Legislature of the State shall, to the extent of the

repugnancy, be void.

(2) Where a law made by the Legislature of a State

1*** with respect to one of the matters enumerated in the

Concurrent List contains any provision repugnant to the

provisions of an earlier law made by Parliament or an

existing law with respect to that matter, then, the law so

made by the Legislature of such State shall, if it has been

reserved for the consideration of the President and has

received his assent, prevail in that State:

Provided that nothing in this clause shall prevent

Parliament from enacting at any time any law with respect

to the same matter including a law adding to, amending,

varying or repealing the law so made by the Legislature

of the State.Legislation for

giving effect tointernationalagreements.

Inconsistency

between lawsmade byParliament andlaws made by theLegislatures ofStates.

1The words and letters “specified in Part A or Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part XI. —Relations between the Union and the States.—

Arts. 252—254 .)155

255. No Act of Parliament or of the Legislature of a

State 1***, and no provision in any such Act, shall be

invalid by reason only that some recommendation orprevious sanction required by this Constitution was notgiven, if assent to that Act was given—

(a) where the recommendation required was that

of the Governor, either by the Governor or by thePresident;

(b) where the recommendation required was that

of the Rajpramukh, either by the Rajpramukh or bythe President;

sanction required was that of the President, by thePresident.

HAPTER II.—A DMINISTRATIVE RELATIONS

General

256. The executive power of every State shall be so

exercised as to ensure compliance with the laws made byParliament and any existing laws which apply in thatState, and the executive power of the Union shall extendto the giving of such directions to a State as may appearto the Government of India to be necessary for thatpurpose.

257. (1) The executive power of every State shall be so

exercised as not to impede or prejudice the exercise ofthe executive power of the Union, and the executivepower of the Union shall extend to the giving of suchdirections to a State as may appear to the Government ofIndia to be necessary for that purpose.

(2) The executive power of the Union shall also

extend to the giving of directions to a State as to theconstruction and maintenance of means of communicationRequirements as torecommendationsand previoussanctions to beregarded as mattersof procedure only.

1The words and letters “specified in Part A or Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.Obligation of

States and theUnion.

Control of the

Union over Statesin certain cases.156 THE CONSTITUTION OF INDIA

(Part XI. —Relations between the Union and the States.—

Arts. 255—257 .)

declared in the direction to be of national or military

importance:

Provided that nothing in this clause shall be taken

as restricting the power of Parliament to declarehighways or waterways to be national highways ornational waterways or the power of the Union withrespect to the highways or waterways so declared or thepower of the Union to construct and maintain means ofcommunication as part of its functions with respect tonaval, military and air force works.

(3) The executive power of the Union shall also

extend to the giving of directions to a State as to themeasures to be taken for the protection of the railwayswithin the State.

(4) Where in carrying out any direction given to a

State under clause (2) as to the construction ormaintenance of any means of communication or underclause (3) as to the measures to be taken for the protectionof any railway, costs have been incurred in excess ofthose which would have been incurred in the dischargeof the normal duties of the State if such direction hadnot been given, there shall be paid by the Governmentof India to the State such sum as may be agreed, or, indefault of agreement, as may be determined by anarbitrator appointed by the Chief Justice of India, inrespect of the extra costs so incurred by the State.

1257A. [Assistance to States by deployment of armed forces

or other forces of the Union. ] Rep. by the Constitution (Forty-

fourth Amendment) Act, 1978, s. 33 ( w.e.f. 20-6-1979).

258. (1) Notwithstanding anything in this

Constitution, the President may, with the consent of theGovernment of a State, entrust either conditionally orunconditionally to that Government or to its officersfunctions in relation to any matter to which the executivepower of the Union extends.Power of the Unionto confer powers,etc., on States incertain cases.

1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 43 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA

(Part XI. —Relations between the Union and the States.—

Arts. 257—258 .)157

(2) A law made by Parliament which applies in any

State may, notwithstanding that it relates to a matter with

respect to which the Legislature of the State has no powerto make laws, confer powers and impose duties, orauthorise the conferring of powers and the imposition ofduties, 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 officersor authorities thereof, there shall be paid by theGovernment 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 incurredby the State in connection with the exercise of thosepowers and duties.

1[258A. Notwithstanding anything in this

Constitution, the Governor of a State may, with theconsent of the Government of India, entrust eitherconditionally 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 Sch.

260. The Government of India may by agreement

with the Government of any territory not being part of

the territory of India undertake any executive, legislativeor judicial functions vested in the Government of suchterritory, but every such agreement shall be subject to,and governed by, any law relating to the exercise offoreign jurisdiction for the time being in force.

261. (1) Full faith and credit shall be given throughout

the territory of India to public acts, records and judicialproceedings of the Union and of every State.Power of the

States to entrustfunctions to theUnion.

Jurisdiction of the

Union in relationto territoriesoutside India.

Public acts, records

and judicialproceedings.

1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 18.158 THE CONSTITUTION OF INDIA

(Part XI. —Relations between the Union and the States.—

Arts. 258—261 .)

(2) The manner in which and the conditions under

which the acts, records and proceedings referred to in

clause (1) shall be proved and the effect thereof

determined shall be as provided by law made by

Parliament.

(3) Final judgments or orders delivered or passed by

civil courts in any part of the territory of India shall be

capable of execution anywhere within that territory

according to law.

Disputes relating to Waters

262. (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. If at any time it appears to the President that the

public interests would be served by the establishment of

a Council charged with the duty of—

(a) inquiring into and advising upon disputes

which may have arisen between States;

(b) investigating and discussing subjects in which

some or all of the States, or the Union and one or

more of the States, have a common interest; or

subject and, in particular, recommendations for the

better co-ordination of policy and action with respect

to that subject,

it shall be lawful for the President by order to establish

such a Council, and to define the nature of the duties to

be performed by it and its organisation and procedure.Adjudication of

disputes relatingto waters of inter-State rivers orriver valleys.

Provisions with

respect to aninter-StateCouncil.THE CONSTITUTION OF INDIA

(Part XI. —Relations between the Union and the States.—

Arts. 261—263 .)159

PART XII

FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER I.—F INANCE

General

1[264. In this Part, “Finance Commission” means a

Finance Commission constituted under article 280.]

265. No tax shall be levied or collected except by

authority of law.

266. (1) Subject to the provisions of article 267 and to

the provisions of this Chapter with respect to the

assignment of the whole or part of the net proceeds of

certain taxes and duties to States, all revenues received

by the Government of India, all loans raised by that

Government by the issue of treasury bills, loans or ways

and means advances and all moneys received by that

Government in repayment of loans shall form one

consolidated fund to be entitled “the Consolidated Fund

of India”, and all revenues received by the Government

of a State, all loans raised by that Government by the

issue of treasury bills, loans or ways and means advances

and all moneys received by that Government in

repayment of loans shall form one consolidated fund to

be entitled “the Consolidated Fund of the State”.

(2) All other public moneys received by or on behalf

of the Government of India or the Government of a State

shall be credited to the public account of India or the

public account of the State, as the case may be.

(3) No moneys out of the Consolidated Fund of India

or the Consolidated Fund of a State shall be appropriated

except in accordance with law and for the purposes and

in the manner provided in this Constitution.

160Interpretation.

Taxes not to be

imposed save byauthority of law.

Consolidated

Funds and publicaccounts of Indiaand of the States.

1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for art. 264.

267. (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 bedetermined by such law, and the said Fund shall beplaced at the disposal of the President to enable advancesto be made by him out of such Fund for the purposes ofmeeting 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 beentitled “the Contingency Fund of the State” into whichshall be paid from time to time such sums as may bedetermined by such law, and the said Fund shall beplaced at the disposal of the Governor

1***of the State

to enable advances to be made by him out of such Fund

for the purposes of meeting unforeseen expenditure

pending authorisation of such expenditure by theLegislature of the State by law under article 205 orarticle 206.

Distribution of Revenues between the

Union and the States

268. (1) Such stamp duties and such duties of excise

on medicinal and toilet preparations as are mentioned inthe Union List shall be levied by the Government ofIndia but shall be collected—

(a) in the case where such duties are leviable

within any

2[Union territory], by the Government of

India, and

(b) in other cases, by the States within which such

duties are respectively leviable.Contingency Fund.

Duties levied by

the Union butcollected andappropriated bythe States.

1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.

2Subs. by s. 29 and Sch., ibid., for “State specified in Part C of the First Schedule”.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 267-268.)161

(2) The proceeds in any financial year of any such

duty leviable within any State shall not form part of the

Consolidated Fund of India, but shall be assigned to that

State.

*[268A. (1) Taxes on services shall be levied by the

Government of India and such tax shall be collected and

appropriated by the Government of India and the States

in the manner provided in clause (2).

(2) The proceeds in any financial year of any such tax

levied in accordance with the provisions of clause (1)

shall be—

(a) collected by the Government of India and the

States;

(b) appropriated by the Government of India and

the States,

in accordance with such principles of collection and

appropriation as may be formulated by Parliament by

law.]

269. 1[(1) Taxes on the sale or purchase of goods and

taxes on the consignment of goods shall be levied andcollected by the Government of India but shall be assigned

and shall be deemed to have been assigned to the States

on or after the 1st day of April, 1996 in the mannerprovided in clause (2).

Explanation .—For the purposes of this clause,—

(a) the expression “taxes on the sale or purchase

of goods” shall mean taxes on sale or purchase ofgoods other than newspapers, where such sale or

purchase takes place in the course of inter-State trade

or commerce;

(b) the expression “taxes on the consignment of

goods” shall mean taxes on the consignment of goods

(whether the consignment is to the person making itor to any other person), where such consignment

takes place in the course of inter-State trade or

commerce.Service tax levied by

Union and collectedand appropriated bythe Union and theStates.

Taxes levied and

collected by theUnion but assignedto the States.

*Ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 2 (which is yet not in

force, date to be notified later on).

1Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 2, for cls. (1) and (2).THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 268-269.)162

(2) The net proceeds in any financial year of any such

tax, except in so far as those proceeds represent proceeds

attributable to Union territories, shall not form part of the

Consolidated Fund of India, but shall be assigned to the

States within which that tax is leviable in that year, and

shall be distributed among those States in accordance

with such principles of distribution as may be formulated

by Parliament by law.]

1[(3) Parliament may by law formulate principles for

determining when a 2[sale or purchase of, or consignment

of, goods] takes place in the course of inter-State trade or

commerce.]

3[270. (1) All taxes and duties referred to in the Union

List, except the duties and taxes referred to in articles

*[268 and 269], respectively, surcharge on taxes and duties

referred to in article 271 and any cess levied for specific

purposes under any law made by Parliament shall be

levied and collected by the Government of India and

shall be distributed between the Union and the States in

the manner provided in clause (2).

(2) Such percentage, as may be prescribed, of the net

proceeds of any such tax or duty in any financial year

shall not form part of the Consolidated Fund of India,

but shall be assigned to the States within which that tax

or duty is leviable in that year, and shall be distributed

among those States in such manner and from such time

as may be prescribed in the manner provided in

clause (3).

(3) In this article, “prescribed” means, —

(i) until a Finance Commission has been

constituted, prescribed by the President by order,

and

(ii) after a Finance Commission has been

constituted, prescribed by the President by order

after considering the recommendations of the

Finance Commission.]Taxes levied and

distributed betweenthe Union and theStates.

1Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 3.

2Subs by the Constitution (Forty-sixth Amendment) Act, 1982, s. 2, for “sale or purchase

of goods”.

3Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 3, for art. 270 (w.e.f.

1-4-1996).

*The words and figures in brackets shall stand substituted as “articles 268, 268A and

269” by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 3 (which is yet not inforce, date to be notified later on).THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 269-270.)163

271. Notwithstanding anything in articles 269 and

270, Parliament may at any time increase any of theduties or taxes referred to in those articles by a surcharge

for purposes of the Union and the whole proceeds of any

such surcharge shall form part of the Consolidated Fundof India.

272. [Taxes which are levied and collected by the Union

and may be distributed between the Union and the States.]Rep. by the Constitution (Eightieth Amendment) Act , 2000 ,

s. 4.

273. (1) There shall be charged on the Consolidated

Fund of India in each year as grants-in-aid of the revenues

of the States of Assam, Bihar, Orissa and West Bengal, inlieu 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 Constitutionwhichever is earlier.

(3) In this article, the expression “prescribed” has

the same meaning as in article 270.

274. (1) No Bill or amendment which imposes or varies

any tax or duty in which States are interested, orwhich 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 principleson which under any of the foregoing provisions of this

Chapter moneys: are or may be distributable to States, or

General Provisions

which imposes any such surcharge for the purposes ofthe Union as is mentioned in the foregoing provisions of

this Chapter, shall be introduced or moved in either

House of Parliament except on the recommendation ofthe 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; orSurcharge on

certain duties andtaxes for purposesof the Union.

Grants in lieu of

export duty on juteand jute products.

Prior

recommendation ofPresident requiredto Bills affectingtaxation in whichStates areinterested.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 271—274.)164

(b) a tax or duty by reference to the net proceeds

whereof sums are for the time being payable out ofthe Consolidated Fund of India to any State.

275. (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 therevenues of a State such capital and recurring sums asmay be necessary to enable that State to meet the costs ofsuch schemes of development as may be undertaken by

the State with the approval of the Government of India

for the purpose of promoting the welfare of the ScheduledTribes in that State or raising the level of administrationof the Scheduled Areas therein to that of theadministration 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 therevenues of the State of Assam sums, capital and recurring,

equivalent to—

(a) the average excess of expenditure over the

revenues during the two years immediately preceding

the commencement of this Constitution in respect ofthe administration of the tribal areas specified in

1[Part I] of the table appended to paragraph 20 of the

Sixth Schedule; and

(b) the costs of such schemes of development as

may be undertaken by that State with the approvalof the Government of India for the purpose of raisingGrants from the

Union to certainStates.

1Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for

“Part A” (w .e.f. 21-1-1972).THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 274-275.)165

the level of administration of the said areas to that of

the administration of the rest of the areas of that

State.

1[(1A) On and from the formation of the autonomous

State under article 244A,—

(i) any sums payable under clause ( a) of the

second proviso to clause (1) shall, if the

autonomous State comprises all the tribal areas

referred to therein, be paid to the autonomous State,and, if the autonomous State comprises only someof those tribal areas, be apportioned between theState of Assam and the autonomous State as thePresident may, by order, specify;

(ii) there shall be paid out of the Consolidated

Fund of India as grants-in-aid of the revenues ofthe autonomous State sums, capital and recurring,

equivalent to the costs of such schemes of

development as may be undertaken by theautonomous State with the approval of theGovernment of India for the purpose of raisingthe level of administration of that State to thatof 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 clauseshall have effect subject to any provision so made byParliament:

Provided that after a Finance Commission has been

constituted no order shall be made under this clauseby the President except after considering therecommendations of the Finance Commission.

1Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 3.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Art. 275.)166

276. (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 ofprofessions, trades, callings or employments shall beinvalid 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, districtboard, local board or other local authority in the State byway of taxes on professions, trades, callings and

employments shall not exceed

1[two thousand and five

hundred rupees] per annum.

2* * * *

(3) The power of the Legislature of a State to make

laws as aforesaid with respect to taxes on professions,trades, callings and employments shall not be construed

as limiting in any way the power of Parliament to make

laws with respect to taxes on income accruing from orarising out of professions, trades, callings andemployments.

277. Any taxes, duties, cesses or fees which,

immediately before the commencement of thisConstitution, were being lawfully levied by theGovernment of any State or by any municipality or otherlocal authority or body for the purposes of the State,

municipality, district or other local area may,

notwithstanding that those taxes, duties, cesses or feesare mentioned in the Union List, continue to be leviedand to be applied to the same purposes until provisionto 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, s. 29 and Sch.Taxes on

professions, trades,callings andemployments.

Savings.

1Subs. by the Constitution (Sixtieth Amendment) Act, 1988, s. 2, for “two hundred and

fifty rupees”.

2Proviso omitted by s. 2, ibid.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 276—278.)167

279. (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 forthe purposes of those provisions the net proceeds of anytax or duty, or of any part of any tax or duty, in orattributable to any area shall be ascertained and certifiedby 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 whichthe proceeds are to be calculated, for the time from or atwhich and the manner in which any payments are to bemade, for the making of adjustments between one

financial year and another, and for any other incidental

or ancillary matters.

280. (1) The President shall, within two years from

the commencement of this Constitution and thereafter atthe expiration of every fifth year or at such earlier timeas the President considers necessary, by order constitutea Finance Commission which shall consist of aChairman and four other members to be appointed by

the President.

(2) Parliament may by law determine the

qualifications which shall be requisite for appointment

as members of the Commission and the manner in whichthey shall be selected.

(3) It shall be the duty of the Commission to make

recommendations to the President as to—

(a) the distribution between the Union and the

States of the net proceeds of taxes which are to be, ormay be, divided between them under this Chapterand the allocation between the States of the respectiveshares of such proceeds;

(b) the principles which should govern the grants-

in-aid of the revenues of the States out of the

Consolidated Fund of India;Calculation of “net

proceeds”, etc.

Finance

Commission.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 279-280.)168

1[(bb) the measures needed to augment the

Consolidated Fund of a State to supplement theresources of the Panchayats in the State on the basisof the recommendations made by the FinanceCommission of the State;]

2[(c) the measures needed to augment the

Consolidated Fund of a State to supplement theresources of the Municipalities in the State on thebasis of the recommendations made by the FinanceCommission of the State;]

3[(d)] any other matter referred to the Commission

by the President in the interests of sound finance.

(4) The Commission shall determine their procedure

and shall have such powers in the performance of theirfunctions as Parliament may by law confer on them.

281. The President shall cause every recommendation

made by the Finance Commission under the provisions ofthis Constitution together with an explanatorymemorandum as to the action taken thereon to be laidbefore each House of Parliament.

Miscellaneous Financial Provisions

282. The Union or a State may make any grants for

any public purpose, notwithstanding that the purpose isnot one with respect to which Parliament or theLegislature of the State, as the case may be, may makelaws.

283. (1) The custody of the Consolidated Fund of

India and the Contingency Fund of India, the paymentof moneys into such Funds, the withdrawal of moneystherefrom, the custody of public moneys other than thosecredited to such Funds received by or on behalf of theGovernment of India, their payment into the publicaccount of India and the withdrawal of moneys fromsuch account and all other matters connected with orRecommendationsof the FinanceCommission.

Expenditure

defrayable by theUnion or a Stateout of its revenues.

Custody, etc., of

ConsolidatedFunds, ContingencyFunds and moneyscredited to thepublic accounts.

1Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 3 (w.e.f. 24-4-1993).

2Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 3 (w.e.f. 1-6-1993).

3Sub-clause ( c) re-lettered as sub-clause ( d) by s. 3, ibid. (w.e.f. 1-6-1993).THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 280—283.)169

ancillary to matters aforesaid shall be regulated by law

made by Parliament, and, until provision in that behalf

is so made, shall be regulated by rules made by the

President.

(2) The custody of the Consolidated Fund of a State

and the Contingency Fund of a State, the payment ofmoneys into such Funds, the withdrawal of moneystherefrom, the custody of public moneys other than thosecredited to such Funds received by or on behalf of the

Government of the State, their payment into the public

account of the State and the withdrawal of moneys fromsuch account and all other matters connected with orancillary to matters aforesaid shall be regulated by lawmade by the Legislature of the State, and, until provisionin that behalf is so made, shall be regulated by rules

made by the Governor

1*** of the State.

284. 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 assuch, other than revenues or public moneys raisedor received by the Government of India or the

Government of the State, as the case may be, or

(b) any court within the territory of India to the

credit of any cause, matter, account or persons,

shall be paid into the public account of India or the

public account of State, as the case may be.

285. (1) The property of the Union shall, save in so

far as Parliament may by law otherwise provide, be exemptfrom all taxes imposed by a State or by any authority

within a State.

(2) Nothing in clause (1) shall, until Parliament by

law otherwise provides, prevent any authority within aState from levying any tax on any property of the Unionto which such property was immediately before thecommencement of this Constitution liable or treated as

liable, so long as that tax continues to be levied in that

State.Custody of

suitors’ depositsand other moneysreceived by publicservants andcourts.

Exemption of

property of theUnion from Statetaxation.

1The words “or Rajpramukh“ omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 283—285.)170

286. (1) No law of a State shall impose, or authorise

the imposition of, a tax on the sale or purchase of goods

where such sale or purchase takes place—

(a) outside the State; or

(b) in the course of the import of the goods into,

or export of the goods out of, the territory of India.

1* * * *

2[(2) Parliament may by law formulate principles for

determining when a sale or purchase of goods takes place

in any of the ways mentioned in clause (1).

3[(3) Any law of a State shall, in so far as it imposes,

or authorises the imposition of,—

(a) a tax on the sale or purchase of goods declared

by Parliament by law to be of special importance ininter-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 (29A) of

article 366,

be subject to such restrictions and conditions in regard to

the system of levy, rates and other incidents of the tax asParliament may by law specify.]]

287. 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 orsale of electricity (whether produced by a Government orother persons) which is—

(a) consumed by the Government of India, or sold

to the Government of India for consumption by thatGovernment; or

(b) consumed in the construction, maintenance

or operation of any railway by the Government ofIndia or a railway company operating that railway,

or sold to that Government or any such railwayRestrictions as to

imposition of taxon the sale orpurchase of goods.

Exemption from

taxes on electricity.

1Explanation to cl. (1) omitted by the Constitution (Sixth Amendment) Act, 1956, s. 4.

2Subs. by s. 4, ibid., for cls. (2) and (3).

3Subs. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 3, for cl. (3).THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 286-287.)171

company for consumption in the construction,

maintenance or operation of any railway,

and any such law imposing, or authorising the

imposition of, a tax on the sale of electricity shall secure

that the price of electricity sold to the Government of

India for consumption by that Government, or to any

such railway company as aforesaid for consumption in

the construction, maintenance or operation of any railway,

shall be less by the amount of the tax than the price

charged to other consumers of a substantial quantity of

electricity.

288. (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. (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 provideExemption fromtaxation by Statesin respect of wateror electricity incertain cases.

Exemption of

property andincome of a Statefrom Uniontaxation.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 287—289.)172

in respect of a trade or business of any kind carried on

by, or on behalf of, the Government of a State, or anyoperations 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. Where under the provisions of this Constitution

the expenses of any court or Commission, or the pension

payable to or in respect of a person who has served

before the commencement of this Constitution under the

Crown in India or after such commencement in connection

with the affairs of the Union or of a State, are charged on

the Consolidated Fund of India or the Consolidated Fund

of a State, then, if—

(a) in the case of a charge on the Consolidated

Fund of India, the court or Commission serves any

of the separate needs of a State, or the person has

served wholly or in part in connection with the affairs

of a State; or

(b) in the case of a charge on the Consolidated

Fund of a State, the court or Commission serves any

of the separate needs of the Union or another State,

or the person has served wholly or in part in

connection with the affairs of the Union or another

State,

there shall be charged on and paid out of the

Consolidated Fund of the State or, as the case may be, the

Consolidated Fund of India or the Consolidated Fund of

the other State, such contribution in respect of the

expenses or pension as may be agreed, or as may in

default of agreement be determined by an arbitrator to be

appointed by the Chief Justice of India.

1[290A. A sum of forty-six lakhs and fifty thousand

rupees shall be charged on, and paid out of, the

Consolidated Fund of the State of Kerala every year toAdjustment inrespect of certainexpenses andpensions.

Annual payment to

certain DevaswomFunds.

1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 19.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 289—290 A.)173

the Travancore Devaswom Fund; and a sum of thirteen

lakhs and fifty thousand rupees shall be charged on, and

paid out of, the Consolidated Fund of the State of 1[Tamil

Nadu] every year to the Devaswom Fund established inthat State for the maintenance of Hindu temples and

shrines in the territories transferred to that State on the

1st day of November, 1956, from the State of Travancore-Cochin.]

291. [Privy purse sums of Rulers. ] Rep. by the Constitution

(Twenty-sixth Amendment) Act, 197l, s. 2.

HAPTER II.—B ORROWING

292. The executive power of the Union extends to

borrowing upon the security of the Consolidated Fund of

India within such limits, if any, as may from time to timebe fixed by Parliament by law and to the giving ofguarantees within such limits, if any, as may be so fixed.

293. (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 fromtime to time be fixed by the Legislature of such State bylaw 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 suchloans 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 tothe State by the Government of India or by its predecessorGovernment, or in respect of which a guarantee has beengiven by the Government of India or by its predecessor

Government.Borrowing by the

Government ofIndia.

1Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for

“Madras” (w.e.f. 14-1-1969).Borrowing by

States.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 290A—293.)174

(4) A consent under clause (3) may be granted subject

to such conditions, if any, as the Government of Indiamay think fit to impose.

HAPTER III.—P ROPERTY , CONTRACTS , RIGHTS ,

LIABILITIES , OBLIGATIONS AND SUITS

294. As from the commencement of this

Constitution—

(a) all property and assets which immediately

before such commencement were vested in His

Majesty for the purposes of the Government of the

Dominion of India and all property and assets which

immediately before such commencement were vested

in His Majesty for the purposes of the Government

of each Governor’s Province shall vest respectively

in the Union and the corresponding State, and

(b) all rights, liabilities and obligations of the

Government of the Dominion of India and of the

Government of each Governor’s Province, whether

arising out of any contract or otherwise, shall be the

rights, liabilities and obligations respectively of the

Government of India and the Government of each

corresponding State,

subject to any adjustment made or to be made by reason

of the creation before the commencement of this

Constitution of the Dominion of Pakistan or of the

Provinces of West Bengal, East Bengal, West Punjab and

East Punjab.

295. (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,

andSuccession to

property, assets,rights, liabilitiesand obligations incertain cases.

Succession to

property, assets,rights, liabilitiesand obligations inother cases.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 293—295.)175

(b) all rights, liabilities and obligations of the

Government of any Indian State corresponding to aState specified in Part B of the First Schedule, whetherarising 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 wereacquired or liabilities or obligations were incurred

before such commencement will thereafter be

purposes of the Government of India relating to anyof 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, liabilitiesand obligations, whether arising out of any contract or

otherwise, other than those referred to in clause (1).

296. 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 Majestyor, 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 insuch State, and shall, in any other case, vest in the Union:

Provided that any property which at the date when

it would have so accrued to His Majesty or to the Ruler

of an Indian State was in the possession or under the

control of the Government of India or the Governmentof a State shall, according as the purposes for which it

was then used or held were purposes of the Union or of

a State, vest in the Union or in that State.

Explanation.— In this article, the expressions “Ruler”

and “Indian State” have the same meanings as inarticle 363.Property accruing

by escheat or lapseor as bona vacantia.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 295-296.)176

1[297. (1) All lands, minerals and other things of value

underlying the ocean within the territorial waters, or the

continental shelf, or the exclusive economic zone, of India

shall vest in the Union and be held for the purposes ofthe Union.

(2) All other resources of the exclusive economic zone

of India shall also vest in the Union and be held for the

purposes of the Union.

(3) The limits of the territorial waters, the continental

shelf, the exclusive economic zone, and other maritimezones, of India shall be such as may be specified, fromtime to time, by or under any law made by Parliament.]

2[298. The executive power of the Union and of each

State shall extend to the carrying on of any trade orbusiness and to the acquisition, holding and disposal ofproperty 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 isnot one with respect to which Parliament may makelaws, 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 purposeis not one with respect to which the State Legislaturemay make laws, be subject to legislation by

Parliament.]

299. (1) All contracts made in the exercise of the

executive power of the Union or of a State shall beexpressed to be made by the President, or by theGovernor

3*** of the State, as the case may be, and all

such contracts and all assurances of property made in

the exercise of that power shall be executed on behalf ofThings of value

within territorialwaters orcontinental shelfand resources ofthe exclusiveeconomic zone tovest in the Union.

Contracts.

1Subs. by the Constitution (Fortieth Amendment) Act, 1976, s. 2, for art. 297 (w.e.f.

27-5-1976).

2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 20, for art. 298.

3The words “or the Rajpramukh“ omitted by s. 29 and Sch., ibid.Power to carry on

trade, etc.THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 297—299.)177

the President or the Governor 1*** by such persons and in

such manner as he may direct or authorise.

(2) Neither the President nor the Governor 2*** shall

be personally liable in respect of any contract or assurance

made or executed for the purposes of this Constitution,or for the purposes of any enactment relating to the

Government of India heretofore in force, nor shall any

person making or executing any such contract orassurance on behalf of any of them be personally liable

in respect thereof.

300. (1) The Government of India may sue or be sued

by the name of the Union of India and the Government

of a State may sue or be sued by the name of the State and

may, subject to any provisions which may be made byAct 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 thelike 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 beenenacted.

(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 Indiashall be deemed to be substituted for the Dominion

in those proceedings; and

(b) any legal proceedings are pending to which a

Province or an Indian State is a party, the

corresponding State shall be deemed to be substituted

for the Province or the Indian State in thoseproceedings.

3[CHAPTER IV.—R IGHT TO PROPERTY

300A. No person shall be deprived of his property

save by authority of law.]Suits and

proceedings.

Persons not to be

deprived ofproperty save byauthority of law.

1The words “or the Rajpramukh“ omitted by the Constitution (Seventh Amendment)

Act, 1956, s. 29 and Sch.

2The words “nor the Rajpramukh“ omitted by s. 29 and Sch., ibid.

3Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 34 (w.e.f.

20-6-1979).THE CONSTITUTION OF INDIA

(Part XII. —Finance, Property, Contracts and Suits. —

Arts. 299—300 A.)178

PART XIII

TRADE, COMMERCE AND INTERCOURSE

WITHIN THE TERRITORY OF INDIA

301. Subject to the other provisions of this Part, trade,

commerce and intercourse throughout the territory ofIndia shall be free.

302. Parliament may by law impose such restrictions

on the freedom of trade, commerce or intercoursebetween one State and another or within any part of theterritory of India as may be required in the public interest.

303. (1) Notwithstanding anything in article 302,

neither Parliament nor the Legislature of a State shallhave power to make any law giving, or authorising thegiving of, any preference to one State over another, ormaking, or authorising the making of, any discriminationbetween one State and another, by virtue of any entryrelating to trade and commerce in any of the Lists in theSeventh Schedule.

(2) Nothing in clause (1) shall prevent Parliament

from making any law giving, or authorising the givingof, any preference or making, or authorising the makingof, any discrimination if it is declared by such law thatit is necessary to do so for the purpose of dealing witha situation arising from scarcity of goods in any part ofthe territory of India.

304. Notwithstanding anything in article 301 or article

303, the Legislature of a State may by law—

(a) impose on goods imported from other States

1[or the Union territories] any tax to which similar

goods manufactured or produced in that State aresubject, so, however, as not to discriminate betweengoods so imported and goods so manufactured orproduced; and

179Freedom of trade,

commerce andintercourse.

Power of

Parliament toimpose restrictionson trade, commerceand intercourse.

Restrictions on the

legislative powersof the Union andof the States withregard to tradeand commerce.

Restrictions on

trade, commerceand intercourseamong States.

1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

(b) impose such reasonable restrictions on the

freedom of trade, commerce or intercourse with orwithin that State as may be required in the publicinterest:

Provided that no Bill or amendment for the purposes

of clause ( b) shall be introduced or moved in the

Legislature of a State without the previous sanction ofthe President.

1[305. Nothing in articles 301 and 303 shall affect

the provisions of any existing law except in so far as thePresident may by order otherwise direct; and nothing inarticle 301 shall affect the operation of any law madebefore the commencement of the Constitution (FourthAmendment) Act, 1955, in so far as it relates to, or preventParliament or the Legislature of a State from making anylaw 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, s. 29 and Sch.

307. Parliament may by law appoint such authority

as it considers appropriate for carrying out the purposesof articles 301, 302, 303 and 304, and confer on theauthority so appointed such powers and such duties asit thinks necessary.Saving of existinglaws and lawsproviding for Statemonopolies.

Appointment of

authority forcarrying out thepurposes of articles301 to 304.

1Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 4, for art. 305.THE CONSTITUTION OF INDIA

(Part XIII. —Trade, Commerce and Intercourse within the

Territory of India.—Arts. 304 —307.)180

PART XIV

SERVICES UNDER THE UNION AND THE STATES

CHAPTER I.—S ERVICES

308. In this Part, unless the context otherwise

requires, the expression “State” 1[does not include the

State of Jammu and Kashmir].

309. Subject to the provisions of this Constitution,

Acts of the appropriate Legislature may regulate therecruitment, and conditions of service of personsappointed, 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 servicesand posts in connection with the affairs of the Union,and for the Governor

2*** of a State or such person as he

may direct in the case of services and posts in connection

with the affairs of the State, to make rules regulating the

recruitment, and the conditions of service of personsappointed, to such services and posts until provision inthat behalf is made by or under an Act of the appropriateLegislature under this article, and any rules so madeshall have effect subject to the provisions of any such

Act.

310. (1) Except as expressly provided by this

Constitution, every person who is a member of a defenceservice or of a civil service of the Union or of anall-India service or holds any post connected with defenceor any civil post under the Union holds office during thepleasure 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 ofthe Governor

3*** of the State.

(2) Notwithstanding that a person holding a civil

post under the Union or a State holds office during the

181Interpretation.

Recruitment and

conditions ofservice of personsserving the Unionor a State.

Tenure of office of

persons serving theUnion or a State.

1 Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “means

a State specified in Part A or Part B of the First Schedule”.

2The words “or Rajpramukh” omitted by s. 29 and Sch., ibid.

3The words “or, as the case may be, the Rajpramukh” omitted by s. 29 and Sch., ibid.

pleasure of the President or, as the case may be, of the

Governor 1*** of the State, any contract under which a

person, not being a member of a defence service or of anall-India service or of a civil service of the Union or aState, is appointed under this Constitution to hold sucha post may, if the President or the Governor

2***, as the

case may be, deems it necessary in order to secure the

services of a person having special qualifications, provide

for the payment to him of compensation, if before theexpiration of an agreed period that post is abolished orhe is, for reasons not connected with any misconduct onhis part, required to vacate that post.

311. (1) No person who is a member of a civil service

of the Union or an all-India service or a civil serviceof a State or holds a civil post under the Union or aState shall be dismissed or removed by an authoritysubordinate to that by which he was appointed.

3[(2) No such person as aforesaid shall be dismissed

or removed or reduced in rank except after an inquiry inwhich he has been informed of the charges against himand given a reasonable opportunity of being heard inrespect of those charges

4***:

5[Provided that where it is proposed after such

inquiry, to impose upon him any such penalty, suchpenalty may be imposed on the basis of the evidenceadduced during such inquiry and it shall not be necessaryto give such person any opportunity of making represen-tation 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; orDismissal, removal

or reduction in rankof personsemployed in civilcapacities under theUnion or a State.

1The words “or the Rajpramukh” omitted by the Constitution (Seventh Amendment)

Act, 1956, s. 29 and Sch.

2The words “or the Rajpramukh” omitted by s. 29 and Sch., ibid.

3Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3).

4Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44

(w.e.f. 3-1-1977).

5Subs. by s. 44, ibid., for certain words (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA

(Part XIV. —Services under the Union and the States.—

Arts. 310—311.)182

(b) where the authority empowered to dismiss or

remove a person or to reduce him in rank is satisfied

that for some reason, to be recorded by that authorityin writing, it is not reasonably practicable to holdsuch inquiry; or

case may be, is satisfied that in the interest of the

security of the State it is not expedient to hold suchinquiry.

(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 removesuch person or to reduce him in rank shall be final.]

312. (1) Notwithstanding anything in

1[Chapter VI of

Part VI or Part XI], if the Council of States has declared

by resolution supported by not less than two-thirds of the

members present and voting that it is necessary orexpedient in the national interest so to do, Parliamentmay by law provide for the creation of one or more allIndia services

2[(including an all-India judicial service)]

common to the Union and the States, and, subject to the

other provisions of this Chapter, regulate the recruitment,

and the conditions of service of persons appointed, toany such service.

(2) The services known at the commencement of this

Constitution as the Indian Administrative Service and

the Indian Police Service shall be deemed to be services

created by Parliament under this article.

2[(3) The all-India judicial service referred to in clause

(1) shall not include any post inferior to that of a districtjudge as defined in article 236.

(4) The law providing for the creation of the

all-India judicial service aforesaid may contain such

provisions for the amendment of Chapter VI of Part VIAll-India services.

1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45, for “Part XI”

(w.e.f. 3-1-1977).

2Ins. by s. 45, ibid. (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA

(Part XIV. —Services under the Union and the States.—

Arts. 311—312.)183

as may be necessary for giving effect to the provisions of

that law and no such law shall be deemed to be an

amendment of this Constitution for the purposes ofarticle 368.]

1[312A. (1) Parliament may by law—

(a) vary or revoke, whether prospectively or

retrospectively, the conditions of services as respectsremuneration, leave and pension and the rights asrespects disciplinary matters of persons who, havingbeen appointed by the Secretary of State or Secretaryof 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 theConstitution (Twenty-eighth Amendment) Act, 1972,to serve under the Government of India or of a Statein 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 bythe Secretary of State or Secretary of State in Councilto a civil service of the Crown in India before thecommencement of this Constitution, retired orotherwise ceased to be in service at any time before

the commencement of the Constitution (Twenty-

eighth 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 otherJudge of the Supreme Court or a High Court, theComptroller and Auditor-General of India, the Chairman

or other member of the Union or a State Public Service

Commission or the Chief Election Commissioner, nothingin sub-clause ( a) or sub-clause ( b) shall be construed as

empowering Parliament to vary or revoke, after hisappointment to such post, the conditions of his service tohis disadvantage except in so far as such conditions of

service are applicable to him by reason of his being

a person appointed by the Secretary of State or Secretaryof State in Council to a civil service of the Crown in

India.Power of

Parliament to varyor revokeconditions ofservice of officersof certain services.

1Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-8-1972).THE CONSTITUTION OF INDIA

(Part XIV. —Services under the Union and the States.—

Arts. 312—312 A.)184

(2) Except to the extent provided for by Parliament

by law under this article, nothing in this article shall

affect the power of any Legislature or other authorityunder 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 orexecuted by any person referred to in clause (1), orarising out of any letter issued to such person, inrelation to his appointment to any civil service ofthe Crown in India or his continuance in service

under the Government of the Dominion of India or

a Province thereof;

(b) any dispute in respect of any right, liability or

obligation under article 314 as originally enacted.

(4) The provisions of this article shall have effect

notwithstanding anything in article 314 as originallyenacted or in any other provision of this Constitution.]

313. Until other provision is made in this behalf under

this Constitution, all the laws in force immediately beforethe commencement of this Constitution and applicable toany public service or any post which continues to existafter the commencement of this Constitution, as an all-India service or as service or post under the Union or a

State shall continue in force so far as consistent with the

provisions of this Constitution.

314. [Provision for protection of existing officers of certain

services. ] Rep. by the Constitution (Twenty-eighth Amendment)

Act, 1972, s. 3 (w.e.f. 29-8-1972).

HAPTER II.— P UBLIC SERVICE COMMISSIONS

315. (1) Subject to the provisions of this article, there

shall be a Public Service Commission for the Union and

a Public Service Commission for each State.Transitional

provisions.

Public Service

Commissions forthe Union and forthe States.THE CONSTITUTION OF INDIA

(Part XIV. —Services under the Union and the States.—

Arts. 312A—315.)185

(2) Two or more States may agree that there shall be

one Public Service Commission for that group of States,

and if a resolution to that effect is passed by the Houseor, 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 PublicService Commission (referred to in this Chapter as JointCommission) to serve the needs of those States.

(3) Any such law as aforesaid may contain such

incidental and consequential provisions as may benecessary or desirable for giving effect to the purposes of

the law.

(4) The Public Service Commission for the Union, if

requested so to do by the Governor

1*** of a State, may,

with the approval of the President, agree to serve all orany of the needs of the State.

(5) References in this Constitution to the Union Public

Service Commission or a State Public Service Commission

shall, unless the context otherwise requires, be construed

as references to the Commission serving the needs of theUnion or, as the case may be, the State as respects theparticular matter in question.

316. (1) The Chairman and other members of a Public

Service Commission shall be appointed, in the case of theUnion Commission or a Joint Commission, by the

President, and in the case of a State Commission, by the

Governor

1*** of the State:

Provided that as nearly as may be one-half of the

members of every Public Service Commission shall bepersons who at the dates of their respective appointmentshave held office for at least ten years either under theGovernment 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 duringwhich a person has held office under the Crown in Indiaor under the Government of an Indian State shall be

included.Appointment and

term of office ofmembers.

1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part XIV. —Services under the Union and the States.—

Arts. 315—316.)186

1[(1A) If the office of the Chairman of the Commission

becomes vacant or if any such Chairman is by reason of

absence or for any other reason unable to perform theduties of his office, those duties shall, until some person

appointed under clause (1) to the vacant office has

entered on the duties thereof or, as the case may be,until the Chairman has resumed his duties, be performedby such one of the other members of the Commission asthe President, in the case of the Union Commission or aJoint Commission, and the Governor of the State in the

case of a State Commission, may appoint for the

purpose.

(2) A member of a Public Service Commission shall

hold office for a term of six years from the date on whichhe enters upon his office or until he attains, in the caseof the Union Commission, the age of sixty-five years,

and in the case of a State Commission or a Joint

Commission, the age of

2[sixty-two years], whichever is

earlier:

Provided that—

(a) a member of a Public Service Commission may,

by writing under his hand addressed, in the caseof the Union Commission or a Joint Commission, to

the President, and in the case of a State Commission,

to the Governor

3*** of the State, resign his office;

(b) a member of a Public Service Commission may

be removed from his office in the manner providedin 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. (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 byRemoval and

suspension of amember of a PublicService Commission.

1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11.

2Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for “sixty years”.

3The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part XIV. —Services under the Union and the States.—

Arts. 316—317.)187

order of the President on the ground of misbehaviour

after the Supreme Court, on reference being made to it by

the President, has, on inquiry held in accordance withthe procedure prescribed in that behalf under article 145,reported that the Chairman or such other member, as thecase may be, ought on any such ground to be removed.

(2) The President, in the case of the Union Commission

or a Joint Commission, and the Governor

1*** in the case

of a State Commission, may suspend from office theChairman or any other member of the Commission inrespect of whom a reference has been made to the SupremeCourt 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 Chairmanor 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

continue in office by reason of infirmity of mind orbody.

(4) If the Chairman or any other member of a Public

Service Commission is or becomes in any way concernedor interested in any contract or agreement made by or onbehalf of the Government of India or the Government ofa State or participates in any way in the profit thereof orin 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 thepurposes of clause (1), be deemed to be guilty of

misbehaviour.

1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part XIV. —Services under the Union and the States.—

Art. 317.)188

318. In the case of the Union Commission or a Joint

Commission, the President and, in the case of a State

Commission, the Governor 1*** of the State may by

regulations—

(a) determine the number of members of the

Commission and their conditions of service; and

(b) make provision with respect to the number of

members of the staff of the Commission and theirconditions 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. 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 Indiaor 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 otherState Public Service Commission, but not for anyother employment either under the Government ofIndia or under the Government of a State;

Union Public Service Commission shall be eligiblefor appointment as the Chairman of the Union PublicService Commission, or as the Chairman of a StatePublic Service Commission, but not for any otheremployment 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 memberPower to make

regulations as toconditions ofservice of membersand staff of theCommission.

Prohibition as to

the holding ofoffices by membersof Commission onceasing to be suchmembers.

1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

((Part XIV. —Services under the Union and the States.—

Arts. 318—319.)189

of the Union Public Service Commission or as the

Chairman of that or any other State Public ServiceCommission, but not for any other employment eitherunder the Government of India or under the

Government of a State.

320. (1) It shall be the duty of the Union and the State

Public Service Commissions to conduct examinations forappointments to the services of the Union and the services

of the State respectively.

(2) It shall also be the duty of the Union Public Service

Commission, if requested by any two or more States so to

do, to assist those States in framing and operating schemes

of joint recruitment for any services for which candidatespossessing 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 inmaking promotions and transfers from one service

to another and on the suitability of candidates for

such appointments, promotions or transfers;

serving under the Government of India or the

Government of a State in a civil capacity, includingmemorials 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 theCrown 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 againsthim in respect of acts done or purporting to be done

in the execution of his duty should be paid out of theFunctions of

Public ServiceCommissions.THE CONSTITUTION OF INDIA

(Part XIV. —Services under the Union and the States.—

Arts. 319—320.)190

Consolidated Fund of India, or, as the case may be,

out of the Consolidated Fund of the State;

(e) on any claim for the award of a pension in

respect of injuries sustained by a person whileserving under the Government of India or theGovernment of a State or under the Crown in Indiaor under the Government of an Indian State, in a

civil capacity, and any question as to the amount of

any such award,

and it shall be the duty of a Public Service Commission

to advise on any matter so referred to them and on anyother matter which the President, or, as the case may be,

the Governor

1*** of the State, may refer to them:

Provided that the President as respects the all-India

services and also as respects other services and posts inconnection with the affairs of the Union, and theGovernor

2***, as respects other services and posts in

connection with the affairs of a State, may make

regulations specifying the matters in which eithergenerally, or in any particular class of case or in anyparticular circumstances, it shall not be necessary for aPublic Service Commission to be consulted.

(4) Nothing in clause (3) shall require a Public Service

Commission to be consulted as respects the manner inwhich any provision referred to in clause (4) of article 16may be made or as respects the manner in which effectmay be given to the provisions of article 335.

(5) All regulations made under the proviso to

clause (3) by the President or the Governor

1*** of a State

shall be laid for not less than fourteen days before eachHouse of Parliament or the House or each House of theLegislature of the State, as the case may be, as soon aspossible after they are made, and shall be subject to such

modifications, whether by way of repeal or amendment,

as both Houses of Parliament or the House or both Houses

1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.

2The words “or Rajpramukh, as the case may be” omitted by s. 29 and Sch., ibid.THE CONSTITUTION OF INDIA

(Part XIV. —Services under the Union and the States.—

Art. 320.)191

of the Legislature of the State may make during the

session in which they are so laid.

321. An Act made by Parliament or, as the case may

be, the Legislature of a State may provide for the exerciseof additional functions by the Union Public ServiceCommission or the State Public Service Commission asrespects the services of the Union or the State and also as

respects the services of any local authority or other body

corporate constituted by law or of any public institution.

322. The expenses of the Union or a State Public

Service Commission, including any salaries, allowancesand 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, theConsolidated Fund of the State.

323. (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 togetherwith a memorandum explaining, as respects the cases, ifany, where the advice of the Commission was not accepted,the reasons for such non-acceptance to be laid beforeeach House of Parliament.

(2) It shall be the duty of a State Commission to

present annually to the Governor

1*** of the State a report

as to the work done by the Commission, and it shall bethe duty of a Joint Commission to present annually to theGovernor

1*** of each of the States the needs of which are

served by the Joint Commission a report as to the work

done by the Commission in relation to that State, and ineither case the Governor

2***, shall, on receipt of such

report, cause a copy thereof together with a memorandumexplaining, as respects the cases, if any, where the adviceof the Commission was not accepted, the reasons for

such non-acceptance to be laid before the Legislature of

the State.Power to extend

functions ofPublic ServiceCommissions.

Expenses of

Public ServiceCommissions.

Reports of Public

ServiceCommissions.

1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.

2The words “or Rajpramukh, as the case may be” omitted by s. 29 and Sch., ibid.THE CONSTITUTION OF INDIA

(Part XIV. —Services under the Union and the States.—

Arts. 320—323.)192

1[PART XIVA

TRIBUNALS

323A. (1) Parliament may, by law, provide for the

adjudication or trial by administrative tribunals of

disputes and complaints with respect to recruitment andconditions of service of persons appointed to publicservices and posts in connection with the affairs of theUnion or of any State or of any local or other authoritywithin the territory of India or under the control of the

Government of India or of any corporation owned or

controlled by the Government.

(2) A law made under clause (1) may—

(a) provide for the establishment of an

administrative tribunal for the Union and a separateadministrative tribunal for each State or for two or

more States;

(b) specify the jurisdiction, powers (including the

power to punish for contempt) and authority whichmay be exercised by each of the said tribunals;

as to limitation and rules of evidence) to be followedby 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 complaintsreferred to in clause (1);

(e) provide for the transfer to each such

administrative tribunal of any cases pending beforeany court or other authority immediately before the

establishment of such tribunal as would have been

within the jurisdiction of such tribunal if the causesof action on which such suits or proceedings arebased had arisen after such establishment;

(f) repeal or amend any order made by the

President under clause (3) of article 371D;

193

1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 46 (w.e.f. 3-1-1977).Administrative

tribunals.

(g) contain such supplemental, incidental and

consequential provisions (including provisions as tofees) as Parliament may deem necessary for theeffective functioning of, and for the speedy disposalof 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 thisConstitution or in any other law for the time being inforce.

323B. (1) The appropriate Legislature may, by law,

provide for the adjudication or trial by tribunals of anydisputes, complaints, or offences with respect to all orany of the matters specified in clause (2) with respect towhich 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;

(d) land reforms by way of acquisition by the State

of any estate as defined in article 31A or of any rightstherein or the extinguishment or modification of anysuch rights or by way of ceiling on agricultural landor 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 329and article 329A;

(g) production, procurement, supply and

distribution of food-stuffs (including edible oilseedsand oils) and such other goods as the President may,by public notification, declare to be essential goodsTribunals forother matters.THE CONSTITUTION OF INDIA

(Part XIV A. —Tribunals.—Arts. 323A—323 B.)194

for the purpose of this article and control of prices of

such goods;

1[(h) rent, its regulation and control and tenancy issues

including the right, title and interest of landlords andtenants;]

2[(i)] offences against laws with respect to any of the

matters specified in sub-clauses ( a) to 3[(h)] and fees in

respect of any of those matters;

2[(j)] any matter incidental to any of the matters

specified in sub-clauses ( a) to 4[(i)].

(3) A law made under clause (1) may—

(a) provide for the establishment of a hierarchy of

tribunals;

(b) specify the jurisdiction, powers (including the

power to punish for contempt) and authority whichmay be exercised by each of the said tribunals;

as to limitation and rules of evidence) to be followedby the said tribunals;

(d) exclude the jurisdiction of all courts, except the

jurisdiction of the Supreme Court under article 136,with respect to all or any of the matters falling withinthe jurisdiction of the said tribunals;

(e) provide for the transfer to each such tribunal of

any cases pending before any court or any otherauthority immediately before the establishment ofsuch tribunal as would have been within thejurisdiction of such tribunal if the causes of action onwhich such suits or proceedings are based had arisenafter such establishment;

1Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994).

2Sub-clauses ( h) and ( i) re-lettered as sub-clauses ( i) and ( j) by s. 2, ibid. (w.e.f.

15-5-1994).

3Subs. by s. 2, ibid., for “( g)” (w.e.f. 15-5-1994).

4Subs. by s. 2, ibid., for “( h)” (w.e.f. 15-5-1994).THE CONSTITUTION OF INDIA

(Part XIV A. —Tribunals.—Art. 323B.)195

(f) contain such supplemental, incidental and

consequential provisions (including provisions as tofees) as the appropriate Legislature may deemnecessary for the effective functioning of, and for thespeedy disposal of cases by, and the enforcement ofthe orders of, such tribunals.

(4) The provisions of this article shall have effect

notwithstanding anything in any other provision of thisConstitution or in any other law for the time being inforce.

Explanation.— In this article, “appropriate

Legislature”, in relation to any matter, means Parliamentor, as the case may be, a State Legislature competent tomake laws with respect to such matter in accordancewith the provisions of Part XI.]THE CONSTITUTION OF INDIA

(Part XIV A. —Tribunals.—Art. 323B.)196

PART XV

ELECTIONS

324. (1) The superintendence, direction and control

of the preparation of the electoral rolls for, and theconduct of, all elections to Parliament and to theLegislature of every State and of elections to the officesof President and Vice-President held under thisConstitution

1*** shall be vested in a Commission

(referred to in this Constitution as the ElectionCommission).

(2) The Election Commission shall consist of the Chief

Election Commissioner and such number of otherElection Commissioners, if any, as the President mayfrom time to time fix and the appointment of the ChiefElection Commissioner and other Election Commissionersshall, subject to the provisions of any law made in thatbehalf by Parliament, be made by the President.

(3) When any other Election Commissioner is so

appointed the Chief Election Commissioner shall act asthe 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 beforeeach biennial election to the Legislative Council of eachState having such Council, the President may also appointafter consultation with the Election Commission suchRegional Commissioners as he may consider necessaryto assist the Election Commission in the performanceof the functions conferred on the Commission byclause (1).

(5) Subject to the provisions of any law made by

Parliament, the conditions of service and tenure ofoffice of the Election Commissioners and the RegionalCommissioners shall be such as the President may byrule determine:

197Superintendence,

direction andcontrol of electionsto be vested in anElectionCommission.

1The words “including the appointment of election tribunals for the decision of doubts

and disputes arising out of or in connection with elections to Parliament and to the Legislat ures

of States” omitted by the Constitution (Nineteenth Amendment) Act, 1966, s. 2.

Provided that the Chief Election Commissioner shall

not be removed from his office except in like manner andon the like grounds as a Judge of the Supreme Court andthe conditions of service of the Chief ElectionCommissioner shall not be varied to his disadvantageafter his appointment:

Provided further that any other Election Commissioner

or a Regional Commissioner shall not be removed fromoffice except on the recommendation of the Chief ElectionCommissioner.

(6) The President, or the Governor

1*** of a State,

shall, when so requested by the Election Commission,make available to the Election Commission or to a RegionalCommissioner such staff as may be necessary for thedischarge of the functions conferred on the ElectionCommission by clause (1).

325. There shall be one general electoral roll for every

territorial constituency for election to either House ofParliament or to the House or either House of theLegislature of a State and no person shall be ineligiblefor inclusion in any such roll or claim to be includedin any special electoral roll for any such constituencyon grounds only of religion, race, caste, sex or any ofthem.

326. The elections to the House of the People and to

the Legislative Assembly of every State shall be on thebasis of adult suffrage; that is to say, every person whois a citizen of India and who is not less than

2[eighteen

years] of age on such date as may be fixed in that behalfby or under any law made by the appropriate Legislatureand is not otherwise disqualified under this Constitutionor any law made by the appropriate Legislature on theground of non-residence, unsoundness of mind, crime orcorrupt or illegal practice, shall be entitled to be registeredas a voter at any such election.No person to beineligible forinclusion in, or toclaim to beincluded in aspecial, electoralroll on grounds ofreligion, race,caste or sex.

Elections to the

House of thePeople and to theLegislativeAssemblies ofStates to be onthe basis of adultsuffrage.

1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.

2Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for “twenty-one

years”.THE CONSTITUTION OF INDIA

(Part XV. —Elections.—Arts. 324—326 .)198

327. Subject to the provisions of this Constitution,

Parliament may from time to time by law make provisionwith respect to all matters relating to, or in connectionwith, elections to either House of Parliament or to theHouse or either House of the Legislature of a Stateincluding the preparation of electoral rolls, thedelimitation of constituencies and all other mattersnecessary for securing the due constitution of such Houseor Houses.

328. Subject to the provisions of this Constitution and

in so far as provision in that behalf is not made byParliament, the Legislature of a State may from time totime by law make provision with respect to all mattersrelating to, or in connection with, the elections to theHouse or either House of the Legislature of the Stateincluding the preparation of electoral rolls and all othermatters necessary for securing the due constitution ofsuch House or Houses.

329.

1[Notwithstanding anything in this Constitution

2***—]

(a) the validity of any law relating to the

delimitation of constituencies or the allotment of seatsto such constituencies, made or purporting to bemade under article 327 or article 328, shall not becalled in question in any court;

(b) no election to either House of Parliament or to

the House or either House of the Legislature of aState shall be called in question except by an electionpetition presented to such authority and in suchmanner as may be provided for by or under any lawmade by the appropriate Legislature.

3329A. [Special provision as to elections to Parliament in

the case of Prime Minister and Speaker. ] Rep. by the

Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f.

20-6-1979).Power ofParliament to makeprovision withrespect to electionsto Legislatures.

Power of

Legislature of aState to makeprovision withrespect to electionsto such Legislature.

Bar to interference

by courts inelectoral matters.

1Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words.

2The words, figures and letters “but subject to the provisions of article 329A” omitted

by the Constitution (Forty-fourth Amendment) Act, 1978, s. 35 (w.e.f. 20-6-1979).

3Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 4.THE CONSTITUTION OF INDIA

(Part XV. —Elections.—Arts. 327—329 A.)199

PART XVI

SPECIAL PROVISIONS RELATING

TO CERTAIN CLASSES

330. (1) Seats shall be reserved in the House of the

People for —

(a) the Scheduled Castes;

1[(b) the Scheduled Tribes except the Scheduled

Tribes in the autonomous districts of Assam; and]

districts of Assam.

(2) The number of seats reserved in any State 2[or

Union territory] for the Scheduled Castes or the ScheduledTribes under clause (1) shall bear, as nearly as may be,

the same proportion to the total number of seats allotted

to that State

2[or Union territory] in the House of the

People as the population of the Scheduled Castes in theState

2[or Union territory] or of the Scheduled Tribes in

the State 2[or Union territory] or part of the State 2[or

Union territory, as the case may be, in respect of which

seats are so reserved, bears to the total population of the

State 2[or Union territory].

3[(3) Notwithstanding anything contained in clause

(2), the number of seats reserved in the House of thePeople 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 thepopulation of the Scheduled Tribes in the said autonomousdistricts bears to the total population of the State.]

4[Explanation— In this article and in article 332, the

expression “population” means the population as

200Reservation of seats

for ScheduledCastes andScheduled Tribes inthe House of thePeople.

1Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause ( b)

(w.e.f. 16-6-1986).

2Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

3Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3.

4Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977).

ascertained at the last preceding census of which the

relevant figures have been published:

Provided that the reference in this Explanation to the

last preceding census of which the relevant figures havebeen published shall, until the relevant figures for the

first census taken after the year

1[2026] have been

published, be construed as a reference to the 2[2001]

census.]

331. 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 ofthe People, nominate not more than two members of that

community to the House of the People.

332. (1) Seats shall be reserved for the Scheduled

Castes and the Scheduled Tribes,

3[except the Scheduled

Tribes in the autonomous districts of Assam], in the

Legislative Assembly of every State 4***.

(2) Seats shall be reserved also for the autonomous

districts in the Legislative Assembly of the State of Assam.

(3) The number of seats reserved for the Scheduled

Castes or the Scheduled Tribes in the Legislative

Assembly of any State under clause (1) shall bear, as

nearly as may be, the same proportion to the total numberof seats in the Assembly as the population of the

Scheduled Castes in the State or of the Scheduled Tribes

in the State or part of the State, as the case may be, inrespect of which seats are so reserved, bears to the total

population of the State.

5[(3A) Notwithstanding anything contained in clause

(3), until the taking effect, under article 170, of the re-

adjustment, on the basis of the first census after the year

6[2026], of the number of seats in the LegislativeRepresentation of

the Anglo-IndianCommunity in theHouse of thePeople.

Reservation of seats

for ScheduledCastes andScheduled Tribes inthe LegislativeAssemblies of theStates.

1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for “2000” and

“1971” respectively.

2Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for “1991”.

3Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words

(w.e.f. 16-6-1986).

4The words and letters “specified in Part A or Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

5Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, s. 2 (w.e.f.

21-9-1987).

6Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for “2000”.THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Arts. 330—332.)201

Assemblies of the States of Arunachal Pradesh, Meghalaya,

Mizoram and Nagaland, the seats which shall be reserved

for the Scheduled Tribes in the Legislative Assembly of

any such State shall be,—

(a) if all the seats in the Legislative Assembly of

such State in existence on the date of coming into

force of the Constitution (Fifty-seventh Amendment)

Act, 1987 (hereafter in this clause referred to as theexisting Assembly) are held by members of the

Scheduled Tribes, all the seats except one;

(b) in any other case, such number of seats as

bears to the total number of seats, a proportion not

less than the number (as on the said date) of members

belonging to the Scheduled Tribes in the existingAssembly bears to the total number of seats in the

existing Assembly.]

1[(3B) Notwithstanding anything contained in clause

(3), until the re-adjustment, under article 170, takes effect

on the basis of the first census after the year 2[2026], of

the number of seats in the Legislative Assembly of theState of Tripura, the seats which shall be reserved for the

Scheduled Tribes in the Legislative Assembly shall be,

such number of seats as bears to the total number ofseats, a proportion not less than the number, as on the

date of coming into force of the Constitution (Seventy-

second Amendment) Act, 1992, of members belonging tothe Scheduled Tribes in the Legislative Assembly in

existence on the said date bears to the total number of

seats in that Assembly.]

(4) The number of seats reserved for an autonomous

district in the Legislative Assembly of the State of Assam

shall bear to the total number of seats in that Assemblya proportion not less than the population of the district

bears to the total population of the State.

(5) The constituencies for the seats reserved for any

autonomous district of Assam shall not comprise any

area outside that district

3***.

1Ins. by the Constitution (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f.

5-12-1992).

2Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for “2000”.

3Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of

1971), s. 71 (w.e.f. 21-1-1972).202 THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Art. 332.)

(6) No person who is not a member of a Scheduled

Tribe of any autonomous district of the State of Assam

shall be eligible for election to the Legislative Assemblyof the State from any constituency of that district

1***:

2[Provided that for elections to the Legislative

Assembly of the State of Assam, the representation of theScheduled Tribes and non-Scheduled Tribes in theconstituencies included in the Bodoland Territorial AreasDistrict, so notified, and existing prior to the constitutionof Bodoland Territorial Areas District, shall bemaintained.]

333. Notwithstanding anything in article 170, the

Governor

3*** of a State may, if he is of opinion that the

Anglo-Indian community needs representation in theLegislative Assembly of the State and is not adequatelyrepresented therein,

4[nominate one member of that

community to the Assembly].

334. Notwithstanding anything in the foregoing

provisions of this Part, the provisions of this Constitution

relating to—

(a) the reservation of seats for the Scheduled

Castes and the Scheduled Tribes in the House of thePeople 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 theLegislative Assemblies of the States by nomination,

shall cease to have effect on the expiration of a period of

5[sixty years] from the commencement of this

Constitution:

Provided that nothing in this article shall affect any

representation in the House of the People or in theLegislative Assembly of a State until the dissolution of

the then existing House or Assembly, as the case may be.Representation of

the Anglo-Indiancommunity in theLegislativeAssemblies of theStates.

Reservation of

seats and special

representation to

cease after

5[sixty

years].

1Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of

1971), s. 71 (w.e.f. 21-1-1972).

2Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2.

3The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.

4Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for “nominate

such number of members of the community to the Assembly as he considers appropriate”.

5Subs. by the Constitution (Seventy-ninth Amendment) Act, 1999, s. 2, for “fifty years”

(w.e.f. 25-1-2000).THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Arts. 332—334.)203

335. 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 ofappointments to services and posts in connection with

the affairs of the Union or of a State:

1[Provided that nothing in this article shall prevent in

making of any provision in favour of the members of theScheduled Castes and the Scheduled Tribes for relaxation in

qualifying marks in any examination or lowering the

standards of evaluation, for reservation in matters ofpromotion to any class or classes of services or posts in

connection with the affairs of the Union or of a State.]

336. (1) During the first two years after the

commencement of this Constitution, appointments ofmembers 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 immediatelybefore 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 reservationsshall 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 qualifiedfor appointment on merit as compared with the members

of other communities.

337. During the first three financial years after the

commencement of this Constitution, the same grants, ifany, shall be made by the Union and by each State

2***

for the benefit of the Anglo-Indian community in respect

of education as were made in the financial year ending

on the thirty-first day of March, 1948.Claims of

Scheduled Castesand ScheduledTribes to servicesand posts.

Special provision

for Anglo-Indiancommunity incertain services.

Special provision

with respect toeducational grantsfor the benefit ofAnglo-Indiancommunity.

1Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2.

2The words and letters “specified in Part A or Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.204 THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Arts. 335—337.)

During every succeeding period of three years the

grants may be less by ten per cent. than those for the

immediately preceding period of three years :

Provided that at the end of ten years from the

commencement of this Constitution such grants, to the

extent to which they are a special concession to the Anglo-

Indian community, shall cease:

Provided further that no educational institution shall

be entitled to receive any grant under this article unlessat least forty per cent. of the annual admissions thereinare made available to members of communities otherthan the Anglo-Indian community.

338.

2[(1) There shall be a Commission for the

Scheduled Castes to be known as the NationalCommission for the Scheduled Castes.

(2) Subject to the provisions of any law made in this

behalf by Parliament, the Commission shall consist of aChairperson, Vice-Chairperson and three other Members

and the conditions of service and tenure of office of the

Chairperson, Vice-Chairperson and other Members soappointed shall be such as the President may by ruledetermine.]

(3) The Chairperson, Vice-Chairperson and other

Members of the Commission shall be appointed by thePresident by warrant under his hand and seal.

(4) The Commission shall have the power to regulate

its own procedure.

(5) It shall be the duty of the Commission—

(a) to investigate and monitor all matters relating

to the safeguards provided for the Scheduled Castes

3*** under this Constitution or under any other law

for the time being in force or under any order of the

Government and to evaluate the working of such

safeguards;

1Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for the marginal

heading (w.e.f. 19-2-2004).

2Subs. by s. 2, ibid., for cls. (1) and (2) (w.e.f. 19-2-2004).

3The words “and Scheduled Tribes” omitted by s. 2, ibid. (w.e.f. 19-2-2004).1[National

Commission forScheduled Castes.]THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Arts. 337-338.)205

(b) to inquire into specific complaints with respect

to the deprivation of rights and safeguards of the

Scheduled Castes 1***;

process of socio-economic development of theScheduled Castes

1*** and to evaluate the progress of

their development under the Union and any State;

(d) to present to the President, annually and at

such other times as the Commission may deem fit,reports upon the working of those safeguards;

(e) to make in such reports recommendations as to

the measures that should be taken by the Union

or any State for the effective implementation of thosesafeguards and other measures for the protection,welfare and socio-economic development of theScheduled Castes

1***; and

(f) to discharge such other functions in relation to

the protection, welfare and development andadvancement of the Scheduled Castes

1*** as the

President may, subject to the provisions of any lawmade by Parliament, by rule specify.

(6) The President shall cause all such reports to be

laid before each House of Parliament along with amemorandum explaining the action taken or proposed tobe taken on the recommendations relating to the Unionand the reasons for the non-acceptance, if any, of any ofsuch recommendations.

(7) Where any such report, or any part thereof, relates

to any matter with which any State Government isconcerned, a copy of such report shall be forwarded tothe Governor of the State who shall cause it to be laidbefore the Legislature of the State along with a

memorandum explaining the action taken or proposed to

be taken on the recommendations relating to the Stateand the reasons for the non-acceptance, if any, of any of

such recommendations.

1The words “and Scheduled Tribes” omitted by the Constitution (Eighty-ninth

Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).206 THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Art. 338.)

(8) The Commission shall, while investigating any

matter referred to in sub-clause ( a) or inquiring into any

complaint referred to in sub-clause ( b) of clause (5), have

all the powers of a civil court trying a suit and inparticular in respect of the following matters, namely :—

(a) summoning and enforcing the attendance of

any person from any part of India and examininghim on oath;

(b) requiring the discovery and production of any

document;

(d) requisitioning any public record or copy thereof

from any court or office;

(e) issuing commissions for the examination of

witnesses and documents;

(f) any other matter which the President may, by

rule, determine.

(9) The Union and every State Government shall

consult the Commission on all major policy mattersaffecting Scheduled Castes

1***.]

2[(10)] In this article, references to the Scheduled

Castes 1*** shall be construed as including references to

such other backward classes as the President may, onreceipt of the report of a Commission appointed under

clause (1) of article 340, by order specify and also to the

Anglo-Indian community.

3[338A. (1) There shall be a Commission for the

Scheduled Tribes to be known as the NationalCommission for the Scheduled Tribes.

(2) Subject to the provisions of any law made in this

behalf by Parliament, the Commission shall consist of a

Chairperson, Vice-Chairperson and three other Members

and the conditions of service and tenure of office of the

1The words “and Scheduled Tribes” omitted by the Constitution (Eighty-ninth

Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).

2Cl. (3) renumbered as cl. (10) by the Constitution (Sixty-fifth Amendment) Act, 1990,

s. 2 (w.e.f. 12-3-1992).

3Ins. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 3 (w.e.f. 19-2-2004).NationalCommission forScheduled Tribes.THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Arts. 338-338 A.)207

Chairperson, Vice-Chairperson and other Members so

appointed shall be such as the President by rule

determine.

(3) The Chairperson, Vice-Chairperson and other

Members of the Commission shall be appointed by thePresident by warrant under his hand and seal.

(4) The Commission shall have the power to regulate

its own procedure.

(5) It shall be the duty of the Commission—

(a) to investigate and monitor all matters relating

to the safeguards provided for the Scheduled Tribesunder this Constitution or under any other law forthe time being in force or under any order of theGovernment and to evaluate the working of suchsafeguards;

(b) to inquire into specific complaints with respect

to the deprivation of rights and safeguards of theScheduled Tribes;

process of socio-economic development of theScheduled Tribes and to evaluate the progress of theirdevelopment under the Union and any State;

(d) to present to the President, annually and at

such other times as the Commission may deem fit,reports upon the working of those safeguards;

(e) to make in such reports recommendations as

to the measures that should be taken by the Unionor any State for the effective implementation of thosesafeguards and other measures for the protection,welfare and socio-economic development of theScheduled Tribes; and

(f) to discharge such other functions in relation to

the protection, welfare and development andadvancement of the Scheduled Tribes as the Presidentmay, subject to the provisions of any law made byParliament, by rule specify.

(6) The President shall cause all such reports to be

laid before each House of Parliament along with a

memorandum explaining the action taken or proposed208

THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Art. 338A.)

to be taken on the recommendations relating to the Union

and the reasons for the non-acceptance, if any, of any of

such recommendations.

(7) Where any such report, or any part thereof, relates

to any matter with which any State Government is

concerned, a copy of such report shall be forwarded to

the Governor of the State who shall cause it to be laidbefore the Legislature of the State along with a

memorandum explaining the action taken or proposed to

be taken on the recommendations relating to the Stateand the reasons for the non-acceptance, if any, of any of

such recommendations.

(8) The Commission shall, while investigating any

matter referred to in sub-clause ( a) or inquiring into any

complaint referred to in sub-clause ( b) of clause (5), have

all the powers of a civil court trying a suit and in

particular in respect of the following matters, namely: —

(a) summoning and enforcing the attendance of

any person from any part of India and examining

him on oath;

(b) requiring the discovery and production of any

document;

(d) requisitioning any public record or copy thereof

from any court or office;

(e) issuing commissions for the examination of

witnesses and documents;

(f) any other matter which the President may, by

rule, determine.

(9) The Union and every State Government shall

consult the Commission on all major policy matters

affecting Scheduled Tribes.]

339. (1) The President may at any time and shall, at

the expiration of ten years from the commencement of

this Constitution by order appoint a Commission to

report on the administration of the Scheduled Areas and

the welfare of the Scheduled Tribes in the States

1***.Control of the

Union over theadministration ofScheduled Areasand the welfare ofScheduled Tribes.

1The words and letters “specified in Part A and Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Arts. 338A-339.)209

The order may define the composition, powers and

procedure of the Commission and may contain such

incidental or ancillary provisions as the President may

consider necessary or desirable.

(2) The executive power of the Union shall extend to

the giving of directions to 1[a State] as to the drawing up

and execution of schemes specified in the direction to beessential for the welfare of the Scheduled Tribes in theState.

340. (1) The President may by order appoint a

Commission consisting of such persons as he thinks fit

to investigate the conditions of socially and educationallybackward classes within the territory of India and thedifficulties under which they labour and to makerecommendations as to the steps that should be taken bythe 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 andthe conditions subject to which such grants should bemade, and the order appointing such Commission shalldefine 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 theaction taken thereon to be laid before each House ofParliament.

341. (1) The President

2[may with respect to any State

3[or Union territory], and where it is a State 4***,

after consultation with the Governor 5*** thereof,] byAppointment of a

Commission toinvestigate theconditions ofbackward classes.

Scheduled Castes.

1Subs by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “any such

State”.

2Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for “may, after consultation

with the Governor or Rajpramukh of a State”.

3Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

4The words and letters “specified in Part A or Part B of the First Schedule” omitted by

s. 29 and Sch., ibid.

5The words “or Rajpramukh” omitted by s. 29 and Sch., ibid.210 THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Arts. 339—341.)

public notification1, specify the castes, races or tribes or

parts of or groups within castes, races or tribes which

shall for the purposes of this Constitution be deemed to

be Scheduled Castes in relation to that State 2[or Union

territory, as the case may be].

(2) Parliament may by law include in or exclude from

the list of Scheduled Castes specified in a notification

issued under clause (1) any caste, race or tribe or part ofor 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. (1) The President

3[may with respect to any State

2[or Union territory], and where it is a State 4***, after

consultation with the Governor 5*** thereof,] by public

notification6, specify the tribes or tribal communities or

parts of or groups within tribes or tribal communities

which shall for the purposes of this Constitution bedeemed to be Scheduled Tribes in relation to that State

2[or Union territory, as the case may be].

(2) Parliament may by law include in or exclude from

the list of Scheduled Tribes specified in a notification

issued under clause (1) any tribe or tribal community or

part of or group within any tribe or tribal community, butsave as aforesaid a notification issued under the said

clause shall not be varied by any subsequent notification.Scheduled Tribes.

1See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution

(Scheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the Constitution (Jammu andKashmir) Scheduled Castes Order, 1956 (C.O. 52), the Constitution (Dadra and NagarHaveli) Scheduled Castes Order, 1962 (C.O. 64), the Constitution (Pondicherry) ScheduledCastes Order, 1964 (C.O. 68), the Constitution (Goa, Daman and Diu) Scheduled CastesOrder, 1968 (C.O. 81) and the Constitution (Sikkim) Scheduled Castes Order, 1978 (C.O.110).

2Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

3Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for “may, after consultation

with the Governor or Rajpramukh of a State,”.

4The words and letters “Specified in Part A or Part B of the First Schedule” omitted by

the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

5The words “or Rajpramukh” omitted by s. 29 and Sch., ibid.

6See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution

(Scheduled Tribes) (Union Territories) Order, 1951 (C.O. 33), the Constitution (Andamanand Nicobar Islands) Scheduled Tribes Order, 1959 (C.O. 58), the Constitution (Dadra andNagar Haveli) Scheduled Tribes Order, 1962 (C.O. 65), the Constitution (Scheduled Tribes)(Uttar Pradesh) Order, 1967 (C.O. 78), the Constitution (Goa, Daman and Diu) ScheduledTribes Order, 1968 (C.O. 82), the Constitution (Nagaland) Scheduled Tribes Order, 1970

(C.O. 88) and the Constitution (Sikkim) Scheduled Tribes Order, 1978 (C.O. 111).THE CONSTITUTION OF INDIA

(Part XVI. —Special Provisions relating to certain

Classes.—Arts. 341-342.)211

PART XVII

OFFICIAL LANGUAGE

CHAPTER I.—L ANGUAGE OF THE UNION

343. (1) The official language of the Union shall be

Hindi in Devanagari script.

The form of numerals to be used for the official

purposes of the Union shall be the international form ofIndian numerals.

(2) Notwithstanding anything in clause (1), for a

period of fifteen years from the commencement of thisConstitution, the English language shall continue to be

used for all the official purposes of the Union for which

it was being used immediately before suchcommencement:

Provided that the President may, during the said

period, by order

1 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 theUnion.

(3) Notwithstanding anything in this article,

Parliament may by law provide for the use, after the saidperiod 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. (1) The President shall, at the expiration of five

years from the commencement of this Constitution andthereafter at the expiration of ten years from suchcommencement, by order constitute a Commission whichshall consist of a Chairman and such other membersrepresenting the different languages specified in the Eighth

Schedule as the President may appoint, and the order

212

1See C.O. 41.Official language

of the Union.

Commission and

Committee ofParliament onofficial language.

shall define the procedure to be followed by the

Commission.

(2) It shall be the duty of the Commission to make

recommendations to the President as to—

(a) the progressive use of the Hindi language for

the official purposes of the Union;

(b) restrictions on the use of the English language

for all or any of the official purposes of the Union;

purposes mentioned in article 348;

(d) the form of numerals to be used for any one or

more specified purposes of the Union;

(e) any other matter referred to the Commission by

the President as regards the official language of theUnion and the language for communication betweenthe Union and a State or between one State andanother and their use.

(3) In making their recommendations under

clause (2), the Commission shall have due regard to theindustrial, cultural and scientific advancement of India,and the just claims and the interests of persons belongingto the non-Hindi speaking areas in regard to the publicservices.

(4) There shall be constituted a Committee consisting

of thirty members, of whom twenty shall be members ofthe House of the People and ten shall be members of theCouncil of States to be elected respectively by themembers of the House of the People and the membersof the Council of States in accordance with the system ofproportional representation by means of the singletransferable vote.

(5) It shall be the duty of the Committee to examine

the recommendations of the Commission constitutedunder clause (1) and to report to the President theiropinion thereon.THE CONSTITUTION OF INDIA

(Part XVII. —Official Language.—Art. 344.)213

(6) Notwithstanding anything in article 343, the

President may, after consideration of the report referredto in clause (5), issue directions in accordance with thewhole or any part of that report.

HAPTER II.—R EGIONAL LANGUAGES

345. Subject to the provisions of articles 346 and 347,

the Legislature of a State may by law adopt any one ormore of the languages in use in the State or Hindi as thelanguage or languages to be used for all or any of theofficial purposes of that State:

Provided that, until the Legislature of the State

otherwise provides by law, the English language shallcontinue to be used for those official purposes within theState for which it was being used immediately before thecommencement of this Constitution.

346. The language for the time being authorised for

use in the Union for official purposes shall be the officiallanguage for communication between one State andanother 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 forcommunication between such States, that language maybe used for such communication.

347. On a demand being made in that behalf the

President may, if he is satisfied that a substantialproportion of the population of a State desire the use ofany language spoken by them to be recognised by thatState, direct that such language shall also be officiallyrecognised throughout that State or any part thereof forsuch purpose as he may specify.

HAPTER III.—L ANGUAGE OF THE SUPREME COURT ,

HIGH COURTS , ETC.

348. (1) Notwithstanding anything in the foregoing

provisions of this Part, until Parliament by law otherwiseprovides—

(a) all proceedings in the Supreme Court and in

every High Court,Official languageor languages of aState.

Official language

for communicationbetween one Stateand another orbetween a Stateand the Union.

Language to be

used in theSupreme Court andin the High Courtsand for Acts, Bills,etc.Special provision

relating to languagespoken by a sectionof the populationof a State.THE CONSTITUTION OF INDIA

(Part XVII. —Official Language.—Arts. 344—348.)214

(b) the authoritative texts—

(i) of all Bills to be introduced or amendments

thereto to be moved in either House of Parliamentor in the House or either House of the Legislatureof a State,

(ii) of all Acts passed by Parliament or the

Legislature of a State and of all Ordinancespromulgated by the President or the Governor

1***

of a State, and

(iii) of all orders, rules, regulations and bye-laws

issued under this Constitution or under any lawmade by Parliament or the Legislature of a State,

shall be in the English language.

(2) Notwithstanding anything in sub-clause ( a) of

clause (1), the Governor

1*** of a State may, with the

previous consent of the President, authorise the use of theHindi language, or any other language used for any officialpurposes of the State, in proceedings in the High Courthaving its principal seat in that State:

Provided that nothing in this clause shall apply to

any judgment, decree or order passed or made by suchHigh Court.

(3) Notwithstanding anything in sub-clause ( b) of

clause (1), where the Legislature of a State has prescribedany language other than the English language for use inBills introduced in, or Acts passed by, the Legislature ofthe State or in Ordinances promulgated by the Governor

1*** of the State or in any order, rule, regulation or

bye-law referred to in paragraph ( iii) of that sub-clause,

a translation of the same in the English languagepublished under the authority of the Governor

1*** of the

State in the Official Gazette of that State shall be deemedto be the authoritative text thereof in the English languageunder this article.

1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.THE CONSTITUTION OF INDIA

(Part XVII. —Official Language.—Art. 348.)215

349. During the period of fifteen years from the

commencement of this Constitution, no Bill or amendmentmaking provision for the language to be used for any ofthe purposes mentioned in clause (1) of article 348 shallbe introduced or moved in either House of Parliamentwithout 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 amendmentexcept after he has taken into consideration therecommendations of the Commission constituted underclause (1) of article 344 and the report of the Committeeconstituted under clause (4) of that article.

HAPTER IV.—S PECIAL DIRECTIVES

350. Every person shall be entitled to submit a

representation for the redress of any grievance to anyofficer or authority of the Union or a State in any of the

languages used in the Union or in the State, as the case

may be.

1[350A. It shall be the endeavour of every State and

of every local authority within the State to provide

adequate facilities for instruction in the mother-tongue at

the primary stage of education to children belonging tolinguistic minority groups; and the President may issuesuch directions to any State as he considers necessary orproper for securing the provision of such facilities.

350B. (1) There shall be a Special Officer for linguistic

minorities to be appointed by the President.

(2) It shall be the duty of the Special Officer to

investigate all matters relating to the safeguards providedfor linguistic minorities under this Constitution and

report to the President upon those matters at such

intervals as the President may direct, and the Presidentshall cause all such reports to be laid before each Houseof Parliament, and sent to the Governments of the Statesconcerned.]

351. It shall be the duty of the Union to promote the

spread of the Hindi language, to develop it so that it maySpecial procedure

for enactment ofcertain lawsrelating tolanguage.

Language to be

used inrepresentations forredress ofgrievances.

Facilities for

instruction inmother-tongue atprimary stage.

Special Officer for

linguisticminorities.

Directive for

development of theHindi language.

1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 21.THE CONSTITUTION OF INDIA

(Part XVII. —Official Language.—Arts. 349—351.)216

serve as a medium of expression for all the elements of

the composite culture of India and to secure itsenrichment by assimilating without interfering with itsgenius, the forms, style and expressions used inHindustani and in the other languages of India specifiedin the Eighth Schedule, and by drawing, wherevernecessary or desirable, for its vocabulary, primarily onSanskrit and secondarily on other languages.THE CONSTITUTION OF INDIA

(Part XVII. —Official Language.—Art. 351.)217

PART XVIII

EMERGENCY PROVISIONS

352. (1) If the President is satisfied that a grave

emergency exists whereby the security of India or of anypart of the territory thereof is threatened, whether bywar or external aggression or

1[armed rebellion], he may,

by Proclamation, make a declaration to that effect 2[in

respect of the whole of India or of such part of theterritory thereof as may be specified in the Proclamation].

3[Explanation. —A Proclamation of Emergency

declaring that the security of India or any part of theterritory thereof is threatened by war or by externalaggression or by armed rebellion may be made beforethe actual occurrence of war or of any such aggression orrebellion, if the President is satisfied that there is imminentdanger thereof.]

4[(2) A Proclamation issued under clause (1) may be

varied or revoked by a subsequent Proclamation.

(3) The President shall not issue a Proclamation under

clause (1) or a Proclamation varying such Proclamationunless the decision of the Union Cabinet (that is to say,the Council consisting of the Prime Minister and otherMinisters of Cabinet rank appointed under article 75)that such a Proclamation may be issued has beencommunicated to him in writing.

(4) Every Proclamation issued under this article shall

be laid before each House of Parliament and shall, exceptwhere it is a Proclamation revoking a previousProclamation, cease to operate at the expiration of onemonth unless before the expiration of that period it hasbeen approved by resolutions of both Houses ofParliament:

218Proclamation of

Emergency.

1Subs by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37, for “internal

disturbance” (w.e.f. 20-6-1979).

2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 48 (w.e.f. 3-1-1977).

3Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).

4 Subs. by s. 37, ibid., for cls. (2), (2A) and (3) (w.e.f. 20-6-1979).

Provided that if any such Proclamation (not being a

Proclamation revoking a previous Proclamation) is issued

at a time when the House of the People has been dissolved,or the dissolution of the House of the People takes place

during the period of one month referred to in this clause,

and if a resolution approving the Proclamation has beenpassed 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 theexpiration 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 periodof six months from the date on which it would otherwise

have ceased to operate under this clause:

Provided further that if the dissolution of the House

of the People takes place during any such period of six

months and a resolution approving the continuance inforce 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 beenpassed 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 thePeople 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 Proclamationhas been also passed by the House of the People.THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Art. 352.)219

(6) For the purposes of clauses (4) and (5), a resolution

may be passed by either House of Parliament only by amajority of the total membership of that House and by amajority of not less than two-thirds of the Members ofthat House present and voting.

(7) Notwithstanding anything contained in the

foregoing clauses, the President shall revoke aProclamation issued under clause (1) or a Proclamationvarying such Proclamation if the House of the Peoplepasses a resolution disapproving, or, as the case may be,disapproving the continuance in force of, suchProclamation.

(8) Where a notice in writing signed by not less than

one-tenth of the total number of members of the House ofthe People has been given, of their intention to move aresolution for disapproving, or, as the case may be, fordisapproving the continuance in force of, a Proclamationissued under clause (1) or a Proclamation varying suchProclamation,—

(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 bythe Speaker, or, as the case may be, by the President, forthe purpose of considering such resolution.]

1[2[(9)] The power conferred on the President by this

article shall include the power to issue differentProclamations on different grounds, being war or externalaggression or

3[armed rebellion] or imminent danger of

war or external aggression or 3[armed rebellion], whether

or not there is a Proclamation already issued by thePresident under clause (1) and such Proclamation is inoperation.

4* * * * * ]

1Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (retrospectively).

2Cl. (4) re-numbered as cl. (9) by the Constitution (Forty-fourth Amendment) Act, 1978,

s. 37 (w.e.f 20-6-1979).

3Subs. by s. 37, ibid., for “internal disturbance” (w.e.f 20-6-1979).

4Cl. (5) omitted by s. 37, ibid. (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Art. 352.)220

353. While a Proclamation of Emergency is in

operation, then—

(a) notwithstanding anything in this Constitution,

the executive power of the Union shall extend to thegiving of directions to any State as to the mannerin which the executive power thereof is to beexercised;

(b) the power of Parliament to make laws with

respect to any matter shall include power to makelaws conferring powers and imposing duties, orauthorising the conferring of powers and theimposition of duties, upon the Union or officers andauthorities of the Union as respects that matter,notwithstanding that it is one which is notenumerated in the Union List:

1[Provided that where a Proclamation of Emergency

is in operation only in any part of the territory of India,—

(i) the executive power of the Union to give

directions under clause ( a), and

(ii) the power of Parliament to make laws under

clause (b),

shall also extend to any State other than a State in which

or in any part of which the Proclamation of Emergencyis in operation if and in so far as the security of India orany part of the territory thereof is threatened by activitiesin or in relation to the part of the territory of India inwhich the Proclamation of Emergency is in operation.]

354. (1) The President may, while a Proclamation of

Emergency is in operation, by order direct that all or anyof the provisions of articles 268 to 279 shall for suchperiod, not extending in any case beyond the expirationof the financial year in which such Proclamation ceasesto operate, as may be specified in the order, have effectsubject to such exceptions or modifications as he thinksfit.Effect ofProclamation ofEmergency.

Application of

provisions relatingto distribution ofrevenues while aProclamation ofEmergency is inoperation.

1Ins. by the Constitution (Forty-second Amendment) Act 1976, s. 49 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Arts. 353-354.)221

(2) Every order made under clause (1) shall, as soon

as may be after it is made, be laid before each House ofParliament.

355. It shall be the duty of the Union to protect every

State against external aggression and internal disturbanceand to ensure that the Government of every State iscarried on in accordance with the provisions of thisConstitution.

356. (1) If the President, on receipt of a report from the

Governor

1*** of a State or otherwise, is satisfied that a

situation has arisen in which the Government of the Statecannot be carried on in accordance with the provisionsof this Constitution, the President may by Proclamation—

(a) assume to himself all or any of the functions of

the Government of the State and all or any of thepowers vested in or exercisable by the Governor

2***

or any body or authority in the State other than theLegislature of the State;

(b) declare that the powers of the Legislature of the

State shall be exercisable by or under the authorityof Parliament;

provisions as appear to the President to be necessaryor desirable for giving effect to the objects of theProclamation, including provisions for suspendingin whole or in part the operation of any provisionsof this Constitution relating to any body or authorityin the State:

Provided that nothing in this clause shall authorise

the President to assume to himself any of the powersvested in or exercisable by a High Court, or to suspendin whole or in part the operation of any provision of thisConstitution relating to High Courts.Duty of the Unionto protect Statesagainst externalaggression andinternaldisturbance.

Provisions in case

of failure ofconstitutionalmachinery inStates.

1The words “or Rajpramukh“ omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.

2The words “or Rajpramukh, as the case may be” omitted by s. 29 and Sch., ibid.THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Arts. 354—356.)222

(2) Any such Proclamation may be revoked or varied

by a subsequent Proclamation.

(3) Every Proclamation under this article shall be

laid before each House of Parliament and shall, exceptwhere it is a Proclamation revoking a previousProclamation, cease to operate at the expiration of twomonths unless before the expiration of that period it hasbeen approved by resolutions of both Houses ofParliament:

Provided that if any such Proclamation (not being a

Proclamation revoking a previous Proclamation) is issuedat a time when the House of the People is dissolved orthe dissolution of the House of the People takes placeduring the period of two months referred to in this clause,and if a resolution approving the Proclamation has beenpassed by the Council of States, but no resolution withrespect to such Proclamation has been passed by theHouse of the People before the expiration of that period,the Proclamation shall cease to operate at the expirationof thirty days from the date on which the House of thePeople first sits after its reconstitution unless before theexpiration of the said period of thirty days a resolutionapproving the Proclamation has been also passed by theHouse of the People.

(4) A Proclamation so approved shall, unless revoked,

cease to operate on the expiration of a period of

1[six

months from the date of issue of the Proclamation]:

Provided that if and so often as a resolution approving

the continuance in force of such a Proclamation is passedby both Houses of Parliament, the Proclamation shall, unlessrevoked, continue in force for a further period of

2[six months] from the date on which under this clause it

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year

from the date of the passing of the second of the resolutions approving the Proclamationunder clause (3)” (w.e.f. 20-6-1979). The words “one year” were subs. for the original words“six months” by the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f.3-1-1977).

2Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year”

(w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” bythe Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Art. 356.)223

would otherwise have ceased to operate, but no such

Proclamation shall in any case remain in force for morethan three years:

Provided further that if the dissolution of the House

of the People takes place during any such period of

1[six

months] and a resolution approving the continuance inforce of such Proclamation has been passed by the Councilof States, but no resolution with respect to the continuancein force of such Proclamation has been passed by theHouse of the People during the said period, theProclamation shall cease to operate at the expiration ofthirty days from the date on which the House of thePeople first sits after its reconstitution unless before theexpiration of the said period of thirty days a resolutionapproving the continuance in force of the Proclamationhas been also passed by the House of the People:

2[Provided also that in the case of the Proclamation

issued under clause (1) on the 11th day of May, 1987 withrespect to the State of Punjab, the reference in the firstproviso to this clause to “three years” shall be construedas a reference to

3[five years].]

4[(5) Notwithstanding anything contained in clause

(4), a resolution with respect to the continuance in forceof a Proclamation approved under clause (3) for anyperiod beyond the expiration of one year from the date ofissue of such Proclamation shall not be passed by eitherHouse of Parliament unless—

(a) a Proclamation of Emergency is in operation,

in the whole of India or, as the case may be, in thewhole or any part of the State, at the time of thepassing of such resolution, and

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year“

(w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” bythe Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977).

2Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2.

3Successively subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 and

the Constitution (Sixty-eighth Amendment) Act, 1991, s. 2 to read as above.

4Subs by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for cl. (5) (w.e.f.

20-6-1979). Cl. (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 6(retrospectively).THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Art. 356.)224

(b) the Election Commission certifies that the

continuance in force of the Proclamation approvedunder clause (3) during the period specified in suchresolution is necessary on account of difficulties inholding general elections to the Legislative Assemblyof the State concerned:]

1[Provided that nothing in this clause shall apply to

the Proclamation issued under clause (1) on the 11th dayof May, 1987 with respect to the State of Punjab.]

357. (1) Where by a Proclamation issued under clause (1)

of article 356, it has been declared that the powers of theLegislature of the State shall be exercisable by or underthe 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 tosuch conditions as he may think fit to impose, thepower so conferred to any other authority to bespecified by him in that behalf;

(b) for Parliament, or for the President or other

authority in whom such power to make laws isvested under sub-clause ( a), to make laws conferring

powers and imposing duties, or authorising theconferring of powers and the imposition ofduties, upon the Union or officers and authoritiesthereof;

of the People is not in session expenditure from theConsolidated Fund of the State pending the sanctionof such expenditure by Parliament.

5[(2) Any law made in exercise of the power of the

Legislature of the State by Parliament or the President orother authority referred to in sub-clause ( a) of clause (1)Exercise of

legislative powersunder Proclamationissued under article356.

1Omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 2 (w.e.f. 6-1-1990).

Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2.

2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 51, for cl. (2)

(w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Arts. 356-357.)225

which Parliament or the President or such other authority

would not, but for the issue of a Proclamation underarticle 356, have been competent to make shall, after theProclamation has ceased to operate, continue in forceuntil altered or repealed or amended by a competentLegislature or other authority.]

358.

1[(1)] 2[While a Proclamation of Emergency

declaring that the security of India or any part of theterritory thereof is threatened by war or by externalaggression is in operation], nothing in article 19 shallrestrict the power of the State as defined in Part III tomake any law or to take any executive action which theState would but for the provisions contained in that Partbe competent to make or to take, but any law so madeshall, to the extent of the incompetency, cease to haveeffect as soon as the Proclamation ceases to operate, exceptas respects things done or omitted to be done before thelaw so ceases to have effect:

3[Provided that 4[where such Proclamation of

Emergency] is in operation only in any part of the territoryof India, any such law may be made, or any such executiveaction may be taken, under this article in relation to or inany State or Union territory in which or in any part ofwhich the Proclamation of Emergency is not in operation,if and in so far as the security of India or any part of theterritory thereof is threatened by activities in or in relationto the part of the territory of India in which theProclamation of Emergency is in operation.]

5[(2) Nothing in clause (1) shall apply—

(a) to any law which does not contain a recital

to the effect that such law is in relation to theSuspension ofprovisions ofarticle 19 duringemergencies.

1Art. 358 re-numbered as cl. (1) thereof by by the Constitution (Forty-fourth Amendment)

Act, 1978, s. 39 (w.e.f. 20-6-1979).

2Subs. by s. 39, ibid., for “While a Proclamation of Emergency is in operation” (w.e.f.

20-6-1979).

3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 52 (w.e.f. 3-1-1977).

4 Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, for “where a

Proclamation of Emergency” (w.e.f. 20-6-1979).

5Ins. by s. 39, ibid. (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Arts. 357-358.)226

Suspension of the

enforcement of therights conferred byPart III duringemergencies.Proclamation of Emergency in operation when it ismade; or

(b) to any executive action taken otherwise than

under a law containing such a recital.]

359. (1) Where a Proclamation of Emergency is in

operation, the President may by order declare that theright to move any court for the enforcement of such of

1[the rights conferred by Part III (except articles 20 and

21)] as may be mentioned in the order and all proceedingspending in any court for the enforcement of the rights somentioned shall remain suspended for the period duringwhich the Proclamation is in force or for such shorterperiod as may be specified in the order.

2[(1A) While an order made under clause (1)

mentioning any of 1[the rights conferred by Part III

(except articles 20 and 21)] is in operation, nothing inthat Part conferring those rights shall restrict the powerof the State as defined in the said Part to make any lawor to take any executive action which the State wouldbut for the provisions contained in that Part be competentto make or to take, but any law so made shall, to theextent of the incompetency, cease to have effect as soonas the order aforesaid ceases to operate, except as respectsthings done or omitted to be done before the law soceases to have effect:]

3[Provided that where a Proclamation of Emergency

is in operation only in any part of the territory of India,any such law may be made, or any such executive actionmay be taken, under this article in relation to or in anyState or Union territory in which or in any part of whichthe Proclamation of Emergency is not in operation, ifand in so far as the security of India or any part of theterritory thereof is threatened by activities in or inrelation to the part of the territory of India in which theProclamation of Emergency is in operation.]

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40, for “the rights

conferred by Part III” (w.e.f. 20-6-1979).

2Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (retrospectively).

3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Arts. 358-359.)227

1[(1B) Nothing in clause (1A) shall apply—

(a) to any law which does not contain a recital to

the effect that such law is in relation to theProclamation of Emergency in operation when it ismade; or

(b) to any executive action taken otherwise than

under a law containing such a recital.]

(2) An order made as aforesaid may extend to the

whole or any part of the territory of India:

2[Provided that where a Proclamation of Emergency

is in operation only in a part of the territory of India, anysuch order shall not extend to any other part of the territoryof India unless the President, being satisfied that thesecurity of India or any part of the territory thereof isthreatened by activities in or in relation to the part of theterritory of India in which the Proclamation of Emergencyis in operation, considers such extension to be necessary.]

(3) Every order made under clause (1) shall, as soon

as may be after it is made, be laid before each House ofParliament.

3359A. [Application of this Part to the State of Punjab. ]

Rep. by the Constitution (Sixty-third Amendment) Act, 1989,

s. 3 (w.e.f. 6-1-1990).

360. (1) If the President is satisfied that a situation

has arisen whereby the financial stability or credit ofIndia or of any part of the territory thereof is threatened,he may by a Proclamation make a declaration to thateffect.

4[(2) A Proclamation issued under clause (1)—

(a) may be revoked or varied by a subsequent

Proclamation;Provisions as tofinancialemergency.

1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40 (w.e.f. 20-6-1979).

2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).

3Ins. by the Constitution (Fifty-ninth Amendment) Act, 1988, s. 3. It shall cease to

operate on the expiry of a period of two years from the commencement of this Act, i.e.,

thirtieth day of March, 1988.

4Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 41, for cl. (2) (w.e.f.

20-6-1979).THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Arts. 359—360.)228

(b) shall be laid before each House of Parliament;

months, unless before the expiration of that periodit has been approved by resolutions of both Housesof Parliament:

Provided that if any such Proclamation is issued at

a time when the House of the People has been dissolvedor the dissolution of the House of the People takes placeduring 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 noresolution with respect to such Proclamation has beenpassed by the House of the People before the expirationof that period, the Proclamation shall cease to operate atthe expiration of thirty days from the date on which theHouse of the People first sits after its reconstitution unlessbefore the expiration of the said period of thirty days aresolution approving the Proclamation has been alsopassed by the House of the People.]

(3) During the period any such Proclamation as is

mentioned in clause (1) is in operation, the executiveauthority of the Union shall extend to the giving ofdirections to any State to observe such canons of financialpropriety as may be specified in the directions, and to thegiving of such other directions as the President may deemnecessary 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 ofpersons serving in connection with the affairs ofa State;

(ii) a provision requiring all Money Bills or

other Bills to which the provisions of article 207apply to be reserved for the consideration of thePresident after they are passed by the Legislatureof the State;THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Art. 360.)229

(b) it shall be competent for the President during

the period any Proclamation issued under this articleis in operation to issue directions for the reduction ofsalaries and allowances of all or any class of personsserving in connection with the affairs of the Unionincluding the Judges of the Supreme Court and theHigh Courts.

1* * * * *

1Cl. (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 8

(retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,s. 41 (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA

(Part XVIII. —Emergency Provisions.—Art. 360.)230

PART XIX

MISCELLANEOUS

361. (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 powersand 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 bodyappointed 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 bringappropriate proceedings against the Government of Indiaor the Government of a State.

(2) No criminal proceedings whatsoever shall be

instituted or continued against the President, or theGovernor

1*** of a State, in any court during his term of

office.

(3) No process for the arrest or imprisonment of the

President, or the Governor 1*** of a State, shall issue

from any court during his term of office.

(4) No civil proceedings in which relief is claimed

against the President, or the Governor 1*** of a State,

shall be instituted during his term of office in any court

in respect of any act done or purporting to be done byhim in his personal capacity, whether before or after heentered upon his office as President, or as Governor

1***

of such State, until the expiration of two months nextafter notice in writing has been delivered to the President

or the Governor

2***, as the case may be, or left at his

office stating the nature of the proceedings, the cause of

action therefor, the name, description and place of

231Protection of

President andGovernors andRajpramukhs.

1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,

1956, s. 29 and Sch.

2The words “or the Rajpramukh” omitted by s. 29 and Sch., ibid.

residence of the party by whom such proceedings are to

be instituted and the relief which he claims.

1[361A. (1) No person shall be liable to any

proceedings, civil or criminal, in any court in respect ofthe publication in a newspaper of a substantially truereport of any proceedings of either House of Parliamentor the Legislative Assembly, or, as the case may be, eitherHouse of the Legislature, of a State, unless the publicationis 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 asecret sitting of either House of Parliament or theLegislative Assembly, or, as the case may be, either Houseof the Legislature, of a State.

(2) Clause (1) shall apply in relation to reports or

matters broadcast by means of wireless telegraphy aspart of any programme or service provided by means ofa broadcasting station as it applies in relation to reportsor matters published in a newspaper.

Explanation.— In this article, “newspaper” includes a

news agency report containing material for publicationin a newspaper.]

2[361B . A member of a House belonging to any

political party who is disqualified for being a member ofthe House under paragraph 2 of the Tenth Schedule shallalso be disqualified to hold any remunerative politicalpost for duration of the period commencing from thedate of his disqualification till the date on which theterm of his office as such member would expire or till thedate on which he contests an election to a House and isdeclared elected, whichever is earlier.

Explanation .—For the purposes of this article, —

(a) the expression “House” has the meaning

assigned to it in clause (a) of paragraph 1 of theTenth Schedule;Protection ofpublication ofproceedings ofParliament andState Legislatures.

Disqualification

for appointmenton remunerativepolitical post.

1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 42 (w.e.f.

20-6-1979).

2Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 4.THE CONSTITUTION OF INDIA

(Part XIX. —Miscellaneous. —Arts. 361—361 B.)232

(b) the expression “remunerative political post”

means any office —

(i) under the Government of India or the

Government of a State where the salary or

remuneration for such office is paid out of thepublic revenue of the Government of India or

the Government of the State, as the case may be;

(ii) under a body, whether incorporated or

not, which is wholly or partially owned by the

Government of India or the Government of a

State and the salary or remuneration for suchoffice is paid by such body,

except where such salary or remuneration paid is

compensatory in nature.

362. [Rights and privileges of Rulers of Indian States. ]

Rep. by the Constitution (Twenty-sixth Amendment) Act,

1971, s. 2.

363. (1) Notwithstanding anything in this

Constitution but subject to the provisions of article 143,

neither the Supreme Court nor any other court shall havejurisdiction in any dispute arising out of any provision

of a treaty, agreement, covenant, engagement, sanad or

other similar instrument which was entered into orexecuted before the commencement of this Constitution

by any Ruler of an Indian State and to which the

Government of the Dominion of India or any of itspredecessor Governments was a party and which has or

has been continued in operation after such commencement,

or in any dispute in respect of any right accruing underor 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 byHis Majesty or the Government of the Dominion of

India as the Ruler of any Indian State.Bar to interference

by courts indisputes arisingout of certaintreaties,agreements, etc.THE CONSTITUTION OF INDIA

(Part XIX. —Miscellaneous. —Arts. 361B—363.)233

1[363A. Notwithstanding anything in this

Constitution or in any law for the time being in force—

(a) the Prince, Chief or other person who, at any

time before the commencement of the Constitution(Twenty-sixth Amendment) Act, 1971, was recognised

by the President as the Ruler of an Indian State orany person who, at any time before suchcommencement, was recognised by the President asthe successor of such ruler shall, on and from suchcommencement, cease to be recognised as such Ruleror 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 andobligations in respect of privy purse are extinguishedand accordingly the Ruler or, as the case may be, thesuccessor of such Ruler, referred to in clause ( a) or

any other person shall not be paid any sum as privypurse.]

364. (1) Notwithstanding anything in this

Constitution, the President may by public notificationdirect that as from such date as may be specified in thenotification—

(a) any law made by Parliament or by the

Legislature of a State shall not apply to any majorport or aerodrome or shall apply thereto subject tosuch exceptions or modifications as may be specifiedin the notification, or

(b) any existing law shall cease to have effect in

any major port or aerodrome except as respects thingsdone or omitted to be done before the said date, orshall in its application to such port or aerodromehave effect subject to such exceptions or modificationsas 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 Parliamentor any existing law and includes all areas for thetime being included within the limits of such port;

(b) “aerodrome” means aerodrome as defined for

the purposes of the enactments relating to airways,

aircraft and air navigation.Recognition

granted to Rulersof Indian Statesto cease andprivy purses tobe abolished.

1Ins. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 3.Special provisionsas to major portsand aerodromes.THE CONSTITUTION OF INDIA

(Part XIX. —Miscellaneous. —Arts. 363A-364.)234

365. Where any State has failed to comply with, or to

give effect to, any directions given in the exercise of the

executive power of the Union under any of the provisions

of this Constitution, it shall be lawful for the President to

hold that a situation has arisen in which the Government

of the State cannot be carried on in accordance with the

provisions of this Constitution.

366. In this Constitution, unless the context otherwise

requires, the following expressions have the meanings

hereby respectively assigned to them, that is to say—

(1) “agricultural income” means agricultural

income as defined for the purposes of the enactments

relating to Indian income-tax;

(2) “an Anglo-Indian” means a person whose

father or any of whose other male progenitors in the

male line is or was of European descent but who is

domiciled within the territory of India and is or was

born within such territory of parents habitually

resident therein and not established there for

temporary purposes only;

(3) “article” means an article of this Constitution;(4) “borrow” includes the raising of money by the

grant of annuities, and “loan” shall be construed

accordingly;

1* * * *

(5) “clause” means a clause of the article in which

the expression occurs;

(6) “corporation tax” means any tax on income,

so far as that tax is payable by companies and is a

tax in the case of which the following conditions are

fulfilled:—

(a) that it is not chargeable in respect of

agricultural income;

(b) that no deduction in respect of the tax

paid by companies is, by any enactments which

may apply to the tax, authorised to be made

from dividends payable by the companies to

individuals;

so paid into account in computing for theEffect of failure

to comply with,or to give effectto, directionsgiven by theUnion.

Definitions.THE CONSTITUTION OF INDIA

(Part XIX. —Miscellaneous. —Arts. 365-366.)235

1Cl. (4A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54

(w.e.f. 1-2-1977) and omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 11(w.e.f. 13-4-1978).

purposes of Indian income-tax the total income

of individuals receiving such dividends, or in

computing the Indian income-tax payable by, or

refundable to, such individuals;

(7) “corresponding Province”, “corresponding

Indian State” or “corresponding State” means in

cases of doubt such Province, Indian State or State as

may be determined by the President to be the

corresponding Province, the corresponding Indian

State or the corresponding State, as the case may be,

for the particular purpose in question;

(8) “debt” includes any liability in respect of any

obligation to repay capital sums by way of annuities

and any liability under any guarantee, and “debt

charges” shall be construed accordingly;

(9) “estate duty” means a duty to be assessed on

or by reference to the principal value, ascertained in

accordance with such rules as may be prescribed by

or under laws made by Parliament or the Legislatureof a State relating to the duty, of all property passing

upon death or deemed, under the provisions of the

said laws, so to pass;

(10) “existing law” means any law, Ordinance,

order, bye-law, rule or regulation passed or made

before the commencement of this Constitution by any

Legislature, authority or person having power to

make such a law, Ordinance, order, bye-law, rule or

regulation;

(11) “Federal Court” means the Federal Court

constituted under the Government of India Act, 1935;

(12) “goods” includes all materials, commodities,

and articles;

(13) “guarantee” includes any obligation

undertaken before the commencement of this

Constitution to make payments in the event of the

profits of an undertaking falling short of a specified

amount;

(14) “High Court” means any Court which is

deemed for the purposes of this Constitution to be a

High Court for any State and includes—

(a) any Court in the territory of India

constituted or reconstituted under this Constitution

as a High Court, andTHE CONSTITUTION OF INDIA

(Part XIX. —Miscellaneous. —Art. 366.)236

(b) any other Court in the territory of India

which may be declared by Parliament by law to

be a High Court for all or any of the purposes of

this Constitution;

(15) “Indian State” means any territory which

the Government of the Dominion of India recognisedas such a State;

(16) “Part” means a Part of this Constitution;(17) “pension” means a pension, whether

contributory or not, of any kind whatsoever payableto 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 orwithout 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 OfficialGazette of a State;

(20) “railway” does not include—

(a) a tramway wholly within a municipal area,

(b) any other line of communication wholly

situate in one State and declared by Parliament bylaw not to be a railway;

1* * * * * *

2[(22) “Ruler” means the Prince, Chief or other

person who, at any time before the commencement of

the Constitution (Twenty-sixth Amendment) Act,

1971, was recognised by the President as the Rulerof an Indian State or any person who, at any time

before such commencement, was recognised by the

President as the successor of such Ruler;]

(23) “Schedule” means a Schedule to this

Constitution;

(24) “Scheduled Castes” means such castes, races

or tribes or parts of or groups within such castes,

1Cl. (21) omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2Subs. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 4, for cl. (22).THE CONSTITUTION OF INDIA

(Part XIX. —Miscellaneous. —Art. 366.)237

races or tribes as are deemed under article 341 to be

Scheduled Castes for the purposes of this

Constitution;

(25) “Scheduled Tribes” means such tribes or

tribal communities or parts of or groups within such

tribes or tribal communities as are deemed underarticle 342 to be Scheduled Tribes for the purposes of

this Constitution;

(26) “securities” includes stock;

1* * * * * *

(27) “sub-clause” means a sub-clause of the clause

in which the expression occurs;

(28) “taxation” includes the imposition of any tax

or impost, whether general or local or special, and“tax” shall be construed accordingly;

(29) “tax on income” includes a tax in the nature

of an excess profits tax;

2[(29A) “tax on the sale or purchase of goods”

includes—

(a) a tax on the transfer, otherwise than in

pursuance of a contract, of property in any goods

for cash, deferred payment or other valuable

consideration;

(b) a tax on the transfer of property in goods

(whether as goods or in some other form)involved in the execution of a works contract;

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;

1Cl. (26A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54

(w.e.f. 1-2-1977) and omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 11(w.e.f. 13-4-1978).

2Ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 4.THE CONSTITUTION OF INDIA

(Part XIX. —Miscellaneous. —Art. 366.)238

(f) a tax on the supply, by way of or as part

of any service or in any other mannerwhatsoever, of goods, being food or any otherarticle for human consumption or any drink(whether or not intoxicating), where such supplyor service, is for cash, deferred payment or othervaluable consideration,

and such transfer, delivery or supply of any goods shall

be deemed to be a sale of those goods by the personmaking the transfer, delivery or supply and a purchaseof those goods by the person to whom such transfer,delivery or supply is made;]

1[(30) “Union territory” means any Union

territory specified in the First Schedule and includesany other territory comprised within the territory ofIndia but not specified in that Schedule.]

367. (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 thisConstitution as it applies for the interpretation of an Actof 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, ormade by, the Legislature of a State

2***, shall be construed

as including a reference to an Ordinance made by thePresident or, to an Ordinance made by a Governor

3***,

as the case may be.

(3) For the purposes of this Constitution “foreign

State” means any State other than India:

Provided that, subject to the provisions of any law

made by Parliament, the President may by order4 declare

any State not to be a foreign State for such purposes asmay be specified in the order.Interpretation.

1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for cl. (30).

2The words and letters “specified in Part A or Part B of the First Schedule” omitted by

s. 29 and Sch., ibid.

3The words “or Rajpramukh “ omitted by s. 29 and Sch., ibid.

4See the Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2).THE CONSTITUTION OF INDIA

(Part XIX. —Miscellaneous. —Arts. 366-367.)239

PART XX

AMENDMENT OF THE CONSTITUTION

368. 2[(1) Notwithstanding anything in this

Constitution, Parliament may in exercise of its constituentpower amend by way of addition, variation or repeal anyprovision of this Constitution in accordance with theprocedure laid down in this article.]

3[(2)] An amendment of this Constitution may be

initiated only by the introduction of a Bill for the purposein either House of Parliament, and when the Bill is passedin each House by a majority of the total membership ofthat House and by a majority of not less than two-thirdsof the members of that House present and voting,

4[it

shall be presented to the President who shall give hisassent to the Bill and thereupon] the Constitution shallstand 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

General Provisions

(d) the representation of States in Parliament, or

(e) the provisions of this article,

the amendment shall also require to be ratified by the

Legislatures of not less than one-half of the States

5*** by

resolutions to that effect passed by those Legislatures

2401[Power of

Parliament toamend theConstitution andproceduretherefor.]

1Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3, for “Procedure

for the amendment of the Constitution”.

2Ins. by s. 3, ibid.

3Art. 368 renumbered as cl. (2) thereof by s. 3, ibid.

4Subs. by s. 3, ibid., for “it shall be presented to the President for his assent and upon

such assent being given to the Bill,”.

5The words and letters “specified in Parts A and B of the First Schedule” omitted by the

Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

before the Bill making provision for such amendment is

presented to the President for assent.

1[(3) Nothing in article 13 shall apply to any

amendment made under this article.]

2[(4) No amendment of this Constitution (including

the provisions of Part III) made or purporting to havebeen made under this article [whether before or after thecommencement of section 55 of the Constitution (Forty-second Amendment) Act, 1976] shall be called in questionin any court on any ground.

(5) For the removal of doubts, it is hereby declared

that there shall be no limitation whatever on theconstituent power of Parliament to amend by way ofaddition, variation or repeal the provisions of thisConstitution under this article.]

1Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3.

2Cls. (4) and (5) were ins. in article 368 by s. 55 of the Constitution (Forty-second

Amendment) Act, 1976. This section has been declared invalid by the Supreme Court inMinerva Mills Ltd. and Others Vs. Union of India and Others (1980) 2 S.C.C. 591.THE CONSTITUTION OF INDIA

(Part XX. —Amendment of the Constitution .—Art. 368.)241

PART XXI

1[TEMPORARY, TRANSITIONAL

AND SPECIAL PROVISIONS]

369. 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 asif they were enumerated in the Concurrent List,

namely:—

(a) trade and commerce within a State in, and

the production, supply and distribution of, cotton

and woollen textiles, raw cotton (including ginned

cotton and unginned cotton or kapas ), cotton

seed, paper (including newsprint), food-stuffs

(including edible oilseeds and oil), cattle fodder

(including oil-cakes and other concentrates), coal(including coke and derivatives of coal), iron, steel

and mica;

(b) offences against laws with respect to any of

the matters mentioned in clause ( a), jurisdiction and

powers of all courts except the Supreme Court with

respect to any of those matters, and fees in respect

of any of those matters but not including fees takenin any court;

but any law made by Parliament, which Parliament

would not but for the provisions of this article havebeen competent to make, shall, to the extent of the

incompetency, cease to have ef fect on the expiration of

the said period, except as respects things done or

omitted to be done before the expiration thereof.

242Temporary power

to Parliament tomake laws withrespect to certainmatters in the StateList as if they werematters in theConcurrent List.

1Subs. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2, for “TEMPORARY

AND TRANSITIONAL PROVISIONS” (w.e.f. 1-12-1963).

1[370. (1) Notwithstanding anything in this

Constitution,—

(a) the provisions of article 238 shall not apply in

relation to the State of Jammu and Kashmir;

(b) the power of Parliament to make laws for the

said State shall be limited to—

(i) those matters in the Union List and the

Concurrent List which, in consultation with theGovernment of the State, are declared by thePresident to correspond to matters specified inthe Instrument of Accession governing theaccession of the State to the Dominion of India asthe matters with respect to which the DominionLegislature 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 timebeing recognised by the President as the Maharaja ofJammu and Kashmir acting on the advice of the Councilof Ministers for the time being in office under theMaharaja’s Proclamation dated the fifth day of March,1948;

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 suchTemporaryprovisions withrespect to the Stateof Jammu andKashmir.

1In exercise of the powers conferred by this article the President, on the recommendation

of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the17th

day of November, 1952, the said art. 370 shall be operative with the modification that

for the Explanation in cl. (1) thereof, the following Explanation is substituted, namely:—

“Explanation. —For the purposes of this article, the Government of the State means

the person for the time being recognised by the President on the recommendation of theLegislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir,acting on the advice of the Council of Ministers of the State for the time being in office.”.

(Ministry of Law Order No. C.O. 44, dated the 15th November, 1952).*Now “Governor”.THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 370.)243

exceptions and modifications as the President may

by order1 specify:

Provided that no such order which relates to the

matters specified in the Instrument of Accession ofthe 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, itshall 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 beoperative or shall be operative only with such exceptions

and modifications and from such date as he may specify:

Provided that the recommendation of the Constituent

Assembly of the State referred to in clause (2) shall benecessary before the President issues such a notification.

2[371. 3* * * *

(2) Notwithstanding anything in this Constitution,

the President may by order made with respect to 5[the

1See the Constitution (Application to Jammu and Kashmir) Order, 1954 (C.O. 48) as

amended from time to time, in Appendix I.

2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22, for art. 371.

3Cl. (1) omitted by the Constitution (Thirty-second Amendment) Act, 1973, s. 2, (w.e.f.

1-7-1974).

4The words “Andhra Pradesh,” omitted by s. 2, ibid. (w.e.f. 1-7-1974).

5Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for “the State of

Bombay” (w.e.f. 1-5-1960).THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Arts. 370-371.)244

Special provision

with respect tothe States of

4***

Maharashtra andGujarat.

State of Maharashtra or Gujarat], provide for any special

responsibility of the Governor for—

(a) the establishment of separate development

boards for Vidarbha, Marathwada, 1[and the rest of

Maharashtra or, as the case may be,] Saurashtra,Kutch and the rest of Gujarat with the provision thata report on the working of each of these boards willbe placed each year before the State Legislative

Assembly;

(b) the equitable allocation of funds for

developmental expenditure over the said areas,subject to the requirements of the State as a whole;and

facilities for technical education and vocationaltraining, and adequate opportunities for employment

in services under the control of the State Government,

in respect of all the said areas, subject to therequirements of the State as a whole.]

2[371A. (1) Notwithstanding anything in this

Constitution,—

(a) no Act of Parliament in respect of—

(i) religious or social practices of the Nagas,

(ii) Naga customary law and procedure,

(iii) administration of civil and criminal justice

involving decisions according to Naga customarylaw,

(iv) ownership and transfer of land and its

resources,

shall apply to the State of Nagaland unless the Legislative

Assembly of Nagaland by a resolution so decides;

(b) the Governor of Nagaland shall have special

responsibility with respect to law and order in theSpecial provision

with respect to theState of Nagaland.

1Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for “the rest of

Maharashtra,” (w.e.f. 1-5-1960).

2Ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2 (w.e.f. 1-12-1963).THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Arts. 371-371 A.)245

State of Nagaland for so long as in his opinion internal

disturbances occurring in the Naga Hills-Tuensang

Area immediately before the formation of that Statecontinue therein or in any part thereof and in thedischarge of his functions in relation thereto theGovernor shall, after consulting the Council ofMinisters, exercise his individual judgment as to theaction to be taken:

Provided that if any question arises whether any

matter is or is not a matter as respects which theGovernor is under this sub-clause required to act inthe exercise of his individual judgment, the decisionof the Governor in his discretion shall be final, andthe validity of anything done by the Governor shallnot be called in question on the ground that he oughtor ought not to have acted in the exercise of hisindividual judgment:

Provided further that if the President on receipt of

a report from the Governor or otherwise is satisfiedthat it is no longer necessary for the Governor tohave special responsibility with respect to law andorder in the State of Nagaland, he may by orderdirect that the Governor shall cease to have suchresponsibility with effect from such date as may bespecified in the order;

any demand for a grant, the Governor of Nagalandshall ensure that any money provided by theGovernment of India out of the Consolidated Fund ofIndia for any specific service or purpose is includedin the demand for a grant relating to that service orpurpose and not in any other demand;

(d) as from such date as the Governor of

Nagaland may by public notification in this behalfspecify, there shall be established a regional councilfor the Tuensang district consisting of thirty-fivemembers and the Governor shall in his discretionmake rules providing for—

(i) the composition of the regional council and

the manner in which the members of the regional

council shall be chosen:THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371A.)246

Provided that the Deputy Commissioner of the

Tuensang district shall be the Chairman ex officio

of the regional council and the Vice-Chairman of

the regional council shall be elected by themembers 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, theregional 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 andproper functioning of the regional council.

(2) Notwithstanding anything in this Constitution,

for a period of ten years from the date of the formationof the State of Nagaland or for such further periodas the Governor may, on the recommendation of theregional council, by public notification specify in this

behalf,—

(a) the administration of the Tuensang district shall

be carried on by the Governor;

(b) where any money is provided by the

Government of India to the Government of Nagalandto meet the requirements of the State of Nagalandas a whole, the Governor shall in his discretionarrange for an equitable allocation of that moneybetween the Tuensang district and the rest of the

State;THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371A.)247

apply to Tuensang district unless the Governor, on

the recommendation of the regional council, by public

notification so directs and the Governor in givingsuch direction with respect to any such Act maydirect that the Act shall in its application to theTuensang district or any part thereof have effectsubject 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 retrospectiveeffect;

(d) the Governor may make regulations for the

peace, progress and good Government of theTuensang 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 forthe time being applicable to that district;

(e) (i) one of the members representing the

Tuensang district in the Legislative Assembly ofNagaland shall be appointed Minister for Tuensangaffairs by the Governor on the advice of the Chief

Minister and the Chief Minister in tendering his

advice shall act on the recommendation of themajority 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 heshall keep the Chief Minister informed about the

same;

1Paragraph 2 of the Constitution (Removal of Difficulties) Order No. X provides (w.e.f.

1-12-1963) that article 371A of the Constitution of India Shall have effect as if the followingProviso were added to paragraph ( i) of sub-clause ( e) of clause (2) thereof, namely:—

“Provided that the Governor may, on the advice of the Chief Minister, appoint any

person as Minister for Tuensang affairs to act as such until such time as persons arechosen in accordance with law to fill the seats allocated to the Tuensang district in theLegislative Assembly of Nagaland.”.THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371A.)248

(f) notwithstanding anything in the foregoing

provisions of this clause, the final decision on allmatters relating to the Tuensang district shall bemade 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 LegislativeAssembly of a State or to each such member shallinclude references to the members or member of theLegislative Assembly of Nagaland elected by theregional 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 theword “sixty”, the word “forty-six” had beensubstituted;

(ii) in the said clause, the reference to direct

election from territorial constituencies in the Stateshall include election by the members of theregional council established under this article;

(iii) in clauses (2) and (3), references to

territorial constituencies shall mean references toterritorial constituencies in the Kohima andMokokchung districts.

(3) If any difficulty arises in giving effect to any of

the foregoing provisions of this article, the President mayby order do anything (including any adaptation ormodification of any other article) which appears to himto be necessary for the purpose of removing thatdifficulty:

Provided that no such order shall be made after the

expiration of three years from the date of the formationof the State of Nagaland.

Explanation. —In this article, the Kohima,

Mokokchung and Tuensang districts shall have the samemeanings as in the State of Nagaland Act, 1962.]THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371A.)249

1[371B. Notwithstanding anything in this

Constitution, the President may, by order made withrespect 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 Assemblyelected from the tribal areas specified in

2[Part I] of the

table appended to paragraph 20 of the Sixth Scheduleand such number of other members of that Assembly asmay 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 suchcommittee.]

3[371C. (1) Notwithstanding anything in this

Constitution, the President may, by order made withrespect to the State of Manipur, provide for theconstitution and functions of a committee of theLegislative Assembly of the State consisting of membersof 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 theLegislative Assembly of the State and for any specialresponsibility of the Governor in order to secure theproper functioning of such committee.

(2) The Governor shall annually, or whenever so

required by the President, make a report to the Presidentregarding 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 tothe administration of the said areas.

Explanation. —In this article, the expression “Hill

Areas” means such areas as the President may, by order,declare to be Hill areas.]Special provision

with respect tothe State ofAssam.

Special provision

with respect tothe State ofManipur.

1Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4.

2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for

“Part A” (w .e.f. 21-1-1972).

3Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5 (w.e.f.

15-2-1972).THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Arts. 371B-371C.)250

Special provisions

with respect to theState of AndhraPradesh.1[371D. (1) The President may by order made with

respect to the State of Andhra Pradesh provide, having

regard to the requirements of the State as a whole, forequitable opportunities and facilities for the peoplebelonging to different parts of the State, in the matterof 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 anyclass or classes of civil posts under, the State intodifferent local cadres for different parts of the State

and allot in accordance with such principles and

procedure as may be specified in the order thepersons holding such posts to the local cadres soorganised;

(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 othereducational institution which is subject to thecontrol of the State Government;

and the conditions subject to which, preference or

reservation shall be given or made—

(i) in the matter of direct recruitment to posts in

any such cadre referred to in sub-clause ( b) as may

be specified in this behalf in the order;

1 Ins. by the Constitution (Thirty-second Amendment) Act, 1973, s. 3 (w.e.f. 1-7-1974).THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371D.)251

(ii) in the matter of admission to any such

University or other educational institution referred

to in sub-clause ( b) as may be specified in this

behalf in the order,

to or in favour of candidates who have resided or studied

for any period specified in the order in the local area inrespect of such cadre, University or other educationalinstitution, as the case may be.

(3) The President may, by order, provide for the

constitution of an Administrative Tribunal for the State ofAndhra Pradesh to exercise such jurisdiction, powers

and authority [including any jurisdiction, power and

authority which immediately before the commencementof the Constitution (Thirty-second Amendment) Act, 1973,was exercisable by any court (other than the SupremeCourt) or by any tribunal or other authority] as may bespecified 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 underthe control of any local authority within the State, asmay be specified in the order;

(b) seniority of persons appointed, allotted or

promoted to such class or classes of posts in anycivil service of the State, or to such class or classesof civil posts under the State, or to such class orclasses of posts under the control of any local

authority within the State, as may be specified in the

order;

appointed, allotted or promoted to such class or

classes of posts in any civil service of the State or tosuch class or classes of civil posts under the State orto such class or classes of posts under the control ofany local authority within the State, as may be

specified in the order.THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371D.)252

(4) An order made under clause (3) may—

(a) authorise the Administrative Tribunal to

receive representations for the redress of grievancesrelating to any matter within its jurisdiction as thePresident may specify in the order and to make suchorders thereon as the Administrative Tribunal deemsfit;

(b) contain such provisions with respect to the

powers and authorities and procedure of theAdministrative Tribunal (including provisions withrespect to the powers of the Administrative Tribunalto punish for contempt of itself) as the Presidentmay deem necessary;

Tribunal of such classes of proceedings, beingproceedings relating to matters within its jurisdictionand pending before any court (other than theSupreme Court) or tribunal or other authorityimmediately before the commencement of such order,as may be specified in the order;

(d) contain such supplemental, incidental and

consequential provisions (including provisions as tofees and as to limitation, evidence or for theapplication of any law for the time being in forcesubject to any exceptions or modifications) as thePresident may deem necessary.

1(5) The Order of the Administrative Tribunal finally

disposing of any case shall become effective upon itsconfirmation by the State Government or on the expiry ofthree months from the date on which the order is made,whichever is earlier:

Provided that the State Government may, by special

order made in writing and for reasons to be specified

1In P. Sambamurthy and others vs. State of Andhara Pradesh and another (1987) 1 SCC,

p. 362, the Supreme Court declared cl. (5) of art. 371D along with the proviso to beunconstitutional and void.THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371D.)253

therein, modify or annul any order of the Administrative

Tribunal before it becomes effective and in such a case,

the order of the Administrative Tribunal shall have effectonly in such modified form or be of no effect, as the casemay be.

(6) Every special order made by the State Government

under the proviso to clause (5) shall be laid, as soon asmay be after it is made, before both Houses of the StateLegislature.

(7) The High Court for the State shall not have any

powers of superintendence over the AdministrativeTribunal and no court (other than the Supreme Court) ortribunal shall exercise any jurisdiction, power or authorityin respect of any matter subject to the jurisdiction, poweror authority of, or in relation to, the AdministrativeTribunal.

(8) If the President is satisfied that the continued

existence of the Administrative T ribunal is not necessary,

the President may by order abolish the AdministrativeTribunal and make such provisions in such order as hemay deem fit for the transfer and disposal of casespending before the Tribunal immediately before suchabolition.

(9) Notwithstanding any judgment, decree or order

of any court, tribunal or other authority,—

(a) no appointment, posting, promotion or transfer

of any person—

(i) made before the 1st day of November, 1956,

to any post under the Government of, or any localauthority within, the State of Hyderabad as itexisted before that date; or

(ii) made before the commencement of the

Constitution (Thirty-second Amendment) Act,1973, to any post under the Government of, orany local or other authority within, the State ofAndhra Pradesh; andTHE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371D.)254

(b) no action taken or thing done by or before any

person referred to in sub-clause ( a),

shall be deemed to be illegal or void or ever to have

become illegal or void merely on the ground that theappointment, posting, promotion or transfer of such

person was not made in accordance with any law, then

in force, providing for any requirement as to residencewithin the State of Hyderabad or, as the case may be,within any part of the State of Andhra Pradesh, in respectof such appointment, posting, promotion or transfer.

(10) The provisions of this article and of any order

made by the President thereunder shall have effectnotwithstanding anything in any other provision of thisConstitution or in any other law for the time being in

force.

371E. Parliament may by law provide for the

establishment of a University in the State of Andhra

Pradesh.]

1[371F. Notwithstanding anything in this

Constitution,—

(a) the Legislative Assembly of the State of Sikkim

shall consist of not less than thirty members;

(b) as from the date of commencement of the

Constitution (Thirty-sixth Amendment) Act, 1975(hereafter in this article referred to as the appointedday)—

(i) the Assembly for Sikkim formed as a result

of the elections held in Sikkim in April, 1974 withthirty-two members elected in the said elections

(hereinafter referred to as the sitting members)

shall be deemed to be the Legislative Assemblyof the State of Sikkim duly constituted under thisConstitution;Establishment of

Central Universityin Andhra Pradesh.

Special provisions

with respect to theState of Sikkim.

1Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 3 (w.e.f. 26-4-1975).THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Arts. 371D—371 F.)255

(ii) the sitting members shall be deemed to be

the members of the Legislative Assembly of theState of Sikkim duly elected under thisConstitution; and

(iii) the said Legislative Assembly of the State

of Sikkim shall exercise the powers and performthe functions of the Legislative Assembly of a Stateunder this Constitution;

Legislative Assembly of the State of Sikkim underclause ( b), the references to the period of

1[five years],

in clause (1) of article 172 shall be construed asreferences to a period of

2[four years] and the said

period of 2[four years] shall be deemed to commence

from the appointed day;

(d) until other provisions are made by Parliament

by law, there shall be allotted to the State of Sikkimone seat in the House of the People and the State ofSikkim shall form one parliamentary constituencyto be called the parliamentary constituency forSikkim;

(e) the representative of the State of Sikkim in the

House of the People in existence on the appointedday shall be elected by the members of the LegislativeAssembly of the State of Sikkim;

(f) Parliament may, for the purpose of protecting

the rights and interests of the different sections ofthe population of Sikkim make provision for thenumber of seats in the Legislative Assembly of theState of Sikkim which may be filled by candidatesbelonging to such sections and for the delimitationof the assembly constituencies from which candidates

1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for “six years”

(w.e.f. 6-9-1979). The words “six years” were subs. for the original words “five years” by theConstitution (Forty-second Amendment) Act, 1976, s. 56 (w.e.f. 3-1-1977).

2Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for “five years”

(w.e.f. 6-9-1979). The words “five years” were subs. for the original words “four years” bythe Constitution (Forty-second Amendment) Act, 1976, s. 56 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371F.)256

belonging to such sections alone may stand for

election to the Legislative Assembly of the State ofSikkim;

(g) the Governor of Sikkim shall have special

responsibility for peace and for an equitablearrangement for ensuring the social and economic

advancement of different sections of the population

of Sikkim and in the discharge of his specialresponsibility 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 anyother 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 theHigh 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 territoryof 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 theState of Sikkim or any part thereof shall continue

to be in force therein until amended or repealed by

a competent Legislature or other competentauthority;THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371F.)257

(l) for the purpose of facilitating the application

of any such law as is referred to in clause ( k) in

relation to the administration of the State of Sikkimand for the purpose of bringing the provisions ofany such law into accord with the provisions of thisConstitution, the President may, within two yearsfrom the appointed day, by order, make suchadaptations and modifications of the law, whetherby way of repeal or amendment, as may be necessaryor expedient, and thereupon, every such law shallhave effect subject to the adaptations andmodifications so made, and any such adaptation ormodification shall not be questioned in any court oflaw;

(m) neither the Supreme Court nor any other court

shall have jurisdiction in respect of any dispute orother matter arising out of any treaty, agreement,engagement or other similar instrument relating toSikkim which was entered into or executed beforethe appointed day and to which the Government ofIndia or any of its predecessor Governments was aparty, but nothing in this clause shall be construedto derogate from the provisions of article 143;

(n) the President may, by public notification, extend

with such restrictions or modifications as hethinks fit to the State of Sikkim any enactment whichis in force in a State in India at the date of thenotification;

(o) if any difficulty arises in giving effect to any of

the foregoing provisions of this article, the Presidentmay, by order

1, do anything (including any

adaptation or modification of any other article) whichappears to him to be necessary for the purpose ofremoving that difficulty:

Provided that no such order shall be made after

the expiry of two years from the appointed day;

1See the Constitution (Removal of Difficulties) Order No. XI (C.O. 99).THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 371F.)258

(p) all things done and all actions taken in or in

relation to the State of Sikkim or the territories

comprised therein during the period commencingon the appointed day and ending immediately beforethe date on which the Constitution (Thirty-sixthAmendment) Act, 1975, receives the assent of thePresident shall, in so far as they are in conformity

with the provisions of this Constitution as amended

by the Constitution (Thirty-sixth Amendment) Act,1975, be deemed for all purposes to have been validlydone or taken under this Constitution as soamended.]

1[371G. Notwithstanding anything in this

Constitution,—

(a) no Act of Parliament in respect of—

(i) religious or social practices of the Mizos,

(ii) Mizo customary law and procedure,

(iii) administration of civil and criminal justice

involving decisions according to Mizo customarylaw,

(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 ofMizoram immediately before the commencement ofthe Constitution (Fifty-third Amendment) Act, 1986;

(b) the Legislative Assembly of the State of

Mizoram shall consist of not less than forty

members.]

2[371H. Notwithstanding anything in this

Constitution,—

(a) the Governor of Arunachal Pradesh shall have

special responsibility with respect to law and orderSpecial provision

with respect to theState of Mizoram.

Special provision

with respect to theState of ArunachalPradesh.

1Ins. by the Constitution (Fifty-third Amendment) Act, 1986, s. 2 (w.e.f. 20-2-1987).

2Ins. by the Constitution (Fifty-fifth Amendment) Act, 1986, s. 2 (w.e.f. 20-2-1987).THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Arts. 371F—371 H.)259

in the State of Arunachal Pradesh and in the discharge

of his functions in relation thereto, the Governor shall,

after consulting the Council of Ministers, exercise his

individual judgment as to the action to be taken:

Provided that if any question arises whether any

matter is or is not a matter as respects which the

Governor is under this clause required to act in theexercise 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 notbe 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 tohave 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 havesuch responsibility with effect from such date as may

be specified in the order;

(b) the Legislative Assembly of the State of

Arunachal Pradesh shall consist of not less than

thirty members.]

1[371-I. Notwithstanding anything in this

Constitution, the Legislative Assembly of the State of Goa

shall consist of not less than thirty members.]

372. (1) Notwithstanding the repeal by this

Constitution of the enactments referred to in article 395

but subject to the other provisions of this Constitution, all

the law in force in the territory of India immediatelybefore the commencement of this Constitution shall

continue in force therein until altered or repealed or

amended by a competent Legislature or other competentauthority.

(2) For the purpose of brining the provisions of any

law in force in the territory of India into accord with theSpecial provision

with respect to theState of Goa.

Continuance in

force of existinglaws and theiradaptation.

1Ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, s. 2 (w.e.f. 30-5-1987).THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Arts. 371H—372.)260

provisions of this Constitution, the President may by

order1 make such adaptations and modifications of such

law, whether by way of repeal or amendment, as may benecessary or expedient, and provide that the law shall, asfrom such date as may be specified in the order, haveeffect subject to the adaptations and modifications somade, and any such adaptation or modification shall not

be questioned in any court of law.

(3) Nothing in clause (2) shall be deemed—

(a) to empower the President to make any

adaptation or modification of any law after the

expiration of

2[three years] from the commencement

of this Constitution; or

(b) to prevent any competent Legislature or other

competent authority from repealing or amending anylaw 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 Legislatureor other competent authority in the territory of India beforethe 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 territoryof 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 suchadaptations and modifications as aforesaid, contiue to

have such extra-territorial effect.

1See the Adaptation of Laws Order, 1950, dated the 26th January, 1950, Gazette of

India, Extraordinary, p. 449, as amended by Notification No. S.R.O. 115, dated the 5th June,1950, Gazette of India, Extraordinary, Part II, Section 3, p. 51, Notification No. S.R.O. 870,dated the 4th November , 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 903,

Notification No. S.R.O. 508, dated the 4th April, 1951, Gazette of India, Extraordinary, PartII, Section 3, p. 287, Notification No. S.R.O. 1140B, dated 2nd July, 1952, Gazette of India,Extraordinary, Part II, Section 3, p. 616/I; and the Adaptation of the Travancore-Cochin

Land Acquisition Laws Order, 1952, dated the 20th November, 1952, Gazette of India,Extraordinary, Part II, Section 3, p. 923.

2Subs. by the Constitution (First Amendment) Act, 1951, s. 12, for “two years”.THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 372.)261

Explanation III .—Nothing in this article shall be

construed as continuing any temporary law in force

beyond the date fixed for its expiration or the date onwhich it would have expired if this Constitution had notcome into force.

Explanation IV. —An Ordinance promulgated by the

Governor of a Province under section 88 of theGovernment of India Act, 1935, and in force immediately

before the commencement of this Constitution shall, unless

withdrawn by the Governor of the corresponding Stateearlier, cease to operate at the expiration of six weeksfrom the first meeting after such commencement of theLegislative Assembly of that State functioning underclause (1) of article 382, and nothing in this article shall

be construed as continuing any such Ordinance in force

beyond the said period.

1[372A. (1) For the purposes of bringing the provisions

of any law in force in India or in any part thereof,immediately before the commencement of theConstitution (Seventh Amendment) Act, 1956, into accord

with the provisions of this Constitution as amended by

that Act, the President may by order

2 made before the

first day of November, 1957, make such adaptations andmodifications of the law, whether by way of repeal oramendment, as may be necessary or expedient, andprovide 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 suchadaptation or modification shall not be questioned inany 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. Until provision is made by Parliament under

clause (7) of article 22, or until the expiration of one yearfrom the commencement of this Constitution, whicheveris earlier, the said article shall have effect as if for any

reference to Parliament in clauses (4) and (7) thereof therePower of the

President to

adapt laws.

1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 23.

2See the Adaptation of Laws Orders of 1956 and 1957.Power of President

to make order inrespect of personsunder preventivedetention in certaincases.THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Arts. 372—373.)262

were substituted a reference to the President and for any

reference to any law made by Parliament in those clauses

there were substituted a reference to an order made bythe President.

374. (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 theSupreme Court and shall thereupon be entitled to suchsalaries and allowances and to such rights in respectof 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 thecommencement of this Constitution shall stand removedto the Supreme Court, and the Supreme Court shall have

jurisdiction to hear and determine the same, and the

judgments and orders of the Federal Court delivered ormade before the commencement of this Constitution shallhave the same force and effect as if they had beendelivered or made by the Supreme Court.

(3) Nothing in this Constitution shall operate to

invalidate the exercise of jurisdiction by His Majesty in

Council to dispose of appeals and petitions from, or inrespect of, any judgment, decree or order of any courtwithin the territory of India in so far as the exercise ofsuch jurisdiction is authorised by law, and any order ofHis 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 orderor decree made by the Supreme Court in the exercise ofthe jurisdiction conferred on such Court by thisConstitution.

(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 theProvisions as to

Judges of theFederal Court andproceedingspending in theFederal Court orbefore His Majestyin Council.THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 373-374.)263

First Schedule to entertain and dispose of appeals and

petitions from or in respect of any judgment, decree ororder of any court within that State shall cease, and allappeals and other proceedings pending before the saidauthority 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. All courts of civil, criminal and revenue

jurisdiction, all authorities and all officers, judicial,executive and ministerial, throughout the territory ofIndia, shall continue to exercise their respective functionssubject to the provisions of this Constitution.

376. (1) Notwithstanding anything in clause (2) of

article 217, the Judges of a High Court in any Provinceholding office immediately before the commencement ofthis Constitution shall, unless they have elected otherwise,become on such commencement the Judges of the HighCourt in the corresponding State, and shall thereupon beentitled to such salaries and allowances and to suchrights in respect of leave of absence and pension as areprovided for under article 221 in respect of the Judges ofsuch High Court.

1[Any such Judge shall, notwithstanding

that he is not a citizen of India, be eligible for appointmentas Chief Justice of such High Court, or as Chief Justice orother 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 FirstSchedule holding office immediately before thecommencement of this Constitution shall, unless theyhave elected otherwise, become on such commencementthe Judges of the High Court in the State so specifiedand 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 expirationof such period as the President may by order determine.Courts, authoritiesand officers tocontinue tofunction subject tothe provisions ofthe Constitution.

Provisions as to

Judges of HighCourts.

1Added by the by the Constitution (First Amendment) Act, 1951, s. 13.THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Arts. 374—376.)264

(3) In this article, the expression “Judge” does not

include an acting Judge or an additional Judge.

377. 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 ofabsence 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 tohold office until the expiration of his term of office as

determined under the provisions which were applicable

to him immediately before such commencement.

378. (1) The members of the Public Service

Commission for the Dominion of India holding office

immediately before the commencement of thisConstitution 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 oftheir 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 theneeds of a group of Provinces holding office immediately

before the commencement of this Constitution shall, unless

they have elected otherwise, become on suchcommencement the members of the Public Service

Commission for the corresponding State or the members

of the Joint State Public Service Commission serving theneeds of the corresponding States, as the case may be,

and shall, notwithstanding anything in clauses (1) and

(2) of article 316 but subject to the proviso to clause (2)of that article, continue to hold office until the expiration

of their term of office as determined under the rules which

were applicable immediately before such commencement

to such members.Provisions as to

Comptroller andAuditor-Generalof India.

Provisions as to

Public ServiceCommissions.THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 376—378.)265

1[378A. Notwithstanding anything contained in article

172, the Legislative Assembly of the State of AndhraPradesh as constituted under the provisions of sections28 and 29 of the States Reorganisation Act, 1956, shall,unless sooner dissolved, continue for a period of fiveyears from the date referred to in the said section 29 andno longer and the expiration of the said period shalloperate as a dissolution of that Legislative Assembly.]

379.—391. Rep. by the Constitution (Seventh Amendment)

Act, 1956, s. 29 and Sch.

392. (1) The President may, for the purpose of removing

any difficulties, particularly in relation to the transitionfrom the provisions of the Government of India Act, 1935,to the provisions of this Constitution, by order direct thatthis Constitution shall, during such period as may bespecified in the order, have effect subject to suchadaptations, whether by way of modification, addition oromission, 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 ChapterII 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 byarticle 391 shall, before the commencement of thisConstitution, be exercisable by the Governor-General ofthe Dominion of India.Special provisionas to duration ofAndhra PradeshLegislativeAssembly.

Power of the

President toremove difficulties.

1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 24.THE CONSTITUTION OF INDIA

(Part XXI. —Temporary, Transitional and Special

Provisions .—Art. 378A—392.)266

PART XXII

SHORT TITLE, COMMENCEMENT 1[, AUTHORI-

TATIVE TEXT IN HINDI] AND REPEALS

393. This Constitution may be called the Constitution

of India.

394. This article and articles 5, 6, 7, 8, 9, 60, 324, 366,

367, 379, 380, 388, 391, 392 and 393 shall come into forceat once, and the remaining provisions of this Constitutionshall come into force on the twenty-sixth day of January,1950, which day is referred to in this Constitution as thecommencement of this Constitution.

2[394A. (1) The President shall cause to be published

under his authority,—

(a) the translation of this Constitution in the Hindi

language, signed by the members of the ConstituentAssembly, with such modifications as may benecessary to bring it in conformity with the language,style and terminology adopted in the authoritativetexts of Central Acts in the Hindi language, andincorporating therein all the amendments of thisConstitution made before such publication; and

(b) the translation in the Hindi language of every

amendment of this Constitution made in the Englishlanguage.

(2) The translation of this Constitution and of every

amendment thereof published under clause (1) shall beconstrued to have the same meaning as the originalthereof and if any difficulty arises in so construing anypart of such translation, the President shall cause thesame to be revised suitably.

(3) The translation of this Constitution and of every

amendment thereof published under this article shall be

267Short title.

Commencement.

Authoritative text

in the Hindilanguage.

1Ins. by the Constitution (Fifty-eighth Amendment) Act, 1987, s. 2.

2Ins. by s. 3, ibid.

deemed to be, for all purposes, the authoritative text

thereof in the Hindi language.]

395. The Indian Independence Act, 1947, and the

Government of India Act, 1935, together with allenactments amending or supplementing the latter Act,but not including the Abolition of Privy CouncilJurisdiction Act, 1949, are hereby repealed.Repeals.THE CONSTITUTION OF INDIA

(Part XXII. —Short Title, Commencement, Authoritative

Text in Hindi and Repeals.—Arts. 394A -395.)268