# Article 133 of the Constitution of India

- Jurisdiction: India (IN)
- Article: 133
- Source document: India Constitution
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## Verbatim text

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(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;
(c) rules as to the proceedings in the Court for the
enforcement of any of the rights conferred by Part III;
1[(cc) rules as to the proceedings in the Court
under 2[article 139A];]
(d) rules as to the entertainment of appeals under
sub-clause ( c) of clause (1) of article 134;
(e) rules as to the conditions subject to which any
judgment pronounced or order made by the 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.
C
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
(c) if the Governor so requires, to submit for the
consideration of the Council of Ministers any matter
on which a decision has been taken by a Ministerbut which has not been considered by the Council.
C
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;
(c) as nearly as may be, one-twelfth shall be elected
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
(c) possesses such other qualifications as may be
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
(c) may be removed from his office by a resolution
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
(c) may be removed from his office by a resolution
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];
or
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
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily
acquired the citizenship of a foreign State, or is 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
(c) the Bill is passed by the Council with
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
(c) the Bill is passed by the Council with
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;
(c) the custody of the Consolidated Fund or the
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
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.
(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;
(c) debt charges for which the State is liable
including interest, sinking fund charges and
redemption charges, and other expenditure relating
to the raising of loans and the service and redemption
of debt;
(d) expenditure in respect of the salaries and
allowances of Judges of any High Court;
(e) any sums required to satisfy any judgment,
decree or award of any court or arbitral tribunal;
(f) any other expenditure declared by this
Constitution, or by the Legislature of the State by
law, to be so charged.
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
````

## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 133 of the Constitution of India.
- The passage runs to about 11,052 words.
- Read plainly, it mentions arrest and detention — it deals with arrest or detention, and the conditions attached to holding a person (the words used: “custody”); it mentions privacy, search and seizure — it protects privacy or limits searching a person, their home or their communications (the words used: “warrant”); it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “opinion”); it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions property — it addresses property, possession, or taking property compulsorily (the words used: “possession”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “equality”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“or, as the case may be, sub-clause ( c) of clause”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row contains 66 separately numbered sections, so it is a chapter-length passage rather than one provision. Cite the passage, and treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of India, article 133, Portable Lawyer, https://www.portablelaw.com/provision/6618c2b6-881e-44a6-aff8-be72ab7333cf (accessed 27 September 2026).

## Related

- [Constitution of India](https://www.portablelaw.com/countries/f1d2aad2-63f1-43ea-9f4c-f5e6dd1c881e)
- [India on Portable Lawyer](https://www.portablelaw.com/countries/f1d2aad2-63f1-43ea-9f4c-f5e6dd1c881e)
- [HTML version of this provision](https://www.portablelaw.com/provision/6618c2b6-881e-44a6-aff8-be72ab7333cf)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 133 of the Constitution of India. (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…