Article 19 of the Constitution of India

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 (c) persons employed in any bureau or other 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; (c) that the operation of the economic system does 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). 21 (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; (c) foster respect for international law and treaty 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; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of 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). 25 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; (c) each elected member of either House of 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; (c) the President shall, notwithstanding the 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 (c) is qualified for election as a member of the House of the People. (2) A person shall not be eligible for election as President if he holds any office of profit under 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 (c) is qualified for election as a member of the Council of States. (4) A person shall not be eligible for election as Vice- President if he holds any office of profit under 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; (c) a Vice-President shall, notwithstanding the 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; (c) in all cases where the sentence is a sentence of death. (2) Nothing in sub-clause ( a) of clause (1) shall affect the power conferred by law on any officer of the 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 (c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. CHAPTER II.—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 (c) possesses such other qualifications as may be 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 (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: 1Subs. by the Constitution (First Amendment) Act, 1951, s. 7, for “every session”. 2The words “and for the precedence of such discussion over other business of the House” omitted by s. 7, ibid.Special address by the President. Rights of Ministers and Attorney-General as 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 (c) shall be moved unless at least fourteen days’ notice 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 (c) may be removed from his office by a resolution 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 (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his 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], or 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; (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 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 (c) more than six months elapse from the date of 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; (c) the custody of the Consolidated Fund or the 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; (c) debt charges for which the Government of India 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