# Indexed passage in the Constitution of India - Jurisdiction: India (IN) - Chapter (as indexed): Chapter moneys: are or may be distributable to States, or - Source document: India Constitution - Canonical (HTML): https://www.portablelaw.com/provision/ff4b88eb-7672-48d2-95c1-41a359036227 - This document: https://www.portablelaw.com/provision/ff4b88eb-7672-48d2-95c1-41a359036227/md - Constitution: https://www.portablelaw.com/countries/f1d2aad2-63f1-43ea-9f4c-f5e6dd1c881e ## Verbatim text ```` which imposes any such surcharge for the purposes ofthe Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation ofthe President. (2) In this article, the expression “tax or duty in which States are interested” means— (a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; orSurcharge on certain duties andtaxes for purposesof the Union. Grants in lieu of export duty on juteand jute products. Prior recommendation ofPresident requiredto Bills affectingtaxation in whichStates areinterested.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 271—274.)164 (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out ofthe Consolidated Fund of India to any State. 275. (1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such States as Parliament may determine to be in need of assistance,and different sums may be fixed for different States: Provided that there shall be paid out of the Consolidated Fund of India as grants-in-aid of therevenues of a State such capital and recurring sums asmay be necessary to enable that State to meet the costs ofsuch schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the ScheduledTribes in that State or raising the level of administrationof the Scheduled Areas therein to that of theadministration of the rest of the areas of that State: Provided further that there shall be paid out of the Consolidated Fund of India as grants-in-aid of therevenues of the State of Assam sums, capital and recurring, equivalent to— (a) the average excess of expenditure over the revenues during the two years immediately preceding the commencement of this Constitution in respect ofthe administration of the tribal areas specified in 1[Part I] of the table appended to paragraph 20 of the Sixth Schedule; and (b) the costs of such schemes of development as may be undertaken by that State with the approvalof the Government of India for the purpose of raisingGrants from the Union to certainStates. 1Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “Part A” (w .e.f. 21-1-1972).THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 274-275.)165 the level of administration of the said areas to that of the administration of the rest of the areas of that State. 1[(1A) On and from the formation of the autonomous State under article 244A,— (i) any sums payable under clause ( a) of the second proviso to clause (1) shall, if the autonomous State comprises all the tribal areas referred to therein, be paid to the autonomous State,and, if the autonomous State comprises only someof those tribal areas, be apportioned between theState of Assam and the autonomous State as thePresident may, by order, specify; (ii) there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues ofthe autonomous State sums, capital and recurring, equivalent to the costs of such schemes of development as may be undertaken by theautonomous State with the approval of theGovernment of India for the purpose of raisingthe level of administration of that State to thatof the administration of the rest of the State of Assam.] (2) Until provision is made by Parliament under clause (1), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clauseshall have effect subject to any provision so made byParliament: Provided that after a Finance Commission has been constituted no order shall be made under this clauseby the President except after considering therecommendations of the Finance Commission. 1Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 3.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Art. 275.)166 276. (1) Notwithstanding anything in article 246, no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board,local board or other local authority therein in respect ofprofessions, trades, callings or employments shall beinvalid on the ground that it relates to a tax on income. (2) The total amount payable in respect of any one person to the State or to any one municipality, districtboard, local board or other local authority in the State byway of taxes on professions, trades, callings and employments shall not exceed 1[two thousand and five hundred rupees] per annum. 2* * * * (3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions,trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from orarising out of professions, trades, callings andemployments. 277. Any taxes, duties, cesses or fees which, immediately before the commencement of thisConstitution, were being lawfully levied by theGovernment of any State or by any municipality or otherlocal authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or feesare mentioned in the Union List, continue to be leviedand to be applied to the same purposes until provisionto the contrary is made by Parliament by law. 278. [Agreement with States in Part B of the First Schedule with regard to certain financial matters. ] Rep. by the Constitution (Seventh Amendment ) Act, 1956, s. 29 and Sch.Taxes on professions, trades,callings andemployments. Savings. 1Subs. by the Constitution (Sixtieth Amendment) Act, 1988, s. 2, for “two hundred and fifty rupees”. 2Proviso omitted by s. 2, ibid.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 276—278.)167 279. (1) In the foregoing provisions of this Chapter, “net proceeds” means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and forthe purposes of those provisions the net proceeds of anytax or duty, or of any part of any tax or duty, in orattributable to any area shall be ascertained and certifiedby the Comptroller and Auditor-General of India, whose certificate shall be final. (2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be,assigned to any State, provide for the manner in whichthe proceeds are to be calculated, for the time from or atwhich and the manner in which any payments are to bemade, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters. 280. (1) The President shall, within two years from the commencement of this Constitution and thereafter atthe expiration of every fifth year or at such earlier timeas the President considers necessary, by order constitutea Finance Commission which shall consist of aChairman and four other members to be appointed by the President. (2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in whichthey shall be selected. (3) It shall be the duty of the Commission to make recommendations to the President as to— (a) the distribution between the Union and the States of the net proceeds of taxes which are to be, ormay be, divided between them under this Chapterand the allocation between the States of the respectiveshares of such proceeds; (b) the principles which should govern the grants- in-aid of the revenues of the States out of the Consolidated Fund of India;Calculation of “net proceeds”, etc. Finance Commission.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 279-280.)168 1[(bb) the measures needed to augment the Consolidated Fund of a State to supplement theresources of the Panchayats in the State on the basisof the recommendations made by the FinanceCommission of the State;] 2[(c) the measures needed to augment the Consolidated Fund of a State to supplement theresources of the Municipalities in the State on thebasis of the recommendations made by the FinanceCommission of the State;] 3[(d)] any other matter referred to the Commission by the President in the interests of sound finance. (4) The Commission shall determine their procedure and shall have such powers in the performance of theirfunctions as Parliament may by law confer on them. 281. The President shall cause every recommendation made by the Finance Commission under the provisions ofthis Constitution together with an explanatorymemorandum as to the action taken thereon to be laidbefore each House of Parliament. Miscellaneous Financial Provisions 282. The Union or a State may make any grants for any public purpose, notwithstanding that the purpose isnot one with respect to which Parliament or theLegislature of the State, as the case may be, may makelaws. 283. (1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the paymentof moneys into such Funds, the withdrawal of moneystherefrom, the custody of public moneys other than thosecredited to such Funds received by or on behalf of theGovernment of India, their payment into the publicaccount of India and the withdrawal of moneys fromsuch account and all other matters connected with orRecommendationsof the FinanceCommission. Expenditure defrayable by theUnion or a Stateout of its revenues. Custody, etc., of ConsolidatedFunds, ContingencyFunds and moneyscredited to thepublic accounts. 1Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 3 (w.e.f. 24-4-1993). 2Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 3 (w.e.f. 1-6-1993). 3Sub-clause ( c) re-lettered as sub-clause ( d) by s. 3, ibid. (w.e.f. 1-6-1993).THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 280—283.)169 ancillary to matters aforesaid shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President. (2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment ofmoneys into such Funds, the withdrawal of moneystherefrom, the custody of public moneys other than thosecredited to such Funds received by or on behalf of the Government of the State, their payment into the public account of the State and the withdrawal of moneys fromsuch account and all other matters connected with orancillary to matters aforesaid shall be regulated by lawmade by the Legislature of the State, and, until provisionin that behalf is so made, shall be regulated by rules made by the Governor 1*** of the State. 284. All moneys received by or deposited with— (a) any officer employed in connection with the affairs of the Union or of a State in his capacity assuch, other than revenues or public moneys raisedor received by the Government of India or the Government of the State, as the case may be, or (b) any court within the territory of India to the credit of any cause, matter, account or persons, shall be paid into the public account of India or the public account of State, as the case may be. 285. (1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exemptfrom all taxes imposed by a State or by any authority within a State. (2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within aState from levying any tax on any property of the Unionto which such property was immediately before thecommencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State.Custody of suitors’ depositsand other moneysreceived by publicservants andcourts. Exemption of property of theUnion from Statetaxation. 1The words “or Rajpramukh“ omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 283—285.)170 286. (1) No law of a State shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place— (a) outside the State; or (b) in the course of the import of the goods into, or export of the goods out of, the territory of India. 1* * * * 2[(2) Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1). 3[(3) Any law of a State shall, in so far as it imposes, or authorises the imposition of,— (a) a tax on the sale or purchase of goods declared by Parliament by law to be of special importance ininter-State trade or commerce; or (b) a tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause ( b), sub- clause ( c) or sub-clause ( d) of clause (29A) of article 366, be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax asParliament may by law specify.]] 287. Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorise the imposition of, a tax on the consumption orsale of electricity (whether produced by a Government orother persons) which is— (a) consumed by the Government of India, or sold to the Government of India for consumption by thatGovernment; or (b) consumed in the construction, maintenance or operation of any railway by the Government ofIndia or a railway company operating that railway, or sold to that Government or any such railwayRestrictions as to imposition of taxon the sale orpurchase of goods. Exemption from taxes on electricity. 1Explanation to cl. (1) omitted by the Constitution (Sixth Amendment) Act, 1956, s. 4. 2Subs. by s. 4, ibid., for cls. (2) and (3). 3Subs. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 3, for cl. (3).THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 286-287.)171 company for consumption in the construction, maintenance or operation of any railway, and any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity. 288. (1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley. Explanation.— The expression “law of a State in force” in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. (2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order. 289. (1) The property and income of a State shall be exempt from Union taxation. (2) Nothing in clause (1) shall prevent the Union from imposing, or authorising the imposition of, any tax to such extent, if any, as Parliament may by law provideExemption fromtaxation by Statesin respect of wateror electricity incertain cases. Exemption of property andincome of a Statefrom Uniontaxation.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 287—289.)172 in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or anyoperations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith. (3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of Government. 290. Where under the provisions of this Constitution the expenses of any court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if— (a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or (b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India. 1[290A. A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year toAdjustment inrespect of certainexpenses andpensions. Annual payment to certain DevaswomFunds. 1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 19.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 289—290 A.)173 the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of 1[Tamil Nadu] every year to the Devaswom Fund established inthat State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.] 291. [Privy purse sums of Rulers. ] Rep. by the Constitution (Twenty-sixth Amendment) Act, 197l, s. 2. C HAPTER II.—B ORROWING 292. The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to timebe fixed by Parliament by law and to the giving ofguarantees within such limits, if any, as may be so fixed. 293. (1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may fromtime to time be fixed by the Legislature of such State bylaw and to the giving of guarantees within such limits,if any, as may be so fixed. (2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under article 292 are not exceeded,give guarantees in respect of loans raised by any State,and any sums required for the purpose of making suchloans shall be charged on the Consolidated Fund of India. (3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made tothe State by the Government of India or by its predecessorGovernment, or in respect of which a guarantee has beengiven by the Government of India or by its predecessor Government.Borrowing by the Government ofIndia. 1Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for “Madras” (w.e.f. 14-1-1969).Borrowing by States.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 290A—293.)174 (4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of Indiamay think fit to impose. C HAPTER III.—P ROPERTY , CONTRACTS , RIGHTS , LIABILITIES , OBLIGATIONS AND SUITS 294. As from the commencement of this Constitution— (a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor’s Province shall vest respectively in the Union and the corresponding State, and (b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor’s Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State, subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab. 295. (1) As from the commencement of this Constitution— (a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, andSuccession to property, assets,rights, liabilitiesand obligations incertain cases. Succession to property, assets,rights, liabilitiesand obligations inother cases.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 293—295.)175 (b) all rights, liabilities and obligations of the Government of any Indian State corresponding to aState specified in Part B of the First Schedule, whetherarising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights wereacquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to anyof the matters enumerated in the Union List, subject to any agreement entered into in that behalf by the Government of India with the Government of that State. (2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilitiesand obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1). 296. Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majestyor, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest insuch State, and shall, in any other case, vest in the Union: Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Governmentof a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State. Explanation.— In this article, the expressions “Ruler” and “Indian State” have the same meanings as inarticle 363.Property accruing by escheat or lapseor as bona vacantia.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 295-296.)176 1[297. (1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes ofthe Union. (2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union. (3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritimezones, of India shall be such as may be specified, fromtime to time, by or under any law made by Parliament.] 2[298. The executive power of the Union and of each State shall extend to the carrying on of any trade orbusiness and to the acquisition, holding and disposal ofproperty and the making of contracts for any purpose: Provided that— (a) the said executive power of the Union shall, in so far as such trade or business or such purpose isnot one with respect to which Parliament may makelaws, be subject in each State to legislation by the State; and (b) the said executive power of each State shall, in so far as such trade or business or such purposeis not one with respect to which the State Legislaturemay make laws, be subject to legislation by Parliament.] 299. (1) All contracts made in the exercise of the executive power of the Union or of a State shall beexpressed to be made by the President, or by theGovernor 3*** of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf ofThings of value within territorialwaters orcontinental shelfand resources ofthe exclusiveeconomic zone tovest in the Union. Contracts. 1Subs. by the Constitution (Fortieth Amendment) Act, 1976, s. 2, for art. 297 (w.e.f. 27-5-1976). 2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 20, for art. 298. 3The words “or the Rajpramukh“ omitted by s. 29 and Sch., ibid.Power to carry on trade, etc.THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 297—299.)177 the President or the Governor 1*** by such persons and in such manner as he may direct or authorise. (2) Neither the President nor the Governor 2*** shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution,or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract orassurance on behalf of any of them be personally liable in respect thereof. 300. (1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made byAct of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in thelike cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not beenenacted. (2) If at the commencement of this Constitution— (a) any legal proceedings are pending to which the Dominion of India is a party, the Union of Indiashall be deemed to be substituted for the Dominion in those proceedings; and (b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in thoseproceedings. 3[CHAPTER IV.—R IGHT TO PROPERTY 300A. No person shall be deprived of his property save by authority of law.]Suits and proceedings. Persons not to be deprived ofproperty save byauthority of law. 1The words “or the Rajpramukh“ omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “nor the Rajpramukh“ omitted by s. 29 and Sch., ibid. 3Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 34 (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits. — Arts. 299—300 A.)178 PART XIII TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA 301. Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory ofIndia shall be free. 302. Parliament may by law impose such restrictions on the freedom of trade, commerce or intercoursebetween one State and another or within any part of theterritory of India as may be required in the public interest. 303. (1) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shallhave power to make any law giving, or authorising thegiving of, any preference to one State over another, ormaking, or authorising the making of, any discriminationbetween one State and another, by virtue of any entryrelating to trade and commerce in any of the Lists in theSeventh Schedule. (2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the givingof, any preference or making, or authorising the makingof, any discrimination if it is declared by such law thatit is necessary to do so for the purpose of dealing witha situation arising from scarcity of goods in any part ofthe territory of India. 304. Notwithstanding anything in article 301 or article 303, the Legislature of a State may by law— (a) impose on goods imported from other States 1[or the Union territories] any tax to which similar goods manufactured or produced in that State aresubject, so, however, as not to discriminate betweengoods so imported and goods so manufactured orproduced; and 179Freedom of trade, commerce andintercourse. Power of Parliament toimpose restrictionson trade, commerceand intercourse. Restrictions on the legislative powersof the Union andof the States withregard to tradeand commerce. Restrictions on trade, commerceand intercourseamong States. 1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with orwithin that State as may be required in the publicinterest: Provided that no Bill or amendment for the purposes of clause ( b) shall be introduced or moved in the Legislature of a State without the previous sanction ofthe President. 1[305. Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as thePresident may by order otherwise direct; and nothing inarticle 301 shall affect the operation of any law madebefore the commencement of the Constitution (FourthAmendment) Act, 1955, in so far as it relates to, or preventParliament or the Legislature of a State from making anylaw relating to, any such matter as is referred to in sub-clause ( ii) of clause (6) of article 19.] 306. [Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce. ] Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 307. Parliament may by law appoint such authority as it considers appropriate for carrying out the purposesof articles 301, 302, 303 and 304, and confer on theauthority so appointed such powers and such duties asit thinks necessary.Saving of existinglaws and lawsproviding for Statemonopolies. Appointment of authority forcarrying out thepurposes of articles301 to 304. 1Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 4, for art. 305.THE CONSTITUTION OF INDIA (Part XIII. —Trade, Commerce and Intercourse within the Territory of India.—Arts. 304 —307.)180 PART XIV SERVICES UNDER THE UNION AND THE STATES CHAPTER I.—S ERVICES 308. In this Part, unless the context otherwise requires, the expression “State” 1[does not include the State of Jammu and Kashmir]. 309. Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate therecruitment, and conditions of service of personsappointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of servicesand posts in connection with the affairs of the Union,and for the Governor 2*** of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of personsappointed, to such services and posts until provision inthat behalf is made by or under an Act of the appropriateLegislature under this article, and any rules so madeshall have effect subject to the provisions of any such Act. 310. (1) Except as expressly provided by this Constitution, every person who is a member of a defenceservice or of a civil service of the Union or of anall-India service or holds any post connected with defenceor any civil post under the Union holds office during thepleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure ofthe Governor 3*** of the State. (2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the 181Interpretation. Recruitment and conditions ofservice of personsserving the Unionor a State. Tenure of office of persons serving theUnion or a State. 1 Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “means a State specified in Part A or Part B of the First Schedule”. 2The words “or Rajpramukh” omitted by s. 29 and Sch., ibid. 3The words “or, as the case may be, the Rajpramukh” omitted by s. 29 and Sch., ibid. pleasure of the President or, as the case may be, of the Governor 1*** of the State, any contract under which a person, not being a member of a defence service or of anall-India service or of a civil service of the Union or aState, is appointed under this Constitution to hold sucha post may, if the President or the Governor 2***, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before theexpiration of an agreed period that post is abolished orhe is, for reasons not connected with any misconduct onhis part, required to vacate that post. 311. (1) No person who is a member of a civil service of the Union or an all-India service or a civil serviceof a State or holds a civil post under the Union or aState shall be dismissed or removed by an authoritysubordinate to that by which he was appointed. 3[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry inwhich he has been informed of the charges against himand given a reasonable opportunity of being heard inrespect of those charges 4***: 5[Provided that where it is proposed after such inquiry, to impose upon him any such penalty, suchpenalty may be imposed on the basis of the evidenceadduced during such inquiry and it shall not be necessaryto give such person any opportunity of making represen-tation on the penalty proposed: Provided further that this clause shall not apply—] (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; orDismissal, removal or reduction in rankof personsemployed in civilcapacities under theUnion or a State. 1The words “or the Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “or the Rajpramukh” omitted by s. 29 and Sch., ibid. 3Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3). 4Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44 (w.e.f. 3-1-1977). 5Subs. by s. 44, ibid., for certain words (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 310—311.)182 (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authorityin writing, it is not reasonably practicable to holdsuch inquiry; or (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold suchinquiry. (3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or removesuch person or to reduce him in rank shall be final.] 312. (1) Notwithstanding anything in 1[Chapter VI of Part VI or Part XI], if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary orexpedient in the national interest so to do, Parliamentmay by law provide for the creation of one or more allIndia services 2[(including an all-India judicial service)] common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, toany such service. (2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article. 2[(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a districtjudge as defined in article 236. (4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VIAll-India services. 1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45, for “Part XI” (w.e.f. 3-1-1977). 2Ins. by s. 45, ibid. (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 311—312.)183 as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes ofarticle 368.] 1[312A. (1) Parliament may by law— (a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respectsremuneration, leave and pension and the rights asrespects disciplinary matters of persons who, havingbeen appointed by the Secretary of State or Secretaryof State in Council to a civil service of the Crown in India before the commencement of this Constitution, continue on and after the commencement of theConstitution (Twenty-eighth Amendment) Act, 1972,to serve under the Government of India or of a Statein any service or post; (b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed bythe Secretary of State or Secretary of State in Councilto a civil service of the Crown in India before thecommencement of this Constitution, retired orotherwise ceased to be in service at any time before the commencement of the Constitution (Twenty- eighth Amendment) Act, 1972: Provided that in the case of any such person who is holding or has held the office of the Chief Justice or otherJudge of the Supreme Court or a High Court, theComptroller and Auditor-General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner, nothingin sub-clause ( a) or sub-clause ( b) shall be construed as empowering Parliament to vary or revoke, after hisappointment to such post, the conditions of his service tohis disadvantage except in so far as such conditions of service are applicable to him by reason of his being a person appointed by the Secretary of State or Secretaryof State in Council to a civil service of the Crown in India.Power of Parliament to varyor revokeconditions ofservice of officersof certain services. 1Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-8-1972).THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 312—312 A.)184 (2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any Legislature or other authorityunder any other provision of this Constitution to regulate the conditions of service of persons referred to in clause (1). (3) Neither the Supreme Court nor any other court shall have jurisdiction in— (a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into orexecuted by any person referred to in clause (1), orarising out of any letter issued to such person, inrelation to his appointment to any civil service ofthe Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof; (b) any dispute in respect of any right, liability or obligation under article 314 as originally enacted. (4) The provisions of this article shall have effect notwithstanding anything in article 314 as originallyenacted or in any other provision of this Constitution.] 313. Until other provision is made in this behalf under this Constitution, all the laws in force immediately beforethe commencement of this Constitution and applicable toany public service or any post which continues to existafter the commencement of this Constitution, as an all-India service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution. 314. [Provision for protection of existing officers of certain services. ] Rep. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-8-1972). C HAPTER II.— P UBLIC SERVICE COMMISSIONS 315. (1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.Transitional provisions. Public Service Commissions forthe Union and forthe States.THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 312A—315.)185 (2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the Houseor, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State PublicService Commission (referred to in this Chapter as JointCommission) to serve the needs of those States. (3) Any such law as aforesaid may contain such incidental and consequential provisions as may benecessary or desirable for giving effect to the purposes of the law. (4) The Public Service Commission for the Union, if requested so to do by the Governor 1*** of a State, may, with the approval of the President, agree to serve all orany of the needs of the State. (5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of theUnion or, as the case may be, the State as respects theparticular matter in question. 316. (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of theUnion Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor 1*** of the State: Provided that as nearly as may be one-half of the members of every Public Service Commission shall bepersons who at the dates of their respective appointmentshave held office for at least ten years either under theGovernment of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution duringwhich a person has held office under the Crown in Indiaor under the Government of an Indian State shall be included.Appointment and term of office ofmembers. 1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 315—316.)186 1[(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform theduties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be,until the Chairman has resumed his duties, be performedby such one of the other members of the Commission asthe President, in the case of the Union Commission or aJoint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose. (2) A member of a Public Service Commission shall hold office for a term of six years from the date on whichhe enters upon his office or until he attains, in the caseof the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of 2[sixty-two years], whichever is earlier: Provided that— (a) a member of a Public Service Commission may, by writing under his hand addressed, in the caseof the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor 3*** of the State, resign his office; (b) a member of a Public Service Commission may be removed from his office in the manner providedin clause (1) or clause (3) of article 317. (3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office. 317. (1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office byRemoval and suspension of amember of a PublicService Commission. 1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11. 2Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for “sixty years”. 3The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 316—317.)187 order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance withthe procedure prescribed in that behalf under article 145,reported that the Chairman or such other member, as thecase may be, ought on any such ground to be removed. (2) The President, in the case of the Union Commission or a Joint Commission, and the Governor 1*** in the case of a State Commission, may suspend from office theChairman or any other member of the Commission inrespect of whom a reference has been made to the SupremeCourt under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairmanor any other member of a Public Service Commission if the Chairman or such other member, as the case may be,— (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind orbody. (4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concernedor interested in any contract or agreement made by or onbehalf of the Government of India or the Government ofa State or participates in any way in the profit thereof orin any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for thepurposes of clause (1), be deemed to be guilty of misbehaviour. 1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Art. 317.)188 318. In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor 1*** of the State may by regulations— (a) determine the number of members of the Commission and their conditions of service; and (b) make provision with respect to the number of members of the staff of the Commission and theirconditions of service: Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment. 319. On ceasing to hold office— (a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of Indiaor under the Government of a State; (b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any otherState Public Service Commission, but not for anyother employment either under the Government ofIndia or under the Government of a State; (c) a member other than the Chairman of the Union Public Service Commission shall be eligiblefor appointment as the Chairman of the Union PublicService Commission, or as the Chairman of a StatePublic Service Commission, but not for any otheremployment either under the Government of India or under the Government of a State; (d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other memberPower to make regulations as toconditions ofservice of membersand staff of theCommission. Prohibition as to the holding ofoffices by membersof Commission onceasing to be suchmembers. 1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA ((Part XIV. —Services under the Union and the States.— Arts. 318—319.)189 of the Union Public Service Commission or as the Chairman of that or any other State Public ServiceCommission, but not for any other employment eitherunder the Government of India or under the Government of a State. 320. (1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations forappointments to the services of the Union and the services of the State respectively. (2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidatespossessing special qualifications are required. (3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted— (a) on all matters relating to methods of recruitment to civil services and for civil posts; (b) on the principles to be followed in making appointments to civil services and posts and inmaking promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers; (c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, includingmemorials or petitions relating to such matters; (d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under theCrown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted againsthim in respect of acts done or purporting to be done in the execution of his duty should be paid out of theFunctions of Public ServiceCommissions.THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 319—320.)190 Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State; (e) on any claim for the award of a pension in respect of injuries sustained by a person whileserving under the Government of India or theGovernment of a State or under the Crown in Indiaor under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award, and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on anyother matter which the President, or, as the case may be, the Governor 1*** of the State, may refer to them: Provided that the President as respects the all-India services and also as respects other services and posts inconnection with the affairs of the Union, and theGovernor 2***, as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which eithergenerally, or in any particular class of case or in anyparticular circumstances, it shall not be necessary for aPublic Service Commission to be consulted. (4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner inwhich any provision referred to in clause (4) of article 16may be made or as respects the manner in which effectmay be given to the provisions of article 335. (5) All regulations made under the proviso to clause (3) by the President or the Governor 1*** of a State shall be laid for not less than fourteen days before eachHouse of Parliament or the House or each House of theLegislature of the State, as the case may be, as soon aspossible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses 1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “or Rajpramukh, as the case may be” omitted by s. 29 and Sch., ibid.THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Art. 320.)191 of the Legislature of the State may make during the session in which they are so laid. 321. An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exerciseof additional functions by the Union Public ServiceCommission or the State Public Service Commission asrespects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution. 322. The expenses of the Union or a State Public Service Commission, including any salaries, allowancesand pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, theConsolidated Fund of the State. 323. (1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof togetherwith a memorandum explaining, as respects the cases, ifany, where the advice of the Commission was not accepted,the reasons for such non-acceptance to be laid beforeeach House of Parliament. (2) It shall be the duty of a State Commission to present annually to the Governor 1*** of the State a report as to the work done by the Commission, and it shall bethe duty of a Joint Commission to present annually to theGovernor 1*** of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and ineither case the Governor 2***, shall, on receipt of such report, cause a copy thereof together with a memorandumexplaining, as respects the cases, if any, where the adviceof the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.Power to extend functions ofPublic ServiceCommissions. Expenses of Public ServiceCommissions. Reports of Public ServiceCommissions. 1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “or Rajpramukh, as the case may be” omitted by s. 29 and Sch., ibid.THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 320—323.)192 1[PART XIVA TRIBUNALS 323A. (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment andconditions of service of persons appointed to publicservices and posts in connection with the affairs of theUnion or of any State or of any local or other authoritywithin the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government. (2) A law made under clause (1) may— (a) provide for the establishment of an administrative tribunal for the Union and a separateadministrative tribunal for each State or for two or more States; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority whichmay be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followedby the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaintsreferred to in clause (1); (e) provide for the transfer to each such administrative tribunal of any cases pending beforeany court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causesof action on which such suits or proceedings arebased had arisen after such establishment; (f) repeal or amend any order made by the President under clause (3) of article 371D; 193 1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 46 (w.e.f. 3-1-1977).Administrative tribunals. (g) contain such supplemental, incidental and consequential provisions (including provisions as tofees) as Parliament may deem necessary for theeffective functioning of, and for the speedy disposalof cases by, and the enforcement of the orders of,such tribunals. (3) The provisions of this article shall have effect notwithstanding anything in any other provision of thisConstitution or in any other law for the time being inforce. 323B. (1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of anydisputes, complaints, or offences with respect to all orany of the matters specified in clause (2) with respect towhich such Legislature has power to make laws. (2) The matters referred to in clause (1) are the following, namely:— (a) levy, assessment, collection and enforcement of any tax; (b) foreign exchange, import and export across customs frontiers; (c) industrial and labour disputes; (d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rightstherein or the extinguishment or modification of anysuch rights or by way of ceiling on agricultural landor in any other way; (e) ceiling on urban property; (f) elections to either House of Parliament or the House or either House of the Legislature of a State,but excluding the matters referred to in article 329and article 329A; (g) production, procurement, supply and distribution of food-stuffs (including edible oilseedsand oils) and such other goods as the President may,by public notification, declare to be essential goodsTribunals forother matters.THE CONSTITUTION OF INDIA (Part XIV A. —Tribunals.—Arts. 323A—323 B.)194 for the purpose of this article and control of prices of such goods; 1[(h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords andtenants;] 2[(i)] offences against laws with respect to any of the matters specified in sub-clauses ( a) to 3[(h)] and fees in respect of any of those matters; 2[(j)] any matter incidental to any of the matters specified in sub-clauses ( a) to 4[(i)]. (3) A law made under clause (1) may— (a) provide for the establishment of a hierarchy of tribunals; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority whichmay be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followedby the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136,with respect to all or any of the matters falling withinthe jurisdiction of the said tribunals; (e) provide for the transfer to each such tribunal of any cases pending before any court or any otherauthority immediately before the establishment ofsuch tribunal as would have been within thejurisdiction of such tribunal if the causes of action onwhich such suits or proceedings are based had arisenafter such establishment; 1Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994). 2Sub-clauses ( h) and ( i) re-lettered as sub-clauses ( i) and ( j) by s. 2, ibid. (w.e.f. 15-5-1994). 3Subs. by s. 2, ibid., for “( g)” (w.e.f. 15-5-1994). 4Subs. by s. 2, ibid., for “( h)” (w.e.f. 15-5-1994).THE CONSTITUTION OF INDIA (Part XIV A. —Tribunals.—Art. 323B.)195 (f) contain such supplemental, incidental and consequential provisions (including provisions as tofees) as the appropriate Legislature may deemnecessary for the effective functioning of, and for thespeedy disposal of cases by, and the enforcement ofthe orders of, such tribunals. (4) The provisions of this article shall have effect notwithstanding anything in any other provision of thisConstitution or in any other law for the time being inforce. Explanation.— In this article, “appropriate Legislature”, in relation to any matter, means Parliamentor, as the case may be, a State Legislature competent tomake laws with respect to such matter in accordancewith the provisions of Part XI.]THE CONSTITUTION OF INDIA (Part XIV A. —Tribunals.—Art. 323B.)196 PART XV ELECTIONS 324. (1) The superintendence, direction and control of the preparation of the electoral rolls for, and theconduct of, all elections to Parliament and to theLegislature of every State and of elections to the officesof President and Vice-President held under thisConstitution 1*** shall be vested in a Commission (referred to in this Constitution as the ElectionCommission). (2) The Election Commission shall consist of the Chief Election Commissioner and such number of otherElection Commissioners, if any, as the President mayfrom time to time fix and the appointment of the ChiefElection Commissioner and other Election Commissionersshall, subject to the provisions of any law made in thatbehalf by Parliament, be made by the President. (3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act asthe Chairman of the Election Commission. (4) Before each general election to the House of the People and to the Legislative Assembly of each State,and before the first general election and thereafter beforeeach biennial election to the Legislative Council of eachState having such Council, the President may also appointafter consultation with the Election Commission suchRegional Commissioners as he may consider necessaryto assist the Election Commission in the performanceof the functions conferred on the Commission byclause (1). (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure ofoffice of the Election Commissioners and the RegionalCommissioners shall be such as the President may byrule determine: 197Superintendence, direction andcontrol of electionsto be vested in anElectionCommission. 1The words “including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to Parliament and to the Legislat ures of States” omitted by the Constitution (Nineteenth Amendment) Act, 1966, s. 2. Provided that the Chief Election Commissioner shall not be removed from his office except in like manner andon the like grounds as a Judge of the Supreme Court andthe conditions of service of the Chief ElectionCommissioner shall not be varied to his disadvantageafter his appointment: Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed fromoffice except on the recommendation of the Chief ElectionCommissioner. (6) The President, or the Governor 1*** of a State, shall, when so requested by the Election Commission,make available to the Election Commission or to a RegionalCommissioner such staff as may be necessary for thedischarge of the functions conferred on the ElectionCommission by clause (1). 325. There shall be one general electoral roll for every territorial constituency for election to either House ofParliament or to the House or either House of theLegislature of a State and no person shall be ineligiblefor inclusion in any such roll or claim to be includedin any special electoral roll for any such constituencyon grounds only of religion, race, caste, sex or any ofthem. 326. The elections to the House of the People and to the Legislative Assembly of every State shall be on thebasis of adult suffrage; that is to say, every person whois a citizen of India and who is not less than 2[eighteen years] of age on such date as may be fixed in that behalfby or under any law made by the appropriate Legislatureand is not otherwise disqualified under this Constitutionor any law made by the appropriate Legislature on theground of non-residence, unsoundness of mind, crime orcorrupt or illegal practice, shall be entitled to be registeredas a voter at any such election.No person to beineligible forinclusion in, or toclaim to beincluded in aspecial, electoralroll on grounds ofreligion, race,caste or sex. Elections to the House of thePeople and to theLegislativeAssemblies ofStates to be onthe basis of adultsuffrage. 1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for “twenty-one years”.THE CONSTITUTION OF INDIA (Part XV. —Elections.—Arts. 324—326 .)198 327. Subject to the provisions of this Constitution, Parliament may from time to time by law make provisionwith respect to all matters relating to, or in connectionwith, elections to either House of Parliament or to theHouse or either House of the Legislature of a Stateincluding the preparation of electoral rolls, thedelimitation of constituencies and all other mattersnecessary for securing the due constitution of such Houseor Houses. 328. Subject to the provisions of this Constitution and in so far as provision in that behalf is not made byParliament, the Legislature of a State may from time totime by law make provision with respect to all mattersrelating to, or in connection with, the elections to theHouse or either House of the Legislature of the Stateincluding the preparation of electoral rolls and all othermatters necessary for securing the due constitution ofsuch House or Houses. 329. 1[Notwithstanding anything in this Constitution 2***—] (a) the validity of any law relating to the delimitation of constituencies or the allotment of seatsto such constituencies, made or purporting to bemade under article 327 or article 328, shall not becalled in question in any court; (b) no election to either House of Parliament or to the House or either House of the Legislature of aState shall be called in question except by an electionpetition presented to such authority and in suchmanner as may be provided for by or under any lawmade by the appropriate Legislature. 3329A. [Special provision as to elections to Parliament in the case of Prime Minister and Speaker. ] Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).Power ofParliament to makeprovision withrespect to electionsto Legislatures. Power of Legislature of aState to makeprovision withrespect to electionsto such Legislature. Bar to interference by courts inelectoral matters. 1Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words. 2The words, figures and letters “but subject to the provisions of article 329A” omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 35 (w.e.f. 20-6-1979). 3Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 4.THE CONSTITUTION OF INDIA (Part XV. —Elections.—Arts. 327—329 A.)199 PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES 330. (1) Seats shall be reserved in the House of the People for — (a) the Scheduled Castes; 1[(b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and] (c) the Scheduled Tribes in the autonomous districts of Assam. (2) The number of seats reserved in any State 2[or Union territory] for the Scheduled Castes or the ScheduledTribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State 2[or Union territory] in the House of the People as the population of the Scheduled Castes in theState 2[or Union territory] or of the Scheduled Tribes in the State 2[or Union territory] or part of the State 2[or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State 2[or Union territory]. 3[(3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of thePeople for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than thepopulation of the Scheduled Tribes in the said autonomousdistricts bears to the total population of the State.] 4[Explanation— In this article and in article 332, the expression “population” means the population as 200Reservation of seats for ScheduledCastes andScheduled Tribes inthe House of thePeople. 1Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause ( b) (w.e.f. 16-6-1986). 2Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 3Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3. 4Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977). ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures havebeen published shall, until the relevant figures for the first census taken after the year 1[2026] have been published, be construed as a reference to the 2[2001] census.] 331. Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House ofthe People, nominate not more than two members of that community to the House of the People. 332. (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, 3[except the Scheduled Tribes in the autonomous districts of Assam], in the Legislative Assembly of every State 4***. (2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam. (3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total numberof seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, inrespect of which seats are so reserved, bears to the total population of the State. 5[(3A) Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the re- adjustment, on the basis of the first census after the year 6[2026], of the number of seats in the LegislativeRepresentation of the Anglo-IndianCommunity in theHouse of thePeople. Reservation of seats for ScheduledCastes andScheduled Tribes inthe LegislativeAssemblies of theStates. 1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for “2000” and “1971” respectively. 2Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for “1991”. 3Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f. 16-6-1986). 4The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 5Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, s. 2 (w.e.f. 21-9-1987). 6Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for “2000”.THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Arts. 330—332.)201 Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be,— (a) if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred to as theexisting Assembly) are held by members of the Scheduled Tribes, all the seats except one; (b) in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled Tribes in the existingAssembly bears to the total number of seats in the existing Assembly.] 1[(3B) Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes effect on the basis of the first census after the year 2[2026], of the number of seats in the Legislative Assembly of theState of Tripura, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number ofseats, a proportion not less than the number, as on the date of coming into force of the Constitution (Seventy- second Amendment) Act, 1992, of members belonging tothe Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.] (4) The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assemblya proportion not less than the population of the district bears to the total population of the State. (5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district 3***. 1Ins. by the Constitution (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f. 5-12-1992). 2Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for “2000”. 3Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (w.e.f. 21-1-1972).202 THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Art. 332.) (6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assemblyof the State from any constituency of that district 1***: 2[Provided that for elections to the Legislative Assembly of the State of Assam, the representation of theScheduled Tribes and non-Scheduled Tribes in theconstituencies included in the Bodoland Territorial AreasDistrict, so notified, and existing prior to the constitutionof Bodoland Territorial Areas District, shall bemaintained.] 333. Notwithstanding anything in article 170, the Governor 3*** of a State may, if he is of opinion that the Anglo-Indian community needs representation in theLegislative Assembly of the State and is not adequatelyrepresented therein, 4[nominate one member of that community to the Assembly]. 334. Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to— (a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of thePeople and in the Legislative Assemblies of the States;and (b) the representation of the Anglo-Indian community in the House of the People and in theLegislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of 5[sixty years] from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in theLegislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.Representation of the Anglo-Indiancommunity in theLegislativeAssemblies of theStates. Reservation of seats and special representation to cease after 5[sixty years]. 1Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (w.e.f. 21-1-1972). 2Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2. 3The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 4Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for “nominate such number of members of the community to the Assembly as he considers appropriate”. 5Subs. by the Constitution (Seventy-ninth Amendment) Act, 1999, s. 2, for “fifty years” (w.e.f. 25-1-2000).THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Arts. 332—334.)203 335. The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making ofappointments to services and posts in connection with the affairs of the Union or of a State: 1[Provided that nothing in this article shall prevent in making of any provision in favour of the members of theScheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters ofpromotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.] 336. (1) During the first two years after the commencement of this Constitution, appointments ofmembers of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediatelybefore the fifteenth day of August, 1947. During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible,be less by ten per cent. than the numbers so reserved during the immediately preceding period of two years: Provided that at the end of ten years from the commencement of this Constitution all such reservationsshall cease. (2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualifiedfor appointment on merit as compared with the members of other communities. 337. During the first three financial years after the commencement of this Constitution, the same grants, ifany, shall be made by the Union and by each State 2*** for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948.Claims of Scheduled Castesand ScheduledTribes to servicesand posts. Special provision for Anglo-Indiancommunity incertain services. Special provision with respect toeducational grantsfor the benefit ofAnglo-Indiancommunity. 1Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2. 2The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.204 THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Arts. 335—337.) During every succeeding period of three years the grants may be less by ten per cent. than those for the immediately preceding period of three years : Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the Anglo- Indian community, shall cease: Provided further that no educational institution shall be entitled to receive any grant under this article unlessat least forty per cent. of the annual admissions thereinare made available to members of communities otherthan the Anglo-Indian community. 338. 2[(1) There shall be a Commission for the Scheduled Castes to be known as the NationalCommission for the Scheduled Castes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of aChairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members soappointed shall be such as the President may by ruledetermine.] (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by thePresident by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission— (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes 3*** under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; 1Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for the marginal heading (w.e.f. 19-2-2004). 2Subs. by s. 2, ibid., for cls. (1) and (2) (w.e.f. 19-2-2004). 3The words “and Scheduled Tribes” omitted by s. 2, ibid. (w.e.f. 19-2-2004).1[National Commission forScheduled Castes.]THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Arts. 337-338.)205 (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes 1***; (c) to participate and advise on the planning process of socio-economic development of theScheduled Castes 1*** and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit,reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of thosesafeguards and other measures for the protection,welfare and socio-economic development of theScheduled Castes 1***; and (f) to discharge such other functions in relation to the protection, welfare and development andadvancement of the Scheduled Castes 1*** as the President may, subject to the provisions of any lawmade by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with amemorandum explaining the action taken or proposed tobe taken on the recommendations relating to the Unionand the reasons for the non-acceptance, if any, of any ofsuch recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government isconcerned, a copy of such report shall be forwarded tothe Governor of the State who shall cause it to be laidbefore the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Stateand the reasons for the non-acceptance, if any, of any of such recommendations. 1The words “and Scheduled Tribes” omitted by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).206 THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Art. 338.) (8) The Commission shall, while investigating any matter referred to in sub-clause ( a) or inquiring into any complaint referred to in sub-clause ( b) of clause (5), have all the powers of a civil court trying a suit and inparticular in respect of the following matters, namely :— (a) summoning and enforcing the attendance of any person from any part of India and examininghim on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy mattersaffecting Scheduled Castes 1***.] 2[(10)] In this article, references to the Scheduled Castes 1*** shall be construed as including references to such other backward classes as the President may, onreceipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also to the Anglo-Indian community. 3[338A. (1) There shall be a Commission for the Scheduled Tribes to be known as the NationalCommission for the Scheduled Tribes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the 1The words “and Scheduled Tribes” omitted by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004). 2Cl. (3) renumbered as cl. (10) by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2 (w.e.f. 12-3-1992). 3Ins. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 3 (w.e.f. 19-2-2004).NationalCommission forScheduled Tribes.THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Arts. 338-338 A.)207 Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President by rule determine. (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by thePresident by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission— (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribesunder this Constitution or under any other law forthe time being in force or under any order of theGovernment and to evaluate the working of suchsafeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of theScheduled Tribes; (c) to participate and advise on the planning process of socio-economic development of theScheduled Tribes and to evaluate the progress of theirdevelopment under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit,reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Unionor any State for the effective implementation of thosesafeguards and other measures for the protection,welfare and socio-economic development of theScheduled Tribes; and (f) to discharge such other functions in relation to the protection, welfare and development andadvancement of the Scheduled Tribes as the Presidentmay, subject to the provisions of any law made byParliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed208 THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Art. 338A.) to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laidbefore the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Stateand the reasons for the non-acceptance, if any, of any of such recommendations. (8) The Commission shall, while investigating any matter referred to in sub-clause ( a) or inquiring into any complaint referred to in sub-clause ( b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: — (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.] 339. (1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States 1***.Control of the Union over theadministration ofScheduled Areasand the welfare ofScheduled Tribes. 1The words and letters “specified in Part A and Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Arts. 338A-339.)209 The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable. (2) The executive power of the Union shall extend to the giving of directions to 1[a State] as to the drawing up and execution of schemes specified in the direction to beessential for the welfare of the Scheduled Tribes in theState. 340. (1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationallybackward classes within the territory of India and thedifficulties under which they labour and to makerecommendations as to the steps that should be taken bythe Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State andthe conditions subject to which such grants should bemade, and the order appointing such Commission shalldefine the procedure to be followed by the Commission. (2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper. (3) The President shall cause a copy of the report so presented together with a memorandum explaining theaction taken thereon to be laid before each House ofParliament. 341. (1) The President 2[may with respect to any State 3[or Union territory], and where it is a State 4***, after consultation with the Governor 5*** thereof,] byAppointment of a Commission toinvestigate theconditions ofbackward classes. Scheduled Castes. 1Subs by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “any such State”. 2Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for “may, after consultation with the Governor or Rajpramukh of a State”. 3Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 4The words and letters “specified in Part A or Part B of the First Schedule” omitted by s. 29 and Sch., ibid. 5The words “or Rajpramukh” omitted by s. 29 and Sch., ibid.210 THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Arts. 339—341.) public notification1, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State 2[or Union territory, as the case may be]. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part ofor group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. 342. (1) The President 3[may with respect to any State 2[or Union territory], and where it is a State 4***, after consultation with the Governor 5*** thereof,] by public notification6, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution bedeemed to be Scheduled Tribes in relation to that State 2[or Union territory, as the case may be]. (2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, butsave as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.Scheduled Tribes. 1See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution (Scheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the Constitution (Jammu andKashmir) Scheduled Castes Order, 1956 (C.O. 52), the Constitution (Dadra and NagarHaveli) Scheduled Castes Order, 1962 (C.O. 64), the Constitution (Pondicherry) ScheduledCastes Order, 1964 (C.O. 68), the Constitution (Goa, Daman and Diu) Scheduled CastesOrder, 1968 (C.O. 81) and the Constitution (Sikkim) Scheduled Castes Order, 1978 (C.O.110). 2Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 3Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for “may, after consultation with the Governor or Rajpramukh of a State,”. 4The words and letters “Specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 5The words “or Rajpramukh” omitted by s. 29 and Sch., ibid. 6See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (C.O. 33), the Constitution (Andamanand Nicobar Islands) Scheduled Tribes Order, 1959 (C.O. 58), the Constitution (Dadra andNagar Haveli) Scheduled Tribes Order, 1962 (C.O. 65), the Constitution (Scheduled Tribes)(Uttar Pradesh) Order, 1967 (C.O. 78), the Constitution (Goa, Daman and Diu) ScheduledTribes Order, 1968 (C.O. 82), the Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O. 88) and the Constitution (Sikkim) Scheduled Tribes Order, 1978 (C.O. 111).THE CONSTITUTION OF INDIA (Part XVI. —Special Provisions relating to certain Classes.—Arts. 341-342.)211 PART XVII OFFICIAL LANGUAGE CHAPTER I.—L ANGUAGE OF THE UNION 343. (1) The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the international form ofIndian numerals. (2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of thisConstitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before suchcommencement: Provided that the President may, during the said period, by order 1 authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of theUnion. (3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the saidperiod of fifteen years, of— (a) the English language, or (b) the Devanagari form of numerals, for such purposes as may be specified in the law. 344. (1) The President shall, at the expiration of five years from the commencement of this Constitution andthereafter at the expiration of ten years from suchcommencement, by order constitute a Commission whichshall consist of a Chairman and such other membersrepresenting the different languages specified in the Eighth Schedule as the President may appoint, and the order 212 1See C.O. 41.Official language of the Union. Commission and Committee ofParliament onofficial language. shall define the procedure to be followed by the Commission. (2) It shall be the duty of the Commission to make recommendations to the President as to— (a) the progressive use of the Hindi language for the official purposes of the Union; (b) restrictions on the use of the English language for all or any of the official purposes of the Union; (c) the language to be used for all or any of the purposes mentioned in article 348; (d) the form of numerals to be used for any one or more specified purposes of the Union; (e) any other matter referred to the Commission by the President as regards the official language of theUnion and the language for communication betweenthe Union and a State or between one State andanother and their use. (3) In making their recommendations under clause (2), the Commission shall have due regard to theindustrial, cultural and scientific advancement of India,and the just claims and the interests of persons belongingto the non-Hindi speaking areas in regard to the publicservices. (4) There shall be constituted a Committee consisting of thirty members, of whom twenty shall be members ofthe House of the People and ten shall be members of theCouncil of States to be elected respectively by themembers of the House of the People and the membersof the Council of States in accordance with the system ofproportional representation by means of the singletransferable vote. (5) It shall be the duty of the Committee to examine the recommendations of the Commission constitutedunder clause (1) and to report to the President theiropinion thereon.THE CONSTITUTION OF INDIA (Part XVII. —Official Language.—Art. 344.)213 (6) Notwithstanding anything in article 343, the President may, after consideration of the report referredto in clause (5), issue directions in accordance with thewhole or any part of that report. C HAPTER II.—R EGIONAL LANGUAGES 345. Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one ormore of the languages in use in the State or Hindi as thelanguage or languages to be used for all or any of theofficial purposes of that State: Provided that, until the Legislature of the State otherwise provides by law, the English language shallcontinue to be used for those official purposes within theState for which it was being used immediately before thecommencement of this Constitution. 346. The language for the time being authorised for use in the Union for official purposes shall be the officiallanguage for communication between one State andanother State and between a State and the Union: Provided that if two or more States agree that the Hindi language should be the official language forcommunication between such States, that language maybe used for such communication. 347. On a demand being made in that behalf the President may, if he is satisfied that a substantialproportion of the population of a State desire the use ofany language spoken by them to be recognised by thatState, direct that such language shall also be officiallyrecognised throughout that State or any part thereof forsuch purpose as he may specify. C HAPTER III.—L ANGUAGE OF THE SUPREME COURT , HIGH COURTS , ETC. 348. (1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwiseprovides— (a) all proceedings in the Supreme Court and in every High Court,Official languageor languages of aState. Official language for communicationbetween one Stateand another orbetween a Stateand the Union. Language to be used in theSupreme Court andin the High Courtsand for Acts, Bills,etc.Special provision relating to languagespoken by a sectionof the populationof a State.THE CONSTITUTION OF INDIA (Part XVII. —Official Language.—Arts. 344—348.)214 (b) the authoritative texts— (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliamentor in the House or either House of the Legislatureof a State, (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinancespromulgated by the President or the Governor 1*** of a State, and (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any lawmade by Parliament or the Legislature of a State, shall be in the English language. (2) Notwithstanding anything in sub-clause ( a) of clause (1), the Governor 1*** of a State may, with the previous consent of the President, authorise the use of theHindi language, or any other language used for any officialpurposes of the State, in proceedings in the High Courthaving its principal seat in that State: Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by suchHigh Court. (3) Notwithstanding anything in sub-clause ( b) of clause (1), where the Legislature of a State has prescribedany language other than the English language for use inBills introduced in, or Acts passed by, the Legislature ofthe State or in Ordinances promulgated by the Governor 1*** of the State or in any order, rule, regulation or bye-law referred to in paragraph ( iii) of that sub-clause, a translation of the same in the English languagepublished under the authority of the Governor 1*** of the State in the Official Gazette of that State shall be deemedto be the authoritative text thereof in the English languageunder this article. 1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA (Part XVII. —Official Language.—Art. 348.)215 349. During the period of fifteen years from the commencement of this Constitution, no Bill or amendmentmaking provision for the language to be used for any ofthe purposes mentioned in clause (1) of article 348 shallbe introduced or moved in either House of Parliamentwithout the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendmentexcept after he has taken into consideration therecommendations of the Commission constituted underclause (1) of article 344 and the report of the Committeeconstituted under clause (4) of that article. C HAPTER IV.—S PECIAL DIRECTIVES 350. Every person shall be entitled to submit a representation for the redress of any grievance to anyofficer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be. 1[350A. It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging tolinguistic minority groups; and the President may issuesuch directions to any State as he considers necessary orproper for securing the provision of such facilities. 350B. (1) There shall be a Special Officer for linguistic minorities to be appointed by the President. (2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards providedfor linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the Presidentshall cause all such reports to be laid before each Houseof Parliament, and sent to the Governments of the Statesconcerned.] 351. It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it maySpecial procedure for enactment ofcertain lawsrelating tolanguage. Language to be used inrepresentations forredress ofgrievances. Facilities for instruction inmother-tongue atprimary stage. Special Officer for linguisticminorities. Directive for development of theHindi language. 1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 21.THE CONSTITUTION OF INDIA (Part XVII. —Official Language.—Arts. 349—351.)216 serve as a medium of expression for all the elements of the composite culture of India and to secure itsenrichment by assimilating without interfering with itsgenius, the forms, style and expressions used inHindustani and in the other languages of India specifiedin the Eighth Schedule, and by drawing, wherevernecessary or desirable, for its vocabulary, primarily onSanskrit and secondarily on other languages.THE CONSTITUTION OF INDIA (Part XVII. —Official Language.—Art. 351.)217 PART XVIII EMERGENCY PROVISIONS 352. (1) If the President is satisfied that a grave emergency exists whereby the security of India or of anypart of the territory thereof is threatened, whether bywar or external aggression or 1[armed rebellion], he may, by Proclamation, make a declaration to that effect 2[in respect of the whole of India or of such part of theterritory thereof as may be specified in the Proclamation]. 3[Explanation. —A Proclamation of Emergency declaring that the security of India or any part of theterritory thereof is threatened by war or by externalaggression or by armed rebellion may be made beforethe actual occurrence of war or of any such aggression orrebellion, if the President is satisfied that there is imminentdanger thereof.] 4[(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation. (3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamationunless the decision of the Union Cabinet (that is to say,the Council consisting of the Prime Minister and otherMinisters of Cabinet rank appointed under article 75)that such a Proclamation may be issued has beencommunicated to him in writing. (4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, exceptwhere it is a Proclamation revoking a previousProclamation, cease to operate at the expiration of onemonth unless before the expiration of that period it hasbeen approved by resolutions of both Houses ofParliament: 218Proclamation of Emergency. 1Subs by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37, for “internal disturbance” (w.e.f. 20-6-1979). 2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 48 (w.e.f. 3-1-1977). 3Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979). 4 Subs. by s. 37, ibid., for cls. (2), (2A) and (3) (w.e.f. 20-6-1979). Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved,or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has beenpassed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period,the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before theexpiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause(4): Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further periodof six months from the date on which it would otherwise have ceased to operate under this clause: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance inforce of such Proclamation has been passed by the Council of States but no resolution with respect to the continuance in force of such Proclamation has beenpassed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of thePeople first sits after its reconstitution unless before the expiration of the said period of thirty days, a resolution approving the continuance in force of the Proclamationhas been also passed by the House of the People.THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Art. 352.)219 (6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only by amajority of the total membership of that House and by amajority of not less than two-thirds of the Members ofthat House present and voting. (7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke aProclamation issued under clause (1) or a Proclamationvarying such Proclamation if the House of the Peoplepasses a resolution disapproving, or, as the case may be,disapproving the continuance in force of, suchProclamation. (8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House ofthe People has been given, of their intention to move aresolution for disapproving, or, as the case may be, fordisapproving the continuance in force of, a Proclamationissued under clause (1) or a Proclamation varying suchProclamation,— (a) to the Speaker, if the House is in session; or (b) to the President, if the House is not in session, a special sitting of the House shall be held within fourteen days from the date on which such notice is received bythe Speaker, or, as the case may be, by the President, forthe purpose of considering such resolution.] 1[2[(9)] The power conferred on the President by this article shall include the power to issue differentProclamations on different grounds, being war or externalaggression or 3[armed rebellion] or imminent danger of war or external aggression or 3[armed rebellion], whether or not there is a Proclamation already issued by thePresident under clause (1) and such Proclamation is inoperation. 4* * * * * ] 1Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (retrospectively). 2Cl. (4) re-numbered as cl. (9) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f 20-6-1979). 3Subs. by s. 37, ibid., for “internal disturbance” (w.e.f 20-6-1979). 4Cl. (5) omitted by s. 37, ibid. (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Art. 352.)220 353. While a Proclamation of Emergency is in operation, then— (a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to thegiving of directions to any State as to the mannerin which the executive power thereof is to beexercised; (b) the power of Parliament to make laws with respect to any matter shall include power to makelaws conferring powers and imposing duties, orauthorising the conferring of powers and theimposition of duties, upon the Union or officers andauthorities of the Union as respects that matter,notwithstanding that it is one which is notenumerated in the Union List: 1[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,— (i) the executive power of the Union to give directions under clause ( a), and (ii) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergencyis in operation if and in so far as the security of India orany part of the territory thereof is threatened by activitiesin or in relation to the part of the territory of India inwhich the Proclamation of Emergency is in operation.] 354. (1) The President may, while a Proclamation of Emergency is in operation, by order direct that all or anyof the provisions of articles 268 to 279 shall for suchperiod, not extending in any case beyond the expirationof the financial year in which such Proclamation ceasesto operate, as may be specified in the order, have effectsubject to such exceptions or modifications as he thinksfit.Effect ofProclamation ofEmergency. Application of provisions relatingto distribution ofrevenues while aProclamation ofEmergency is inoperation. 1Ins. by the Constitution (Forty-second Amendment) Act 1976, s. 49 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Arts. 353-354.)221 (2) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House ofParliament. 355. It shall be the duty of the Union to protect every State against external aggression and internal disturbanceand to ensure that the Government of every State iscarried on in accordance with the provisions of thisConstitution. 356. (1) If the President, on receipt of a report from the Governor 1*** of a State or otherwise, is satisfied that a situation has arisen in which the Government of the Statecannot be carried on in accordance with the provisionsof this Constitution, the President may by Proclamation— (a) assume to himself all or any of the functions of the Government of the State and all or any of thepowers vested in or exercisable by the Governor 2*** or any body or authority in the State other than theLegislature of the State; (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authorityof Parliament; (c) make such incidental and consequential provisions as appear to the President to be necessaryor desirable for giving effect to the objects of theProclamation, including provisions for suspendingin whole or in part the operation of any provisionsof this Constitution relating to any body or authorityin the State: Provided that nothing in this clause shall authorise the President to assume to himself any of the powersvested in or exercisable by a High Court, or to suspendin whole or in part the operation of any provision of thisConstitution relating to High Courts.Duty of the Unionto protect Statesagainst externalaggression andinternaldisturbance. Provisions in case of failure ofconstitutionalmachinery inStates. 1The words “or Rajpramukh“ omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “or Rajpramukh, as the case may be” omitted by s. 29 and Sch., ibid.THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Arts. 354—356.)222 (2) Any such Proclamation may be revoked or varied by a subsequent Proclamation. (3) Every Proclamation under this article shall be laid before each House of Parliament and shall, exceptwhere it is a Proclamation revoking a previousProclamation, cease to operate at the expiration of twomonths unless before the expiration of that period it hasbeen approved by resolutions of both Houses ofParliament: Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issuedat a time when the House of the People is dissolved orthe dissolution of the House of the People takes placeduring the period of two months referred to in this clause,and if a resolution approving the Proclamation has beenpassed by the Council of States, but no resolution withrespect to such Proclamation has been passed by theHouse of the People before the expiration of that period,the Proclamation shall cease to operate at the expirationof thirty days from the date on which the House of thePeople first sits after its reconstitution unless before theexpiration of the said period of thirty days a resolutionapproving the Proclamation has been also passed by theHouse of the People. (4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of 1[six months from the date of issue of the Proclamation]: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passedby both Houses of Parliament, the Proclamation shall, unlessrevoked, continue in force for a further period of 2[six months] from the date on which under this clause it 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year from the date of the passing of the second of the resolutions approving the Proclamationunder clause (3)” (w.e.f. 20-6-1979). The words “one year” were subs. for the original words“six months” by the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f.3-1-1977). 2Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year” (w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” bythe Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Art. 356.)223 would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for morethan three years: Provided further that if the dissolution of the House of the People takes place during any such period of 1[six months] and a resolution approving the continuance inforce of such Proclamation has been passed by the Councilof States, but no resolution with respect to the continuancein force of such Proclamation has been passed by theHouse of the People during the said period, theProclamation shall cease to operate at the expiration ofthirty days from the date on which the House of thePeople first sits after its reconstitution unless before theexpiration of the said period of thirty days a resolutionapproving the continuance in force of the Proclamationhas been also passed by the House of the People: 2[Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 withrespect to the State of Punjab, the reference in the firstproviso to this clause to “three years” shall be construedas a reference to 3[five years].] 4[(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in forceof a Proclamation approved under clause (3) for anyperiod beyond the expiration of one year from the date ofissue of such Proclamation shall not be passed by eitherHouse of Parliament unless— (a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in thewhole or any part of the State, at the time of thepassing of such resolution, and 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year“ (w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” bythe Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977). 2Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2. 3Successively subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 and the Constitution (Sixty-eighth Amendment) Act, 1991, s. 2 to read as above. 4Subs by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for cl. (5) (w.e.f. 20-6-1979). Cl. (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 6(retrospectively).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Art. 356.)224 (b) the Election Commission certifies that the continuance in force of the Proclamation approvedunder clause (3) during the period specified in suchresolution is necessary on account of difficulties inholding general elections to the Legislative Assemblyof the State concerned:] 1[Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th dayof May, 1987 with respect to the State of Punjab.] 357. (1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of theLegislature of the State shall be exercisable by or underthe authority of Parliament, it shall be competent— (a) for Parliament to confer on the President the power of the Legislature of the State to make laws,and to authorise the President to delegate, subject tosuch conditions as he may think fit to impose, thepower so conferred to any other authority to bespecified by him in that behalf; (b) for Parliament, or for the President or other authority in whom such power to make laws isvested under sub-clause ( a), to make laws conferring powers and imposing duties, or authorising theconferring of powers and the imposition ofduties, upon the Union or officers and authoritiesthereof; (c) for the President to authorise when the House of the People is not in session expenditure from theConsolidated Fund of the State pending the sanctionof such expenditure by Parliament. 5[(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President orother authority referred to in sub-clause ( a) of clause (1)Exercise of legislative powersunder Proclamationissued under article356. 1Omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 2 (w.e.f. 6-1-1990). Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2. 2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 51, for cl. (2) (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Arts. 356-357.)225 which Parliament or the President or such other authority would not, but for the issue of a Proclamation underarticle 356, have been competent to make shall, after theProclamation has ceased to operate, continue in forceuntil altered or repealed or amended by a competentLegislature or other authority.] 358. 1[(1)] 2[While a Proclamation of Emergency declaring that the security of India or any part of theterritory thereof is threatened by war or by externalaggression is in operation], nothing in article 19 shallrestrict the power of the State as defined in Part III tomake any law or to take any executive action which theState would but for the provisions contained in that Partbe competent to make or to take, but any law so madeshall, to the extent of the incompetency, cease to haveeffect as soon as the Proclamation ceases to operate, exceptas respects things done or omitted to be done before thelaw so ceases to have effect: 3[Provided that 4[where such Proclamation of Emergency] is in operation only in any part of the territoryof India, any such law may be made, or any such executiveaction may be taken, under this article in relation to or inany State or Union territory in which or in any part ofwhich the Proclamation of Emergency is not in operation,if and in so far as the security of India or any part of theterritory thereof is threatened by activities in or in relationto the part of the territory of India in which theProclamation of Emergency is in operation.] 5[(2) Nothing in clause (1) shall apply— (a) to any law which does not contain a recital to the effect that such law is in relation to theSuspension ofprovisions ofarticle 19 duringemergencies. 1Art. 358 re-numbered as cl. (1) thereof by by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39 (w.e.f. 20-6-1979). 2Subs. by s. 39, ibid., for “While a Proclamation of Emergency is in operation” (w.e.f. 20-6-1979). 3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 52 (w.e.f. 3-1-1977). 4 Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, for “where a Proclamation of Emergency” (w.e.f. 20-6-1979). 5Ins. by s. 39, ibid. (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Arts. 357-358.)226 Suspension of the enforcement of therights conferred byPart III duringemergencies.Proclamation of Emergency in operation when it ismade; or (b) to any executive action taken otherwise than under a law containing such a recital.] 359. (1) Where a Proclamation of Emergency is in operation, the President may by order declare that theright to move any court for the enforcement of such of 1[the rights conferred by Part III (except articles 20 and 21)] as may be mentioned in the order and all proceedingspending in any court for the enforcement of the rights somentioned shall remain suspended for the period duringwhich the Proclamation is in force or for such shorterperiod as may be specified in the order. 2[(1A) While an order made under clause (1) mentioning any of 1[the rights conferred by Part III (except articles 20 and 21)] is in operation, nothing inthat Part conferring those rights shall restrict the powerof the State as defined in the said Part to make any lawor to take any executive action which the State wouldbut for the provisions contained in that Part be competentto make or to take, but any law so made shall, to theextent of the incompetency, cease to have effect as soonas the order aforesaid ceases to operate, except as respectsthings done or omitted to be done before the law soceases to have effect:] 3[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,any such law may be made, or any such executive actionmay be taken, under this article in relation to or in anyState or Union territory in which or in any part of whichthe Proclamation of Emergency is not in operation, ifand in so far as the security of India or any part of theterritory thereof is threatened by activities in or inrelation to the part of the territory of India in which theProclamation of Emergency is in operation.] 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40, for “the rights conferred by Part III” (w.e.f. 20-6-1979). 2Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (retrospectively). 3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Arts. 358-359.)227 1[(1B) Nothing in clause (1A) shall apply— (a) to any law which does not contain a recital to the effect that such law is in relation to theProclamation of Emergency in operation when it ismade; or (b) to any executive action taken otherwise than under a law containing such a recital.] (2) An order made as aforesaid may extend to the whole or any part of the territory of India: 2[Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, anysuch order shall not extend to any other part of the territoryof India unless the President, being satisfied that thesecurity of India or any part of the territory thereof isthreatened by activities in or in relation to the part of theterritory of India in which the Proclamation of Emergencyis in operation, considers such extension to be necessary.] (3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House ofParliament. 3359A. [Application of this Part to the State of Punjab. ] Rep. by the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990). 360. (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit ofIndia or of any part of the territory thereof is threatened,he may by a Proclamation make a declaration to thateffect. 4[(2) A Proclamation issued under clause (1)— (a) may be revoked or varied by a subsequent Proclamation;Provisions as tofinancialemergency. 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40 (w.e.f. 20-6-1979). 2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977). 3Ins. by the Constitution (Fifty-ninth Amendment) Act, 1988, s. 3. It shall cease to operate on the expiry of a period of two years from the commencement of this Act, i.e., thirtieth day of March, 1988. 4Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 41, for cl. (2) (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Arts. 359—360.)228 (b) shall be laid before each House of Parliament; (c) shall cease to operate at the expiration of two months, unless before the expiration of that periodit has been approved by resolutions of both Housesof Parliament: Provided that if any such Proclamation is issued at a time when the House of the People has been dissolvedor the dissolution of the House of the People takes placeduring the period of two months referred to in sub-clause ( c), and if a resolution approving the Proclamation has been passed by the Council of States, but noresolution with respect to such Proclamation has beenpassed by the House of the People before the expirationof that period, the Proclamation shall cease to operate atthe expiration of thirty days from the date on which theHouse of the People first sits after its reconstitution unlessbefore the expiration of the said period of thirty days aresolution approving the Proclamation has been alsopassed by the House of the People.] (3) During the period any such Proclamation as is mentioned in clause (1) is in operation, the executiveauthority of the Union shall extend to the giving ofdirections to any State to observe such canons of financialpropriety as may be specified in the directions, and to thegiving of such other directions as the President may deemnecessary and adequate for the purpose. (4) Notwithstanding anything in this Constitution— (a) any such direction may include— (i) a provision requiring the reduction of salaries and allowances of all or any class ofpersons serving in connection with the affairs ofa State; (ii) a provision requiring all Money Bills or other Bills to which the provisions of article 207apply to be reserved for the consideration of thePresident after they are passed by the Legislatureof the State;THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Art. 360.)229 (b) it shall be competent for the President during the period any Proclamation issued under this articleis in operation to issue directions for the reduction ofsalaries and allowances of all or any class of personsserving in connection with the affairs of the Unionincluding the Judges of the Supreme Court and theHigh Courts. 1* * * * * 1Cl. (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 8 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,s. 41 (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Art. 360.)230 PART XIX MISCELLANEOUS 361. (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powersand duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties: Provided that the conduct of the President may be brought under review by any court, tribunal or bodyappointed or designated by either House of Parliament for the investigation of a charge under article 61: Provided further that nothing in this clause shall be construed as restricting the right of any person to bringappropriate proceedings against the Government of Indiaor the Government of a State. (2) No criminal proceedings whatsoever shall be instituted or continued against the President, or theGovernor 1*** of a State, in any court during his term of office. (3) No process for the arrest or imprisonment of the President, or the Governor 1*** of a State, shall issue from any court during his term of office. (4) No civil proceedings in which relief is claimed against the President, or the Governor 1*** of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done byhim in his personal capacity, whether before or after heentered upon his office as President, or as Governor 1*** of such State, until the expiration of two months nextafter notice in writing has been delivered to the President or the Governor 2***, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of 231Protection of President andGovernors andRajpramukhs. 1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “or the Rajpramukh” omitted by s. 29 and Sch., ibid. residence of the party by whom such proceedings are to be instituted and the relief which he claims. 1[361A. (1) No person shall be liable to any proceedings, civil or criminal, in any court in respect ofthe publication in a newspaper of a substantially truereport of any proceedings of either House of Parliamentor the Legislative Assembly, or, as the case may be, eitherHouse of the Legislature, of a State, unless the publicationis proved to have been made with malice: Provided that nothing in this clause shall apply to the publication of any report of the proceedings of asecret sitting of either House of Parliament or theLegislative Assembly, or, as the case may be, either Houseof the Legislature, of a State. (2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy aspart of any programme or service provided by means ofa broadcasting station as it applies in relation to reportsor matters published in a newspaper. Explanation.— In this article, “newspaper” includes a news agency report containing material for publicationin a newspaper.] 2[361B . A member of a House belonging to any political party who is disqualified for being a member ofthe House under paragraph 2 of the Tenth Schedule shallalso be disqualified to hold any remunerative politicalpost for duration of the period commencing from thedate of his disqualification till the date on which theterm of his office as such member would expire or till thedate on which he contests an election to a House and isdeclared elected, whichever is earlier. Explanation .—For the purposes of this article, — (a) the expression “House” has the meaning assigned to it in clause (a) of paragraph 1 of theTenth Schedule;Protection ofpublication ofproceedings ofParliament andState Legislatures. Disqualification for appointmenton remunerativepolitical post. 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 42 (w.e.f. 20-6-1979). 2Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 4.THE CONSTITUTION OF INDIA (Part XIX. —Miscellaneous. —Arts. 361—361 B.)232 (b) the expression “remunerative political post” means any office — (i) under the Government of India or the Government of a State where the salary or remuneration for such office is paid out of thepublic revenue of the Government of India or the Government of the State, as the case may be; or (ii) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remuneration for suchoffice is paid by such body, except where such salary or remuneration paid is compensatory in nature. 362. [Rights and privileges of Rulers of Indian States. ] Rep. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 2. 363. (1) Notwithstanding anything in this Constitution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall havejurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into orexecuted before the commencement of this Constitution by any Ruler of an Indian State and to which the Government of the Dominion of India or any of itspredecessor Governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing underor any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument. (2) In this article— (a) “Indian State” means any territory recognised before the commencement of this Constitution by His Majesty or the Government of the Dominion of India as being such a State; and (b) “Ruler” includes the Prince, Chief or other person recognised before such commencement byHis Majesty or the Government of the Dominion of India as the Ruler of any Indian State.Bar to interference by courts indisputes arisingout of certaintreaties,agreements, etc.THE CONSTITUTION OF INDIA (Part XIX. —Miscellaneous. —Arts. 361B—363.)233 1[363A. Notwithstanding anything in this Constitution or in any law for the time being in force— (a) the Prince, Chief or other person who, at any time before the commencement of the Constitution(Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State orany person who, at any time before suchcommencement, was recognised by the President asthe successor of such ruler shall, on and from suchcommencement, cease to be recognised as such Ruleror the successor of such Ruler; (b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities andobligations in respect of privy purse are extinguishedand accordingly the Ruler or, as the case may be, thesuccessor of such Ruler, referred to in clause ( a) or any other person shall not be paid any sum as privypurse.] 364. (1) Notwithstanding anything in this Constitution, the President may by public notificationdirect that as from such date as may be specified in thenotification— (a) any law made by Parliament or by the Legislature of a State shall not apply to any majorport or aerodrome or shall apply thereto subject tosuch exceptions or modifications as may be specifiedin the notification, or (b) any existing law shall cease to have effect in any major port or aerodrome except as respects thingsdone or omitted to be done before the said date, orshall in its application to such port or aerodromehave effect subject to such exceptions or modificationsas may be specified in the notification. (2) In this article— (a) “major port” means a port declared to be a major port by or under any law made by Parliamentor any existing law and includes all areas for thetime being included within the limits of such port; (b) “aerodrome” means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation.Recognition granted to Rulersof Indian Statesto cease andprivy purses tobe abolished. 1Ins. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 3.Special provisionsas to major portsand aerodromes.THE CONSTITUTION OF INDIA (Part XIX. —Miscellaneous. —Arts. 363A-364.)234 365. Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution. 366. In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— (1) “agricultural income” means agricultural income as defined for the purposes of the enactments relating to Indian income-tax; (2) “an Anglo-Indian” means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only; (3) “article” means an article of this Constitution;(4) “borrow” includes the raising of money by the grant of annuities, and “loan” shall be construed accordingly; 1* * * * (5) “clause” means a clause of the article in which the expression occurs; (6) “corporation tax” means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the following conditions are fulfilled:— (a) that it is not chargeable in respect of agricultural income; (b) that no deduction in respect of the tax paid by companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals; (c) that no provision exists for taking the tax so paid into account in computing for theEffect of failure to comply with,or to give effectto, directionsgiven by theUnion. Definitions.THE CONSTITUTION OF INDIA (Part XIX. —Miscellaneous. —Arts. 365-366.)235 1Cl. (4A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54 (w.e.f. 1-2-1977) and omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 11(w.e.f. 13-4-1978). purposes of Indian income-tax the total income of individuals receiving such dividends, or in computing the Indian income-tax payable by, or refundable to, such individuals; (7) “corresponding Province”, “corresponding Indian State” or “corresponding State” means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question; (8) “debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and “debt charges” shall be construed accordingly; (9) “estate duty” means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislatureof a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass; (10) “existing law” means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation; (11) “Federal Court” means the Federal Court constituted under the Government of India Act, 1935; (12) “goods” includes all materials, commodities, and articles; (13) “guarantee” includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount; (14) “High Court” means any Court which is deemed for the purposes of this Constitution to be a High Court for any State and includes— (a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, andTHE CONSTITUTION OF INDIA (Part XIX. —Miscellaneous. —Art. 366.)236 (b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution; (15) “Indian State” means any territory which the Government of the Dominion of India recognisedas such a State; (16) “Part” means a Part of this Constitution;(17) “pension” means a pension, whether contributory or not, of any kind whatsoever payableto or in respect of any person, and includes retired pay so payable; a gratuity so payable and any sum or sums so payable by way of the return, with orwithout interest thereon or any other addition thereto, of subscriptions to a provident fund; (18) “Proclamation of Emergency” means a Proclamation issued under clause (1) of article 352; (19) “public notification” means a notification in the Gazette of India, or, as the case may be, the OfficialGazette of a State; (20) “railway” does not include— (a) a tramway wholly within a municipal area, or (b) any other line of communication wholly situate in one State and declared by Parliament bylaw not to be a railway; 1* * * * * * 2[(22) “Ruler” means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Rulerof an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler;] (23) “Schedule” means a Schedule to this Constitution; (24) “Scheduled Castes” means such castes, races or tribes or parts of or groups within such castes, 1Cl. (21) omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Subs. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 4, for cl. (22).THE CONSTITUTION OF INDIA (Part XIX. —Miscellaneous. —Art. 366.)237 races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution; (25) “Scheduled Tribes” means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed underarticle 342 to be Scheduled Tribes for the purposes of this Constitution; (26) “securities” includes stock; 1* * * * * * (27) “sub-clause” means a sub-clause of the clause in which the expression occurs; (28) “taxation” includes the imposition of any tax or impost, whether general or local or special, and“tax” shall be construed accordingly; (29) “tax on income” includes a tax in the nature of an excess profits tax; 2[(29A) “tax on the sale or purchase of goods” includes— (a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration; (b) a tax on the transfer of property in goods (whether as goods or in some other form)involved in the execution of a works contract; (c) a tax on the delivery of goods on hire- purchase or any system of payment by instalments; (d) a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; 1Cl. (26A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54 (w.e.f. 1-2-1977) and omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 11(w.e.f. 13-4-1978). 2Ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 4.THE CONSTITUTION OF INDIA (Part XIX. —Miscellaneous. —Art. 366.)238 (f) a tax on the supply, by way of or as part of any service or in any other mannerwhatsoever, of goods, being food or any otherarticle for human consumption or any drink(whether or not intoxicating), where such supplyor service, is for cash, deferred payment or othervaluable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the personmaking the transfer, delivery or supply and a purchaseof those goods by the person to whom such transfer,delivery or supply is made;] 1[(30) “Union territory” means any Union territory specified in the First Schedule and includesany other territory comprised within the territory ofIndia but not specified in that Schedule.] 367. (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of thisConstitution as it applies for the interpretation of an Actof the Legislature of the Dominion of India. (2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, ormade by, the Legislature of a State 2***, shall be construed as including a reference to an Ordinance made by thePresident or, to an Ordinance made by a Governor 3***, as the case may be. (3) For the purposes of this Constitution “foreign State” means any State other than India: Provided that, subject to the provisions of any law made by Parliament, the President may by order4 declare any State not to be a foreign State for such purposes asmay be specified in the order.Interpretation. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for cl. (30). 2The words and letters “specified in Part A or Part B of the First Schedule” omitted by s. 29 and Sch., ibid. 3The words “or Rajpramukh “ omitted by s. 29 and Sch., ibid. 4See the Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2).THE CONSTITUTION OF INDIA (Part XIX. —Miscellaneous. —Arts. 366-367.)239 PART XX AMENDMENT OF THE CONSTITUTION 368. 2[(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituentpower amend by way of addition, variation or repeal anyprovision of this Constitution in accordance with theprocedure laid down in this article.] 3[(2)] An amendment of this Constitution may be initiated only by the introduction of a Bill for the purposein either House of Parliament, and when the Bill is passedin each House by a majority of the total membership ofthat House and by a majority of not less than two-thirdsof the members of that House present and voting, 4[it shall be presented to the President who shall give hisassent to the Bill and thereupon] the Constitution shallstand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in— (a) article 54, article 55, article 73, article 162 or article 241, or (b) Chapter IV of Part V, Chapter V of Part VI, or ```` ## What this means (mechanical reading aid, not legal advice) - The index files it under the chapter heading “Chapter moneys: are or may be distributable to States, or”. - The passage runs to about 24,361 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: “Property”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “discriminationbetween”). - **Caveat:** The index holds no article number for this record. Cite the passage itself rather than a section number. - **Caveat:** This index row contains 82 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, passage filed under chapter “Chapter moneys: are or may be distributable to States, or”, Portable Lawyer, https://www.portablelaw.com/provision/ff4b88eb-7672-48d2-95c1-41a359036227 (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/ff4b88eb-7672-48d2-95c1-41a359036227) - [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt) --- Portable Lawyer · A chapter-length passage of the Constitution of India (chapter: “Chapter moneys: are or may be distributable to States, or”). which imposes any such surcharge for the purposes ofthe Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of…